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HomeMy WebLinkAboutORDINANCE NO 12 02 128 (2)1 1 1 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 12-02-128 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 February 22, 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 All ordinances, parts of ordinances, or regulations in conflict herewith are repealed; and SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 22nd day of February, 2012. Attest: C�y) --2 dr-;Pl Sudie AM Gordon, City Clerk Mayor Joe Lockrood 13 Sec. 64-2241. - Definitions. 14 Words and phrases used in this article shall have the meanings set forth in this section. Words and 15 phrases not defined in this section, but defined elsewhere in the city zoning ordinance, shall be given the 16 meanings set forth in such ordinance. All other words and phrases shall be given their common, ordinary meaning, 17 unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and 18 shall not be used in the interpretation of this article. 19 Abandoned sign means any sign that contains or exhibits broken panels, visible rust, visible rot, 20 damaged support structures, or missing letters or which is otherwise dilapidated, unsightly, or unkempt, and for 21 which no person accepts maintenance responsibility. 22 Animated sign means any sign, or part of a sign, that uses any movement or change of lighting or color to 23 depict action or create a special effect or scene. 24 Audible sign means any sign which emits a sound which is audible or emits a signal which can be 25 I DIVISION 1. -GENERALLY Awning/canopy sign. 4 (1) 28 5 Sec 64-2241 - Definitions. canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or 6 Sec 64-2242 - Purpose and findings 31 7 Sec 64-2243 - Director's duty to administer and enforce The term "awning/canopy sign" does not include a marquee. 8 Sec 64-2244 - AoDhC-ability 34 9 Sec 64-2245 - Severability applied to cloth, paper, vinyl or fabric that is intended to be hung either with a frame or without a frame. Neither 10 Secs 64-2246-64-2264 - Reserved 37 11 38 points not on the same lot as the light source; also, any light with one or more beams that rotate or move. 12 Billboard means a freestanding sign with an area of more than 120 square feet. 13 Sec. 64-2241. - Definitions. 14 Words and phrases used in this article shall have the meanings set forth in this section. Words and 15 phrases not defined in this section, but defined elsewhere in the city zoning ordinance, shall be given the 16 meanings set forth in such ordinance. All other words and phrases shall be given their common, ordinary meaning, 17 unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and 18 shall not be used in the interpretation of this article. 19 Abandoned sign means any sign that contains or exhibits broken panels, visible rust, visible rot, 20 damaged support structures, or missing letters or which is otherwise dilapidated, unsightly, or unkempt, and for 21 which no person accepts maintenance responsibility. 22 Animated sign means any sign, or part of a sign, that uses any movement or change of lighting or color to 23 depict action or create a special effect or scene. 24 Audible sign means any sign which emits a sound which is audible or emits a signal which can be 25 converted into audible sounds, whether by radio or other means. 26 Awning/canopy sign. 27 (1) 28 The term "awning/canopy sign" means any sign that is a part of, or attached to, an awning, 29 canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or 30 outdoor service area. 31 (2) 32 The term "awning/canopy sign" does not include a marquee. 33 34 Banner means a sign other than a flag with or without characters, letters, illustrations or ornamentation 35 applied to cloth, paper, vinyl or fabric that is intended to be hung either with a frame or without a frame. Neither 36 flags nor awning/ canopy signs are considered banners. 37 Beacon means any light with one or more beams directed into the atmosphere or directed at one or more 38 points not on the same lot as the light source; also, any light with one or more beams that rotate or move. 39 Billboard means a freestanding sign with an area of more than 120 square feet. 40 Blade/shingle sign means a sign which extends out from a building face or wall so that the sign face is 41 perpendicular or at an angle to the building face or wall. 42 Clerestory means any high windows above eye level 43 Changeable copy sign means any sign that incorporates changing lights, lettering, or images to form a 44 sign message or messages, whether such changes are accomplished electronically or manually. 45 City means the City of Milton, Georgia. 46 City council means the City Council of the City of Milton, Georgia. 47 Department means Community Development Department, or such other department as is given authority 48 to implement this Authority by the City. Page 1 of 55 49 Director means the director of the Community Development Department, or such other department as is 50 given authority to implement this Authority by the City, or his or her designee. 