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HomeMy WebLinkAbout12970ORDINANCE NO. 12,970 AN ORDINANCE CREATING CHAPTER 44 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR THE REGULATION OF SIGNS, AND FOR OTHER PURPOSES BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. Chapter 44 of the Code of Ordinances of the City of Little Rock, Arkansas is hereby created and shall read as follows: F- CHAPTER 44 SIGN REGULATION FOR THE CITY OF LITTLE ROCK, ARKANSAS M ARTICLE I GENERAL DESCRIPTION M Section 44 -1 Purpose and Intent ,n Section 44 -2 Scope Ln Section 44 -3 Definitions M rl r-I a ARTICLE II SIGN STANDARDS •- v 0 Section 44 -4 On Premise Sign Standards 01) La cv sn Section 44 -5 Off Premise Sign Standards ,-qra -W g b Section 44 -6 Other Sign Standards O � Section 44 -7 Temporary Sign Standards >1 Ln AN Section 44 -8 Prohibited Sign Standards ro �r vr-q 'o ARTICLE III ADMINISTRATION AND ENFORCEMENT N ro p Section 44 -9 Implementation Section 44 -10 Sign Board of Review Section 44 -11 Nonconforming Signs Section 44 -12 Violations Section 44 -13 Conformance Section 44 -14 Validity /Severability ARTICLE I - GENERAL DESCRIPTION Section 44 -1. Purpose and Intent. It is the purpose of this ordinance to establish effective sign regulation which recognizes the public as well as private interest and investment in our environment, and which regulates the number, size, and location of signs; F- relates signs to the individual use, site, and structure; prohibits unsafe and undesirable signs; requires proper maintenance of signs; causes removal of abandoned and nonconforming signs; and promotes and protects the health, safety, welfare, convenience, and enjoyment of the City of Little Rock for its residents and visitors. It is the intent of this ordinance to promote more effective sign- ing practices which will be compatible with their surroundings and appropriate to the type of activity to which they pertain; to encourage greater consideration of influencing factors, and thoughtful design of signs; to promote economic and business development; to protect property values; to reduce distractions and obstructions that may contribute to traffic accidents; and to enhance and protect the physical appearance and natural beauty of the City of Little Rock. Section 44 -2. Scope. This ordinance applies to all signs in the City of Little Rock except traffic control signs erected by governmental agencies. Other signs erected by local, state and federal governmental agencies are subject to the provisions of this ordinance as are all other signs. All signs which are located either on or to the exterior of a building or are otherwise intended to be visible from the exterior of a building are to be regulated by the provisions of this ordinance. This ordinance does not regulate in any manner the written or depicted copy on any sign, but only the height, area, location and other similar aspects of signs and sign structures. Nor does this ordinance regulate in any manner pure graphic material as herein defined; non - commercial holiday signs and decorations; signs on products, product containers, or product dispensers; public informational and safety signs; or signs required by local, state, or federal law. Section 44 -3. Definitions. The following are definitions of terms as they are used in this ordinance. Any term not contained within this list shall be construed to be used in this ordinance as defined in the latest edition of Webster's Unabridged Dictionary. (1) Abandoned Sign. Any sign which does not have a sign permit or is not properly tagged as required by this ordinance; or which has not been maintained as required by this ordinance or for which no owner can be found. 2. (2) Amortization Period. That period of time allowed for noncon- forming on premise signs to be removed or brought into con- formity with this ordinance. (3) Animated Sign. Any sign which incorporates in any manner visible mechanical movement, or apparent movement achieved by electrical pulsations or by other means, such as sequential light phasing. (4) Building Mounted Sign. Any sign which uses a building or structure other than, or in addition to, its own for support. (5) Commercial Land Use Classification. Those uses of land for the sales of a service or product. Commercial uses include but are not limited to the following: Parking Lot Auto Dealer Restaurant Clothing Store Theatre Liquor Store Service Station Drug Store Book Store Bowling Alley Furniture Store Grocery Store Florist Cleaning and Laundry Pickup Hotel /Motel Banks - Savings and Loan (6) Conditional Use Permit. A permit that may be issued by the Sign Board of Review granting special permission for an applicant to deviate from the provisions of this ordinance. (7) Construction Sign. A temporary sign at a construction site advertising construction work in progress. (8) Delivery Sign. A wall mounted sign identifying entry or delivery points to other than residential uses. (9) Facade Area. The area of a single building elevation which encompasses all of such elevation from ground or grade level to the top, and from one side to the other side of the building. (10) Footlambert. The average brightness of any surface, or the uniform brightness of a perfectly diffusing surface, emitting or reflecting one lumen per square foot. Footlamberts are measured with an exposure meter equipped with a footlambert scale. MP (11) Graphics. Pure pictorial material which has no commercial message or informational value. (12) Ground Mounted Sign. Any sign which uses no building or structure other than, or in addition to, its own for support. (13) Illumination, Indirect. Illumination in which the light source itself is not visible from the street or adjacent property. (14) Industrial Land Use. Those uses of land for industrial purposes. Industrial uses include but are not limited to