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• ORDINANCE NO. 16,181 • 178
2
3 AN ORDINANCE AMENDING ARTICLE X, CHAPTER 36 OF
4 LITTLE ROCK, ARK. REV. CODE (1988), PROVIDING
5 FOR A DEFINITION OF ALTERATION AND VEHICULAR
6 SIGNS; TO PROHIBIT VEHICULAR SIGNS; TO
PROHIBIT ALTERATION OF OFF - PREMISE SIGNS; TO
7 REVISE THE MAINTENANCE PROVISION FOR ALL
8 SIGNS; TO ENLARGE THE SCOPE OF AUTHORITY OF
9 THE SIGN CODES ADMINISTRATOR; DECLARING AN
10 EMERGENCY; AND FOR OTHER PURPOSES.
11
WHEREAS, off - premise signs within the urban environment are
12 a distraction and present a danger to motorists, tourists,
13 pedestrians and others who travel, reside, work or otherwise
14 view such signs; and
15 WHEREAS, it is important to protect and enhance the public
16 investment in the creation, maintenance, safety and appearance
of its streets and highways; and
17 WHEREAS, it is essential to the well -being of citizens to
is create a more attractive environment for residents, tourists and
19 business interests within the City; and
20 WHEREAS, it is important to preserve and increase the value
of commercial and residential buildings in the City by creating
21
a more visually harmonious environment; and
22 WHEREAS, the City desires to revitalize various areas of
23 the City in part by reducing the clutter produced by off - premise
24 signs; and
25 WHEREAS, the regulation, reduction or elimination of
26 off - premise signs will reduce sign clutter and thereby aid in
the identification of on -site businesses; and
27 WHEREAS, the regulation, reduction or elimination of
28 off - premise signs will encourage the utilization of land for the
29 primary purpose of construction of on -site businesses,
30 manufacturing or for open space; and
WHEREAS, the regulation, reduction or elimination of
31 off - premise signs will promote the general health, safety and
32 welfare of citizens, tourists, residents and visitors of the
33 City; and
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1 NEUMEAS, under Ark. Code Ann, 4 14-56-423 the City elects 1
to waive the alternative procedures prescribed in Ark. Code Ann.
2
g 14 -56 -422 and act by a majority vote of the Board of
3 Directors.
4 Now, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
5 THE CITY OF LITTLE ROCK, ARKANSAS:
6 SECTION 1. That Little Rock, Ark., Rev. Code (1988) Section
36 -530 entitled 'Definitions' is hereby amended to add a
7 definition of "Alteration" and a definition of °Vehicular signs"
s as follows:
9 Alteration means to replace, exchange, reconstruct,
10 renovate, move, relocate, animate, enlarge or decrease in size.
11 Vehicular sign is any sign displayed on a parked or moving
vehicle, where the primary purpose of the vehicle is to
12 advertise a product or business or to direct people to a
13 business or activity. For purposes of this definition, vehicular
14 signs shall not include business logos, identification, or
15 advertising on vehicles primarily used for other business
16 purposes.
SECTION 2. That Little Rock, Ark. Rev. Code (1988) section
17 36 -543 entitled "Prohibited signs° is hereby amended to delete
18 the language in subparagraph (5) and substitute the following;
19 (5) Vehicular signs.
20 SECTION 3. That Little Rock, Ark., Rev. Code (1988) Section
36 -545 entitled "Permit" is hereby amended as follows:
21 (a) Unless otherwise provided by this chapter, all signs
22 shall require permits and payment of fees as described in this
23 section. No permit is required for the maintenance of a sign or
24 for a change of copy on painted, printed or manual changeable
25 copy signs.
26 (b) The following signs are exempted from permit
requirements but must be in conformance with all other
27 requirements of this chapter:
28 (1) Signs used by churches, synagogues or other
29 civic organizations.
30 (2) Construction signs.
31 (3) Directional /information signs.
(4) Nameplates.
32 (5) Political signs.
33 (6) Public signs or notices, or any sign relating
34 to an emergency.
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(7)
Real estate signs.
