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HomeMy WebLinkAbout2006-03-01 ORDINANCE NO. 2006-3-1 AN ORDINANCE REGULATING THE EFFECTIVE USE OF SIGNS WITHIN THE CITY OF BATESVILLE, ARKANSAS; PROVIDING FOR DEFINITIONS OF TERMS, ESTABLISHING PERMITTING PROCEDURES FOR PERMANENT AND TEMPORARY SIGNS; PROVIDING FOR AMORTIZATION OF NON-CONFORMING SIGNS; PROVIDING FOR SIGN PERMIT FEES; AND FOR OTHER PURPOSES. WHEREAS, the City of Batesville, Arkansas (the "City") has experienced a dramatic increase in the number and type of signs that have been erected within the City; and WHEREAS, the Arkansas Highway and Transportation Department is performing major construction projects on state highways within the City which has caused signs to be relocated or removed; and WHEREAS, the Batesville Planning Commission has spent considerable time studying, reviewing and preparing a proposed sign ordinance for the City and has recommended the sign regulations in this ordinance for adoption by the City Council; and WHEREAS, the City Council, upon careful review and consideration, approves and adopts these regulations to be codified in the Batesville City Code; and WHEREAS, these regulations are hereby approved for the health, safety and welfare of the citizens of the City of Batesville. NOW, WHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE AS FOLLOWS: Section 1: Purposes and Intent. The purposes and intent of these sign regulations are: 1) To encourage the effective use of signs as a means of communications within the City; 2) To maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; 3) To improve pedestrian and vehicular traffic and safety; 4) To minimize the possible adverse effect of signs on nearby public and private property; and 5) To enable the fair and consistent enforcement of these sign restrictions. 1 This sign ordinance is adopted under the zoning authority of the City of Batesville in tfurtherance of the more general purposes set forth in the zoning ordinance. Section 2: Applicability and Effect. A sign may be erected, placed, established, painted, created, or maintained in the City only in conformance with the standards, procedures, exemptions, and other requirements of this ordinance. The effect of this ordinance as more specifically set forth herein, is: 1) To regulate the use of signs according to the zoning classification in which it is located, by establishing a system to allow a variety of types of signs in other zones, subject to the standards and the permit procedures of this ordinance; 2) To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this ordinance, but without a requirement for permits; 3) To prohibit all signs not expressly permitted by this ordinance; and 4) To provide for the enforcement of the provisions of this ordinance. Section 3: Definitions and Interpretation. Words and phrases used in this ordinance shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in the zoning ordinances of the City shall be given the meanings set forth in such ordinance. Principles for computing sign area and sign height are contained in Sections 8 and 9 of this ordinance. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this ordinance. Abandoned sign A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity, and/or for which no legal owner can be found. Alteration To replace, exchange, reconstruct, renovate, move, relocate, animate, enlarge or decrease in size. Animated sign Any sign that uses movement or change of lighting to depict action or create a special effect or scene. Banner Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered a banner. For the purposes of this ordinance, a banner is further defined as a Temporary Sign. Billboard sign A permanent sign which directs attention to a business, commodity, service or entertainment not conducted, sold or offered on the premises where the sign is located, or which business, commodity, service or entertainment forms only a minor or incidental activity upon the premises where the sign is displayed. 2 Building marker Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze, wood, or other permanent material. Building sign Any sign attached to any part of a building, as contrasted to a freestanding sign. Canopy sign Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy. Changeable copy sign A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight (8) times per day shall be considered an animated sign and not a changeable copy sign for the purposes of this ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of the time and temperature shall be considered a "time and temperature" portion of a sign and not changeable copy sign for purposes of this ordinance. City All references to City shall mean Batesville, Arkansas. Clearance (of a sign) The smallest vertical distance between the grade and the lowest point of any sign, including framework and embellishments, extended over that grade. Code Enforcement Officer The Code Enforcement Officer of the City of Batesville or his or her designee. Commercial message Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. Construction sign A temporary sign identifying an