HomeMy WebLinkAboutRESOLUTION NO 15 07 346J
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 15-07-346
A RESOLUTION OF THE MILTON CITY COUNCIL
LIFTING THE TEMPORARY MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS FOR SIGN PERMITS
AND OTHERWISE ERECTING SIGNAGE IN MIL TON,
PLACING A TEMPORARY MORATORIUM ON CITY
ENFORCEMENT OF CERTAIN ELEMENTS OF THE SIGN
CODE, PROVIDING INTERPRETATION OF THE SIGN
CODE, AND OTHERWISE AUTHORIZING FURTHER
MODIFICATIONS TO THE SIGN CODE
WHEREAS, the City of Milton Sign Ordinance ("Sign Ordinance") currently regulates
the use of signage throughout Milton, Georgia ("City"); and
WHEREAS, on June 18, 2015, the United States Supreme Court adopted sweeping
restrictions on government regulation of signs in Reed v. Town of Gilbert, 2015 WL 2473374
(June 18, 2015) ("Reed decision") in which one Justice noted "thousands of towns have such
ordinances ... and courts will have to invalidate one after the other"; and
WHEREAS, the Milton City Council ("Council") requested the City Attorney evaluate
the impact of the Reed decision and whether any revisions need to be made to the City's Sign
Ordinance in order to satisfy the requirements set forth in the Reed decision; and
WHEREAS, on June 24, 2015 the Milton City Council adopted a temporary moratorium
discontinuing the acceptance of further sign permit applications and otherwise prohibiting the
erection of signage within Milton, except temporary standard informational signs; and
WHEREAS, a true and correct copy of the June 24, 2015 moratorium is attached hereto
as Exhibit A; and
WHEREAS, the City Attorney has now completed his review of the Sign Ordinance and
believes that lifting the moratorium on accepting sign applications and the erection of signage is
appropriate, so long as certain discrete actions are undertaken in tandem with such action; and
WHEREAS, it is the policy and objective of Milton that citizens and residents be entitled
to speak/communicate by way of signage, and that the City government should err, if at all, on
the side of allowing the erection of signage to resume; and
WHEREAS, one of the safeguards necessary to be instituted contemporaneous to lifting
the moratorium is a corresponding moratorium on the City government to prevent the
enforcement of certain provisions of the Sign Ordinance -while those provisions are being
amended; and
WHEREAS, because such a moratorium is a prohibition on the enforcement of
regulations limiting speech, the Milton City Council believes this is a constitutionally
appropriate way to ensure that Milton citizens, residents and businesses are afforded the
maximum opportunity to communicate through signage while modifications to the Sign
Ordinance are otherwise ongoing; and
WHEREAS, in light of these policy objectives, and given the Council's belief that the
existing Sign Ordinance is generally compliant with Reed, the Council believes lifting the
moratorium -subject to certain additional safeguards and policy directives to staff -is
appropriate and in the best interests of the health, safety and welfare of the citizens and residents
of Milton, Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE
CITY OF MILTON, GEORGIA, AS FOLLOWS:
1. That the moratorium on signage that became effective on June 24, 2015 , as
reflected in Exhibit A, is hereby lifted effective immediately.
2. That effective as of the adoption of this Resolution, Milton shall immediately impose the
following restrictions, moratoria, and limitations on City staff enforcement and construction of
the Sign Ordinance:
a. Section 64-2241, defining a "Flag" to be "[A]ny fabric or bunting containing
colors, patterns, or symbols used as a government or other legal entity or legally
organized organization" is hereby declared unenforceable and subject to a
moratorium on enforcement, and is modified, for enforcement purposes, to the
following definition, "[A]ny fabric or bunting containing colors, patterns, or
symbols;"
b. Section 64-2241 , defining "Illegal activity signs' is hereby declared unenforceable
and subject to a moratorium on its enforcement;
c. Section 64-2241 (b)( 4 ), regarding "Findings" is hereby declared unenforceable
and subject to a moratorium on its use or enforcement;
d. Section 64-2267(1), stating that an Application shall contain the "[t]ype and
purpose of the sign as defined in this article" is hereby declared unenforceable
and subject to a moratorium on enforcement, and is modified, for enforcement
purposes, to the following : "[t]ype ofthe sign as defined in this article;"
e. Section 64-2268(b ), stating that the "Failure of the city to act within the 30-day
period shall be deemed a denial of the permit" is hereby declared unenforceable
and subject to a moratorium on its enforcement, and is modified for enforcement
purposes, to the following: "Failure of the city to act within the 30-day period
shall be deemed as an automatic approval of the permit;"
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f. Section 64-2303(1)(a)(2), authorizing Temporary standard informational signs
between the "date of qualification of the candidate or the referendum question and
final determination on each ballot issue or candidate." This sentence providing as
follows, "All such signs shall be removed within seven calendar days after the
purpose of which the sign is intended has been accomplished," is hereby declared
unenforceable and subject to a moratorium on its enforcement, and is modified,
for enforcement purposes, to state as follows: "All such signs shall be removed
within seven calendar days after a final determination on that election item or
referendum that triggered the right to erect the sign;"
g. Throughout the zoning district-specific sections of the Sign Ordinance, the
following provisions may be found and, for purposes of enforcement, shall be
treated in the following manner:
1. Language providing that "Each development may post one banner,
maximum 24 square feet, maximum five feet tall, for a maximum of 40
days, during graduation season (from May 1 to June 15). A permit is not
required" is hereby declared unenforceable and subject to a moratorium on
its enforcement, and is modified, for enforcement purposes, such that
wherever this language exists in the Sign Ordinance, it shall read as
follows: "Each development may post one banner, maximum 24 square
feet, maximum five feet tall, for a maximum of 40 days, between May 1 to
June 15. A permit is not required;"
n. Language describing a "seasonal expression sign" is hereby declared
unenforceable and subject to a moratorium on its enforcement, and is
modified, for enforcement purposes, such that all references shall be only
to an "expression sign;"
n1. Language describing "Grand Opening Event Signage" is hereby declared
unenforceable and subject to a moratorium on its enforcement, and is
modified, for enforcement purposes, such that the availability of a
specialty package of signage is authorized within two months of issuance
of a certificate of occupancy; but a moratorium is placed on enforcement
to the extent the content or message on such signage must be related to
any particular subject matter; and
1v. Language in any Overlay District exempting "store hour" signage from the
percentage limit calculations is hereby declared unenforceable and subject
to a moratorium on its enforcement.