the following: Warehousing (storage) Printing Trucking (transportation) Manufacturing Photofinishing Mechanical Repair Bottling Laundry (15) Institutional (Public and Quasi- Public) Land Use. Those uses of land for public and quasi - public purposes. Institutional uses include but are not limited to the following: School Library Park Community Center Museum Utility Airport Church Hospital Postal Service (16) Marquee Sign. A wall sign mounted on a permanent roof -like projection over the entry to an establishment. (17) Nonconforming Sign. A sign which does not conform to the provisions of this ordinance. (18) Office (Quiet Business) Land Use. Those uses of land for clerical or administrative business and personal service uses. Office uses included but are not limited to the following: Collection Agency Broadcasting Studio Artists or Photo Studio Travel Service Bail Bond Broker Insurance Service Medical or Dental Clinic Professional Office Advertising Agency Data Processing Service Employment Agency Drafting Service 4. (19) Off Premise Sign. A non - accessory commercial advertising structure which advertises a business, product, or service, not on or offered on the premise on which subject sign is located. (20) On Premise Sign. An accessory sign which advertises a business, product, or service, on or offered on the premise on which subject sign is located. (21) Parking Directional Sign. A sign indicating the entrance to or exit from a permanent off - street parking lot. (22) Parking Regulation Sign. A sign stating the regulations for the use of a permanent off - street parking lot. (23) Permanent Sign. All signs other than those defined as temporary signs by this ordinance. (24) Political Campaign Sign. Any sign which makes known the name of, or information on a person running for a political office or any other information concerning a political campaign or any participant. (25) Principle Use. That use of property used in determing the least restrictive zoning classification required for conformance with the zoning ordinance of the City of Little Rock, Arkansas. (26) Prohibited Sign. Signs which are not allowed within the City of Little Rock. (See Section 44 -8) (27) Projecting Sign. Any sign supported from the face of a building and which any portion thereof extends from the wall more than eighteen (18) inches. (28) Real Estate Sign. A temporary sign denoting the sale, rental or lease of property. (29) Residential (One - family and Two - family) Land Use. Those uses of land for one and two - family residential dwelling units. (30) Residential (Multi - family and Mobile Home Park) Land Use. Those uses of land for multi - family dwelling units and mobile home residential units. Residential multi - family uses include but are not limited to the following: 5. Multi - family Structure Boarding House Rooming House Mobile Home Park (31) Roof Sign. Any sign located totally or partially above the eave or rafter line of a building, whichever is higher. (32) Service or Product Advertising Sign. A sign designed to advertise products, services, sales and special events. (33) Sign. Any letter, figure, design, symbol, trademark or device mounted or otherwise placed and intended to be visible from the outside of a building, for display as an advertisement, announce- ment, notice, directional matter or name. (34) Sign Alteration. Any structural change or change in height or area of a sign. This does not include normal maintenance of a sign, or changing of the copy on a sign. (35) Sign Area. That area enclosed by one continuous line, con- necting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one time from any one point. This area does not include the main supporting sign structure but all other ornamental attachments, inner connecting links, etc. which are not a part of the main supports of the sign, are to be included in deter- mining sign area. (36) Sign Height. The vertical dimension from ground level at the base of the sign structure to the top (uppermost point) of the sign structure. Sign height for on premise, ground mounted signs for commercial uses, on properties immediately adjacent and contiguous to expressway or freeway traffic facilities, may be measured from the elevation of center lines of the traffic lanes (excluding frontage roads) adjacent to subject property, to the top of the sign structure. It shall be the responsibility of the sign owner to submit all necessary information regarding property and roadway elevations, sign details, etc. when this approach is to be used. 6. (37) Sign Owner. That person who owns a sign and who is responsible for such. In those cases in which the sign owner cannot be determined, the owner of the property on which the sign is located shall be responsible for the sign. (38) Sign Permit. A permit required for the erection, relocation or other alteration of a sign. (39) Sign Permit Tag. A tag issued in conjunction with a sign permit which shall be affixed to the sign in such a manner as to be visible from the adjacent street right -of -way. (40) Sign Setback. That lineal distance measured horizontally and in feet from property lines to the nearest edge of a sign. (41) Street. Any road, thoroughfare, highway, or such used by the public as a traveled way. (42) Street Frontage. The lineal distance - measured horizontally and in feet along that portion of a property adjacent to a street. (43) Subdivision Sign. A sign denoting the entrance /exit to a subdivision. (44) Temporary Sign. Those signs listed in Section 44 -7 of this ordinance. (45) Time and Temperature Sign. An electronically controlled sign which provides such information as time and temperature, but which does not appear to move in any manner. (46) Vehicle Sign. Any sign on any mode of transportation, including but not limited to car, bus, truck, train, boat, airplane or trailer (provided that the