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01-23-2012-Packet
Page 1 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Lance Large Monday, January 23, 2012 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Ollie Wagner, Alpharetta Presbyterian Church CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Mayor) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 12-020) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the January 9, 2011 Regular Council Minutes. (Agenda Item No. 12-021) (Sudie Gordon, City Clerk) 2. Approval of Financial Statements for the Period Ending August, 2011. (Agenda Item No. 12-022) (Stacey Inglis, Finance Director) 3. Approval of Preliminary Financial Statements for the Period Ending September, 2011. (Agenda Item No. 12-023) (Stacey Inglis, Finance Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 23, 2012 Page 2 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4. Approval of a Contract between Rick Pruetz, FAICP and The City of Milton for the Purpose of Providing Professional Planning Services for a Transfer of Development rights Feasibility Study. (Agenda Item No. 12-024) (Kathleen Field, Community Development Director) 5. Approval of a Hosted Application Services Agreement between Guardian Tracking, LLC and The City of Milton. (Agenda Item No. 12-025) (Deborah Harrell, Chief of Police) 6. Approval of a Professional Services Agreement between the City of Milton and Kittelson & Associates for Hopewell/Francis/Cogburn Roundabout Peer Review. (Agenda Item No. 12-026) (Carter Lucas, Public Works Director) 6) REPORTS AND PRESENTATIONS 1. A Proclamation Recognizing Milton’s Cuisine and Cocktails Being Named a Top 100 Restaurant. (Presented by Mayor Joe Lockwood) 2. A Proclamation Naming February “Have A Heart for North Fulton Community Charities”. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. ZM11-03 – 12792 Donegal Lane (Lot #39) Vickery Crest Subdivision – Gerald E. Hudgins requests to modify Condition 3.a. of RZ05-135 to reduce the Minimum Rear Yard from 50 feet to 10 feet along the west property line. (Agenda Item No. 11-271) (First Presentation at the December 5, 2011 Regular Council Meeting) (Deferred at the December 19, 2011 Regular Council Meeting) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 23, 2012 Page 3 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. RZ11-19/VC11-05 – 15260 Hopewell Road, Applicant: Reunion Park. A request to rezone from AG-1 (Agricultural) to C-1 (Community Business) and AG-1 (Agricultural) for an existing 1,180 square foot building for general retail uses and an existing 1,835 square foot single family residence to remain with the following four-part concurrent variance: 1) To reduce the 50 foot undisturbed buffer and 10 foot improvement setback to a 10 foot landscape strip along the south zoning line of Parcel 1 intersecting with Hopewell Road and running North 68 degrees 21 minutes 12 seconds West a distance of 89.69 feet (Sec 64-1141(3)(a)); 2) To reduce the 50 foot buffer and 10 foot improvement setback to a minimum 40 foot buffer along the south zoning line of Parcel 1 (parallel to Thompson Road), running from the corner of an existing driveway North 80 degrees 44 minutes 27 seconds West 190.43 feet to the westerly 10 foot improvement setback line (Sec 64-1141(3)(a)); 3) To delete the 50 foot buffer and10 foot improvement setback along the southwest zoning line of Parcel 1 running from Hopewell Road North 68 degrees 10 minutes 12 seconds West 89.69 feet and North 21 degrees 34 minutes 48 seconds West 35.46 feet to the northerly line of an existing driveway for Parcel 2 (Sec 64- 1141(3)(a)); 4) To reduce the 25 foot setback for parking adjacent to residentially used property to 10 feet along the south zoning line (Sec. 64-1433(f)(1)). (Agenda Item No. 12-011) (First Presentation at the January 9, 2012 Regular Meeting) (Kathleen Field, Community Development Director) 3. RZ11-17 – To Amend Article XVI of the Zoning Ordinance (Chapter 64 of the City Code) – Signs. (Agenda Item No. 12-012) (First Presentation at the January 9, 2012 Regular Council Meeting ) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 1. Approval of the Adoption of an Ordinance of the Mayor and City Council of the City of Milton, Georgia to Amend Chapter 2 – Administration, Article VI – Financial Management Program, of the City of Milton Code of Ordinances to Include Division 13 – Fund Balance Policy. (Agenda Item No. 12-010) (First Presentation at the January 9, 2012 Regular Council Meeting) (Stacey Inglis, Finance Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 23, 2012 Page 4 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS 1. Approval of a Resolution for the City of Milton to Partner with Fulton County Department of Registration and Elections to Participate in the Voter Education and Outreach Program (VEOP) to Educate, Register and Increase Voter Participation. (Agenda Item No. 12-027) (Presented by Mayor Joe Lockwood) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 12-028) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: January 23, 2012 City Council Meeting Agenda Item: Financial Statements for Period 11 – August 2011 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Revenue collections for the General Fund are 12.03% higher than anticipated for the eleventh period of the fiscal year. As previously mentioned, this is due mainly to the prior year property tax collections being well above what is expected for this time of the year. Total expenditures to‐date are $11,540,978 and are 5.49% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project‐by‐project basis. With a total project expenditure budget of $9,540,001, capital expenditures‐to‐date total $3,998,310. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $12,325 Sidewalk Replacement Fund: Balance: $80,308 1 of 9 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending August 2011 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,607,691 30,673 - 30,673 1,518,190 987,691 530,499 Motor Vehicle Tax 450,000 46,268 37,500 8,768 447,731 375,000 72,731 Intangible Tax 160,000 11,642 13,333 (1,692) 144,670 133,333 11,337 Real Estate Transfer Tax 37,000 3,910 3,083 826 32,892 30,833 2,059 Franchise Fees 1,700,000 25,874 25,500 374 1,413,796 1,445,000 (31,204) Local Option Sales Tax 3,540,000 345,745 295,000 50,745 3,053,803 2,861,500 192,303 Alcohol Beverage Excise Tax 280,000 22,627 23,333 (707) 234,368 233,333 1,035 Business & Occupation Tax 550,000 18,316 11,000 7,316 568,050 550,000 18,050 Insurance Premium Tax 850,000 - - - - - - Financial Institution Tax 26,000 - - - 30,899 26,000 4,899 Penalties & Interest 59,000 6,334 167 6,167 76,794 58,000 18,794 Alcohol Beverage Licenses 150,000 325 - 325 137,925 141,000 (3,075) Other Non-Business Permits/Licenses 15,750 705 1,313 (608) 10,597 14,438 (3,841) Zoning & Land Disturbance Permits 23,000 5,368 1,917 3,451 31,129 21,083 10,045 Building Permits 75,000 18,557 6,250 12,307 191,602 68,750 122,852 Intergovernmental Revenue - - - - - - - Other Charges for Service 318,000 33,705 22,750 10,955 325,227 291,500 33,727 Municipal Court Fines 502,500 46,947 41,875 5,072 392,303 460,625 (68,322) Interest Earnings 15,000 2,088 1,250 838 28,841 13,750 15,091 Contributions & Donations - - - - - - - Other Revenue 37,802 173 - 173 43,037 37,802 5,235 Other Financing Sources - - - - - - - Total Revenue 17,396,743 619,255 484,271 134,984 8,681,853 7,749,639 932,214 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,912 8,656 13,940 (5,284) 132,890 152,368 (19,477) Clerk of the Council 224,741 18,136 17,558 578 184,344 204,374 (20,030) City Manager 297,343 23,510 21,864 1,646 263,637 267,632 (3,995) General Administration 548,694 42,803 45,725 (2,921) 523,190 544,732 (21,541) Finance 517,011 29,880 30,613 (734) 416,845 432,267 (15,423) Legal 240,000 43,654 20,000 23,654 152,360 180,000 (27,640) Information Technology 525,571 35,422 30,053 5,369 422,283 452,044 (29,761) Human Resources 238 606 20 507 18 684 1 823 199 396 216 683 (17 287) Revenue Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Human Resources 238,606 20,507 18,684 1,823 199,396 216,683 (17,287) Risk Management 175,621 21,814 14,635 7,179 149,606 160,986 (11,379) General Government Buildings - 1,315 - 1,315 38,002 - 38,002 Public Information & Marketing 85,371 5,810 6,627 (817) 73,576 77,575 (3,998) Municipal Court 226,604 17,623 17,595 28 186,679 205,917 (19,237) Police 2,524,380 178,402 196,947 (18,545) 2,229,630 2,295,230 (65,600) Fire 4,196,653 285,136 327,271 (42,135) 3,625,027 3,815,502 (190,476) EMS Operations 136,881 11,021 11,407 (386) 121,229 125,474 (4,245) Public Works 1,513,980 109,627 123,350 (13,723) 1,145,457 1,383,874 (238,417) Parks & Recreation 357,374 25,496 28,540 (3,045) 271,331 325,856 (54,525) Community Development 652,724 53,043 50,484 2,559 643,319 592,857 50,462 Debt Service - Capital Lease Payment 716,543 - 716,543 (716,543) 716,541 716,543 (2) Operating Transfers to Other Funds 3,918,284 - - - 45,635 61,103 (15,468) Operating Reserve 133,450 - - - - - - Total expenditures 17,396,743 931,854 1,691,837 (759,984) 11,540,978 12,211,016 (670,038) Net Income/(Loss)(312,598)(2,859,125) 2 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee -$ 825$ 3,000$ 3,000$ Earth Day Vendor Fee - - 495 495 Interest Revenues - - - - Milton Roundup Sponsor 10,000 500 4,025 (5,975) Earth Day Sponsor - - 5,100 5,100 Concert Sponsor - - 500 500 Mayor's Run 2,000 1,000 1,441 (559) Contributions & Donations 2,000 - - (2,000) T-shirt Sales 500 - 126 (374) Total revenues 14,500$ 2,325$ 14,687$ 187$ EXPENDITURES Current: Special Events 49,500$ 1,548$ 39,503$ 9,997$ Total Expenditures 49,500$ 1,548$ 39,503$ 9,997$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 35,000$ -$ 35,000$ -$ Total other financing sources and uses 35,000$ -$ 35,000$ -$ Net change in fund balances -$ 10,184$ Fund balances - beginning 44,203 City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2011 gg Fund balances - ending -$ 54,387$ 3 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations -$ -$ -$ -$ Cash Confiscations/US Marshals - 1,001 4,401 4,401 Interest Revenues - 6 56 56 Realized Gain on Investments - 48 259 Budgeted Fund Balance 2,800 - - (2,800) Total revenues 2,800$ 1,054$ 4,716$ 1,657$ EXPENDITURES Current: Police 2,800$ -$ 500$ 2,300$ Total Expenditures 2,800$ -$ 500$ 2,300$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 4,216$ Fund balances - beginning - 7,520 Fund balances - ending -$ 11,736$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2011 4 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 700,000$ 47,885$ 630,308$ (69,692)$ Total revenues 700,000$ 47,885$ 630,308$ (69,692)$ EXPENDITURES Current: Public Safety 627,787$ -$ 590,952$ 36,835$ Total Expenditures 627,787$ -$ 590,952$ 36,835$ OTHER FINANCING USES Unallocated 72,213$ -$ -$ (72,213)$ Total other financing sources and uses 72,213$ -$ -$ (72,213)$ Net change in fund balances -$ 39,356$ Fund balances - beginning - 340,333 Fund balances - ending -$ 379,689$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2011 5 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant 50,032$ -$ 44,626$ (5,407)$ Total revenues 50,032$ -$ 44,626$ (5,407)$ EXPENDITURES Current: General Administration 3,350$ -$ -$ 3,350 Fire 128,153 - 91,270 36,883 Public Works - - - - Community Development - - - - Total Expenditures 131,503$ -$ 91,270$ 40,233$ Excess of revenues over expenditures (81,471) - (46,645) 34,827 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 81,471$ -$ 45,635$ (35,836)$ Total other financing sources and uses 81,471$ -$ 45,635$ (35,836)$ Net change in fund balances - (1,010) Fund balances - beginning 3,423 Fund balances - ending -$ 2,414$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2011 6 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 35,000$ 4,290$ 40,585$ 5,585$ Total revenues 35,000$ 4,290$ 40,585$ 5,585$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund -$ 4,290$ 5,585$ 5,585$ Transfers out to Special Events Fund 35,000 - 35,000 70,000 Total other financing sources and uses 35,000$ 4,290$ 40,585$ 75,585$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2011 7 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 4,095$ 50,312$ (14,688)$ Crabapple Paving Fee - - 6,300 6,300 Landfill Host Fees 155,000 23,359 57,083 (97,917) HYA Fees 20,000 - 9,375 (10,625) Tree Recompense 12,625 - - (12,625) Interest Revenue 2,000 - - (2,000) Realized Gain or Loss on Investments 2,000 - 5,486 3,486 Sidewalk Replacement Account 70,558 - 9,750 (60,808) Atlanta HIDTA Stipend - 1,500 1,500 1,500 Total revenues 327,183 28,954$ 139,806$ (187,377)$ EXPENDITURES Capital Outlay City Council 425,000$ -$ 1,645,456$ (1,220,456)$ General Admin 15,000 - - 15,000 Finance 44,475 - 13,279 31,196 IT 46,000 - 37,683 8,317 Police 212,613 - 84,473 128,140 Fire 463,688 - 74,544 389,144 Public Works 6,136,118 60,493 1,873,274 4,262,844 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2011 Parks & Recreation 1,857,798 5,107 238,728 1,619,070 Community Development 339,309 - 30,872 308,437 Total Capital Outlay 9,540,001$ 65,599$ 3,998,310$ 5,541,691$ Excess of revenues over expenditures (9,212,818) (36,645) (3,858,504) (5,729,068) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 3,598,573$ -$ -$ (3,598,573)$ Unallocated (98,933) - - 98,933 Budgeted Fund Balance 5,713,178 - - (5,713,178) Total other financing sources and uses 9,212,818 - - (9,212,818) Net change in fund balances - (3,858,504) Fund balances - beginning 5,940,006 Fund balances - ending -$ 2,081,502$ 8 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Assistant to Firefighters Grant -$ -$ 23,004$ 23,004 GDOT HPP Funds 3,365,794 41,877 236,853 (3,128,941) LCI Funds 100,000 - - (100,000) GA Urban Forestry Grant 20,000 - - (20,000) MARTA Grant 613,000 - 291,674 (321,326) Interest Revenues - - - - Total revenues 4,098,794$ 41,877$ 551,531$ (3,547,263)$ EXPENDITURES Capital Outlay Public Works 4,473,608$ 50,619$ 650,133$ 3,823,475$ Community Development 150,000 - - 150,000 Total Capital Outlay 4,623,608$ 50,619$ 650,133$ 3,973,475$ Excess of revenues over expenditures (524,814) (8,742) (98,602) 426,212 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 238,240$ -$ -$ (238,240)$ Budgeted Fund Balance 286,574 - - (286,574)$ Total other financing sources and uses 524,814$ -$ -$ (524,814)$ Net change in fund balances - (98,602) Fund balances - beginning 880,161 City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2011 Fund balances - ending -$ 781,559$ 9 of 9 City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: January 23, 2012 City Council Meeting Agenda Item: Preliminary Financial Statements for Period 12 – September 2011 OVERVIEW and FINANCIAL HIGHLIGHTS: These are preliminary financial statements for fiscal year 2011. As we prepare the books for the annual audit, adjustments will be made to accrue the property tax revenue collections received after the fiscal year ended. General Fund Revenue collections for the General Fund are 10.86% higher than anticipated for the last period of the fiscal year. Total expenditures to‐date are $13,464,080 and are 6.96% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project‐by‐project basis. With a total project expenditure budget of $9,540,001, capital expenditures‐to‐date total $4,055,330. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $12,325 Sidewalk Replacement Fund: Balance: $80,308 1 of 9 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending September 2011 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,984,651 854,745 743,200 111,545 2,372,935 2,307,851 65,083 Motor Vehicle Tax 550,000 100,450 45,833 54,616 548,181 550,000 (1,819) Intangible Tax 180,000 31,205 15,000 16,205 175,875 180,000 (4,125) Real Estate Transfer Tax 37,000 10,652 3,083 7,569 43,544 37,000 6,544 Franchise Fees 1,700,000 511,826 425,000 86,826 1,925,622 1,700,000 225,622 Local Option Sales Tax 3,640,000 659,155 303,333 355,822 3,712,959 3,549,000 163,959 Alcohol Beverage Excise Tax 275,000 48,306 22,917 25,389 282,609 275,000 7,609 Business & Occupation Tax 560,000 7,225 - 7,225 575,927 560,000 15,927 Insurance Premium Tax 850,000 1,531,938 850,000 681,938 1,531,938 850,000 681,938 Financial Institution Tax 30,899 - - - 30,899 30,899 - Penalties & Interest 69,530 1,291 462 828 78,303 68,732 9,571 Alcohol Beverage Licenses 138,000 4,500 - 4,500 142,425 138,000 4,425 Other Non-Business Permits/Licenses 12,089 1,750 1,007 743 12,347 12,089 258 Zoning & Land Disturbance Permits 30,528 2,075 2,544 (469) 33,204 30,528 2,676 Building Permits 185,000 18,651 15,417 3,235 210,254 185,000 25,254 Other Charges for Service 356,352 32,074 29,635 2,439 359,153 356,352 2,801 Municipal Court Fines 420,225 39,118 35,019 4,100 431,421 420,225 11,196 Interest Earnings 15,000 1,888 1,250 638 30,729 15,000 15,729 Contributions & Donations 1,000 - 83 (83) 1,000 1,000 - Other Revenue 116,548 4,950 3,380 1,570 119,681 116,548 3,133 Other Financing Sources 12,000 8,709 6,000 2,709 14,294 12,000 2,294 Total Revenue 18,163,822 3,870,507 2,503,164 1,367,343 12,633,297 11,395,224 1,238,073 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,912 11,119 12,372 (1,254) 144,009 166,912 (22,903) Clerk of the Council 224,741 19,199 20,838 (1,639) 203,570 224,741 (21,171) City Manager 297,343 26,972 28,061 (1,089) 290,609 297,343 (6,734) General Administration 548,694 4,323 45,725 (41,402) 527,513 548,694 (21,181) Finance 517,011 46,231 43,199 3,032 463,075 487,511 (24,436) Legal 240,000 43,619 40,000 3,619 195,979 240,000 (44,021) Information Technology 502,691 28,157 27,577 579 451,477 502,691 (51,214) Human Resources 238,606 19,656 22,170 (2,514) 219,152 238,606 (19,454) Ri k M t 175 621 159 036 175 621 (16 585) Revenue Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Risk Management 175,621 - - - 159,036 175,621 (16,585) General Government Buildings 67,782 8,031 10,074 (2,042) 46,033 67,782 (21,749) Public Information & Marketing 85,371 6,653 8,089 (1,435) 80,257 85,371 (5,114) Municipal Court 226,604 19,951 21,461 (1,510) 207,261 226,604 (19,343) Police 2,524,380 209,405 235,129 (25,724) 2,439,035 2,524,380 (85,345) Fire 4,172,471 278,099 392,362 (114,264) 3,903,117 4,172,471 (269,354) EMS Operations 136,881 11,021 11,407 (386) 132,250 136,881 (4,631) Public Works 1,509,680 133,697 131,847 1,850 1,279,162 1,509,680 (230,518) Parks & Recreation 357,374 33,190 32,240 950 304,521 357,374 (52,853) Community Development 703,404 56,803 66,958 (10,155) 700,141 703,404 (3,263) Debt Service - Capital Lease Payment 716,543 - - - 716,541 716,543 (2) Operating Transfers to Other Funds 5,480,808 18,127 20,368 (2,241) 63,762 81,471 (17,709) Operating Reserve - - - - - - - Total expenditures 18,892,917 974,252 1,169,877 (195,625) 12,526,503 13,464,080 (937,577) Net Income/(Loss)2,896,256 106,794 2 of 9 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee -$ 2,200$ 1,800$ 4,800$ 2,600$ Earth Day Vendor Fee - 240 - 495 255 Interest Revenues - - - - - Milton Roundup Sponsor 10,000 5,860 6,500 10,525 4,665 Earth Day Sponsor - 3,200 - 5,100 1,900 Concert Sponsor - 500 - 500 - Mayor's Run 2,000 2,000 245 1,686 (314) Contributions & Donations 2,000 - - - - T-shirt Sales 500 500 - 126 (374) Total revenues 14,500$ 14,500$ 8,545$ 23,232$ 8,732$ EXPENDITURES Current: Special Events 49,500$ 49,500$ 1,438$ 40,942$ 8,558$ Total Expenditures 49,500$ 49,500$ 1,438$ 40,942$ 8,558$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 35,000$ 35,000$ -$ 35,000$ -$ Total other financing sources and uses 35,000$ 35,000$ -$ 35,000$ -$ Net change in fund balances -$ -$ 17,290$ Fund balances - beginning 44,203 City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended September 30, 2011 gg Fund balances - ending 61,493$ 3 of 9 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ 77,418$ 77,149$ 77,149$ (269)$ Cash Confiscations/Fed Funds/US Marshal - 4,400 369 4,770 370 Cash Confiscations/HIDTA 22,936 - - Interest Revenues/State Funds - 45 3 53 8 Interest Revenues/Federal Funds - 2 8 Realized Gain on Investments/State Funds - - 11 270 Budgeted Fund Balance 2,800 - - - - Total revenues 2,800$ 104,799$ 77,535$ 82,251$ 110$ EXPENDITURES Current: Police 2,800$ 3,800$ -$ 500$ 3,300$ Total Expenditures 2,800$ 3,800$ -$ 500$ 3,300$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances -$ 100,999$ 81,751$ Fund balances - beginning 7,520 Fund balances - ending 89,271$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended September 30, 2011 4 of 9 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 700,000$ 700,000$ 158,763$ 789,071$ 89,071$ Total revenues 700,000$ 700,000$ 158,763$ 789,071$ 89,071$ EXPENDITURES Current: Public Safety 627,787$ 627,787$ (69,274)$ 521,678$ 106,109$ Total Expenditures 627,787$ 627,787$ (69,274)$ 521,678$ 106,109$ OTHER FINANCING USES Unallocated 72,213$ 72,213$ -$ -$ (72,213)$ Total other financing sources and uses 72,213$ 72,213$ -$ -$ (72,213)$ Net change in fund balances -$ -$ 267,393$ Fund balances - beginning 340,333 Fund balances - ending 607,726$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended September 30, 2011 5 of 9 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant 50,032$ 50,032$ 9,961$ 54,586$ 4,554$ Byrne-JAG Grant - 25,000 - - USGS Grant - - 5,500 5,500 5,500 GEMA Grant - 25,000 - - Interest Revenues - - - - - Total revenues 50,032$ 100,032$ 15,461$ 60,086$ 10,054$ EXPENDITURES Current: General Administration 3,350$ 3,350$ -$ -$ 3,350 Fire 128,153 128,153 36,254 127,524 629 Public Works - - - - - Community Development - - - - - Total Expenditures 131,503$ 131,503$ 36,254$ 127,524$ 3,979$ Excess of revenues over expenditures (81,471) (31,471) (20,793) (67,438) (35,967) OTHER FINANCING SOURCES (USES) Transfers in from General Fund 81,471$ 81,471$ 18,127$ 63,762$ (17,709)$ Total other financing sources and uses 81,471$ 81,471$ 18,127$ 63,762$ (17,709)$ Net change in fund balances - 50,000 (3,676) Fund balances - beginning 3,423 City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended September 30, 2011 Fund balances - ending (253)$ 6 of 9 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 35,000$ 47,000$ 8,709$ 49,294$ 2,294$ Total revenues 35,000$ 47,000$ 8,709$ 49,294$ 2,294$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund -$ 12,000$ 8,709$ 14,294$ 2,294$ Transfers out to Special Events Fund 35,000 35,000 - 35,000 - Total other financing sources and uses 35,000$ 47,000$ 8,709$ 49,294$ 2,294$ Net change in fund balances - - - Fund balances - beginning - Fund balances - ending -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended September 30, 2011 7 of 9 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 65,000$ 16,709$ 67,021$ 2,021$ Sidewalk Replacement Account 70,558 9,750 - 9,750 - Crabapple Paving Fee - 6,300 - 6,300 - Tree Recompense 12,625 - - - - Landfill Host Fees 155,000 155,000 25,181 82,264 (72,736) HYA Fees 20,000 20,000 - 9,375 (10,625) Interest Revenue 2,000 2,000 - - (2,000) Realized Gain or Loss on Investments 2,000 2,000 - 5,348 3,348 Insurance Proceeds/Public Works - 21,530 - 21,530 - Atlanta HIDTA Stipend - 3,000 1,500 3,000 - Total revenues 327,183 284,580$ 43,390$ 204,588$ (79,992)$ EXPENDITURES Capital Outlay City Council 425,000$ 2,070,457$ -$ 1,645,456$ 425,001$ General Admin 15,000 15,000 - - 15,000 Finance 44,475 44,475 - 13,279 31,196 IT 46,000 46,000 - 37,683 8,317 Police 212,613 215,613 21,746 106,219 109,394 Fire 463,688 479,688 - 74,544 405,144 Public Works 6,136,118 6,173,698 30,147 1,903,421 4,270,277 Parks & Recreation 1,857,798 1,857,798 5,127 243,856 1,613,942 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended September 30, 2011 Community Development 339,309 339,309 - 30,872 308,437 Total Capital Outlay 9,540,001$ 11,242,038$ 57,020$ 4,055,330$ 7,186,708$ Excess of revenues over expenditures (9,212,818) (10,957,458) (13,630) (3,850,742) (7,266,700) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 3,598,573$ 5,161,097$ -$ -$ (5,161,097)$ Unallocated (98,933) - - - - Budgeted Fund Balance 5,713,178 - - - - Total other financing sources and uses 9,212,818 5,161,097 - - (5,161,097) Net change in fund balances - (5,796,361) (3,850,742) Fund balances - beginning 5,940,006 Fund balances - ending 2,089,264$ 8 of 9 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Transportation Master Plan 2,256$ 2,256$ -$ -$ (2,256)$ Assistant to Firefighters Grant - 23,004 - 23,004 - GDOT HPP Funds 3,365,794 3,365,794 79,034 315,887 (3,049,907) LCI Funds 100,000 100,000 - - (100,000) GA Urban Forestry Grant 20,000 20,000 - - (20,000) MARTA Grant 613,000 613,000 - 291,674 (321,326) Interest Revenues - - - - - Total revenues 4,101,050$ 4,124,054$ 79,034$ 630,565$ (3,493,489)$ EXPENDITURES Capital Outlay Public Works 4,473,608$ 4,473,608$ 49,192$ 699,326$ 3,774,282$ Community Development 150,000 150,000 2,600 2,600 147,400 Total Capital Outlay 4,623,608$ 4,623,608$ 51,792$ 701,926$ 3,921,682$ Excess of revenues over expenditures (522,558) (499,554) 27,241 (71,361) 428,193 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 238,240$ 238,240$ -$ -$ (238,240)$ Budgeted Fund Balance 284,318 - - - -$ Total other financing sources and uses 522,558$ 238,240$ -$ -$ (238,240)$ Net change in fund balances - (261,314) (71,361) City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended September 30, 2011 Fund balances - beginning 880,161 Fund balances - ending 808,800$ 9 of 9 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Kathleen Field, Director Date: January 10, 2012 - for the Council Meeting of January 23, 2012 Agenda Item: Contract with Rick Pruetz, FAICP for the purpose of providing professional planning services for a Transfer of Development Rights Feasibility Study Background: Upon completion of the recent Crabapple Vision Plan, it has been determined that a form-based overlay zone should be developed for the purpose of implementing this Plan. Additionally, it was determined that a Transfer of Development Rights (TDR’s) Feasibility Study should be undertaken. Rick Pruetz, FAICP is a nationally recognized expert on TDR’s and has the required expertise to provide the professional services needed for such a task. Discussion: The work to be completed under this Agreement (the “Work”) is referenced in the Contract as “Exhibit A”. Key tasks to be completed under this contract include: preparation of an options paper outlining possible approaches to an initial TDR Program in Crabapple (with potential expansion into other parts of the City); development of estimate values of TDR’s to sending area landowners and receiving area developers in order to determine need for transfer ratios; and preparation of final feasibility study including all the TDR Program components needed for insertion in the Crabapple zoning regulations. Legal Review: Paul Higbee, Jarrard & Davis on October 31, 2011. Attachments: “Exhibit A” 1 PROFESSIONAL SERVICES AGREEMENT Crabapple Form-Based Code Overlay Zone This Agreement made and entered into this 12 day of January, in the year 2012, by and between The City of Milton, Georgia (sometimes referred to herein as the “City”), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Rick Pruetz, FAICP (“Consultant”) having its principle place of business at 522 The Strand, Hermosa Beach, CA 90254. WHEREAS, the City of Milton will require certain professional planning services beginning on January 12, 2012; and WHEREAS, the City’s Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit “A,” attached hereto and incorporated herein by reference, for the compensation described therein. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City’s receipt and approval of an invoice, submitted upon compl etion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $29,890 (which includes all related travel expenses of Consultant and all subconsultants) (the “Contract Price”) without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s industry, Consultant will give written notice thereof immediately to the City. 2 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant’s expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the Cit y of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, com missions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub-consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub- consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensat ion or benefits payable by or for the Consultant or any sub-consultant under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Insurance (1) Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Consultant, its agents, representatives, employees or sub-consultants. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. 3 (2) Minimum Limits of Insurance: Consultant shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased, or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4 (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage. The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City. (c) All Coverages. (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 4 of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A:VII. (6) Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Sub-consultants: 5 Consultant shall ensure that sub-consultants Jamie Baker Roskie and Jeffrey Dorfman maintain during the entire term of this Agreement insurance coverages, at a minimum, as shown respectively on Exhibit “B” attached hereto and incorporated herein by reference. (8) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 5.0 Term; Termination The term of this Agreement shall begin on Thursday, January 12, 2012 and shall terminate absolutely and without further obligation on the part of the City upon Consultant’s completion of the services described herein, but no later than December 31, 2012. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant’s subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton’s prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law 6 This Agreement shall be governed in all respects by the laws of the State of Georgia. 11.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings ar e suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not b e construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Rick Pruetz, FAICP 522 The Strand Hermosa Beach, CA 90254 16.0 No Personal Liability 7 No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which ma y become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Approved as to form: _______________________________ City Attorney Rick Pruetz, FAICP Signature: __________________________________ Printed Name: _______________________________ SIGNED, SEALED, AND DELIVERED in the presence of: ___________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ 8 CITY OF MILTON: By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ 1 EXHIBIT A Scope of Work for TDR Feasibility Study – Milton, Georgia This transfer of development rights (TDR) feasibility study for Milton, Georgia. aims to develop the TDR ordinance concept and components that are most appropriate for implementing the smart growth and open space preservation goals for the Crabapple sub-area. In addition, this study will examine how the initial TDR mechanism in Crabapple can be replicated in other areas planned for future growth and used to implement the preservation of open space and community character envisioned by the City of Milton. We propose to include Jamie Baker Roskie of the University of Georgia Land Use Clinic to provide legal support for the study. In addition, we include Professor Jeffrey Dorfman of the University of Georgia to assist with the development of real estate value estimates that are important to a successful TDR program. This proposal assumes that the project will start in January, 2012 and finish no later than end of June, 2012. Within this six-month assumption, each of the following six project phases represents one month of work on this project. Rick Pruetz proposes to travel to Milton four times during this six month period to work with City staff and the advisory group typically at its regular monthly meeting. Allison Duncan, Senior Planner with the Atlanta Regional Commission (ARC), reports that ARC will not charge for her to provide continuity by attending monthly meetings of the advisory group. PROPOSED TASKS Phase One – January 2012 Task A (Pruetz) Collect data and coordinate with City staff, zoning ordinance consultant and Professor Dorfman Contact developers recommended by City staff to explore expectations from TDR program and value of bonus development to them Prepare and send to City staff an options paper outlining the possible approaches to an initial TDR program in Crabapple with potential expansion to other parts of the City. Subject to City concurrence, options may include: potential for future sending areas outside Crabapple as well as open space called for within Crabapple by the visioning project; sending area criteria; receiving site baseline and maximum density; and optional ways for developers to exceed baseline such as actual TDRs and density transfer charges. Prepare TDR 101 power point program and travel to Milton to present this program to the advisory group on or before Monday, January 23. This may be 2 the advisory group’s regular January meeting or it may be a special meeting depending on the number of agenda item s and the date of the regular meeting. Task B (Dorfman) Coordinate with Pruetz on estimates of value of bonus development, value of easements on potential sending areas and possible transfer ratios Phase Two – February 2012 Task A (Pruetz) Based on staff input, Pruetz revises options paper, travels to Milton and works with advisory group on developing preliminary preferred options at February advisory group meeting Task B (Roskie) Roskie performs legal support as needed in response to staff and advisory group questions Task C (Dorfman) Dorfman refines value estimates based on input from staff and advisory group Phase Three – March 2012 Task A (Pruetz) Pruetz revises options paper based on City and advisory group input Pruetz works with Dorfman to finalize estimate value of TDRs to sending area landowners and receiving area developers in order to determine need for transfer ratios and develop possible cash-in-lieu option Pruetz prepares and sends to City staff administrative draft of Feasibility Study Task B (Dorfman) Dorfman assists in finalizing value estimates Phase Four – April 2012 Task A (Pruetz) Based on City staff feedback, Pruetz revises administrative draft of feasibility study Pruetz travels to Milton and presents administrative draft feasibility study to advisory group and solicits feedback Pruetz adds extra day on this trip if staff wants additional presentations to public officials and/or the general public Phase Five – May 2012 Task A (Pruetz) Pruetz revises administrative draft feasibility study based on City and advisory group input and sends it to City staff for suggested comments and changes 3 Phase Six – June 2012 Task A (Pruetz) Based on feedback from staff and additional comments from advisory group (if any), Pruetz prepares draft feasibility study Pruetz travels to Milton to present draft feasibility study to advisory group and asks for comments Pruetz adds extra day on this trip if staff wants additional presentations to public officials and/or the general public Based on feedback from advisory group and staff, Pruetz prepares and submits final feasibility study, which includes all the TDR program components needed for insertion in the Crabapple zoning regulations ATTACHMENTS: Pruetz TDR Experience and Qualifications Roskie CV Dorfman CV City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Chief Deborah Harrell Date: Submitted on January 11, 2012 for the January 23, 2012 Regular Council Meeting Agenda Item: Approval of contract between Guardian Tracking and the City of Milton to move to a “hosted” option rather than in house server option. City Manager’s Office Recommendation: Approval of contract between Guardian Tracking and the City of Milton Background: Both the Police and Fire Department currently use Guardian Tracking as an employee records management system. The system is currently utilized on a City owned server requiring regular maintenance and updating. Discussion Guardian Tracking has offered to move the City of Milton to a “hosted” option for their system. This would take the maintenance and updating of the City server out of the hands of the City I.T. department. This will reduce manpower at the city level while increasing the level of service provided by the system, i.e., software updates will be conducted by Guardian Tracking directly. Funding and Fiscal Impact: None. Alternatives: Continue to use Guardian Tracking on the city server. Concurrent Review: Chris Lagerbloom, City Manager Paul Higbee, Jarrard & Davis Dave Frizzell, City I.T. 1 GUARDIAN TRACKING, LLC HOSTED APPLICATION SERVICES AGREEMENT THIS HOSTED APPLICATION SERVICES AGREEMENT (the "Agreement") made this _____ day of __________, 201_, is by and between GUARDIAN TRACKING, LLC, an Indiana limited liability company ("Guardian") and CITY OF MILTON, a(n) Georgia City (the "Customer"); WITNESSETH: WHEREAS, Guardian has developed and owns a web-based, proprietary performance documentation software system (the "Application" or the "Application Services"); and WHEREAS, Guardian and Customer entered into an End-User Software License Agreement dated March 30, 2010 (the “End-User Agreement”), which End-User Agreement contemplates that the software described therein and related database (the “Software”) would be hosted on Customer’s local area network server, and not using the Application via the Internet; and WHEREAS, Customer now desires to subscribe to and access the Application via the Internet for hosting and use of the Software, and Guardian desires to provide access to the Application, together with related maintenance and support services, all pursuant to the terms and subject to the conditions of this Agreement; NOW, THEREFORE, in consideration of the premises, of the mutual promises, agreements and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, Guardian and Customer agree as follows: SECTION 1 License 2 1.1 Grant of License. Subject to the terms of this Agreement, Guardian hereby grants to Customer a non-exclusive, non-transferable right and license (the "License") to (a) access and use the Application via the Internet for use of the Software and for other purposes, and (b) use any related user documentation or materials provided or disclosed to Customer by Guardian in the course of providing such access to the Application (the "Documentation"). BY THIS LICENSE, CUSTOMER IS GRANTED NO RIGHTS TO THE OBJECT OR SOURCE CODE OF the Application OR ANY TRANSLATIONS OR DERIVATIVE WORKS THEREOF. CUSTOMER SHALL NOT CREATE DERIVATIVE WORKS OF, MODIFY, ASSIGN, SUBLICENSE, SELL, RENT, REVERSE ENGINEER, DISASSEMBLE OR DECOMPILE THE APPLICATION. The operation of the Application shall conform with Schedule A.1, attached hereto, and shall be of equal or greater quality than the current hosting of the Software on Customer’s local area network server. 