The following provisions sets forth signs that are authorized by § 153.181(A)(2) above in every district.
(A) Government signs. This code does not apply to signs erected, maintained or posted by the state, federal or this government, but the regulations in this code clarify that government signs are allowed in every zoning district of the city which form the expression of this government when erected and maintained and include the signs described herein below when erected and maintained pursuant to law.
(1) Traffic control. Traffic control devices on private or public property are allowed to be erected and maintained in order to provide for public safety and in order to comply with the traffic control laws of the State of Arkansas and the city, as well as the manual on uniform traffic control devices adopted by the Federal Highway Administration.
(2) Public interest signs. Public interest signs of a non-commercial nature and in the public interest, erected by or on the order of a public officer in the performance of their duty, such as public notices, safety signs, danger signs, trespassing signs, traffic and street signs, memorial plaques and signs of historical, environmental or local interest.
(3) Street numbers. Each property owner must mark their property using numerals that identify the address of the property so that public safety departments can easily identify the address from the public street. Where required under this code or other law the identification must be on the curb and may be on the principal building on the property. The size and location of the identifying numerals and letters if any must be proportional to the size of the building and the distance from the street to the building and in no case larger than four square feet. In cases where the building is not located within view of the public street, the identifier must be located on the mailbox or other suitable device such that it is visible from the street.
(4) Required postings by law. Where a federal, state or local law requires a property owner to post a sign on the owner's property to warn of a danger or to prohibit access to the property either generally or specifically, the owner must comply with the federal, state or local law to exercise that authority by posting a sign on the property. The size of such signs should be no larger than 16 square feet or the minimum size required by law. No more than two such signs are allowed, or the minimum amount of signs that are required by law.
(5) Flags. A flag may be displayed as provided under the law that adopts or regulates its use and as provided in division (E) below.
(6) Public safety. The signs described in divisions (A)(1), (2) and (3) of this section are an important component of measures necessary to protect the public safety and serve the compelling governmental interest of protecting traffic safety, serving the requirements of emergency response and protecting property rights or the rights of persons on property.
(7) Construction signs. Government sign placards and other signs required by state and/or federal law to be displayed during construction or remodeling of buildings, or other site/infrastructure work.
(B) Temporary signs.
(1) Temporary signage. Temporary signs are allowed at any:
(a) A property owner may place signage with sign face square footage not to exceed 16 square feet on the property at anytime.
(b) A property owner may place one sign no larger than 16 square feet in one window on the property at any time.
(2) Temporary signs during elections. Temporary signs may be located on the owner's property for a period of 60 days prior to any federal, state or local election that represents the district in which the property is located or involves an issue on the ballot of an election within the district where the property is located. All such temporary signs shall be removed within three days after the election has occurred.
(3) Temporary signs during times when a property is for sale. One temporary sign may be located on a property when the following conditions are all met:
(a) The owner consents and that property is being offered for sale through a licensed real estate agent.
(b) 1. If not offered for sale through a real estate agent, when the sign is owned by the property owner and that property is offered for sale by the owner through advertising in a newspaper, online newspaper or in another public manner.
2. If more than one properties are simultaneously offered for sale, application may be made to install fewer, and larger, signs to serve the adjacent properties offered for sale. Such sign(s) may be of a size and number to serve the total area of properties offered for sale. The Code Official shall determine the number and size of the sign(s) allowed when properties are combined for this purpose, but in no event shall such a sign(s) exceed 80 square feet in size.
(c) For a period of 15 days following the date on which a contract of sale has been executed by a person purchasing the property.
(4) Temporary signs during times when a property is open to the public. One temporary sign may be located per entrance (from private/public road) on the owner's property on a day when the property owner is opening the property to the public during duration of seasonal openings; such sign shall not exceed 12 square feet in size and should be removed after the seasonal opening or other temporary opening is complete.
(5) Temporary signs for new business openings. One temporary sign may be located per entrance from the road on the owner's property on a day when the property owner is opening the property/business to the public; allowed for 90 days. Such sign shall not exceed 16 square feet in size.
(6) Temporary signs during holiday periods. During the 40 day period December 1 to January 10, a property owner may place temporary signs on the property and may use lights between the hours of 7:00 a.m. and 10:00 p.m. CST to decorate the property even if the lights might be arranged to form a sign. Further, a property owner may place and maintain temporary signs on their property on July 4th of every year.
(7) Temporary sign limitations. It is the intent of this code to limit the aesthetic impact of signs on properties in order to prevent unsightly clutter, protect streetscapes, preserve property values and to promote traffic safety. The unregulated accumulation of signs adversely affects these goals, property values and public safety, and so accordingly a person exercising the right to place temporary signs on a property as described in this division (B) must limit the number of temporary signs on the property per 0.25 acre at any one time to two plus a sign allowed in division (B)(1)(b), or if the property is smaller than 0.25 acres then no more than two signs plus a sign allowed in division (B)(1)(b) per principal building on the property unless a court having jurisdiction determines that additional signs must be permitted and then the signage must be limited to the fewest signs and the smallest accumulated sign area permissible under the court's determination.
(8) Sign face limitation. The sign face of any temporary sign, unless otherwise limited in this division (B) must not be larger than 16 square feet.
(C) Lessors. For purposes of this division, a lessor of a property is considered the property owner as to the property if the lessor holds a right to use exclusive of others (or the sole right to occupy). If there are multiple lessors of a property then each lessor must have the same rights and duties as the property owner as to the property the lessor leases and has the sole right to occupy and the size of the property must be deemed to be the property that the lessor has the sole right to occupy under the lease.
(D) Signs not in view. Signs not otherwise prohibited in § 153.181, and which are not exposed to view from a public street or public right-of-way, public place or other property, shall not be regulated by the code.
(E) Flags. Flags shall be permitted on properties as follows:
(1) Single-family zoning districts. In a single-family zoning district (such as the zones currently recognized in the city: R-E Estate Single-Family Residential, R-1 Single-Family Residential, R-2 Single Family Residential, R-3 Single-Family Residential, R-MF Multi-Family Residential, and R-MH Mobile Homes Residential) two flags and one flag pole shall be allowed per premises. Each flag shall be a maximum of 15 square feet in area. The flag pole shall be a maximum of 25 feet in height or no higher than the highest point of the principal building's roof, whichever is lower. Flag poles must meet the minimum yard setback requirements for a principal building.
(2) Nonresidential zoning districts. In all other non-residential zoning districts, one flag per 25 feet of frontage on a right-of-way up to a maximum of six flags and six flag poles per premises. Each flag shall be a maximum of 24 square feet in area. Flag poles shall be a maximum of 50 feet in height but no higher than the highest point of the nearest principal building's roof on the premises. Flag poles must meet the minimum yard setback requirements for a principal building or a minimum of ten feet whichever is more restrictive.
(F) Temporary signs shall not be placed or located in such a manner as they obscure the view of pedestrian or vehicular traffic and shall not be placed within 25 feet of an intersection.
(Ord. 2018-05-786, passed 5-1-18)