- SIGNS
(A)
Permit Required. It shall be unlawful for any person to erect, repair, alter, relocate or keep within the city any sign or other advertising structure except as exempted herein without first obtaining a sign permit from the Zoning and Development Administrator or designee.
(B)
Illuminated Signs. All illuminated signs shall, in addition, be subject to the provisions of the electrical code, and the permit fees required thereunder.
(C)
Fees. Every applicant, before being granted a permit hereunder, shall pay to the Zoning and Development Administrator's Office the permit fee set forth in Chapter 159.
(D)
Maintenance of Premises. All freestanding signs and the premises surrounding the same shall be maintained by the owner thereof in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds.
(Code 1965, §§17B-3(a), (c), (e), 4(b); Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-17-76; Ord. No. 2790, 1-18-82; Code 1991, §§158.05, 158.20, 158.22, 158.24, 158.38; Ord. No. 3925, §4, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4972, 1-16-07)
(A)
Application. Applications for initial sign permits shall be made upon forms provided by the Zoning and Development Administrator and shall contain or have attached thereto the following information:
(1)
Applicant Identification. Name, address and telephone number of the applicant.
(2)
Location. Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected.
(3)
Position. Position of the sign or other advertising structure in relation to nearby buildings or structures.
(4)
Blueprints/Drawings. Two (2) blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground.
(5)
Person Erecting Structure. Name of person, firm, corporation, or association erecting structure.
(6)
Consent of Owner. Written consent of the owner of the building, structure, or land to which or on which the structure is to be erected.
(7)
Electrical Permit. Any electrical permit required and issued for said sign. Application requesting electrical permit for proposed sign must accompany sign application.
(B)
Issuance of Sign Permit. It shall be the duty of the Zoning and Development Administrator or designee, upon the filing of an application for an erection permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure, and if it shall appear that the proposed structure and sign are in full compliance with all the requirements of this chapter and all other laws and ordinances of the city, he shall within five (5) business days issue the sign permit. If the Zoning and Development Administrator or designee fails to reject a completed sign application (that purports to show full compliance with all code requirements) within ten (10) business days of its submission by written explanation of why such application fails to meet all Code requirements, the sign application shall be deemed approved and a sign permit shall be immediately issued to the applicant. If the work authorized under a sign permit has not been completed within six (6) months after date of issuance, the said permit shall become null and void.
(C)
Appeals of Sign Permit Denials. All decisions and interpretations of the Zoning and Development Administrator under this chapter shall be considered final administrative actions for the purpose of the appeals set forth at §155.01.
(Ord. No. 1965, §17B 3(b), (d); Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-17-76; Code 1991, §§158.21; 158.23; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04; Ord. No. 4972, 1-16-07; Ord. No. 5425, 8-2-11; Ord. No. 6575, §1, 6-7-22)
Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with certain applicable provisions of this chapter. The exemptions shall apply to the requirement for a sign permit. No sign permit shall be required for the erection of the following signs which are hereby authorized to be erected in compliance with the listed conditions:
(A)
Professional Name Plates. Professional name plates erected flat on walls of building and not exceeding four (4) square feet of display surface area.
(B)
Building Construction Signs. One (1) on-site building construction sign on each construction site in any zoning district, provided that maximum display surface area shall be 8 square feet or less in R zoning districts: 32 square feet or less in other zoning districts.
(C)
Real Estate Signs. On a lot in any district, there may be erected one (1) on-site unanimated real estate sign while the lot is for sale. Provided further, such signs shall be limited to wall signs, freestanding signs or platform signs; and freestanding signs or platform signs shall be set back a minimum of 10 feet from the street. Real estate signs shall be removed within seventy-two (72) hours following the closing (sale) of the property on which it is located. The permitted illumination and maximum display surface area for a real estate sign shall be as follows:
(D)
Home Occupation Signs. Home occupation signs erected flat against the wall and not exceeding 3 square feet.
(E)
Memorial Signs, Name Signs. Memorial signs or tables, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.
(F)
Traffic Signs, Etc. Traffic or other municipal signs, legal notices, railroad crossing signs, danger, and such temporary, emergency or nonadvertising signs as may be approved by the City Council.
(G)
Posting Bills, Repainting Signs. Posting of bills on signs, repainting of signs, or the changing of letters or numbers on signs designed for changeable lettering or numbering which were legally erected and maintained for such purposes.
(H)
Non-Commercial Signs. Non-commercial signs are permitted to be placed on private property by the land owner or lawful tenant in any zoned district subject to the following conditions:
(1)
Districts Where Most Signs Are Not Permitted. In districts where most signs are not permitted (primarily residential districts), one (1) non-commercial sign may be erected subject to the limitations stated in §174.03 (C) for real estate signs.
(2)
Districts Where Signs Are Permitted. In districts where signs are otherwise permitted, non-commercial signs may be placed over or substituted for the permitted commercial sign.
(3)
All Districts. In addition to the non-commercial sign allowed above, sixty (60) days prior to any general, primary, runoff or special election, a property owner may display additional non-illuminated, temporary non-commercial signs of the same size allowed for real estate signs allowed in §174.03 (C). All such signs (not authorized for further display by an upcoming election such as a run-off) must be removed by the property owner within three (3) days of the election which authorized the signs' installation.
(I)
Time and Temperature Displays. Time and temperature displays without advertising matter, may change their illuminated time and temperature displays as often as reasonably necessary to provide accurate and convenient information to observers without being considered to be in violation of §174.08 B. Fluctuating Illumination.
(J)
Banners. Public event, special sales event and non-commercial banners (not to exceed 3 feet by 30 feet) and large non-commercial signs (not to exceed 32 square feet) may be temporarily installed under the following terms and conditions:
(1)
Non-Commercial Banners and Large Signs.
(a)
Residential Zones Including Neighborhood Conservation, Residential Office, Residential Agriculture and RPZD. In addition to the non-commercial sign allowed in subsection (H), the owner of a residentially zoned parcel may install one (1) large temporary non-commercial sign of up to 32 square feet no more than sixty (60) days prior to (and to be removed within three (3) days following) an election.
(b)
All Other Zones. The owner of a parcel may install one (1) large temporary non-commercial sign of up to 32 square feet no more than sixty (60) days prior to (and to be removed within three (3) days following) an election. If the parcel has more than 100 feet of frontage on a street, the owner may install one (1) large temporary non-commercial sign per hundred feet of frontage. No more than once a year, an owner may substitute and install a non-commercial banner for an allowed special sales event banner no more than two (2) weeks prior to (and to be removed within three (3) days following) the election.
(2)
Special Sales Event Banner. In Commercial, Downtown Core, Downtown General, Main Street Central, and C-PZD zones, a commercial retail business may advertise a special sales event by installing a special sales event banner on its property at least 40 feet from the street right of way and no higher than 30 feet above street level for a total display time of no more than ten (10) days, no more than one (1) time a year.
(3)
Public Event Banners. Nonprofit organizations and government entities may install public event banners under the following conditions:
(a)
In order to notify or invite the public to attend a public festival or event sponsored by the nonprofit organization or government entity, this organization may install a public event banner (that may not contain advertising or commercial logos) on its property at least 20 feet from the street right of way or on the building's facade and no more than 30 feet above the street for a total display time of no more than fourteen (14) days six (6) times a year.
(b)
In order to notify or invite the public to attend a public festival or event within the Downtown Master Plan area or the University of Arkansas campus sponsored by the nonprofit organization or government entity, that organization may pay the costs of the CITY to install one (1), two (2), or three (3) cross street public event banners (with no advertising or commercial logos) at one or more city authorized sites {intersections of Dickson and Block, and Dickson and Arkansas, and on Block between Dickson and Meadow} for no more than fourteen (14) days once a year. When more than one nonprofit organization or government entity would qualify and timely requests to pay for the installation of cross street banners during the same period, the number of cross street banners for each organization may be reduced to one (1) and/or the length of display may be shortened to one (1) week so that each qualified applicant is treated equally.
(K)
Signs Located in Buildings. Any sign located within a building that is not visible to the public outside said building is exempt from all regulations in this chapter.
(L)
Signs on Windows. Signs painted, affixed to or clearly visible through windows and doors are exempt from the permit requirement. However, such signs are considered wall signs and must conform to all requirements and limitations for wall signs pursuant to §174.12, Wall signs.
(M)
Directional Identification and Informational Signs. Directional, identification, and informational signs; provided such signs shall be limited to wall and freestanding signs with a maximum of 4 square feet of display surface area. Notwithstanding the restrictions on the location and number of freestanding signs prescribed by §174.10, one (1) freestanding sign not exceeding 4 square feet in display surface area shall be permitted at each entrance or exit on a lot or parcel to identify such entrance or exit and to encourage the use of motor vehicle seatbelts, subject to the following restrictions.