51 Fall zone means an area equal to 133 percent of the height of the structure in every direction. 52 Flag means any fabric or bunting containing colors, patterns, or symbols used as a symbol of a 53 government or other legal entity or legally organized organization. 54 Flashing sign means a sign, the illumination of which is not kept constant in intensity at all times when in 55 use or which exhibits marked changes in lighting effects. 56 Freestanding sign means any sign supported by structures or supports that are placed on or anchored in 57 the ground and that are independent from any building or other structure. They are permanently affixed signs 58 which are wholly independent of a building for support. 59 Graffiti means unauthorized writing or drawing on the facade of any building, sign, path, accessory 60 structure, wall, fence, or other site element. 61 Illegal activity signs means signs which advertise an activity which is illegal under federal, state or local 62 laws. 63 64 Illuminated sign, extemal, means a sign illuminated by an external light source. Such source cannot be a 65 device that changes color, flashes or alternates. 66 Illuminated sign, internal, means a sign illuminated by an internal light source, including electric lights, 67 luminous tubes, LED, neon, fiber optics, fluorescent. Such source cannot be a device that changes color, flashes, 68 or alternates. 69 Imitation traffic signs. Signs which contain or are an imitation of an official traffic sign or signal or contain 70 the words "stop," "go," "slow," "caution," "warning," or similar words in such a manner as to resemble official traffic 71 control signs. 72 73 Kiosk means a small structure with one or more sides that is used to vend merchandise or services. 74 Landscape strip means an area required by this zoning ordinance or by conditions of zoning which is 75 reserved for the installation and maintenance of plant materials. 76 LED means an electronically controlled sign utilizing light -emitting diodes to form some or all of the sign 77 message. 78 Lot means a parcel of land that is of sufficient size to meet minimum zoning requirements for lot area, 79 coverage, and use and that can provide such yards and other open spaces as required by the zoning standards. 80 Lollypop sign means a pole sign with an additional 3-dimensional shape or sign on the top. 81 Marquee or marquee sign means any permanent roof -like structure projecting beyond a building or 82 extending along and projecting beyond the wall of the building. 83 Monument means a freestanding sign with a base width of not less than the width of the sign face. 84 Moving sign means a sign which revolves, rotates, swings, undulates, or otherwise attracts attention 85 through the structural movement of parts. 86 Multi tenant means one or more buildings, located on a single premises or development, containing two 87 or more separate and distinct individual licensed business, which occupy separate portions of the building or 88 buildings, and which are physically separated from each other by walls. 89 Neon sign means neon or other inert gas filled tubing signs. This definition includes lighted banding 90 used as trim around buildings or windows. 91 92 Nonconforming Sign means any sign which was lawfully erected and maintained prior to the adoption, 93 revision or amendment of this Article XVI of the City of Milton Zoning Ordinance, but which, by reason of such 94 adoption, revision, or amendment, no longer meets or conforms to one or more such requirements within Article 95 XVI. 96 Page 2 of 55 116 Permanent sign means any sign which, when installed, is intended for permanent use, and is of a type 117 and construction as not to be easily or readily removed from the lot on which it has been erected. 118 Permit means a sign permit reviewed, approved, and issued by the city community development 119 department. 120 Permittee means the person or entity owning or leasing the land on which the sign is erected or for which 121 an application has been submitted. 122 Person means a natural or legal person, including a firm, organization, partnership, trust, and 123 corporation. 124 Pole sign means a freestanding sign with visible support structures. 125 126 Portable sign means a sign which is not permanently affixed to the ground or to a structure including, but 127 not limited to, signs on trailers or signs mounted or painted on vehicles which are either parked or moving, in such 128 a manner as to serve the purpose of a sign. 129 Principal building means the building in which the principal use of the lot is conducted. Nonresidential lots 130 with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other 131 structures with clearly accessory uses shall not be considered principal buildings. 132 Projecting sign means any sign which is suspended or projected from the wall, eave, or soffit of the 133 building. 