§ 6-6. Regulated signs.

(a)

General regulations.

(1)

Changeable copy shall be limited to ground signs, but cannot be used on entrance or subdivision signs.

(2)

Notwithstanding any other provision of this sign chapter, no sign, whether permitted as a regulated sign or an exempt sign, (except wind screens) shall be permitted within 100 feet of the intersection of any state highway with any other state highway or major thoroughfare without the prior approval of the city manager or designee of the City of Fayetteville. Considering such application, the council shall approve such a location only upon a determination that the proposed sign will not potentially obstruct the view of motorists or pedestrians so as to prevent their safety in traversing the intersection.

(3)

Any sign authorized by this chapter is allowed to contain noncommercial copy or commercial copy, except for traffic instructional signs.

(4)

Traffic instructional signs shall be placed by the owner at such locations and for such purposes as required by the city's chief of police. A traffic instructional sign plan shall be submitted to the city for approval by the city's police chief with the master signage plan for planned centers, shopping centers, office or industrial complex, or subdivision.

(5)

All signs or advertising devices not specifically permitted in a zoning district as a sign exempt from permitting section 6-12 shall be regulated signs, which are prohibited except as provide for under this chapter and upon issuance of a permit by the city. The city manager or his designee is authorized to issue sign permits for any sign that meets the standards and limitations set forth herein.

(6)

Ground signs, as defined in subsection 6-2(b), which are permanent shall be permitted in non-residential zoning districts.

(7)

Wall signs, as defined in subsection 6-2(b), shall be permitted in non-residential zoning districts.

(b)

Non-residential allowable signs. In non-residential zoning districts, signs shall be permitted as herein provided:

(1)

Ground signs. Such property may contain one or more ground signs as defined in subsection 6-2(b).

a.

Platted lots with a single building shall be permitted a maximum of one 35-square-foot ground sign for each public street frontage.

b.

All ground signs shall be located within a landscaped area. No ground sign shall be permitted to encroach in a parking area to such extent that the remaining parking spaces fail to meet the minimum standards of the zoning ordinance for off-street parking.

c.

No ground sign shall have a height greater than six feet above normal grade.

d.

A ground sign shall not be located within ten feet of a street right-of-way or within 50 feet of any other sign, structure, or building except temporary signs.

e.

Changeable copy shall not exceed 20 percent of the area of the sign face.

f.

Ground signs are allowed only on lots upon which there is a building which is currently occupied pursuant to a current and valid city certificate of occupancy or which is currently being developed under an active City of Fayetteville building permit.

(2)

Wall signs. Such property may contain one or more wall signs as defined in subsection 6-2(b).

a.

Platted lots with a single building shall be permitted two wall signs not to exceed the lesser of one and one-half square feet per linear foot of building frontage or 150 square feet total.

b.

When calculating their allowed square footage, calculations shall be based on the facade with the primary entrance and/or architectural features of the building. Otherwise, the facade used shall be that facade which faces the public road of the greatest capacity. The classification of streets per section 94-135 of the zoning ordinance shall be the basis for determining street capacity.

If the linear footage of the facade with the primary entrance is at least 50 percent less than the linear footage of the opposite wall, then an average of the two measurements shall be used to determine the allowed square footage.

c.

The maximum area for a single wall sign shall not exceed 150 square feet.

d.

Only one wall sign is allowed per wall.

e.

Wall signs are allowed only upon a building which is currently occupied pursuant to a current and valid city certificate of occupancy or which is currently being developed under an active City of Fayetteville building permit.

(3)

Planned centers.

a.

Ground signs.

1.

Planned center developments shall be permitted a maximum of one 45-square-foot ground sign for each street frontage.

2.

No ground sign shall have a height greater than six feet above normal grade.

3.

Changeable copy shall not exceed 20 percent of the area of the sign face.

4.

Ground signs are allowed only on lots upon which there is a building which is currently occupied pursuant to a current and valid city certificate of occupancy or which is currently being developed under an active City of Fayetteville building permit.

5.

Planned center developments may apply for a landscape wall sign in lieu of a standard ground sign. Such signage shall be consistent with the architecture and materials of the planned center, and shall be subject to approval by the city manager or his/her designee.

6.

Planned center developments shall also be permitted an entrance sign. Such signs shall be either one double-sided ground sign located at each entrance of the development, each side of which shall not exceed 35 square feet signage area, per section 6-2, or two one-sided signs, each sign not to exceed 35 square feet signage area, per section 6-2. The only permitted text on entrance signs shall be the name and street number of the planned center. The height of the sign shall not exceed six feet. All such signs shall be placed on private property and may not be placed within ten feet of a right-of-way.

b.

