Sections:
7.40.01 Definitions
7.40.02 Regulated Off-Premise Sign Requirements
7.40.03 Applications and Registrations
7.40.04 Fees and Maintenance
7.40.05 Enforcement
7.40.01 Definitions
Billboard. A billboard is a free-standing sign over thirty-two (32) square feet, having no more than two (2) sign faces, which meets any one or more of the following criteria:
A. A permanent structure sign which is used for display of offsite commercial messages;
B. A permanent structure sign which constitutes a principal, separate or secondary use, as opposed to an accessory or ancillary use, of the parcel on which it is located;
C. An outdoor sign used as advertising for hire, i.e., on which display space is made available to parties, other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when such space is on the same parcel as the sign) in exchange for a rent, fee, or other consideration; or
D. An offsite outdoor advertising sign on which space is leased or rented.
Billboards do not include on-premises commercial or non-commercial signs as defined by the City of Mayflower Planning and Zoning Ordinance, as amended, and their accompanying regulations.
Free standing sign. A permanently installed sign supported upon the ground by poles or braces not attached to a building.
Maintenance. The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic design, structure, or location.
Owner. A person identified and recorded as such on official records. For the purpose of this chapter, the owner of the property on which a sign is located is presumed to be the owner of the sign, unless official records required by this chapter indicate otherwise.
Permanent sign. To set, fix, or secure in or on a support. Thereby allowing such sign to become a fixed object to be used for the purpose of, or to identify the purpose of a person, entity, establishment, produce, good, service, or event or to communicate information of any kind to the public.
Sign. Any device, structure, fixture, or placard using graphics, symbols, color and/or written copy to advertise, to announce the purpose of, or to identify the purpose of a person, entity, establishment, product, good, service, or event or to communicate information of any kind to the public.
Sign facing. The directional view of a sign visible from the approaching traveled hwy.
(Ord. No. 2017-02, Sec. 1)
7.40.02 Regulated Off-Premise Sign Requirements
A. Within one hundred twenty (120) days after the effective date of this chapter, the city shall compile an inventory of existing billboards within the city. Until the inventory is completed, no billboard shall be erected, modified, or relocated, nor shall the City of Mayflower issue any permits. Following completion of the inventory, the city shall grant a billboard permit for each existing reflecting the location, size, height, zoning, and the degree of conformity with the requirements of this chapter.
B. The regulated billboard requirements of this chapter are to ensure there are no unplanned construction of billboards, and that there are no pedestrian, vehicular traffic safety, hazardous situations, or obstructions to utility service access and setback requirements within the city limits of Mayflower because of poor visibility, congestion, and obstructions on the roads and highways, and that the welfare of the city is protected by preventing visible clutter and blight and by promoting a positive aesthetic impact.
C. All inventoried billboards or those billboards under contract prior to the adoption of this chapter are grandfathered within the city limits of Mayflower.
D. Billboard requirements:
- There will be no new billboards allowed within the city limits of Mayflower, Arkansas, except where allowed along Interstate 40 according to Arkansas Highway Department and federal highway regulations and rules, but they will be spaced no closer than one thousand (1,000) feet in any direction to another billboard.
- Billboards on Arkansas Highway 365, Highway 89, and Interstate 40, within the Overlay District must comply with the requirements of the Overlay Districts.
- Billboards shall not be altered with regard to size, shape, orientation, height, or locations without the prior issuance of a billboard alteration or relocation permit. All such permits shall require full compliance with the provisions of this chapter. Ordinary and necessary repairs which do not
( change the size, shape, orientation, height, or location of an inventoried billboard shall not require alteration permits. - Billboards will meet the City of Mayflower, Arkansas Highway Department, and federal highway regulations. An application/registration request must be submitted to the Mayflower Planning Commission for review and approval.
- Except as stated in subparagraph 13 below, the number of commercial signs per billboard shall comply with the standards provided for in Regulations for Control of Outdoor Advertising on Arkansas Highways as provided for by the Arkansas Highway Department.
- All non-grandfathered billboards will have a maximum size of fourteen (14) feet by forty-eight (48) feet and no more than two (2) faces per pole will be spaced no closer than one thousand (1,000) feet from another billboard.
- No billboard shall be located in such a position that it obstructs or obscures the view of vehicular or pedestrian traffic in such a manner as to endanger the safe movement thereof.
- No billboard shall be permitted whenever property zoned residential would be between the sign and the roadway toward which it is oriented.
- No part or foundation or support of any billboard shall be placed on, in, or over any public property, including public rights-of-way, or any utility or drainage easement, or upon telephone or utility poles, prominent or significant natural features that add to the aesthetic character of the City, except for the following:
a. Signs, displays, and devices which locate, identify, mark, or warn of the presence of pipelines, utility lines, or rail lines and appurtenances thereto, including, but not limited to, markers used in
maintenance, operation, observation, and safety.
b. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct and regulate pedestrian or vehicular traffic. - No wood pole billboard may be upgraded to a monopole.