architect, contractor, subcontractor, lender, and/or material supplier participating in construction on the property on which the sign is located. Flag Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. Freestanding sign Any sign supported by structures or supports that are placed on, or anchored in; the ground and that are independent from any building or other structure. Height (of a sign) The vertical distance measured from the highest point of the sign, including decorative embellishments, to the crown of the adjacent street nearest the principal entrance to the zone lot. Identification signs A sign allowing only the address and name of occupant and not to exceed two (2) square feet. Incidental sign A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking", "entrance", "loading only", "telephone", and other similar directives. No sign with a commercial message legible from a 3 position off the zone lot on which the sign is located shall be considered incidental. Business name and logo allowed. Lot Any piece of parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument or record, that is recognized and intended as a unit for the purpose of transfer of ownership. Maintenance The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy design or structure of the sign. Marquee Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather. Marquee sign Any sign attached to, in any manner, or made a part of a marquee. Monument siqn A sign mounted directly on the ground or mounted on a low base. Nonconforming sign Any sign that which was erected legally but which does not subsequently comply with the restrictions and regulations of this ordinance. Off-Site sign A permanent sign which directs attention to a business, commodity, service or entertainment not conducted, sold or offered on the premises where the sign is located, or which business, commodity, service or entertainment forms only a minor or incidental activity upon the premises where the sign is displayed. Other sign Any sign under 3' x 5' in size and non-electrical. Pennant Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. Permanent sign Any sign which is permanently affixed to the ground or to a structure or building. Person Any association, company, corporation, firm, organization, or partnership, singular or plural, of any kind. Political sign A temporary sign used in connection with a local, state, or national election or referendum. Portable sign Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designated to be transported by means of wheels; signs converted to "A" or"T" frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-was, unless said vehicle is used in the normal day-to-day operations of the business. Principal building The building in which is conducted the principal use of the zone lot on which it is located. Zone lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings. 4 Proiecting sign Any sign affixed to a building or wall in such a manner that is not parallel to the building. Real Estate sign A temporary sign advertising the real estate upon which the sign is located as being for rent, lease or sale. Residential sign Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms to all requirement of the zoning ordinance. Sign not to exceed 4' x 8' or thirty two (32) square foot surface space. Roof sign Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. Roof sign, integral Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. Scenic corridor A public right-of-way which, in the opinion of the Planning Commission, exhibits special aesthetic and visual characteristics worthy of protection through enhanced billboard and off-site signage regulation. • Setback The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line. Si n Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. Snipe sign A temporary sign or poster affixed to a utility pole, tree, fence, etc. Street A strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares. Street frontage The distance for which a lot line of a zone lot adjoins a public street, from on lot line intersecting said street to the furthest distant lot line intersecting the same street. Temporary sign Any sign that is used only temporarily and is not permanently mounted. Wall sign Any sign attached parallel to, but within twelve (12) inches of, a wall, painted on the wall surface of, erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. A wall sign shall not project above the top of the wall or beyond the end of the building on which it is mounted. Window sign Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed on the exterior of a window or upon the exterior of windowpanes or glass. Does not include any 5 sign, picture, symbol, or combination thereof applied to the interior of the windowpanes or glass. Zone lot A parcel of land that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by the zoning regulations. Section 4: Sign Permits — Generally. Generally -- It shall be unlawful for any person to erect, alter, relocate or keep within the City of Batesville, Arkansas, any sign or other advertising structure as defined in this ordinance, except as exempted under TABLE ONE without first obtaining a sign permit from the Code Enforcement Officer and paying any required fee. All illuminations of signs shall, in addition, be subject to obtaining a permit and maintaining the provisions of the applicable electrical code. Application for sign permit -- Applications for sign permits shall be made upon forms provided by the Code Enforcement Officer and shall contain or have attached thereto the following information: 1) Name, address, and telephone number of the applicant. 