(8)
Incidental signs.
2
(9)
Time and temperature signs.
3
4
(c)
Application for a permit for the erection, alteration
5
or relocation
of a sign, when allowed by this chapter, shall be
made to
the administrator upon a form provided by the
6
administrator
and shall include the following information:
7
(1)
The sign owners name, address and telephone number;
8
and (if different) the name of the person in
9
possession of the premises where the sign is located
10
or to be located;
(2)
The name, address and telephone number of the person
11
who will be performing the work requested;
12
(3)
The location and zoning designation of the parcel in
13
which the sign is or will be located;
14
(4)
The type of sign or sign structure as defined in this
15
chapter;.
(5)
specifications and scale drawings showing the
16
materials, design, dimensions, structural supports
17
and electrical components of the proposed sign;
18
(6)
The cost to construct the sign and any alteration
19
expenses;
(7)
Any other information the administrator shall require
20
to ensure compliance with this and all other
21
applicable city ordinances.
22
Accompanying each application for a sign permit shall be a
23
detailed
drawing or drawings, all of which are to be to scale
24
and legible. All existing structures and proposed structures
along with proposed sign locations will be indicated. Building
25
or structure elevation drawings shall be submitted when
26
applications are for building- mounted signs.
27
(d)
Accompanying each application for a sign permit for an
28
existing
sign shall be:
29
(1)
A completed application form stating all necessary
30
facts concerning each sign, signed by the owner
certifying to the facts in the application.
31
(2)
Photographs of the sign.
32
(e)
All applications for permits filed with the
33
administrator
shall be accompanied by a payment of the initial
34
permit
fee for each sign according to the following schedule.
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All signs shall be permitted and tagged for ich a fee shall be
1
paid in accordance with the permit schedule set out below:
2
All off - premise signs ..................... $250.00
3
All on- premise signs as follows:
4
Ground - mounted signs ................. 40.00
5
Projecting ........................... 35.00
Wall signs (including marquee
6
and mansard ) ......................... 30.00
7
Special event ........................ 10.00
8
All on- premise sign alteration fees:
9
Ground - mounted signs:
10
Up to 25 % ........................ $10.00
25% to 50 % ....................... 20.00
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50% to 75 % ....................... 30.00
12
Over 75 % ......................... 40.00
13
Projecting signs:
14
Up to 25 % ........................ 15.00
15
25% to 75 %.. .................. 25.00
Over 75 % ......................... 35.00
16
Wall signs (marquee and mansard signs
17
included):
is
Up to 75 %.... ................. 20.00
19
Over 75 % ........................ 30.00
(f) If a permit is denied, the permit fee will be refunded
20
to the applicant. If any sign is installed or placed on any
21
property prior to receipt of a permit, the specified permit
22
shall be doubled. However, payment of the doubled fee shall not
23
relieve the responsible party of any other requirements or
24
penalties prescribed in this chapter. The city manager or his
designee may accept requests for refunds or unused sign fees
25
when a lease has been terminated or the sign has been destroyed.
26
In the event a lease has been terminated or a sign has been
27
destroyed, the city manager or his designee may refund a portion
28
of the sign permit fee based on the amount of time remaining
29
between the date the lease was terminated or the sign was
30
destroyed and the date the permit expires.
(g) Any person installing, altering or relocating a sign
31
for which a permit has been issued shall notify the
32
administrator upon completion of the work. The administrator may
33
require a final inspection, including an electrical inspection
34
and inspection of footings on freestanding signs. The
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1 administrator may require in writing upon
that he be notified for inspection prior i
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182
issuance of a permit
o the installation of
2 certain signs.
3 (h) Permits for on- premise signs are to be issued for a
4 period of ten (10) years. All sign owners are required to renew
5 their sign permits every ten (10) years prior to January 31 of
6 the tenth year. Any sign not permitted within the month of
January of the tenth year shall be classified as abandoned.
On- premise signs with expired permits are illegal and shall be
8 removed by the sign owner at his expense.