trailer is not designed or used primarily as an advertising device). (47) Wall Sign. Any sign affixed directly to or painted on or other- wise inscribed on any exterior portion of a building and con- fined within the limits thereof and which projects from that surface less than eighteen (18) inches at all points. ARTICLE II - SIGN STANDARDS Section 44 -4. On Premise Sign Standards. Sign standards for six classifications of land use are listed herein 7. and for the purpose of this ordinance all uses that may be made of land within the City of Little Rock shall be considered to be contained in one of these six classifications. Particular uses included in each classification shall be as defined herein. Sign standards for uses not specifically mentioned shall be the same as for the most similar use mentioned. Each use is allowed a maximum of one ground mounted and one building mounted sign per street frontage, except for building mounted wall signs for com- mercial uses, which shall have no maximum number, but shall not exceed the total allowable area. Height, area, etc. to be regulated as set forth for the particular use classification. Other signs covered by this ordinance such as parking, delivery, and service or product advertising signs are allowed in addition to the above. No other signs are allowed. In a complex of various uses such as an office building or shopping center, the use of the property to be used in determining the sign standards to be complied with shall be the "principle use" as herein defined. In such complexes the principle use shall be allowed one ground mounted sign and one building mounted sign per street frontage, and each separate use located within the complex shall be allowed one building mounted -wall sign per street frontage. Bulk and area require- ments are to be regulated as set forth by the use classification of the principle use. The street classifications mentioned in the sign standards of this ordinance are as defined and designated by the Master Street Plan of the City of Little Rock, as amended. Section 44 -4 -1. Sign Standards for Residential Uses (One - family and Two - family). No commercial advertising is allowed, only signs denoting the name and address of occupants are allowed. A. Ground Mounted Signs - allowed 1. Area - Maximum area shall not exceed 1 sq. ft. 2. Height - Maximum height shall not exceed 6 ft. B. Building Mounted Signs - allowed 1. Wall Signs - allowed a. Area - Maximum area shall not exceed 1 sq. ft. b. Height - Shall be located on a vertical surface of the building 01 (including canopies, wing walls, and other architectural elements) but not higher than the eave line or rafter line of the wall on which located, whichever is higher. 2. Projecting Signs - prohibited 3. Roof Signs - prohibited 4. Marquee Signs - prohibited C. Time and Temperature Signs - prohibited D. Illumination - allowed Shall be indirectly illuminated and not greater than 50 footlamberts of luminance. E. Animation - prohibited Section 44 -4 -2. Sign Standards for Residential Uses (Multi - family and Mobile Home Park). No commercial advertising is allowed, only signs denoting the name and address of the complex or name and address of the occupants is allowed. A. Ground Mounted Signs - allowed 1. Area Street 6 sq. ft. x 1.0 residential street 1.0 residential collector 1.2 collector street 1.5 arterial 1.5 arterial /median 2.0 expressway 2.0 freeway Frontage + 1 sq. ft. for every 10 lineal feet of street frontage Setback + 1 sq. ft. for every 10 ft. that sign sits behind all property lines 2. Height - Maximum allowable height shall be 6 feet. B. Building Mounted Signs - allowed 1. Wall Signs - allowed a. Area - Wall signs denoting the name and address of the complex are allowed a maximum area of one (1) per cent of the facade area on which the signs are mounted. Each occupant of the complex is allowed, in addition to the above, one wall mounted sign not to exceed 1 sq. ft. in area. b. Height - Wall signs shall be located on a vertical surface of the building (including canopies, wing walls, and other architectural elements) but not higher than the eave or rafter line of the wall on which located, whichever is higher. a 2. Projecting Signs - prohibited 3. Roof Signs - prohibited 4. Marquee Signs - prohibited C. Time and Temperature Signs - prohibited D. Illumination - allowed Shall be indirectly illuminated and not greater than 100 footlamberts of luminance. E. Animation - prohibited Section 44 -4 -3. Sign Standards for Institutional Uses (Public and Quasi - Public). Street 8 sq. ft. x 1.0 1.0 1.2 1.5 1.5 2.0 2.0 A. Ground Mounted Signs - allowed 1. Area residential street residential collector collector street arterial arterial /median expressway freeway Frontage + 1 sq. ft. for every 10 lineal feet of street frontage Setback + 1 sq. ft. for every 10 ft. that sign sits behind all property lines 2. Height -Maximum allowable height shall be 6 feet. B. Building Mounted Signs - allowed 1. Wall Signs - allowed a. Area - Wall signs are allowed to a maximum area of two (2) per cent of the facade area on which the signs are mounted. b. Height - Wall signs shall be located on a vertical surface of the building (including canopies, wing walls, and other architectural elements) but not higher than the eave or rafter line of the wall on which located, whichever is higher. 2. Projecting Signs - prohibited 3. Roof Signs - prohibited 4. Marquee Signs - prohibited C. Time and Temperature Signs - prohibited D. Illumination - allowed Shall be indirectly illuminated and not greater than 200 footlamberts of luminance. 