3. For the period during which this Resolution is effective, and until such time as further
modifications to the Sign Ordinance are formally adopted thereby negating this Resolution by
operation of law, City staff are hereby instructed and directed that the Sign Ordinance shall be
interpreted in such a manner that the availability, land use, or other triggering event or condition
for an entitlement to apply for, erect, or place signage within Milton shall not have the effect of
dictating or controlling in any manner the content of the message that may be placed upon such
signage, it being the expressed intention of Milton that the Milton Sign Ordinance be content
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viewpoint, and speaker neutral and fully consistent with the Supreme Court's guidance in Reed
v. Town of Gilbert.
4. This Resolution shall remain in effect and control the interpretation and construction of
the Milton Sign Ordinance while City staff and the City Attorney prepare formal amendments to
the Sign Ordinance consistent with the above. Upon the adoption of an amended Sign Ordinance
consistent with this Resolution, to include any other Sign Ordinance amendments that are
otherwise deemed appropriate by the City Council, this Resolution shall be of no further force
and effect without the need for formal action.
SO RESOLVED this 20 day of July, 2015, the public's health, safety, and welfare
demanding it.
City of Milton, Georgia by and t ough its City Council
Joe Lockwood, Mayor
Attest:
Sudie AM Gordon, City Clerk
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STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 15-06-341
A RESOLUTION OF THE MILTON CITY COUNCIL
ENACTING AN EMERGENCY 30-DAY MORA TORlUM
ON ACCEPTANCE OF APPLICATIONS FOR SIGN
PERMITS AND OTHERWISE PROHIBITING THE
ERECTION OF SIGNS THAT DO NOT REQUIRE A
PERMIT, EXCEPT FOR TEMPORARY STANDARD
INFORMATION SIGNS
WHEREAS, the City of Milton Sign Code ("Sign Ordinance") currently regulates the
use of signage throughout Milton, Georgia ("City"); and
WHEREAS, on June 18, 2015, the United States Supreme Court adopted sweeping
restrictions on government regulation of signs in Reed v. Town of Gilbert, 2015 WL 2473374
(June 18, 2015) ("Reed decision") in which one Justice noted ''thousands of towns have such
ordinances ... and courts will have to invalidate one after the other"; and
WHEREAS, the City Council for the City of Milton ("Milton") has asked the City
Attorney to evaluate the impact of the Reed decision and whether any revisions need to be made
to the City's Sign Ordinance in order to satisfy the requirements set forth in the Reed decision;
and
WHEREAS, the Council desires to continue to protect the interests of public health,
safety and welfare (including, but not limited to, traffic safety and aesthetics) while the Council
considers the impact of the Reed decision; and
WHEREAS, the Georgia Supreme Court has held that a moratorium with respect to
application of a zoning ordinance may be put in place for a reasonable period of time without the
necessity of complying with the notice requirements of the Georgia Zoning Procedures Law; and
WHEREAS, the Council finds it appropriate that a moratorium barring for 30 days the
acceptance of applications for sign permits pursuant to the City's Sign Ordinance and further
barring for 30 days the erection of any signage that otherwise is exempt from permitting under
the City's Sign Ordinance, provided, however, that temporary standard informational signs under
64-2302(1)(a)(2) shall be allowed during the moratorium period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE
CITY OF MILTON, GEORGIA, AS FOLLOWS:
1. The Milton City Council does hereby enact a moratorium barring for 30 days the
acceptance of applications for sign permits pursuant to the City's Sign Ordinance and further
barring for 30 days the erection of any signage that otherwise is exempt from permitting under
the City's Sign Ordinance, provided, however, that temporary standard informational signs under
64-2302(1)(a)(2) shall be allowed during the moratorium period.
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 15-06-341
2. The moratoriwn imposed by this Resolution shall terminate on the earliest date of(l) 30
days from the date of adoption of this Resolution; (2) approval by the Milton City Council of an
additional moratoriwn after a public hearing; (3) the adoption of an amendment of the current
City Sign Ordinance; or ( 4) Council action terminating the moratoriwn within the 30 day period.
3. This Resolution shall be effective immediately upon a majority vote by the Milton City
Council.
4. Any sign permit application that has been received prior to the moratoriwn may be
processed and, if appropriate, a permit issued. Any sign permitted based upon an application
having been tendered prior to the moratoriwn may be erected during the moratoriwn period.
SO RESOLVED this 24th day of June, 2015, the public's health, safety, and welfare
demanding it.
City of Milton, Georgia by and thr ugh its City Council
Joe Lockwood, Mayo
Attest:
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