(1)
Traffic Hazard. No such sign shall be erected which would create a traffic hazard.
(2)
Seat Belt Sign. Any words or symbols encouraging the use of seatbelts shall face the interior of the lot or parcel on which the sign is located and shall not face the street.
(3)
Advertising. No advertising or commercial logos may be incorporated into the sign.
(N)
Collection Boxes. Collection boxes for charitable or nonprofit organizations containing no commercial advertising and located on private property in any commercial or industrial zoning districts.
(O)
Subdivision Signs. In any district, one temporary subdivision identification sign indirectly illuminated, not to exceed 50 square feet in area per surface may be erected at any principal entrance to a subdivision, provided that in no event shall such sign remain for more than six (6) months within 50 feet of a dwelling in a R district occupied as a dwelling.
(P)
Freestanding Bulletin Board. A church or other religious institution and a school serving primary and/or secondary education Fayetteville students may install one (1) freestanding bulletin board (not an electronic message board) on its campus to communicate non-commercial information and events at such church or school. The bulletin board may be 10 square feet and must be set back a minimum of 15 feet from the street right-of-way. The school or church may enlarge the bulletin board up to maximum of 24 square feet by moving it back from street right-of-way 1 additional foot for each 2 square feet of display surface area in excess of the normal 10 square feet allowed. This bulletin board sign shall be in addition to any other signs authorized in this chapter.
(Q)
Fuel Price Informational Signs. In any district, signs advertising the price of motor vehicle fuel sold from a fuel pump located on the premises shall be permitted, subject to the following conditions:
(1)
Price. Only one (1) fuel price informational sign shall be permitted per fuel pump.
(2)
Size. Fuel price informational signs shall be limited in size to an area of 216 square inches.
(3)
Stationary. Each fuel price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary.
(4)
Other Locations. Nothing herein shall be construed as to prohibit the advertisement of fuel prices on any other sign meeting the requirements of this chapter.
(5)
Sign Faces. Only one (1) two (2) faced, or two (2) one (1) faced, self-service/full service signs not exceeding four (4) square feet in display surface area shall be permitted at each pump island.
(R)
Fences and Scoreboards in City Parks. Signs may be permitted on baseball/softball fences and scoreboards in city parks as provided for in §97.088(B).
(S)
Pedicabs. Pedicabs not operating on city trails may be allowed one advertising sign placed upon the rear of the pedicab and extending no higher than the stock body of the pedicab. The sign shall not be illuminated and shall not exceed 6 square feet (2 feet × 3 feet). Prior to displaying this sign publicly, such sign as attached to the pedicab must be presented to the Zoning and Development Administrator for permitting and, if the sign is in full compliance with this subsection, approval.
(Code 1965, §17B-6; Ord. No. 1893, 12-19-72; Ord. No. 3294, 9-15-87; Ord. No. 3307, 10-20-87; Ord. No. 3313, 11-17-87; Code 1991, §158.08; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4972, 1-16-07; Ord. No. 5174, 9-2-08; Ord. No. 5398, 4-19-11; Ord. 5437, No. 9-6-11; Ord. No. 5901, §§2—7, 9-6-16; Ord. No. 6793, § 6, 9-17-24)
For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner, without organized relationship to elements, or where there is a reasonable doubt as to the relationship of elements, each element shall be considered to be a single sign.
(Ord. No. 5901, §8, 9-6-16)
Editor's note— Ord. No. 5901, §8, adopted Sept. 6, 2016, repealed §174.04 and added a new section as set out herein. The former §174.04 pertained to sign identification and derived from §17B-6 of the 1965 Code; Ord. No. 1893, adopted Dec. 19, 1972; Ord. No. 3294, adopted Sept. 15, 1997; Ord. No. 3307, adopted Oct. 20, 1987; Ord. No. 3313, adopted Nov. 17, 1987; §158.08 of the 1991 Code; Ord. No. 4100, §2 (Ex. A), adopted June 16, 1998; and Ord. No. 4972, adopted Jan. 16, 2007.
In the event a business ceases operation for a period of time in excess of sixty (60) days, the sign permit holder or the property owner shall immediately remove any sign identifying or advertising said business or any product sold thereby and any non-conforming sign supporting structure. A conforming sign supporting structure need not be removed unless a determination is made by the Zoning and Development Administrator that the unoccupied sign structure is a traffic hazard or a substantial detriment to nearby businesses or residents such that the structure's removal is necessary to end a public nuisance.
(Code 1965, §17B-4A; Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298; 10-6-87; Code 1991, §158.35; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4972, 1-16-07)
Anywhere a commercial sign is permitted by this code, a noncommercial sign may be placed on or substituted for such sign.
(Code 1965, §17B-5; Ord. No. 1893, 12-19-72; Ord. No. 2109, 6-3-75; Ord. No. 2255, 7-20-76; Code 1991, §158.07; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4972, 1-16-07)
(A)
No signs other than signs installed, placed, owned, required or controlled by the City of Fayetteville, Washington County, the State of Arkansas and the United States of America or their agencies or subdivisions shall be erected on any public property or right-of-way except under circumstance set forth in (B) because the property owner has no available frontage property where a freestanding sign could be installed.
(B)
If a property owner's building abuts a sidewalk within city right-of-way or on city property so that there is no space outside city right-of-way for the placement of a normal freestanding sign, then the property owner may place one (1) freestanding "A" frame sandwich board on the property as permitted in §174.08 (C). A non-commercial sign of identical size, shape and under the same limitations may be substituted for the "A" frame sign pursuant to §173.03 (H).
(Ord. No. 5901, §9, 9-6-16)
Editor's note— Ord. No. 5901, §9, adopted Sept. 6, 2016, repealed §174.07 and added a new section as set out herein. The former §174.07 pertained to placing signs on public property and derived from §17B-7(c) of the 1965 Code; Ord. No. 1893, adopted Dec. 19, 1972; Ord. No. 2934, adopted Aug. 2, 1983; Ord. No. 2948, adopted Sept. 20, 1983; Ord. No. 3298, adopted Oct. 6, 1987; §159.37 of the 1991 Code; Ord. No. 3677, §1, adopted March 2, 1993; Ord. No. 4100, §2 (Ex. A), adopted June 16, 1998; Ord. No. 4622, adopted Sept. 21, 2004; Ord. No. 4972, adopted Jan. 16, 2007; and Ord. No. 5777, adopted June 2, 2015.
(A)
Spot Lights and Beacons. It shall be unlawful for any person to continue in operation or erect any attraction device or sign which contains a beacon of any type and/or contains a spot light providing direct illumination to the public.
(B)
Fluctuating Illumination. It shall be unlawful for any person to erect additional attraction devices or signs or to continue in operation an attraction device or sign which flashes, blinks, or is animated. Illumination of attraction devices or signs located in the city that fluctuates in light intensity shall be prohibited.
(1)
Electronic Message Boards. Electronic message boards may be permitted subject to the following conditions:
(a)
District Limitations. Electronic message boards are prohibited in all residential districts, including Neighborhood Conservation. They are allowed only in institutional, office, industrial and commercial zoning districts, or mixed use districts with nonresidential uses, but in no case ever allowed in the Neighborhood Services or I-540 Districts.
(b)
Size. The maximum sign area of the electronic portion of an electronic message board shall not exceed 32 square feet.
(c)
Display. Messages shall be displayed on a black or unlit background.
(d)
Dimming and Brightness. Signs shall be equipped with dimming technology that automatically adjusts the display brightness based on ambient light conditions. The sign shall not exceed 0.3 foot candles illumination above ambient light level.
(e)
Copy. Electronic message boards using flashing, intermittent or moving light or lights are prohibited. There shall be no appearance of visual dissolving, fading, movement, animated text, video, or flow of message.
(i)
Electronic message boards may change their message every three (3) hours without violating the prohibition of flashing or blinking. Transitions between messages shall be instantaneous.
(2)
Electronic Graphic Display Screens. It shall be unlawful to erect any electronic graphic display screen.
(C)
Portable Swinger or Temporary Attraction Sign Boards. It shall be unlawful for any person to continue to display or erect any portable swinger, portable message board, "A" frame, sandwich, or temporary attraction sign board in the city, except under the following conditions:
(1)
One (1) freestanding, "A" frame sandwich/menu board may be permitted on a commercially zoned lot or on the adjacent public or private sidewalk in front of the respective business for the duration of the business' hours of operation. The temporary sign shall be removed and placed inside after business hours.
(2)
The sign shall be placed such that the sidewalk remains ADA compliant, and for signs located on the public sidewalk there shall be a minimum of 5 feet of the total sidewalk width free and clear, to provide adequate and unobstructed pedestrian movement.
(3)
The permitted sign shall only advertise for the adjacent establishment. The sign may not be utilized for product placement or to advertise for other commercial or business establishments.