1.2 Scope of License. The License shall permit the number of users set forth on Schedule A, attached hereto, as amended by the parties hereto from time to time, to access the Application from the personal computers or networks owned or leased by Customer, for Cust omer's internal business purposes only and otherwise in accordance with this Agreement. Customer shall be provided with an administrative username and password; such administrative user shall have the ability to add, modify or delete user accounts for access to the Application by its employees and/or agents. Customer will ensure that such passwords are used only by the user assigned to the password and not by any other person. The total number of passwords issued will not exceed the number of users set f orth on Schedule A. Customer shall be responsible for protecting the security of usernames and passwords, and shall promptly notify Guardian, upon suspicion that a username has been lost, stolen, compromised, or misused. SECTION 2 Equipment Customer shall be solely responsible for obtaining and maintaining all hardware, software and ancillary services which are necessary for it to access the Application via the Internet, including, without limitation, all computers, supported web browsers, and internet services, as further set forth on Schedule B, attached hereto. 3 SECTION 3 Services 3.1 Support, Maintenance, and Training Services. Guardian shall provide to Customer, during the Term, support, maintenance and training services according to the parameters and specifications described in Schedule C attached hereto (the "Support Services"). Guardian shall use commercially reasonable efforts during the Term to correct any reproducible material error, malfunction or defect in the Application that prevents the Application from substantially and materially performing in accordance with the then-current Documentation, and shall commence such efforts within ten (10) business days after its receipt of a written request by Customer for such maintenance, which request shall include a detailed description of the error, malfunction or defect. GUARDIAN WILL HAVE NO OBLIGATION WITH RESPECT TO ANY PURPORTED ERROR, MALFUNCTION OR DEFECT WHICH ARISES FROM CAUSES EXTERNAL TO THE APPLICATION OR THE APPLICATION REMOTE HOSTING ENVIRONMENT OR BY IMPROPER USE BY CUSTOMER OR ITS AGENTS. 3.2 Data Entry. The entry of Customer information and data required for Customer to utilize the Application ("Customer Data") will be performed by Customer at Customer's sole expense. SECTION 4 Fees 4.1 Fees. In consideration of the License and the Support Services, Customer shall pay the fees described in and/or computed in accordance with the rates set forth in Schedule A attached hereto (the "Fees"). Guardian shall have the right to modify the Fees at anytime beginning three (3) years following the date of this Agreement via written notice to the Customer. Any increase in the Fees (a) shall be effective on the date stipulated in such notice, provided that the effective date shall be no earlier than thirty (30) days from the date of such notice, (b) shall be equal to no greater than a 20% increase over the then current fee and (c) shall subsequently be increased no more f requently than once every three (3) years. 4.2 Fee Invoices. All fees shall be payable in accordance with the invoicing procedures set forth in Schedule A. Applicable taxes covering the License or Support Services, including sales, use, personal property, value-added, withholding, excise or other taxes and duties, if any, but specifically excluding any income or corporate franchise taxes, will be added to the invoice as prescribed by applicable law. 4 SECTION 5 Term and Termination 5.1 Term. The term of this Agreement shall commence on the date hereof and, unless terminated earlier as provided herein, shall continue until December 31, 2012 in accordance with O.C.G.A. § 36-60-13 (the "Initial Term"). Upon expiration of the Initial Term or any subsequent renewal term, this Agreement shall automatically renew for successive one (1) year renewal terms, unless either party gives the other party written notice of its desire not to renew at least thirty (30) days prior to the end of the then current term. (The Initial Term as it may be renewed or terminated pursuant to the provisions of this Agreement being sometimes referred to as the "Term"). 5.2 Termination. (a) Upon termination of this Agreement, Customer shall: (i) Immediately and permanently discontinue using, in any manner whatsoever, the Application; (ii) Return all Guardian information reasonably requested by Guardian, including, without limitation, the Documentation; and (iii) Within thirty (30) days of the effective date of such termination and upon request by Guardian, certify in writing to Guardian that all actions set forth in this Section 5.2(a) have been complied with by Customer. (b) Upon termination of this Agreement, Guardian shall: (i) Use commercially reasonable efforts to return all Customer Data in electronic format. (ii) Within thirty (30) days of the effective date of such termination and upon request by Customer, certify in writing to Customer that all actions required by this Section 5.2(b) have been complied with by Guardian; 5 SECTION 6 Default and Remedies 6.1 Events of Default. Each of the following shall constitute an Event of Default under this Agreement: (a) Customer fails to pay any amount due hereunder within ten (10) days after receipt of written notice from Guardian that said payment is past due; and (b) Either party fails to perform or observe any obligation, covenant, term, condition or provision of this Agreement, and such failure is not remedied or cured by the defaulting party within thirty (30) days after receipt of written notice thereof by the other party hereto. 6.2 Remedies. In the event of any Event of Default, the non-defaulting party may, at its option, pursue any one (1) or more of the following remedies: (a) suspend performance of its obligations under this Agreement for so long as the Event of Default continues unremedied; (b) terminate this Agreement or any portion hereof; (c) seek an injunction for breach or a threatened breach; and (d) avail itself of any and all remedies at law or equity. 6 SECTION 7 Representations and Warranties Each party represents and warrants that it has the power and authority to enter into this Agreement. Guardian represents and warrants that (a) it will provide the Support Services in a manner consistent with generally accepted industry standards, and (b) the Application shall perform substantially in accordance with the Documentation under normal use. Customer represents and warrants that it has the full right and license to use the Customer Data in connection with the Application and that such use shall not infringe on any third party intellectual property rights. Customer is responsible for all activity occurring under Customer's user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Customer's use of the Application, including those related to data privacy, international communications and the transmission of technic al or personal data. By this Agreement, Guardian does not attain ownership in any Customer Data. Customer, not Guardian, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Client Data, and Guardian shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Client Data. Guardian shall use reasonable efforts to protect Client Data behin d a secure firewall system, and to conduct data backups, as more fully set forth on Schedule C. SECTION 8 Disclaimer of Warranties; Limitation of Liability EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7, THERE ARE NO OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, OR OTHER TERMS CONCERNING THE APPLICATION OR THE SUPPORT SERVICES, AND GUARDIAN AND ITS LICENSORS EXPRESSLY DISCLAIM ANY OTHER W ARRANTIES WITH REGARD TO THE APPLICATION OR THE SUPPORT SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL GUARDIAN OR ITS LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, OR TORTIOUS CONDUCT RELATING TO, CAUSED BY, OR ARISING OUT OF ANY BREACH OF ITS OBLIGATIONS OR CUSTOMER'S USE OR INABILITY TO USE THE APPLICATION, EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GUARDIAN AND ITS LICENSORS ARISING OUT OF THIS AGREEMENT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY CLAIM BY CUSTOMER AGAINST GUARDIAN. 7 SECTION 9 Proprietary Rights and Confidentiality 9.1 Proprietary Rights. All trademarks, service marks, patents, copyrights, trade secrets and other intellectual property rights in the Application (collectively, "Materials") are and will remain the exclusive property of Guardian or its licensors, whether or not specifically r ecognized or perfected under applicable local law. Customer will not create derivative works of, modify, assign, sublicense, sell, rent, reverse engineer, disassemble or decompile the Materials. Any rights not expressly granted herein are reserved to Guardian or its licensors. Customer will not take any action that jeopardizes Guardian' or its licensors' proprietary rights in the Materials or acquire any right in the Materials. The obligations of Customer under this Section 9.1 shall survive the expiration or earlier termination of this Agreement. 9.2 Confidential Information of Customer. (a) Guardian may receive from Customer, or otherwise acquire, certain confidential, proprietary, and/or valuable information of Customer, its affiliates, predeces sors, successors or permitted assigns and/or business collaborators , including without limitation the Customer Data (any such information shall hereinafter be referred to as the “Confidential Information”). All Confidential Information shall remain the sole and exclusive property of Customer, its affiliates, predecessors, successors or permitted assigns and/or business collaborators as the case may be. Guardian hereby covenants, represents and warrants that Guardian shall treat confidentially and maintain in strict confidence all of the Confidential Information and shall not disclose, in whole or in part, directly or indirectly, any Confidential Information to any person or entity other than to its employees who have a need to know such information for the benefit of Customer to further this Agreement and/or the Support Services; provided, however, that Guardian nor any of its employees shall directly access the Confidential Information without the prior written consent of the Customer. (b) Upon termination or expiration of this Agreement, Guardian shall return to Customer any and all of the Confidential Information (in accordance with Section 5.2(b)(i)). (c) Guardian shall cause its employees to comply with the obligations in this Section 9 and shall advise its employees of the obligations hereunder. The obligations set forth in this Section 9 shall survive the expiration or earlier termination of this Agreement. 8 SECTION 10 Miscellaneous 10.1 Notices. All notices, requests, claims, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally or sent via electronic mail on the party to whom notice is to be given, or on the third (3rd) day after mailing if mailed to the party to whom notice is to be given, by certified mail, return receipt requested, first class postage prepaid, or other nationally-recognized express courier service and properly addressed to the postal address or electronic mail address set forth in the signature blocks of this agreement. 10.2 Benefit of Agreement. The terms and provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 10.3 Entire Agreement; Modification. This Agreement, including the Schedules attached hereto, contains the entire agreement between the parties with res pect to the subject matter hereof; all representations, promises, proposals and prior or contemporaneous understandings between the parties with respect to this subject matter hereof are merged into and expressed in this Agreement; and any and all prior or contemporaneous agreements between the parties with respect to the subject matter hereof are hereby canceled. Except as otherwise provided herein, this Agreement may not be changed or modified, except by agreement in writing, signed by all of the parties hereto. 10.4 Governing Law. This Agreement shall be construed and interpreted in accordance with and governed in all respects by the laws of the State of Georgia, without reference to choice of law principles. Any litigation arising from this Agreement shall be brought in the state or federal courts of the State of Georgia. Customer agrees to the exercise of personal jurisdiction over it by such courts to the full extent permitted by law. 10.5 Headings. Section headings in this Agreement are for convenience of reference only and shall not govern the interpretation of any provision hereof. 10.6 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall be deem ed but one and the same instrument. 9 10.7 Incorporation by Reference. All Schedules and Recitals attached hereto are incorporated herein by this reference. 10.8 Assignment. This Agreement may not be assigned, sublicensed or transferred in any way by Customer without Guardian's prior written consent. 10.9 No Joint Venture. Nothing in this Agreement shall be construed to constitute a joint venture, partnership, agency, representative or employment relationship between the parties. 10.10 Force Majeure. If the performance of this Agreement, or any obligation hereunder (except the making of payments) is prevented. restricted, or interfered with by fire, flood, earthquake, explosion or other casualty or accident or act of God; strikes or labor disputes , inability to procure or obtain delivery of parts, supplies, power, telecommunication services, or other services from suppliers, war or other violence; any law, order, regulation, ordinance, demand or requirement of any governmental authority; or any other act or condition whatsoever beyond the reasonable control of the affected party, the party so affected shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the party so affected shall take reasonable steps to avoid or remove such cause of non-performance and shall resume performance hereunder as quickly as reasonably possible when such causes are removed. 10.11 Non-Waiver. Neither the waiver of any breach nor the failure to enforce any term or condition of this Agreement shall operate as a waiver or release of any such term or condition, nor constitute nor be deemed a waiver or release of any other rights, in law or at equity, or claims which either party may have against the other party for any matter arising out of, or connected with, or based upon this Agreement. No waiver shall be enforceable against any party hereto unless set forth in a written instrument or agreement signed by such party. 10.12 Costs and Expenses. In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the unsuccessful party to such litigation, as determined by the court in a final judgment or decree, shall pay the successful party all costs, expenses and reasonable attorneys' fees incurred by the successful party (including, without limitation, costs, expenses and fees on any appeals), and if the successful party recovers judgment in any such action or proceeding, such costs, expenses or attorneys' fees shall be included as part of the judgment. 10.13 Severability. In the event any term, provision or restriction of this Agreement shall be held to be illegal, invalid or unenforceable by any court of competent jurisdiction, such holdin g shall in no way affect the legality, validity or enforceability of the remaining provisions of this Agreement, all of which shall continue unaffected and unimpaired thereby. The parties agree that any such unenforceable term, 10 provision or restriction shall be deemed modified to the extent necessary to permit its enforcement to the maximum extent permitted by applicable law. 10.13 End-User Agreement. The parties agree that the End-User Agreement, upon execution of this Agreement, shall continue in full force and effect, except as modified by this Agreement regarding hosting of the Software by Guardian on the Internet via the Application and regarding the provision by Guardian of other services and/or goods not described in the End-User Agreement. In the event of any discrepancy between the terms of this Agreement and the End -User Agreement, that term operating most to the benefit of Customer, as determined by Customer in its sole discretion, shall govern . IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. "GUARDIAN" "CUSTOMER" GUARDIAN TRACKING, LLC CITY OF MILTON, an Georgia Municipality By: By: Leon Wasilewski Printed Name Printed Name Its: Partner/Manager Its: December 9, 2011 Date Date Postal Address: P.O. Box 2291 Postal Address: 1300 Deerfield Parkway Anderson, IN 46018 Suite 107F Milton, GA 30004 Electronic Mail: leon@guardiantracking.com Electronic Mail: 11 Schedule A License Information 1. Users. Up to 100 named users plus 3 admin users may be enabled in the system with a unique password assigned to each user for use only by that user. 2. Fees. $680.00 per year_____________________________ 3. Fee Schedule. The annual subscription period will be March 30th through March 29th of each following year. a. The Milton Police Department will be billed on March 1st each year with the subscription fee due March 30th. 4. This agreement is a conversion from the original installed solution. The subscription fee listed above is the same as in the End User Agreement. Schedule B Supported Operating Systems and Browsers for Accessing the Application 1. Any operating system capable of running any browser listed below. 2. Browsers: Google Chrome. FireFox 3 or above. Internet Explorer 8 or above. Safari 4 or above. Opera 9 or above. Internet Explorer 7 (Google Chrome Frame Plug-In Required) Schedule C Support, Maintenance, and Training Services The following is a description of services to be performed: Install on third party hosting environment servers, and provide remote access to, the Application. Access to the Application, and transmittal of all data, login and password information between the client and the server will be encrypted using Secure Sockets Layer (SSL). All Customer Data will be stored in a separate, logical database within a shared physical server. All Customer Data is handled by the Application in isolation from the data of other customers. The hardware, software and network will be monitored and maintained and will normally be accessible, in accordance with industry standards, except for scheduled maintenance and required repairs. Customer will be notified in advance, usually no less than one week, by email and/or an announcement within the Application, of any scheduled maintenance and/or expected downtime. If a system outage occurs, Guardian will promptly commence remedial activities and use reasonable efforts to resolve any such outage within a reasonable amount of time. Customer data will be backed up on a daily and weekly basis. Provide up to 2 hours of administrator training and 2 hours of user training (without regard to the number of users) every 12 months during the term of this Agreement. Training services are available only upon request and must be scheduled at mutually agreed upon times by both parties. Additional training may be provided upon request and for a fee to be agreed on in writing by the parties. The customer is expected to make a reasonable effort to reduce the file size of attachments before uploading them to Guardian (For example, converting .tiff file to .jpeg). In the unlikely event that the average size of attachments, across all incidents, exceeds 1MB Guardian may contact the agency to assist in implementing a strategy to reduce file sizes. Any single attachment will be limited to 4MB in size. ADMINISTRATOR MANUAL (GT 3.1) Guardian Tracking has a super admin user who can create different independent organizations (departments) within the system. This might be a police department, a fire department, a 911 center, or a park department. Each organization then creates their own employees, incident types and early warning flags. As the super admin you will have three initial tasks to perform. 1. Create a super administrator. 2. Create organization(s). 3. Create organizational administrators for each organization. We will begin with the functions of the super administrator. The functions of the organizational administrator begin on pg. 5. Throughout this manual you will find several tips identified by to help you work with Guardian Tracking. You will find that Guardian Tracking is so flexible that it will allow you to come up with new and innovative ways to use the software. If you come up with something new we invite you to share it with others. You can contact us at info@guardiantracking.com. IMPORTANT: For installed on-premise clients – it is the responsibility of your system administrators to ensure that the Guardian Tracking SQL Server database is being routinely backed up. Guardian Tracking Administrator Manual 10/2011 2 GT 3.1 SUPER ADMINISTRATOR STOP: If there is anything critical about the set up process it is initially setting up your super admin and organizations. We strongly suggest you call us and let us walk you through this process. I. CREATING A SUPER ADMINISTRATOR Super Admin – The super administrator has the ability to create different organizations within Guardian Tracking. The super admin can also manage employees within each organization and transfer employees from one organization to another. A. Creating a Super Admin 1. Log in to the system using the default username “admin” and the temporary password supplied by Guardian Tracking. 2. Go to the “Account” page and change the password. IMPORTANT: We recommend a password of at least 8 characters with 2 of those characters being numbers or symbols. 3. Go to the “Manage” page and select “admin, admin” in the employee dropdown. 4. Change or add the information in the following fields: a) First Name (We suggest something like “Super”) b) Last Name (We suggest something like “Admin”) c) Employee ID d) Username 5. Only the following access levels should be checked: a) Is Active b) Super Admin 6. The Super Admin should be listed under “Unassigned” in the Organization dropdown. 7. Click on “Save Changes.” 8. Test your entry by logging in as the Super Admin. Guardian Tracking Administrator Manual 10/2011 3 GT 3.1 II. CREATING NEW ORGANIZATIONS A. Creating New Organizations 1. Log in as the Super Admin. 2. Go to the Manage page and select “Organizations.” 3. You will find one default organization. 4. Rename the organization as you would like it to appear on the home page and all reports. An example is “Carmel Police Department” or “Hendricks County Communications”. 5. If you want to create another organization (fire, 911, street, etc.) click on the “Create” button. 6. Block the existing text and enter the name of the new organization. Be precise. The name you give the organization is how it will appear on the home screen and all reports. 7. Click on “Save” to complete the creation process. 8. Repeat steps 5-7 to create other organizations. III. CREATING AN ORGANIZATIONAL ADMINISTRATOR A. Creating Organizational Administrators 1. Log in as the Super Admin. 2. Go to the Manage section and select “Employees.” 3. Choose the selected organization in the dropdown above the employee list. 4. Click on the “New Employee” button. 5. Enter the relevant information in the employee fields. a) We recommend that you do not use the name of an employee as the organizational admin. b) The admin user should be named logically according to the organization. We suggest using names such as; Police Admin1, Fire Admin1, 911 Admin1, etc. Guardian Tracking Administrator Manual 10/2011 4 GT 3.1 In the above examples “Police” is the first name and “Admin1” is the last name. This will allow the admin user to be listed at the top of the employee list. c) You might also consider creating a second organization admin as a backup. 6. Assign a temporary password. 7. Under “Status”, check the “Active” and “Admin’ boxes. DO NOT check “Super Admin” box. 8. Under “Options”, uncheck the “Show Recent List” box. 9. Under “Permissions”, check the “Access” and “View All” boxes. 10. Click on “Save Changes” to save the new organization admin. 11. Repeat steps 3-9 to create admin users for other organizations. 12. The organizational admin may then create new employees within their own organizations. 13. The super admin may also create new employee for any organization within Guardian Tracking. IV. Transferring Employees to Another Organization A. Further clarification may be found under “Managing Employees”. 1. Log in as the Super Admin. 2. Go to the Manage section and select “Employees.” 3. Choose the selected organization in the dropdown. 4. Choose an employee from the dropdown list. 5. The selected employee’s setup screen will be displayed. 6. Click on the “Organization” field to display a dropdown list of organizations. a) You may select a different organization or “Unassigned”. 7. Click on “Save Changes” to complete the transfer. 8. Repeat steps 4-8 to make other transfers. Guardian Tracking Administrator Manual 10/2011 5 GT 3.1 The organizational admin will complete the transfer process assigning the employee to the hierarchy. V. Application Settings A. Auto-Publish – This feature determines the number of days until an incident being held in automatically published. 1. Enter the number of days from 1-30 in the “Auto-Publish” field. 2. This setting controls the auto-publish threshold for all organizations within the system. B. Time Zone – Enter the appropriate time zone. C. Save your settings. ORGANIZATIONAL ADMINISTRATOR Setting up your employee database and hierarchy is simple. It just takes a little organizing on the part of the admin user. All you should need to begin is a complete employee roster and an organizational chart. The first step in the set up involves creating and organizing titles based upon those used in your organization. A decision will have to be made regarding access and other permissions for each employee level within your agency. Assigning access to the system is discussed further in the “Titles” and “Employees” sections. The second step involves entering all employees, sworn and non-sworn, into the system. The third step is constructing your hierarchy (chain of command). This is where the organizational chart will prove helpful. The fourth step is entering categories for new documentation, intervention response, and recognition response. The final step involves creating intervention and recognition flags. Save you changes frequently. You will receive an alert when leaving a page without saving. You have the option of leaving the page without saving, or returning to save your changes. VI. TITLES – This section is used to define agency titles and hierarchy of titles. A. This should be the first task completed as the admin user since title selection is required when creating a new employee and assigning “minimum titles” for incident category selection. Guardian Tracking Administrator Manual 10/2011 6 GT 3.1 B. Click on “Create New” then add the title name. Tip - Titles have two purposes: 1. They allow the admin user to assign base permissions, such as; access, create, update, print, etc. 2. Titles appear on the home page. When you log on, the home screen will say "Welcome to Guardian Tracking Member John Smith. We suggest creating one general title for all employees at the same level within the agency hierarchy (employee, supervisor, director, etc.). Be sure to include a title for the admin user. C. Next click on the appropriate access and permissions. You have several levels of employee access to choose from depending on the amount of transparency you want. These include; Access, Create, Update, Edit, Print, and View All. These selections will assign permissions for all employees by title. However, the admin user may override the default permissions for individual employee. See “Employees” section for more information. 1. Access – allows an employee to access Guardian Tracking. 2. Create – allows an employee to create documentation about themselves or another employee. 3. Update – restricts create rights to adding commentary to existing documentation. 4. Edit – allows an employee to edit the incident category or occurred on date in an existing entry. 5. Print – allows an employee to print documentation. D. Repeat steps B and C to add additional titles. E. To organize the titles, click on the number left of the title then drag and drop the title along the list according to your hierarchy. For example, the department head (chief, director, etc.) should appear at the top of the list and entry level employees should appear at the bottom. F. Titles may be deleted by clicking on the delete button on the far right of the options field. Note – once a title has been assigned to an employee it may be renamed, but cannot be deleted. G. Click on “Save Changes” before leaving the field. VII. EMPLOYEES – This section is used to add, change, or delete employees in the database. A. Creating a New Employee 1. Enter the “Manage Employees” section and click on the “Create a New Employee” button. Then enter the information in the appropriate fields. a) First Name b) Last Name Guardian Tracking Administrator Manual 10/2011 7 GT 3.1 c) Employee ID – This must be a unique number or you will get an error message. You may use a combination of numbers and letters. Use an existing employee number, badge number, payroll number, etc. d) Title e) Username f) Password – You will be required to enter and re-type a password. This is temporary and will be changed by the employee. Be consistent in assigning temporary passwords. An example would be using the first initial and last name or employee ID number. 2. Status/ Options a) The “Active” box is checked by default. To make an employee inactive (archiving) simply uncheck the “Active” box and save your changes. b) The “Admin” box is unchecked by default. When this option is selected, the user has rights to manage their organization. The option should only be selected for the admin user or backup admin. c) The “Show Recent List” box is checked by default. When this option is selected, new or updated documentation about the user and any subordinates will be displayed the home page. You may choose to deselect the “Show Recent List” feature for higher ranking personnel within your agency. For instance, the chief of police, sheriff, or department head may not want to see every new or updated entry made by everyone within the agency. This option does not affect the ability to access documentation in the “View” section. 3. Override Permission a) Default permissions are set according to each title. The admin user may override the default permissions when necessary. This includes a “View All” permission. View All – allows an employee to see all documentation in Guardian Tracking regardless of the hierarchy set up. Use caution when assigning “View All” rights. This feature is intended to allow employees (such as professional standards) to see employees who would normally fall outside of their hierarchy. The head of the agency will see all documentation based on their position at the top of the hierarchy. (1) Click on the “Override Permissions” button to display the default permissions. (2) Check or uncheck the appropriate permission boxes. (3) Click on “Done” to validate your changes. (4) Click on “Save Changes.” Guardian Tracking Administrator Manual 10/2011 8 GT 3.1 4. Click on the “Save Changes” button to add the new employee to the system. You may find that it isn’t necessary to “Save Changes” after entering each employee. We recommend you save frequently to avoid losing any data. At a minimum, you should click on “Save Changes” after every 2-3 entries. B. Editing an Employee 1. Click on the search field at the top of the employee list and begin typing the employee’s first name, last name, or employee ID. 2. Select the employee you plan to edit then make the necessary changes. 3. Click on “Save Changes.” C. Making an Employee Inactive This feature is used when an employee leaves the organization (retires, resigns, etc.). 1. Go to the “Employee” page and select the employee. Uncheck the “Active” box. Click on “Save Changes.” The employee’s documentation will no longer be viewable at the user level, but remains accessible to the admin user. a) When made “inactive” employees are automatically removed from the hierarchy. 2. When you make an employee inactive it increases the number of available licenses. VIII. EMPLOYEES TRANSFERRED FROM OTHER ORGANIZATIONS See “Super Administrator” functions. A. Locate the transferred employee in the “Employees” section and confirm or assign the appropriate title, status, and options. B. Locate the employee in the “Manage Hierarchy” section and make the appropriate assignment. You can select “Find Unassigned” to quickly locate employees missing from the hierarchy. IX. HIERARCHY – This section is used to set up and edit your agency’s hierarchy or chain of command. A. Select an employee to display their hierarchy. B. Managers – Begin typing the name of a manager. A dropdown list will appear as you type. Once the appropriate name is highlighted hit “enter” on your keyboard. Repeat Guardian Tracking Administrator Manual 10/2011 9 GT 3.1 this process to add other managers. To delete a manager, click on the delete button at the end of the name. C. Subordinates – Begin typing the name of a subordinate. A dropdown list will appear as you type. Once the appropriate name is highlighted hit “enter” on your keyboard. Repeat this process to add other subordinates. To delete a subordinate, click on the delete button at the end of the name. D. Shortcut Features – Several new features have been added to help manage the hierarchy. 1. Move All / Move Selected – This feature may be used to move all, or some subordinates, to another manager. a) “Move All” is the default setting. You may select individual subordinates by checking the box in front of the employee name. The “Move All” button will change to “Move Selected” b) When this feature is selected a pop-up window labeled “Move Subordinates To…” will be displayed. c) Begin typing the name and select from the dropdown list. The function will be completed once the name is selected. d) To cancel this function, click on the “Cancel” button or the close window button. e) Click on “Save Change.” 2. Copy All / Copy Selected – This feature may be used to copy all, or some subordinates, to another manager. a) “Copy All” is the default setting. You may select individual subordinates by checking the box in front of the employee name. The “Copy All” button will change to “Copy Selected” b) When this feature is selected a pop-up window labeled “Copy Subordinates To…” will be displayed. c) Begin typing the name and select from the dropdown list. The function will be completed once the name is selected. d) To cancel this function, click on the “Cancel” button or the close window button. e) Click on “Save Change.” 3. Switch All – This feature may be used to switch all subordinates from one manager to another. a) This feature will not function when a partial list of employees is selected. b) When this feature is selected a pop-up window labeled “Switch Subordinates To…” will be displayed. c) Begin typing the name and select from the dropdown list. The function will be completed once the name is selected. Guardian Tracking Administrator Manual 10/2011 10 GT 3.1 d) To cancel this function, click on the “Cancel” button or the close window button. e) Click on “Save Change.” 4. Mirror All - This feature may be used to mirror (copy) all subordinates from one manager to another. The feature helps when subordinates report to more than one manager. a) This feature will not function when a partial list of employees is selected. b) When this feature is selected a pop-up window labeled “Switch Subordinates To…” will be displayed. c) Begin typing the name and select from the dropdown list. The function will be completed once the name is selected. d) To cancel this function, click on the “Cancel” button or the close window button. e) Click on “Save Change.” E. Save Changes – Click on the “Save Changes” button to finalize. You may find that it isn’t necessary to “Save Changes” after each move within the hierarchy. We recommend you save frequently to avoid losing any data. You have a couple options when transferring or reassigning employees. F. Find Unassigned – This feature may be used to identify any employee missing from the hierarchy. 