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Ordinance 2007-09

ORDINANCE NO. 2007-09
AN ORDINANCE ADOPTING A COMPREHENSIVE SET OF
GUIDELINES, RULES AND REGULATIONS IN REGARD TO
THE ERECTION, MAINTENANCE, REPLACEMENT AND
REPAIR OF SIGNS WITHIN JOHNSON, ARKANSAS,
REPEALING ANY PORTIONS OF ORDINANCE 123 AND
OTHER ORDINANCES IN CONFLICT HEREWITH AND FOR
OTHER PURPOSES '
WHEREAS, rapid development and growth of commercial and business property use in
the City is taking place;
WHEREAS, the City desires to provide adequate yet orderly signage to assist the public
in identifying and locating all areas of the City including those commercial and business areas;
WHEREAS, the natural beauty of the City and the many improvements being made
require that the public have an opportunity to view and appreciate them.
WHEREAS, the Arkansas Legislature in ACA § 14-56-401-426 has authorized cities to
control growth and development the City Council believes it necessary to control the erection,
maintenance, replacement and repair of signs within the city to provide for public safety by
adoption of a permit procedure.
WHEREAS, the intent and purpose of this ordinance is to promote and protect the
interests of all citizens and visitors to Johnson while encouraging and promoting economic
growth and development.
IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS,
That:
Section 1: The provisions of this ordinance shall apply to all land, buildings and
structures within the corporate limits of Johnson as they now or may hereafter exist.
Section 2: For purposes of this ordinance the following rules of construction shall
apply:
(a) Words, phrases, and terms defined herein shall be given the defined meaning.
(b) Words, phrases, and terms not defined herein but in the building code of the city shall
be construed as defined in such code.
(c) Words, phrases, and terms neither defined herein nor in the building code, shall be
given their usual and customary meanings except where the context clearly indicates
a different meaning.
(d) In case of any difference of meaning or implication between the text and any heading,
drawing, table or figure, the text shall control.
(e) The particular shall control the general.
(f) The word "shall" is always mandatory and not discretionary. The word "may" is
permissive and not mandatory.
(g) Words used in the present tense include the future tense, and words used-in the future
tense include the present tense.
(h) "Words used in the singular include the plural, and words used in the plural include the
singular.
(i) The words "building" and "structure" are synonymous, and include any part thereof.
(j) The word "person" includes individuals, firms, corporations, associations and any
other similar entities.
(k) The words "lot," "parcel/' "site/1 "tract," or other unit of ownership are synonymous
and may be used interchangeably.
(1) The word "used" shall include arranged, designed, constructed, altered, converted,
rented, leased, or intended to be used.
(m) All public officials, bodies, and agencies to which reference is made are those of the
City of Johnson, unless otherwise indicated.
(n) Whenever reference is made to a resolution, ordinance, statute, regulation, or
document, it shall be construed as a reference to the most recent edition of such
resolution, ordinance, statute, regulation, or document, unless otherwise expressly
stated.
(o) Whenever a provision appears requiring the head of a department or another officer or
employee to perform an act or duty, that provision shall be construed as authorizing
the department head or officer or employee to delegate the responsibility to
subordinates, unless the terms of the provision specify otherwise.
(p) Unless the context clearly suggests the contrary, the conjunction "and" indicates that
all connected items, conditions, provisions or events shall apply, and the conjunction
""or" indicates that one or more of the connected items, conditions, provisions or
events shall apply.
Section 3: This section contains definitions of signs, billboards and related items, all
other terms used herein are defined in the Johnson zoning ordinance.
(a) Banner: Any sign made of fabric or any non-rigid material with no enclosing
framework.
(b) Billboard: Any structure or portion thereof upon which are signs or
advertisements used as an outdoor display. This definition does-not include any
bulletin boards used to display official court or public notices, or signs advertising
the sale or lease of the premises on which the sigA is located,
(c) Sign: Any words, lettering, parts of letters, figures, numerals, phrases, sentences,
emblems, devices, designs, pictures, trade names, or trademarks by which
anything is made known, such as are used to designate an individual, a firm, an
association, a corporation, a profession, a business, a service or a commodity or
product which are visible from any public street or right-of-way and designed to
attract attention. A sign shall not include such devices located within a building
except for illuminated signs within show windows. A sign includes any billboard,
but does not include the flag, pennant, or insignia of any state, city, or other
political unit, or any political, charitable, educational, philanthropic, civic,
professional, religious, or like'Campaign, drive, movement, or event.
