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HomeMy WebLinkAboutORDINANCE NO 15 12 266F I i STATE OF GEORGIA ORDINANCE NO. 15-12-266 COUNTY OF FULTON RZ15-27 AN ORDINANCE TO AMEND THE SIGNS, ARTICLE XVI OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on December 21, 2015 6:00 p.m. as follows: SECTION 1. That the attached amendments to Article XVI of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 2151 day of December, 2015. Attest: �� 6 d Sudie AM Gordon, City Cferk i Joe Lockwood", Mayor Page 1 1 1 ARTICLE XVI. - SIGNSU Footnotes: --- (10) --- Editor's note—Section 1 of Ord. No. 12-02-128, adopted Feb. 22, 2012, amended art. XVI in its entirety to read as herein set out. Former art. XVI, §§ 64-2241-64-2245, 64-2265-64-2272, 64-2292-64-2303, 64-2323-64-2326, pertained to similar subject matter, and derived from Ord. No. 09-04-40, art. 33, §§ 2-26.3, adopted April 27, 2009, and Ord. No. 09-06-447 art. XXXIII, § 11, adopted June 15, 2009. DIVISION 1. - GENERALLY Sec. 64-2241. - Definitions. Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases not defined in this section, but defined elsewhere in the city zoning ordinance, shall be given the meanings set forth in such 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 article. Abandoned sign means any sign that contains or exhibits broken panels, visible rust, visible rot, damaged support structures, or missing letters or which is otherwise dilapidated, unsightly, or unkempt, and for which no person accepts maintenance responsibility. Animated sign means any sign, or part of a sign, that uses any movement or change of lighting or color to depict action or create a special effect or scene. Audible sign means any sign which emits a sound which is audible or emits a signal which can be converted into audible sounds, whether by radio or other means- Awning/canopy sign. (1) The term "awning/canopy sign" means 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. (2) The term "awning/canopy sign" does not include a marquee. Banner means a sign other than a flag with or without characters, letters, illustrations or ornamentation applied to cloth, paper, vinyl or fabric that is intended to be hung either with a frame or without a frame. Neither flags nor awning/canopy signs are considered banners. Beacon means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move. Billboard means a freestanding sign with an area of more than 120 square feet. Blade/shingle sign means a sign which extends out from a building face or wall so that the sign face is perpendicular or at an angle to the building face or wall. Clerestory means any high windows above eye level. Changeable copy sign means any sign that incorporates changing lights, lettering, or images to form a sign message or messages, whether such changes are accomplished electronically or manually. Page 2 City means the City of Milton, Georgia. City council means the City Council of the City of Milton, Georgia. Department means community development department, or such other department as is given authority to implement this authority by the city. Director means the director of the community development department, or such other department as is given authority to implement this authority by the city, or his or her designee. Fall zone means an area equal to 133 percent of the height of the structure in every direction. Flag means any fabric or bunting containing colors, patterns, or symbols. Flashing sign means a sign, the illumination of which is not kept constant in intensity at all times when in use or which exhibits marked changes in lighting effects. Freestanding sign means 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. They are permanently affixed signs which are wholly independent of a building for support. Graffiti means unauthorized writing or drawing on the facade of any building, sign, path, accessory structure, wall, fence, or other site element. Illuminated sign, external, means a sign illuminated by an external light source. Such source cannot be a device that changes color, flashes or alternates. Illuminated sign, internal, means a sign illuminated by an internal light source, including electric lights, luminous tubes, LED, neon, fiber optics, fluorescent. Such source cannot be a device that changes color, flashes, or alternates. Imitation traffic signs means signs which contain or are an imitation of an official traffic sign or signal or contain the words "stop," "go," "slow," "caution," "warning," or similar words in such a manner as to resemble official traffic control signs. Kiosk means a small structure with one or more sides that is used to vend merchandise or services. Landscape strip means an area required by this zoning ordinance or by conditions of zoning which is reserved for the installation and maintenance of plant materials. LED means an electronically controlled sign utilizing light -emitting diodes to form some or all of the sign message. Lot means a parcel of land that is of sufficient size to meet minimum zoning requirements for lot area, coverage, and use and that can provide such yards and other open spaces as required by the zoning standards. Lollypop sign means a pole sign with an additional three-dimensional shape or sign on the top. Marquee or marquee sign means any permanent rooflike structure projecting beyond a building or extending along and projecting beyond the wall of the building. Monument means a freestanding sign with a base width of not less than the width of the sign face. Moving sign means a sign which revolves, rotates, swings, undulates, or otherwise attracts attention through the structural movement of parts. Multitenant means one or more buildings, located on a single premises or development, containing two or more separate and distinct individual licensed business, which occupy separate portions of the building or buildings, and which are physically separated from each other by walls. Neon sign means neon or other inert gas filled tubing signs. This definition includes lighted banding used as trim around buildings or windows. Nonconforming sign means any sign which was lawfully erected and maintained prior to the adoption, revision or amendment of this article XVI of the City of Milton Zoning Chapter, but which, by Page 3 reason of such adoption, revision, or amendment, no longer meets or conforms to one or more such requirements within article XVI. Obscene. Material is obscene if to the average person, applying contemporary community standards, taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion, the material taken as a whole lacks serious literary, artistic, political or scientific value; and the material depicts or describes, in a patently offensive way, sexual conduct specifically defined as: (1) Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated, (2) Acts of masturbation, (3) Acts involving excretory functions or lewd exhibition of the genitals; (4) Acts of bestiality or the fondling of sex organs of animals; or (5) Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship. Pennant or streamer means 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 a series, designed to move in the wind. Permanent sign means any sign which, when installed, is intended for permanent use, and is of a type and construction as not to be easily or readily removed from the lot on which it has been erected. Permit means a sign permit reviewed, approved, and issued by the city community development department. Permittee means the person or entity owning or leasing the land on which the sign is erected or for which an application has been submitted. Person means a natural or legal person, including a firm, organization, partnership, trust, and corporation. Pole sign means a freestanding sign with visible support structures. Portable sign means a sign which is not permanently affixed to the ground or to a structure including, but not limited to, signs on trailers or signs mounted or painted on vehicles which are either parked or moving, in such a manner as to serve the purpose of a sign. Principal building means the building in which the principal use of the lot is conducted. Nonresidential lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other structures with clearly accessory uses shall not be considered principal buildings. Projecting sign means any sign which is suspended or projected from the wall, eave, or soffit of the building. Public sign means any sign erected by a governmental entity. Pylon sign means a freestanding sign with visible support structure or with the support structure enclosed with a pole cover. Roof sign means any sign erected and constructed wholly on and over the roof of a building, or supported by the roof structure. Shingle/blade sign means a sign which extends out from a building face or wall so that the sign face is perpendicular or at an angle to the building face or wall. Sign means any device, fixture, placard, or structure affixed to, supported by, or suspended by a stationary object, building or the ground that uses any color, form, graphic, illumination, symbol, or writing to communicate information of any kind to the public. Sign face means that part of a sign that is or can be used for advertising purposes. Page 4 Sign kiosk means a small structure for advertising that contains signs. Standard informational sign means a sign with an area of not greater than four square feet, with a sign face made for short-term use, containing no reflecting elements, flags, or projections and which, when erect, stands at a height not greater than three feet and is mounted on a stake or metal frame with a thickness or diameter not greater than 1'/2 inches. Temporary sign means any sign of nonpermanent nature. Wall sign means any sign attached parallel to a wall, painted on the wall surface or 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. Water tower means a tower or standpipe serving as a reservoir to deliver water at a required head, whether in use, no longer in use or an architectural feature. Window sign means any sign that is affixed to the exterior of the window or window panes, or affixed to the interior of the window or window panes or the sign is located within the structure and the message is reasonably discernable from the nearest public or private road. Window signs include decals and images painted onto the glass. Windows do not include architectural features. Zoned development means property subject to a single zoning application. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2242. - Purpose and findings. (a) Purpose. This article was enacted with the following purposes: (1) To protect the rights of individuals and businesses to convey their messages through signs, (2) To encourage the effective use of signs as a means of communication; (3) To promote economic development; (4) To improve traffic and pedestrian safety as it may be affected by distracting signs; (5) To prevent the destruction of the natural beauty and environment of the city and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting, informal landscaping, and preserve the historic character of the city; (6) To encourage and ensure that development that is context -sensitive in design and materials compliments and is compatible and sensitive with the existing character of the area through its proportion, scale, design, style, placement, position, and architectural qualities that further the distinct values of the city; (7) To protect the public health, safety, and general welfare; (8) To restrict the continued existence of abandoned or nonconforming signs unless in compliance with the terms of this article and to eliminate, over time, all nonconforming signs; (9) To ensure the fair and consistent enforcement of sign standards, and (10) To make it easier, quicker, and more economically efficient to apply for a sign permit. (b) Findings. This article was enacted with the following findings in mind: (1) The city finds that signs are a proper use of private property, are a means of personal free expression and a necessary component of a commercial environment. As such, signs are entitled to the protection of the law. In the absence of regulation, however, the number of such signs tends to proliferate, with property owners' desiring ever increasing numbers and sizes of signs, leading to cluttered and aesthetically blighted thoroughfares. In addition, the competition among competing sign owners for visibility of their signs contributes to safety hazards for both Page 5 vehicles and pedestrians and undermines the sign owners' original purpose of presenting a clear message of its idea or identification of its premises. (2) The city further finds that the regulation of the size, height, number and spacing of signs is necessary to protect the public safety, to ensure compatibility of signs with surrounding land uses, to enhance the business and economy of the city, to protect the public investment in the streets and highways, to maintain the tranquil environment of residential areas, to promote industry and commerce, to eliminate visual clutter and blight, to provide an aesthetically appealing environment, and to provide for the orderly and reasonable display of advertising for the benefit of all the city's citizens. (3) The city further finds that there is a substantial difference between signs erected by public authority and signs erected by private citizens or businesses. Signs erected by public authority are virtually all erected for the purpose of maintaining the public safety either through direct control of traffic or through provision of such type signage as street signs which enable the traveling public to know where they are located and to find where they are going. As such, with the exception of signs identifying government buildings, virtually all government signs are erected purely for public safety purposes. Moreover, their use in the public right-of-way is necessary to ensure their visibility to the motoring public. The city commission finds that public utility signs are frequently of the same nature as those signs erected by governmental entities in that they provide necessary information to safeguard the public from downed power lines and from street excavations. Even where signs serve a propriety purpose, such as identifying markings on utility poles, those signs are marked primarily for the purpose of benefiting the public generally through identification of locations where there may be temporary losses of power. (4) Reserved (5) The city further finds that most of the city is unique when compared to surrounding areas in terms of the rural, pastoral and equestrian nature of its land uses. Examination of such factors as the lack of sewerage of the majority of its land area, the resulting minimum lot size, the lack of commercial development outside overlay districts and purposefully developed commercial corridors and the large number of agricultural and related uses such as horse farms set the city apart from the more commercialized and developed municipalities which surround it. The preservation of this atmosphere and lifestyle was a major factor in the drive to incorporate the city as its own unique city. Accordingly, the city determines that it has a substantial government interest in striking a proper balance between the right of freedom of expression in terms of the time, place and manner of signage with the need to preserve the pristine character of the city. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2243. - Director's duty to administer and enforce. The director of the department is hereby authorized and directed to administer and enforce this article, unless otherwise specifically provided by an ordinance of the city council. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2244. - Applicability. The standards of this article shall apply to all signs erected within the city's corporate limits. This includes those areas that have been or will be annexed into the city corporate limits. (Ord. No. 12-02-128, § 1, 2-22-2012) Page 6 Sec. 64-2245. - Severability. Should any article, section, clause, or provision of this article be declared by a court of competent jurisdiction to be invalid, such action shall not affect the validity of the ordinance as a whole or any part hereof other than the part so declared to be invalid, it being the intent of the city council that each article, section, clause, and provision hereof be severable. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 24-2246 – Content Neutrality Notwithstanding any provisions to the contrary contained herein, this article 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 the city 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 the city that this article be content, viewpoint, and speaker neutral. Secs. 64-2247-64-2264. - Reserved. DIVISION 2. - PERMITS Sec. 64-2265. - Required. (a) Except where specifically not required by the standards of this article, it shall be unlawful for any person to post, display, materially change, or erect a sign in the city without first having obtained a sign permit. Notwithstanding the foregoing, signs which are not visible from a public right-of-way, private drive, public space, or from neighboring residential properties shall not be subject to the standards of this article. (b) All applicants for signs that incorporate electricity must obtain an electrical permit. (c) All applicants for any sign that is greater than eight feet in height (as measured from grade) and greater than 32 square feet in area must obtain a building permit. See section 64-2302. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2266. - Fees. No permit shall be issued until the appropriate application has been filed with the director and fees, as set from time to time by ordinance of the city council, have been paid. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2267. - Application. Contents. Applications for sign permits required by this article shall be filed in duplicate by the person owning the subject property, or the owner's agent, in the office of the director upon forms furnished by that office. The application shall describe and set forth the following: (1) The type of the sign as defined in this article, (2) The value of the sign; Page 7 (3) A survey to scale showing the street address of the property upon which the subject sign is to be located, the proposed location of subject sign on subject property, the distance of the proposed sign from the subject property's boundaries, and all existing structures or buildings on the subject property; (4) The square foot area per sign and the aggregate square foot area if there is more than one sign face, (5) The name and address of the owner of the real property upon which the subject sign is to be located; (6) The property owner's written consent, or his or her agent, granting permission for the placement, maintenance, size, and height of the subject sign to be placed on the property, (7) For wall signs, two sets of building elevations, (8) The name, address, telephone number, and business license number of the sign contractor, (9) Sign details, including a proposed color scheme of sign, and scaled elevation of the size and height of the proposed sign from ground level and adjacent street level; and (10) The zoning district in which the subject property is located and a statement of compliance with all requirements of the zoning district. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2268. - Rejection. (a) Incomplete, false statements. The director shall reject any application that is incomplete, that contains false material statements or omissions, or that is for a sign which would violate any standard within this article within 30 business days of receipt of said application. (b) Processing time; notice; denial. The city shall process all complete and accurate sign permit applications within 30 business days of the city's actual receipt of a complete and accurate application and upon remittance of the appropriate sign permit fee. The director shall give notice to the applicant of his or her decision by hand delivery or by mailing such notice by certified mail, return receipt requested, to the address on the permit application on or before the thirtieth business day. If the decision of the director is to deny the application, the decision shall state the grounds upon which the denial is based. Failure of the city to act within the 30 -day period shall be deemed as an automatic approval of the permit. If notice is mailed in conformity with this section, notice shall be deemed to have been given upon the date of mailing. Any application meeting the standards of this article will be granted. Any application not meeting the standards of this article will be denied. (c) Appealable. A rejection pursuant to this section shall be appealable pursuant to the procedures for zoning appeals outlined in this zoning ordinance. However, notwithstanding the foregoing, a final decision of an appeal of the denial of a sign permit will be rendered within 80 days from the date an appeal is filed. If a final decision of an appeal of the denial of a sign permit is not rendered within the 80 -day period, the decision sought to be appealed shall be affirmed. (d) Resubmission. A rejected application later resubmitted in conformity with this article shall be deemed to have been submitted on the date of resubmission, instead of the original submission date. An application which is resubmitted shall meet all the standards for an original application. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2269. - Reserved. Sec. 64-2270. - Variance. Page 8 (a) Limitations. The board of zoning appeals shall be allowed to grant variances to this article. (b) Timing. The board of zoning appeals shall hear and decide upon a variance to this article within 80 days of the submission of a complete and accurate application for variance to this article. If a decision on the variance is not rendered within 80 days, then the petition shall be deemed approved. (c) Procedure. Except as modified by this article, the procedures for requesting a variance from the standards of this article shall be the same procedures as that for seeking a variance from the city's ordinances regulating zoning. (d) Standards. The standards which shall be considered for granting a variance from the standards of this article shall be only the following: (1) Relief to this article may only be granted where existing foliage or structures bring about a hardship whereby a sign meeting the maximum letter size, square footage and height requirements cannot be read from an adjoining road; or (2) The application of the particular provision of this Zoning Ordinance to a particular piece of property, due to extraordinary and exceptional conditions pertaining to that property because of its size, shape, or topography, would create an unnecessary hardship for the owner while causing no detriment to the public. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2271. - Expiration date. (a) A sign permit shall become null and void if the sign for which the permit was issued has not been installed and completed within six months after the date of issuance; provided, however, that where an applicant can demonstrate that a commercial entity was timely engaged to construct the permitted sign, but the fabrication has not yet been completed, one 90 -day extension may be granted by the director. (b) No refunds shall be made for a permit after the permit is issued. If later an individual desires to erect a sign at the same location, a new application for the sign must be processed and another fee paid in accordance with the fee schedule applicable at such time. (Ord. No. 12-02-128, § 1, 2-22-2012) Secs. 64-2272-64-2291. - Reserved. DIVISION 3. - ADDITIONAL PROVISIONS Sec. 64-2292. - Business license tax certificate, public liability insurance required. It shall be unlawful for any person to engage in the business of erecting or maintaining signs within the city, unless and until such entity shall have obtained an occupation tax certificate or business license issued in the State of Georgia, and a certificate of insurance from an insurance company authorized to do business in the state evidencing that the entity has in effect public liability and property damage insurance in the sum of $25,000.00 for property damage for any one claim, and public liability insurance in an amount not less than $100,000.00 for injuries, including accidental death to one person. The certificate of insurance shall state that the insurance carrier shall notify the city 30 days in advance of any termination or restriction of the coverage, including nonrenewal, cancellation, and nonpayment of any premium. (Ord. No. 12-02-128, § 1, 2-22-2012) Page 9 Sec. 64-2293. - Identification labels; inspection; notice. (a) Identification labels. With each sign permit, the director shall issue a sticker bearing the same number as the permit with which it is issued. It shall be the duty of the permittee or his or her agent to affix such sticker to the sign in the lower right hand area so it is easily seen. The absence of a proper sticker shall be prima facie evidence that the sign has been, or is being, erected or operated in violation of the standards of this article. (b) Inspection. The director shall inspect all existing signs in the city to determine if such signs conform to the standards of this article. Identification stickers shall be provided for all signs in order to identify existing conforming and nonconforming signs. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2294. - Signs requiring no permit. The following shall not count toward the total amount of signage allowed and no permit is required so long as all standards in this article are met, including the following: (1) Numerals displayed for the purpose of identifying property location not to exceed eight inches in height; (2) Flags. (3) Door signs not to exceed one square foot in size and not more than one sign per door; and (4) Temporary standard informational signs in all districts. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2295. - Prohibited signs and devices. The following types of signs are prohibited in the city: (1) Moving signs, sandwich boards and signs applied directly to sidewalk or curb, balloons, streamers or air or gas filled figures and other similar temporary signs (except where specifically allowed). (2) Beacons, search lights, laser lights or images (except where specifically allowed). (3) Audible signs. (4) Signs in right-of-way, other than those belonging to a government, public service agency, or railroad. (5) Signs mounted on a utility pole, water tower or other similar structure, architectural features, traffic signal or traffic control box and cell towers. (6) Roof signs, marquee signs. (7) Portable signs, except that signs posted in the window of a vehicle, totaling one square foot, shall be permitted, unless the vehicle is parked within a nonresidential district or AG -1 (Agricultural) developed with a nonresidential use, with the intent to sell that vehicle. Page 10 (8) Obscene signs. (9) Illegal activity signs. (10) Signs not maintained. (11) Abandoned signs. Page 10 (12) Animated signs, flashing signs, rotating signs, and changeable copy signs. (13) Imitation traffic signs. (14) Graffiti. (15) Sign kiosks. (16) Signs attached to or painted on natural objects. (17) Temporary signs and banners attached to fences or walls (except where specifically allowed). (18) Internally illuminated window signs, including neon (except where specifically allowed). (19) Signs in landscape strip, unless approved by the city arborist. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2296. - Reserved Sec. 64-2297. - Nonconforming signs. (a) Maintained. A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution or interchange of poster panels, painted boards, or dismountable material on nonconforming signs shall be permitted. All nonconforming signs shall be maintained in good repair. (b) Repair. Minor repairs and maintenance of nonconforming signs shall be permitted; however, no structural repairs or changes in the size or shape of a nonconforming sign shall be permitted except to make the sign comply with the standards of this article. To the extent that any sign allowable hereunder is damaged or destroyed by an act of God or by other circumstances beyond control of the owner of the sign, then such sign may be repaired without regard to the restrictions of this subsection. (c) Grandfathering. Legal nonconforming signs may stay in place until one of the following conditions occurs: (1) The business on which the property on which the sign is located ceases operation for at least six consecutive months, (2) The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, unsightly, or unkempt, or (3) The sign has been damaged to such extent that more than minor repairs or a material change is required to restore the sign. No structural repairs or change in shape or size shall be permitted except to make the sign comply with all standards of this article. To the extent that any sign allowable hereunder is damaged or destroyed by an act of God or by other circumstances beyond control of the owner of the sign then such sign may be repaired without regard to the restrictions of this subsection. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2298. - Reserved. Sec. 64-2299. - Sign location. (a) Obstructions to doors, windows or fire escapes. No sign shall be erected, relocated, or maintained so as to prevent free ingress or egress from any door, window, or fire escape. (b) Signs not to constitute traffic hazard. No sign or any part thereof, except authorized traffic signs, shall be located in any government right-of-way. No sign, except authorized traffic signs, may be Page 11 located any closer than 20 feet to an intersection as measured from the intersection of the two rights- of-way. (c) Setback. Unless a more restrictive setback is specified in conditions of zoning or otherwise in this article, all permanent ground signs shall set back 20 feet from the edge of pavement. No sign, except authorized traffic signs, shall project over the right-of-way. All temporary signs, as described in section 64-2303, shall be placed at least 15 feet from the edge of pavement. No signs shall be placed between the road and the back of the landscape strip (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2300. - Measurement of sign area. (a) Size generally. The area of a sign shall be computed as the area within the smallest continuous polygon comprised of not more than eight straight lines enclosing the limits of a sign face, together with any sign face cabinet or frame or material, texture, or color forming an integral part of the sign face used to differentiate the sign face from the structure upon which it is placed. If polygons established around wall signs located on the same street oriented wall are within 24 inches or less of one another, then the area of the sign shall be measured within one continuous polygon. (b) Structure. The computation of the area of a sign face shall not include the structure, supports, or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature, other than those parts contained within the polygon that delineates the sign face. (c) Multifaced signs. For multifaced signs, when the sign face surfaces are back-to-back, or where the interior angle formed by the faces is 45 degrees or less, the area of the sign shall be taken as the areas on the largest side. For all other multi faced signs, the area of the sign shall be the total area on all sides. (d) Three-dimensional signs. Three-dimensional signs shall not exceed two inches from surface. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2301. - Measurement of sign height. The height of a sign shall be computed as the distance from the base of the sign structure at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: (1) Existing grade prior to construction; or (2) The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. (Ord. No. 12-02-128, § 1. 2-22-2012) Sec. 64-2302. - Construction standards. (a) Building codes. All permanent signs permitted under this Code shall be constructed and maintained in accordance with the applicable city building codes. For any sign that is greater than eight feet in height (as measured from grade) and greater than 32 square feet in area, the permittee must submit, with its building permit application, detailed structural design drawings of the sign and its foundations. Such drawings must include the foundation, supporting structure and sign face and must be certified by a professional structural engineer, licensed in the state of Georgia. The certifying Page 12 engineer shall provide an insurance certificate indicating it carries a minimum of $1,000,000.00 of professional liability insurance. (b) Faces. The face of the sign shall be flat, with protrusions of no more than two inches to allow for the texture of the sign and words, letters, figures, symbols, logos, fixtures, colors, or other design elements. No sign or other advertising structure shall be constructed so as to have nails, tacks, or wires protruding therefrom. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood. (c) Illumination. Signs may be externally illuminated where permitted pursuant to this article. Colored lighting is prohibited. Where external illumination is permitted for freestanding signs, the source of illumination shall be screened from the view of the general public with shrubs. (d) Construction of bases. Bases must be compatible with the exterior material of the main structure as approved by the community development department director. (e) Landscaping. Landscaping and grass shall be maintained in front of, behind, underneath, and around the base of freestanding signs. (Ord. No. 12-02-128, § 1. 2-22-2012) Sec. 64-2303. - Sign restrictions based on location. If not otherwise stated, any sign not specifically allowed in a zoning district as provided under this section shall be prohibited in that district, except as otherwise provided for under this article. The following standards govern signs within specific zoning districts. The following signs shall be setback at least 15 feet from the edge of pavement: (1) Signs permitted in all zoning districts. a. Temporary freestanding signs are permitted in all zoning districts, per the following standards: Signs during construction. One sign shall be allowed during construction. A permit shall be required. The sign may be externally illuminated, shall not exceed 12 square feet in area and five feet in height, and shall be allowed beginning with the commencement of construction and ending with the issuance of the last certificate of occupancy or two years, whichever one shall first occur. Thereafter, the permittee may reapply for a renewal permit subject to same termination conditions as set forth in this subsection. 2. Temporary standard informational signs i. Each non-residential lot and/or development may display one standard informational sign not exceeding four square feet without a permit, except that during a political election or referendum, between the date of qualification of the candidate or the referendum question and final determination on each ballot issue or candidate, each non-residential lot may display an unlimited number of standard informational signs. 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. 3. Signs during the sale or lease of property. During the sale or lease of property, one sign per road frontage of the property for sale or lease, shall be allowed. The sign shall not be internally illuminated. The sign shall not exceed nine square feet on major roads, and six square feet on all other roads. A permit shall be required for signs greater than six square feet Page 13 1 1 1 US Hwy 19 (GA 400) State Route 9 Windward Parkway Cogburn Road New Providence Road Major roads include: McGinnis Ferry Road Arnold Mill Road/State Hwy 140 Birmingham Hwy/Star Hopewell Ro Banners are permitted in all zoning districts, per the following standards: Banners shall be allowed for a period not exceeding ten consecutive days, with no more than four such ten consecutive -day periods being permitted per calendar year, per lot. In addition, each new business shall be allowed a banner for 30 consecutive days starting from the issuance of the business license or occupational tax certificate. 