2) Location of building, structure, or lot to which or upon which the sign(s) or • other advertising structure(s) is/are to be attached or erected. 3) Position of all signs or other advertising structure in relation to nearby buildings or structures. Line-of-sight drawings may be required to insure the proposed sign does not interfere with or obstruct vehicular or pedestrian vision. 4) Two (2) blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground for all signs on the zone lot. 5) Name of person, firm, corporation or association erecting the structure. 6) Written consent of the owner of the building, structure, or land to which or on which the structure is to be erected. 7) Any electrical permit required and issued for said sign. Application requesting electrical permit for proposed sign shall accompany sign application. 8) Such other information as the Code Enforcement Officer may require showing full compliance with City ordinance. Issuance of Sign Permit -- It shall be the duty of the Code Enforcement Officer, upon the filing of an application for a sign requiring a permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure. Within five (5) business days of receiving an application for a sign permit, the Code Enforcement Officer shall review it for completeness. If the Code Enforcement Officer finds that it is complete, the 6 • application shall then be processed. If the Code Enforcement Officer finds that it is incomplete, the Code Enforcement Officer shall, within such five (5) business day period, send the applicant a notice of the specific ways in which the application is deficient with the applicable section of this ordinance. No work on the proposed sign may begin until all required information is complete and approved by the Code Enforcement Officer and the necessary permit issued. If the work authorized under the permit has not been completed within six (6) months after the date of issuance, the said permit shall become null and void and any fee(s) associated with the permit received by the City shall be forfeited. Upon issuance of the permit by the Code Enforcement Officer, no further permit or renewal of permit for that particular sign is required, unless and until there is a change in the size or shape of the sign. 9) Fees -- Each application for a sign permit shall be accompanied by the applicable fees. Section 5: Permits to Construct or Modify Signs. Signs indicated as "P" on TABLE ONE shall be erected, installed, created or modified only in accordance with a duly issued and valid sign construction permit from the Code Enforcement Officer. Such permits shall be issued only in accordance with the following requirements and procedures. Section 6: Time of Compliance: Non-Conforming Signs and Signs Without Permits. Except as otherwise provided herein, the owner of any zone lot or other premises on which exists a Freestanding Sign that does not conform with the requirements of this ordinance or for which there is no current and valid sign permit shall be obligated to remove such sign or, in the case of nonconforming sign, to bring it into conformity with the requirements of this ordinance. A. Signs Requiring Permits Existing on Effective Date. For any Permanent sign existing in the City on the effective date of this ordinance no permit is required. However, any nonconforming Permanent sign shall be brought into compliance should any of the following occur: (1) structural alteration, (2) change in size, (3) change in shape, or (4) change in location. A change in the information of the face of an existing sign is allowed. For all signs other than Permanent signs existing in the City on the effective date of this ordinance no permit is required. However, any nonconforming sign in this category shall be brought into compliance within one hundred twenty (120) days. For any existing Permanent sign on property annexed at a later date, no permit is required. However, any nonconforming Permanent sign shall be brought into compliance should any of the following occur: (1) structural alteration, (2) change in size, (3) change in shape, or (4) change in location. A change in the information of ® the face of an existing sign is allowed. 