10. E. Animation - prohibited Section 44 -4 -4. Sign Standards for Office Uses (Quiet Business). A. Ground Mounted Signs - allowed 1. Area Street Frontage 12 sq. ft. x 1.0 residential street 1.0 residential collector 1.2 collector street 1.5 arterial 1.5 arterial /median 2.0 expressway 2.0 freeway + 1 sq. ft. for every + 10 lineal feet of street frontage Setback 1 sq. ft. for every 10 ft. that sign sits behind all property lines 2. Height - Maximum allowable height shall be 6 feet. B. Building Mounted Signs - allowed 1. Wall Signs - allowed a. Area - Wall signs are allowed to a maximum area of four (4) per cent of the facade area of the building on which the signs are mounted. b. Height - Wall signs shall be located on a vertical surface of the building (including canopies, wing walls, and other architectural elements) but not higher than the eave or rafter line of the wall on which located, whichever is higher. 2. Projecting Signs - prohibited 3. Roof Signs - prohibited 4. Marquee Signs - prohibited C. Time and Temperature Signs - allowed Shall count as one of the other ground or building mounted signs allowed. Height and area requirements same as whichever sign replaced (Ground or building mounted). D. Illumination - allowed Shall be indirectly illuminated and not greater than 200 footlamberts of luminance. E. Animation - prohibited Section 44 -4 -5. Sign Standards for Industrial Uses. A. Ground Mounted Signs - allowed 1. Area Street 14 sq. ft. x 1.0 residential street 1.0 residential collector 2.0 collector street 3.0 arterial 3.0 arterial /median 5.0 expressway 5.0 freeway Frontage + I sq. ft. for every + 10 lineal feet of street frontage Setback 1 sq. ft. for every 10 ft. that sign sits behind all property lines Maximum dimension under any condition shall be 30 feet. I1. 12 feet x 1.0 1.0 1.2 1.5 1.5 2.0 2.0 2. Height Street residential street residential collector collector street arterial arterial /median expressway freeway Setback + 1 foot for every 10 feet that sign sits behind property lines. Maximum setback that can be claimed cannot exceed 60 feet Maximum sign height under any condition shall be 30 feet. B. Building Mounted Signs - allowed 1. Wall Signs - allowed a. Area - Wall signs are allowed to a maximum area of six (6) per cent of the facade area of the building on which the signs are mounted. b. Height - Wall signs shall be located on a vertical surface of the building (including canopies, wing walls, and other architectural elements) but not higher than the eave or rafter line of the wall on which located, whichever is higher. 2. Projecting Signs - prohibited 3. Roof Signs - prohibited 4. Marquee Signs - prohibited C. Time and Temperature Signs - allowed Shall count as one of the other ground or building mounted signs allowed. Height and area requirements same as whichever sign replaced (ground or building mounted). D. Illumination - allowed Shall be indirectly illuminated and not greater than 300 footlamberts of luminance. E. Animation - prohibited (except for time and temperature signs) Section 44 -4 -6. Commercial Sign Standards. A. Ground Mounted Signs - allowed 1. Area 12. Street Frontage Setback 25 sq. ft. x 1.0 residential street 1.0 residential collector 2.0 collector street 3.0 arterial street 3.0 arterial /median 5.0 expressway 5.0 freeway + 2 sq. ft. for every 10 lineal feet of street frontage + 4 sq. ft. for every 10 ft. that sign sits behind all property lines For commercial uses where only one free standing sign is erected for two (2) street frontages, the maximum allowable frontage that can be counted is a total of all the street frontage on which the sign is to be located, plus one -half of the other street frontage. Maximum dimension under any condition shall be 34 feet. 2. Height Street 14 feet x 1.0 residential street 1.0 residential collector 1.2 collector street 1.5 arterial 1.5 arterial /median 2.0 expressway 2.0 freeway Setback + 1 ft. for every 10 ft. that sign sits behind all property lines. Maximum setback that can be claimed cannot exceed 60 ft. Sign height for on premise, ground mounted signs for commercial uses, on properties immediately adjacent and contiguous to expressway or freeway traffic facilities, may be measured from the elevation of the centerline of the traffic lanes (excluding frontage roads) adjacent to subject property, to the top of the sign structure. It shall be the responsibility of the sign owner to submit all necessary information regarding property and road- way elevations, sign details, etc. when this approach is to be used. Maximum sign height under any condition shall be 34 feet. B. Building Mounted Signs - allowed 1. Wall Signs - allowed (no maximum number as long as total area does not exceed allowable) a. Area - Wall signs are allowed to a maximum area of ten (10) per cent of the facade area of the building on which the sign is mounted. b. Height - Wall signs shall be located on a vertical surface of the building (including canopies, wing walls and other architectural elements) but not higher than the eave or rafter 13. line of the wall on which located, whichever is higher. 2. Projecting Signs - allowed Projecting signs shall be allowed only in those cases in which the building is four (4) feet or less from the property line. When a projecting sign is used no other building or ground mounted sign is allowed. a. Area - The area allowable for a projecting sign is the same as for a ground mounted sign. b. Height - Projecting signs shall be located on the vertical surface of a building not higher than the eave or rafter line, whichever is higher, and must clear grade level below the sign by nine (9) feet. c. Projection - Shall not exceed 2/3 of the width of the side- walk or public right -of -way between the curb and the property line, whichever is less. 3. Roof Signs - prohibited 4. Marquee Signs - allowed Marquee signs are allowed under the same requirements as for projecting signs. C. Time and Temperature Signs - allowed Shall count as one of the other ground or building mounted signs allowed. Height and area requirements same as whichever sign replaced (ground or building