ORDINANCE NO. 1777 AN ORDINANCE AMENDING CHAPTER 78 SIGNS OF THE CODE OF ORDINANCES FOR THE CITY OF EL DORADO AND FOR OTHER PURPOSES. WHEREAS, it is in the best interest of the City of El Dorado if the above named Code is amended as follows: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EL DORADO, ARKANSAS: Chapter 78, Signs, of the Code of Ordinances for the City of El Dorado is amended whereby all sign regulations for the City is incorporated into the one chapter. Sec. 78-1. Definition of Signs Sec. 78-2. Permission, regulations, removal, penalty Sec. 78-3. Permits Sec. 78-4. Political Signs. Sec. 78-5. Prohibited Signs. Sec. 78-6. Signs permitted Sec. 78-7. Signs above streets and sidewalks. Sec. 78-8. Billboards Sec. 78-9. Removal of certain signs Sec. 78-10. Temporary or portable signs Sec. 78-11. Nuisances; penalty SIGNS Sec. 78-1 Definition of Signs (a) Area: The aggregate square foot area enclosed by the perimeter of the sign face(s), including framework and decorative roofing or other embellishments but not including structural foundation, with each face contributing to the aggregate area. The sign area of wall signs composed of letters or symbols displayed against the wall as background with no distinguishing background coloration/decoration, shall be calculated by measuring the area encompassing all the letters or symbols constituting the sign. (b) Banner: A sign made of fabric or any non-rigid material with no enclosing framework. (c) Billboard: An off-premises sign. (d) Construction: A sign identifying an architect, contractor, subcontractor, developer and or material supplier participating in construction on the property upon which the sign is located. (e) Flashing: A sign, which contain an intermittent or sequential flashing light source, used primarily to attract attention. (f) Freestanding: A sign supported upon the ground only by its own structural foundation, and not attached to any building or other object or structure. (g) Garage/porch/yard: A sign advertising sale of goods from residential property. (h) Government: A sign used solely by local, state or federal government , or agencies thereof, or by any public utility company, for the purpose of giving notice of matters of public safety, or of governmental concerns. (i) Height: The vertical distance measured from the highest point of the sign and or structural foundation, to the grade of the adjacent street or of the ground surface beneath the sign, whichever grade is lower. (j) Off-premises: A sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which the sign is located. (k) Political: A sin advertising any candidate or any position on an issue upon which the citizens of the city may vote. (l) Projecting: A sign other than a wall sign, which extends from and or is supported by a wall or roof of a building or other structure. (m) Real estate: A sign advertising the availability of any particular real property. (n) Sign: Any device, structure, fixture, display field, or placard designed for display of, or displaying graphics, any communicative symbols or message, and or written copy, and the structural foundation thereof, which is located outdoors. (o) Special occasion: A sign advertising a special occasion such as family reunion, birth of a child, school play, special church event or the like. (p) Structural foundation: A structure or supporting member affixed to the premises for the purpose of supporting or displaying a sign, but carrying no graphic or communicative symbol. (q) Traffic/directional: A sign bearing only property numbers, post box numbers, names of occupants on premises, or words or symbols guiding traffic or parking on private property, and having no other message, or commercial connotation. (r) Wall: A sign which is attached to and supported by the vertical wall of the permanent building and which is entirely within the plane of that wall. Sec. 78-2. Permission, regulations, removal, penalty. (a) No sign erected shall be lower than eight feet above the sidewalk and when hung across any street or alley shall not be lower than 20 feet above the street or alley. Furthermore, no sign shall be erected within 12 feet of the curb or edge of the street unless it is at least eight feet above the ground or no taller than 36 inches and must not be placed on or interfere with a sidewalk. (b) All signs within the city, that are nearer the walk or street than is required in this section, are hereby declared a nuisance and shall be removed or razed by order of the mayor. (c) The city council may, by resolution, declare any sign, poster, frame, or board or other advertising device that has become unsightly or dangerous a nuisance and order it removed. If the owner of the advertising device fails or refuses to comply with any such order of the city council, any authorized agent of the city may remove the advertising device. (d) The actual cost of removing and disposing of the advertising device will become a charge against the owner thereof and may be collected by the city in a civil action in any court of competent jurisdiction. Sec. 78-3. Permit. No sign except name plates, temporary real estate, church bulletin boards and signs of an official nature on public property shall be erected without a permit issued by the enforcement official designated by the city council. A permit fee of ten dollars ($10.00) is hereby established and shall be charged for each permanent sign. The permit shall describe the size and height of the sign and its location and distance from the edge of the street. The public works department shall be in charge of receiving permit applications and enforcement. Sec. 78-4. Political Signs. (a) Election campaign signs shall be removed within seven days following the final election to which they apply, and the owner of the property where said sign is placed shall be responsible for its removal. (b) the city council hereby finds that the citizens of the city have a compelling interest in the furtherance of the democratic process and the support of free elections with widespread participation of both candidates and voters in that process, as well as in the importance of an electorate being informed as to their choice among candidates. Therefore, election campaign signs are allowed to be placed on private property with the owner’s permission as long as they are removed within seven days following the final election to which they apply, and the owner of the property, where said sign is placed, has agreed to be responsible for its removal, and thereby shall be subject to fines. Sec. 78-5. Prohibited signs. Off-premises signs (except signs of an official nature authorized and erected by the city or state for public purposes and signs authorized by the city for churches and civic clubs) are hereby determined and declared to be nuisances, annoyances, offensive and dangerous to the public in general and are found to endanger and threaten