ORD NO 02-2014 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. a. 2014
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO. 11 -2001,
TO ESTABLISH REGULATIONS GOVERNING THE
PLACEMENT AND MAINTENANCE OF DIGITAL
BILLBOARDS AND TO AMEND SECTIONS 3.0 AND 5.0
PERTAINING TO SIGNS ALLOWED WITHOUT A
PERMIT AND CERTAIN PROHIBITED SIGNS, IN THE
CITY OF VAN BUREN, ARKANSAS, AND DECLARING
AN EMERGENCY.
WHEREAS, Ordinance No. 11 -2001 established regulations governing the placement and
maintenance of signs in the City of Van Buren, but did not make reference to
digital billboards; and
WHEREAS, in an effort to preserve the public peace, health, safety, and welfare of the citizens
of Van Buren, Arkansas, provisions will be added to the sign ordinance to require
certain signs to be located out of any right -of -way or within ten (10) feet of the
property line and to prohibit certain trailers to be used as signs; and
WHEREAS, notice of a Public Hearing was duly published, and a Public Hearing was
conducted by the Van Buren Planning Commission to consider these
amendments; and
WHEREAS, the proposed amendments herein were recommended by a unanimous vote of the
entire Planning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: The Van Buren sign code established by Ordinance No. 11 -2001 is hereby
amended to read as follows:
2.0. Definitions and Interpretations
Hereby amending to add the following definition after "Construction Sign
"Digital Billboard"
An off -site sign utilizing digital message technology, capable of changing the static
message or copy on the sign electronically. A digital billboard may be internally or
externally illuminated. Digital billboards shall contain static messages only, and shall
not have animation, movement, or the appearance or optical illusion of movement, of
any part of the sign structure. Each static message shall not include flashing or the
varying of light intensity.
3.0 Signs Allowed in all Zoning Districts Without a Permit
Hereby amending to add certain language to 3.17:
3.17 Announcements by public or non profit organizations of fund raising events, or promoting
special events or activities of interest to the general public, other than political signs. Such signs
shall not exceed six (6) four (4) square feet in area for residential uses in residential districts and
thirty two (32) four (4) square feet in area for nonresidential districts and nonresidential uses in
residential districts. Signs shall be limited to one (1) per event. The sign may be erected up to
three (3) weeks prior to the event and shall be removed within seven (7) days after the event.
a) Such signs shall not be located within any right -of -way or within ten (10) feet of property
line.
5.0 Prohibited Signs
Hereby amending to add certain language to 5.01 and 5.06:
The following signs shall be prohibited, and may neither be erected nor maintained:
5.01 Signs with flashing effects or rotating lights, except for digital billboards that meet the
requirements set forth in Section 7.11 herein; however, this provision shall not prohibit signs
with an alternating electronic display of time or temperature or text messages.
5.06 Signs attached or painted on vehicles or trailers which are parked and visible from the
right -of -way, unless said vehicle or trailer is used in the normal day -to -day operations of the
business.
7.11 Billboards
Hereby amending to add the following language to 7.11 at the end of Paragraph 7 thereof:
"Digital Billboards are permitted hereunder provided the Digital Billboard meets the
minimum requirements set forth in 7.11 in addition to the following:"
a. Operational Limitations. Such displays shall contain static messages only,
and shall not have movement, or the appearance or optical illusion of movement
during the static display period, of any part of the sign structure, design, or pictorial
segment of the sign, including the movement or appearance of movement. Each static
message shall not include flashing lighting or the varying of light intensity.
b. Minimum display time. Each message on the sign must be displayed for a
minimum of (8) eight seconds.
c. Digital billboards shall not operate at brightness levels of more than 0.3
foot candles above ambient light, as measured using a foot candle meter at a pre -set
distance from the center of the sign at five feet above ground level.
d. Pre -set distances to measure the foot candles impact vary with the
expected viewing distances of each size sign. Measurement distance criteria:
Nominal Distance to
Face Size be measured from:
12' x 25' 150'
10'6" x 36' 200'
14' x 48' 250'
e. Each display must have a light sensing device that will adjust the
brightness as ambient light conditions change.
9.0 Nonconforming Signs
Hereby amending to add the following language at the end of the second paragraph thereof after
the words "structure of the sign
A nonconforming sign shall not be replaced by another nonconforming sign, except
that the substitution or interchange of message, poster panels, painted boards or
dismountable material on nonconforming signs shall be allowed, as long as no
changes are made to the structure of the sign except in the event a nonconforming
sign is replaced by a Digital Billboard. A nonconforming sign may be replaced by a
Digital Billboard only if it does not increase or add to the nonconformity of the sign.
SECTION 2: The provisions of this ordinance are hereby declared to be severable and if any
section, phrase, provision, or application shall be declared or held invalid, such
invalidity shall not affect the remainer of the sections, phrases, provisions, or
applications.
SECTION 3: In order to preserve the public peace, health, safety, and welfare of the citizens of
Van Buren, Arkansas, an emergency is hereby declared to exist and this
Ordinance shall be in full force and effect from the date of its passage and
approval.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of 5 for and 0 against the foregoing Ordinance at its
regular meeting held on the 17 day of March 2014.
Robert i Fre
Mayor
ATTESTED: P' O AS T S FORM:
Git=e,
Barbie Curtis Candice A. Settle
City Clerk/Treasurer City Attorney