mounted). D. Illumination - allowed Shall be indirectly illuminated and not greater than 300 footlamberts of luminance. E. Animation - prohibited (except for time and temperature signs) Section 44 -5. Off Premise Sign Standards. Section 44 -5 -1. Following are sign standards for off premise signs as defined by this ordinance: A. Shall be allowed only in commercial or industrial zones within the City of Little Rock, Arkansas. B. To be allowed as the only use on a lot or tract unless granted a conditional use permit by the Sign Board of Review (a lot or tract 14. may be platted for such use through the subdivision process of the City of Little Rock, Arkansas). C. Shall be allowed only within 660 ft. of an Expressway or Freeway or within 300 ft. of an Arterial or Major Arterial with Median as defined and designated by the Master Street Plan of the City of Little Rock, Arkansas. D. Shall meet with requirements of the zoning and subdivision ordinances of the City of Little Rock, Arkansas. E. Shall be at least 500 ft. apart on a Freeway or Expressway and at least 300 ft. apart on an Arterial or Major Arterial with Median. The distance between such structures shall be measured along the nearest edge of the pavement between points directly opposite the signs, and each side of the highway will be considered separately. F. Shall not exceed 800 square feet in area (excluding structural support and apron). G. Shall not exceed the maximum allowable height of the zoning district in which located. H. Shall not be animated. Section 44 -6. Other Sign Standards. Section 44 -6 -1. The following signs or sign standards are allowable and shall apply as described, in addition to other sign standards of this ordinance. A. Parking Directional Signs. All uses except one and two - family residential uses are allowed one parking directional sign per entry/ exit to a parking lot. Maximum area shall be two (2) square feet. Maximum height shall be six (6) feet. Such signs may be ground or wall mounted. B. Parking Regulation Signs. All uses except one and two - family residential uses are allowed one parking regulation sign per entry/ exit to a parking lot. Maximum area shall be four (4) square feet. Maximum height shall be six (6) feet. May be ground mounted or wall mounted. In addition one identification sign per parking space shall be permitted not to exceed 1/2 sq. ft. in area per sign and not to exceed 30" in height. C. Delivery Signs. All uses except residential uses are allowed one 15. building mounted wall sign to denote entry or delivery points. Maximum area shall be four (4) square feet. D. Service or Product Advertising Signs. All commercial and industrial uses are allowed one sign per street frontto advertise products, services, sales, specials, etc. Maximum area shall be twenty (20) square feet. The sign shall be permanently affixed to the main or an accessory structure but not to any ground mounted sign structure. E. Subdivision Sign (permanent). All proposals shall be reviewed and may be approved by the Department of Community Development with appeal to the Sign Board of Review. F. Sign Maintenance. All signs shall be properly maintained. The sign and site upon which it is located shall be kept in a neat, clean, attractive, condition. The sign shall be kept free from excessive rust, corrosion, peeling or deterioration, and all surfaces shall be finished to present an attractive appearance. Section 44 -7. Temporary Sign Standards. Section 44 -7 -1. Following are sign standards for temporary signs. These signs shall be considered to be the only allowable temporary signs. A. Construction Sign - allowed One (1) sign for each street that the property fronts on. Con- struction signs may be erected at such time as the building permit for the building being constructed is obtained. The signs are allowed as long as construction is underway but shall be removed within ten (10) days of the final building inspection of all or any portions of a building or building complex. B. Political Sign - allowed One (1) sign per candidate per premise. Political campaign signs can be erected (or distributed if of poster variety) up to sixty (60) days prior to the actual election date and shall be removed within ten (10) days after the election. C. Real Estate Sign - allowed One (1) sign per street frontage, per 150 ft. of street frontage, per lot, parcel or tract. Real estate signs cannot be erected before such property is available for sale, rental, or lease and shall be 16. removed within two weeks after conveyance of property or occupancy by tenant. D. Subdivision Sign (temporary) - allowed All proposals shall be reviewed and may be approved by the Department of Community Development with appeal to the Sign Board of Review. E. Holiday Signs (commercial) - allowed Temporary wall mounted signs celebrating the following holidays are allowed to be erected one (1) week before and one (1) week after the holiday: 1. Easter 2. Thanksgiving 3. Christmas (allowed to be erected 2 weeks prior) 4. New Years 5. George Washington's Birthday 6. Fourth of July 7. Halloween 8. Other religious holidays F. Trailer Signs - prohibited Trailer signs are not allowed with the exception of those signs currently being placed about the City by businesses or persons, actively engaged in providing said signs as of the effective date of this ordinance, and provided that these signs shall only be allowed for a maximum of a two year period as provided in Section 44 -11 -1 hereof, and are located in commercial and industrial zones within the City and then only if they comply with the following standards. 1. Such signs are subject to the same height, size and setback restrictions as are applicable to other ground mounted signs under this ordinance. 