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. Banners shall not be more than 24 square feet. A permit shall be required. No banner shall be mounted so as to extend above the horizontal plane of the roof where the building wall and roof meet or shall not extend more than five feet above grade when on the ground. All banners mounted on the ground must be supported on all sides by a PVC frame or its equivalent. (2) AG -1 (agricultural district). a. Freestanding signs. Within the AG -1 (agricultural district), standards for freestanding signs are as follows: 1. One maximum 32 -square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage. 2. One maximum 32 -square foot, freestanding sign or two single -faced freestanding signs not to exceed 16 square feet each, shall be permitted for each side of a platted single-family subdivision entrance. 3. Freestanding signs shall have a maximum height of six feet from finished grade. If freestanding signs are illuminated, the light shall come from external sources which shall be screened from view with evergreen plantings as approved by [the] director. Signs shall not have changeable copy. Page 14 b. Other signage. 1. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 2. 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. 3. Each lot may post one expression sign, maximum 16 square feet in area, for a maximum of 30 days. Such signs shall be located only on private property, with the owner's permission. A permit is required for this sign. For purposes of this paragraph, a seasonal expression sign shall mean a sign, not otherwise defined in this article, which involves the expression of any idea that could be characterized as free speech and which is not necessarily related to a particular use of land. c. Flags. Each development may display no more than three flagpoles, and in addition, each single-family detached residential lot within each development may display not more than one flag and flagpole. Each flagpole is allowed one flag. In nonresidential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (3) Single-family residential, CUP and NUP districts. Within the single-family residential, CUP and NUP districts, standards for signs are as follows: a. Freestanding signs. 1. One maximum 32 -square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage. 2. One maximum 32 -square foot, freestanding sign or two single -faced freestanding signs not to exceed 16 square feet each, shall be permitted for each side of a platted single-family subdivision entrance. 3. Freestanding signs shall have a maximum height of six feet from finished grade, and shall not be internally illuminated, the light shall be screened from view with evergreen plantings as approved by the director, and shall not have changeable copy. b. Other signage. 1. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 2. 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. c. Flags. Each development may display no more than three flagpoles, and in addition, each single-family detached residential lot within each development may display not more than one flag and flagpole. Each flagpole is allowed one flag. In non-residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (4) Apartment and townhouse residential districts. Within the apartment and townhouse residential districts, standards for signs are as follows: a. Freestanding signs. 1. One freestanding sign per right-of-way frontage shall be permitted, and it shall be located at a project entrance. Page 15 Page 16 2. Maximum height shall be six feet from finished grade. 3. The maximum size shall be 32 square feet. 4. Freestanding signs shall not have changeable copy. 5. Freestanding signs shall not be internally lighted. The light shall be screened from view with evergreen plantings as approved by the director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. b. Other signage. 1. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 2. 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. c. Flags. Each development may display no more than three flagpoles. Each flagpole is allowed one flag. In nonresidential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (5) 0-1 districts. Within the office -institutional districts, standards for signs are as follows: a. Billboards. 1. Along, and oriented toward, state -numbered primary routes or national highways only; 2. At least 500 feet from all residential or AG -1 zoning districts; 3. Minimum 50 -foot setback from right-of-way, 4. Minimum of 1,500 feet from any other billboards or freestanding sign, except standard informational signs; 5. The lot on which the billboard is located shall have sufficient area to accommodate the fall zone, and except for the sign, no parking areas, pedestrian areas, roadways, buildings, structures, or appurtenances shall be contained in the fall zone, 6. Maximum of 12 feet in height. b. Freestanding signs. 1. There may be one freestanding sign per right-of-way frontage, and it shall be located at a project entrance. 2. Maximum height shall be six feet from finished grade. 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Signs shall be externally lighted. The light shall be screened from view with evergreen plantings as approved by the community development department director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. c. Wall signs. 1. Businesses may have no more than two wall signs. Single tenant buildings and end units of multitenant buildings may have an additional wall sign. Page 16 Page 17 2. One sign shall be flush against the wall. The maximum size shall be 12 square feet. 3. A second sign, if used, shall be perpendicular to the wall. The maximum size shall be two square feet. 4. Signs shall be one unit as opposed to individually mounted letters. 5. Wall signs shall not have changeable copy. 6. If illuminated, signs may be externally lighted and directed downward. 7. Wall sign shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. d. New occupancy signage. The following signs may be erected for a single period of no more than 48 consecutive hours, which period shall occur within two months of the issuance of a certificate of occupancy for structures located on the property on which the sign is erected: 1. One banner which shall not exceed 24 square feet in area (see subsection (1)(b)). A separate permit is required for this banner. 2. One, four square foot temporary sign. 3. One inflatable device, with a maximum size of 2,000 cubic feet, and a maximum height of 20 feet. The vendor or owner of the inflatable device must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 4. One search light or similar device provided the light must be extinguished by 11:00 P.M. 5. Temporary outside display of merchandise, provided: a. Such display shall be located next to the building entrance door while maintaining a minimum 36 -inch clear and unobstructed walkway to the door; and b. Such display must be brought inside of the business at close of business day. e. Flags. Each development may display no more than three flagpoles. Each flagpole is allowed one flag. In nonresidential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (6) Mixed-use districts. Within the mixed-use districts, standards for signs are as follows: a. Freestanding signs. 1. There may be one freestanding sign per right-of-way frontage, and it shall be located at a project entrance. 2. Maximum height shall be six feet. 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Signs shall not be internally lighted. The light shall be screened from view with evergreen plantings as approved by the community development department director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. Page 17 e. Flags. Each development may display no more than three flagpoles and in addition, each single-family detached residential lot within each development may display not more than one flag and flagpole. Each flagpole is allowed one flag. In non-residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. Page 18 b. Wall signs. 1. Businesses may have no more than two wall signs. Single tenant buildings and end units of multitenant buildings may have an additional wall sign. 2. One sign shall be flush against the wall. The maximum size shall be 12 square feet. 3. A second sign, if used, shall be perpendicular to the wall. The maximum size shall be two square feet. 4. Signs shall be one unit as opposed to individually mounted letters. 5. Wall signs shall not have changeable copy. 6. If illuminated, signs may be externally lighted and directed downward. 7. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. C. New occupancy signage. The following signs may be erected for a single period of no more than 48 consecutive hours, which period shall occur within two months of the issuance of a certificate of occupancy for structures located on the property on which the sign is erected: 1. One banner which shall not exceed 24 square feet in area (see subsection (1)(b)). A separate permit is required for this banner. 2. One, four square foot temporary sign. 3. One inflatable device, with a maximum size of 2,000 cubic feet, and a maximum height of 20 feet. The vendor or owner of the inflatable device must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 4. One search light or similar device provided the light must be extinguished by 11:00 P.M. 5. Temporary outside display of merchandise, provided: a. Such display shall be located next to the building entrance door while maintaining a minimum 36 -inch clear and unobstructed walkway to the door, and b. Such display must be brought inside of the business at close of business day. d. Other signage. 1. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 2. 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. e. Flags. Each development may display no more than three flagpoles and in addition, each single-family detached residential lot within each development may display not more than one flag and flagpole. Each flagpole is allowed one flag. In non-residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. Page 18 (7) Commercial and industrial park districts (M -1A). Within the commercial and industrial park districts, standards for signs are as follows: a. Billboards. Within commercial (C-1) and industrial park (M -1A) districts: 1. Along, and oriented toward, state -numbered primary routes or national highways only; 2. At least 500 feet from all residential or AG -1 zoning districts; 3. Minimum 50 -foot setback from right-of-way; 4. Minimum of 1,500 feet from any other billboards or freestanding sign, except standard informational signs, 5. The lot on which the billboard is located shall have sufficient area to accommodate the fall zone, and except for the sign, no parking areas, pedestrian areas, roadways, buildings, roadways, structures, or appurtenances shall be contained in the fall zone; 6. Maximum of 12 feet in height; and 7. In compliance with applicable height standards for the district in which located. b. Freestanding signs. 1. There may be one freestanding sign per right-of-way frontage, and it shall be located at a project entrance. 2. Maximum height shall be six feet from finished grade. 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Sign shall not be internally lighted. The light shall be screened from view with evergreen plantings as approved by the community development department director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. c. Wall signs. 1. Businesses may have no more than two wall signs. Single tenant buildings and end units of multitenant buildings may have one additional wall sign. 2. One sign shall be flush against the wall. The maximum size shall be 12 square feet or three percent of the wall area. 3. The second sign, if used, shall be perpendicular to the wall. The maximum size shall be two square feet. 4. Signs shall be one unit as opposed to individually mounted letters. 5. Wall signs shall not have changeable copy. 6. If illuminated, signs may be externally lighted and directed downward. 7. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. d. New occupancy signage. The following signs may be erected for a single period of no more than 48 consecutive hours, which period shall occur within two months of the issuance of a certificate of occupancy for structures located on the property on which the sign is erected: 1. One banner which shall not exceed 24 square feet in area (see subsection (1)(b)). A separate permit is required for this banner. 2. One, four square foot temporary sign. Page 19 3 One inflatable device, with a maximum size of 2,000 cubic feet, and a maximum height of 20 feet. The vendor or owner of the inflatable device must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 4. One search light or similar device provided the light must be extinguished by 11:00 p.m. 5. Temporary outside display of merchandise, provided: a. Such display shall be located next to the building entrance door while maintaining a minimum 36 -inch clear and unobstructed walkway to the door; and b. Such display must be brought inside of the business at close of business day. e. Flags. Each development may display no more than three flagpoles. Each flagpole is allowed one flag. In nonresidential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (8) Industrial districts. Within industrial districts, standards for signs are as follows: a. Billboards. Within industrial districts (M-1 and M-2), 1. Along, and oriented toward, state -numbered primary routes or national highways only; 2. At least 500 feet from all residential or AG -1 zoning districts; 3. Minimum 50 -foot setback from right-of-way; 4. Minimum of 1,500 feet from any other billboards or freestanding sign, except standard informational signs, 5. The lot on which the billboard is located shall have sufficient area to accommodate the fall zone, and except the sign, no parking areas, pedestrian areas, roadways, buildings, structures, or appurtenances shall be contained in the fall zone; 6. Maximum of 12 feet in height, and 7. In compliance with applicable height standards for the district in which located. b. Freestanding signs. 1. There may be one freestanding sign per right-of-way frontage, and it shall be located at a project entrance. 2. Maximum height shall be six feet from finished grade. 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Signs shall not be internally lighted. The light shall be screened from view with evergreen planting as approved by the director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. c. Walls signs. Page 20 1. Businesses may have no more than two wall signs. Single tenant buildings and end units of multitenant buildings may have one additional wall sign. 2. One sign shall be flush against the wall. The maximum size shall be 12 square feet. 3. The second sign, if used, shall be perpendicular to the wall. The maximum size shall be two square feet. 4. Signs shall be one unit as opposed to individually mounted letters. 5. Wall signs shall not have changeable copy. 6. If illuminated, signs may be externally lighted and directed downward. 7. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. d. Flags. Each development may display no more than three flagpoles. Each flagpole is allowed one flag. In non-residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (9) Mobile home park districts. Within mobile home park districts, standards for signs are as follows: a. Freestanding signs. 1. There may be one freestanding sign per right-of-way frontage, and it shall be located at a project entrance. 2. Maximum height shall be six feet from finished grade. 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Signs shall not be internally lighted. The light shall be screened from view with evergreen plantings as approved by the community development department director. 6. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. 8. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. b. Other signage. 1. Each development may display up to 12 square feet of signage with no single sign greater than four square feet. 2. 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. c. Flags. Each development may display no more than three flagpoles, and in addition, each single-family detached residential lot within each development may display not more than one flag and flagpole. Each flagpole is allowed one flag. In non-residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed one-quarter the length of the flag pole. The size of the flag shall be calculated accordingly. (Ord. No. 12-02-128, § 1, 2-22-2012) Page 21 Secs. 64-2304-64-2322. - Reserved. DIVISION 4. - OVERLAY DISTRICTS Sec. 64-2323. - This division takes precedence. The standards and requirements of this division shall take precedence over citywide standards and requirements within the boundaries of the given overlay district. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2324. - State Route 9 Overlay District and Deerfield/Hwy 9 Form Based Code signs. In the State Route 9 Overlay District and Deerfield/Hwy 9 Form Based Code the following signage standards shall apply: (a) All freestanding signs shall be monuments with the width of the base equal to the width of the sign face. When placed back to back, the sign cabinets shall be exactly the same dimension in height and width. The structure and base should match the principal building materials. (b) Multitenant developments are allowed one primary monument for the overall development which shall not exceed a maximum surface area of 48 square feet and a maximum height of 12 feet. (c) Multitenant developments on corner lots are allowed an additional monument sign on the secondary street at the project entrance which shall not exceed a maximum surface area of 24 square feet and a maximum height of four feet. (d) For multitenant retail, commercial, office, or institutional developments: (1) Each tenant is allowed one, maximum 24 square foot banner, per the time limits stated in section 64-2303. (2) The banner shall be placed on the tenant's storefront or wall space. (3) If building location renders installation on the wall not visible from the road, an administrative variance may be applied for to allow the banner to be installed on the ground. The variance shall condition the banner placement to a specific location on the development. a. All ground -mounted banners shall be installed on a PVC frame, or its equivalent. b. If the banner is required to be placed behind a fence, the banner shall have a maximum height of 12 feet. (4) No more than four ground -mounted banners may be displayed in a zoned development at one time. (e) Single tenant sites and outparcels are limited to one monument which shall not exceed a maximum surface area of 32 square feet and a maximum height of six feet. (f) Gas stations, convenience stores, discount warehouses and similar facilities that sell gasoline may have an additional 24 square feet of surface area and not to exceed six feet in height. (g) Two or more businesses that share a single tenant space are limited to one monument sign, which shall not exceed a maximum surface area of 32 square feet and a maximum height of six feet. Page 22 1 1 1 (h) Monument signs shall be set back a minimum ten feet from the public right-of-way and shall be a minimum of 35 feet from any other identification monument. (i) Monument signs shall not be internally illuminated. (j) Each place of business is allowed a maximum of two wall signs. (k) Wall signs shall face public streets and pedestrian parking areas. (1) Wall signs shall not exceed 100 square feet or five percent of the applicable wall area, whichever is less. The length of the sign shall not exceed ten times the height of the sign. The area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. (m) Permanent and temporary signs in windows shall not exceed 20 percent of each window. No window signs are allowed in clerestory windows. In no case shall window signs exceed ten percent of total wall area of the applicable elevation. (n) The following information may be permanently displayed in windows or glass doors and is exempt from the 20 percent limit: street address, required to be posted by local, state or federal governments. The lettering for this information shall be four inches tall or as required by fire prevention code. Also exempt is security information. (o) Notwithstanding the prohibitions contained in subsection (r) below, each commercial establishment shall be entitled to a maximum of two internally illuminated window signs. If the establishment has a single internally illuminated window sign, the sign may be a maximum of four square feet in size and may be neon or LED illumination. If the establishment has two internally illuminated window signs, neither sign may be larger than two square feet in size and only one may be neon or LED, while the second may be of other illumination. All internally illuminated window signs shall be positioned on the interior as a window sign, not more than ten feet from the floor, with at least one sign being not more than five feet from the main public entrance to the commercial establishment. None of the internally illuminated window signs may blink, flash, fluctuate or be animated in any way. Internally illuminated window sings may only be illuminated during the time the commercial establishment is open to the public for business. (p) Wall signs shall be flush against the wall, not cover architectural features or details, and not extend beyond the roof line or outer edges of the building. (q) Awnings and canopy signs with names are considered signs and may be substituted for monument or wall signs. If substituted, they shall be included in the maximum size calculations. (r) The architectural color standards of the district apply only to the sign structure not to the sign face. See the following table. Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system White Browns, Beiges and Tans 462C to 468C; 4625C to 4685C, Reds 168C, 181C, 483C, 484C, 675C, 1685C, 4975C Red -Browns 1154U, 1395 Page 23 1 1 469C, 474C, 475C; 4695C to 4755C 478C, 719C to 724C 725C to 731C 476 U to 482 U 719U to 725U 726U to 732U 1405U (s) The following types of signs are prohibited: (1) a. Posters, placards; b. Blinking, rotating, projecting, flashing, fluctuating or otherwise animated; c. Pylon, pole, lollypop; d. Roof, marquee; e. Portable, attached to vehicles; f. Sandwich, a -frame; g. Changeable copy signs; h. Electronic/manual reader boards, changeable copy; i. Internally illuminated window signs (except as allowed in subsection (n)). (2) Vehicles with lettering or graphics greater than two inches in height identifying or promoting a business or commercial activity shall not be parked or stored within 100 feet of the curb of any public right-of-way. This standard does not apply to vehicles used regularly for delivery, pick-ups, service calls, or transporting customers, except that such vehicles shall not be parked within 50 feet of the curb of any public right-of-way after hours if the vehicles are visible from the public right-of-way. (t) Wall signs may be internally illuminated. 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Page 26 To Inset t:::+ • i s (at right] MUP �7 T•NY-9rory it �!� Y,; n l� i2 TID blw yi1JTY TtA.51t• SsritJiisll M Zan. tOLnt Ytsdmum Tn 1 -&my �il,G,l N.�gld 2<,rw DEERFIELD / HWY 9 FORM BASED CODE MAP N. = TE r I! L—C w:lwa � rd•c.. , • ra.R„Ir.e y �Y m r a n...r — : rainrry T•.. TlKus YlfaY: 12 E.. xGrtih•.1d y,,:,, n.aa trs ibn4 '.-I}M U ..4 Bull na 3m ProO2-d 1o").3lrlr0 t:v1; 5Mtrr Regulating Plan AOEiODSD DEEIMELDMIOMMMRY f K01,1 MRSED CODE ArA 2/.201!: t 1'r0 rod 14 TFW LY M I , 0 SIN 415 4S -A - NAIITO . NT r.ucllo: s Page 27 wmot Te Ikmiineive— Me Acrc+I BYvtsl mn• _ a Ts :• •,J�r-PM IIIYYIVY�r 74 Mawimum P.IIIIiYaiYY� .. T Tvin-57nry —B..Winy Nr+yht Znlr r Ytsdmum Tn 1 -&my �il,G,l N.�gld 2<,rw DEERFIELD / HWY 9 FORM BASED CODE MAP N. = TE r I! L—C w:lwa � rd•c.. , • ra.R„Ir.e y �Y m r a n...r — : rainrry T•.. TlKus YlfaY: 12 E.. xGrtih•.1d y,,:,, n.aa trs ibn4 '.