(4)
The size of the sign shall be limited to 36 inches tall by 24 inches wide.
(5)
No sign may be displayed or erected that swings, rotates, flashes, fluctuates, or is illuminated, or in any other manner that would violate the provisions of §174.08.
(D)
Revolving, Rotating, or Moving Signs. It shall be unlawful for any person to erect or to continue using any sign on the exterior of which revolves, rotates or otherwise moves, in whole or part.
(E)
Windblown Signs. It shall be unlawful for any person to display any windblown sign; provided, windblown signs may be displayed on a lot, at a shopping center, or at a mall one (1)time per year for a period not to exceed seventy-two (72) hours if a temporary sign permit is first obtained from the Planning Division upon payment of the appropriate fee; provided further, one (1) company flag shall be permitted to be flown in conjunction with the United States Flag or Arkansas Flag or both on a lot, at a shopping center, or mall.
(F)
Signs that Constitute a Traffic Hazard. No sign or other advertising structure as regulated by this chapter shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; or at any location where, by reason of the wording, position, shape, or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device.
(G)
Use of Vehicle as Sign. It shall be unlawful to use a vehicle or a trailer as a sign in circumvention of this chapter.
(H)
Off-Site Signs. It shall be unlawful to erect any off-site sign.
(I)
Roof Signs. Roof signs shall not be permitted.
(J)
Placing signs on Private Property. No signs shall be placed on any private property without the consent of the owner thereof.
(K)
Placing Signs on Trees. No signs shall be placed or painted on any tree within the city's right-of-way or property.
(L)
Placing Signs on Utility Poles. No signs shall be placed on any utility pole except for utility identification or similar purposes.
(M)
I-540 Overlay District. It shall be unlawful to erect any pole sign within the I-540 Overlay District. The only permitted free standing sign in the I-540 Overlay District shall be monument signs.
(Code 1965, §17B-7(b), (e)—(k); 17B-8; Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298, 10-6-87; Code 1991, §158.38, 158.36, 158-39-158.46; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4972, 1-16-07; Ord. No. 5166, 8-19-08; Ord. No. 5526, 9-18-12; Ord. No. 5559, 01-03-13; Ord. No. 5692, 6-03-14)
Illumination is restricted to incandescent lights bulbs rated at one hundred fifty (150) watts or less or other type of light emitting source's equivalent lumen output not to exceed two thousand seven hundred (2,700) lumens.
(Code 1965, §17B-7(d); Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298, 10-6-87; Code 1991, §158.38; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4972, 1-16-07; Ord. No. 5526, 9-18-12; Ord. No. 5951, §2, 2-7-17)
On-Site Freestanding signs shall be permitted to be erected in the city subject to the following:
Only one (1) freestanding sign shall be permitted on a lot, except where otherwise described herein. It shall be unlawful to erect any off-site freestanding sign or any freestanding sign that does not meet the sign type, size, display surface area, setback, height, or illumination as described herein.
(A)
Pole Signs. The following regulations pertain to signs identified as "pole signs." It shall be unlawful to erect any pole sign which total height is greater than 17.5 feet, unless further limited herein, above the level of the street upon which the sign faces; provided the pole supported sign may be increased in height ½ foot for every foot of additional setback beyond the required 15 feet from the right-of-way with a maximum height of 30 feet. On-site pole signs shall be permitted to be erected in the city subject to the following:
(1)
R-A District.
(a)
Number of Signs. Only one (1) pole sign shall be permitted at an agricultural or permitted business located on one (1) or more adjoining lots.
(b)
Display Surface Area. The maximum display surface area shall not exceed 16 square feet.
(c)
Illumination. Sign may be illuminated by indirect illumination only.
(d)
Setback from Right-of-Way. Sign shall be setback 35 feet from street right-of-way and 25 feet from any R or R-O District.
(2)
RSF, RI, and CCR Districts. Except pursuant to §174.03, pole signs shall be prohibited and no pole signs shall be erected in RSF, RI, and CCR Districts of the city.
(3)
RMF, R-O, NC, NS, and UN Districts.
(a)
Number of Signs. Only one (1) on-site freestanding sign shall be permitted on a lot or at a business operating on two (2) or more adjoining lots.
(b)
Display Surface Area. The maximum display surface area shall not exceed 4 square feet;
(c)
Setback from Right-of-Way. The sign shall be setback a minimum of 15 feet from street right-of-way.
(d)
Setback from Adjoining Property. The sign shall be setback a minimum of 25 feet from the boundary of any RSF District and 15 feet from all other zoning districts.
(e)
Height. The height of the sign shall not be greater than six (6) feet above the level of the street upon which the sign faces.
(f)
Illumination. The sign shall be illuminated by indirect illumination only.
(4)
C, I, DG, MSC, DC, CS, P-1, UC, and UT Districts.
(a)
Number of signs. Only one (1) pole sign shall be permitted on a lot, at a shopping center, or at a mall; provided only one (1) on-site pole sign shall be permitted for any business operating on two (2) or more adjoining lots.
(b)
Display Surface Area and Setback from Right-of-Way. The display surface area shall not exceed 10 square feet and shall be setback 15 feet or more from the right-of-way; provided, the display surface area may be increased 2 square feet for each 1 foot of additional setback from the right-of-way beyond 15 feet; provided further, the maximum display surface area for a sign which is setback from the street right-of-way 40 feet or more shall be 75 square feet.
(c)
Setback from Adjoining Property. Setback shall be a minimum of 25 feet from the boundary of any adjoining property.
(B)
Monument Sign. The following regulations pertain to signs identified as "monument signs," which are freestanding signs whose entire base is in contact with and supported by the ground.
(1)
Number of Signs. Where a monument sign is permitted, only one (1) sign shall be erected on a lot or at a business operating on two (2) or more adjoining lots.
(2)
Display Surface Area.
(a)
RSF and RT Districts. Prohibited on individual lots.
(b)
NC District. Where a conditional use permit has been approved for a nonresidential use within the Neighborhood Conservation zoning district the display surface area of the monument sign shall not exceed 10 square feet.
(c)
NS, RMF, UN, and CCR Districts. The display surface area shall not exceed 16 square feet.
(d)
R-A District. The display surface area shall not exceed 32 square feet.
(e)
R-O Districts. The display surface area shall not exceed 50 square feet.
(f)
C, I, DG, MSC, DC, CS, P-1, UC, and UT Districts. The display surface area shall not exceed 75 square feet.
(3)
Setback from right-of-way. The sign shall be setback a minimum of 10 feet from the right-of-way.
(4)
Setback from Adjoining Property Lines. The sign shall be setback a minimum of 25 feet from the boundary of any RSF district and 15 feet from all other zoning districts.
(5)
Height. The maximum height of a sign shall be 6 feet from the surrounding grade.
(C)
Joint Identification Sign. The following regulations pertain to signs identified as joint identification signs:
Joint identification signs must provide area for the display of a minimum of two (2) person(s) or business(s) and may be located at no more than two (2) remote entrance locations, as approved by the Planning Division. The permit applicant shall provide a recorded legal document as approved by the Planning Division indicating ownership and responsibility for maintenance of sign and subject to the following:
(1)
R-A, RSF, RI, RMF, P, NC, NS, UN, and CCR Districts. Prohibited.
(2)
R-O District. Monument joint identification sign permitted only.
(a)
Display Surface Area. Display surface area shall not exceed 50 square feet.
(b)
Setback from Right-of-Way. Signs shall be setback a minimum of 10 feet from the right-of-way.
(c)
Setback from Adjoining Property. Setback shall be a minimum of 10 feet from adjoining non-residential property and 25 feet from adjoining residential property.
(d)
Height. The maximum height of a sign shall be six (6) feet from the surrounding grade.
(3)
C, I, DG, MSC, DC, CS, UC, and UT Districts.
(a)
Monument. The following regulations apply to a monument joint identification sign, whose entire base is in contact with and supported by the ground:
(i)
Multi-tenant Building Containing 37,500 Square Feet or Less of Leasable Tenant Space:
a.
Display Surface Area and Setback from Right-of-Way. Display surface area shall not exceed 75 square feet and the sign shall be setback 10 feet or more from the right-of-way.
b
Height. The maximum height of a sign shall be six (6) feet above the level of the surrounding grade.
(ii)
Multi-Tenant Building Containing More Than 37,500 Square Feet:
a.
Display Surface Area. Display surface area shall not exceed 75 square feet; provided the display surface area of a joint identification signs may be increased one additional square foot per 500 square feet of gross leaseable building area over 37,500 square feet, as approved by the Planning Division. Total display surface area shall not exceed 300 square feet.
b.
Height and Setback from Right-of-Way. The maximum height of the sign shall be 6 feet above the level of the surrounding grade when setback 10 feet or more from the right-of-way; provided, the maximum height of the sign may increase to 10 feet above the surrounding grade when setback 20 feet or more from the right-of-way.
c.
Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the boundary of any adjoining property.
(b)
Pole. The following regulations apply to pole-mounted joint identification signs:
(i)
Display Surface Area and setback from Right-of-Way. The display surface area shall not exceed 10 square feet and shall be setback 15 feet or more from the right-of-way; provided, the display surface area may be increased 2 square feet for each 1 foot of additional setback from the right-of-way beyond 15 feet; provided further, the maximum display surface area for a sign which is setback from the street right-of-way 40 feet or more shall be 75 square feet.
a.
Exception. Display surface area shall not exceed 75 square feet, provided the display surface area of joint identification signs may be increased one additional square foot per 500 square feet of gross leaseable building area over 37,500 square feet, as approved by the Planning Division. Total display surface area shall not exceed 300 square feet.
(ii)
Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the boundary of any adjoining property.
(iii)
Height. The height of a sign shall be a maximum of 17.5 feet, provided the pole-mounted sign may be increased in height ½ foot for every foot of additional setback beyond the required 15 feet from the right-of-way with a maximum height of 30 feet.
(D)
Area signs. The location of the fence, wall, or other structure which will contain the area identification sign must be approved by the Planning Division, which will approve such structure upon the criterion of traffic safety sight lines. Area signs shall not be located within the Master Street Plan right-of-way.
(1)
R-A, RSF, RI, RMF, NC, NS, R-O, UN, and CCR Districts.
(a)
Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with more than one (1) entrance may not have a sign at more than two (2) locations.
(b)
Display Surface Area. An area sign with display on one (1) side located on each side of an entrance street may be substituted for a single sign with display on both sides. The display surface area shall not exceed 32 square feet.
(2)
C, I, DG, MSC, DC, CS, P-1, UC, and UT Districts.
(a)
Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with more than one (1) entrance may not have a sign at more than two (2) locations.
(b)
Display Surface Area. An area sign with display on one (1) side located on each side of an entrance street may be substituted for a single sign with display on both sides. The display surface area shall not exceed 75 square feet.
(E)
Bulletin Boards. The following regulations pertain to signs identified as "bulletin boards," which are erected for the purposes of announcing events which are held on the premises:
(1)
RSF, RI, NC, and CCR Districts. Where a conditional use permit has been approved for a charitable, educational, or religious institution or a public body within these districts, the following limitations shall apply:
(a)
Number of Signs. Only one (1) on-site bulletin board shall be permitted on a lot or for a use operating on two (2) or more adjoining lots.
(b)
Display Surface Area. Monument sign only, with a display surface area not to exceed 16 square feet.
(c)
Setback from Right-of-Way. The bulletin board shall be setback a minimum of 10 feet from the street right-of-way.
(d)
Setback from Adjoining Properties. The sign shall be setback a minimum of 25 feet from the boundary of any RSF district and 15 feet from all other zoning districts.
(e)
Height.The height of the bulletin board shall not be greater than 6 feet above the level of the street upon which the sign faces.
(f)
llumination. Electronic message boards shall be prohibited.
(Code 1965, §17B-9; Ord. No. 1893, 12-19-72; Ord. No. 3008, 5-1-84; Ord. No. 3029, 8-21-84; Ord. No. 3294, 9-15-87; Code 1991, §158.47; Ord. No. 4100, §2 (Ex. A), 6-16-98); Ord. No. 4226, 2-15-00; Ord. No. 4972, 1-16-07; Ord. No. 5088, 12-04-07; Ord. No. 5375, No. 12-21-10; Ord. No. 5901, §10, 9-6-16; Ord. No. 6793, § 7, 9-17-24; Ord. No. 6830, §5, 1-7-25; Ord. No. 6884, §§5—9, 6-17-25)
(A)
Sidewalks. It shall be unlawful to erect any projecting sign that projects from the wall of a building upon which it is erected a distance of more than two-thirds (⅔) of the width of the sidewalk (in those instances where there is a sidewalk next to the building) or within 2 feet of street right-of-way (in those instances where there is no sidewalk next to the building); provided, no projecting sign shall project more than 6 feet from the wall of the building upon which it is erected.
(B)
Location. Projecting signs shall be located on the vertical surface of a building and shall not be higher than the eave or rafter line, whichever is higher. Projecting signs shall clear the sidewalk grade level below the sign by a minimum of 8 feet.
(C)
Display Surface Area. The display surface area of a projecting sign shall not exceed 16 square feet. Only one (1) projecting sign per business shall be permitted and a projecting sign shall not be permitted on property which has a freestanding sign.
(D)
Off-Site. Off-site projecting signs shall be prohibited in all zoning districts.
(E)
On-site projecting signs shall be prohibited in the R-A, RSF, and RT zoning districts.
(Code 1965, §17B-10; Ord. No. 1893, 12-19-72; Ord. No. 2255, 7-20-76; Code 1991, §158.48; Ord. No. 4100, §2 (Ex. A.), 6-16-98; Ord. No. 4972, 1-16-07; Ord. No. 5375, 12-21-10)
Wall signs shall not project more than 18 inches from the surface upon which they are mounted. The upper edge of a wall sign mounted on a mansard roof may project more than 18 inches so long as the sign is perpendicular to the ground. The allowable display surface area of a wall sign is determined by the wall on which it is located.
(A)
NC, RSF, RI and CCR Districts. Where a conditional use permit has been approved for a nonresidential use within these zoning districts, the following limitations shall apply:
(1)
Number of Signs. Limit of one (1) on-site wall sign per business per building; provided, when a building abuts more than one street, the limit shall be one (1) on-site wall sign per business per building for each wall which faces an abutting street. In no case shall a business have more than one wall sign on any one (1) wall.
(2)
Display Surface Area. Display surfaces of each sign shall not exceed 8 square feet.
(3)
Illumination. The color of the sign shall be compatible with the colors of the structure, and only indirect external lighting is permitted.
(4)
Exceptions:
(a)
Home Occupations. Signage for a home occupation in an RSF districts shall be prohibited except where it is required by the applicable licensing board, subject to proof of said requirement.
(B)
RMF Districts.
(1)
Number of Signs. Limit of one (1) on-site wall sign per business per building; provided, when a building abuts more than one (1) street, the limit shall be one (1) on-site wall sign per business per building for each wall which faces an abutting street. In no case shall a business have more than one (1) wall sign on any wall.
(2)
Display Surface Area. Display surfaces of each sign shall not exceed 16 square feet.
(C)
R-A, R-O, NS, and UN Districts.
(1)
Number of signs. Limit of two (2) on-site wall signs per business per building. In no case shall a business have more than one (1) wall sign on any wall.
(2)
Display Surface Area. The display surface area of a sign shall not exceed 16 square feet where the wall adjoins a residential land use, or 50 square feet where the wall adjoins a nonresidential land use, or street right-of-way.
(D)
C, I, DG, MSC, DC, CS, P-1, UC, and UT Districts.
(1)
Number of Signs.
(a)
Single Tenant. Where a building houses only one (1) business, a maximum of four (4) wall signs may be placed on one wall, but no more than four (4) wall signs may be placed on the building.
(b)
Multiple Tenants. Where a building houses more than one business, each business shall be entitled to a maximum of one (1) wall sign per business on each wall of the building, with a maximum of four (4) total wall signs per business per building. In no case shall a business have more than one (1) wall sign on any wall.
(2)
Display Surface Area.
(a)
Single Tenant. The display surface area shall not exceed 20% of the first 1,000 square feet of wall area and 5% of any additional wall area.
(b)
Multiple Tenants. Where a building houses more than one (1) business, the display surface area of each tenant's allowable wall sign(s) shall not exceed 150 square feet. Furthermore, the display surface area for all wall signs on any one wall may not exceed 20% of that total wall area.
(E)
Off-Site Wall Signs. Off-site wall signs shall be prohibited in all zoning districts.
(Code 1965, §17B-11; Ord. No. 1893, 12-19-72; Ord. No. 2309, 2-15-77; Ord. No. 3217, 10-21-86; Ord. No. 3294, 9-15-87; Code 1991, §158.49; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4226, 2-15-00; Ord. No 4500, 7-01-03; Ord. No. 4972, 1-16-07; Ord. No. 5062, 9-18-07; Ord. No. 5375, 12-21-10; Ord. No. 5901, §11, 9-6-16; Ord. No. 6793, § 8, 9-17-24; Ord. No. 6830, §6, 1-7-25; Ord. No. 6884, §10, 6-17-25)
Signage for Planned Zoning Districts (PZD) shall meet the established criteria of this chapter. The signage criteria for each planning area within a PZD shall be assigned at the time of the rezoning request to reflect the most comparable established zoning district(s). The designated signage shall not exceed the signage allowance permitted in the most comparable established zoning district(s), as determined by the Zoning and Development Administrator.