9 (i) Permits for existing off - premise signs are to issued
10 for a period of one (1) year. All off - premise sign owners are
11 required to renew their sign permits for existing signs every
year prior to January 31. The sign owner shall submit to the
12 administrator any changes in the information contained in the
13 original permit. Any sign not permitted by January 31 shall be
14 classified as abandoned. Off - premise signs with expired permits
15 are illegal and shall be removed by the sign owner at his
16 expense.
(j) Off - premise sign permits issued for new signs prior to
17 the effective date of this ordinance are hereby revoked provided
18 the permit holder has not commenced actual construction under
19 the permit resulting in a tangible erection of the sign
20 structure. The permit fee for such signs shall be refunded by
21 the city upon application of the owner.
(k) The issuance of a sign permit shall in no instance be
22 construed as waiving any provision of this chapter. If any
23 person commences work on a sign before obtaining the necessary
24 permit, or if a permit is issued despite the violation of any
25 provision of this chapter, or if the location or specifications
26 of the sign vary from the approved design or location, the
person shall be subject to the penalty prescribed in section 1 -9
27 of this code and the sign shall be removed as an illegal sign as
28 provided in Section 36 -536 of this chapter.
29 (1) In addition, the administrator shall revoke a sign
30 permit for failure of the holder to conform with any of the
31 provisions of this chapter. All rights and privileges acquired
under the provisions of this chapter, or any amendment thereto,
32 are mere licenses revocable at any time.
33 SECTION 4. That Little Rock, Ark., Rev. Code (1988) Section
34 36 -535 entitled "Nonconforming signs" is hereby amended as
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follows:
(a) Existing signs as of January 19, 1982, which do not
2
conform to the specific provisions of the chapter may be
3
eligible for the designation °nonconforming° provided that the
4
sign was covered by a valid city permit or variance and complied
5
with all applicable laws, including state permitting
requirements if applicable, as of January 19, 1982.
6
(b) A nonconforming sign shall lose this designation if the
sign is altered in violation of this chapter. Such signs shall
8
be deemed illegal and removed by the sign owner pursuant to
9
section 36 -536 of this chapter. This provision does not refer to
10
change of copy or normal maintenance.
(c) The nonconforming sign is subject to all requirements
11
of this code regarding safety, maintenance and repair. However,
12
any nonconforming sign that is damaged to the extent that the
13
cost for complete repair exceeds fifty (50) percent of the
14
replacement cost of the sign, such sign shall be removed by the
15
sign owner. Owners of damaged on- premise signs may obtain a new
sign permit if the sign is to be replaced as permitted and
16
regulated by this chapter.
17
(d) Nonconforming signs in existence prior to January 19,
18
1982, shall be allowed to remain subject to the provisions of
19
this chapter.
20
SECTION 5. That Little Rock, Ark., Rev. Code (1988) Section
36 -536 entitled "Violations" is hereby amended as follows:
21
(a) When, in the judgment of the administrator, a violation
22
of this chapter exists, the administrator shall issue a written
23
order to the alleged violator. The order shall specify those
24
sections of this chapter of which the person may be in violation
25
and shall state that the person has ten (10) days from the date
of the order in which to abate the alleged violation or to
26
appeal to the Board of Zoning Adjustment, provided, however that
27
in the case of an alleged violator to whom the administrator has
28
issued such an order within the preceding twelve -month period,
29
the notice shall require the person to abate the alleged
violation within twenty -four (24) hours. If the violator fails
30
to appeal or to correct the violation within the time allowed by
31
this section, the sign shall be deemed illegal and removed by
32
the sign owner.
33
(b) If upon inspection, the administrator finds that a sign
34
is abandoned or structurally, materially, or electrically
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1 defective, or in any way endangers the public, or is not
maintained in accordance with section 36 -546, such signs shall
2
be deemed illegal and the administrator shall issue a written
3 order to the owner of the sign and /or the occupant of the
4 premises stating the nature of the violation and requiring the
5 sign to be repaired in conformance with this chapter or removed
6 within ten (10) days of the date of the order.