-I}M U ..4 Bull na 3m ProO2-d 1o").3lrlr0 t:v1; 5Mtrr Regulating Plan AOEiODSD DEEIMELDMIOMMMRY f K01,1 MRSED CODE ArA 2/.201!: t 1'r0 rod 14 TFW LY M I , 0 SIN 415 4S -A - NAIITO . NT r.ucllo: s Page 27 1 1 (Ord. No. 15-04-241, § 1, 4-27-2015) Sec. 64-2325. - Crabapple Form -Based Code Overlay District signs. In the Crabapple Form -Based Code Overlay District the following signage standards shall apply: (a) Freestanding signs. (1) All freestanding signs must meet the following standards: a. Signs shall not have changeable copy including, but not limited to, scrolling, rotating, flashing, and computerized changeable copy. Theatres, schools, churches, parks and gas stations may have changeable copy that is changed manually. b. If illumination is used, the sign shall be externally illuminated. The light shall be screened from view with evergreen plantings as approved by the community development department director. c. The sign structure shall be constructed of wood, brick or stone or a material which has the appearance of wood, brick, or stone as approved by the community development department director and to the extent possible shall be the same material as the predominant material of the principal building. d. The sign face and sign letters shall be made out of wood, a material which has the appearance of carved, distressed, or sandblasted wood or stone as approved by the community development department director. Plastic inserts are prohibited. e. The sign may be supported either on one side or on both sides (i.e., shingle sign). (2) For nonresidential multitenant building and developments, freestanding signs must meet the following standards: Page 28 1 a. The maximum height shall be eight feet from finished grade. b. The maximum size of the sign area shall be 32 square feet. c. There may be one sign per right-of-way frontage and it shall be located at a project entrance. (3) For nonresidential single tenant buildings. freestanding signs must meet the following standards: __----- --.. --- .- . X a. Maximum height shall be six feet from finished grade. b. The maximum size of the sign area shall be 20 square feet. c. There may be one sign per right-of-way frontage, and it shall be located at a project entrance. (4) For residential uses, freestanding signs must meet the following standards.. a. Maximum height shall be six feet from finished grade. b. Each residential development may have a maximum of two, 12 square foot freestanding signs, which shall not exceed a total of 24 square feet, or one, 16 square foot sign, per entrance. (b) Wall signs must meet the following standards: (1) Wall signs shall not have changeable copy. (2) If illuminated, wall signs shall be externally illuminated and directed downward. (3) Wall sign shall not cover architectural features or details and not extend beyond the roof line. Wall signs can hang from the building. (4) Wall sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the director. (5) A business may have one wall sign. The sign can be flush against the wall or it can hang from the building. The size shall not exceed three percent of the applicable wall area. The area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. (6) Single tenant buildings and end units of multitenant buildings may have an additional wall sign. Businesses whose primary entrance faces an interior parking lot or courtyard may Page 29 1 [1 1 have an additional wall sign. The maximum size for either of these signs shall not exceed three percent of the applicable wall area. (7) A business may have an additional sign perpendicular to the wall with a maximum sign area size of four square feet. 0 (c) Other signage. (1) Permanent and temporary signs in windows shall not exceed 20 percent of each window. No window signs are allowed in clerestory windows. In no case shall window signs exceed ten percent of the total wall area of the applicable elevation. Notwithstanding the prohibitions contained in subsection (e) below, each commercial establishment shall be entitled to a maximum of two internally illuminated window signs. If the establishment has a single internally illuminated window sign, the sign may be a maximum of four square feet in size and may be neon or LED illumination. If the establishment has two internally illuminated window signs, neither sign may be larger than two square feet in size and only one may be neon or LED, while the second may be of other illumination. All internally illuminated window signs shall be positioned on the interior as a window sign, not more than ten feet from the floor, with at least one sign being not more than five feet from the main public entrance to the commercial establishment. None of the internally illuminated window signs may blink, flash, fluctuate or be animated in any way. Internally illuminated window signs may only be illuminated during the time the commercial establishment is open to the public for business. (2) A business may have one sandwich board sign. Sign shall be: a. Single or double faced, b. Metal or wood framed (no plastic); C. Black or green, chalkboard type face; d. Located per ADA compliance (minimum 36 inches from the building); no more than ten feet from building; e. Located so as not to impede pedestrian or vehicular traffic; f. Not placed in tree island or landscape strip; g. Maximum height of four feet, six square feet per panel; Page 30 11 1 h. Brought inside at the close of business. (d) Sign structure colors. Permitted colors for Crabapple Form Based Code Overlay District sign structures shall be limited to those listed in the table below. Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 2C -7C 289C 316C 401-405C 407-412C 423C 424-425C 448-450C 4485U 4495C 451C 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 4491C (e) The following types of signs are prohibited: 497 553 5536 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835 625U 627U Warm Grey 5-7C Warm Grey 8-11 (1) Monument; (2) Pylon, pole, lollypop, projecting signs; (3) Roof, marquee, (4) Electronic or manual reader boards, changeable copy signs; (5) Any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way animated; (6) Portable, excluding sandwich signs; (7) Posters, placards. Page 31 1 1 0 Cn .W. F. B...0 �• /r 1' CRABAPPLE FORM -BASED CODE OVERLAY DISTRICT MAP. (Ord. No. 12-02-128, § 1, 2-22-2012; Ord. No. 12-08-140, § 1, 8-20-2012) Sec. 64-2326. - Birmingham Crossing Overlay District signs. In the Birmingham Crossroads Overlay district, the following sign standards shall apply: (a) Freestanding signs. Page 32 1 1 (1) All freestanding signs must meet the following standards: a. Signs shall not have changeable copy, including scrolling, rotating, flashing, and computerized changeable copy. b. If illumination is used, the sign shall be externally illuminated. The light shall be directed downwards. c. The sign structure shall be constructed of wood, brick or stone and to the extent possible, shall be the same material as the predominant material of the principal building. d. The sign face shall be made out of wood, a material which has the appearance of carved, distressed, or sandblasted wood, or stone, as approved by the director. Plastic inserts are prohibited. e. The sign may be supported either on one side or on both sides (i.e., shingle sign). (2) For nonresidential multitenant building and developments, freestanding signs must meet the following standards: a. The maximum height shall be eight feet from finished grade. b. The maximum size of the sign area shall be 32 square feet. c. There may be one freestanding sign per right-of-way frontage. (3) For nonresidential single tenant buildings, freestanding signs must meet the following standards: a. Maximum height shall be six feet from finished grade. b. The maximum size of the sign area shall be 20 square feet. c. There may be one freestanding sign per right-of-way frontage. (4) For residential uses, freestanding signs must meet the following standards: a. Maximum height shall be six feet from finished grade. b. The maximum size shall be 16 square feet. C. Each residential development may have a maximum of one sign per entrance. (b) Wall signs. Page 33 1 1 1 (1) Wall signs shall not have changeable copy. (2) If illuminated, wall signs shall be externally illuminated, with the lighting directed downward. (3) Wall sign shall not cover architectural features or details and not extend beyond the roof line. (4) Wall sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the community development department director. (5) A business may have one wall sign. The sign can be flush against the wall or it can hang from the building. The size shall not exceed three percent of the applicable wall area. The area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. (6) Single tenant buildings and end units of multitenant buildings may have an additional wall sign. Businesses whose primary entrance faces an interior parking lot or courtyard may have an additional wall sign. The maximum size for either of these signs shall not exceed three percent of the applicable wall area. (7) A business may have an additional sign, perpendicular to the wall, with a maximum sign area size of four square feet. (8) A portion of the wall sign can be placed on an overhang or a canopy. (c) Other signage. (1) Permanent and temporary signs in windows shall not exceed 20 percent of each window, and shall not block visibility from outside the store. No window signs are allowed in clerestory windows. In no case shall window signs exceed 10 percent of the total wall area of the applicable elevation. Internally illuminated window signs are prohibited. (2) A business may have one sandwich board sign. Sign shall be: a. Single or double faced. b. Metal or wood framed (no plastic). c. Black or green, chalkboard type. d. Location shall be ADA compliant (minimum 36 inches from the building); no more than ten feet from building. Page 34 1 1 1 e. Not allowed to impede pedestrian or vehicular traffic. f. Not placed in tree island or landscape strip. 5835U g. Max height of four feet, six square feet per panel. h. Brought inside at the close of business. 627U (d) Sign structure colors. Permitted colors for Birmingham Crossroads sign structures are limited to those listed below. Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 4975 2C -7C 553 289C 5363 3316 539 401-405C 548 407-412C I 5467 412C I 5743U 415-419C 423C 424-425C 448-450C 4485U 4495C 451C 4505C 5815U 5835U 625U 627U _ Warm Grey 5-7C Page 35 1 (e) The following types of signs are prohibited: (1) Pylon, pole, lollypop, projecting signs. (2) Monument signs. (3) Roof, marquee signs. (4) Electronic or manual reader boards, changeable copy signs. (5) Any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way animated. (6) Portable signs, excluding sandwich signs. (7) Posters, placards. (8) Internally illuminated wall signs. 1 Page 36 I I Cay of M11W Fulton C Cerra stwe Strert Som rgnarr Crosuons over ay :4&y,ct Pa,ce ^-.