7 • For all signs other than Permanent signs on property annexed at a later date, no permit is required. However, any nonconforming sign in this category shall be brought into compliance within one hundred twenty (120) days. B. Nonconforming Existing Signs, Permits and Terms. A Permanent sign that would be permitted under this ordinance only with a sign permit, but which was in existence as of the effective date of this ordinance, or on a later date when the property is annexed to the City, and which was constructed in accordance with the ordinances and other applicable laws in effect on the date of its construction, but which by reason of its size, height, location, design, or construction is not in conformance with the requirements of this ordinance, shall be considered a Nonconforming Sign. Such Nonconforming Sign(s), meeting the definition of a Permanent sign which was made nonconforming by the adoption of this ordinance, shall be brought into compliance should any of the following occur: (1) structural alteration, (2) change in size, (3) change in shape, or (4) change in location. A change in the information of the face of an existing nonconforming sign is allowed. For all Nonconforming Sign(s) other than Permanent signs existing in the City on the effective date of this ordinance, or on a later date when the property is annexed to the City, shall be brought into compliance within one hundred twenty (120) days. C. Sign Removal Required. A sign that was constructed, painted, installed, or • maintained prior to the date of this ordinance, but for which the required time frame for compliance has lapsed shall be forthwith removed. If such sign is not removed by its owner, the Code Enforcement Officer may direct the City to remove the sign in accordance with A.C.A. §14-54-904. The expense for such removal by the City shall constitute a valid lien upon the subject real property. D. Option to Appeal. Any owner of a nonconforming sign may request consideration for waiver(s) or variance(s) from the City Planning Commission in writing. Section 7: Violations and Penalties. A. Any of the following shall be a violation of this ordinance: 1) To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located; 2) To install, create, or maintain any sign requiring a permit without such a permit; or, 3) To fail to remove any sign that is installed, created, erected, or maintained in violation of this ordinance, or for which the sign ® ordinance has lapsed. B. Penalties for violations of these regulations shall be punishable as provided in Section 2005-11-1 of the Batesville City Code. 8 Section 8: Computations — On-Site Signs That Are Freestanding / Permanent. The following principles shall control the computation of sign area and sign height as described in TABLE ONE. A. Computation of Sign Height. The height of a sign shall be computed as the distance from the grade level of the roadway to which the sign is oriented to the top of the framing along the sign face. The maximum sign height for zones C-1, C-2, 1-1, and 1-2 is fifty (50) feet for on-site signs. B. Computation of Sign Area. The maximum sign area for a single on-site sign that is permanently attached and freestanding is three hundred (300) square feet, except that multiple businesses advertising on the same sign shall add a maximum of forty (40) square feet for each tenant. In any event, the maximum sign area for multiple businesses on the same sign shall not exceed six hundred twenty five (625) square feet. Section 9: Computations of Off-Site Signs. A. Computation of Sign Height. The height of an Off-Site sign shall be computed as the distance from the grade level of the roadway to which the sign is oriented to the top of the framing along the sign face. The maximum sign height for off-site signs • is fifty (50)feet. B. Computation of Sign Area. The maximum sign area for a single-level, Off-Site sign is three hundred (300) square feet. The maximum sign area for a double- stacked off-site sign is two hundred forty (240) square feet for a total combined square footage of four hundred eighty (480) square feet. When Off-Site signs are double-stacked, each board face shall replicate the exact length, height, and shape of its adjoining board. Section 10: Signs Allowed on Private Property With and Without Permits. Signs shall be allowed on private property in the City in accordance with, and only in accordance with TABLE ONE. If the "A" appears for a sign type in a column, such sign is allowed without prior permit approval in the zoning district represented by that column. If the letter"P" appears for a sign type in a column, such sign is allowed only with prior permit approval in the zoning distract represented by the column. Special conditions may apply in some cases. If the letter "N" appears for a sign type in a column, such a sign is not allowed in the zoning districts represented by that column under and circumstances. Section 11: Temporary and Portable Signs. A. Temporary Signs Temporary signs shall be subject to the following requirements: 9 1. Term. A temporary sign shall be allowed for a ninety (90) day period within any continuous one hundred eighty (180) day period. 2. Number. Only two (2) temporary signs may be placed by the same business entity on the same zone lot at any one time. 3. Other Conditions. A temporary sign shall be allowed only in districts with a letter"P" for"Temporary Signs" on TABLE ONE and subject to all of the requirements for temporary signs as noted therein. 