Wall signs.

1.

Each planned center building with entrances accessible by multiple tenants such as an office building or similar use shall be permitted two wall signs not to exceed the lesser of one and one-half square feet per linear foot of building frontage or 150 square feet total. Only one wall sign is allowed per wall.

2.

Each building or unit with a separate entrance with multiple treated facades, not accessible by other tenants located in a planned center, shall be permitted two wall signs not to exceed the lesser of one and one-half square feet per linear foot of building frontage or 150 square feet total. Only one wall sign is allowed per unit wall.

3.

The maximum area for a single wall sign shall not exceed 150 square feet.

c.

No permits shall be issued for buildings or units in a planned center unless and until a master signage plan for the planned center has been submitted and approved by the city manager or his designee. The master signage plan shall indicate how all signage will be consistent in:

1.

Lighting.

2.

Colors.

3.

Fonts.

4.

Building materials.

5.

Location in relation to the primary building.

6.

Proportions.

d.

Tenant directional signs. Each planned center development shall be allowed additional directional signage as follows:

1.

Maximum sign size is 24 square feet.

2.

Maximum sign panel per tenant is six square feet

3.

Maximum sign height is six feet.

4.

Setback from the right-of-way is zero feet.

5.

Two signs are allowed per internal intersection of private drives or public streets within the project and shall not be allowed on state routes or arterial roads.

6.

All developments proposing directional signage must submit a uniform design, to include all sign locations, architectural materials and sign elevations for the entire development to the city manager or his/her designee for review and approval. All signs shall have a uniform background color and material, but may include business logos.

e.

A non-subdivided industrial, office or commercial complex with multiple tenants shall be permitted one double-sided sign at the complex entrance, each side of which shall not exceed 24 square feet signage area, per section 6-2, or two one-sided signs, each sign not to exceed 24 square feet signage area, per section 6-2. The height of the sign shall not exceed six feet.

(4)

Other non-residential signs allowed.

a.

Each legal city lot in non-residential zoning districts shall be entitled to one stake sign, which may not be placed within a right-of-way.

b.

Lots in non-residential zoning districts shall be entitled to one temporary single-face ground sign up to 24 square feet. The required permit may be issued for no longer than one year. For properties outside of the Main Street Historic District, the sign may not be placed within ten feet of a right-of-way.

c.

Window signs are permitted, except see limitations in Main Street Historic District signs. Window signs are not calculated as part of the overall signage allowed per property and must meet the sign material requirements of this chapter.

d.

A lot zoned C-3 or C-4, containing a licensed business which provides and utilizes a vehicle drive-through permitted by definition in the zoning ordinance or by a special exception granted by the planning and zoning commission or city council, at which the public transacts business, may display one additional permitted single-faced ground sign not to exceed 35 square feet, in addition to the signage allowed in section 6-6 located adjacent to the drive-through lane with a font size no larger than three inches, and the message face of which is directed towards the motorist passing through the drive through lane.

e.

Special temporary signs are permitted but only under the following conditions and requirements:

(1)

Prior to use of such special temporary signs, and the erection and placement of any such temporary signs, an application for an annual permit shall be filed with the city manager or his authorized designee. Such signs shall be specifically described as to their construction, composition, and specific dates of display for that calendar year. Application for permit shall be approved or denied (with grounds therefore) in writing within 30 days of city receipt of complete application sent to applicant at address shown on application.

(2)

A lot or unit shall be allowed a maximum of six special event signs per year, each of which shall be valid for 14 consecutive days.

(3)

The maximum size allowance for all such signs used for an event shall be a total of 30 square feet.

(4)

All such signs may be attached to the exterior wall or walls of a building or beneath a canopy or attached to the ground. Outside of the Main Street Historic District, no such sign shall be placed within ten feet of the street right-of-way. In all districts, no such sign shall be placed in any manner as to obstruct the view of motorists or pedestrians.

(5)

All such signs shall be professionally made and properly maintained. Temporary signs shall not appear to be ripped, frayed, or in generally poor condition resulting from extended use.

(6)

Temporary sign frames and related mounting hardware shall be removed when a sign is not permitted for display.

(7)

The owner of a planned center may apply to the city for one common area sign, no larger than 30 square feet, to be used for special events and promotions for the planned center and its tenants located within the planned center. The common area sign shall be consistent with the architecture of the planned center and shall provide for removable sign panels. It shall be the responsibility of the planned center owner to coordinate with tenants on the use, maintenance and appearance of the common area sign.