-V L—i5 coo",ows overt" z str el d 37? BIRMINGHAM CROSSROADS OVERLAY DISTRICT MAP. (Ord. No. 12-02-128, § 1, 2-22-2012) DIVISION 5. - OTHER SIGN REQUIREMENTS Page 37 Sec. 64-2327. - Master signage plan. (a) Purpose. (1) A master signage plan is an administrative permit which establishes standards (size, design, location, etc.) for all exterior signs associated with a multitenant or multibuilding development. The master signage plan shall ensure long term aesthetic compatibility of signage throughout the development. The requirement of this section shall be in addition to the overlay signage requirements of the City of Milton. In the event of any conflict between this section and the overlay signage requirements, this section shall prevail. (2) The goal of a master signage plan is to: a. Adequately and effectively communicate business identity and type to the public; b. Promote consistency among signs within a development, thus creating visual harmony between signs, buildings, landscaping and other components of the property; c. Enhance the compatibility of signs with the architectural and site design features within a development; d. Encourage signage that is in character with planned and existing uses, thus creating a unique sense of place; e. Protect the community from sign clutter and visual blight resulting from excessive and redundant signs. (b) Applicability. (1) A master signage plan is required for all new developments and newly zoned multiple tenant, commercial buildings, all multi building or multi occupant commercial or office developments, all mixed use developments, single-family and multifamily developments. (c) Approval authority. (1) A master signage plan for a property that is undeveloped and does not require rezoning, shall be reviewed by the City of Milton Department of Community Development as part of the site plan review process, and must be approved by the director. If the property requires rezoning or a use permit, it shall be reviewed as part of the rezoning/use permits process, and must be approved by the mayor and city council. A separate sign permit will be required for all nonexempt signs (as indicated in the City of Milton Sign Ordinance). (2) The master signage plan shall utilize the types of signs described in this section to create a harmonious, consistent system of signage that improves the public safety within the development. (d) Application requirements. (1) A master signage plan application shall be a written and/or illustrated document to depict the proposed signs, which shall include the following: a. Proposed sign palette, which may include: 1. Entryway signs. 2. Primary multitenant freestanding signs. 3. Secondary multitenant freestanding signs. 4. Single tenant/outparcel freestanding signs. 5. Office/industrial park project freestanding signs. 6. Residential development freestanding signs. Page 38 7. Secondary residential development freestanding signs. 8. Tenant directory freestanding signs. 9. Tenant directory wall signs. 10. Directional freestanding signs. 11. Temporary standard informational signs. 12. Real estate signs. 13. Temporary banners. (e) Design guidelines (1) The following sign design guidelines are designed to help ensure quality signs that communicate their message in a clear fashion. Because not all design criteria may be workable or appropriate for each sign or project, the director or mayor and city council may allow deviation from the design guidelines in their application to specific signs or projects, where the proposed master signage plan creates a harmonious, consistent system of signage that improves the public safety within the development. The following subsections provide examples of acceptable forms of signage. Pictures are not to scale. (2) Signs by type: a. Entryway signs. Entryway signs mean ground signs which are placed on the perimeter of a mixed use development, community or area. Such signs may flank both sides of the entrance and may include ground or landscape wall sign types. An entryway sign may identify the name of the community and/or interior businesses or communities. Page 39 14. Signs during construction. 15. Wall signs. 16. Shingle/blade signs. 17. Window signs/graphics. 18. Awning/canopy signs. 19. Tenant informational signs. b. Site plan, drawn to scale, of the entire development/area showing the location of all proposed signs included in the sign palette; c. Size and number of all proposed signs, including maximum area, letter height, number height, etc.; d. Color and style palette for all signs, including context of where signs are to be placed on any given facade; e. Type of illumination proposed (external, internal, etc.); f. Landscaping and/or ornamental structures including fences, fountains, public art, ground cover and other landscaping elements that are intended to complement the proposed sign palette and design; g. Site location map; h. Photos of property as it appears from the street; i. Any other information reasonably required by the director. (e) Design guidelines (1) The following sign design guidelines are designed to help ensure quality signs that communicate their message in a clear fashion. Because not all design criteria may be workable or appropriate for each sign or project, the director or mayor and city council may allow deviation from the design guidelines in their application to specific signs or projects, where the proposed master signage plan creates a harmonious, consistent system of signage that improves the public safety within the development. The following subsections provide examples of acceptable forms of signage. Pictures are not to scale. (2) Signs by type: a. Entryway signs. Entryway signs mean ground signs which are placed on the perimeter of a mixed use development, community or area. Such signs may flank both sides of the entrance and may include ground or landscape wall sign types. An entryway sign may identify the name of the community and/or interior businesses or communities. Page 39 1 a Primary multitenant freestanding signs. Primary multitenant freestanding signs means freestanding signs located on a multitenant site, and which are orientated to be visible from the road. Primary multitenant freestanding signs may provide formal identification of the entire project to arterial traffic. Page 40 0 1 1 P'v SIOEKICKS KARATE MARY Gt FlU(lAL fi'GIFIF TS 0 All e jrlf-ir`-1, tw 101 �f 4 jil; 9-."-q4 4 ..t.Vo9-. { lw i Page 41 n 1 1 Secondary multitenant freestanding signs. Secondary multitenant freestanding signs means freestanding signs located on a corner lot, on a multitenant site, and which are orientated to be visible from the road. Secondary multitenant freestanding signs may provide formal identification of the entire project or one or some of the project's tenants. Page 42 1 1 d. Single tenant/outparcel freestanding signs. Single tenant/outparcel freestanding signs means signs located on single tenant sites and outparcels, and which are orientated to be visible from the road. Single tenant/outparcel freestanding signs may provide formal identification of the business located on the site. Page 43 5727 Sam ia W. Borchers, M OLO � u�------ _ 1 r� L YORKN71LLE r NDIAL HOSPITAL booming Ro,.1rding, Daycare Pct Suites Office /industrial park project identification freestanding signs. Office/industrial park project identification freestanding signs means freestanding signs which are located at the entrance to a platted office or industrial park. Office/industrial park project identification freestanding signs may identify the platted name of the office or industrial park. Page 45 1 1 Page 46 1 f. Residential development freestanding signs. Residential development freestanding signs means freestanding signs located at the entrance to a residential development. Residential development freestanding signs may identify the name of a single family, townhome or apartment development. Page 47 1 _ 1 . • ,fir. ' fv * • - _ ,r Y _ t 1�_ Page 48 1 11 1 r� k 0 g. Secondary residential development freestanding signs. Secondary residential development freestanding signs means pillar type freestanding signs which are located at different phases within a residential development, or at the entrance to an amenity area within a residential development. A secondary residential development freestanding sign may indicate the name of the phase or unit within a single-family or townhome residential development. Page 49 I I Page 50 1 1 1 Tenant directory freestanding signs. Tenant directory freestanding signs means ground signs which are placed internal to the development or community, and cannot be read from the right-of-way. They may provide a listing of the names of businesses, activities, addresses, locations, uses or places within a building or complex of buildings for the purpose of identification. Page 51 1 Church Parish 0"", Parish CeN -Sxi�l HaR 1 1 © `Ar��ifAc�t p Q-•)rJ.JrJ;';, , � Jas m ' a�lY 1F" � : rclfaAlY4YK{ti © ® FIdsE.. PiJiKJl1UIlU ° ° rrn, Page 52 1 1 1 r DIRECTORY wSMOM Tenant directory wall signs. Tenant directory wall signs means signs which are placed internal to the development or community, and are not intended to be read from the right- of-way. These signs may provide a listing of the names of businesses, activities, addresses, locations, uses or places within a building or complex of buildings for the purpose of identification. Tenant directory wall signs shall have a maximum size of 12 square feet. Page 53 1 1 1 f OrThlokc- Commons 200 -s N--' te+.eweIDPND lento tM+.sw papos. RL911 UC6 202 � nOMem �y,ar Wwd le•w. Pf p01fiT FMORb1 300 L— Hoar HOOM 302 Directional freestanding signs. Directional freestanding signs means signs used at driveways to improve public safety and to enhance public access to the site from public streets. These signs may be used to direct pedestrian or vehicular traffic on a parcel. If lighted, directional freestanding signs shall be externally illuminated. These signs shall have a maximum height of three feet. Page 54 1 1 1 ,'.Cerga MAIN ENTRANCE .. SHIPPING'RECEIVING 0 Page 55 1 1 1 Temporary standard informational signs. Temporary standard informational signs means signs located on private property, with an area of not greater than four square feet, with a sign face made for short-term use, containing no reflecting elements, flags, or projections and which, when erect, stands at a height not greater than five feet and are mounted on a stake or metal frame with a thickness or diameter not greater than 1'/2 inches. There shall be no more than three temporary standard informational signs per residential lot, and no more than one per commercial lot. "EER�EAO SGHI�m Sandwich boards. Sandwich boards means A -frame signs with a black or green chalkboard type face, with a wood frame. The maximum height of sandwich boards shall be four feet, with a maximum sign face of six square feet per panel. Page 56 1 1 1 X m. Temporary freestanding signs. Temporary freestanding signs means signs which are erected while a tenant space, building or vacant lot is currently for sale, lease or rent. A property or space for sale or lease is allowed one temporary freestanding sign per road frontage. On major roads, as defined in section 64-2303, temporary freestanding signs are allowed to be a maximum of nine square feet in size, while such signs are allowed to be a maximum of six square feet in size on all other roads. Temporary freestanding signs shall have a maximum height of nine feet. Page 57 1 D Page 58 1 P L ToL TA AVAILABLE NOW AV FLE N0w Nychael Fiorina aj-a Santiago Sciupac SargagcS*M 213-427-6800 213.427-600 n. Temporary banners. Temporary banners means signs, other than flags, with or without characters, letters, illustrations or ornamentation applied to cloth, paper, vinyl or fabric that are intended to be hung either with a frame or without a frame. Neither flags nor canopy signs are considered banners. (Canopy signs are counted toward wall signage). Page 59 1 1 1 Page 60 1 r-7 u 1 o. Signs during construction. Signs during construction means temporary, freestanding signs that shall be allowed beginning with the commencement of construction and ending with the issuance of the last certificate of occupancy, or two years, whichever one shall first occur. Thereafter, the permittee may reapply for a renewal permit subject to same termination conditions as above. If lighted, the sign shall be externally illuminated. Signs during construction are allowed to be a maximum of 12 square feet, with a maximum height of five feet. 52 Wall signs. Wall signs means any signs attached parallel to a wall, painted on the wall surface or 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. Wall signs shall be flush with the wall, building, or structure to which it is mounted or affixed, except as otherwise set forth herein. Page 61 I F -I 1 1 q. Shingle/blade signs. Shingle/blade signs means signs suspended from a roof overhang of a covered porch or walkway or attached to a building wall fascia, which may, for example, identify the tenant of the adjacent space. These signs shall be installed perpendicular to the wall. Page 63 1 1 r. Window signs/graphics. Window sign/graphics means any sign, cut-out letters, painted text or graphics, window film, or other text or visual presentation that is affixed to the interior or exterior of the window or window panes, or within five feet of the interior of the window or window panes and is visible from the exterior of the structure. R Page 64 1 1 rq Page 65 1 1 s. Awning/canopy signs. Awning/canopy signs means 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. The term "awning/canopy sign" does not include a marquee. Awning/canopy signs may be substituted for monument or wall signs. If substituted, they shall be included in the maximum size calculations. Page 66 1 1 L_ Tenant informational signs. Tenant informational signs means wall or ground signs intended primarily for the convenience of the public or to ensure the orderly operation of the site, that may include, for example, signs designating restrooms, address numbers, public telephone and instructions regarding parking. Each tenant informational sign shall be a maximum of 12 square feet, with no single sign greater than four square feet. Page 67 1] 1 11 I-" 'ASTI DORNTONd NN:M SCIIDOL B ROti' VcDEER NIGHT PARKING RESTRICTION I HOUR LIMIT 2AM to 6AM IIC ►A R.V iJ':R V: IASTEH YOUR SEAT SC Page 68 . OREGON ss ,%[Si 1.1 Pail♦) MW= hoKq (mf; ♦ I-" 'ASTI DORNTONd NN:M SCIIDOL B ROti' VcDEER NIGHT PARKING RESTRICTION I HOUR LIMIT 2AM to 6AM IIC ►A R.V iJ':R V: IASTEH YOUR SEAT SC Page 68 1 X 1 0 u. Prohibited signs. The following types of signs are prohibited in the Master signage plan: 1. Moving signs, sandwich boards and signs applied directly to sidewalk or curb, balloons, streamers or air or gas filled figures and other similar temporary signs (except where specifically allowed). 