(d) Sign area: The area within a line including the outer extremities of all letters,
figures, characters, and delineations, or within a line including the outer
extremities of the framework or background of the sign, whichever line includes
the larger area for one side of the sign. The support for the sign background,
whether it is columns, a pylon, or a building or part thereof, shall not be included
in the sign area.
(e) Sign, awning: A sign that is part of a fabric or other non-structural awning.
(f) Sign, bulletin: A sign erected by a church, school, institution, or public agency on
its premises for announcements.
(g) Sign, commercial: A sign which directs attention to a service, product, profession,
business, or entertainment conducted, sold, or offered on the same lot.
(h) Sign, free standing: A sign which has a foundation directly attached to the
ground. This includes signs mounted on pylons or columns and monument type
signs.
(i) Sign, height: Also known as height. The height of a sign is measured from the
point at which the sign support touches the ground to the highest point of the sign.
(j) Sign, nameplate: A sign bearing the name and/or address, occupation, and phone
number of persons or uses occupying the premises.
(k) Sign, official: Signs on public or private property for informing the public.
(1) Sign, off-premise: A sign that directs attention to a business, profession, event
entertainment, product, or service that is located, offered or sold somewhere other
than on the premises.
(m) Sign, on-site: A sign relating in its subject matter to the premises on which it is
located, or to products, accommodations, services provided therein.
(n) Sign, portable: A sign that is not permanently attached to a foundation or
building, other than window signs. Excludes signs defined as temporary signs
and banners.
(o) Sign, projecting: A sign that extends from the building and is supported from the
building.
(p) Sign, real estate: Temporary signs advertising the. premises for lease, rent or sale,
(q) Sign, roof: A sign that projects above the roofline.
(r) Sign, temporary: Temporary signs include construction signs; political and
election signs; real estate signs advertising the premises for lease, rent or sale;
yard sale signs.
(s) Sign, wall: A sign that is attached to and within 2 feet for any wall housing the
business, such signs shall not protrude above the roof line or beyond any wall
surface.
(t) Sigri, yard sale: A sign that shall include all similar signs such as garage sale.
Rummage sale, moving sale signs..
(u) Special event: A special event is any non-routine business activity such as a grand
opening, going out of business, etc.
Section 4: Signs as allowed by this ordinance shall be permitted according to the
following process:
(a) An application shall be made to the Building Official by completing the Sign
Permit Application provided by the city. This application shall be signed by the
property owner.
(b) The fee, as indicated on the Sign Permit Application, shall be paid.
(c) Two scaled drawings of the sign and specifications shall be provided. These shall
detail the manner of construction, materials, sign dimensions (including sign area
and height), design and content of the sign, and details for the method of
attachment to the building, window or ground.
4
(d) Two scaled drawings of the site plan showing the location of the sign on the
property or building. All streets, sidewalks, setbacks, rights of way, and
easements for the property shall be shown. For wall and window signs, the
buildings and windows shall be dimensioned. Proposed landscaping shall be
shown on tills plan.
Section 5: Once a completed application is submitted, and the requisite fee paid, the
Building Official will review the application for compliance with City ordinances. If the
application is not in full compliance with City ordinances, the application shall be returned to the
applicant within a reasonable amount of time not to exceed fourteen (14) days. If the application
is in full compliance the applicant shall be granted a permit for the sign. If the approved work
has not been completed within six (6) months of issuance of the permit, or if the completed sign
does not conform to the permit the permit becomes null and void. Prior to the expiration of such
six (6) month period, the Building Official may grant one (1) thirty (30) day sign permit
extension upon written request of the applicant. All approved signs will be assigned a permit
number which shall be displayed in a location on the sign that is visible and legible from public
property.
An appeal from a decision of the Building Official as well as all interpretations and decisions
based on the sign ordinance set forth herein may be appealed to the Planning Commission by a
written request filed with the Recorder/Treasurer at least fifteen (15) days prior to the Planning
Commission meeting.