- New, replacement, upgraded, or relocated billboards will be single faced and no more than two sides.
- After the effective date of this chapter, it shall be unlawful for any person to erect, expand, move, or place any billboard which does not conform to the requirements set forth herein.
- All billboards other than those allowed herein are prohibited within the city limits:
(Ord. No. 2017-02, Sec. 2)
7.40.03 Applications and Registrations
A. Applications for billboards to be located within the city limits will have a plan sheet showing, but not limited to, the following: location, materials list, methods of construction, anchoring and supporting, landscape plan, and certification of compliance to all federal, state, and/or city codes.
B. Applications will be turned into the planning commission office before the deadline for the regularly scheduled monthly meeting.
C. All existing billboards or those under contract prior to the adoption of this chapter, which are located with the city limits are not subject to application or building fees. However, all billboard owners, unless otherwise exempted in this chapter will be required with the City of Mayflower Permit Office for purposes of obtaining a valid permit and establishing the annual billboard permit fee.
D. The planning commission shall take appropriate action of applications for permits under this chapter and issue a decision within thirty (30) days thereafter. Should a decision not be reached within thirty (30) days, the application shall be deemed to be denied.
E. Should an application be denied, the applicant may appeal the decision to the planning commission within thirty (30) days of the denial. The planning commission shall hold a public hearing at the next regularly scheduled meeting. After the public hearing is closed, the planning commission shall make a decision based upon the regulations of this chapter and by evidence supported in the record.
F. While any appeal is pending, status quo of billboards or proposed billboards shall be maintained, unless by virtue of its physical condition the sign presents immediate and significant threat to public safety.
G. Substitution of any non-commercial message, in whole or in part, on any existing, legal sign, may be made without any permitting approval.
(Ord. No. 2017-02, Sec. 3)
7.40.04 Fees and Maintenance
A. Purpose.
The purpose of the annual permit fee is to offset the cost to the City of Mayflower of enforcement of this chapter and should not be construed as a charge for the privilege of
B. General administrative.
1. Billboard building permit, one-time fee, is seventy-five dollars ($75.00)
2. Annual billboard permit fees will be for the period January 1 through December 31 (annually).
3. Billboard owners will be required to apply and pay annual permit fees to the City of Mayflower Permit Office not later than January 1 of each year. If fees are not paid by January 30 of each year, the section providing for enforcement, will apply as stated below.
C. Annual permit fees for billboards within the Mayflower City limits will be one hundred twenty-five dollars ($125.00) annually per panel for billboards larger than four feet by eight feet. Any billboard four feet by eight feet or smaller will incur an annual permit fee of twenty-five dollars ($25.00).
D. The owner shall maintain all free-standing billboards and the premises surrounding the sign in a clean, sanitary, and inoffensive condition, free of all obnoxious substances, rubbish, and weeds.
E. All billboards shall be properly maintained at all times. Exposed surfaces shall be clean and painted (if paint is required). Defective parts shall be replaced.
F. Construction and placement of all billboards must conform to the applicable traffic codes of the city and in no way restrict the safe view and/or efficient movement of traffic.
(Ord. No. 2017-02, Sec. 4)
7.40.05 Enforcement
A. Code enforcement shall send a certified letter notifying the billboard owner of non-payment of fees, damage, safety violation, hazard, non-maintenance, or noncompliance with this chapter. From the day of receipt of this certified letter, the owner will have twenty (20) days (included Saturdays and Sundays) to show the violation(s) have been resolved or repair(s) have been arranged or completed.
B. If the notice is for non-payment of fees, the billboard owner will have thirty (30) days to remit and for code enforcement to receive fees owing before and twenty-five (25) percent additional late fee penalty is assessed. All other notifications by code enforcement shall be remedied within twenty (20) days. If the notified violation is not remedied within twenty (20) days, then code enforcement may then issue the
billboard owner a citation with potential fines up to five hundred dollars ($500.00) per violation. Each day after the twentieth (20th) day after the receipt of the initial certified letter shall constitute a separate violation for purposes of enforcement.
C. If the violation(s) is not addressed within sixty (60) days of receipt of the initial certified letter, the city will withdraw the permit and have the billboard removed at the owner’s expense.
D. These time periods and limitations shall commence to run upon the receipt of the first letter receive by the billboard owner from the City of Mayflower for each individual violation. The time shall not be affected, re-initialized, or excluded in any manner, even by the receipt of subsequent letter(s) by the billboard owner for the same offense.
(Ord. No. 2017-02, Sec. 5)