2. Permits for such signs shall not exceed 90 days in duration at any one business location during any calendar year. 3. Any such sign using electricity shall meet the standards of Underwriters Laboratories, Inc. and the Little Rock Electricial Code. 17. 4. No such sign shall have oscillating, rotating or flashing lights or create a traffic hazard. 5. Such signs need not be permanently attached to the ground or a building but must be so designed and built that they will not be tipped over by wind velocities of less than 60 miles per hour. 6. The permit fee for such signs will be $5.00 for any 90 day period or portion thereof. 7. Such signs shall have affixed to them the number and date of issuance of the permit authorizing its use. 8. A legal description of the property, and a freehand sketch of the premises upon which such sign is to be placed with its approxi- mate location, will be the only information necessary to be filed with the application for a permit, as relates to the location of the sign. 9. Such signs as a matter of right under this subsection, shall not be permitted from and after two years following the effective date of this ordinance; provided however, that the Sign Board of Review is expressly authorized to provide for the issuance of permits for such signs, for individual signs or for given kinds, makes, models or brands of such signs under such terms and con- ditions as the Board deems to be in keeping with the purpose and intent of this ordinance. Nothing contained herein shall be con- strued as a limitation on the right of the City to issue fran- chises for the right to erect such signs in the City under whatever terms and conditions the City may deem advisable. G. Waste Receptacle Signs - prohibited Waste receptacle signs are not allowed with the exception of those signs currently being placed about the City by businesses or persons actively engaged in providing said signs as of the effective date of this ordinance, and that these signs shall only be allowed for a maximum of a two year period as provided in Section 44 -11 -1 hereof, and are located in commercial and industrial zones within the City. Such signs as a matter of right under this subsection shall not be permitted from and after two (2) years following the effective date 18. of this ordinance; provided however, that the Sign Board of Review is expressly authorized to provide for the issuance of permits for such signs, for individual signs or for given kinds, makes, models or brands of such signs under such terms and conditions as the Board deems to be in keeping with the purpose and intent of this ordinance. Nothing contained herein shall be construed as a limitation on the right of the City to issue franchises for the right to erect such signs in the City under whatever terms and conditions the City may deem advisable. H. Bus Bench Signs - prohibited Bus bench signs are not allowed with the exception of those signs currently being placed about the City by businesses or persons actively engaged in providing said signs as of the effective date of this ordinance, and that these signs shall only be allowed for a maximum of a two (2) year period as provided in Section 44 -11 -1 hereof. Such signs as a matter of right under this subsection shall not be permitted from and after two (2) years following the effective date of this ordinance; provided however, that the Sign Board of Review is expressly authorized to provide for the issuance of permits for such signs, for individual signs or for given kinds, makes, models or brands of such signs under such terms and conditions as the Board deems to be in keeping with the purpose and intent of this ordinance. Nothing contained herein shall be construed as a limitation on the right of the City to issue franchises for the right to erect such signs in the City under whatever terms and conditions the City may deem advisable. Section 44 -8. Prohibited Sign Standards. Section 44 -8 -1. Following is a list of those signs or sign conditions which are hereby prohibited within the City of Little Rock: Al Signs on Fences and Utility Poles. No sign shall be written on or affixed to fences or utility poles. B. Signs on Natural Elements. No sign shall be written on or otherwise affixed to trees, rocks, hillsides or other natural elements. C. Banners, Pennants, Light Strings, etc. No banners, pennants, ribbons, 19. spinners, streamers, strings of light bulbs, wind driven or other similar devices are allowed. D. Oscillating, Rotating, Flashing Lights. There shall be no flashing, rotating, or oscillating lights located within two hundred (200) feet of the right -of -way of any street or public thoroughfare. E. Signs Creating a Traffic Hazard. No sign shall be permitted which by reason of size, shape, content, coloring, location, or manner of illumination interferes with driver visibility of any traffic control device or sign. Any sign which resembles any traffic control or emergency device or sign, or which otherwise creates any traffic hazard is not allowed. F. Signs Placed Without Permission of Owner. No sign shall be placed on, in, or over any private property without the written consent of the property owner nor shall any sign be placed on, in, or over any public property including public right -of -way without the written consent of the public authority having jurisdiction over the property. G. Signs on Vehicles. No vehicle sign shall extend over or past the factory assembled body proper of the vehicle or be illuminated except for authorized emergency vehicles and public transit vehicles. H. Signs Not Permanently Attached to the Ground or a Building. I. Abandoned Signs. ARTICLE III - ADMINISTRATION AND ENFORCEMENT Section 44 -9. Implementation. Section 44 -9 -1. The responsibility for the implementation of this ordinance is vested in the Department of Community Development of the City of Little Rock, Arkansas. A. Permits Required. No sign, other than those allowed for one and two - family residential uses, those wall mounted signs allowed for individual occupants of multi - family residential uses, those temporary signs not specifically required to have a permit those signs required by law, those allowable signs on vehicles, those signs on products, product containers, and product dispensers and public informational and safety signs shall be erected, relocated or otherwise altered in height or size without securing an appropriate permit from the Department of Community Development. 