134 Public sign means any sign erected by a governmental entity. 135 Pylon sign means a freestanding sign with visible support structure or with the support structure 136 enclosed with a pole cover. 137 Roof sign means any sign erected and constructed wholly on and over the roof of a building, or 138 supported by the roof structure. 139 Sign means any device, fixture, placard, or structure affixed to, supported by, or suspended by a 140 stationary object, building or the ground that uses any color, form, graphic, illumination, symbol, or writing to 141 communicate information of any kind to the public. 142 Sign face means that part of a sign that is or can be used for advertising purposes. 143 Sign kiosk means a small structure for advertising that contains signs. Page 3 of 55 97 Obscene. Material is obscene if to the average person, applying contemporary community standards, 98 taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, 99 sex or excretion; the material taken as a whole lacks serious literary, artistic, political or scientific value; and the 100 material depicts or describes, in a patently offensive way, sexual conduct specifically defined as: 101 (1) 102 Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or 103 simulated; 104 (2) 105 Acts of masturbation; 106 (3) 107 Acts involving excretory functions or lewd exhibition of the genitals; 108 (4) 109 Acts of bestiality or the fondling of sex organs of animals; or 110 (5) 111 Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual 112 relationship. 113 114 Pennant or streamer means any lightweight plastic, fabric, or other material, whether or not containing a 115 message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. 116 Permanent sign means any sign which, when installed, is intended for permanent use, and is of a type 117 and construction as not to be easily or readily removed from the lot on which it has been erected. 118 Permit means a sign permit reviewed, approved, and issued by the city community development 119 department. 120 Permittee means the person or entity owning or leasing the land on which the sign is erected or for which 121 an application has been submitted. 122 Person means a natural or legal person, including a firm, organization, partnership, trust, and 123 corporation. 124 Pole sign means a freestanding sign with visible support structures. 125 126 Portable sign means a sign which is not permanently affixed to the ground or to a structure including, but 127 not limited to, signs on trailers or signs mounted or painted on vehicles which are either parked or moving, in such 128 a manner as to serve the purpose of a sign. 129 Principal building means the building in which the principal use of the lot is conducted. Nonresidential lots 130 with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other 131 structures with clearly accessory uses shall not be considered principal buildings. 132 Projecting sign means any sign which is suspended or projected from the wall, eave, or soffit of the 133 building. 134 Public sign means any sign erected by a governmental entity. 135 Pylon sign means a freestanding sign with visible support structure or with the support structure 136 enclosed with a pole cover. 137 Roof sign means any sign erected and constructed wholly on and over the roof of a building, or 138 supported by the roof structure. 139 Sign means any device, fixture, placard, or structure affixed to, supported by, or suspended by a 140 stationary object, building or the ground that uses any color, form, graphic, illumination, symbol, or writing to 141 communicate information of any kind to the public. 142 Sign face means that part of a sign that is or can be used for advertising purposes. 143 Sign kiosk means a small structure for advertising that contains signs. Page 3 of 55 144 Shingle blade sign means a sign which extends out from a building face or wall so that the sign face is 145 perpendicular or at an angle to the building face or wall. 146 Standard informational sign means a sign with an area of not greater than four square feet, with a sign 147 face made for short-term use, containing no reflecting elements, flags, or projections and which, when erect, 148 stands at a height not greater than three feet and is mounted on a stake or metal frame with a thickness or 149 diameter not greater than 11/2 inches. 150 170 151 Temporary sign means any sign of nonpermanent nature. 152 Wall sign means any sign attached parallel to a wall, painted on the wall surface or erected and confined 153 within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays 154 only one sign surface. 155 156 Water tower means a tower or standpipe serving as a reservoir to deliver water at a required head, 157 whether in use, no longer in use or an architectural feature. 158 Window sign means any sign that is affixed to the exterior of the window or window panes, or on or within 159 five feet of the interior of the window or window panes and is visible from the exterior of the structure. Window 160 signs include decals and images painted onto the glass. Windows do not include architectural features. 