Section 6: The following general regulations relating to signs shall apply:
(a) Prohibited Signs. Billboards, roof signs, signs attached to or painted on parked
vehicles or trailers unless the vehicle or trailer is used in normal daily operations
of the business, off-premise signs (except yard sale signs), portable signs,
windblown signs, spotlights and beacons, balloons, and flashing and animated
signs are expressly prohibited in all districts, except that changeable time and
temperature displays, without advertising, are permitted.
(b) Design Codes. All signs shall comply with all applicable building codes,
including but not limited to the ICC Building Code and the National Electrical
Code. Review and approval of the permit does not guarantee compliance or
warranty the design by the City.
(c) Materials. All signs shall be constructed of permanent materials and
permanently attached to the ground or building except for those signs listed as
temporary signs or window signs.
(d) Maintenance. All signs shall be maintained in a good condition. The owner
shall keep the sign in a legible condition.
(e) Obstructions. No sign shall create a traffic hazard. No sign shall block or
obstruct the visibility of streets or entrances and exits to buildings. No sign may
be closer than ten (10) feet to the edge of the street except as specifically
permitted by this ordinance.
(f) Public Right of Way. No sign, or portion of a sign, shall be constructed in a
public right of way or on public property except as specifically permitted by this
ordinance. No signs shall be attached to public utility appurtenances or to trees in
the public right of way or property.
(g) Illumination. Signs may be illuminated in a manner that does not create a traffic
hazard. Illuminated signs may not use incandescent bulbs. Only internally
illuminated signs will be permitted on nonresident!al property that is within 200
feet of a residential property. Only indirect illumination is allowed in agricultural
or residential zones. Externally illuminated signs shall be lit from above. No
exposed reflective bulbs shall be used on the exterior surface of any sign.
(h) Landscaping. All free standing signs shall be landscaped. This landscaping shall
be visible from the street and shall have a minimum area of 50 square feet per
sign.
(i) Common Signage Plan. In an effort to promote uniformity and consistency, any
development with multiple buildings or lots shall create a plan depicting all of the
signs for the development. This plan shall undergo the same approval and
permitting process as a single sign. In addition to the requirements listed for a
single sign, the common signage plan shall indicate where all signs on the
development will be placed in the overall development. Such signs shall meet the
requirements of the zoning district except that the number of free standing signs
may be increased to match the number of proposed main entrances/exits. All
businesses, parcels or buildings in the development shall be required to adhere to
the plan. Any changes to the plan will require approval by the Planning
Commission and the application must be signed by all tenants of the property or
development.
(j)' Conformance. All existing signs shall come intr compliance with this ordinance
within rive (5) years of its date of adoption.
(k) Sign Removal. Any business which ceases operations for more than sixty (60)
days shall remove their sign.
(1) Exemptions. Any sign within a building that is not visible from the exterior of
the building shall be exempt from all regulations of this ordinance. Signs and
decorations normally associated with holidays so long as they are ten (10) feet
from the edge of the street and do not pose a traffic hazard.
Section 7: The following signs shall be permitted within the various zoning districts
as indicated:
A. All Districts.
(a) Those signs excluded from the definition of signs in this Ordinance, and
(b) Any signs used in conjunction with or necessary for the provisions of a public
facility.
(c) Real estate and building construction signs not to exceed 6 square feet and 6
feet in height. These shall be temporary signs and shall be removed within one
week of the property being sold/leased or the issuance of a certificate of
occupancy respectively. One (1) sign is allowed per parcel.
(d) Political signs less than thirty two (32) square feet in area and less than eight
(8) feet in height. These shall be temporary signs and may only be posted
sixty (60) days prior to the election and must be removed within three (3) days
after the election.
(e) Directional signs less than four (4) square feet in area and four (4) feet in
height with no advertising or commercial logos.
(f) Any federal, state or local traffic control, railroad crossing or other public sign
erected by a governmental agency.
(g) Non-commercial special event signs less than six (6) square feet that do not
contain any commercial advertising or logos. These signs must include the
date and location of the event. They may be posted fourteen (14) days prior to
the event and must be removed within seven (7) days after the event.