(Ord. No. 5375, 12-21-10)
- SIGNS
(A)
Permit Required. It shall be unlawful for any person to erect, repair, alter, relocate or keep within the city any sign or other advertising structure except as exempted herein without first obtaining a sign permit from the Zoning and Development Administrator or designee.
(B)
Illuminated Signs. All illuminated signs shall, in addition, be subject to the provisions of the electrical code, and the permit fees required thereunder.
(C)
Fees. Every applicant, before being granted a permit hereunder, shall pay to the Zoning and Development Administrator's Office the permit fee set forth in Chapter 159.
(D)
Maintenance of Premises. All freestanding signs and the premises surrounding the same shall be maintained by the owner thereof in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds.
(Code 1965, §§17B-3(a), (c), (e), 4(b); Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-17-76; Ord. No. 2790, 1-18-82; Code 1991, §§158.05, 158.20, 158.22, 158.24, 158.38; Ord. No. 3925, §4, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4972, 1-16-07)
(A)
Application. Applications for initial sign permits shall be made upon forms provided by the Zoning and Development Administrator and shall contain or have attached thereto the following information:
(1)
Applicant Identification. Name, address and telephone number of the applicant.
(2)
Location. Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected.
(3)
Position. Position of the sign or other advertising structure in relation to nearby buildings or structures.
(4)
Blueprints/Drawings. Two (2) blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground.
(5)
Person Erecting Structure. Name of person, firm, corporation, or association erecting structure.
(6)
Consent of Owner. Written consent of the owner of the building, structure, or land to which or on which the structure is to be erected.
(7)
Electrical Permit. Any electrical permit required and issued for said sign. Application requesting electrical permit for proposed sign must accompany sign application.
(B)
Issuance of Sign Permit. It shall be the duty of the Zoning and Development Administrator or designee, upon the filing of an application for an erection permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure, and if it shall appear that the proposed structure and sign are in full compliance with all the requirements of this chapter and all other laws and ordinances of the city, he shall within five (5) business days issue the sign permit. If the Zoning and Development Administrator or designee fails to reject a completed sign application (that purports to show full compliance with all code requirements) within ten (10) business days of its submission by written explanation of why such application fails to meet all Code requirements, the sign application shall be deemed approved and a sign permit shall be immediately issued to the applicant. If the work authorized under a sign permit has not been completed within six (6) months after date of issuance, the said permit shall become null and void.
(C)
Appeals of Sign Permit Denials. All decisions and interpretations of the Zoning and Development Administrator under this chapter shall be considered final administrative actions for the purpose of the appeals set forth at §155.01.
(Ord. No. 1965, §17B 3(b), (d); Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-17-76; Code 1991, §§158.21; 158.23; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04; Ord. No. 4972, 1-16-07; Ord. No. 5425, 8-2-11; Ord. No. 6575, §1, 6-7-22)
Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with certain applicable provisions of this chapter. The exemptions shall apply to the requirement for a sign permit. No sign permit shall be required for the erection of the following signs which are hereby authorized to be erected in compliance with the listed conditions:
(A)
Professional Name Plates. Professional name plates erected flat on walls of building and not exceeding four (4) square feet of display surface area.
(B)
Building Construction Signs. One (1) on-site building construction sign on each construction site in any zoning district, provided that maximum display surface area shall be 8 square feet or less in R zoning districts: 32 square feet or less in other zoning districts.
(C)
Real Estate Signs. On a lot in any district, there may be erected one (1) on-site unanimated real estate sign while the lot is for sale. Provided further, such signs shall be limited to wall signs, freestanding signs or platform signs; and freestanding signs or platform signs shall be set back a minimum of 10 feet from the street. Real estate signs shall be removed within seventy-two (72) hours following the closing (sale) of the property on which it is located. The permitted illumination and maximum display surface area for a real estate sign shall be as follows:
(D)
Home Occupation Signs. Home occupation signs erected flat against the wall and not exceeding 3 square feet.
(E)
Memorial Signs, Name Signs. Memorial signs or tables, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.
(F)
Traffic Signs, Etc. Traffic or other municipal signs, legal notices, railroad crossing signs, danger, and such temporary, emergency or nonadvertising signs as may be approved by the City Council.
(G)
Posting Bills, Repainting Signs. Posting of bills on signs, repainting of signs, or the changing of letters or numbers on signs designed for changeable lettering or numbering which were legally erected and maintained for such purposes.
(H)
Non-Commercial Signs. Non-commercial signs are permitted to be placed on private property by the land owner or lawful tenant in any zoned district subject to the following conditions:
(1)
Districts Where Most Signs Are Not Permitted. In districts where most signs are not permitted (primarily residential districts), one (1) non-commercial sign may be erected subject to the limitations stated in §174.03 (C) for real estate signs.
(2)
Districts Where Signs Are Permitted. In districts where signs are otherwise permitted, non-commercial signs may be placed over or substituted for the permitted commercial sign.
(3)
All Districts. In addition to the non-commercial sign allowed above, sixty (60) days prior to any general, primary, runoff or special election, a property owner may display additional non-illuminated, temporary non-commercial signs of the same size allowed for real estate signs allowed in §174.03 (C). All such signs (not authorized for further display by an upcoming election such as a run-off) must be removed by the property owner within three (3) days of the election which authorized the signs' installation.
(I)
Time and Temperature Displays. Time and temperature displays without advertising matter, may change their illuminated time and temperature displays as often as reasonably necessary to provide accurate and convenient information to observers without being considered to be in violation of §174.08 B. Fluctuating Illumination.
(J)
Banners. Public event, special sales event and non-commercial banners (not to exceed 3 feet by 30 feet) and large non-commercial signs (not to exceed 32 square feet) may be temporarily installed under the following terms and conditions:
(1)
Non-Commercial Banners and Large Signs.
(a)
Residential Zones Including Neighborhood Conservation, Residential Office, Residential Agriculture and RPZD. In addition to the non-commercial sign allowed in subsection (H), the owner of a residentially zoned parcel may install one (1) large temporary non-commercial sign of up to 32 square feet no more than sixty (60) days prior to (and to be removed within three (3) days following) an election.
(b)
All Other Zones. The owner of a parcel may install one (1) large temporary non-commercial sign of up to 32 square feet no more than sixty (60) days prior to (and to be removed within three (3) days following) an election. If the parcel has more than 100 feet of frontage on a street, the owner may install one (1) large temporary non-commercial sign per hundred feet of frontage. No more than once a year, an owner may substitute and install a non-commercial banner for an allowed special sales event banner no more than two (2) weeks prior to (and to be removed within three (3) days following) the election.
(2)
Special Sales Event Banner. In Commercial, Downtown Core, Downtown General, Main Street Central, and C-PZD zones, a commercial retail business may advertise a special sales event by installing a special sales event banner on its property at least 40 feet from the street right of way and no higher than 30 feet above street level for a total display time of no more than ten (10) days, no more than one (1) time a year.
(3)
Public Event Banners. Nonprofit organizations and government entities may install public event banners under the following conditions:
(a)
In order to notify or invite the public to attend a public festival or event sponsored by the nonprofit organization or government entity, this organization may install a public event banner (that may not contain advertising or commercial logos) on its property at least 20 feet from the street right of way or on the building's facade and no more than 30 feet above the street for a total display time of no more than fourteen (14) days six (6) times a year.
(b)
In order to notify or invite the public to attend a public festival or event within the Downtown Master Plan area or the University of Arkansas campus sponsored by the nonprofit organization or government entity, that organization may pay the costs of the CITY to install one (1), two (2), or three (3) cross street public event banners (with no advertising or commercial logos) at one or more city authorized sites {intersections of Dickson and Block, and Dickson and Arkansas, and on Block between Dickson and Meadow} for no more than fourteen (14) days once a year. When more than one nonprofit organization or government entity would qualify and timely requests to pay for the installation of cross street banners during the same period, the number of cross street banners for each organization may be reduced to one (1) and/or the length of display may be shortened to one (1) week so that each qualified applicant is treated equally.
(K)
Signs Located in Buildings. Any sign located within a building that is not visible to the public outside said building is exempt from all regulations in this chapter.
(L)
Signs on Windows. Signs painted, affixed to or clearly visible through windows and doors are exempt from the permit requirement. However, such signs are considered wall signs and must conform to all requirements and limitations for wall signs pursuant to §174.12, Wall signs.
(M)
Directional Identification and Informational Signs. Directional, identification, and informational signs; provided such signs shall be limited to wall and freestanding signs with a maximum of 4 square feet of display surface area. Notwithstanding the restrictions on the location and number of freestanding signs prescribed by §174.10, one (1) freestanding sign not exceeding 4 square feet in display surface area shall be permitted at each entrance or exit on a lot or parcel to identify such entrance or exit and to encourage the use of motor vehicle seatbelts, subject to the following restrictions.
