HomeMy WebLinkAboutRESOLUTION NO 15 06 341STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 15-06-341
A RESOLUTION OF THE MILTON CITY COUNCIL
ENACTING AN EMERGENCY 30-DAY MORATORIUM
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 moratorium imposed by this Resolution shall terminate on the earliest date of (1) 30
days from the date of adoption of this Resolution; (2) approval by the Milton City Council of an
additional moratorium after a public hearing; (3) the adoption of an amendment of the current
City Sign Ordinance; or ( 4) Council action terminating the moratorium 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 moratorium may be
processed and, if appropriate, a permit issued. Any sign permitted based upon an application
having been tendered prior to the moratorium may be erected during the moratorium 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:
2