(8)

All special temporary signs shall comply with all other applicable regulations and conditions as set forth in this chapter.

(5)

Main Street Historic District signs. The purpose of the Main Street Historic District Sign Ordinance is to ensure the district's signage is harmonious in proportion, form, color, and materials to the character of the historic district. Visual relatedness is crucial to the goal of an integrated Main Street, and signs play a key role in helping to preserve the historical district's sense of time and place, and achieve the desired effect of charm and compatibility. The ordinance allows businesses to maintain their individual identities, and also become identified with the downtown historic district as a whole. To resolve the technical and aesthetic questions of signage, and encourage high quality in design, a Main Street Historic District Design Handbook containing appropriate sign/design examples is attached as Exhibit "A" to Ordinance No. 0-25-98, and is incorporated herein by reference.

a.

Applicability. This section shall apply only to those building structures and uses within the geographical boundaries of the Main Street Architectural Overlay District, as established and defined in section 94-186 of the city's zoning ordinance.

b.

Compatibility. As to signs, buildings, structures, and uses within the Main Street Architectural Overlay District, when a provision of this section conflicts with any section in the balance of chapter 6 of the Code, the provision of this section shall control. Otherwise, to the extent reasonably possible, the provisions of this section shall be interpreted consistent with the provisions of the balance of chapter 6 of this Code.

c.

Signage standards.

(1)

General. Signage shall complement the architectural details of the building, and shall not violate or otherwise obscure the architecture of the building to which it is attached. Signs, lettering, or boxed graphics shall not cut across columns, cornices, windowsills, arches or balconies, nor extend above the roofline of any building to which it is attached.

(2)

Lettering, size, and construction. Letters can be painted or mounted directly on a signboard, storefront, wall or window, if in proportion to the storefront. Lots in the Main Street Architectural Overlay District are allowed the same amount of signage as lots outside of the Main Street District. Inside the Main Street District businesses may also utilize canopy signs, hanging or suspended signs, menu signs and sandwich signs. Acceptable lettering materials include wood, stone, synthetic stone, metal, vinyl, dimensional plastic, acrylic, or high-density polystyrene foam. The overall design of all signage shall be compatible with the turn-of-the-century theme. The typeset or lettering used shall be taken from, or compatible with, the typeset choices listed in the Typeset and Color Guide for Main Street Signage. Decorative borders and/or embellishments are encouraged. (See Main Street Historic Design Handbook for examples.)

(3)

Materials. Signs may be constructed of concrete, brick, wood, stone, metal, glass, or synthetic materials that have the same appearance of the aforementioned natural materials due to their finish. All materials shall be compatible with the building's architecture, and should be colorfast and resistant to corrosion. Signs shall be professionally finished in accordance with the material selected, whether by sanding, painting, staining and/or sealing, with the edges of the sign framed out and/or sealed.

(4)

Lighting. All signs in the historic district, whether ground signs or wall signs, shall only be illuminated by an external light source, and through craftsmanship and materials, shall reflect downtown district design aesthetics. (See Main Street Historic Design Handbook for examples.)

(5)

Colors. Signs, and all lettering, symbols, and embellishments contained therein, shall be furnished in colors either contained in or consistent with the Typeset and Color Guide for Main Street Signage or from any commercially available historic color palette.

(6)

Awnings and canopies. Decorative awnings or canopies over doors or windows are permitted in the Main Street area, and shall not be calculated as part of total signage area. Professionally applied lettering or symbols may be incorporated into the awning or canopy valance/drop flap, but are restricted to 20 percent of the awning field. Awnings or canopies shall clear sidewalks by seven feet in height, and project no more than six feet from the building. Canvas or synthetic look-alike canvas, is the only material permitted for decorative awnings and canopies. Metal or vinyl may be approved for functional awnings or canopies if the overall design is consistent with Main Street's turn-of-the-century theme. Awnings/canopies may not be backlit.

(7)

Hanging or suspended signs. Hanging, suspended, or projecting signs are permitted in the historic area, and shall clear sidewalks by seven feet in height, and project no more than 36 inches from the building. Hanging or suspended signs should project from the wall at a 90-degree angle. Hanging or suspending signs over driveways, alleys, or parking areas is prohibited. Hanging, suspended, or projecting signs shall be limited to a maximum size of six square feet, and if double-sided, shall be calculated as only one sign. One hanging, suspended, or projecting sign per business street frontage is permitted, and shall be calculated as part of the total signage area allowed under section 6-6. Attractive hardware for hanging is encouraged. (See Main Street Historic Design Handbook for examples.)