7 (c) Illegal signs are public nuisances. In the event of a
failure to comply with the order of the administrator, the city
8 may institute legal proceedings pursuant to section 1 -9 of the
9 code, including without limitation, an action to abate the sign
10 as a nuisance. Costs incurred by the city shall be charged to
11 the owner of the sign and /or the owner of the property on which
the sign is located. The costs may constitute a lien upon the
12 property and may be collected by any appropriate lawful means.
13 SECTION 6. That Little Rock, Ark., Rev. Code (1988) section
14 36 -556 (e) is hereby deleted in its entirety and the following
15 language shall be inserted to read as follows:
16 Sec. 36 -556. Off - premise signs.
(a) All off - premise signs are hereby declared to be
17 nonconforming and subject to the provisions of this chapter.
18 (b) All off - premises signs located on or within 660 feet of
19 the nearest edge of the right -of -way of the designated scenic
20 corridors shall be removed by the owner not later than four (4)
21 years from the effective date of this ordinance (as used herein
°the removal date').
22 (c) I -430, I -630, I -440, Highway 10 and Rebsamen Park Road
23 are designated as scenic corridors for purposes of this
24 ordinance.
25 (d) No off - premise sign shall be required to be removed so
26 long as the removal will violate any longer period of
amortization, payment of compensation or other requirement of
27 any applicable constitutional, statutory, regulatory, or other
28 governing federal or state law (as used herein 'a requirement of
29 applicable law') including without limitation, the Arkansas
30 Highway Beautification Act.
All off - premise signs on the scenic corridors shall be
31
removed on the first day following the removal date on which the
32 removal would not violate any requirement of applicable law, or
33 an earlier date on which the city shall tender just compensation
34 or otherwise comply with the requirement of applicable law.
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1 (e) Funds deposited pursuant to Resolution No. 6,973 shall
2 be used to pay just compensation and related expenses for the
3 removal of any off - premise signs if required by applicable law.
(f) Owners of off - premise signs on land annexed to the city
4 after April 5, 1983, shall obtain an off - premise sign permit
5 from the city prior to January 31st of the year following the
6 date of annexation.
7 (g) Existing off - premise signs shall not be altered.
8 Alteration permits for off - premise signs issued prior to the
adoption of this ordinance are hereby revoked and the permit fee
9 shall be refunded by the city upon application by the owner,
10 provided the permit holder has not commenced actual construction
11 under the permit resulting in a tangible change in the sign
12 structure.
SECTION 7. Protection of First Amendment Rights. Any sign,
13 display or device allowed under this chapter may contain, in
14 lieu of any other copy, any otherwise lawful noncommercial
15 message that does not direct attention to a business operated
16 for profit or to a commodity or service for sale and that
17 complies with all other requirements of this chapter.
SECTION 8. Separability and Conflict.
18 a. Separability. This ordinance and its various parts are
19 hereby_ declared to be severable. If any section, clause,
20 provision or portion of this ordinance is declared invalid or
21 unconstitutional by a Court of competent jurisdiction, such
22 decision shall not affect the validity of this ordinance as a
whole. All parts not declared invalid or unconstitutional shall
23 remain in full force and effect.
24 b. Conflict. If any part of this ordinance is found to be
25 in conflict with any other ordinance or any other part of this
26 ordinance, the most restrictive or highest standard shall
27 prevail. If any part of this ordinance is explicitly prohibited
by federal or state statute, it shall not be enforced.
28 SECTION 9. Emergency Clause. The provisions of this
29 ordinance amending sign regulations are deemed to clarify
30 existing provisions and to broaden the scope of authority of the
31 sign administrator. The erection and alteration of signs in
violation of this chapter are activities deemed to be
32
detrimental to the health, safety and welfare of the citizens of
33 the City. Therefore, an emergency is declared to exist, and this
34 ordinance shall be in full force and effect from and after its
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passage in order to provide sign owners and city administrative 1 $ 6
personnel clear and immediate guidelines as to the scope and
applicability of these provisions.
PASSED: February 18, 1992
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i
. • � � • sir �,� •
. •D
MAYOR
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