1. Click on the “Find Unassigned” button. 2. Any unassigned employees will be displayed in a pop-up window. 3. Select the employee(s) and assign to the hierarchy. 4. Click on “Save Changes.” G. Transferring or Reassigning Employees 1. When moving a few employees, simply select the individual employee then delete any relevant names under “Managers” then select the new manager(s) from the dropdown list. 2. When moving a large number of employees, use the “Move Selected”, “Copy Selected”, “Switch All”, and “Mirror All” features. 3. Click on “Save Changes” then check the hierarchy to review the new assignments. Guardian Tracking Administrator Manual 10/2011 11 GT 3.1 X. CATEGORIES – This section is used to manage your agency’s incident categories. There is no limit on the number of categories which may be created. Save Changes – To complete any process (creating, editing, or deleting), click on the “Save Changes” before exiting this section. A. Creating New Categories 1. The “New Documentation” folder appears by default. 2. Create all categories here. This would include your intervention and recognition response categories which will be moved later to the appropriate folder. 3. Click on the “Add Category” button. A new box will appear entitled “New Category.” Enter the name of the new category. This field is limited to 32 spaces or characters. 4. Click on “Save Changes.” You should create specific incident categories to be used in response to all intervention and recognition flags. Examples include; Early Intervention Response, Tardiness Flag Response, Recognition Response, etc. B. Grouping Categories – This optional feature may be used to help provide more consistent documentation. When grouped together, categories will appear in alphabetical order according to group. For example, you may group categories together according to; recognition and awards, general, or discipline. 1. Enter the group name in the appropriate field. 2. The system remembers the group name as you assign additional categories. a) Use the smartbox when adding additional categories. Take care to be exact if you retype the group name, otherwise you will create a different group. Groups appear alphabetically when displayed on the create page. For example, the group “Discipline” will appear before the group “Recognition.” You may further define the group by placing a number before the group name, such as; 1 – Recognition, 2 – Discipline. C. Minimum Title – When this feature is used categories may be selected, while creating new documentation, according to title. For example – Your policy may require a supervisor to issue a letter of appreciation. Supervisor may be selected as the minimum title and only supervisors and above will see this category while creating new documentation. 1. Open the dropdown list in the “Minimum Title” then select the appropriate title. Guardian Tracking Administrator Manual 10/2011 12 GT 3.1 2. If no title is select then the category will be displayed for everyone in the organization who has create rights. 3. Click on “Save Changes.” D. Setting Purge Dates You can set a purge date for each incident category. 1. If left blank, the category will never purge. 2. To purge, enter number of days before purge. 3. If an entry is updated the purge date is reset. E. Description – This feature may be used to create an agency defined definition for each category. The intent is to provide more consistent documentation from the end user. 1. The description is limited to 128 characters. 2. Click on the “Description” field. 3. Type the category description. 4. Click “Done.” 5. Click “Save Changes.” 6. To cancel, click on the “Cancel” button or the close window button. F. Making a Category Inactive 1. All categories are checked “Active” by default. 2. Uncheck selected categories then click on “Save Changes.” 3. The inactive categories will no longer appear as a choice while creating a new entry. 4. However, all past documentation will remain accessible and included in all reports. G. Moving Categories – By now, you should have created specific response categories for the intervention and recognition flags. These response categories must be moved to the appropriate folders. 1. Select the category to be moved. 2. Click on the “Move” button at the end of the category. 3. Open the “Move To” dropdown box and make a selection. 4. Click on “Done” to complete the move. 5. Click “Cancel” or the close symbol to cancel the process. H. Deleting Categories – Initially, you will notice a delete symbol at the end of each new category. Once an entry is made using an incident category is can no longer be deleted. Guardian Tracking Administrator Manual 10/2011 13 GT 3.1 I. Early Intervention and Recognition (You may have already completed this task) 1. Categories for early intervention and recognition response are created in the same manner as those used for new documentation. 2. Open the dropdown list at the top of the “Manage Categories” page and select “Early Intervention” or “Recognition.” 3. Add the appropriate response categories then “Save Changes.” XI. DELETING INCIDENTS / ATTACHMENTS A. Deleting Incidents – May only be performed by the admin user. 1. Go to the “View” section and open the incident to be deleted. 2. Click on the “Delete” button and confirm the deletion. B. Deleting Sub-entries and Attachments – May only be performed by the admin user. 1. Go to the “View” section and open the incident containing the sub-entry or attachment to be deleted. 2. Click on the delete symbol beside the sub-entry or attachment. 3. Confirm the deletion. XII. EARLY INTERVENTION – This section is used to set the intervention flags, thresholds, and time spans within your agency. A Guardian Tracking policy guide is available. Discussion: A comprehensive Personnel Early Warning System does just what the name implies. It identifies agency employees who have developed a pattern of behavior that indicates that agency intervention efforts may be necessary. The key to all of this is the word “early”. Identify a pattern of behavior early, before it becomes serious. The CALEA standard that mandates a Personnel Early Warning System says “An agency should not be faced with investigating an employee for a serious case of misconduct only to find there was an escalating pattern of less serious misconduct, which could have been abated through intervention.” We strongly believe that first line supervision is critical to a successful EI (Early Intervention) system. Too often we see the EI system driven by a single component or by a single supervisor charged with the function. Although the internal affairs function plays an important role it should not drive the system. Who knows an employee better than the first line supervisor? We also believe that every organization is different. Each agency needs to build their policy to fit their needs. We do not believe that you should have to adapt your policy to make Guardian Tracking work for you. We think that Guardian Tracking needs to adapt to your policy. And it will! With Guardian Tracking you decide exactly what data you will track by creating “incident categories” that mirror your agency policy. After that you set time and occurrence Guardian Tracking Administrator Manual 10/2011 14 GT 3.1 thresholds that will trigger a “flag” to everyone in the employee’s chain of command when those thresholds are met. After an EI flag is cleared, it will trigger again if the employee has another incident within the prescribed time frame. What happens when an EI flag occurs? Generally, authority is given to the first line supervisor to review the incidents which triggered the intervention along with all other documented incidents within a defined time period. This will allow the supervisor to determine the appropriate response. The response and related incidents can be reviewed by everyone up the chain of command. We suggest your agency policy require a review and sub-entry by the next level of supervision. This will maintain the integrity of the review process. A. Creating a new Intervention Rule. 1. Open the “Early Interventions” section then click on the “New” button and name the intervention rule. a) If you are creating a rule to track multiple categories, we suggest using names such as Early Intervention Flag or Early Warning Flag. b) If you are creating a rule for a single category simply use the name of the category (Pursuit Flag, Tardiness Flag, etc.). 2. The “Active” box is checked by default. This field may be deselected to make the flag inactive. 3. Setting Thresholds Take some time to think through this process. The thresholds can be set to reflect those in your agency policy. We encourage you to discuss these thresholds with your staff. You can also give us a call. An intervention flag should be a significant event for a supervisor. If thresholds are set too low and result in frequent flags it may diminish the significance of the intervention process. a) Count – Set the number of occurrences which will trigger the intervention flag. b) Timespan – Set the time period in which the incident count will be measured. c) Reuse Categories – If this option is checked the categories will accumulate resulting in a flag being retriggered when subsequent entries are made. We recommend you check this option for all intervention flags. Guardian Tracking Administrator Manual 10/2011 15 GT 3.1 4. Categories – Open the dropdown box and select the incident(s) that will trigger the intervention flag. a) Example – You may create “Early Intervention” flag monitoring pursuits, use of force, and citizen complaints with a threshold of 4 incidents within a 180 day period. Any combination of four occurrences involving the selected incident categories will trigger the intervention feature. Incident categories may be selected in more than one rule. Be aware that doing so could trigger multiple flags. For instance, using tardiness in a “Tardiness” flag and again in an “Early Intervention” flag could trigger both flags. Both would require a response. 5. Save Changes – Click on the “Save” button to finalize. B. Editing an Intervention Rule. 1. Open the dropdown box and select the rule you want to edit. This will open the data fields for that particular rule. 2. You may edit the incident categories by clicking on the delete symbol at the end of the category. This will delete the category. At the same time, you may assign other categories by opening the dropdown box. 3. Make your changes then click “Save” button. C. Deleting an Intervention Rule. 1. Open the dropdown box and select the rule you wish to edit. 2. Click on the “Delete” button to delete the selected rule. 3. Note – an intervention rule may not be deleted once it has been triggered within the system. D. Deleting an Intervention Flag 1. The admin user has the ability to delete an Intervention Flag without a response being made. 2. The admin user must be able to see the Intervention Flag. In order to do this, the admin must be part of the hierarchy. 3. Click on the Intervention Flag then click on the “Delete Flag” button. 4. Confirm the deletion. Once you select any other page (Home, View, etc.) the Invention Flag will clear. Guardian Tracking Administrator Manual 10/2011 16 GT 3.1 XIII. RECOGINITION A. This feature is in keeping with our philosophy of driving performance through positive recognition. B. Recognition flags are managed in the same manner as the intervention flags. 1. Reuse Categories – If this option is checked the categories will accumulate resulting in a flag being retriggered when subsequent entries are made. We recommend you uncheck this option for all intervention flags. Final note – as always contact us at any time should you have any questions. Mike Reed mike@guardiantracking.com (765) 621-8424 Leon Wasilewski leon@guardiantracking.com (765) 621-6764 USER MANUAL GT (3.1) At Guardian Tracking, we believe our software is so simple and easy to use that a “users” manual is unnecessary. However, we have created this instructional manual for your convenience. Throughout this manual you will find several tips identified by to help you work with Guardian Tracking. You will find that Guardian Tracking is so flexible that it will allow you to come up with new and innovative ways to use the software. If you come up with something new we invite you to share it with others. You can contact us at info@guardiantracking.com. I. LOG IN A. On the initial login screen, you will find an option reading “Remember Me.” 1. It will speed up your login time if you check the box. 2. Do not check the box if you share a computer with someone else. B. When you login for the first time you will be prompted to change your password. 1. During the set up process you received a temporary password. You should replace this password. IMPORTANT: We recommend a password of at least 8 characters with 2 of those characters being numbers or symbols. II. HOME PAGE A. Page Tabs – The page tabs (Home, Create, View and Account) located at the top of the page function as home keys for that page. B. Recent Activity – Entries will appear on the home page when someone in the organization creates or updates documentation involving you or a subordinate. The incidents will remain on the home page until reviewed. The intent is to alert the user of new or updated information. You may update entries and add attachments during this review. Guardian Tracking User Manual 10/2011 2 GT 3.1 C. On Hold – This folder contains any entries being held for review. See the “Create” section for more information. D. Action Items – This folder contains entries with assigned action items. Action items may be assigned to you or another employee. See the “Create” section for more information. E. Hierarchy – The hierarchy folder contains the names of any “Managers” and “Subordinates” in your hierarchy (chain of command). These names are linked to the query filters in the View page. The number of dayssince the last login also appears beside the names of subordinates. See the “View” section for additional information regarding filters. Any discrepancies in these fields should be reported to the admin user. 1. If you have down line subordinates, a + sign will appear beside your subordinates. a) Click on the + sign to display your down line subordinates. b) Click on – sign to close the hierarchy display. F. Log Off – Click on this button to log out of the system at any time. III. CREATE – This page will allow the user to create new entries, attach documents, and link related entries. Note – the Create tab and page are only displayed when an employee has been given create rights. Creating most incidents involves a few simple steps; choose an incident category, an employee, occurred date, type the narrative, and then hit the "Create Incident” button. It’s that easy! A. Selecting Incident Category – Open the dropdown box and select a category. 1. Incident categories are displayed according to hierarchy, or “minimum title.” For instance, the minimum title for “peer recognition” may be the only category assigned to entry level employees. When creating an entry, “peer recognition” is the only selection available to an entry level employee. a) The minimum titles are assigned by the admin user. 2. Categories may also be grouped together according to agency preference, such as; Recognition/Awards, General, Discipline, etc. 3. Categories may also contain an agency defined description. a) Any agency defined description will appear after the category is selected. The description does not become part of the entry. Guardian Tracking User Manual 10/2011 3 GT 3.1 B. Select Employee – Click on the “Employee(s)” field. 1. You may create an entry on anyone in your organization. 2. Begin typing then select the name when it appears. a) You can quickly locate an employee by first name, last name, or employee ID. 3. Mass Incident Creation – This feature will help when you need to document information on several employees involved in the same incident. a) The “Employee(s)” box will appear again allowing you to choose another employee. b) Repeat the process until you have entered all the desired names. c) Hit the delete symbol beside a name to remove an employee from the list. d) When all the steps are completed, Guardian Tracking will create stand alone entries for all selected employees. C. Select Occurred Date – Open the dropdown box to access the calendar. The current month will appear. 1. The current day will be highlighted. Click on the current day or a previous day in the month. You may also type the word “today” or “yesterday.” 2. You can quickly scroll through the calendar for a previous date by clicking on the links at the top of the calendar. a) The arrows will move the calendar backward or forward one month at a time. D. Body – Click on the narrative box and type your entry. You may also copy or paste text from other existing sources such as Microsoft Word, an email, etc. Most modern Internet browsers contain an integrated spell check. IE users can download the Google toolbar which also contains a spell check feature. E. Hold for Review – This feature may be used to hold an entry for a period of 1-30 days as defined by the super admin. 1. While creating an entry select the option “Hold this incident for review. The entry will be created, but will not be published for the defined period. The entry will be viewable by supervision, but not the employee involved. The intent is to provide a period in which supervision may meet with the employee and discuss the incident. Guardian Tracking User Manual 10/2011 4 GT 3.1 2. Once the discussion has occurred, simply click on the “Publish” button. Once published, entries are viewable by the employee. a) Entries on hold are an exception to the hierarchy rule. Entries being held are viewable by the individual who created the entry until it is published. b) Entries are automatically published once the defined threshold period expires. The intent is to prevent documentation from being inadvertently held for an indefinite period of time. F. Attaching Files – This feature may be used to attach related documentation to the entry. 1. Simply click on “Upload File” to search for an existing document. You may double click on the file or hit “Open” to make the attachment. 2. You may remove the attachment as long as you do so prior to saving. 3. Once an attachment has been saved it can only be deleted by the admin user. 4. Repeat steps 1-2 to attach additional files. G. Linking Related Incidents 1. Click on the “Related Incidents” link. 2. Any past documentation of a subordinate employee will be displayed. 3. Click on the box in front of the related incident(s). 4. Click on “Done” to complete the selection process or click on “Cancel” to cancel the process. 5. You may also review the narrative of an entry during the selection process. a) Click on the individual entries to display the narrative. Click on the close symbol to close the narrative and continue your review. b) After reviewing the narrative, check the box beside the entry to make your selection. c) You may link multiple entries. d) Click on “Done” to complete the process. 6. Once the new entry has been saved, the linked entries will be displayed when the entry is viewed. Guardian Tracking User Manual 10/2011 5 GT 3.1 7. Changing Related Entries Even after saving an entry you may change the related entries. a) Click on the “Change Related” button to display the selected employee’s past history. b) Select or deselect entries to make the needed changes then click “Save” to complete the process. Click on “Cancel” or the close symbol to cancel the process. c) Related entries may be changed by anyone in the involved employee’s hierarchy except the actual employee. 8. Intervention / Recognition Flags – It should be noted that your response to an intervention or recognition flag will automatically link the entries which created the flag. See the “Early Intervention” and “Recognition” sections for more information. a) However, if you discover additional entries during your review they may be added to those already listed. H. Create Incident – Click to “Create Incident.” 1. The entry will be displayed if it involves a subordinate. 2. If the entry is about an employee outside of your hierarchy, a message will appear on the home page indicating the new entry has been created. 3. If you are creating a mass incident, a message will on the home page indicating the entries have been created. I. Action Items 1. Actions Items have two main purposes; as a follow up task for you, or a follow up task assigned to someone else. a) An Action Item may be created by anyone, at any time. b) Action Items do not become a permanent part of an entry. c) An entry may contain multiple action items. 2. Creating an Action Item a) Click on “Create Action Item” to display the feature options. b) Click on “Due Date” to open the calendar dropdown or simply type the date. c) Enter the appropriate name in the “Assign To” field. It is not necessary to enter a name when assigning a task to yourself, leave the “Assign To” field blank. Guardian Tracking User Manual 10/2011 6 GT 3.1 d) Describe the task in the “Note” field. You are limited to 128 characters. e) Click on “Done” to complete the process. f) Click on “Cancel” or the close symbol to cancel the process. 3. Viewing / Completing Action Items a) Action Items assigned to you, or by you, are stored in the “Action Items” folder on the “Home” page. A number on the “Action Items” folder indicates the number of pending action items. b) Click on the “Action Items” folder to display pending actions. c) Click on the individual entry to open. d) Action Items will be displayed as “Pending” until completed. To complete an Action Item, click on the check box beside the Action Item. The note will clear automatically. Adding a comment to an entry may be necessary, but is not required to clear an Action Item. (1) Assigned Action Items which have been cleared will be displayed as “Completed” for the employee who assigned the task. (2) Check the box beside the Action Item to clear an assigned task. J. Editing 1. Edit rights are assigned by the admin user. If assigned, an employee has the authority to edit the incident category and occurred on date. 2. Click on the “Edit” button. 3. Make the necessary changes then click on the “Save” button. Clicking the “Save” button also cancels the feature. a) The “Edit” button becomes the “Save” button when the feature is activated. K. Audit Trail 1. The audit trail may be viewed by anyone with access to an entry. 2. Click on the “Audit Trail” button to display and close audit trail details. L. Print 1. Click on the “Print” button to display the print options. 2. Click on the “Include Signature Lines” if you want the information included on the report. 3. Select printing option (Adobe Acrobat, Microsoft Excel, or Microsoft Word). (1) For more information, see “Reports” section V. Guardian Tracking User Manual 10/2011 7 GT 3.1 M. Timing Out 1. As a security feature, Guardian Tracking times out automatically after about 15 minutes of inactivity. 2. When the system times out, any incomplete entry will be saved. You will be given the option to complete or clear the entry the next time you login and enter the “Create” page. N. Deleting Entries – An entry can only be deleted by the admin user once it has been saved. 1. Individual sub-entries and attachments may be deleted without deleting the entire entry. Again, only an admin user can perform this function. Should you discover an error after saving, we suggest making the correct entry then reporting the error to the admin user. IV. VIEW – This page allows you to browse, find, view, update, and print documentation in the database. You can access all documentation about yourself or employees in your hierarchy. A. Filters – You can quickly find the documentation you are looking for by creating a filter. You can filter by Employee, Category, Entered By, Occurred On, Key Word, and Downline From. You really have a lot of flexibility in how you query, view and print information found on the View page. You can create filters to customize how the information is displayed. Then sort the information in ascending or descending order by clicking on the category headings. Finally, you can print the results of your query in a “report” form. You simply need to decide what information you are looking for and how you would like it displayed. 1. Click on “Add Filter” then select a filter option, or options from the dropdown list. You may select any combination of filter options. For instance, you may filter for an “Employee”, a “Category”, and “Occurred On (date).” a) “Employee” – filter for an individual or multiple employees. b) “Category” – filter for an individual of multiple categories. c) “Exclude Category” – allows user to exclude categories from a report. d) “Date Range” – filter for a specific date or a date range. e) “Entered By” – filter for an individual employee or multiple employees. f) “Keywords” – filter for a key words (case number, etc.) contained within an entry. g) “Title” – filter for specific title (supervisor, employee, etc.). h) “Downline From” – filter for an individual employee or multiple employees. The query display data on the employee(s) was well as everyone down line in the hierarchy. Guardian Tracking User Manual 10/2011 8 GT 3.1 2. Remember, you can quickly select an employee by entering the first name, last name, or ID number. 3. Select and enter the dates in the dropdown calendars found in the “Occurred On” fields. You may also leave the fields blank and access all documentation for a particular query. 4. As you enter your selection(s), the system will automatically filter for the results of your query. 5. Click on any of the category headings to sort the information in ascending or descending order. 6. Select a print option to display the information in printed form. See “REPORTS” on the next page for details on printing. 7. You may click on the “Reset Filters” button at any time to clear your selections. B. Sorting 1. You can sort through the data field by clicking on any of the headings. a) “Category” may be sorted alphabetically in ascending or descending order. b) “Employee” may be sorted alphabetically in ascending or descending order. c) “Occurred On” and “Entered On” may chronologically by date. d) “Entered By” may be sorted alphabetically in ascending or descending order. 2. “First”, “Previous”, “Next” and “Last” links appear at the bottom of the data field. You can quickly jump through the various pages by clicking on these links. 3. A paperclip icon with appear in the far right hand column for any entries containing an attachment. 4. You may select an individual entry at any time to view, update, or print. a) Click “Print” to view an Incident Report. (1) Click on any attachments to open and print. (2) For more information, see “Reports.” b) You may also create a subsequent entry by clicking on “Add Comment” while viewing an incident. (1) Type the text of the subsequent entry then click on “Post Comment.” (2) Attachments may also be adding while creating sub-entries. Guardian Tracking User Manual 10/2011 9 GT 3.1 c) Click on the “View” tab to exit the entry. V. R EPORTS – Reports and printing options are found on the “View” page where you can generate, review, and print. There is virtually no limit to how you generate information for reporting. A. Incident List – This report will generate a list of all entries (without narratives) according to the requested query. This report is ideal for identifying trends in documentation and possible training needs. 1. Select the appropriate filter or filters. 2. If desired, sort the columns in the data field in ascending or descending order. 3. Click on a print option then select print format (Adobe Acrobat, Microsoft Excel, or Microsoft Word). Follow print commands. B. Incident Details – This report will generate all entries with narratives according to the requested query. All original and subsequent entries will be displayed in chronological order. 1. Select the appropriate filter or filters. 2. If desired, sort the columns in the data field in ascending or descending order. 3. Click on a print option then select print format (Adobe Acrobat, Microsoft Excel, or Microsoft Word). Follow print commands. C. Incident Totals – This report will generate a list of incident categories and numerical totals according to the requested query. The report does not include narratives. 1. Select the appropriate filter or filters. 2. If desired, sort the columns in the data field in ascending or descending order. 3. Click on a print option then select print format (Adobe Acrobat, Microsoft Excel, or Microsoft Word). Follow print commands. VI. ACCOUNT – This page is used to change your password and set options for email notification. A. Managing password. 1. Click on the “Change Password” button and enter then retype a new password. 2. Click on “Save Changes.” Guardian Tracking User Manual 10/2011 10 GT 3.1 B. Email Notification – select from any of the following options. 1. Incidents: a) A new incident is created about me. b) An incident about me is updated. c) A new incident is created about a direct subordinate. d) A new incident is created about nay subordinate. e) An incident about a direct subordinate is updated. f) An incident about any subordinate is updated. g) An incident that I’ve participated in is updated. h) A held-for-review incident is about to be published. 2. Action Items a) An action item is assigned to me. b) An action item assigned by me is completed. c) An action item is nearing its due date. 3. Early Intervention Flags a) An early intervention flag is raised about a direct subordinate. b) An early intervention flag is raised about any subordinate. 4. Recognition Flags a) A recognition flag is raised about a direct subordinate. b) A recognition flag is raised about any subordinate. 5. Click on “Save Changes.” VII. EARLY INTERVENTION Discussion: A comprehensive Personnel Early Warning System does just what the name implies. It identifies agency employees who have developed a pattern of behavior that indicates that agency intervention efforts may be necessary. The key to all of this is the word “early”. Identify a pattern of behavior early, before it becomes serious. The CALEA standard that mandates a Personnel Early Warning System says “An agency should not be faced with investigating an employee for a serious case of misconduct only to find there was an escalating pattern of less serious misconduct, which could have been abated through intervention.” We strongly believe that first line supervision is critical to a successful EI (Early Intervention) system. Too often we see the EI system driven by a single component or by a single supervisor charged with the function. Although the internal affairs function plays an important role it should not drive the system. Who knows an employee better than the first line supervisor? Guardian Tracking User Manual 10/2011 11 GT 3.1 We also believe that every organization is different. Each agency needs to build their policy to fit their needs. We do not believe that you should have to adapt your policy to make Guardian Tracking work for you. We think that Guardian Tracking needs to adapt to your policy. And it will! A Guardian Tracking policy guide is available. With Guardian Tracking you decide exactly what data you will track by creating “incident categories” that mirror your agency policy. After that you set time and occurrence thresholds that will trigger a “flag” to everyone in the employee’s chain of command when those thresholds are met. After an EI flag is cleared, it will trigger again if the employee has another incident within the prescribed time frame. What happens when an EI flag occurs? Generally, authority is given to the first line supervisor to review the incidents which triggered the intervention along with all other documented incidents within a defined time period. This will allow the supervisor to determine the appropriate response. The response and related incidents can be reviewed by everyone up the chain of command. We suggest your agency policy require a review and sub-entry by the next level of supervision. This will maintain the integrity of the review process. A. Early Intervention rules are set by your agency to track certain incident categories. Thresholds are set to trigger intervention flags. B. The ‘Intervention” tab and page will be displayed when an intervention rule is triggered. 1. The “Intervention” tab and page will be displayed for everyone up line in the involved employee’s hierarchy. This information is not displayed for the employee involved. 2. The “Intervention” tab and page will remain displayed until an intervention response has been created. C. Open the “Intervention” page. The entries which triggered the intervention flag will be listed in this page. Click on the entry links to review the documentation. D. Click on “Post Response.” Before creating a response, we recommend reviewing other past documentation on the involved employee. You can do by clicking on the subordinate link in the “Hierarchy” folder on the “Home” page, or filtering in the “View” page. 1. Creating a response is performed in the same manner as creating an incident. 2. Select the incident category determined by your agency for the response (typically Early Intervention Response or Early Warning Response). Guardian Tracking User Manual 10/2011 12 GT 3.1 3. The “Intervention” tab and page will disappear once a response has been created. However, another entry within the same threshold period will trigger another intervention. VIII. RECOGNITION FLAGS A. Recognition flags function in the same as intervention flags, but are intended to track positive documentation. B. A “Recognition” tab and page will be displayed when a recognition rule is triggered. 1. The “Recognition” tab and page will be displayed for everyone up line in the involved employee’s hierarchy. This information is not displayed for the employee involved. 2. The “Recognition” tab and page will remain displayed until a recognition response has been created. C. Open the “Recognition” page. The entries which triggered the recognition flag will be listed in this page. Click on the entry links to review the documentation. D. Click on “Post Response.” Before creating a response, we recommend reviewing other past documentation on the involved employee. You can do by clicking on the subordinate link in the “Hierarchy” folder on the “Home” page, or filtering in the “View” page. 1. Creating a response is performed in the same manner as creating an incident. 2. Select the incident category determined by your agency for the response. E. The “Recognition” tab and page will disappear once a response has been created. Final note – as always contact us at any time should you have any questions. Mike Reed mike@guardiantracking.com (765) 621-8424 Leon Wasilewski leon@guardiantracking.com (765) 621-6764 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: January 9, 2012 for the January 23, 2012 Council meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Kittelson & Associates for Hopewell/Francis/Cogburn Roundabout Peer Review Background: This agreement is to provide a peer review of the proposed roundabout design for the intersection of Hopewell Rd, Francis Rd, and Cogburn Rd. Roundabouts are still new in the Atlanta area and peer reviews identify possible improvements to the design from a firm with national experience. It is now a requirement of Georgia Department of Transportation (GDOT) roundabout projects to require a peer review. GDOT has a list of approved roundabout peer review firms. Kittelson is the firm that will be used on an upcoming Milton/GDOT project and was selected for this task for professional services. Discussion: The work to be completed under this Agreement will include a concept level peer review of the operationally analysis and horizontal design. The work also includes meetings and documentation. Staff is recommending the approval of a professional services agreement between the City of Milton and Kittelson & Associates, Inc. to provide roundabout peer review in the amount of $3,000.00. The budget for this work will be from Capital Project Fund. Legal Review: Agreement – Paul Higbee, Jarrard & Davis on 12/21/2011 Attachments: 1. Agreement ASj ! ; City of Milton PROFESSIONAL SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000.00 OR LESS HOPEWELL/FRANCIS/COGBURN ROUNDABOUT PEER REVIEW This Professional Services Agreement (the "Agreement") is made and entered into this _ day of , 2011, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Kittelson & Associates, Inc. (hereinafter referred to as the "Consultant"). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the "Work"); and WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONTRACTOR AFFIDAVIT AND AGREEMENT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as providing a peer review of the proposed roundabout design at the intersections of Hopewell Rd/Francis Rd/Cogbum Rd. In addition to the proposal included in Exhibit A, the City may add optional additional conference calls and discussion of markups as needed not to exceed $500. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work within 30 days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services Page 1 of 4 performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $3,000 (the "Contract Price"), except as outlined in Section 4 above. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. Section 6. Covenants of Consultant A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose negligent acts Consultant or sub-conconsultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses Certifications and Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory Page 2 of 4 bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Consultant ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant's Representative: Justin Bansen shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. H. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub -consultants, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 3 of 4 [KITTELSON ASSOCIATES, INC.] Signature: Printed Name: Title: /4sSoc;n'KLe Eos'%.ee-r/ar%acfo [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Page 4 of 4 Exhibit A Work Description KITTELSON & ASSOCIATES, INC. TRANSPORTATION ENGINEERING / PLAN N I N G 225 E Robinson Street, Suite 450, Orlando, FL 32801 407.540.0555 : 407.540.0550 December 19, 2011 Project #: 12245.p City of Milton Sara Leaders 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 RE: Peer Review for Proposed Roundabout We are pleased to submit the attached proposal for transportation engineering services associated with reviewing the proposed single -lane roundabout at the intersections of Hopewell Rd/Francis Rd/Cogburn Rd in Milton, Georgia. Part "A" identifies our proposed scope of work for the project. This scope was developed based on our discussions with you. Our work activity will be focused on the review the horizontal design concept (prepared by Stantec) for the single -lane roundabout and provide redline markups to illustrate findings. Our review will be focused on flagging potential issues with the design and identifying possible improvements that could be further explored by the project team. We propose to conduct the work on a lump sum basis for a fee of $2,500. I will serve as the Project Manager and Ed Myers, P.E. will serve as the Project Principal providing senior review and quality assurance. Any questions of a technical or contractual nature can be directed to either Ed or me. Thank you for the opportunity to propose on this project. If you have any questions please call us at (407) 540-0555. Sincerely, KITTELSON & ASSOCIATES, INC. a� l Justin Bansen, P.E. Associate Engineer Roundabout Peer Review Project #:12245.p December 19, 2011 Page: 2 of 2 Part A - Scope of Work Task 1 - Concept -Level Peer Review 1. Operational Analysis KAI will review the operational analysis (prepared by Stantec) for the proposed roundabouts for design year traffic conditions. The intent of the review is to verify that the proposed lane configurations (single -lane roundabout with right -turn bypass lanes) are appropriate for the forecast design year volumes. 2. Roundabout Design Peer Review KAI will review the horizontal design concept (which includes one single -lane roundabout with bypass lane) developed by Stantec and will provide redline markups to illustrate identified issues or potential areas of design refinement that might be further explored by the project team. The review will be conducted based upon the design principles outlined in NCHRP Report 672, Roundabouts: An Informational Guide - 2nd Editions and as augmented by KAI's practical and research experience. 1. KAI will review the horizontal design related to the following design objectives: a. Fastest Path Speeds - KAI will verify that the proposed design meets performance objectives for fastest path speed control. Fastest paths will be provided by Stantec for KAI's review. b. Design vehicle accommodation - KAI will review the design vehicle swept path to verify that the roundabout designs adequately accommodate the design vehicle for each of the turning movements. Design vehicle checks will be provided by Stantec for KAI's review c. Driver view angles and channelization. 3. Meetings and Documentation KAI will provide redline mark-ups to illustrate any comments related to the horizontal design. Redlines will be submitted in PDF format via e-mail. The e-mail will include a brief bullet -point summary of key issues identified during the review. No formal report will be prepared as part of this task. KAI will participate in one phone conference call to discuss the results of the review and clarify any questions that the project team may have with addressing the comments. This scope does not include preparatory time (graphics and handouts) or attendance time for any public hearings or meetings. All client requests for additional presentations and meetings of this nature will be accommodated on a time -and -materials basis and will be considered out - of -scope work. Kittelson & Associates, Inc. Orlando, Florida Client#: 763494 KITTEASC ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 12/20/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Kibble & Prentice, a USI Co PR 601 Union Street, Suite 1000 Seattle, WA 98101 CONTACT NAME: PHONE 206 441-6300 FAX ,Ext: A/c, No :610-362-8528 -MAIL ADDRESS: PL.Certrequest@kpcom.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Casualty Insurance Com 29424 INSURED INSURER B: Wausau Underwriters Insurance C 26042 Kittelson & Associates, Inc. 610 SW Alder Street Suite 700 Portland, OR 97205 INSURER C: XL Specialty Insurance Company 37885 INSURER DHartford Underwriters Insurance 30104 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY 52SBAUQ5445 1/01/2012 01/01/2013 EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR PREMISESOEa occurrrence $300,000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 X Business Liability GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO LOC JECT $ D AUTOMOBILE LIABILITY 52UECVZ2830 1/01/2012 01/01/2013 EaINED acccdentSINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident X HIRED AUTOS X NON -OWNED AUTOS UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? [N] N / A WCJZ91451136012 1/01/2012 01/01/2013 X I WORYTLMITS EERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional DPR9696637 12/30/2011 12/30/2012 $2,000,000 per claim Liability $4,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: KAI PN 12245 As required by written contract the City of Milton is named as an additional insured and coverage is primary and non-contributory per the Business Liability Coverage form SS0008, attached to the policy. Those usual to the Insureds Operations. CERTIFICATE HOLDER CANCELLATION City of Milton 13000 Deerfield Parkway, Suite 107G Milton, GA 30004 ACORD 25 (2010/05) 1 Of 1 #S6747338/M6743701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SXFJU STATE OF GEORGIA (CITY OF MILTON EXTCIT1TBIT "C" CONTRACTOR AFFIDAVIT ANIS AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. I59cl D '�- EEV / Basic Pilot Program User Identification Number BY: Authoriz d Officer or Agent Date [KITTELSON & ASSOCIATES, INC.] Title of Authorized Officer or Agent of Contractor ss6t f4• � ,�4I'Y-e1/-, Printed Name of Authoriz d Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE VbAY OF Co -1 6 ' 92011 Notary Public Xl—( Comm-7ission Expires: dk 11 1111 111111111 11111111 11111111 J ')01 OFFICIAL SEAL LOUISA MAREE / L Mmy NOTARY PUBLIC -OREGON cel��COMMISSION NO. 438214V'1 COMMISSION EXPIRES APRIL 7, 2 013 Recognizing Milton’s Cuisine and Cocktails Being Named a “Top 100 American Cuisine Restaurant” WHEREAS, The City of Milton seeks to promote its many unique local businesses and the tremendous services they provide; and WHEREAS, Milton’s Cuisine and Cocktails, located in Historic Downtown Crabapple, exemplifies the area’s charm, class and taste, offering New Southern fine dining to residents, neighbors and travelers; and WHEREAS, Milton’s Cuisine and Cocktails was recently named one of the Top 10 0 American Cuisine restaurants in the country by OpenTable.com; and WHEREAS, The prestigious Web site also commended the eatery for having the best ambiance of any restaurant in North Fulton due to the buildings in which it sits – a 150-year-old farmhouse and cottage from the 1930’s; and WHEREAS, This designation will bring fine diners from across the United States to Milton to try executive chef Boyd Rose’s famous cuisine, thereby creating national name recognition and panache for the City of Milton. Now, therefore, we, the Mayor and City Council of the City of Milton, Georgia, hereby recognize Milton’s Cuisine and Cocktails being named a “Top 100 American Cuisine Restaurant.” Given under my hand and seal of the City of Milton, Georgia on this 23rd day of January, 2012. (Seal) ______________________ Joe Lockwood, Mayor Naming February “Have a heart for NFCC” month WHEREAS, eight concerned citizens from our community gathered on July 29, 1982 and formed a non-profit, charitable organization known as North Fulton Community Charities; and WHEREAS, North Fulton Community Charities’ mission is to build self-sufficiency and prevent homelessness and hunger by providing emergency assistance and family enrichment programs for the financially challenged families residing in our community; and WHEREAS, North Fulton Community Charities provided emergency aid to more than 5000 families this past year; and WHEREAS, North Fulton Community Charities distributes more than 9 tons of food each week to combat hunger; and WHEREAS, North Fulton Community Charities provides enrichment programs designed to enable self- sufficiency. Classes are taught in money management, job seeking, GED preparation, English as a second language and other life skills as needed; and WHEREAS, North Fulton Community Charities positively impacts the lives of under privileged children by donating school supplies, warm coats and clothing, Easter baskets and toys; and WHEREAS, North Fulton Community Charities conducts an annual holiday providing food baskets for needy families; and WHEREAS, North Fulton Community Charities has constituted a coalition of compassion in th e community made up of 80 faith-based partners, 141 civic partners, 101 area schools, 418 corporate partners, as well as hundreds of individuals and families; and WHEREAS, North Fulton Community Charities logged more than 125,000 volunteer hours and employs 500 volunteers each week; and WHEREAS, North Fulton Community Charities is conducting its annual fund and awareness raising campaign, “Have a heart for NFCC,” during the month of February. Now, therefore, we, the Mayor and City Council of the City of Milton, Georgia, herby proclaim the month of February 2012 as “Have a heart for NFCC” month, and call upon the citizens of Milton to join in the celebration by making a contribution in support of the great work that NFCC is doing to enhance the quality of life in our city. Given under my hand and seal of the City of Milton, Georgia on this 23rd day of January, 2012. (Seal) ______________________ Joe Lockwood, Mayor Prepared by the Community Development Department for the January 23, 2012 Mayor and City Council Meeting Page 1 of 10 PETITION NUMBER(S): ZM11-03 PROPERTY INFORMATION ADDRESS 12792 Donegal Lane (Vickery Crest Subdivision, Lot #39) DISTRICT, LAND LOT 2/2, 1053 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING CUP (Community Unit Plan) RZ05-135 EXISTING USE Single Family Residence PROPOSED USE Accessory Structure to the Single Family PETITIONER Gerald Hudgins ADDRESS 12792 Donegal Lane Milton, GA 30004 PHONE 770-754-0910 APPLICANT’S REQUEST: 1) To modify Condition 3.a. of RZ05-135 to reduce the Minimum Rear Yard from 50 feet to 10 feet along the west property line for Lot #39 (12792 Donegal Lane). COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – DECEMBER 19, 2011 ZM11-03 – APPROVAL CONDITIONAL MAYOR AND CITY COUNCIL RECOMMENDATION – DECEMBER 19, 2011 ZM11-03 – DEFER TO THE JANUARY 23, 2012 CITY COUNCIL MEETING A request was made to the City Attorney to review ZM11-03 and determine if in lieu of the proposed zoning modification, a concurrent variance could be granted in order that “precedent” was not set in the neighborhood if it was approved. Prepared by the Community Development Department for the January 23, 2012 Mayor and City Council Meeting Page 2 of 10 LOCATION MAP Prepared by the Community Development Department for the January 23, 2012 Mayor and City Council Meeting Page 3 of 10 SITE PLAN RECEIVED ON NOVEMBER 3, 2011 Prepared by the Community Development Department for the January 23, 2012 Mayor and City Council Meeting Page 4 of 10 Partially Constructed Accessory Structure in rear setback and drainage easement View from Donegal Lane toward the Accessory Structure Prepared by the Community Development Department for the January 23, 2012 Mayor and City Council Meeting Page 5 of 10 Views looking north along the rear property line from behind the shed View looking east toward the house from the rear property line Prepared by the Community Development Department for the January 23, 2012 Mayor and City Council Meeting Page 6 of 10 Condition to be modified (indicated in yellow highlight): 3. To the owner’s agreement to the following site developm ent considerations: a. The applicant’s proposed minimum setbacks and design standards are as follows: Minimum front yard Setback: 30 feet Minimum side yard (Interior): 5 feet Minimum side corner yard (Corner): 20 feet Minimum rear yard: 25 feet Minimum Rear Yard along the west/South property lines: 50 feet except for lot #39 (12792 Donegal Lane) which shall be 10 feet Minimum Setback along Hopewell Road: 50 feet Minimum Lot Width: 90 feet Subject Site and Community Input The subject site is located within the Vickery Crest Subdivision located on the west side of Hopewell Road in the southern portion of the City. It is zoned CUP (Community Unit Plan) pursuant to RZ05-35. Vickery Crest is currently under development with a total of 46 lots in Phase 1 where the request for modification is located. There are currently fifteen homes occupied and ten under construction. Community Zoning Information Meeting – November 30, 2011 The applicant was in attendance at the meeting. There were five people in attendance all of which live within the Vickery Crest Subdivision. They were in opposition to the approval of the Zoning Modification to allow the structure to remain in the minimum rear setback. It was their opinion that if this was approved it would set a “precedent” for future structures to be built in the minimum rear yard. Staff has received two phone calls requesting additional information but has not received any written correspondence from them. Analysis and Recommendation The applicant is requesting a reduction of the minimum rear yard (west property line of the subdivision) adjacent to Providence Oaks Subdivision. The applicant began construction of a gardening shed approximately 10 feet from the rear property line. It was discovered by Staff that the location of the shed was also within the 20 foot drainage easement as recorded on the final plat for Vickery Crest Subdivision. Staff requested that the homeowner cease further construction until the issue was resolved through the Zoning Modification process. The applicant intends to finish the outside of the structure with the same materials and architecture as the house and screen the structure from the street with evergreen plantings. Prepared by the Community Development Department for the January 23, 2012 Mayor and City Council Meeting Page 7 of 10 Staff notes that a building permit is not required for accessory structures less than 120 square feet. The site plan shows that the buildable area for the lot is small and appears that the existing location of the shed is one of the only areas to place the structure on the lot. After explaining the issue of the drainage easement allowing the free flow of water down the back side of the subdivision, the applicant has agreed to put the structure on pillars so water can flow freely underneath it. Secondly, Staff is recommending that the structure be screened from the street view with evergreen plantings. These items will be included in the Recommended Conditions. The applicant has supplied Staff with two letters of support, one from the property owner directly behind the subject site in Providence Oaks Subdivision and one from the property owner adjacent to the north at 12782 Donegal Lane. These letters are at the end of the report. In addition, the applicant has permission from the developer who is in control of the homeowner’s association to construct the shed in the rear setback. It appears that if the structure is raised to allow water to flow and screened from the street, there appears not to be a negative impact on the adjacent property owners if approved with the attached conditions . Therefore, Staff recommends APPROVAL CONDITIONAL of ZM11-03. Prepared by the Community Development Department for the January 23, 2012 Mayor and City Council Meeting Page 8 of 10 RECOMMENDED CONDITIONS Should the Mayor and City of Council approve this petition, the Recommended Conditions (RZ05-135) should be revised to read as follows: 3. To the owner’s agreement to the following site development considerations: a. The applicant’s proposed minimum setbacks and design standards are as follows: Minimum front yard Setback: 30 feet Minimum side yard (Interior): 5 feet Minimum side corner yard (Corner): 20 feet Minimum rear yard: 25 feet Minimum Rear Yard along the west/South property lines: 50 feet except for lot #39 (12792 Donegal Lane) which shall be 10 feet only for the existing accessory structure depicted in the site plan dated November 3, 2011 Minimum Setback along Hopewell Road: 50 feet Minimum Lot Width: 90 feet c. The existing accessory structure on Lot #39 shall be elevated a minimum of 12 inches from the ground to allow water to flow. d. The existing accessory structure located on Lot #39 shal l be screened from view from Donegal Lane. Prepared by the Community Development Department for the January 23, 2012 Mayor and City Council Meeting Page 9 of 10 Prepared by the Community Development Department for the January 23, 2012 Mayor and City Council Meeting Page 10 of 10 ORDINANCE NO. PETITION NO.ZM11-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION Z05-132 ON MAY 3, 2006 PROPERTY LOCATED ON HOPEWELL ROAD IN LAND LOTS 1053, 1108 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 22.343 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 23rd at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on May 3, 2006, for petition Z05-132 that approved a zoning to CUP (Community Unit Plan) for property located on Hopewell Road (Vickery Crest Subdivision) consisting of a total of approximately 22.343 acres, attached hereto and made a part herein; SECTION 2. ALL THAT TRACT or parcel of land located in Land Lots 1053 and 1108, 2nd District 2nd Section of the attached legal description; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance for Lot #39, 12792 Donegal Lane. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 23rd day of January 23,2012. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL ZM11-03 Hopewell Road (Vickery Crest Subdivision) for Lot #39, 12792 Donegal Lane RECOMMENDED CONDITIONS The Mayor and City Council approved this petition; the recommended conditions (RZ05-135) should be revised to read as follows: 3. To the owner’s agreement to the following site development considerations: a. The applicant’s proposed minimum setbacks and design standards are as follows: Minimum front yard Setback: 30 feet Minimum side yard (Interior): 5 feet Minimum side corner yard (Corner): 20 feet Minimum rear yard: 25 feet Minimum Rear Yard along the west/South property lines: 50 feet except for lot #39 (12792 Donegal Lane) which shall be 10 feet only for the existing accessory structure depicted in the site plan dated November 3, 2011 Minimum Setback along Hopewell Road: 50 feet Minimum Lot Width: 90 feet c. The existing accessory structure on Lot #39 shall be elevated a minimum of 12 inches from the ground to allow water to flow. d. The existing accessory structure located on Lot #39 shall be screened from view from Donegal Lane. SITE PLAN SUBMITTED ON NOVEMBER 3, 2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 1 of 19 RZ11-19/VC11-05 MILTON COUNTRY STORE PROPERTY INFORMATION ADDRESS 15260 Hopewell Road DISTRICT, LAND LOT 2/2 534 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING AG-1(Agricultural) PROPOSED ZONING C-1 (Community Business) and AG-1 (Agricultural) ACRES 1.6346 EXISTING USE 1,179 sq.ft. building and 1,835 sq.ft. single family residence PROPOSED USE General retail in 1,179 sq.ft. building and 1,835 sq.ft. single family residence PETITIONER Reunion Park, LLC ADDRESS 5780 Windward Parkway Alpharetta, GA 30004 678-624-2900 INTENT To rezone from AG-1 (Agricultural) to C-1 (Community Business) and AG-1 (Agricultural) for an existing 1,180 square foot building for general retail uses and an existing 1,835 square foot single family residence to remain with the following four-part concurrent variance: 1) To reduce the 50 foot undisturbed buffer and 10 foot improvement setback to a 10 foot landscape strip along the south zoning line of Parcel 1 intersecting with Hopewell Road and running North 68 degrees 21 minutes 12 seconds West a distance of 89.69 feet (Sec 64-1141(3)(a)); 2) To reduce the 50 foot buffer and 10 foot improvement setback to a minimum 40 foot buffer along the south zoning line of Parcel 1 (parallel to Thompson Road), running from the corner of an existing driveway North 80 degrees 44 minutes 27 seconds West 190.43 feet to the westerly 10 foot improvement setback line (Sec 64-1141(3)(a)); 3) To delete the 50 foot buffer and10 foot improvement setback along the southwest zoning line of Parcel 1 described as North 21 degrees 34 minutes 48 seconds West 35.46 feet and North 60 degrees 44 minutes 57 seconds West 29.57 feet (Sec 64- 1141(3)(a)); 4) To reduce the 25 foot setback for parking adjacent to residentially used property to 10 feet along the south zoning line (Sec64-1433(f)(1)). Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 2 of 19 PLANNING COMMISSION RECOMMENDATION – NOVEMBER 16, 2011 RZ11-19 – DEFERRAL TO DECEMBER 21, 2011 PLANNING COMMISSION MEETING VC11-05 PARTS 1-3 – DEFERRAL TO DECEMBER 21, 2011 PLANNING COMMISSION MEETING This item was recommended by Staff and Planning Commission to defer until December 21, 2011 to allow an additional concurrent variance to be added and the applicant had not conducted their public participation meeting prior to the Planning Commission Meeting on November 16, 2011. COMMUNITY DEVELOPMENT RECOMMENDATION – DECEMBER 21, 2011 RZ11-19 –DENIAL VC11-05 – PARTS 1 THROUGH 4 – DENIAL PLANNING COMMISSION RECOMMENDATION – DECEMBER 21, 2011 RZ11-19 –DENIAL – 5-0 VC11-05 – PARTS 1 THROUGH 4 – DENIAL – 5-0 At the meeting, there was opposition present to express their concerns with the proposed rezoning to C-1 (Community Business) being inconsistent with 2030 Comprehensive Land Use Plan and would set a precedent for future requests for commercial zoning. One speaker expressed his support for the use, but allowed under the newly created H (Historic) zoning district. The Planning Commission expressed to the applicant that, although the proposed C-1 (Community Business) district was inconsistent with the 2030 Comprehensive Land Use Plan and Council Policy, they were supportive of the use of the commercial building being utilized as its historical use under the newly created H (Historic) zoning district. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 3 of 19 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 4 of 19 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 5 of 19 2030 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 6 of 19 SITE PLAN SUBMITTED OCTOBER 14, 2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 7 of 19 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) Northeast 2 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) East 3 (AG-1) AG-1 (Agricultural) Bell Memorial Park & Various Single-Family Residential 1 unit/acre (Various sq.ft.) Southeast 4 (AG-1) AG-1 (Agricultural) Champions Overlook Subdivision 1 unit/acre (Est. 3,000 sq.ft.) South 5 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) Northwest 6 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 8 of 19 EXISTING USES LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 9 of 19 SUBJECT SITE: The subject site is a total of 1.6346 acres of which 0.5240 acre is proposed for C-1 (Community Business) where the existing vacant 1,179 square foot building was previously used as a general store (Parcel #1). The southern portion of the site is currently developed with a 1,835 square foot single family residence which is occupied on 1.1106 acres and will remain an AG-1 (Agricultural) district (Parcel #2). BACKGROUND AND PREVIOUS ACTIONS RELATING TO PARCEL #1: The applicant states in the letter of intent that the 1,179 square foot building was used as a general store with gas pumps serving the local community beginning in the early 1950’s. The current applicant purchased the property from the Hardeman family in September, 2006. The building was not occupied and the current owner/applicant requested a determination from Fulton County whether the store was a legal non-conforming use. Under Fulton County’s determination, they stated it was a legal non-conforming use. In December, 2006 the applicant obtained permits from Fulton County to refurbish the building and the work was competed in February, 2007. The work included new electrical, plumbing and septic systems and antiqued pine flooring was installed in keeping with the original materials. The porch was added during the renovation in 2006/2007. The applicant stated that the underground gas tanks were removed prior to the purchase in September, 2006. The applicant applied for a business license from the City of Milton in March, 2007 which was denied based on the lack of evidence that the last business operation obtained a valid business license from Fulton County and operated less than 6 months from the date of the City’s incorporation. Based on this determination, the current owner/applicant allowed a potential tenant to request a rezoning from AG-1 (Agricultural) to MIX (Mixed Use). After further evaluation of the petition, Staff recommended that the request be changed to C-1 (Community Business) and recommended denial . The Planning Commission subsequently recommended denial of the request and it was forwarded onto the Mayor and City Council. At the City Council meeting on August 15, 2007 the applicant requested a withdrawal of the entire application based on the recommendations from the Planning Commission and Staff. The City Council voted to approve the withdrawal as requested by the applicant. Since the withdrawal of the previous rezoning application, the retail building has remained vacant. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 10 of 19 After the adoption of the Historic Preservation Commission in 2011, the applicant has also submitted an application for Historic Designation for this structure. This application is pending. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1. through 7., below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed C-1 (Community Business) zoning district is inconsistent with the 2030 Comprehensive Land Use Plan which recommends the site be developed with Agricultural, Equestrian, Estate Residential. The proposed 1,179 square feet of commercial retail , within the former general store, is inconsistent with the 2030 Comprehensive Land Use Plan and is not suitable with the adjacent and nearby properties which are scattered single family residences on large parcels. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? The proposed zoning is inconsistent with the 2030 Comprehensive Land Use Plan and adjacent and nearby zoning and it is Staff’s opinion, that the proposed development is more intense on adjacent and nearby property. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The existing store maybe utilized for other uses permitted in the AG-1 (Agricultural) district. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? It is Staff’s opinion that the proposed use may cause increased burden on the streets and transportation facilities and utilities. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 11 of 19 5. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed C-1 (Community Business) zoning is inconsistent with the policies and intent of the 2030 Comprehensive Land Use Plan. 2030 Land Use Plan Map: Agricultural, Equestrian, Estate Residential (Central Milton Character Area) Proposed use/density: General Store / 2,250 square feet per acre The 2030 Land Use Plan Map suggests Agricultural, Equestrian, Estate Residential and Low Density Residential on the surrounding properties. Staff notes that within the Plan, the C-1 (Community Business) district is not a compatible zoning district. Furthermore, the subject site is located within the Central Milton Character Area which does not include the C-1 (Community Business) district as a compatible zoning district within this character area. The Milton City Council adopted the 2030 Comprehensive Plan as the City’s Comprehensive Plan on June 6, 2011. It is Staff’s opinion that the proposed rezoning is inconsistent with the following Plan Policies: We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place. We support appropriate residential and non-residential infill development and redevelopment in ways that complement surrounding areas. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Staff notes that there is no evidence supporting an approval of the proposed commercial use, based on the fact that all the surrounding properties are zoned for AG-1 (Agricultural) and there have not been any City Council actions through the rezoning process to support the request. In addition, the 2030 Comprehensive Land Use Plan recommends the subject site for Agricultural, Equestrian, Estate Residential uses. Therefore, based on this information, the rezoning request should be denied. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 12 of 19 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? Staff notes that the proposed rezoning will have a minimal impact on the environment and natural resources based on the fact that the structures are already built. STAFF RECOMMENDATION FOR REZOING PETITION It is Staff’s recommendation that petition RZ11-19 to rezone from AG-1 (Agricultural) to C-1 (Community Business) for Parcel #1 be DENIED based on the fact that the request is inconsistent with the 2030 Future Land Use Plan and there is no City Council policy in the area to support the request. The existing single family residence located within Parcel #2 will remain AG-1 (Agricultural). If the Mayor and City Council choose to approve the request to rezone Parcel #1 from AG-1(Agricultural) to C-1(Community Business), a set of recommended conditions are included at the end of this report. REVIEWED SITE PLAN Staff notes that on the site plan two parcels are identified with a property line bisecting them. For the purposes of the analysis below, the property line should also be considered as the “zoning” line. Based on the applicant’s site plan submitted to the Community Development Department on October 14, 2011, Staff offers the following considerations: Development Standards – SEC. 64-776 for C-1(Community Business) except where indicated Front yard – For all property and lots located adjacent to public rights-of- way and from 0 to 400 feet or more beyond an intersection, buildings shall be set back no more than 20 feet from the edge of the required landscape strip or easements (Hopewell and Thompson Roads). (Northwest Fulton Overlay District) – Consistent Minimum lot frontage – 35 feet - Consistent Height - There shall be a maximum height limit of two stories with the maximum height 30 feet from average finished grade to the bottom of the roof eave. (Northwest Fulton Overlay District) - Consistent Side yard (south zoning line) - Determined by the buffer standards required by the Northwest Fulton Overlay District. - Inconsistent (See concurrent variances below, Parts 1 through 3) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 13 of 19 Rear yard (west property line) – Determined by the buffer standards required by the Northwest Fulton Overlay District. - Consistent The site plan indicates compliance with the C-1 (Community Business) development standards except for the side yard adjacent to the south zoning line. Therefore, the applicant is requesting concurrent variances discussed below. REVIEW OF NORTHWEST FULTON OVERLAY DISTRICT REQUIREMENTS Streetscape and Landscape Strips- Sec. 64-1141 (1)- Northwest Fulton Overlay District Front adjacent to Hopewell Road – 10 foot landscape strip - Consistent Side Corner adjacent to Thompson Road – 10 foot landscape strip - Consistent Concurrent Variance Requests for Parcel #1: Landscape Buffers – Sec. 64-1141(3) When non-residential uses are proposed adjacent to single family or AG-1 (Agricultural) districts for properties four acre or less, a 50 foot buffer and 10 foot improvement setback are required. The applicant is reques ting the following three part concurrent variance (VC11-05): Part 1 - To reduce the 50 foot undisturbed buffer and 10 foot improvement setback to a 10 foot landscape strip along the south zoning line of Parcel 1 intersecting with Hopewell Road and running North 68 degrees 21 minutes 12 seconds West a distance of 89.69 feet. Part 2 - To reduce the 50 foot buffer and 10 foot improvement setback to a minimum 40 foot buffer along the south line of Parcel 1 (parallel to Thompson Road), running from the corner of an existing driveway North 80 degrees 44 minutes 27 seconds West 190.43 feet to the westerly 10 foot improvement setback line. Part 3 - To delete the 50 foot buffer and10 foot improvement setback along the southwest zoning line of Parcel 1 described as North 21 degrees 34 minutes 48 seconds West 35.46 feet and North 60 degrees 44 minutes 57 seconds West 29.57 feet. The applicant’s intent is to provide the required buffers on the interior of Parcel # 2 to provide the Northwest Fulton Overlay buffer standards for the C-1 Community Business) portion of the request. Based on the recommendation of Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 14 of 19 denial for the rezoning request RZ11-19, Staff recommends DENIAL of VC11-05, Parts 1 through 3. Review of Other Development Standards Pursuant to Sect 64-1433 (f)(1) no off-street parking shall be permitted within 25 feet of any property line which adjoins a single-family residential district or use. Therefore, the applicant is requesting the following concurrent variance (VC11- 05): Part 4 - To reduce the 25 foot setback for parking adjacent to residentially used property to 10 feet along the south zoning line. This concurrent variance is required based on the fact that the parking along the south zoning line, adjacent to parcel 2 which will remain AG-1 (Agricultural). Based on the recommendation of denial for the rezoning request RZ11-19, Staff recommends DENIAL of VC11-05, Part 4. If the Mayor and City Council choose to approve the rezoning petition and the concurrent variances, a set of conditions are included at the end of this report. Parking Requirements The site plan submitted indicates a total of 7 parking spaces of which one is a handicap accessible in front of the building. The existing structure proposed for retail use is 1,179 square feet. Pursuant to Sec. 64-1410, Calculations, 4 spaces per 1000 square feet are required. Based on this calculation, a total of 5 spaces are required. Staff notes that the location of the six spaces depicted on the site plan will need to be relocated based on conditions required by the Public Works Department. Environmental Site Analysis (ESA) The ESA report is sufficient and satisfies the requirement of Section 64.2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams, steep slopes, or sensitive plant and animal species. Although the building was listed on the 1996 Fulton County Historical Building survey, it has not yet been designated historic by the City of Milton Historic Preservation Commission (HPC). An application for this designation has been submitted by the property owner and is awaiting review by the HPC. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 15 of 19 Staff also notes that in the past the building has operated as a general store with gas pumps. According to the applicant, the tanks were removed prior to the purchase of the property. Arborist Comments Based on the site plan and the tree survey provided, none of the trees will be impacted by the proposed uses. City of Milton Fire Marshal There is no outstanding fire code issues associated with the proposed rezoning as they are now presented. Design Review Board Courtesy Review Meeting – November 1, 2011 Site should be planted to overlay standards. Existing structure should be maintained on the property. The ramp and porch look unfinished. Suggest staining them. Don’t want to create a precedent for spot commercial zoning. Public Involvement On October 26, 2011 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were eight members of the community in attendance. The majority of the attendees were in opposition to the proposed rezoning because they felt that it would set a precedent for future commercial zonings in the area. A couple of attendees were not in opposition to the proposal based on the fact that a general store previously operated on the property. Public Comments – Staff has not received any correspondence regarding this development. Public Participation Report The applicant hosted a public participation meeting on December 6, 2011 at the applicant’s offices. The applicant has submitted a Public Participation Report that currently includes the CZIM meeting. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 16 of 19 Staff Recommendation for Concurrent Variances Staff recommends that VC11-05, Parts 1 through 4 be DENIED based on the fact that the request is inconsistent with the 2030 Future Land Use Plan and there is no City Council policy in the area to support the request. The existing single family residence located within parcel 2 will remain AG-1 (Agricultural). If the Mayor and City Council choose to approve the request to rezone from AG-1(Agricultural) to C-1(Community Business), a set of recommended conditions are included at the end of this report. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 1 of 19 RZ11-19/VC11-05 MILTON COUNTRY STORE PROPERTY INFORMATION ADDRESS 15260 Hopewell Road DISTRICT, LAND LOT 2/2 534 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING AG-1(Agricultural) PROPOSED ZONING C-1 (Community Business) and AG-1 (Agricultural) ACRES 1.6346 EXISTING USE 1,179 sq.ft. building and 1,835 sq.ft. single family residence PROPOSED USE General retail in 1,179 sq.ft. building and 1,835 sq.ft. single family residence PETITIONER Reunion Park, LLC ADDRESS 5780 Windward Parkway Alpharetta, GA 30004 678-624-2900 INTENT To rezone from AG-1 (Agricultural) to C-1 (Community Business) and AG-1 (Agricultural) for an existing 1,180 square foot building for general retail uses and an existing 1,835 square foot single family residence to remain with the following four-part concurrent variance: 1) To reduce the 50 foot undisturbed buffer and 10 foot improvement setback to a 10 foot landscape strip along the south zoning line of Parcel 1 intersecting with Hopewell Road and running North 68 degrees 21 minutes 12 seconds West a distance of 89.69 feet (Sec 64-1141(3)(a)); 2) To reduce the 50 foot buffer and 10 foot improvement setback to a minimum 40 foot buffer along the south zoning line of Parcel 1 (parallel to Thompson Road), running from the corner of an existing driveway North 80 degrees 44 minutes 27 seconds West 190.43 feet to the westerly 10 foot improvement setback line (Sec 64-1141(3)(a)); 3) To delete the 50 foot buffer and10 foot improvement setback along the southwest zoning line of Parcel 1 described as North 21 degrees 34 minutes 48 seconds West 35.46 feet and North 60 degrees 44 minutes 57 seconds West 29.57 feet (Sec 64- 1141(3)(a)); 4) To reduce the 25 foot setback for parking adjacent to residentially used property to 10 feet along the south zoning line (Sec64-1433(f)(1)). Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 2 of 19 PLANNING COMMISSION RECOMMENDATION – NOVEMBER 16, 2011 RZ11-19 – DEFERRAL TO DECEMBER 21, 2011 PLANNING COMMISSION MEETING VC11-05 PARTS 1-3 – DEFERRAL TO DECEMBER 21, 2011 PLANNING COMMISSION MEETING This item was recommended by Staff and Planning Commission to defer until December 21, 2011 to allow an additional concurrent variance to be added and the applicant had not conducted their public participation meeting prior to the Planning Commission Meeting on November 16, 2011. COMMUNITY DEVELOPMENT RECOMMENDATION – DECEMBER 21, 2011 RZ11-19 –DENIAL VC11-05 – PARTS 1 THROUGH 4 – DENIAL PLANNING COMMISSION RECOMMENDATION – DECEMBER 21, 2011 RZ11-19 –DENIAL – 5-0 VC11-05 – PARTS 1 THROUGH 4 – DENIAL – 5-0 At the meeting, there was opposition present to express their concerns with the proposed rezoning to C-1 (Community Business) being inconsistent with 2030 Comprehensive Land Use Plan and would set a precedent for future requests for commercial zoning. One speaker expressed his support for the use, but allowed under the newly created H (Historic) zoning district. The Planning Commission expressed to the applicant that, although the proposed C-1 (Community Business) district was inconsistent with the 2030 Comprehensive Land Use Plan and Council Policy, they were supportive of the use of the commercial building being utilized as its historical use under the newly created H (Historic) zoning district. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 3 of 19 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 4 of 19 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 5 of 19 2030 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 6 of 19 SITE PLAN SUBMITTED OCTOBER 14, 2011 Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 7 of 19 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) Northeast 2 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) East 3 (AG-1) AG-1 (Agricultural) Bell Memorial Park & Various Single-Family Residential 1 unit/acre (Various sq.ft.) Southeast 4 (AG-1) AG-1 (Agricultural) Champions Overlook Subdivision 1 unit/acre (Est. 3,000 sq.ft.) South 5 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) Northwest 6 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 8 of 19 EXISTING USES LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 9 of 19 SUBJECT SITE: The subject site is a total of 1.6346 acres of which 0.5240 acre is proposed for C-1 (Community Business) where the existing vacant 1,179 square foot building was previously used as a general store (Parcel #1). The southern portion of the site is currently developed with a 1,835 square foot single family residence which is occupied on 1.1106 acres and will remain an AG-1 (Agricultural) district (Parcel #2). BACKGROUND AND PREVIOUS ACTIONS RELATING TO PARCEL #1: The applicant states in the letter of intent that the 1,179 square foot building was used as a general store with gas pumps serving the local community beginning in the early 1950’s. The current applicant purchased the property from the Hardeman family in September, 2006. The building was not occupied and the current owner/applicant requested a determination from Fulton County whether the store was a legal non-conforming use. Under Fulton County’s determination, they stated it was a legal non-conforming use. In December, 2006 the applicant obtained permits from Fulton County to refurbish the building and the work was competed in February, 2007. The work included new electrical, plumbing and septic systems and antiqued pine flooring was installed in keeping with the original materials. The porch was added during the renovation in 2006/2007. The applicant stated that the underground gas tanks were removed prior to the purchase in September, 2006. The applicant applied for a business license from the City of Milton in March, 2007 which was denied based on the lack of evidence that the last business operation obtained a valid business license from Fulton County and operated less than 6 months from the date of the City’s incorporation. Based on this determination, the current owner/applicant allowed a potential tenant to request a rezoning from AG-1 (Agricultural) to MIX (Mixed Use). After further evaluation of the petition, Staff recommended that the request be changed to C-1 (Community Business) and recommended denial . The Planning Commission subsequently recommended denial of the request and it was forwarded onto the Mayor and City Council. At the City Council meeting on August 15, 2007 the applicant requested a withdrawal of the entire application based on the recommendations from the Planning Commission and Staff. The City Council voted to approve the withdrawal as requested by the applicant. Since the withdrawal of the previous rezoning application, the retail building has remained vacant. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 10 of 19 After the adoption of the Historic Preservation Commission in 2011, the applicant has also submitted an application for Historic Designation for this structure. This application is pending. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1. through 7., below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed C-1 (Community Business) zoning district is inconsistent with the 2030 Comprehensive Land Use Plan which recommends the site be developed with Agricultural, Equestrian, Estate Residential. The proposed 1,179 square feet of commercial retail , within the former general store, is inconsistent with the 2030 Comprehensive Land Use Plan and is not suitable with the adjacent and nearby properties which are scattered single family residences on large parcels. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? The proposed zoning is inconsistent with the 2030 Comprehensive Land Use Plan and adjacent and nearby zoning and it is Staff’s opinion, that the proposed development is more intense on adjacent and nearby property. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The existing store maybe utilized for other uses permitted in the AG-1 (Agricultural) district. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? It is Staff’s opinion that the proposed use may cause increased burden on the streets and transportation facilities and utilities. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 11 of 19 5. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed C-1 (Community Business) zoning is inconsistent with the policies and intent of the 2030 Comprehensive Land Use Plan. 2030 Land Use Plan Map: Agricultural, Equestrian, Estate Residential (Central Milton Character Area) Proposed use/density: General Store / 2,250 square feet per acre The 2030 Land Use Plan Map suggests Agricultural, Equestrian, Estate Residential and Low Density Residential on the surrounding properties. Staff notes that within the Plan, the C-1 (Community Business) district is not a compatible zoning district. Furthermore, the subject site is located within the Central Milton Character Area which does not include the C-1 (Community Business) district as a compatible zoning district within this character area. The Milton City Council adopted the 2030 Comprehensive Plan as the City’s Comprehensive Plan on June 6, 2011. It is Staff’s opinion that the proposed rezoning is inconsistent with the following Plan Policies: We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place. We support appropriate residential and non-residential infill development and redevelopment in ways that complement surrounding areas. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Staff notes that there is no evidence supporting an approval of the proposed commercial use, based on the fact that all the surrounding properties are zoned for AG-1 (Agricultural) and there have not been any City Council actions through the rezoning process to support the request. In addition, the 2030 Comprehensive Land Use Plan recommends the subject site for Agricultural, Equestrian, Estate Residential uses. Therefore, based on this information, the rezoning request should be denied. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 12 of 19 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? Staff notes that the proposed rezoning will have a minimal impact on the environment and natural resources based on the fact that the structures are already built. STAFF RECOMMENDATION FOR REZOING PETITION It is Staff’s recommendation that petition RZ11-19 to rezone from AG-1 (Agricultural) to C-1 (Community Business) for Parcel #1 be DENIED based on the fact that the request is inconsistent with the 2030 Future Land Use Plan and there is no City Council policy in the area to support the request. The existing single family residence located within Parcel #2 will remain AG-1 (Agricultural). If the Mayor and City Council choose to approve the request to rezone Parcel #1 from AG-1(Agricultural) to C-1(Community Business), a set of recommended conditions are included at the end of this report. REVIEWED SITE PLAN Staff notes that on the site plan two parcels are identified with a property line bisecting them. For the purposes of the analysis below, the property line should also be considered as the “zoning” line. Based on the applicant’s site plan submitted to the Community Development Department on October 14, 2011, Staff offers the following considerations: Development Standards – SEC. 64-776 for C-1(Community Business) except where indicated Front yard – For all property and lots located adjacent to public rights-of- way and from 0 to 400 feet or more beyond an intersection, buildings shall be set back no more than 20 feet from the edge of the required landscape strip or easements (Hopewell and Thompson Roads). (Northwest Fulton Overlay District) – Consistent Minimum lot frontage – 35 feet - Consistent Height - There shall be a maximum height limit of two stories with the maximum height 30 feet from average finished grade to the bottom of the roof eave. (Northwest Fulton Overlay District) - Consistent Side yard (south zoning line) - Determined by the buffer standards required by the Northwest Fulton Overlay District. - Inconsistent (See concurrent variances below, Parts 1 through 3) Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 13 of 19 Rear yard (west property line) – Determined by the buffer standards required by the Northwest Fulton Overlay District. - Consistent The site plan indicates compliance with the C-1 (Community Business) development standards except for the side yard adjacent to the south zoning line. Therefore, the applicant is requesting concurrent variances discussed below. REVIEW OF NORTHWEST FULTON OVERLAY DISTRICT REQUIREMENTS Streetscape and Landscape Strips- Sec. 64-1141 (1)- Northwest Fulton Overlay District Front adjacent to Hopewell Road – 10 foot landscape strip - Consistent Side Corner adjacent to Thompson Road – 10 foot landscape strip - Consistent Concurrent Variance Requests for Parcel #1: Landscape Buffers – Sec. 64-1141(3) When non-residential uses are proposed adjacent to single family or AG-1 (Agricultural) districts for properties four acre or less, a 50 foot buffer and 10 foot improvement setback are required. The applicant is reques ting the following three part concurrent variance (VC11-05): Part 1 - To reduce the 50 foot undisturbed buffer and 10 foot improvement setback to a 10 foot landscape strip along the south zoning line of Parcel 1 intersecting with Hopewell Road and running North 68 degrees 21 minutes 12 seconds West a distance of 89.69 feet. Part 2 - To reduce the 50 foot buffer and 10 foot improvement setback to a minimum 40 foot buffer along the south line of Parcel 1 (parallel to Thompson Road), running from the corner of an existing driveway North 80 degrees 44 minutes 27 seconds West 190.43 feet to the westerly 10 foot improvement setback line. Part 3 - To delete the 50 foot buffer and10 foot improvement setback along the southwest zoning line of Parcel 1 described as North 21 degrees 34 minutes 48 seconds West 35.46 feet and North 60 degrees 44 minutes 57 seconds West 29.57 feet. The applicant’s intent is to provide the required buffers on the interior of Parcel # 2 to provide the Northwest Fulton Overlay buffer standards for the C-1 Community Business) portion of the request. Based on the recommendation of Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 14 of 19 denial for the rezoning request RZ11-19, Staff recommends DENIAL of VC11-05, Parts 1 through 3. Review of Other Development Standards Pursuant to Sect 64-1433 (f)(1) no off-street parking shall be permitted within 25 feet of any property line which adjoins a single-family residential district or use. Therefore, the applicant is requesting the following concurrent variance (VC11- 05): Part 4 - To reduce the 25 foot setback for parking adjacent to residentially used property to 10 feet along the south zoning line. This concurrent variance is required based on the fact that the parking along the south zoning line, adjacent to parcel 2 which will remain AG-1 (Agricultural). Based on the recommendation of denial for the rezoning request RZ11-19, Staff recommends DENIAL of VC11-05, Part 4. If the Mayor and City Council choose to approve the rezoning petition and the concurrent variances, a set of conditions are included at the end of this report. Parking Requirements The site plan submitted indicates a total of 7 parking spaces of which one is a handicap accessible in front of the building. The existing structure proposed for retail use is 1,179 square feet. Pursuant to Sec. 64-1410, Calculations, 4 spaces per 1000 square feet are required. Based on this calculation, a total of 5 spaces are required. Staff notes that the location of the six spaces depicted on the site plan will need to be relocated based on conditions required by the Public Works Department. Environmental Site Analysis (ESA) The ESA report is sufficient and satisfies the requirement of Section 64.2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams, steep slopes, or sensitive plant and animal species. Although the building was listed on the 1996 Fulton County Historical Building survey, it has not yet been designated historic by the City of Milton Historic Preservation Commission (HPC). An application for this designation has been submitted by the property owner and is awaiting review by the HPC. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 15 of 19 Staff also notes that in the past the building has operated as a general store with gas pumps. According to the applicant, the tanks were removed prior to the purchase of the property. Arborist Comments Based on the site plan and the tree survey provided, none of the trees will be impacted by the proposed uses. City of Milton Fire Marshal There is no outstanding fire code issues associated with the proposed rezoning as they are now presented. Design Review Board Courtesy Review Meeting – November 1, 2011 Site should be planted to overlay standards. Existing structure should be maintained on the property. The ramp and porch look unfinished. Suggest staining them. Don’t want to create a precedent for spot commercial zoning. Public Involvement On October 26, 2011 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were eight members of the community in attendance. The majority of the attendees were in opposition to the proposed rezoning because they felt that it would set a precedent for future commercial zonings in the area. A couple of attendees were not in opposition to the proposal based on the fact that a general store previously operated on the property. Public Comments – Staff has not received any correspondence regarding this development. Public Participation Report The applicant hosted a public participation meeting on December 6, 2011 at the applicant’s offices. The applicant has submitted a Public Participation Report that currently includes the CZIM meeting. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 16 of 19 Staff Recommendation for Concurrent Variances Staff recommends that VC11-05, Parts 1 through 4 be DENIED based on the fact that the request is inconsistent with the 2030 Future Land Use Plan and there is no City Council policy in the area to support the request. The existing single family residence located within parcel 2 will remain AG-1 (Agricultural). If the Mayor and City Council choose to approve the request to rezone from AG-1(Agricultural) to C-1(Community Business), a set of recommended conditions are included at the end of this report. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 17 of 19 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be C-1 (Community Business) and AG-1 (Agricultural) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Retail, service commercial and accessory uses on .524 acre of 1,179 square feet or 2,250 square feet per acre zoned, whichever is less, but excluding, gas stations and associated gas pumps, service stations, restaurants, commercial amusements, liquor sales and package stores, motels, hotels, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment use permit standards as defined in Chapter 64, Article IX., Division 4, check cashing stores, pawn shops, coin operated laundries, video arcades (video machines that are incidental to otherwise permitted businesses are allowed), pool halls, stand alone massage parlors, stand alone nail salons, stand alone beauty salons, stand alone barber shops (clinical/therapeutic spas are allowed and may include less than 400 square feet of beauty/barber shops and less than 400 square feet of nail salon), flea markets, second hand surplus retail shops, roadside vending, roadside produce stands or seasonal vending, billboards, fortune tellers, day care facilities, rooming house, boarding house, assembly hall, clinic, community center building, convalescent center/nursing home/hospice, dancing school, financial establishment, funeral home, group residence, gymnasium, health club/spa, hospital, hotel, library, motels, museum, parking garage/deck, stand alone parking lot, personal care home, recording studio research laboratory, stadium, and thrift institution and any uses permitted through a Special Use Permit that requires a C-1 (Community Business) or O-I (Office-Institutional) zoning district. Above described acreage shall be zoned C-1 (Community Business) Conditional. b) Agricultural (AG-1) located on 1.11 acres within the overall 1.6346 acre tract as depicted with undisturbed buffers as illustra ted on the site plan submitted on October 14, 2011. Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 18 of 19 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on October 14, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with al l conditions shall be in place prior to the issuance of the Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To provide a 10 foot landscape strip along the south zoning line of Parcel 1 intersecting with Hopewell Road and running North 68 degrees 21 minutes 12 seconds West a distance of 89.69 feet. (VC11- 05, Part 1) b) To provide a 40 foot buffer along the south zoning line of Parcel 1 (parallel to Thompson Road), running from the corner of an existing driveway North 80 degrees 44 minutes 27 seconds West 190.43 feet to the westerly 10 foot improvement setback line. (VC11-05, Part 2) c) To delete the 50 foot buffer and10 foot improvement setback along the southwest zoning line of Parcel 1 described as North 21 degrees 34 minutes 48 seconds West 35.46 feet and North 60 degrees 44 minutes 57 seconds West 29.57 feet. (VC11-05, Part 3) d) To provide a 10 foot setback for parking adjacent to residentially used property along the south zoning line. (VC11-05, Part 4) e) To provide a 50 foot undisturbed buffer replanted where sparsely vegetated, 4 rows of 5 foot tall evergreens and 10 foot improvement setback along the west and west property lines within the AG-1 (Agricultural) district (parcel 2) as depicted on the site plan submitted on October 14, 2011. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy Prepared by the Community Development Department for the Mayor and City Council Meeting on January 23, 2012 1/13/2012 Page 19 of 19 (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway(s) shall be modified to provide for one way traffic flow at a minimum width of 16 feet with entrance on Thompson Rd and exit only on Hopewell Rd. ii. Driveway(s) shall provide a minimum uninterrupted ingress/egress distance of 25 feet measured from the right-of-way line to the nearest edge of drive or parking space at both the entrance and exit. iii. Entrance driveway shall be located a minimum of 300 feet from nearest intersection or at 95% queue distance measured from the nearest intersection. iv. Exit only driveway on Hopewell Rd shall be relocated to obtain minimum required site distance of 500 feet. b) Dedicate at no cost to the City of Milton prior to the approval of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way: i. Provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, and along the entire property frontage. ii. Provide right-of-way miter at intersection of Hopewell Road and Thompson Road. ORDINANCE NO._______ PETITION NO. RZ11-19/VC-05 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND AG-1 (AGRICULTURAL) TO C-1 (COMMUNITY DEVELOPMENT) AND AG-1 (AGRICULTURAL) FOR AN EXISTING BUILDING LOCATED AT 15260 HOPEWELL ROAD HAVING A FRONTAGE OF 245 FEET (22 488005340196) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 23, 2012 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located at 15260 Hopewell Road with frontage of 245 feet, consisting of a total of approximately .5240 acre as described in the attached legal description, be rezoned to the C-1 (Community Business) and a total of approximately 1.1106 acres as described in the attached legal description remain AG-1 (Agricultural) Districts with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 534 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the C-1 (Community Business) and AG-1 (Agricultural) zonings listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Divisions 2 and18 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 23rd day of January 23, 2012. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS RZ11-19/VC11-05 If this petition is approved by the Mayor and City Council, it should be C-1 (Community Business) and AG-1 (Agricultural) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Retail, service commercial and accessory uses on .524 acre of 1,179 square feet or 2,250 square feet per acre zoned, whichever is less, but excluding, gas stations and associated gas pumps, service stations, restaurants, commercial amusements, liquor sales and package stores, motels, hotels, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment use permit standards as defined in Chapter 64, Article IX., Division 4, check cashing stores, pawn shops, coin operated laundries, video arcades (video machines that are incidental to otherwise permitted businesses are allowed), pool halls, stand alone massage parlors, stand alone nail salons, stand alone beauty salons, stand alone barber shops (clinical/therapeutic spas are allowed and may include less than 400 square feet of beauty/barber shops and less than 400 square feet of nail salon), flea markets, second hand surplus retail shops, roadside vending, roadside produce stands or seasonal vending, billboards, fortune tellers, day care facilities, rooming house, boarding house, assembly hall, clinic, community center building, convalescent center/nursing home/hospice, dancing school, financial establishment, funeral home, group residence, gymnasium, health club/spa, hospital, hotel, library, motels, museum, parking garage/deck, stand alone parking lot, personal care home, recording studio research laboratory, stadium, and thrift institution and any uses permitted through a Special Use Permit that requires a C-1 (Community Business) or O-I (Office- Institutional) zoning district. Above described acreage shall be zoned C-1 (Community Business) Conditional (Parcel #1). b) Agricultural (AG-1) located on 1.11 acres within the overall 1.6346 acre tract as depicted with undisturbed buffers as illustrated on the site plan submitted on October 14, 2011 (Parcel #2). 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on October 14, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To provide a 10 foot landscape strip along the south zoning line of Parcel 1 intersecting with Hopewell Road and running North 68 degrees 21 minutes 12 seconds West a distance of 89.69 feet. (VC11-05, Part 1) b) To provide a 40 foot buffer along the south zoning line of Parcel 1 (parallel to Thompson Road), running from the corner of an existing driveway North 80 degrees 44 minutes 27 seconds West 190.43 feet to the westerly 10 foot improvement setback line. (VC11-05, Part 2) c) To delete the 50 foot buffer and10 foot improvement setback along the southwest zoning line of Parcel 1 described as North 21 degrees 34 minutes 48 seconds West 35.46 feet and North 60 degrees 44 minutes 57 seconds West 29.57 feet. (VC11-05, Part 3) d) To provide a 10 foot setback for parking adjacent to residentially used property along the south zoning line. (VC11-05, Part 4) e) To provide a 50 foot undisturbed buffer replanted where sparsely vegetated, 4 rows of 5 foot tall evergreens and 10 foot improvement setback along the west and west property lines within the AG-1 (Agricultural) district (parcel 2) as depicted on the site plan submitted on October 14, 2011. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway(s) shall be modified to provide for one way traffic flow at a minimum width of 16 feet with entrance on Thompson Rd and exit only on Hopewell Rd. ii. Driveway(s) shall provide a minimum uninterrupted ingress/egress distance of 25 feet measured from the right-of-way line to the nearest edge of drive or parking space at both the entrance and exit. iii. Entrance driveway shall be located a minimum of 300 feet from nearest intersection or at 95% queue distance measured from the nearest intersection. iv. Exit only driveway on Hopewell Rd shall be relocated to obtain minimum required site distance of 500 feet. b) Dedicate at no cost to the City of Milton prior to the approval of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way: i. Provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, and along the entire property frontage. ii. Provide right-of-way miter at intersection of Hopewell Road and Thompson Road. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 1 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: December 22, 2011 for the January 23, 2012, City Council Meeting (January 9, 2012 First Presentation, January 18, 2012 Work Session) Agenda Item: RZ11-17 – To amend Article XVI of the Zoning Ordinance (Chapter 64 of the City Code) – Signs CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendment to amend the Sign Ordinance, Article XVI the City of Milton Zoning Ordinance. Background: When the City‘s Sign Ordinance was adopted in December 2006, at that time a major effort was made to write the ordinance ―content neutral‖ to avoid any future legal issues as it pertains to the U.S. Constitution‘s First Amendment right to free speech. The Sign Ordinance has remained intact with no major text amendments since it was adopted by the Mayor and City Council in December, 2006. During the past five years, the Community Development Department has heard from local business owners as well as citizens regarding the Sign Ordinance. The overall concern was the permitted size and number of signs permitted in commercial areas. The following is a list of the seven top concerns regarding signs: Signs during sale or lease of property Signs during construction Directional signage Grand opening signage Banners, size and duration Incidental signage Wall signs for multi-tenant building, double frontage buildings, entrance drives in Crabapple and Birmingham Overlay Districts A sub-committee was comprised of two Planning Commission members and other concerned business owners and citizens. After the proposed amendments were completed, the revised Sign Ordinance was introduced by Staff at a Planning Commission Work Session held on August 24, 2011. At the September 27, 2011 Planning Commission Work Session there were approximately fifteen residents and business owners who made public comment on the proposed text amendment. Again, the primary concern was the size and number of signs permitted, the percentage of area for window signs permitted in the Crabapple area and the allowance of neon signs in the Hwy 9 business corridor. The Planning Commission met an City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 2 additional four times reviewing and editing the Sign Ordinance and recommended approval, 5-0 at its December 21, 2011 Planning Commission Meeting. Discussion: The Planning Commission has met and deliberated on the proposed text amendments a total of six times incorporating the issues discussed at the Planning Commission Work Sessions and Meetings as well as Staff concerns. Based on the above input from citizens, business owners and Staff, the following major amendments were proposed on the attached list. Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendment to amend Article XVI of the Zoning Ordinance (Chapter 64 of the City Code) – Signs. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 3 PROPOSED CHANGES TO CITY OF MILTON SIGN ORDINANCE Section 64-2241, Added/clarified definitions Section 64-2265, Clarified which signs are not subject to the Ordinance Section 64-2292, Clarified business license requirement Section 64-2294, Added requirement for permit for window signs Section 64-2295, Clarified prohibited signs Section 64-2297, Deleted ‗material change‘ Section 64-2299, o Changed setback for permanent ground signs to ―20 feet from edge of pavement‖ o Changed setback for temporary ground signs to ―15 feet from edge of pavement‖ Section 64-2303, o Added additional banner allowance for new businesses o Increased size of ‗real estate‘ (signs during the sale or lease of property) signs; differentiated between major roads and other roads. o Added allowance for ‗graduation‘ banner Section 64-2324, Highway 9 Overlay o Added restrictions/requirements to banners for multi tenant commercial buildings o Increased allowances for window signs o Changed allowances for internally lit window signs o Clarified prohibited signs Section 64-2325, Crabapple Overlay o Increased allowance for blade signs o Increased allowance for window signs o Changed allowances for internally lit window signs o Added allowance for sandwich board sign Section 64-2326, Birmingham Overlay o Increased allowance for blade signs o Increased allowance for window signs o Added allowance for sandwich board sign Section 64-2327—Added Master signage plan requirement o Required for all newly developed or newly zoned multiple tenant commercial buildings, multi building developments, mixed use developments, and single family and multifamily developments. o Signage plans for developments that require zoning will be approved by the Mayor and Council, as part of the zoning process o Signage plans that do not require zoning will be approved by the Community Development Director, as part of the land disturbance permit (LDP) process RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 1 of 53 ARTICLE XVI - SIGNS DIVISION 1. - GENERALLY Sec. 64-2241. - Definitions. Sec. 64-2242. - Purpose and findings. Sec. 64-2243. - Director's duty to administer and enforce. Sec. 64-2244. - Applicability. Sec. 64-2245. - Severability. Secs. 64-2246—64-2264. - Reserved. 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 /or 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 and not to exceed 12 feet in height. 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. City means the City of Milton, Georgia. City council means the City Council of the City of Milton, Georgia. Director means the director of the community development department, 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 used as a symbol of a government or other legal entity or legally organized organization. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 2 of 53 Flashing sign means a sign, the illumination of which is not kept constant in intensity at all times when in use and/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. A permanently affixed sign which is 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. Illegal activity signs means signs which advertise an activity which is illegal under federal, state or local laws. 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. 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. 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 3-dimensional shape or sign on the top. Marquee or marquee sign means any permanent roof-like 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 establishments, which occupy separate portions of the building 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 Ordinance, but which, by 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) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 3 of 53 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. A permanent freestanding sign shall be 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 parked 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 clea rly 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. 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. Sign kiosk means a small structure for advertising that contains signs. Signs not maintained means signs not in good repair, in violation of codes, or containing or exhibiting broken panels, visible rust, visible rot, damaged support structures, or missing letters. 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 t han 1½ inches. Temporary sign means any sign of nonpermanent nature. All such signs shall be removed within three calendar days after the purpose of which the sign is intended has been accomplished. Unidentified sign means any sign not specifically identified in this article as a permitted sign. 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 o ne sign surface. Wall signs shall be flush with the wall, building, or structure to which it is mounted or affixed, exc ept as otherwise set forth herein. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 4 of 53 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 on or within five feet of the interior of the window or window panes and is visible from the exterior of the structure. Window signs include decals and images painted onto the glass. Windows do not include architectural features. (Ord. No. 09-04-40, art. 33, § 3, 4-27-2009) 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 persona l 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 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) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 5 of 53 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 a ll 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 polls, 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) The city further finds that some signage has a single targeted function and that identification of such signage by description is impossible without referring to its function. For instance, address numerals are used for the sole purpose of locating addresses, which is of benefit to persons looking for those addresses and is essential to public safety personnel responding to emergencies. Subdivision signs at the entrances to subdivisions favor a similar purpose in enabling both the traveling public and emergency personnel to quickly locate subdivision entrances for the purpose of either visitation or responding to emergency calls. While such signage is referenced based upon the function it serves within the context of this ordinance, the bulk of the provisions of this article are unrelated to the content of the speech provided and allow maximum expressive potential to sign owners. (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 lac k 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. 09-04-40, art. 33, § 2, 4-27-2009) Sec. 64-2243. - Director's duty to administer and enforce. The director of the community development 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. 09-04-40, art. 33, § 4, 4-27-2009) 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. 09-04-40, art. 33, § 5, 4-27-2009) 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. 09-04-40, art. 33, § 27 , 4-27-2009) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 6 of 53 Secs. 64-2246—64-2264. - Reserved. DIVISION 2. - PERMITS Sec. 64-2265. - Required. Sec. 64-2266. - Fees. Sec. 64-2267. - Application. Sec. 64-2268. - Rejection. Sec. 64-2269. - Revocation. Sec. 64-2270. - Variance. Sec. 64-2271. - Suspension; termination. Sec. 64-2272. - Expiration date. Secs. 64-2273—64-2291. - Reserved. Sec. 64-2265. - Required. 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. (Ord. No. 09-04-40, art. 33, § 6, 4-27-2009) 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. 09-04-40, art. 33, § 7, 4-27-2009) Sec. 64-2267. - Application. (a) 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 of community development upon forms furnished by that office. The application shall describe and set forth the following: (1) The type and purpose of the sign as defined in this article; (2) The value of the sign; (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; RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 7 of 53 (8) The name, address, telephone number, and business license number of the sign contractor. All applicants for signs which incorporate electricity must obtain an electrical permit; (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. (b) Other zoning requirements. So long as an application conforms to the standards and procedures of this article, the applicant is exempted from any additional standards, other than standards relating to color, and procedures relating to signs in this zoning ordinance. (Ord. No. 09-04-40, art. 33, § 8, 4-27-2009) 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. The director may reject at anytime prior to the expiration of the 30-day period, if the application is incomplete or contains false material statements or omissions, by returning the application to the applicant. (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 30th 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 a denial of the permit. If notice is mailed in conformity with this section, notice shall be deemed to have been given upon t he 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 will be rendered within 60 days from date an appeal is filed. If a final decision is not rendered within the 60 -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 applica tion which is resubmitted shall meet all the standards for an original application. (Ord. No. 09-04-40, art. 33, § 9, 4-27-2009) Sec. 64-2269. - Revocation. (a) Should it be determined that a 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 be immediately removed. A revocation pursuant to this section shall be appealable pursuant to the procedures for zoning appeals outlined in this zoning ordinance. (b) However, notwithstanding subsection (a) of this section, a final decision will be rendered within 60 days from the date an appeal is filed. If a final decision is not rendered within the 60-day period, the decision sought to be appealed shall be affirmed. The permit for any sign not meeting the standards of this article will be revoked. (Ord. No. 09-04-40, art. 33, § 10, 4-27-2009) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 8 of 53 Sec. 64-2270. - Variance. (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 within 80 days of the submission of a complete and accurate application. (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; or (3) Conditions resulting from existing foliage or structures bring about a hardship whereby a sign meeting minimum letter size, square footage and height requirements can not be read from adjoining public road. (Ord. No. 09-04-40, art. 33, § 11, 4-27-2009; Ord. No. 09-06-44, art. XXXIII, § 11, 6-15-2009) Sec. 64-2271. - Suspension; termination. (a) Violation. A violation of any provision of this article shall be grounds for terminating the permit granted by the city to the permittee or the person or entity erecting the sign. No permit shall be suspended, revoked or canceled except for due cause, as hereinafter defined, and until after the permittee is granted a public hearing before the city council. (b) Hearing. The permittee shall be given ten days' written notice of the time, place, and purpose of the hearing, with a statement of the reason for the suspension, revocation, or canceling of such permit and license. The term "due cause" means the violation of the standards of this article. The termination of the permit does not in any way preclude the person alleged to have violated the standards of this article from being tried under section 64-2297 or preclude the city from taking any other action authorized by this Code or any action authorized by law. (Ord. No. 09-04-40, art. 33, § 12, 4-27-2009) Sec. 64-2272. - 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. 09-04-40, art. 33, § 13, 4-27-2009) Secs. 64-2273—64-2291. - Reserved. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 9 of 53 DIVISION 3. - ADDITIONAL PROVISIONS Sec. 64-2292. - Business license tax certificate, public liability insurance required. Sec. 64-2293. - Identification labels; inspection; notice. Sec. 64-2294. - Signs requiring no permit. Sec. 64-2295. - Prohibited signs and devices. Sec. 64-2296. - Violations; penalties. Sec. 64-2297. - Nonconforming signs. Sec. 64-2298. - Removal of unlawful or dangerous signs. Sec. 64-2299. - Sign location. Sec. 64-2300. - Measurement of sign area. Sec. 64-2301. - Measurement of sign height. Sec. 64-2302. - Construction standards. Sec. 64-2303. - Restrictions based on location. Secs. 64-2304—64-2322. - Reserved. 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 (business license) tax certificate 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 o r restriction of the coverage, including nonrenewal, cancellation, and nonpayment of any premium. (Ord. No. 09-04-40, art. 33, § 14, 4-27-2009) 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. 09-04-40, art. 33, § 15, 4-27-2009) 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. 09-04-40, art. 33, § 16, 4-27-2009) Sec. 64-2295. - Prohibited signs and devices. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 10 of 53 The following types of signs are prohibited in the city: (1) Unidentified signs. (2) Moving signs, sandwich boards and signs applied directly to sidewalk or curb (except where specifically allowed), portable display signs, balloons, streamers or air or gas filled figures and other similar temporary signs, except where permitted in section 64-2303 (3) Beacons, search lights, laser lights or images. (4) Audible signs. (5) Signs in right-of-way, other than those belonging to a government, public service agency, or railroad. (6) Signs mounted on a utility pole, water tower or other similar structure, architectural f eatures, traffic signal or traffic control box and cell towers. (7) Roof signs, Marquee signs (8) Portable signs, which are attached to any parked or moving vehicle or trailer, so as to be visible from a public right-of-way, except that signs posted in the window of a vehicle, totaling one square foot shall be permitted, but not when parked within a nonresidential district or AG-1 (Agricultural) developed with a nonresidential use with the intent to sell that vehicle. (9) Obscene signs. (10) Illegal activity signs. (11) Signs not maintained. (12) Abandoned signs. (13) Animated signs, flashing signs, rotating signs, and changeable copy signs. (14) Imitation traffic signs. (15) Graffiti. (16) Sign kiosks. (17) Signs attached/painted to natural objects. 18) Temporary signs and banners attached to fences or walls, unless specifically allowed. 19) Internally illuminated window signs, including neon, except as specifically allowed. 20) Signs in landscape strip unless approved by the city arborist. (Ord. No. 09-04-40, art. 33, § 17, 4-27-2009) Sec. 64-2296. - Violations; penalties. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 11 of 53 (a) Noncompliance. No person shall erect 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 permit 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 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) Notice. The director shall give the permittee from one to 14 calendar days written notice, based on the urgency of the particular situation and the practical considerations of completing measures to comport with the standards of this article, to correct the deficiencies or to remove the sign which is in violation of this article. If the permittee refuses to correct the deficiencies or remove the sign, the director will have the sign removed at the expense of the permittee. (f) Citations. If any sign or other device covered by this article is, or is proposed to be, erected, constructed, altered, converted or used in violation of any provision of this article, the director shall issue a citation. Additionally, the city may seek an injunction for a continuing violation or take other appropriate action to prevent such unlawful erection, construction, alteration, conversion or use to correct or abate such violation. 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. (Ord. No. 09-04-40, art. 33, § 18, 4-27-2009) 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) Repairs. 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 advertised business ceases at that location; (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. 09-04-40, art. 33, § 19, 4-27-2009) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 12 of 53 Sec. 64-2298. - Removal of unlawful or dangerous signs. (a) Removal. The city may order the removal of any sign in violation of this article 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. (b) Procedure following removal order. If the sign is not removed within the time allowable pursuant to a removal order, the city may remove or cause to be removed the sign and collect the costs therefor. (Ord. No. 09-04-40, art. 33, § 20, 4-27-2009) 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 may be 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 shall project over the right-of- way. All temporary signs, as described in Sec. 64-2303, shall be placed at least 15 feet from the edge of pavement. No signs shall be placed between the road and the sidewalk. (Ord. No. 09-04-40, art. 33, § 21, 4-27-2009) 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 cabin et 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 multifaced signs, the area of the sign shall be the total area on all sides that can be viewed at one time from any angle. (d) Three-dimensional signs. Three-dimensional signs shall not exceed two inches from surface. (Ord. No. 09-04-40, art. 33, § 22 , 4-27-2009) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 13 of 53 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. 09-04-40, art. 33, § 23 , 4-27-2009) 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 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 licensed professional structural engineer. The certifying engineer must also be able to provide an insurance certificate indicating it carries a minimum of $1,000,000.00 of professional liability insurance. The city may remove, after reasonable notice, any sign which shows structural faults, neglect, or becomes dilapidated. (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. Except in the overlay districts, freestanding signs shall have a base not less than one-third the width of the sign face. Base must also be wood or brick or stone or have the appearance of wood, brick or stone or other materials which are compatible with 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. 09-04-40, art. 33, § 24 , 4-27-2009) Sec. 64-2303. - 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) Permitted in all zoning districts. a. 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 en ding with the issuance of the last certificate of occupancy or two years, whichever one shall first occur. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 14 of 53 Thereafter, the permittee may reapply for a renewal permit subject to same termination conditions as set forth in this subsection. b. Temporary standard informational sign. Each 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 lot may display an unlimited number of standard informational signs. c. Banners. 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. All banners mounted on the ground must be supported on all sides by a pvc frame. 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. d. Signs during the sale or lease of property. One sign per road frontage . The sign shall not be internally illuminated. The sign shall not exceed 9 square feet on major roads, and 6 square feet on all other roads. A permit shall be required for signs greater than 6 square feet. Major roads include: US Hwy 19 (GA 400) McGinnis Ferry Road State Route 9 Arnold Mill Road/State Hwy 140 Windward Parkway Birmingham Hwy/State Hwy 372 Cogburn Road Hopewell Road New Providence Road (2) AG-1 (Agricultural district). a. 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 for each side of a platted single-family subdivision entrance. 3. Freestanding signs shall have a maximum height of six feet from finish ed grade, and may be externally illuminated, and the light shall be screened from view with evergreen plantings as approved by the community development department director. Signs shall not have changeable copy. 4. Flag. Each development may display no more than one flag and flagpole and, in addition, each single family detached residential lot within each development may display not more than one flag and flagpole. The flagpole shall not exceed 25 feet in height. Flag size shall not be more than 24 square feet. 5. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 15 of 53 Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 6. Each development may post one banner, maximum 24 square feet, maximum 5 feet tall, for a maximum of 40 days, during graduation season (from May 1st to June 15th). A permit is not required. (3) Single-family residential, CUP and NUP districts. Within the single-family residential, CUP and NUP districts, 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 for each side of a platted single-family subdivision entrance. 3. Freestanding signs shall have a maximum height of six feet from finish ed grade, and may be externally illuminated, the light shall be screened from view with evergreen plantings as approved by the community development department director and shall not have changeable copy. 4. Flag. Each lot may display no more than one flag and flagpole. The flagpole shall not exceed 20 feet in height. Flag size shall not be more than 24 square feet. 5. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 6. Each development may post one banner, maximum 24 square feet, maximum 5 feet tall, for a maximum of 40 days, during graduation season (from May 1st to June 15th). A permit is not required. (4) Apartment and townhouse residential districts. a. Within the apartment and townhouse residential districts, standards for freestanding signs are as follows: 1. There shall be one freestanding sign per right-of-way frontage and it shall be located at the 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 may 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. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 16 of 53 7. 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. 8. Flags. Each development may display no more than one flag and flagpole. The flagpole shall not exceed 25 feet in height. Flag size shall not be more than 24 square feet. 9. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 10. Each development may post one banner, maximum 24 square feet, maximum 5 feet tall, for a maximum of 40 days, during graduation season (from May 1st to June 15th). A permit is not required. b. Wall signs. 1. Businesses may have no more than two wall signs. Corner 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 or oblique 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. 8. 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. c. Window signs. Not more than three window signs per development shal l be allowed and shall not be larger than four square feet or cover more than five percent of the area of each window in which a sign is placed, whichever is less. Such signs shall not be illuminated. (5) O-I districts. Within the office-institutional districts, standards for signs are as follows: a. Billboards. Within office-institutional (O-I) districts, freestanding signs shall not exceed 120 square feet and shall be located according to the following standards: 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; RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 17 of 53 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; and 7. In compliance with applicable height standards for the district in which located. b. Freestanding signs. 1. There shall be one freestanding sign per right-of-way frontage and it shall be located at the 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 may 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. 7. 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. 8. Flag. Each development may display no more than one flag and/or flagpole. The flagpole shall not exceed 25 feet in height. Flag size shall not be more than 24 square feet. c. Wall signs. 1. Businesses may have no more than two wall signs. Corner 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 or oblique 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. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 18 of 53 Wall sign shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. 8. 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. (6) Mixed-use districts. Within the mixed-use districts, standards for signs are as follows: a. Freestanding signs. 1. There shall be one freestanding sign per right-of-way frontage and it shall be located at the 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 may 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. 7. 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. 8. Flag. Each development may display no more than one flag and flagpole and, in addition, each single-family detached residential lot within each development may display not more than one flag and flagpole. The flagpole shall not exceed 25 feet in height. Fl ag size shall not be more than 24 square feet. 9. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 10. Each development may post one banner, maximum 24 square feet, maximum 5 feet tall, for a maximum of 40 days, during graduation season (from May 1st to June 15th). A permit is not required. b. Wall signs. 1. Businesses may have no more than two wall signs. Corner buildings may haven 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 or oblique 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. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 19 of 53 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. 8. 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. (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, freestanding signs shall not exceed 120 square feet and shall be located according to the following standards: 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 shall be one freestanding sign per right-of-way frontage and it shall be located at the 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 may 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. 7. 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. 8. Flag. Each development may display no more than one flag and flagpole. The flagpole shall not exceed 25 feet in height. Flag size shall not be more than 24 square feet. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 20 of 53 c. Wall signs. 1. Businesses may have no more than two wall signs. Corner buildings may have an 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. A second sign, if used, shall be perpendicular or oblique 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. 8. 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. (8) Industrial districts. Within industrial districts, standards for signs are as follows: a. Billboards. Within industrial districts (M-1 and M-2), freestanding signs shall not exceed 120 square feet and shall be located according to the following standards: 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 shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. 2. Maximum height shall be six feet from finished grade. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 21 of 53 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Signs may be externally lighted. The light shall be screened from view with evergreen planting 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. 7. 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. c. Walls signs. 1. Businesses may have no more than two wall signs. Corner 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 or oblique 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. 8. 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. (9) Mobile home park districts. Within mobile home park districts, standards for signs are as follows: a. Freestanding signs. 1. There shall be one freestanding sign per right-of-way frontage and it shall be located at the 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. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 22 of 53 Signs may 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. 7. 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. 8. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 9. Each development may post one banner, maximum 24 square feet, maximum 5 feet tall, for a maximum of 40 days, during graduation season (from May 1st to June 15th). A permit is not required. b. Wall signs. 1. Businesses may have no more than two wall signs. Corner 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 or oblique 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. 8. 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. (Ord. No. 09-04-40, art. 33, § 25 , 4-27-2009) Secs. 64-2304—64-2322. - Reserved. DIVISION 4. - OVERLAY DISTRICTS Sec. 64-2323. - This division takes precedence. Sec. 64-2324. - State Route 9 Overlay District signs. Sec. 64-2325. - Crabapple Crossing Overlay District signs. Sec. 64-2326. - Birmingham Crossing Overlay District signs. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 23 of 53 Sec. 64-2323. - This division takes precedence. The standards and requirements of this division shall take precedence over citywide standards and requirements with in the boundaries of the given overlay district. (Ord. No. 09-04-40, art. 33, § 26 , 4-27-2009) Sec. 64-2324. - State Route 9 Overlay District signs. (a) All freestanding signs shall be monuments with the width of the base equal to the width of the sign face. The structure/base should match the principal building materials. (b) Multitenant developments are allowed one primary monument for the overall devel opment 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 multi tenant 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. i.) All ground mounted banners shall be installed on a PVC frame. ii.) If the banner is required to be placed behind a fence, the banner shall have a vertical orientation. 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 gas oline 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. (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) Each place of business is allowed a maximum of two wall signs. (j) Wall signs shall face public streets and pedestrian parking areas. (k) 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. (l) Permanent and temporary signs in windows shall not exceed twenty percent of each window and shall not block visibility from outside the store. The area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. The area of clerestory windows is excluded from the calculations of the applicable sign area. (m) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 24 of 53 The following information may be permanently displayed in windows or glass doors and is exempt from the twenty 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 are store hours and security information. (n) As an exception to the prohibition in (r), each commercial establishment shall be entitled to either one sign, maximum 4 square feet, which may be neon or other illumination or two signs, each a maximum of 2 square feet, of which only one may be neon or other illumination. Such signs shall be positioned on the interior as a window sign, not more than 10 feet from the floor, with at least one sign being not more than 5 feet from the entrance to the commercial establishment. The signs are expressly prohibited from blinking, flashing or fluctuating and may not be animated in any way and may only be illuminated during the time the establishment is open to the public for business Any sign on or within 5 feet of a window is considered a window sign for purposes of application of this Section. (o) 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. (p) 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. (q) The architectural color standards of the district apply only to the si gn structure not to the sign face. See the following table. (r) Prohibited sign types. (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 Section 64-2324(n)) Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system White Reds 168C, 181C, 483C, 484C, 675C, 1685C, 4975C Browns, Beiges and Tans 462C to 468C; 4625C to 4685C, 469C, 474C, 475C; 4695C to 4755C 478C, 719C to 724C 725C to 731C 476U to 482U 719U to 725U 726U to 732U Red-Browns 1154U, 1395 1405U RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 25 of 53 (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 cu rb 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. (s) Wall signs may be internally illuminated. (t) Monument signs shall be externally illuminated. STATE ROUTE 9 OVERLAY DISTRICT MAP. (Ord. No. 09-04-40, art. 33, § 26.1, 4-27-2009) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 26 of 53 Sec. 64-2325. - Crabapple Crossing Overlay District signs. (a) Freestanding signs. (1) All signs must meet the following standards: a. Signs shall not have changeable copy including, but not limited to, scrolling, rotating, flashing, nor 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 st one 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 shall be supported either on one side or on both sides (i.e., shingle sign). (2) Nonresidential multitenant building and development. 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 shall be one sign per right-of-way frontage and it shall be located at the project entrance. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 27 of 53 (3) Nonresidential single tenant building. 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 shall be one sign per right-of-way frontage and it shall be located at the project entrance. (4) Residential uses. a. Maximum height shall be six feet from finished grade. b. Each residential development may have a maximum of two 12 square foot signs not to exceed 24 square feet or one 16 square foot sign per entrance. (b) Wall signs. (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 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 be three percent of the applicable wall area. Corner buildings may have an additional wall sign. (6) A business may have an additional sign perpendicular to the wall with a maximum sign area size of four square feet. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 28 of 53 (c) Other signage (1) Permanent and temporary signs in windows shall not exceed twenty percent of each window and shall not block visibility from outside the store. The area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. The area of clerestory windows is excluded from the calculations of the applicable sign area. As an exception to the prohibition in (e), each commercial establishment shall be entitled to either one sign, maximum 4 square feet, which may be neon or other illumination or two signs, each a maximum of 2 square feet, of which only one may be neon or other illumination. Such signs shall be positioned on the interior as a window sign, not more than 10 feet from the floor, with at least one sign being not more th an 5 feet from the entrance to the commercial establishment. The signs are expressly prohibited from blinking, flashing or fluctuating and may not be animated in any way and may only be illuminated during the time the establishment is open to the public for business. Any sign on or within five feet of a window is considered a window sign, for the purposes of application of this section. (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) located per ADA compliance (minimum 36 inches from the building); no more than 10 feet from building e) not allowed to impede pedestrian or vehicular traffic f) not placed in tree island or landscape strip g) max height of four feet, six square feet per panel h) brought inside at the close of business (d) Sign structure colors. Refer to the following table for sign structure colors for the Crabapple Crossroads. 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 497 553 5536 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835 RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 29 of 53 (e) Prohibited sign types. 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 8. internally illuminated wall signs CRABAPPLE CROSSROADS OVERLAY DISTRICT MAP. (Ord. No. 09-04-40, art. 33, § 26.2, 4-27-2009) 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 4491C 625U 627U Warm Grey 5-7C Warm Grey 8-11 RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 30 of 53 Sec. 64-2326. - Birmingham Crossing Overlay District signs. (a) Freestanding signs. (1) All signs must meet the following standards: a. Signs shall not have changeable copy, including scrolling, rotating, flashing, or 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 community development department director. Plastic inserts are prohibited. e. The sign shall be supported either on one side or on both sides (i.e., shingle sign). (2) Nonresidential multitenant building and development. 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 shall be one sign per right-of-way frontage. (3) Nonresidential single tenant building. a. Maximum height shall be six feet from finished grade. b. The maximum size of the sign area shall be 20 square feet. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 31 of 53 c. There shall be one sign per right-of-way frontage. (4) Residential uses. 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. (1) Wall signs shall not have changeable copy. (2) 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. (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 agai nst the wall or it can hang from the building. The size shall be three percent of the applicable wall area. Corner buildings may have an additional wall sign. (6) A business may have an additional sign perpendicular to the wall with a maximum sign area size of four square feet. (7) A portion of the wall sign can be placed on an overhang or a canopy. (8) Any sign within five feet of a window is considered a window sign for the purposes of application within this section. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 32 of 53 (c) Other signage (1) Permanent and temporary signs in windows shall not exceed twenty percent of each window and shall not block visibility from outside the store. The area of the doors and clerestory windows are excluded from the calculation of the applicable sign area. 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 10 feet from building e) not allowed to impede pedestrian or vehicular traffic f) not placed in tree island or landscape strip g) max height of four feet, six square feet per panel h) brought inside at the close of business (d) Sign structure colors. Refer to the following table for sign structure color in the Birmingham Crossroads Overlay. Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 2C-7C 289C 3316 401-405C 407-412C 412C 415-419C 423C 424-425C 448-450C 4485U 4495C 451C 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 491C 4975 553 5363 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835U 625U 627U Warm Grey 5-7C Warm Grey 8-11 RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 33 of 53 (e) Prohibited sign types. 1. pylon, pole, lollypop, projecting signs 2. monument 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 8. internally illuminated wall signs 9. internally illuminated window signs BIRMINGHAM CROSSROADS OVERLAY DISTRICT MAP. (Ord. No. 09-04-40, art. 33, § 26.3, 4-27-2009) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 34 of 53 DIVISION 5. – OTHER SIGN REQUIREMENTS Sec. 64-2327.- Master Signage Plan. Secs. 64-2329—64-2345. - Reserved. Sec. 64-2327 – Master Signage Plan a. Purpose 1. A Master Sign Plan is an administrative permit which establishes standards (size, design, location, etc.) for all exterior signs associated with a multi-tenant / multi-building development. The master sign plan shall ensure long term aesthetic compatibility of signage throughout the development. All specific requirements of the master signage plan must be met in conjunction with the Overlay signage requirements of the City of Milton. 2. The goal of a Master Sign 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 Sign Plan is required for all newly developed or zoned multiple-tenant, commercial buildings, all multi-building or multi-occupant commercial or office developments, all mixed use developments, single family and multi family developments. c. Approval Authority 1. A Master Signage Plan for a property that 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 of Community Development. If the property is undeveloped, and/or requires rezoning, it shall be reviewed as part of the rezoning/use permit process, and must be approved by the Mayor and City Council. A separate sign permit will be required for all non exempt signs (as indicated in the City of Milton sign ordinance). d. Application requirements 1. The applicant shall develop a master signage plan for all sign elements in the development based on the sign requirements established in Article XVI of the City of Milton Zoning Ordinance. A master signage plan application shall be a written and/or illustrated document to depict the proposed signs, which shall include the following: 2. a) Proposed sign palette, which may include: 1) Entryway sign 2) Primary multitenant freestanding signs 3) Secondary multi tenant freestanding signs 4) Single tenant/outparcel freestanding signs 5) Office/industrial park project freestanding sign RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 35 of 53 6) Residential development freestanding signs 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 14) Signs during construction 15) Wall signs 16) Shingle 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 façade; 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) Location map; h) Photos of property as it appears from the street; i) Any other information as required by the Zoning Ordinance. e. Design Guidelines 1. The sign design guidelines are designed to help ensure quality signs that communicate their message in a clear fashion; however, the "guidelines" are not as strict as sign "standards." The review authority may interpret the design guidelines wi th some flexibility in their application to specific signs/projects, as not all design criteria may be workable or appropriate for each sign or project. In some circumstances, one guideline may be relaxed to facilitate compliance with another guideline determined by the review authority to be more important in the particular case. The overall objective is to ensure that the spirit and intent of the design guidelines are followed. The signs shown below are for illustrative purposes only, and are not drawn to scale. 