20. All signs except the above shall be tagged and permitted. It is the sign owner's responsibility to have his sign properly tagged and permitted, and if not accomplished, a sign will be classified as abandoned and will be removed. B. Issuance of Permits. Within one (1) year of the effective date of this ordinance all signs shall be properly permitted and tagged. There shall be no fee for the initial permitting of existing signs but all newly constructed and altered signs shall pay a fee and follow the permit schedule as outlined in this section. Permits are to be issued for a period of two (2) years and all sign owners are required to renew their sign permits every two (2) years on the anniversary date of the initial permit. Any sign not renewed within thirty (30) days of the anniversary date shall be classified as abandoned and removed. Accompanying each application for a sign permit for a new sign shall be: (1) For ground mounted signs, a land survey, prepared by a registered land surveyor, showing all existing and proposed improvements and sign locations; (2) For building mounted signs, building elevations; (3) For each sign, detailed drawings and specifications. (All drawings shall be to scale and legible) Accompanying each application for a sign permit for an existing sign shall be: (1) A completed application form stating all necessary facts concerning each sign, signed by the owner, certifying thereto; (2) Photographs of each sign. Sign Permit Fee Schedule 1. All Off Premise Signs - $25.00 2. All On Premise Signs as follows: a. Ground Mounted Signs - $20.00 b. Projecting (including marquee) - $15.00 c. Wall Signs - $10.00 3. All Biennial Renewals - $ 5.00 Section 44 -10. Sign Board of Review. Section 44 -10 -1. Created. A. A Sign Board of Review is hereby established. The word "board" when used in this ordinance shall be construed to mean the Sign Board of 21. Ordinance #12,970 continued Review. The board shall consist of seven (7) members who are appointed by the City Manager and approved by the City Board of Directors. The composition of the board shall be as follows: Three (3) members from the design professions, such as: Architects Landscape Architects Planners Engineers Two (2) members from the business community (including the sign industry), such as: Retail Merchants Petroleum Business Advertising Business Real Estate Business Motel /Hotel Business Two (2) members from the public at large (not affiliated with any of the above groups or interests). Any organization, group, or individual may submit to the City Manager the name of a candidate for any vacant position, as long as such candidate meets the qualification for the vacant position, and resides in the City of Little Rock. The term of office of the members of the board shall be for three (3) years. The initial appointments to the board shall be: One (1) year for two members; two (2) years for two members; and three (3) years for three members. Vacancies shall be filled for the unexpired term of the member whose place has become vacant by the City Manager subject to the approval of the City Board of Directors. The appoint- ing authority shall have the power to remove any member of the board for cause and after public hearing; provided, however, any member of the board who shall be absent from three (3) or tmre consecutive regular meetings shall be removed from office without hearing upon certification of such fact by the secretary of the board to the City Manager. B. The board shall elect its own chairman and vice - chairman who shall serve for one (1) year. The director of the Department of Community 22. e'- r Development or his designated representative shall serve as secretary to the board. The board shall adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. C. Any member of the board who shall have a direct or indirect interest in any property or in the decision relating to such property, which shall be the subject matter of, or affected by, a decision of the board shall be disqualified from participating in the discussion, decision or proceedings of the board in connection therewith. Section 44 -10 -2. Meetings. The board shall establish regular meeting dates, and special meetings shall be held at the call of the chairman and at such other times as the board may determine. Each regular session of the Sign Board of Review shall be a public meeting with public notice of said meeting and business to be carried on; published in a newspaper of general circulation in the City, at least one (1) time seven (7) days prior to the meeting. The board shall keep minutes of its proceedings, show- ing the vote upon each question, all of which shall be filed in the office of the board and shall be a public record. Section 44 -10 -3. Appeals. Appeals to the board may be taken by any person aggrieved by any decision of the Department of Community Development relating to this ordinance. Such appeal shall be taken within a reasonable time, as shall be prescribed by the general rules of the board by filing with the secretary a notice of appeal speci- fying the ground thereof. The secretary shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken. An appeal stays all proceedings in furtherance of any action from any party relating to the appeal unless the secretary certifies to the board, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board, or by a court of record on application or notice to the Depart- ment of Community Development, and on due cause shown. The board shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. 