the public peace, health, safety and general welfare of the community as a whole and are prohibited. Signs which hinder the normal flow of pedestrian traffic or which interfere with or obstruct an adequate and safe line of visual sight at entrance points to and along public ways for the motoring public are prohibited. (a) The erection of any sign, poster, frame, board, or other advertising device made of wood, cloth, paper or other combustible materials on, upon, or over any building within the fire district of the city is hereby prohibited. (b) The erection or use of a sign with pulsating illumination shall be prohibited. This shall include any sign or attraction device, which in any way distracts drivers after dark. (c) Maximum illumination for signs using incandescent lighting 12 feet from curb is seven bulbs per side with a maximum of 60-watt bulbs for a total of 420 total watts. Maximum illumination for signs closer than 12 feet from the edge of the street is 40-watt bulbs with a maximum of 280 watts per side, for a total of 560 watts per sign. Clear light bulbs, yellow bug lights, and other colored bulbs except blue and red, are permitted. All signs must be well maintained. LED type message boards are permitted provided that all other requirements of this article are met. Variances may be applied for through the zoning commission. (d) This chapter shall not prohibit informational signs with time and temperature display and other informational data. Sec. 78-6. Signs permitted. All signs of a private or unofficial nature shall be located on private property and are subject to the regulations of the zoning district in which they are located. The maximum number and size of signs are listed in the zoning districts. Sec. 78-7. Signs above streets and sidewalks. It shall be unlawful for any person to erect or maintain any signs of whatsoever kind on or over the sidewalks or streets of the city without written permission from the mayor. No sign so erected shall be lower than eight feet above the sidewalk and when hung across any street or alley shall be no lower than 20 feet above the street or alley. All signs within the city that are hung nearer the walk or street is required herein, are hereby declared a nuisance and shall be removed or razed by order of the mayor or chief of police. Sec. 78-8. Billboards. (a) A billboard is defined as an off-premises sign. (b) The enforcement agent for this section is the director of public works or his designee. (c) All billboard signs shall be maintained by the owner thereof in a clean, sanitary and in nonoffensive condition, and kept free and clear of all noxious substances, rubbish and weeds. In addition, all signs shall be properly maintained at all times, and the exposed surface shall be cleaned and painted as required. Defective parts shall be replaced. (d) The director of public works or his designee determines violations of the above-stated provisions and shall warn the owner. If said violations are not cured or abated within 30 days from notification by first class mail of the violation, the enforcement agent shall have the authority to remove said sign and bill the owner of the sign for the cost of said removal. (e) Preexisting nonconforming permanent signs shall be allowed for the remaining economic life of the particular sign or change in ownership of the sign up to but not exceeding 15 years. Sec. 78-9. Removal of certain signs Removal of certain signs, is hereby amended to read as follows: In the event a person, business, or organization ceases operation for a period of time in excess of sixty (60) days, the sign’s owner or lessee, or the property owner, shall immediately remove any sign identifying or advertising said person, business, or organization or any product sold thereby; A sign supporting structure need not be removed unless a determination is made by the Code Enforcement Officer that the unoccupied sign structure is a traffic hazard or a substantial detriment to nearby businesses or residents such that the structure’s removal is necessary to end a public nuisance. Upon failure of the sign owner or lessee, or the property owner, to comply with this section, the Code Enforcement Officer shall issue a written notice to the sign owner and any lessee and to the property owner, which notice shall state that such sign shall be removed within thirty (30) days. If the sign owner or lessee, or property owner, fails to comply with such written notice to remove, the person may be convicted of violating the provisions of this section and shall be punished by a fine not to exceed $1,000.00. For the purpose of this section, the word “remove” shall mean: a. The sign face shall be taken down and removed from the property. b. The sign posts, columns, or supports of freestanding signs must be maintained at all times. c. The sign face of “painted wall signs” shall be removed by painting over the wall sign in such a manner as to completely cover up and hide the sign in question. Sec. 78-10. Temporary or portable signs. Temporary or portable type signs shall be permitted only to announce the intended use of an area under construction or for advertising the premise on which it is located for sale, lease or rent. A special ten day permit for temporary or portable signs may be granted upon application to the enforcement official for special events such as fire sales, going-out-of-business sales, etc. Temporary or portable signs shall be removed within ten days after completion of the related project, or 14 days after the issuance of a certificate of occupancy, or upon sale, lease or rent of the property it advertises, or upon expiration of the permit, whichever is sooner. The maximum surface size of temporary or portable signs shall be 32 square feet and only one such sign shall be placed. The minimum setback shall be five feet from the street right-of-way line. Sec. 78-11. Nuisances; penalty. (a) The city council may by resolution declare any sign, poster, frame, or board or other advertising device that has become unsightly or dangerous a nuisance and order same removed. (b) Any person or his agent or employee who violates any part of this section or who fails or refuses to remove any sign, board, frame or other advertising device that has been declared a nuisance and ordered removed shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than $5.00 nor more than $50.00 for each and every day that they shall fail or refuse which shall be deemed a separate offense. Section 2. Severability. In the event any portion of this Ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not effect the remaining portions of this Ordinance, which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this Ordinance. Section 3. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict with any provision of this Ordinance are hereby repealed to the extent of such conflict. This Ordinance is adopted April 24, 2008