4. No permit is required for a temporary sign. B. Political Signs 1. Political signs shall be subject to the following requirements: 2. Term. A political sign may be placed no more than ninety (90) day period prior to the date of the election (primary election or general election) and shall be removed within seven (7) days after the date of the election or any run-off election. 3. Other Conditions. No political sign shall be placed in the public right-of-way or attached as a snipe sign as defined within this ordinance. 4. No permit is required for a temporary sign. Section 12: Design, Construction and Maintenance. A. All signs shall be designed, constructed, and maintained in accordance with applicable provisions of the Uniform Building Code and Electrical Code of the City at all times. B. Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this ordinance, all signs, other than temporary signs, shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure. Section 13: Off-Site Signs (includes, but is not limited to, billboard signs). A. An off-site sign which was in existence as of the effective date of this ordinance, or on a later date when the property is annex to the City, and which was constructed in accordance with the ordinances and other applicable laws in effect on the date of its construction, but by reason of its location is not in conformance with the requirements of this ordinance, shall be considered a grandfathered off-site sign under this ordinance. B. In addition to the sign area and height maximums set forth in the sections above, the following provisions apply to all off-site signs: 1) Allowed only along State or Federal highways; 2) Located in C-1 and C-2 zones only; 10 • 3) Located a minimum of four hundred fifty (450) feet of any other Off-Site sign; 4) No Off-Site sign shall be located within two hundred fifty (250) feet of a line drawn perpendicular to the right-of-way from another billboard on the opposite side of the highway; 5) Sign faces shall be supported by a maximum of two (2) structural steel or other durable metal columns; 6) The face, column, and foundation of the sign shall be designed to withstand a seventy (70) mile an hour wind acting against the full face of the sign. Section 14: Common Signage Plan A. No permit shall be issued for an individual sign requiring a permit unless and until a Common Signage Plan for the zone lot on which the sign will be erected has been submitted to the Code Enforcement Officer and approved by the Code Enforcement Officer as conforming to this section. B. Common Signage Plan. The owner of two or more contiguous (disregarding intervening streets and alleys) zone lots or the owner of a single lot with more than one tenant in the same building (not including any accessory building) shall file with the Code Enforcement Officer for such zone lots a Common Signage Plan conforming with the provisions of this section. C. Provision of Common Signage Plan. The Common Signage Plan shall contain all of the information required for exhibiting a plan that specifies standards for consistency among all signs on the zone lots affected by the Plan with regard to: 1. Color Scheme; 2. Lettering or graphic style; 3. Lighting; 4. Location of each sign on the building; 5. Material; and 6. Sign proportions. D. Limit on number of Freestanding Signs under Common Signage Plan. The Common Signage Plan, for all zone lots with multiple uses or multiple users, shall limit the number of freestanding to a total of two (2) sign stems; one for each street on which the zone lots included in the plan have frontage and shall provide for shared or common usage of such signs. Maximum sign area requirements detailed in the section above applies. E. Other Provision of Common Signage Plan. The Common Signage Plan may contain such other restrictions as the owners of the zone lots may reasonable determine. • F. Consent. The master or Common Signage Plan shall be signed by all owners or their authorized agents in such form as the Code Enforcement Officer shall require. 11 • G. Procedures. A master or Common Signage Plan shall be included in any development plan, site plan, planned unit development plan, or other official plan required by the City for the proposed development and shall be processed simultaneously with such other plan. H. Amendment. A master or Common Signage Plan may be amended by filing a new master or Common Signage Plan that conforms with all requirements of the ordinance then in effect. I. Existing Signs not Conforming to Common Signage Plan. If any new or amended Common Signage Plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into conformance, within five (5) years, all signs not conforming to the proposed amended plan or to the requirements of this ordinance in effect on the date of submission. J. Binding Effect. After approval of a Common Signage Plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any provision of this ordinance. In case of any conflict between the provisions of such a plan and any other provision of this ordinance, the ordinance shall control. Section 15: Setback Requirements. A. Front Setback. No sign shall be located in the public right-of-way, except as specifically allowed in this ordinance. Any Monument sign located within twelve (12) co feet of the back of the