23. Section 44 -10 -4. Jurisdiction. In exercising the following powers the board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made. A. The Sign Board of Review shall hear requests for conditional use permits upon written application of the property owner or his authorized agent, and after submission of a detailed development proposal, may grant such permits only when it is demonstrated that such action will be in keeping with the purpose and intent of the provisions of this chapter. The board may impose reasonable conditions in the granting of a conditional use permit to insure compliance, to protect surrounding property and the public interest. B. The board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made in the enforcement of this chapter. C. The board shall interpret the provisions of this chapter in such a way as to carry out the purpose and intent. D. The board shall review requests for replacement or reconstruction of nonconforming signs destroyed to greater than 75 per cent of their cost and may allow such replacements or reconstruction only if in keeping with the purpose and intent of this ordinance. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of the Department of Community Development, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter. Any person or persons, jointly or severally aggrieved by any decision of the board, may appeal to a court of proper jurisdiction. Section 44 -10 -5. Application Fee. A charge of twenty -five ($25.00) shall be made for all applications filed before the Sign Board of Review. The twenty -five dollar ($25.00) charge shall be paid to the City Collector's office for which a receipt shall be issued stating the purpose of the payment. This receipt must be filed with the applica- tion for a review with the Board of Review as evidence of payment of said fee. 24. Section 44 -11. Nonconforming Signs. Section 44 -11 -1. Nonconforming On Premise Signs. Nonconforming on premise signs shall be removed or made to conform upon expiration of the amortization periods shown below. AMORTIZATION SCHEDULE SIGN TYPE AMORTIZATION PERIOD All prohibited signs described in Section 44 -8 1 year Those temporary signs described in Section 44 -7 -1, Paragraphs F,G and H 2 years All other nonconforming signs 5 years All nonconforming on premise signs (including roof signs) that are within 30 per cent compliance with the sign standards of this ordinance shall be allowed to remain. Roof signs must be within 30 per cent compliance with the area requirements of a wall sign having the same orientation and on that premise, and all other signs must be within 30 per cent compliance with the height and area sign standards of that use. All other nonconforming on premise signs shall be removed or made to conform upon termination of amortization period as described above. The use of nonconforming on premise signs may continue until expira- tion of the amortization period; however, if such sign is removed or destroyed to greater than seventy -five (75) per cent of its cost, then it may not be replaced or reconstructed unless made to conform. Henceforth, nonconforming on premise signs which are annexed to the City of Little Rock shall begin their amortization period as of the date of their annexation. Nonconforming on premise signs may not be altered unless such alteration conforms to the provision of this ordinance, and in no case shall such alteration increase the nonconformity of the sign. Section 44 -11 -2. Nonconforming Off Premise Signs. Nonconforming off premise signs shall be allowed to remain until removed or destroyed to greater than seventy -five (75) per cent of their cost at which time they may not be replaced unless made to conform. Any off premise sign which is animated however must cease to be animated within one year of the effective date of this ordinance. No alterations are to be allowed unless such alteration 25. conforms to the provisions of this ordinance, and in no case shall such alteration increase the nonconformity of the sign. Nonconforming off premise signs which are annexed to the City of Little Rock shall be treated as other nonconforming off premise signs. Section 44 -12. Violations. Any person or persons violating this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished as provided for by applicable State law. Section 44 -13. Conformance. It shall be the responsibility of the sign owner or landowner on which the sign is located to comply with this and all other laws concerning signs. Compliance with this ordinance in no way relieves sign owners or property owners of the need or responsibility for complying with all other local, state or federal laws. Any sign required by any governmental regulation shall be exempt from the provisions of this ordinance. In case of conflict with other laws, the most restrictive shall apply. Particular attention should be given the following: Federal Highway Beautification Act of 1965, Arkansas Act 640 of 1967, Arkansas Act 258 of 1973, the Building Code of the City of Little Rock, the Traffic Code of the City of Little Rock. Section 44 -14. Validity /Severability. If, for any reason, any one or more Articles, Sections, sentences, clauses or parts of this ordinance is held invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this ordinance, but shall be con- fined to that specific Article, Section, sentence, clause or part, and in no instance shall affect or prejudice the validity of the remaining portion of this ordinance. SECTION 2. This ordinance shall be in full force and effect beginning ninety (90) days from and after its passage. PASSED: October 15, 1974 ATTEST: APPROVED: City Cler Mayor 26.