(8)

Sandwich board signs (a.k.a. A-frame signs). Movable sandwich signs, or A-frame signs, may be used in the historic district one per building or unit. A sandwich board sign shall have a maximum height of four feet, and a maximum area of eight square feet on one side, and through design, paint, lettering, and materials, shall conform to Main Street Historic District aesthetic standards. Sandwich board signs shall not be placed off-site or displayed in such a way as to block or hinder pedestrian traffic. Sandwich board signs may be placed upon public sidewalks, but must leave a minimum of five feet width of sidewalks clear of obstructions for pedestrian traffic. Each building or unit at its main public entrance, used exclusively by said building or unit shall be permitted one sandwich board sign. The sandwich board sign must be placed only on the sidewalk in front of said building or unit or in the front yard of the building or unit. Such signs must be placed in front of the building or unit within 20 feet of the main public entrance of said building or unit. Sandwich board signs shall not be included within the overall amount of signage allowed.

(9)

Display box. A sign located within ten feet of the main public entrance used exclusively by the relevant building or unit as part of the total signage allowed. A display box shall have a clear face to protect the sign from the weather and be constructed to coordinate with the building design.

(10)

Window signs. Window signs, bearing lettered, numbered, or pictorial matter, shall not exceed 25 percent of the total window area exposed to public view. Window signs shall not be included within the overall amount of signage allowed.

(11)

Special temporary signs. Special temporary signs will be permitted in the Main Street district, and are encouraged to conform to Main Street Historic District aesthetic standards.

(12)

Air and gas filled devices. Under the following guidelines, balloons are permitted to be used as a temporary enhancement to special temporary signs/displays or sandwich boards in the Main Street Historic District.

a.

Deflated or unsightly displays shall be removed immediately.

b.

Balloons must be no larger than 12 inches in length or diameter.

c.

Maximum number of balloons per unit or lot = 3.

d.

Maximum length of tether = 24 inches.

e.

Non-metallic balloons only.

f.

All displays shall conform to the Main Street Historic District sign ordinance aesthetic standards.

(13)

Ground signs. Ground signs may hang or suspend from a horizontal support that is affixed to the ground by vertical post.

(d)

Residential allowable signs. In residential zoning districts, signs shall be permitted as follows subject to the provisions herein provided:

(1)

Two stake signs per lot in residential zoning districts not placed within the rights-of-way.

(2)

Subdivisions shall be permitted either one double-sided ground sign located at the entrance of the subdivision, but not within ten feet of the public right-of-way, each side of which shall not exceed 35 square feet signage area, per section 6-2, or two one-sided signs, each sign not to exceed 35 square feet signage area, per section 6-2. The height of the sign shall not exceed six feet. All subdivision signs shall be placed on private property and may not be placed within ten feet of a right-of-way.

(3)

Subdivision homeowner associations may have one 25 square feet changeable copy or glass covered sign located adjacent to the entrance to the subdivision's intersection with the public right-of-way and located within the common area owned by the homeowner's association but not interfering with sidewalks or streets, and the message face directed toward motorist and pedestrians who have entered the subdivision. These signs may not be placed on individual lots. The homeowner association sign shall be the responsibility of the elected officials of the homeowner's association. Subdivisions without elected homeowner association officers must have a designated person responsible for the sign.

(4)

The owner or the owner's designated agent (but not both at the same time) of a subdivision under development in which the owner of the subdivision owns one or more subdivision lots may obtain a permit, effective for up to one year, to display within the subdivision under development one temporary double-sided ground sign with no more than 24 square feet of sign face per side. A planned center with one out-parcel is not a subdivision for purpose of this paragraph. The sign may not be placed within ten feet of a right-of-way.

(5)

A lot zoned residential (excluding R-P zoning) which is not within a subdivision platted pursuant to the city's subdivision regulations, and which is three acres or more in size, may display a permitted temporary, double-sided ground sign, with a sign face not more than 24 square feet per side. The required permit may be issued for no longer than one year. The sign may not be placed within ten feet of a right-of-way.

(6)

Apartment complex, condominium complex, or other building with multiple residential dwelling units shall be permitted one double-sided sign at the complex entrance, each side of which shall not exceed 24 square feet signage area, per section 6-2, or two one-sided signs, each sign not to exceed 24 square feet signage area, per section 6-2. The height of the sign shall not exceed six feet.

(Ord. No. 0-7-12, arts. I, II, 4-19-12; Ord. No. 0-03-16, art. 2 , 4-7-16; Ord. No. 0-17-18 , art. 2, 8-2-18)