(h) Yard sale signs less than six (6) square feet. These shall be temporary signs
and may only be posted three (3) days prior to the sale and must be removed
one (1) day afterward. Three (3) signs will be permitted per sale; two (2) offpremise
signs and one (1) on-site sign to advertise for the sale. The date and
address of the sale must be on each sign. The City has the authority to remove
these signs and write citations for signs not in compliance with this ordinance.
(i) Portable Signs and Banners are allowed for non-profit organizations without a
permit so long as no advertising or commercial logos are present and all of the
other requirements for sign area and display times are met. Also, these signs
may be allowed with a special Temporary Sign Permit for special events. This
permit shall be valid for fourteen (14) days only and the signs shall be removed
within twenty one (21) days of the granting of the permit. One (1) sign shall be
allowed and the area of these signs shall not exceed thirty-two (32) square feet.
Only two (2) Temporary Sign Pennits will be :.ssued per business per twelve
month period.
B. A District.
(a) Subdivision name signs when used as an architectural or landscape feature of
the subdivision. One (1) sign per subdivision entrance is allowed.
(b) A free standing on-site sign not to exceed 50 square feet for nonresidential
uses. One (1) sign is allowed per parcel and subject to the height and setback
limitations stated within the zoning ordinance.
C. R-E, R-l, R-2, R-3, R-4 and R-M Districts.
(a) Subdivision name signs when used as an architectural or landscape feature of
the subdivision or development. One (1) sign per subdivision entrance is
allowed.
(b) One (1) wall sign for multi-family developments not to exceed 20 square feet.
(c) A free standing on-site sign not to exceed 50 square feet for nonresidential
uses. One (1) sign is allowed per parcel. The signs shall be subject to the
height and setback limitations stated within the zoning ordinance.
D. R-O District.
(a) One (1) wall sign is allowed per parcel with a maximum sign area of four (4)
square feet.
(b) A free standing on-site sign not to exceed 50 square feet and a height
limitation of six (6) feet. One (1) sign is allowed per parcel unless part of a
common signage plan. The sign shall be subject to the setback limitations
stated within the zoning ordinance.
(c) Window signs are any sign that is affixed to or visible through a glass window.
These signs shall not exceed 40% of the window's area and the area will be
deducted from the allowable area of the wall sign.
E. C-l, C-2 and C-3 Districts.
(a) One (1) wall sign is allowed per parcel with a maximum sign area of 15% of
the wall area.
(b) A free standing on-site sign not to exceed 100 square feet. One (1) sign is
allowed per parcel. The sign shall be subject to the height and setback
limitations stated within the zoning ordinance.
F.
(c) Window signs are any sign that is affixed to or visible through a glass window.
These signs shall not exceed 40% of the window's area and the area will be
deducted from the allowable area of the wall sign.
(d) One (1) projecting, marquee or suspended sign is allowed per parcel unless
part of a common signage plan. These signs shall have eight (8) feet of
clearance from the ground and shall not extend above the roofline. The
maximum sign area shall be 16 square feet and this area shall be deducted
from the allowable wall sign area.
(e) Awning signs are allowed with a minimum ground clearance of eight (8) feet.
The area of the awning sign shall be deducted from the allowable wall sign
area and shall not exceed 15% of the wall area.
I District
(a) One (1) wall sign is allowed per parcel with a maximum sign area of 1 5% of
the wall area.
(b) A free standing on-site sign not to exceed 150 square feet. One (1) sign is
allowed per parcel. The sign shall be subject to the height and setback
limitations stated within the zoning ordinance.
(c) Window signs are any sign that is affixed to or visible through a glass window.
These signs shall not exceed 40% of the window's area and the area will be
deducted from, the allowable area of the wall sin.
(d) One (1) projecting or suspended sign is allowed per parcel unless part of a
common signage plan. These signs shall have eight (8) feet of clearance from
the ground and shall not extend above the roofline. The maximum sign area
shall be 16 square feet and this area shall be deducted from the allowable wall
area.
(e) Awning signs are allowed with a minimum ground clearance of eight (8) feet.
The area of the awning sign shall be deducted from the allowable wall sign
area and shall not exceed 15% of the wall area.
PASSED AND APPROVED this 14th Day of August, 2007.
JTEST:
LONNIE BARRON, Mayor
Jennifer Allen: Recorder/Treasurer