curb, edge of roadway pavement or edge of graded roadway shall not exceed forty-two (42) inches in Height to the top of the sign including the base. Any Freestanding sign located within twelve (12) feet of the back of the curb, edge of roadway pavement or edge of graded roadway shall have a minimum clearance or distance of ten (10) feet to the bottom of the lowest point on the sign. B. Side setback. All signs shall be set back a minimum of ten (10) feet from the nearest side property line. C. Exceptions. The setback requirements of this section shall not apply to Wall signs which otherwise conform to all provisions of this ordinance and which are mounted on building walls lawfully sited within the setback space. Section 16: Signs in the Public Right-Of Way. No signs shall be allowed in the public right-of-way, except: A. Permanent signs, including: 1. Public signs erected by or on behalf of a governmental body to post legal notices, identify property (including house, building or lot number), convey public information, and direct or regulate pedestrian or vehicular traffic; • 2. Informational signs of a public utility regarding its poles, lines, pipes, or facilities; and 12 • 3. Awning, projecting, and suspending signs projecting over a public right-of-way in conformity with the conditions of TABLE ONE of this ordinance. B. Emergency Signs. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way. C. Other Signs Forfeited. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the City shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign. D. Time of Compliance. Sign(s) located in the public right-of-way as of the date of the adoption of this ordinance may remain in place and be maintained for a period ending no later than December 31, 2006. Section 17: Use of a Vehicle as a Sign. It shall be unlawful to use a vehicle or a trailer as a sign in circumvention of this ordinance. Section 18: Signs Exempt From Regulation Under This Ordinance. The following signs shall be exempt from regulation under this ordinance: 1) Any public notice or warning required by valid and applicable federal, state, or local law, regulation or ordinance; 2) Any sign inside a building or attached to the inside of a window or door; 3) Traffic control signs on private property, such as Stop, Yield, and similar signs, the face of which meet Department of Transportation standards and which contain no commercial message of any sort. Section 19: Signs Prohibited Under This Ordinance. All signs not expressly permitted under this ordinance or exempt for regulation hereunder in accordance with the previous section are prohibited in the City. Such signs include, but are not limited to: 1) Pennants that are weathered, wind torn, or otherwise tattered; 2) Snipe signs Section 20: Abandoned Signs. All abandoned signs not maintained by the owner after due notice from the Code Enforcement Officer may be removed by the City. Upon completion of the work, the City shall file and have a lien upon the real property for the cost of removing the sign. 13 4 Section 21: Enforcement and Remedies. Any violation or attempted violation of this ordinance or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or any other appropriate proceeding or remedy provided by City Code Section 2005-11-1. In addition, but not limited to, the remedy of the City shall include: 1) Issuing a stop-work order for any and all work on any signs on the same zone lot; 2) In the case of a sign that poses an immediate danger to the public health or safety, such signs are deemed to be a public nuisance and shall be removed by the owner upon notice from the City to remove within a stated time, and if the owner fails or refuses to remove the sign within the time specified, the City may remove the sign and charge the cost of removal to the owner or other responsible party. Section 22: Fee Schedule. A. Sign Permit Fee. The fee for a sign permit approved by the Code Enforcement Officer and issued by the City of Batesville, Arkansas shall be the greater of: • 1) Twenty five ($25.00) dollars, or 2) An amount determined by multiplying the total cost of the sign including installation by five ($5.00) for each one thousand ($1,000.00) dollars of the first five thousand ($5,000.00) of the costs and one ($1.00) dollar for each one thousand ($1,000.00) dollars of costs thereafter. 3) Or such amounts(s) as may be established from time to time by the Batesville City Council. B. Sign Inspection Fee. The fee for inspecting the site work and erection of a Permitted Sign shall be: 1) Twenty five ($25.00) dollars per inspection. Section 23: Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. Section 24: Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance, which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the ordinance. 14 Section 25: Emergency. An emergency exists, and in order to protect the public health, safety, and welfare, this Ordinance shall be in full force and effect from and after the date of its passage. PASSED this 14th day of March, 2006. ATTEST: APPROVED: Y-�' a?a— & �gz— Denise M. Johnston, City Oerk Mayor Joe N. Biard APP D AS TO L FORM: Cott Stalker, i orney 15