(1)
Traffic Hazard. No such sign shall be erected which would create a traffic hazard.
(2)
Seat Belt Sign. Any words or symbols encouraging the use of seatbelts shall face the interior of the lot or parcel on which the sign is located and shall not face the street.
(3)
Advertising. No advertising or commercial logos may be incorporated into the sign.
(N)
Collection Boxes. Collection boxes for charitable or nonprofit organizations containing no commercial advertising and located on private property in any commercial or industrial zoning districts.
(O)
Subdivision Signs. In any district, one temporary subdivision identification sign indirectly illuminated, not to exceed 50 square feet in area per surface may be erected at any principal entrance to a subdivision, provided that in no event shall such sign remain for more than six (6) months within 50 feet of a dwelling in a R district occupied as a dwelling.
(P)
Freestanding Bulletin Board. A church or other religious institution and a school serving primary and/or secondary education Fayetteville students may install one (1) freestanding bulletin board (not an electronic message board) on its campus to communicate non-commercial information and events at such church or school. The bulletin board may be 10 square feet and must be set back a minimum of 15 feet from the street right-of-way. The school or church may enlarge the bulletin board up to maximum of 24 square feet by moving it back from street right-of-way 1 additional foot for each 2 square feet of display surface area in excess of the normal 10 square feet allowed. This bulletin board sign shall be in addition to any other signs authorized in this chapter.
(Q)
Fuel Price Informational Signs. In any district, signs advertising the price of motor vehicle fuel sold from a fuel pump located on the premises shall be permitted, subject to the following conditions:
(1)
Price. Only one (1) fuel price informational sign shall be permitted per fuel pump.
(2)
Size. Fuel price informational signs shall be limited in size to an area of 216 square inches.
(3)
Stationary. Each fuel price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary.
(4)
Other Locations. Nothing herein shall be construed as to prohibit the advertisement of fuel prices on any other sign meeting the requirements of this chapter.
(5)
Sign Faces. Only one (1) two (2) faced, or two (2) one (1) faced, self-service/full service signs not exceeding four (4) square feet in display surface area shall be permitted at each pump island.
(R)
Fences and Scoreboards in City Parks. Signs may be permitted on baseball/softball fences and scoreboards in city parks as provided for in §97.088(B).
(S)
Pedicabs. Pedicabs not operating on city trails may be allowed one advertising sign placed upon the rear of the pedicab and extending no higher than the stock body of the pedicab. The sign shall not be illuminated and shall not exceed 6 square feet (2 feet × 3 feet). Prior to displaying this sign publicly, such sign as attached to the pedicab must be presented to the Zoning and Development Administrator for permitting and, if the sign is in full compliance with this subsection, approval.
(Code 1965, §17B-6; Ord. No. 1893, 12-19-72; Ord. No. 3294, 9-15-87; Ord. No. 3307, 10-20-87; Ord. No. 3313, 11-17-87; Code 1991, §158.08; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4972, 1-16-07; Ord. No. 5174, 9-2-08; Ord. No. 5398, 4-19-11; Ord. 5437, No. 9-6-11; Ord. No. 5901, §§2—7, 9-6-16; Ord. No. 6793, § 6, 9-17-24)
For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner, without organized relationship to elements, or where there is a reasonable doubt as to the relationship of elements, each element shall be considered to be a single sign.
(Ord. No. 5901, §8, 9-6-16)
Editor's note— Ord. No. 5901, §8, adopted Sept. 6, 2016, repealed §174.04 and added a new section as set out herein. The former §174.04 pertained to sign identification and derived from §17B-6 of the 1965 Code; Ord. No. 1893, adopted Dec. 19, 1972; Ord. No. 3294, adopted Sept. 15, 1997; Ord. No. 3307, adopted Oct. 20, 1987; Ord. No. 3313, adopted Nov. 17, 1987; §158.08 of the 1991 Code; Ord. No. 4100, §2 (Ex. A), adopted June 16, 1998; and Ord. No. 4972, adopted Jan. 16, 2007.
In the event a business ceases operation for a period of time in excess of sixty (60) days, the sign permit holder or the property owner shall immediately remove any sign identifying or advertising said business or any product sold thereby and any non-conforming sign supporting structure. A conforming sign supporting structure need not be removed unless a determination is made by the Zoning and Development Administrator that the unoccupied sign structure is a traffic hazard or a substantial detriment to nearby businesses or residents such that the structure's removal is necessary to end a public nuisance.
(Code 1965, §17B-4A; Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298; 10-6-87; Code 1991, §158.35; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4972, 1-16-07)
Anywhere a commercial sign is permitted by this code, a noncommercial sign may be placed on or substituted for such sign.
(Code 1965, §17B-5; Ord. No. 1893, 12-19-72; Ord. No. 2109, 6-3-75; Ord. No. 2255, 7-20-76; Code 1991, §158.07; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4972, 1-16-07)
(A)
No signs other than signs installed, placed, owned, required or controlled by the City of Fayetteville, Washington County, the State of Arkansas and the United States of America or their agencies or subdivisions shall be erected on any public property or right-of-way except under circumstance set forth in (B) because the property owner has no available frontage property where a freestanding sign could be installed.
(B)
If a property owner's building abuts a sidewalk within city right-of-way or on city property so that there is no space outside city right-of-way for the placement of a normal freestanding sign, then the property owner may place one (1) freestanding "A" frame sandwich board on the property as permitted in §174.08 (C). A non-commercial sign of identical size, shape and under the same limitations may be substituted for the "A" frame sign pursuant to §173.03 (H).
(Ord. No. 5901, §9, 9-6-16)
Editor's note— Ord. No. 5901, §9, adopted Sept. 6, 2016, repealed §174.07 and added a new section as set out herein. The former §174.07 pertained to placing signs on public property and derived from §17B-7(c) of the 1965 Code; Ord. No. 1893, adopted Dec. 19, 1972; Ord. No. 2934, adopted Aug. 2, 1983; Ord. No. 2948, adopted Sept. 20, 1983; Ord. No. 3298, adopted Oct. 6, 1987; §159.37 of the 1991 Code; Ord. No. 3677, §1, adopted March 2, 1993; Ord. No. 4100, §2 (Ex. A), adopted June 16, 1998; Ord. No. 4622, adopted Sept. 21, 2004; Ord. No. 4972, adopted Jan. 16, 2007; and Ord. No. 5777, adopted June 2, 2015.
(A)
Spot Lights and Beacons. It shall be unlawful for any person to continue in operation or erect any attraction device or sign which contains a beacon of any type and/or contains a spot light providing direct illumination to the public.
(B)
Fluctuating Illumination. It shall be unlawful for any person to erect additional attraction devices or signs or to continue in operation an attraction device or sign which flashes, blinks, or is animated. Illumination of attraction devices or signs located in the city that fluctuates in light intensity shall be prohibited.
(1)
Electronic Message Boards. Electronic message boards may be permitted subject to the following conditions:
(a)
District Limitations. Electronic message boards are prohibited in all residential districts, including Neighborhood Conservation. They are allowed only in institutional, office, industrial and commercial zoning districts, or mixed use districts with nonresidential uses, but in no case ever allowed in the Neighborhood Services or I-540 Districts.
(b)
Size. The maximum sign area of the electronic portion of an electronic message board shall not exceed 32 square feet.
(c)
Display. Messages shall be displayed on a black or unlit background.
(d)
Dimming and Brightness. Signs shall be equipped with dimming technology that automatically adjusts the display brightness based on ambient light conditions. The sign shall not exceed 0.3 foot candles illumination above ambient light level.
(e)
Copy. Electronic message boards using flashing, intermittent or moving light or lights are prohibited. There shall be no appearance of visual dissolving, fading, movement, animated text, video, or flow of message.
(i)
Electronic message boards may change their message every three (3) hours without violating the prohibition of flashing or blinking. Transitions between messages shall be instantaneous.
(2)
Electronic Graphic Display Screens. It shall be unlawful to erect any electronic graphic display screen.
(C)
Portable Swinger or Temporary Attraction Sign Boards. It shall be unlawful for any person to continue to display or erect any portable swinger, portable message board, "A" frame, sandwich, or temporary attraction sign board in the city, except under the following conditions:
(1)
One (1) freestanding, "A" frame sandwich/menu board may be permitted on a commercially zoned lot or on the adjacent public or private sidewalk in front of the respective business for the duration of the business' hours of operation. The temporary sign shall be removed and placed inside after business hours.
(2)
The sign shall be placed such that the sidewalk remains ADA compliant, and for signs located on the public sidewalk there shall be a minimum of 5 feet of the total sidewalk width free and clear, to provide adequate and unobstructed pedestrian movement.
(3)
The permitted sign shall only advertise for the adjacent establishment. The sign may not be utilized for product placement or to advertise for other commercial or business establishments.