2. Beacons, search lights, laser lights or images (except where specifically allowed). 3. Audible signs. 4. Signs in right-of-way, other than those belonging to a government, public service agency, or railroad. Page 69 Sec. 64-2328. - Reserved. DIVISION 6. - VIOLATIONS AND PENALTIES Sec. 64-2329. - Violations; penalties. (a) Noncompliance. No person shall erect or allow to be erected on any premises owned or controlled by that person any sign which does not comply with the standards of this article. (b) Dangerous or defective condition. No person shall maintain or allow to be maintained on any premises owned or controlled by that person any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the permittee of the sign, the owner of the premises, or as otherwise provided for in this article. (c) Separate violation. Each sign installed, created, erected or maintained in violation of this article, and any sign allowed to be so installed, created, erected or maintained, shall be considered a separate violation when applying the penalty portions herein. (d) Public nuisance. Any violation of this article is hereby declared to be a public nuisance. (e) Penalties. In the event of a violation of any violation of this article, the city shall be entitled to pursue any one or more of the following remedies: suspension of the sign permit in accordance with subsection 64-2330(a), revocation of the sign permit in accordance with subsection 64-2330(b), termination of the sign permit in accordance with subsection 64-2330(c), citation in accordance with Page 70 5. Signs mounted on a utility pole, water tower or other similar structure, architectural features, traffic signal or traffic control box and cell towers. 6. Roof signs, Marquee signs 7. Portable signs, except that signs posted in the window of a vehicle, totaling one square foot, shall be permitted, unless the vehicle is parked within a nonresidential district or AG -1 (Agricultural) developed with a nonresidential use, with the intent to sell that vehicle. 8. Obscene signs. 9. Illegal activity signs. 10. Signs not maintained. 11. Animated signs, flashing signs, rotating signs, and changeable copy signs. 12. Imitation traffic signs. 13. Graffiti. 14. Sign kiosks. 15. Signs attached to or painted on natural objects. 16. Temporary signs and banners attached to fences or walls (except where specifically allowed). 17. Internally illuminated window signs, including neon, except as allowed in subsections 64-2324(n) and 64-2325(c). 18. (Ord. No. 12-02-128, Signs in landscape strip unless approved by the city arborist. § 1, 2-22-2012) Sec. 64-2328. - Reserved. DIVISION 6. - VIOLATIONS AND PENALTIES Sec. 64-2329. - Violations; penalties. (a) Noncompliance. No person shall erect or allow to be erected on any premises owned or controlled by that person any sign which does not comply with the standards of this article. (b) Dangerous or defective condition. No person shall maintain or allow to be maintained on any premises owned or controlled by that person any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the permittee of the sign, the owner of the premises, or as otherwise provided for in this article. (c) Separate violation. Each sign installed, created, erected or maintained in violation of this article, and any sign allowed to be so installed, created, erected or maintained, shall be considered a separate violation when applying the penalty portions herein. (d) Public nuisance. Any violation of this article is hereby declared to be a public nuisance. (e) Penalties. In the event of a violation of any violation of this article, the city shall be entitled to pursue any one or more of the following remedies: suspension of the sign permit in accordance with subsection 64-2330(a), revocation of the sign permit in accordance with subsection 64-2330(b), termination of the sign permit in accordance with subsection 64-2330(c), citation in accordance with Page 70 subsection 64-2330(d), injunctive relief in accordance with subsection 64-2330(e) and removal of the sign in accordance with subsection 64-2330(f). (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2330. - Suspension; revocation, termination, citation, removal. (a) Suspension. (1) If a sign permit was issued by the city in error, the permit is void ab initio. Immediately upon discovery of facts suggesting that a permit was issued in error, the director shall suspend the permit and give notice to the permittee of the suspension. The notice shall advise the permittee of the determination that the permit was issued in error, the permit has been suspended, the reason(s) for the suspension, and that the permittee shall have 30 days to appeal the determination that the permit was issued in error pursuant to the procedures for appeals of administrative decisions. (2) No work shall be performed pursuant to any sign permit while such permit is suspended. (3) If no appeal is filed within 30 days from the date of the notice, the permit shall be deemed revoked. (4) Notwithstanding any provisions in the zoning ordinance to the contrary, if a final decision on an appeal of a sign permit suspension decision is not rendered within 60 days after the filing of a completed application for appeal of the decision to suspend the sign permit, the decision to suspend the permit shall be deemed reversed and the sign permit shall be reinstated upon request of the applicant. (b) Revocation. (1) a. Prior to the initiation of work pursuant to a sign permit issued by the city, should it be determined that the sign permit was issued pursuant to an application containing a false material statement or omission, the director shall revoke said permit and the subject sign shall not be entitled to be erected. b. A revocation pursuant to this subsection shall be appealable pursuant to the procedures for appeals of administrative decisions outlined in this zoning ordinance. Notwithstanding any provisions in the zoning ordinance to the contrary, if a final decision on an appeal of a sign permit revocation decision is not rendered within 60 days after the filing of a completed application for appeal of the decision to revoke the sign permit, the decision to revoke the permit shall be deemed reversed and the sign permit shall be reinstated upon request of the applicant. (2) After the initiation of work pursuant to a sign permit issued by the city, should it be determined that the sign permit was issued pursuant to an application containing a false material statement or omission, the director shall issue a stop work order on the erection of the sign and submit a recommendation to the mayor and city council that the permit be revoked. The mayor and city council shall then conduct a revocation hearing in accordance with section 64-2332, below. (c) Termination. A violation of any provision of this article once initiation of work pursuant to a sign permit issued by the city has begun shall be grounds for termination of the permit. No permit shall be terminated and until after the permittee is granted a public hearing as set forth in section 64-2332, below. (d) Citation. If any sign or other device covered by this article is erected, constructed, altered, converted or used in violation of any provision of this article, the director may issue a citation. Any violation of this article shall be an offense, and the violator shall be subject to a fine of up to $1,000.00 per day or imprisonment for up to 60 days, or by both such fine and imprisonment. The citation shall be prosecuted subject to the same procedures established for violations of this zoning ordinance. Page 71 (e) Injunction. If any sign or other device covered by this article is found to be in violation of this article after a public hearing conducted in accordance with section 64-2332, below, the city may seek an injunction against the continuing violation or take other appropriate action to prevent such unlawful erection, construction, alteration, conversion or use to correct or abate such violation. (f) Removal. (1) If any sign or other device covered by this article is found to be in violation of this article after a public hearing conducted in accordance with section 64-2331, below, the city may order the removal of the sign by written notice to the permit holder; or if there is no permit holder, then to the owner of the sign; or if the sign owner cannot be found or cannot be determined, then to the sign erector and any party that procured the erection of the sign. If a permit has been issued, such notice shall operate to revoke the permit. (2) Procedure following removal order. If the sign is not removed within the time allowable pursuant to the city's written notice ordering removal pursuant to section 64-2331 the city may remove or cause to be removed the sign and collect the costs therefore from the permit holder, the owner of the sign, the sign erector, any party that procured the erections of the sign, or the owner of the property on which the sign is located. (Ord. No. 12-02-128, § 1, 2-22-2012) Sec. 64-2331. - Notice. The director shall give the holder of a sign permit at least 14 calendar days' written notice of any public hearing with respect to the termination of the sign permit, unless the urgency of the particular situation resulting in the hearing and the practical considerations of completing measures to comport with the standards of this article reasonably justify less notice in order to protect the public health, safety and welfare. The notice shall include the date of the hearing; the violations alleged to have occurred that will be the subject of the public hearing, and the relief to be considered by the city council. The notice shall advise the permittee of the time and place of the hearing, their right to appear at the hearing and to contest the violation and proposed relief. Upon notification by the director of a sign or other device covered by this article being in violation of this article, the city council shall schedule a public hearing at its next available regular meeting whereby the holder of the sign permit for the sign or device that is in violation can receive notice in compliance with subsection 64-2330(c), above. At the public hearing the council shall consider whether to terminate the permit and require such other relief as may be necessary to protect the public health, safety, and welfare. The hearing shall be conducted in accordance with the minimum requirements for public hearings as set forth in the Georgia Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.). (Ord. No. 12-02-128, § 1, 2-22-2012) Secs. 64-2332-64-2345. - Reserved. 1 Page 72