2. Signs by type: a) Entryway sign. Means a ground sign which is placed on the perimeter of a mixed use development, community or area to identify the name of the community and/or interior projects. Such signs may flank both sides of the entrance and may include ground or landscape wall sign types. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 36 of 53 RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 37 of 53 b) Primary multitenant freestanding signs. Multitenant means one or more buildings, located on a single premises or development, containing two or more separate and distinct individual establishments, which occupy separate portions of the building and which are physically separated from each other by walls. Freestanding sign means any permanent 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. Provides formal identification of the entire project to arterial t raffic. It is designed to maximize visibility to vehicular traffic in all directions. All freestanding signs must be setback at least twenty feet from the edge of pavement. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. Except in the Highway 9 Overlay District, the sign faces shall be made out of wood or other material which has the appearance of carved, distressed or sandblasted wood. In the Highway 9 Overlay, all free standing signs shall be monuments with the width of the base equal to the width of the sign face. All freestanding signs shall be externally illuminated. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 38 of 53 c) Secondary multitenant freestanding signs. Means as stated above, only smaller. Allowed for multi -tenant development on corner lots. Must be placed on the secondary street at the project entrance. Materials/types per the Ordinance/Overlay. Shall be externally illuminated. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 39 of 53 d) Single tenant/outparcel freestanding signs. Means as stated in Sec. 64-2327(2)(b), only for single tenant sites and platted outparcels. Materials/types per the Ordinance/Overlay. Shall be externally illuminated. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 40 of 53 e) Office /industrial park project identification freestanding signs. Means a ground sign that identifies a pl atted office park or industrial park. These signs would be located at the entrance to the park. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 41 of 53 f) Residential development freestanding signs. A ground sign that may be placed at the entrance to single family or multifamily residential developments only in order to identify the name of the development. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 42 of 53 RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 43 of 53 g) Secondary residential development freestanding signs. A pillar type ground sign that indicates a change in residence type in mixed use developments; signage indicating amenities in a residential development , RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 44 of 53 h) Tenant directory freestanding signs. Means a ground sign which provides 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 only. These signs are placed internal to the development or community, and cannot be read from the right of way. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 45 of 53 i) Tenant directory wall signs. Means a wall sign which provides 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 only. These signs are placed internal to the development or community, and cannot be read from the right of way. Allowances: 12 square feet max RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 46 of 53 j) Directional freestanding signs. Means signs used at driveways to improve public safety and to enhance public access to the site from public streets. Used to direct pedestrian or vehicular traffic on a parcel. These signs shall be externally illuminated. Maximum height shall be three (3) feet. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 47 of 53 k) Temporary standard informational signs. 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 five feet and is mounted on a stake or metal frame with a thickness or diameter not greater than 1½ inches. No permit is required for these signs. Allowances: 4 square feet in all zoning districts; max 5 feet in height. 3 max per residential lot. 1 max per commercial lot. l) Sandwich boards. Means an A- frame sign; black or green chalkboard type with a wood frame. Maximum height of four feet; six square feet per panel RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 48 of 53 m) Real estate signs. Means temporary freestanding signs which indicate that a tenant space, building or vacant lot is currently for sale, lease or rent. Allowances: One sign per road frontage; max height 5 feet. 9 square feet on major roads (See Section 64-2303); 6 square feet on all others. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 49 of 53 n) Temporary banners. 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 witho ut a frame. Neither flags nor canopy signs are considered banners. (Canopy signs are counted toward wall signage). RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 50 of 53 o) Signs during construction. Means a temporary, freestanding sign 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 permitee may reapply for a renewal permit subject to same termination conditions as above. If lighted, the sign shall be externally illuminated. Allowances: 12 square feet, max 5 feet high p) Wall signs. 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. Wall signs shall be flush with the wall, building, or structure to which it is mounted or affixed, except as otherwise set forth herein. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 51 of 53 q) Shingle signs. Means a sign suspended from a roof overhang of a covered porch or walkway or attached to a building wall fascia, which identifies the tenant of the adjoining space. These signs are installed perpendicular to the wall. Allowances: 4 square feet per business r) Window signs/graphics. Window sign 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. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 52 of 53 s) Awning/canopy signs. 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. The term "awning/canopy sign" does not include a marquee. May be substituted for monument or wall signs. If substituted they shall be included in the maximum size calculations. t) 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, including but not limited to signs designating restrooms, address numbers, public telephone, and instructions regarding parking. Allowances: 12 square feet max with no single sign greater than 4 square feet RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 53 of 53 u) PROHIBITED SIGNS The following types of signs are prohibited in the Master signage plan: (1) Unidentified signs. (2) Moving sign, sandwich board and signs applied directly to sidewalk or curb (except where specifically allowed), portable display signs, balloons, streamers or air or gas filled figures and other similar temporary signs, except where permitted in Sections 64-2325,c and -2326,c. (3) Beacons, search lights, laser lights or images. (4) Audible signs. (5) Signs in right-of-way, other than those belonging to a government, public service agency, or railroad. (6) Signs mounted on a utility pole, water tower or other similar structure, architectural features, traffic signal or traffic control box and cell towers. (7) Roof signs, Marquee signs (8) Portable signs, which are attached to any parked or moving vehicle or trailer, so as to be visible from a public right-of-way, except that signs posted in the window of a vehicle, totaling one square foot shall be permitted, but not when parked within a nonresidential district or AG -1 (Agricultural) developed with a nonresidential use with the intent to sell that vehicle. (9) Obscene signs. (10) Illegal activity signs. (11) Signs not maintained. (12) Animated signs, flashing signs, rotating signs, and changeable copy signs. (13) Imitation traffic signs. (14) Sign kiosks. (15) Signs attached/painted to natural objects. (16) Temporary signs and banners attached to fences or walls, unless specifically allowed. (17) Internally illuminated window signs, including neon, except as allowed in Sections 64-2324, n and -2325,c. (18) Signs in landscape strip unless approved by the city arborist. Secs. 64-2329—64-2345. - Reserved. STATE OF GEORGIA COUNTY OF FULTON ORDINANCE________ AN ORDINANCE TO AMEND ARTICLE XVI OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE - SIGNS BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 23, 2012 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Article XVI, in regards to size, number and type of signs and adding a Master Signage Plan for signs 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 23rd day of January, 2012 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 1 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: December 22, 2011 for the January 23, 2012, City Council Meeting (January 9, 2012 First Presentation, January 18, 2012 Work Session) Agenda Item: RZ11-17 – To amend Article XVI of the Zoning Ordinance (Chapter 64 of the City Code) – Signs CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendment to amend the Sign Ordinance, Article XVI the City of Milton Zoning Ordinance. Background: When the City‘s Sign Ordinance was adopted in December 2006, at that time a major effort was made to write the ordinance ―content neutral‖ to avoid any future legal issues as it pertains to the U.S. Constitution‘s First Amendment right to free speech. The Sign Ordinance has remained intact with no major text amendments since it was adopted by the Mayor and City Council in December, 2006. During the past five years, the Community Development Department has heard from local business owners as well as citizens regarding the Sign Ordinance. The overall concern was the permitted size and number of signs permitted in commercial areas. The following is a list of the seven top concerns regarding signs: Signs during sale or lease of property Signs during construction Directional signage Grand opening signage Banners, size and duration Incidental signage Wall signs for multi-tenant building, double frontage buildings, entrance drives in Crabapple and Birmingham Overlay Districts A sub-committee was comprised of two Planning Commission members and other concerned business owners and citizens. After the proposed amendments were completed, the revised Sign Ordinance was introduced by Staff at a Planning Commission Work Session held on August 24, 2011. At the September 27, 2011 Planning Commission Work Session there were approximately fifteen residents and business owners who made public comment on the proposed text amendment. Again, the primary concern was the size and number of signs permitted, the percentage of area for window signs permitted in the Crabapple area and the allowance of neon signs in the Hwy 9 business corridor. The Planning Commission met an City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 2 additional four times reviewing and editing the Sign Ordinance and recommended approval, 5-0 at its December 21, 2011 Planning Commission Meeting. Discussion: The Planning Commission has met and deliberated on the proposed text amendments a total of six times incorporating the issues discussed at the Planning Commission Work Sessions and Meetings as well as Staff concerns. Based on the above input from citizens, business owners and Staff, the following major amendments were proposed on the attached list. Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendment to amend Article XVI of the Zoning Ordinance (Chapter 64 of the City Code) – Signs. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 3 PROPOSED CHANGES TO CITY OF MILTON SIGN ORDINANCE Section 64-2241, Added/clarified definitions Section 64-2265, Clarified which signs are not subject to the Ordinance Section 64-2292, Clarified business license requirement Section 64-2294, Added requirement for permit for window signs Section 64-2295, Clarified prohibited signs Section 64-2297, Deleted ‗material change‘ Section 64-2299, o Changed setback for permanent ground signs to ―20 feet from edge of pavement‖ o Changed setback for temporary ground signs to ―15 feet from edge of pavement‖ Section 64-2303, o Added additional banner allowance for new businesses o Increased size of ‗real estate‘ (signs during the sale or lease of property) signs; differentiated between major roads and other roads. o Added allowance for ‗graduation‘ banner Section 64-2324, Highway 9 Overlay o Added restrictions/requirements to banners for multi tenant commercial buildings o Increased allowances for window signs o Changed allowances for internally lit window signs o Clarified prohibited signs Section 64-2325, Crabapple Overlay o Increased allowance for blade signs o Increased allowance for window signs o Changed allowances for internally lit window signs o Added allowance for sandwich board sign Section 64-2326, Birmingham Overlay o Increased allowance for blade signs o Increased allowance for window signs o Added allowance for sandwich board sign Section 64-2327—Added Master signage plan requirement o Required for all newly developed or newly zoned multiple tenant commercial buildings, multi building developments, mixed use developments, and single family and multifamily developments. o Signage plans for developments that require zoning will be approved by the Mayor and Council, as part of the zoning process o Signage plans that do not require zoning will be approved by the Community Development Director, as part of the land disturbance permit (LDP) process RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 1 of 53 ARTICLE XVI - SIGNS DIVISION 1. - GENERALLY Sec. 64-2241. - Definitions. Sec. 64-2242. - Purpose and findings. Sec. 64-2243. - Director's duty to administer and enforce. Sec. 64-2244. - Applicability. Sec. 64-2245. - Severability. Secs. 64-2246—64-2264. - Reserved. 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 /or 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 and not to exceed 12 feet in height. 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. City means the City of Milton, Georgia. City council means the City Council of the City of Milton, Georgia. Director means the director of the community development department, 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 used as a symbol of a government or other legal entity or legally organized organization. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 2 of 53 Flashing sign means a sign, the illumination of which is not kept constant in intensity at all times when in use and/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. A permanently affixed sign which is 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. Illegal activity signs means signs which advertise an activity which is illegal under federal, state or local laws. 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. 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. 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 3-dimensional shape or sign on the top. Marquee or marquee sign means any permanent roof-like 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 establishments, which occupy separate portions of the building 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 Ordinance, but which, by 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) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 3 of 53 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. A permanent freestanding sign shall be 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 parked 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 clea rly 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. 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. Sign kiosk means a small structure for advertising that contains signs. Signs not maintained means signs not in good repair, in violation of codes, or containing or exhibiting broken panels, visible rust, visible rot, damaged support structures, or missing letters. 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 t han 1½ inches. Temporary sign means any sign of nonpermanent nature. All such signs shall be removed within three calendar days after the purpose of which the sign is intended has been accomplished. Unidentified sign means any sign not specifically identified in this article as a permitted sign. 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 o ne sign surface. Wall signs shall be flush with the wall, building, or structure to which it is mounted or affixed, exc ept as otherwise set forth herein. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 4 of 53 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 on or within five feet of the interior of the window or window panes and is visible from the exterior of the structure. Window signs include decals and images painted onto the glass. Windows do not include architectural features. (Ord. No. 09-04-40, art. 33, § 3, 4-27-2009) 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 persona l 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 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) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 5 of 53 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 a ll 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 polls, 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) The city further finds that some signage has a single targeted function and that identification of such signage by description is impossible without referring to its function. For instance, address numerals are used for the sole purpose of locating addresses, which is of benefit to persons looking for those addresses and is essential to public safety personnel responding to emergencies. Subdivision signs at the entrances to subdivisions favor a similar purpose in enabling both the traveling public and emergency personnel to quickly locate subdivision entrances for the purpose of either visitation or responding to emergency calls. While such signage is referenced based upon the function it serves within the context of this ordinance, the bulk of the provisions of this article are unrelated to the content of the speech provided and allow maximum expressive potential to sign owners. (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 lac k 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. 09-04-40, art. 33, § 2, 4-27-2009) Sec. 64-2243. - Director's duty to administer and enforce. The director of the community development 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. 09-04-40, art. 33, § 4, 4-27-2009) 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. 09-04-40, art. 33, § 5, 4-27-2009) 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. 09-04-40, art. 33, § 27 , 4-27-2009) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 6 of 53 Secs. 64-2246—64-2264. - Reserved. DIVISION 2. - PERMITS Sec. 64-2265. - Required. Sec. 64-2266. - Fees. Sec. 64-2267. - Application. Sec. 64-2268. - Rejection. Sec. 64-2269. - Revocation. Sec. 64-2270. - Variance. Sec. 64-2271. - Suspension; termination. Sec. 64-2272. - Expiration date. Secs. 64-2273—64-2291. - Reserved. Sec. 64-2265. - Required. 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. (Ord. No. 09-04-40, art. 33, § 6, 4-27-2009) 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. 09-04-40, art. 33, § 7, 4-27-2009) Sec. 64-2267. - Application. (a) 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 of community development upon forms furnished by that office. The application shall describe and set forth the following: (1) The type and purpose of the sign as defined in this article; (2) The value of the sign; (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; RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 7 of 53 (8) The name, address, telephone number, and business license number of the sign contractor. All applicants for signs which incorporate electricity must obtain an electrical permit; (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. (b) Other zoning requirements. So long as an application conforms to the standards and procedures of this article, the applicant is exempted from any additional standards, other than standards relating to color, and procedures relating to signs in this zoning ordinance. (Ord. No. 09-04-40, art. 33, § 8, 4-27-2009) 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. The director may reject at anytime prior to the expiration of the 30-day period, if the application is incomplete or contains false material statements or omissions, by returning the application to the applicant. (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 30th 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 a denial of the permit. If notice is mailed in conformity with this section, notice shall be deemed to have been given upon t he 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 will be rendered within 60 days from date an appeal is filed. If a final decision is not rendered within the 60 -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 applica tion which is resubmitted shall meet all the standards for an original application. (Ord. No. 09-04-40, art. 33, § 9, 4-27-2009) Sec. 64-2269. - Revocation. (a) Should it be determined that a 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 be immediately removed. A revocation pursuant to this section shall be appealable pursuant to the procedures for zoning appeals outlined in this zoning ordinance. (b) However, notwithstanding subsection (a) of this section, a final decision will be rendered within 60 days from the date an appeal is filed. If a final decision is not rendered within the 60-day period, the decision sought to be appealed shall be affirmed. The permit for any sign not meeting the standards of this article will be revoked. (Ord. No. 09-04-40, art. 33, § 10, 4-27-2009) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 8 of 53 Sec. 64-2270. - Variance. (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 within 80 days of the submission of a complete and accurate application. (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; or (3) Conditions resulting from existing foliage or structures bring about a hardship whereby a sign meeting minimum letter size, square footage and height requirements can not be read from adjoining public road. (Ord. No. 09-04-40, art. 33, § 11, 4-27-2009; Ord. No. 09-06-44, art. XXXIII, § 11, 6-15-2009) Sec. 64-2271. - Suspension; termination. (a) Violation. A violation of any provision of this article shall be grounds for terminating the permit granted by the city to the permittee or the person or entity erecting the sign. No permit shall be suspended, revoked or canceled except for due cause, as hereinafter defined, and until after the permittee is granted a public hearing before the city council. (b) Hearing. The permittee shall be given ten days' written notice of the time, place, and purpose of the hearing, with a statement of the reason for the suspension, revocation, or canceling of such permit and license. The term "due cause" means the violation of the standards of this article. The termination of the permit does not in any way preclude the person alleged to have violated the standards of this article from being tried under section 64-2297 or preclude the city from taking any other action authorized by this Code or any action authorized by law. (Ord. No. 09-04-40, art. 33, § 12, 4-27-2009) Sec. 64-2272. - 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. 09-04-40, art. 33, § 13, 4-27-2009) Secs. 64-2273—64-2291. - Reserved. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 9 of 53 DIVISION 3. - ADDITIONAL PROVISIONS Sec. 64-2292. - Business license tax certificate, public liability insurance required. Sec. 64-2293. - Identification labels; inspection; notice. Sec. 64-2294. - Signs requiring no permit. Sec. 64-2295. - Prohibited signs and devices. Sec. 64-2296. - Violations; penalties. Sec. 64-2297. - Nonconforming signs. Sec. 64-2298. - Removal of unlawful or dangerous signs. Sec. 64-2299. - Sign location. Sec. 64-2300. - Measurement of sign area. Sec. 64-2301. - Measurement of sign height. Sec. 64-2302. - Construction standards. Sec. 64-2303. - Restrictions based on location. Secs. 64-2304—64-2322. - Reserved. 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 (business license) tax certificate 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 o r restriction of the coverage, including nonrenewal, cancellation, and nonpayment of any premium. (Ord. No. 09-04-40, art. 33, § 14, 4-27-2009) 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. 09-04-40, art. 33, § 15, 4-27-2009) 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. 09-04-40, art. 33, § 16, 4-27-2009) Sec. 64-2295. - Prohibited signs and devices. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 10 of 53 The following types of signs are prohibited in the city: (1) Unidentified signs. (2) Moving signs, sandwich boards and signs applied directly to sidewalk or curb (except where specifically allowed), portable display signs, balloons, streamers or air or gas filled figures and other similar temporary signs, except where permitted in section 64-2303 (3) Beacons, search lights, laser lights or images. (4) Audible signs. (5) Signs in right-of-way, other than those belonging to a government, public service agency, or railroad. (6) Signs mounted on a utility pole, water tower or other similar structure, architectural f eatures, traffic signal or traffic control box and cell towers. (7) Roof signs, Marquee signs (8) Portable signs, which are attached to any parked or moving vehicle or trailer, so as to be visible from a public right-of-way, except that signs posted in the window of a vehicle, totaling one square foot shall be permitted, but not when parked within a nonresidential district or AG-1 (Agricultural) developed with a nonresidential use with the intent to sell that vehicle. (9) Obscene signs. (10) Illegal activity signs. (11) Signs not maintained. (12) Abandoned signs. (13) Animated signs, flashing signs, rotating signs, and changeable copy signs. (14) Imitation traffic signs. (15) Graffiti. (16) Sign kiosks. (17) Signs attached/painted to natural objects. 18) Temporary signs and banners attached to fences or walls, unless specifically allowed. 19) Internally illuminated window signs, including neon, except as specifically allowed. 20) Signs in landscape strip unless approved by the city arborist. (Ord. No. 09-04-40, art. 33, § 17, 4-27-2009) Sec. 64-2296. - Violations; penalties. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 11 of 53 (a) Noncompliance. No person shall erect 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 permit 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 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) Notice. The director shall give the permittee from one to 14 calendar days written notice, based on the urgency of the particular situation and the practical considerations of completing measures to comport with the standards of this article, to correct the deficiencies or to remove the sign which is in violation of this article. If the permittee refuses to correct the deficiencies or remove the sign, the director will have the sign removed at the expense of the permittee. (f) Citations. If any sign or other device covered by this article is, or is proposed to be, erected, constructed, altered, converted or used in violation of any provision of this article, the director shall issue a citation. Additionally, the city may seek an injunction for a continuing violation or take other appropriate action to prevent such unlawful erection, construction, alteration, conversion or use to correct or abate such violation. 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. (Ord. No. 09-04-40, art. 33, § 18, 4-27-2009) 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) Repairs. 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 advertised business ceases at that location; (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. 09-04-40, art. 33, § 19, 4-27-2009) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 12 of 53 Sec. 64-2298. - Removal of unlawful or dangerous signs. (a) Removal. The city may order the removal of any sign in violation of this article 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. (b) Procedure following removal order. If the sign is not removed within the time allowable pursuant to a removal order, the city may remove or cause to be removed the sign and collect the costs therefor. (Ord. No. 09-04-40, art. 33, § 20, 4-27-2009) 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 may be 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 shall project over the right-of- way. All temporary signs, as described in Sec. 64-2303, shall be placed at least 15 feet from the edge of pavement. No signs shall be placed between the road and the sidewalk. (Ord. No. 09-04-40, art. 33, § 21, 4-27-2009) 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 cabin et 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 multifaced signs, the area of the sign shall be the total area on all sides that can be viewed at one time from any angle. (d) Three-dimensional signs. Three-dimensional signs shall not exceed two inches from surface. (Ord. No. 09-04-40, art. 33, § 22 , 4-27-2009) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 13 of 53 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. 09-04-40, art. 33, § 23 , 4-27-2009) 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 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 licensed professional structural engineer. The certifying engineer must also be able to provide an insurance certificate indicating it carries a minimum of $1,000,000.00 of professional liability insurance. The city may remove, after reasonable notice, any sign which shows structural faults, neglect, or becomes dilapidated. (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. Except in the overlay districts, freestanding signs shall have a base not less than one-third the width of the sign face. Base must also be wood or brick or stone or have the appearance of wood, brick or stone or other materials which are compatible with 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. 09-04-40, art. 33, § 24 , 4-27-2009) Sec. 64-2303. - 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) Permitted in all zoning districts. a. 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 en ding with the issuance of the last certificate of occupancy or two years, whichever one shall first occur. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 14 of 53 Thereafter, the permittee may reapply for a renewal permit subject to same termination conditions as set forth in this subsection. b. Temporary standard informational sign. Each 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 lot may display an unlimited number of standard informational signs. c. Banners. 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. All banners mounted on the ground must be supported on all sides by a pvc frame. 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. d. Signs during the sale or lease of property. One sign per road frontage . The sign shall not be internally illuminated. The sign shall not exceed 9 square feet on major roads, and 6 square feet on all other roads. A permit shall be required for signs greater than 6 square feet. Major roads include: US Hwy 19 (GA 400) McGinnis Ferry Road State Route 9 Arnold Mill Road/State Hwy 140 Windward Parkway Birmingham Hwy/State Hwy 372 Cogburn Road Hopewell Road New Providence Road (2) AG-1 (Agricultural district). a. 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 for each side of a platted single-family subdivision entrance. 3. Freestanding signs shall have a maximum height of six feet from finish ed grade, and may be externally illuminated, and the light shall be screened from view with evergreen plantings as approved by the community development department director. Signs shall not have changeable copy. 4. Flag. Each development may display no more than one flag and flagpole and, in addition, each single family detached residential lot within each development may display not more than one flag and flagpole. The flagpole shall not exceed 25 feet in height. Flag size shall not be more than 24 square feet. 5. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 15 of 53 Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 6. Each development may post one banner, maximum 24 square feet, maximum 5 feet tall, for a maximum of 40 days, during graduation season (from May 1st to June 15th). A permit is not required. (3) Single-family residential, CUP and NUP districts. Within the single-family residential, CUP and NUP districts, 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 for each side of a platted single-family subdivision entrance. 3. Freestanding signs shall have a maximum height of six feet from finish ed grade, and may be externally illuminated, the light shall be screened from view with evergreen plantings as approved by the community development department director and shall not have changeable copy. 4. Flag. Each lot may display no more than one flag and flagpole. The flagpole shall not exceed 20 feet in height. Flag size shall not be more than 24 square feet. 5. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 6. Each development may post one banner, maximum 24 square feet, maximum 5 feet tall, for a maximum of 40 days, during graduation season (from May 1st to June 15th). A permit is not required. (4) Apartment and townhouse residential districts. a. Within the apartment and townhouse residential districts, standards for freestanding signs are as follows: 1. There shall be one freestanding sign per right-of-way frontage and it shall be located at the 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 may 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. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 16 of 53 7. 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. 8. Flags. Each development may display no more than one flag and flagpole. The flagpole shall not exceed 25 feet in height. Flag size shall not be more than 24 square feet. 9. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 10. Each development may post one banner, maximum 24 square feet, maximum 5 feet tall, for a maximum of 40 days, during graduation season (from May 1st to June 15th). A permit is not required. b. Wall signs. 1. Businesses may have no more than two wall signs. Corner 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 or oblique 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. 8. 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. c. Window signs. Not more than three window signs per development shal l be allowed and shall not be larger than four square feet or cover more than five percent of the area of each window in which a sign is placed, whichever is less. Such signs shall not be illuminated. (5) O-I districts. Within the office-institutional districts, standards for signs are as follows: a. Billboards. Within office-institutional (O-I) districts, freestanding signs shall not exceed 120 square feet and shall be located according to the following standards: 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; RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 17 of 53 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; and 7. In compliance with applicable height standards for the district in which located. b. Freestanding signs. 1. There shall be one freestanding sign per right-of-way frontage and it shall be located at the 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 may 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. 7. 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. 8. Flag. Each development may display no more than one flag and/or flagpole. The flagpole shall not exceed 25 feet in height. Flag size shall not be more than 24 square feet. c. Wall signs. 1. Businesses may have no more than two wall signs. Corner 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 or oblique 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. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 18 of 53 Wall sign shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. 8. 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. (6) Mixed-use districts. Within the mixed-use districts, standards for signs are as follows: a. Freestanding signs. 1. There shall be one freestanding sign per right-of-way frontage and it shall be located at the 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 may 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. 7. 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. 8. Flag. Each development may display no more than one flag and flagpole and, in addition, each single-family detached residential lot within each development may display not more than one flag and flagpole. The flagpole shall not exceed 25 feet in height. Fl ag size shall not be more than 24 square feet. 9. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 10. Each development may post one banner, maximum 24 square feet, maximum 5 feet tall, for a maximum of 40 days, during graduation season (from May 1st to June 15th). A permit is not required. b. Wall signs. 1. Businesses may have no more than two wall signs. Corner buildings may haven 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 or oblique 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. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 19 of 53 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. 8. 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. (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, freestanding signs shall not exceed 120 square feet and shall be located according to the following standards: 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 shall be one freestanding sign per right-of-way frontage and it shall be located at the 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 may 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. 7. 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. 8. Flag. Each development may display no more than one flag and flagpole. The flagpole shall not exceed 25 feet in height. Flag size shall not be more than 24 square feet. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 20 of 53 c. Wall signs. 1. Businesses may have no more than two wall signs. Corner buildings may have an 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. A second sign, if used, shall be perpendicular or oblique 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. 8. 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. (8) Industrial districts. Within industrial districts, standards for signs are as follows: a. Billboards. Within industrial districts (M-1 and M-2), freestanding signs shall not exceed 120 square feet and shall be located according to the following standards: 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 shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. 2. Maximum height shall be six feet from finished grade. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 21 of 53 3. The maximum size shall be 32 square feet. 4. Signs shall not have changeable copy. 5. Signs may be externally lighted. The light shall be screened from view with evergreen planting 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. 7. 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. c. Walls signs. 1. Businesses may have no more than two wall signs. Corner 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 or oblique 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. 8. 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. (9) Mobile home park districts. Within mobile home park districts, standards for signs are as follows: a. Freestanding signs. 1. There shall be one freestanding sign per right-of-way frontage and it shall be located at the 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. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 22 of 53 Signs may 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. 7. 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. 8. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 9. Each development may post one banner, maximum 24 square feet, maximum 5 feet tall, for a maximum of 40 days, during graduation season (from May 1st to June 15th). A permit is not required. b. Wall signs. 1. Businesses may have no more than two wall signs. Corner 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 or oblique 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. 8. 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. (Ord. No. 09-04-40, art. 33, § 25 , 4-27-2009) Secs. 64-2304—64-2322. - Reserved. DIVISION 4. - OVERLAY DISTRICTS Sec. 64-2323. - This division takes precedence. Sec. 64-2324. - State Route 9 Overlay District signs. Sec. 64-2325. - Crabapple Crossing Overlay District signs. Sec. 64-2326. - Birmingham Crossing Overlay District signs. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 23 of 53 Sec. 64-2323. - This division takes precedence. The standards and requirements of this division shall take precedence over citywide standards and requirements with in the boundaries of the given overlay district. (Ord. No. 09-04-40, art. 33, § 26 , 4-27-2009) Sec. 64-2324. - State Route 9 Overlay District signs. (a) All freestanding signs shall be monuments with the width of the base equal to the width of the sign face. The structure/base should match the principal building materials. (b) Multitenant developments are allowed one primary monument for the overall devel opment 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 multi tenant 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. i.) All ground mounted banners shall be installed on a PVC frame. ii.) If the banner is required to be placed behind a fence, the banner shall have a vertical orientation. 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 gas oline 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. (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) Each place of business is allowed a maximum of two wall signs. (j) Wall signs shall face public streets and pedestrian parking areas. (k) 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. (l) Permanent and temporary signs in windows shall not exceed twenty percent of each window and shall not block visibility from outside the store. The area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. The area of clerestory windows is excluded from the calculations of the applicable sign area. (m) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 24 of 53 The following information may be permanently displayed in windows or glass doors and is exempt from the twenty 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 are store hours and security information. (n) As an exception to the prohibition in (r), each commercial establishment shall be entitled to either one sign, maximum 4 square feet, which may be neon or other illumination or two signs, each a maximum of 2 square feet, of which only one may be neon or other illumination. Such signs shall be positioned on the interior as a window sign, not more than 10 feet from the floor, with at least one sign being not more than 5 feet from the entrance to the commercial establishment. The signs are expressly prohibited from blinking, flashing or fluctuating and may not be animated in any way and may only be illuminated during the time the establishment is open to the public for business Any sign on or within 5 feet of a window is considered a window sign for purposes of application of this Section. (o) 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. (p) 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. (q) The architectural color standards of the district apply only to the si gn structure not to the sign face. See the following table. (r) Prohibited sign types. (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 Section 64-2324(n)) Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system White Reds 168C, 181C, 483C, 484C, 675C, 1685C, 4975C Browns, Beiges and Tans 462C to 468C; 4625C to 4685C, 469C, 474C, 475C; 4695C to 4755C 478C, 719C to 724C 725C to 731C 476U to 482U 719U to 725U 726U to 732U Red-Browns 1154U, 1395 1405U RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 25 of 53 (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 cu rb 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. (s) Wall signs may be internally illuminated. (t) Monument signs shall be externally illuminated. STATE ROUTE 9 OVERLAY DISTRICT MAP. (Ord. No. 09-04-40, art. 33, § 26.1, 4-27-2009) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 26 of 53 Sec. 64-2325. - Crabapple Crossing Overlay District signs. (a) Freestanding signs. (1) All signs must meet the following standards: a. Signs shall not have changeable copy including, but not limited to, scrolling, rotating, flashing, nor 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 st one 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 shall be supported either on one side or on both sides (i.e., shingle sign). (2) Nonresidential multitenant building and development. 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 shall be one sign per right-of-way frontage and it shall be located at the project entrance. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 27 of 53 (3) Nonresidential single tenant building. 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 shall be one sign per right-of-way frontage and it shall be located at the project entrance. (4) Residential uses. a. Maximum height shall be six feet from finished grade. b. Each residential development may have a maximum of two 12 square foot signs not to exceed 24 square feet or one 16 square foot sign per entrance. (b) Wall signs. (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 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 be three percent of the applicable wall area. Corner buildings may have an additional wall sign. (6) A business may have an additional sign perpendicular to the wall with a maximum sign area size of four square feet. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 28 of 53 (c) Other signage (1) Permanent and temporary signs in windows shall not exceed twenty percent of each window and shall not block visibility from outside the store. The area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. The area of clerestory windows is excluded from the calculations of the applicable sign area. As an exception to the prohibition in (e), each commercial establishment shall be entitled to either one sign, maximum 4 square feet, which may be neon or other illumination or two signs, each a maximum of 2 square feet, of which only one may be neon or other illumination. Such signs shall be positioned on the interior as a window sign, not more than 10 feet from the floor, with at least one sign being not more th an 5 feet from the entrance to the commercial establishment. The signs are expressly prohibited from blinking, flashing or fluctuating and may not be animated in any way and may only be illuminated during the time the establishment is open to the public for business. Any sign on or within five feet of a window is considered a window sign, for the purposes of application of this section. (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) located per ADA compliance (minimum 36 inches from the building); no more than 10 feet from building e) not allowed to impede pedestrian or vehicular traffic f) not placed in tree island or landscape strip g) max height of four feet, six square feet per panel h) brought inside at the close of business (d) Sign structure colors. Refer to the following table for sign structure colors for the Crabapple Crossroads. 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 497 553 5536 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835 RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 29 of 53 (e) Prohibited sign types. 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 8. internally illuminated wall signs CRABAPPLE CROSSROADS OVERLAY DISTRICT MAP. (Ord. No. 09-04-40, art. 33, § 26.2, 4-27-2009) 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 4491C 625U 627U Warm Grey 5-7C Warm Grey 8-11 RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 30 of 53 Sec. 64-2326. - Birmingham Crossing Overlay District signs. (a) Freestanding signs. (1) All signs must meet the following standards: a. Signs shall not have changeable copy, including scrolling, rotating, flashing, or 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 community development department director. Plastic inserts are prohibited. e. The sign shall be supported either on one side or on both sides (i.e., shingle sign). (2) Nonresidential multitenant building and development. 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 shall be one sign per right-of-way frontage. (3) Nonresidential single tenant building. a. Maximum height shall be six feet from finished grade. b. The maximum size of the sign area shall be 20 square feet. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 31 of 53 c. There shall be one sign per right-of-way frontage. (4) Residential uses. 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. (1) Wall signs shall not have changeable copy. (2) 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. (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 agai nst the wall or it can hang from the building. The size shall be three percent of the applicable wall area. Corner buildings may have an additional wall sign. (6) A business may have an additional sign perpendicular to the wall with a maximum sign area size of four square feet. (7) A portion of the wall sign can be placed on an overhang or a canopy. (8) Any sign within five feet of a window is considered a window sign for the purposes of application within this section. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 32 of 53 (c) Other signage (1) Permanent and temporary signs in windows shall not exceed twenty percent of each window and shall not block visibility from outside the store. The area of the doors and clerestory windows are excluded from the calculation of the applicable sign area. 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 10 feet from building e) not allowed to impede pedestrian or vehicular traffic f) not placed in tree island or landscape strip g) max height of four feet, six square feet per panel h) brought inside at the close of business (d) Sign structure colors. Refer to the following table for sign structure color in the Birmingham Crossroads Overlay. Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 2C-7C 289C 3316 401-405C 407-412C 412C 415-419C 423C 424-425C 448-450C 4485U 4495C 451C 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 491C 4975 553 5363 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835U 625U 627U Warm Grey 5-7C Warm Grey 8-11 RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 33 of 53 (e) Prohibited sign types. 1. pylon, pole, lollypop, projecting signs 2. monument 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 8. internally illuminated wall signs 9. internally illuminated window signs BIRMINGHAM CROSSROADS OVERLAY DISTRICT MAP. (Ord. No. 09-04-40, art. 33, § 26.3, 4-27-2009) RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 34 of 53 DIVISION 5. – OTHER SIGN REQUIREMENTS Sec. 64-2327.- Master Signage Plan. Secs. 64-2329—64-2345. - Reserved. Sec. 64-2327 – Master Signage Plan a. Purpose 1. A Master Sign Plan is an administrative permit which establishes standards (size, design, location, etc.) for all exterior signs associated with a multi-tenant / multi-building development. The master sign plan shall ensure long term aesthetic compatibility of signage throughout the development. All specific requirements of the master signage plan must be met in conjunction with the Overlay signage requirements of the City of Milton. 2. The goal of a Master Sign 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 Sign Plan is required for all newly developed or zoned multiple-tenant, commercial buildings, all multi-building or multi-occupant commercial or office developments, all mixed use developments, single family and multi family developments. c. Approval Authority 1. A Master Signage Plan for a property that 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 of Community Development. If the property is undeveloped, and/or requires rezoning, it shall be reviewed as part of the rezoning/use permit process, and must be approved by the Mayor and City Council. A separate sign permit will be required for all non exempt signs (as indicated in the City of Milton sign ordinance). d. Application requirements 1. The applicant shall develop a master signage plan for all sign elements in the development based on the sign requirements established in Article XVI of the City of Milton Zoning Ordinance. A master signage plan application shall be a written and/or illustrated document to depict the proposed signs, which shall include the following: 2. a) Proposed sign palette, which may include: 1) Entryway sign 2) Primary multitenant freestanding signs 3) Secondary multi tenant freestanding signs 4) Single tenant/outparcel freestanding signs 5) Office/industrial park project freestanding sign RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 35 of 53 6) Residential development freestanding signs 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 14) Signs during construction 15) Wall signs 16) Shingle 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 façade; 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) Location map; h) Photos of property as it appears from the street; i) Any other information as required by the Zoning Ordinance. e. Design Guidelines 1. The sign design guidelines are designed to help ensure quality signs that communicate their message in a clear fashion; however, the "guidelines" are not as strict as sign "standards." The review authority may interpret the design guidelines wi th some flexibility in their application to specific signs/projects, as not all design criteria may be workable or appropriate for each sign or project. In some circumstances, one guideline may be relaxed to facilitate compliance with another guideline determined by the review authority to be more important in the particular case. The overall objective is to ensure that the spirit and intent of the design guidelines are followed. The signs shown below are for illustrative purposes only, and are not drawn to scale. 2. Signs by type: a) Entryway sign. Means a ground sign which is placed on the perimeter of a mixed use development, community or area to identify the name of the community and/or interior projects. Such signs may flank both sides of the entrance and may include ground or landscape wall sign types. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 36 of 53 RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 37 of 53 b) Primary multitenant freestanding signs. Multitenant means one or more buildings, located on a single premises or development, containing two or more separate and distinct individual establishments, which occupy separate portions of the building and which are physically separated from each other by walls. Freestanding sign means any permanent 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. Provides formal identification of the entire project to arterial t raffic. It is designed to maximize visibility to vehicular traffic in all directions. All freestanding signs must be setback at least twenty feet from the edge of pavement. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. Except in the Highway 9 Overlay District, the sign faces shall be made out of wood or other material which has the appearance of carved, distressed or sandblasted wood. In the Highway 9 Overlay, all free standing signs shall be monuments with the width of the base equal to the width of the sign face. All freestanding signs shall be externally illuminated. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 38 of 53 c) Secondary multitenant freestanding signs. Means as stated above, only smaller. Allowed for multi -tenant development on corner lots. Must be placed on the secondary street at the project entrance. Materials/types per the Ordinance/Overlay. Shall be externally illuminated. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 39 of 53 d) Single tenant/outparcel freestanding signs. Means as stated in Sec. 64-2327(2)(b), only for single tenant sites and platted outparcels. Materials/types per the Ordinance/Overlay. Shall be externally illuminated. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 40 of 53 e) Office /industrial park project identification freestanding signs. Means a ground sign that identifies a pl atted office park or industrial park. These signs would be located at the entrance to the park. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 41 of 53 f) Residential development freestanding signs. A ground sign that may be placed at the entrance to single family or multifamily residential developments only in order to identify the name of the development. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 42 of 53 RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 43 of 53 g) Secondary residential development freestanding signs. A pillar type ground sign that indicates a change in residence type in mixed use developments; signage indicating amenities in a residential development , RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 44 of 53 h) Tenant directory freestanding signs. Means a ground sign which provides 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 only. These signs are placed internal to the development or community, and cannot be read from the right of way. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 45 of 53 i) Tenant directory wall signs. Means a wall sign which provides 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 only. These signs are placed internal to the development or community, and cannot be read from the right of way. Allowances: 12 square feet max RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 46 of 53 j) Directional freestanding signs. Means signs used at driveways to improve public safety and to enhance public access to the site from public streets. Used to direct pedestrian or vehicular traffic on a parcel. These signs shall be externally illuminated. Maximum height shall be three (3) feet. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 47 of 53 k) Temporary standard informational signs. 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 five feet and is mounted on a stake or metal frame with a thickness or diameter not greater than 1½ inches. No permit is required for these signs. Allowances: 4 square feet in all zoning districts; max 5 feet in height. 3 max per residential lot. 1 max per commercial lot. l) Sandwich boards. Means an A- frame sign; black or green chalkboard type with a wood frame. Maximum height of four feet; six square feet per panel RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 48 of 53 m) Real estate signs. Means temporary freestanding signs which indicate that a tenant space, building or vacant lot is currently for sale, lease or rent. Allowances: One sign per road frontage; max height 5 feet. 9 square feet on major roads (See Section 64-2303); 6 square feet on all others. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 49 of 53 n) Temporary banners. 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 witho ut a frame. Neither flags nor canopy signs are considered banners. (Canopy signs are counted toward wall signage). RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 50 of 53 o) Signs during construction. Means a temporary, freestanding sign 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 permitee may reapply for a renewal permit subject to same termination conditions as above. If lighted, the sign shall be externally illuminated. Allowances: 12 square feet, max 5 feet high p) Wall signs. 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. Wall signs shall be flush with the wall, building, or structure to which it is mounted or affixed, except as otherwise set forth herein. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 51 of 53 q) Shingle signs. Means a sign suspended from a roof overhang of a covered porch or walkway or attached to a building wall fascia, which identifies the tenant of the adjoining space. These signs are installed perpendicular to the wall. Allowances: 4 square feet per business r) Window signs/graphics. Window sign 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. RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 52 of 53 s) Awning/canopy signs. 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. The term "awning/canopy sign" does not include a marquee. May be substituted for monument or wall signs. If substituted they shall be included in the maximum size calculations. t) 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, including but not limited to signs designating restrooms, address numbers, public telephone, and instructions regarding parking. Allowances: 12 square feet max with no single sign greater than 4 square feet RZ11-17 – Text amendment to the Sign Ordinance (Article XVI) for the for the January 23, 2012 Mayor and City Council Meeting 1/13/2012 Page 53 of 53 u) PROHIBITED SIGNS The following types of signs are prohibited in the Master signage plan: (1) Unidentified signs. (2) Moving sign, sandwich board and signs applied directly to sidewalk or curb (except where specifically allowed), portable display signs, balloons, streamers or air or gas filled figures and other similar temporary signs, except where permitted in Sections 64-2325,c and -2326,c. (3) Beacons, search lights, laser lights or images. (4) Audible signs. (5) Signs in right-of-way, other than those belonging to a government, public service agency, or railroad. (6) Signs mounted on a utility pole, water tower or other similar structure, architectural features, traffic signal or traffic control box and cell towers. (7) Roof signs, Marquee signs (8) Portable signs, which are attached to any parked or moving vehicle or trailer, so as to be visible from a public right-of-way, except that signs posted in the window of a vehicle, totaling one square foot shall be permitted, but not when parked within a nonresidential district or AG -1 (Agricultural) developed with a nonresidential use with the intent to sell that vehicle. (9) Obscene signs. (10) Illegal activity signs. (11) Signs not maintained. (12) Animated signs, flashing signs, rotating signs, and changeable copy signs. (13) Imitation traffic signs. (14) Sign kiosks. (15) Signs attached/painted to natural objects. (16) Temporary signs and banners attached to fences or walls, unless specifically allowed. (17) Internally illuminated window signs, including neon, except as allowed in Sections 64-2324, n and -2325,c. (18) Signs in landscape strip unless approved by the city arborist. Secs. 64-2329—64-2345. - Reserved. STATE OF GEORGIA COUNTY OF FULTON ORDINANCE________ AN ORDINANCE TO AMEND ARTICLE XVI OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE - SIGNS BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 23, 2012 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Article XVI, in regards to size, number and type of signs and adding a Master Signage Plan for signs 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 23rd day of January, 2012 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: January 9, 2012 First Presentation January 23, 2012 Unfinished Business Agenda Item: Adoption of an Ordinance of the Mayor and City Council of the City of Milton, Georgia to Amend Chapter 2 – Administration, Article VI – Financial Management Program, of the City of Milton Code of Ordinances to Include Division 13 – Fund Balance Policy Background: The Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, in March 2009 to “improve the usefulness of information provided to financial report users about fund balance by providing clearer, more structured fund balance classifications, and by clarifying the definitions of existing governmental fund types.” Discussion: Attached is a fact sheet that addresses the most commonly asked questions concerning Statement No. 54. The proposed Fund Balance Policy incorporates the changes made by this Statement. Alternatives: At this time, there are no other favorable alternatives. Concurrent Review: Chris Lagerbloom, City Manager ORDINANCE NO. _________ STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MILTON, GEORGIA TO AMEND CHAPTER 2 – ADMINISTRATION, ARTICLE VI – FINANCIAL MANAGEMENT PROGRAM, OF THE CITY OF MILTON CODE OF ORDINANCES TO ADD DIVISION 13 – FUND BALANCE POLICY WHEREAS, the Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, changing how fund balance is reported; and WHEREAS, Statement No. 54 also clarified the definitions of governmental fund types. BE IT ORDAINED by the City Council of the City of Milton, Georgia while in a Regular called Council meeting on the 23rd day of January, 2012 at 6:00 p.m. as follows: SECTION 1. That Chapter 2, Article 6, Division 13, Section 2-678 of the City of Milton Code of Ordinances, 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 hereby repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 23rd day of January, 2012. Approved: ____________________________ Mayor Joe Lockwood Attest: _____________________________ Sudie AM Gordon, City Clerk (Seal) FINANCIAL MANAGEMENT PROGRAM FUND BALANCE POLICY (IN ACCORDANCE WITH GASB 54) Developed under the Authority of the City Council by the Department of Finance, and approved by ordinance on January 23, 2012. City of Milton georgia FUND BALANCE POLICY IN ACCORDANCE WITH GASB 54 Purpose: The following policy has been adopted by the City Council in order to address the implications of the Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Definitions. The policy is created in consideration of unanticipated events that could adversely affect the financial condition of the City and jeopardize the continuation of necessary public services. This policy will ensure that the City maintains adequate fund balances and reserves in order to: a.) Provide sufficient cash flow for daily financial needs, b.) Secure and maintain investment grade bond ratings, c.) Offset significant economic downturns or revenue shortfalls, and d.) Provide funds for unforeseen expenditures related to emergencies. This policy and the procedures promulgated under it supersede all previous regulations regarding the City’s fund balance and reserve policies. Fund Type Definitions: The following definitions will be used in reporting activity in governmental funds across the City. The City may or may not report all fund types in any given reporting period, based on actual circumstances and activity. The general fund is used to account for all financial resources accounted for and reported in another fund. Special revenue funds are used to account and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specific purposes other than debt services or capital projects. Debt service funds are used to account for all financial resources restricted, committed or assigned to expenditure for principal and interest. Capital project funds are used to account for all financial resources restricted, committed or assigned to expenditure for the acquisition or construction of capital assets. Permanent funds are used to account for resources restricted to the extent that only earnings, and not principal, may be used for purposes that support the City’s purposes. Fund balance reporting in governmental funds. Fund balance will be reported in governmental funds under the following categories using the definitions provided by GASB Statement No. 54: Non-spendable fund balance – Includes amounts that cannot be spent because they are either a.) not in spendable form or b.) legally or contractually required to be maintained intact. Non - spendable amounts will be determined before all other class ifications and consist of the following items (as applicable in any given fiscal year): The City will maintain a fund balance equal to the balance of any long-term outstanding balances due from others (including other funds of the City) The City will maintain a fund balance equal to the value of inventory balances and prepaid items (to the extent that such balances are not offset with liabilities and actually result in fund balance) The City will maintain a fund balance equal to the corpus (principal) of any permanent funds that are legally or contractually required to be maintained intact. The City will maintain a fund balance equal to the balance of any land or other non - financial assets held for sale. Restricted fund balance – Includes amounts that can be spent only for the specific purposes stipulated by the constitution, external resource providers, or through enabling legislation. Committed fund balance – Includes amounts that can be used only for the specific purposes determined by a formal action of the City Council. Commitments will only be used for specific purposes pursuant to a formal action of the City Council. A majority vote is required to approve or remove a commitment. Assigned fund balance – Includes amounts intended to be used by the City for specific purposes but do not meet the criteria to be classified as restricted or committed. In governmental funds other than the general fund, assigned fund balance represents the remaining amount th at is not restricted or committed. The City Council delegates the Finance Director the authority to assign amounts to be used for specific purposes. Such assignments cannot exceed the available (spendable, unrestricted, uncommitted) fund balance in any particular fund. Unassigned fund balance – Includes the residual classification for the City’s general fund and includes all spendable amounts not contained in the other classifications. In other funds, the unassigned classification should be used only to report a deficit balance from overspending for specific purposes for which amounts had been restricted, committed, or assigned. Operational guidelines. The following guidelines address the classification and use of fund balance in governmental funds: Classifying fund balance amounts – Fund balance classifications depict the nature of the net resources that are reported in a governmental fund. An individual governmental fund may include non-spendable resources and amounts that are restricted, committed, or assigned, or any combination of those classifications. The general fund may also include an unassigned amount. Encumbrance reporting – Encumbering amounts for specific purposes for which resources have already been restricted, committed or assigned should not result in separate display of encumbered amounts. Encumbered amounts for specific purposes for which amounts have not been previously restricted, committed or assigned, will be classified as committed or assigned, as appropriate, based on the definitions and criteria set forth in GASB Statement No. 54. Prioritization of fund balance use – When an expenditure is incurred for purposes for which both restricted and unrestricted (committed, assigned, or unassigned) amounts are available, it shall be the policy of the City to consider restricted amounts to have been reduced first. When an expenditure is incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used, it shall be the policy of the City that the committed amounts would be reduced first, followed by assigned amounts and then unassigned amounts. Minimum unassigned fund balance – The City will maintain a minimum unassigned fund balance in its General Fund of 16% of the subsequent year’s budgeted expenditures and outgoing transfers. This minimum fund balance is to protect against cash flow shortfalls related to timing of projected revenue receipts and to maintain a budget stabilization commitment. Replenishing deficiencies – When fund balance falls below the minimum 16%, the City will replenish shortages/deficiencies using the budget strategies and timeframes described below. The City will reduce recurring expenditures to eliminate any structural deficit or, The City will increase revenues or pursue other fund sources, or, A combination of the two options above. Minimum fund balance deficiencies shall be replenished within the following time periods: A deficiency resulting in a minimum fund balance between 16% and 11% of the subsequent year’s budgeted expenditures and outgoing transfers shall be replenished over a period not to exceed one year. A deficiency resulting in a minimum fund balance between 11% and 6% of the subsequent year’s budgeted expenditures and outgoing transfers shall be replenished over a period not to exceed three years. Surplus fund balance – Fund balance will be considered a surplus if over 21% of the subsequent year’s budgeted expenditures and outgoing transfers. Should unassigned fund balance of the General Fund ever exceed 21%, the City will consider such fund balance surpluses for one-time expenditures that are non-recurring in nature and which will not require additional future expense outlays for maintenance, additional staffing or other recurring expenditures. Implementation and review. Upon adoption of this policy the City Council authorizes the Finance Department to establish any standards and procedures which may be necessary for its implementation. The Finance Department shall review this policy at least annually and make any recommendations for changes to the City Council. STATE OF GEORGIA COUNTY OF FULTON CITY OF MILTON RESOLUTION NO. APPROVAL OF A RESOLUTION FOR THE CITY OF MILTON TO PARTNER WITH FULTON COUNTY DEPARTMENT OF REGISTRATION AND ELECTIONS TO PARTICIPATE IN THE VOTER EDUCATION AND OUTREACH PROGRAM (VEOP) TO EDUCATE, REGISTER AND INCREASE VOTER PARTICIPATION THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES while in regular session on the 23rd day of January, 2012 as follows: WHEREAS, the City of Milton values the right to vote as the foundation of our Republic; and WHEREAS, the City of Milton encourages every eligible citizen to register and vote and exercise all of their God-given rights; and WHEREAS, there are estimated to be over 3,900 persons in Milton who are eligible to vote who are not registered; and WHEREAS, there are estimated to be over 2,500 inactive registered voters in Milton; and WHEREAS, the Fulton County Department of Registration and Elections has committed the year of 2012 to outreach, education, and registration of voters in Fulton County, Georgia: NOW, THEREFORE, the City of Milton joins the Fulton County Department of Registration and Elections, to educate, register and increase voter participation in Milton, Georgia for the year 2012. RESOLOVED this 23rd day of January, 2012. Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk (Seal)