(4)
The size of the sign shall be limited to 36 inches tall by 24 inches wide.
(5)
No sign may be displayed or erected that swings, rotates, flashes, fluctuates, or is illuminated, or in any other manner that would violate the provisions of §174.08.
(D)
Revolving, Rotating, or Moving Signs. It shall be unlawful for any person to erect or to continue using any sign on the exterior of which revolves, rotates or otherwise moves, in whole or part.
(E)
Windblown Signs. It shall be unlawful for any person to display any windblown sign; provided, windblown signs may be displayed on a lot, at a shopping center, or at a mall one (1)time per year for a period not to exceed seventy-two (72) hours if a temporary sign permit is first obtained from the Planning Division upon payment of the appropriate fee; provided further, one (1) company flag shall be permitted to be flown in conjunction with the United States Flag or Arkansas Flag or both on a lot, at a shopping center, or mall.
(F)
Signs that Constitute a Traffic Hazard. No sign or other advertising structure as regulated by this chapter shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; or at any location where, by reason of the wording, position, shape, or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device.
(G)
Use of Vehicle as Sign. It shall be unlawful to use a vehicle or a trailer as a sign in circumvention of this chapter.
(H)
Off-Site Signs. It shall be unlawful to erect any off-site sign.
(I)
Roof Signs. Roof signs shall not be permitted.
(J)
Placing signs on Private Property. No signs shall be placed on any private property without the consent of the owner thereof.
(K)
Placing Signs on Trees. No signs shall be placed or painted on any tree within the city's right-of-way or property.
(L)
Placing Signs on Utility Poles. No signs shall be placed on any utility pole except for utility identification or similar purposes.
(M)
I-540 Overlay District. It shall be unlawful to erect any pole sign within the I-540 Overlay District. The only permitted free standing sign in the I-540 Overlay District shall be monument signs.
(Code 1965, §17B-7(b), (e)—(k); 17B-8; Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298, 10-6-87; Code 1991, §158.38, 158.36, 158-39-158.46; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4972, 1-16-07; Ord. No. 5166, 8-19-08; Ord. No. 5526, 9-18-12; Ord. No. 5559, 01-03-13; Ord. No. 5692, 6-03-14)
Illumination is restricted to incandescent lights bulbs rated at one hundred fifty (150) watts or less or other type of light emitting source's equivalent lumen output not to exceed two thousand seven hundred (2,700) lumens.
(Code 1965, §17B-7(d); Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298, 10-6-87; Code 1991, §158.38; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4972, 1-16-07; Ord. No. 5526, 9-18-12; Ord. No. 5951, §2, 2-7-17)
On-Site Freestanding signs shall be permitted to be erected in the city subject to the following:
Only one (1) freestanding sign shall be permitted on a lot, except where otherwise described herein. It shall be unlawful to erect any off-site freestanding sign or any freestanding sign that does not meet the sign type, size, display surface area, setback, height, or illumination as described herein.
(A)
Pole Signs. The following regulations pertain to signs identified as "pole signs." It shall be unlawful to erect any pole sign which total height is greater than 17.5 feet, unless further limited herein, above the level of the street upon which the sign faces; provided the pole supported sign may be increased in height ½ foot for every foot of additional setback beyond the required 15 feet from the right-of-way with a maximum height of 30 feet. On-site pole signs shall be permitted to be erected in the city subject to the following:
(1)
R-A District.
(a)
Number of Signs. Only one (1) pole sign shall be permitted at an agricultural or permitted business located on one (1) or more adjoining lots.
(b)
Display Surface Area. The maximum display surface area shall not exceed 16 square feet.
(c)
Illumination. Sign may be illuminated by indirect illumination only.
(d)
Setback from Right-of-Way. Sign shall be setback 35 feet from street right-of-way and 25 feet from any R or R-O District.
(2)
RSF, RI, and CCR Districts. Except pursuant to §174.03, pole signs shall be prohibited and no pole signs shall be erected in RSF, RI, and CCR Districts of the city.
(3)
RMF, R-O, NC, NS, and UN Districts.
(a)
Number of Signs. Only one (1) on-site freestanding sign shall be permitted on a lot or at a business operating on two (2) or more adjoining lots.
(b)
Display Surface Area. The maximum display surface area shall not exceed 4 square feet;
(c)
Setback from Right-of-Way. The sign shall be setback a minimum of 15 feet from street right-of-way.
(d)
Setback from Adjoining Property. The sign shall be setback a minimum of 25 feet from the boundary of any RSF District and 15 feet from all other zoning districts.
(e)
Height. The height of the sign shall not be greater than six (6) feet above the level of the street upon which the sign faces.
(f)
Illumination. The sign shall be illuminated by indirect illumination only.
(4)
C, I, DG, MSC, DC, CS, P-1, UC, and UT Districts.
(a)
Number of signs. Only one (1) pole sign shall be permitted on a lot, at a shopping center, or at a mall; provided only one (1) on-site pole sign shall be permitted for any business operating on two (2) or more adjoining lots.
(b)
Display Surface Area and Setback from Right-of-Way. The display surface area shall not exceed 10 square feet and shall be setback 15 feet or more from the right-of-way; provided, the display surface area may be increased 2 square feet for each 1 foot of additional setback from the right-of-way beyond 15 feet; provided further, the maximum display surface area for a sign which is setback from the street right-of-way 40 feet or more shall be 75 square feet.
(c)
Setback from Adjoining Property. Setback shall be a minimum of 25 feet from the boundary of any adjoining property.
(B)
Monument Sign. The following regulations pertain to signs identified as "monument signs," which are freestanding signs whose entire base is in contact with and supported by the ground.
(1)
Number of Signs. Where a monument sign is permitted, only one (1) sign shall be erected on a lot or at a business operating on two (2) or more adjoining lots.
(2)
Display Surface Area.
(a)
RSF and RT Districts. Prohibited on individual lots.
(b)
NC District. Where a conditional use permit has been approved for a nonresidential use within the Neighborhood Conservation zoning district the display surface area of the monument sign shall not exceed 10 square feet.
(c)
NS, RMF, UN, and CCR Districts. The display surface area shall not exceed 16 square feet.
(d)
R-A District. The display surface area shall not exceed 32 square feet.
(e)
R-O Districts. The display surface area shall not exceed 50 square feet.
(f)
C, I, DG, MSC, DC, CS, P-1, UC, and UT Districts. The display surface area shall not exceed 75 square feet.
(3)
Setback from right-of-way. The sign shall be setback a minimum of 10 feet from the right-of-way.
(4)
Setback from Adjoining Property Lines. The sign shall be setback a minimum of 25 feet from the boundary of any RSF district and 15 feet from all other zoning districts.
(5)
Height. The maximum height of a sign shall be 6 feet from the surrounding grade.
(C)
Joint Identification Sign. The following regulations pertain to signs identified as joint identification signs:
Joint identification signs must provide area for the display of a minimum of two (2) person(s) or business(s) and may be located at no more than two (2) remote entrance locations, as approved by the Planning Division. The permit applicant shall provide a recorded legal document as approved by the Planning Division indicating ownership and responsibility for maintenance of sign and subject to the following:
(1)
R-A, RSF, RI, RMF, P, NC, NS, UN, and CCR Districts. Prohibited.
(2)
R-O District. Monument joint identification sign permitted only.
(a)
Display Surface Area. Display surface area shall not exceed 50 square feet.
(b)
Setback from Right-of-Way. Signs shall be setback a minimum of 10 feet from the right-of-way.
(c)
Setback from Adjoining Property. Setback shall be a minimum of 10 feet from adjoining non-residential property and 25 feet from adjoining residential property.
(d)
Height. The maximum height of a sign shall be six (6) feet from the surrounding grade.
(3)
C, I, DG, MSC, DC, CS, UC, and UT Districts.
(a)
Monument. The following regulations apply to a monument joint identification sign, whose entire base is in contact with and supported by the ground:
(i)
Multi-tenant Building Containing 37,500 Square Feet or Less of Leasable Tenant Space:
a.
Display Surface Area and Setback from Right-of-Way. Display surface area shall not exceed 75 square feet and the sign shall be setback 10 feet or more from the right-of-way.
b
Height. The maximum height of a sign shall be six (6) feet above the level of the surrounding grade.
(ii)
Multi-Tenant Building Containing More Than 37,500 Square Feet:
a.
Display Surface Area. Display surface area shall not exceed 75 square feet; provided the display surface area of a joint identification signs may be increased one additional square foot per 500 square feet of gross leaseable building area over 37,500 square feet, as approved by the Planning Division. Total display surface area shall not exceed 300 square feet.
b.
Height and Setback from Right-of-Way. The maximum height of the sign shall be 6 feet above the level of the surrounding grade when setback 10 feet or more from the right-of-way; provided, the maximum height of the sign may increase to 10 feet above the surrounding grade when setback 20 feet or more from the right-of-way.
c.
Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the boundary of any adjoining property.
(b)
Pole. The following regulations apply to pole-mounted joint identification signs:
(i)
Display Surface Area and setback from Right-of-Way. The display surface area shall not exceed 10 square feet and shall be setback 15 feet or more from the right-of-way; provided, the display surface area may be increased 2 square feet for each 1 foot of additional setback from the right-of-way beyond 15 feet; provided further, the maximum display surface area for a sign which is setback from the street right-of-way 40 feet or more shall be 75 square feet.
a.
Exception. Display surface area shall not exceed 75 square feet, provided the display surface area of joint identification signs may be increased one additional square foot per 500 square feet of gross leaseable building area over 37,500 square feet, as approved by the Planning Division. Total display surface area shall not exceed 300 square feet.
(ii)
Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the boundary of any adjoining property.
(iii)
Height. The height of a sign shall be a maximum of 17.5 feet, provided the pole-mounted sign may be increased in height ½ foot for every foot of additional setback beyond the required 15 feet from the right-of-way with a maximum height of 30 feet.
(D)
Area signs. The location of the fence, wall, or other structure which will contain the area identification sign must be approved by the Planning Division, which will approve such structure upon the criterion of traffic safety sight lines. Area signs shall not be located within the Master Street Plan right-of-way.
(1)
R-A, RSF, RI, RMF, NC, NS, R-O, UN, and CCR Districts.
(a)
Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with more than one (1) entrance may not have a sign at more than two (2) locations.
(b)
Display Surface Area. An area sign with display on one (1) side located on each side of an entrance street may be substituted for a single sign with display on both sides. The display surface area shall not exceed 32 square feet.
(2)
C, I, DG, MSC, DC, CS, P-1, UC, and UT Districts.
(a)
Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with more than one (1) entrance may not have a sign at more than two (2) locations.
(b)
Display Surface Area. An area sign with display on one (1) side located on each side of an entrance street may be substituted for a single sign with display on both sides. The display surface area shall not exceed 75 square feet.
(E)
Bulletin Boards. The following regulations pertain to signs identified as "bulletin boards," which are erected for the purposes of announcing events which are held on the premises:
(1)
RSF, RI, NC, and CCR Districts. Where a conditional use permit has been approved for a charitable, educational, or religious institution or a public body within these districts, the following limitations shall apply:
(a)
Number of Signs. Only one (1) on-site bulletin board shall be permitted on a lot or for a use operating on two (2) or more adjoining lots.
(b)
Display Surface Area. Monument sign only, with a display surface area not to exceed 16 square feet.
(c)
Setback from Right-of-Way. The bulletin board shall be setback a minimum of 10 feet from the street right-of-way.
(d)
Setback from Adjoining Properties. The sign shall be setback a minimum of 25 feet from the boundary of any RSF district and 15 feet from all other zoning districts.
(e)
Height.The height of the bulletin board shall not be greater than 6 feet above the level of the street upon which the sign faces.
(f)
llumination. Electronic message boards shall be prohibited.
(Code 1965, §17B-9; Ord. No. 1893, 12-19-72; Ord. No. 3008, 5-1-84; Ord. No. 3029, 8-21-84; Ord. No. 3294, 9-15-87; Code 1991, §158.47; Ord. No. 4100, §2 (Ex. A), 6-16-98); Ord. No. 4226, 2-15-00; Ord. No. 4972, 1-16-07; Ord. No. 5088, 12-04-07; Ord. No. 5375, No. 12-21-10; Ord. No. 5901, §10, 9-6-16; Ord. No. 6793, § 7, 9-17-24; Ord. No. 6830, §5, 1-7-25; Ord. No. 6884, §§5—9, 6-17-25)
(A)
Sidewalks. It shall be unlawful to erect any projecting sign that projects from the wall of a building upon which it is erected a distance of more than two-thirds (⅔) of the width of the sidewalk (in those instances where there is a sidewalk next to the building) or within 2 feet of street right-of-way (in those instances where there is no sidewalk next to the building); provided, no projecting sign shall project more than 6 feet from the wall of the building upon which it is erected.
(B)
Location. Projecting signs shall be located on the vertical surface of a building and shall not be higher than the eave or rafter line, whichever is higher. Projecting signs shall clear the sidewalk grade level below the sign by a minimum of 8 feet.
(C)
Display Surface Area. The display surface area of a projecting sign shall not exceed 16 square feet. Only one (1) projecting sign per business shall be permitted and a projecting sign shall not be permitted on property which has a freestanding sign.
(D)
Off-Site. Off-site projecting signs shall be prohibited in all zoning districts.
(E)
On-site projecting signs shall be prohibited in the R-A, RSF, and RT zoning districts.
(Code 1965, §17B-10; Ord. No. 1893, 12-19-72; Ord. No. 2255, 7-20-76; Code 1991, §158.48; Ord. No. 4100, §2 (Ex. A.), 6-16-98; Ord. No. 4972, 1-16-07; Ord. No. 5375, 12-21-10)
Wall signs shall not project more than 18 inches from the surface upon which they are mounted. The upper edge of a wall sign mounted on a mansard roof may project more than 18 inches so long as the sign is perpendicular to the ground. The allowable display surface area of a wall sign is determined by the wall on which it is located.
(A)
NC, RSF, RI and CCR Districts. Where a conditional use permit has been approved for a nonresidential use within these zoning districts, the following limitations shall apply:
(1)
Number of Signs. Limit of one (1) on-site wall sign per business per building; provided, when a building abuts more than one street, the limit shall be one (1) on-site wall sign per business per building for each wall which faces an abutting street. In no case shall a business have more than one wall sign on any one (1) wall.
(2)
Display Surface Area. Display surfaces of each sign shall not exceed 8 square feet.
(3)
Illumination. The color of the sign shall be compatible with the colors of the structure, and only indirect external lighting is permitted.
(4)
Exceptions:
(a)
Home Occupations. Signage for a home occupation in an RSF districts shall be prohibited except where it is required by the applicable licensing board, subject to proof of said requirement.
(B)
RMF Districts.
(1)
Number of Signs. Limit of one (1) on-site wall sign per business per building; provided, when a building abuts more than one (1) street, the limit shall be one (1) on-site wall sign per business per building for each wall which faces an abutting street. In no case shall a business have more than one (1) wall sign on any wall.
(2)
Display Surface Area. Display surfaces of each sign shall not exceed 16 square feet.
(C)
R-A, R-O, NS, and UN Districts.
(1)
Number of signs. Limit of two (2) on-site wall signs per business per building. In no case shall a business have more than one (1) wall sign on any wall.
(2)
Display Surface Area. The display surface area of a sign shall not exceed 16 square feet where the wall adjoins a residential land use, or 50 square feet where the wall adjoins a nonresidential land use, or street right-of-way.
(D)
C, I, DG, MSC, DC, CS, P-1, UC, and UT Districts.
(1)
Number of Signs.
(a)
Single Tenant. Where a building houses only one (1) business, a maximum of four (4) wall signs may be placed on one wall, but no more than four (4) wall signs may be placed on the building.
(b)
Multiple Tenants. Where a building houses more than one business, each business shall be entitled to a maximum of one (1) wall sign per business on each wall of the building, with a maximum of four (4) total wall signs per business per building. In no case shall a business have more than one (1) wall sign on any wall.
(2)
Display Surface Area.
(a)
Single Tenant. The display surface area shall not exceed 20% of the first 1,000 square feet of wall area and 5% of any additional wall area.
(b)
Multiple Tenants. Where a building houses more than one (1) business, the display surface area of each tenant's allowable wall sign(s) shall not exceed 150 square feet. Furthermore, the display surface area for all wall signs on any one wall may not exceed 20% of that total wall area.
(E)
Off-Site Wall Signs. Off-site wall signs shall be prohibited in all zoning districts.
(Code 1965, §17B-11; Ord. No. 1893, 12-19-72; Ord. No. 2309, 2-15-77; Ord. No. 3217, 10-21-86; Ord. No. 3294, 9-15-87; Code 1991, §158.49; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4226, 2-15-00; Ord. No 4500, 7-01-03; Ord. No. 4972, 1-16-07; Ord. No. 5062, 9-18-07; Ord. No. 5375, 12-21-10; Ord. No. 5901, §11, 9-6-16; Ord. No. 6793, § 8, 9-17-24; Ord. No. 6830, §6, 1-7-25; Ord. No. 6884, §10, 6-17-25)
Signage for Planned Zoning Districts (PZD) shall meet the established criteria of this chapter. The signage criteria for each planning area within a PZD shall be assigned at the time of the rezoning request to reflect the most comparable established zoning district(s). The designated signage shall not exceed the signage allowance permitted in the most comparable established zoning district(s), as determined by the Zoning and Development Administrator.
(Ord. No. 5375, 12-21-10)