161 Zoned development means property subject to a single zoning application 162 (Ord. No. 09-04-40, art. 33, § 3, 4-27-2009) 163 Sec. 64-2242. - Purpose and findings. 164 (a) 165 Purpose. This article was enacted with the following purposes: 166 (1) 167 To protect the rights of individuals and businesses to convey their messages through signs; 168 (2) 169 To encourage the effective use of signs as a means of communication; 170 (3) 171 To promote economic development; 172 (4) 173 To improve traffic and pedestrian safety as it may be affected by distracting signs, 174 (5) 175 To prevent the destruction of the natural beauty and environment of the city and to ensure the 176 harmony and compatibility of the character of the area including its physical appearance, natural 177 setting, informal landscaping, and preserve the historic character of the city, 178 (6) 179 To encourage and ensure that development that is context -sensitive in design and materials 180 compliments and is compatible and sensitive with the existing character of the area through its 181 proportion, scale, design, style, placement, position, and architectural qualities that further the 182 distinct values of the city; 183 (7) 184 To protect the public health, safety, and general welfare; 185 (8) 186 To restrict the continued existence of abandoned or nonconforming signs unless in compliance 187 with the terms of this article and to eliminate, over time, all nonconforming signs; 188 (9) 189 To ensure the fair and consistent enforcement of sign standards; and 190 (10) 191 192 (b) To make it easier, quicker, and more economically efficient to apply for a sign permit. 193 Findings. This article was enacted with the following findings in mind: 194 (1) 195 The City finds that signs are a proper use of private property, are a means of personal free 196 expression and a necessary component of a commercial environment. As such, signs are 197 entitled to the protection of the law. In the absence of regulation, however, the number of such Page 4 of 55 198 signs tends to proliferate, with property owners' desiring ever increasing numbers and sizes of 199 signs, leading to cluttered and aesthetically blighted thoroughfares. In addition, the competition 200 among competing sign owners for visibility of their signs contributes to safety hazards for both 201 vehicles and pedestrians and undermines the sign owners' original purpose of presenting a 249 Sec. 64-2243. - Director's duty to administer and enforce. 202 The director of the Department is hereby authorized and directed to administer and enforce this article, clear message of its idea or identification of its premises. 251 203 (2) 252 (Ord. No. 09-04-40, art. 33, § 4, 4-27-2009) 204 253 The City further finds that the regulation of the size, height, number and spacing of signs is 205 The standards of this article shall apply to all signs erected within the city's corporate limits. This includes necessary to protect the public safety, to ensure compatibility of signs with surrounding land 255 206 uses, to enhance the business and economy of the city, to protect the public investment in the (Ord. No. 09-04-40, art. 33, § 5, 4-27-2009) 207 streets and highways, to maintain the tranquil environment of residential areas, to promote 208 industry and commerce, to eliminate visual clutter and blight, to provide an aesthetically 209 appealing environment, and to provide for the orderly and reasonable display of advertising for 210 the benefit of all the city's citizens. 211 (3) 212 The City further finds that there is a substantial difference between signs erected by public 213 authority and signs erected by private citizens or businesses. Signs erected by public authority 214 are virtually all erected for the purpose of maintaining the public safety either through direct 215 control of traffic or through provision of such type signage as street signs which enable the 216 traveling public to know where they are located and to find where they are going. As such, with 217 the exception of signs identifying government buildings, virtually all government signs are 218 erected purely for public safety purposes. Moreover, their use in the public right-of-way is 219 necessary to ensure their visibility to the motoring public. The city commission finds that public 220 utility signs are frequently of the same nature as those signs erected by governmental entities in 221 that they provide necessary information to safeguard the public from downed power lines and 222 from street excavations. Even where signs serve a propriety purpose, such as identifying 223 markings on utility poles, those signs are marked primarily for the purpose of benefiting the 224 public generally through identification of locations where there may be temporary losses of 225 power. 226 (4) 227 The City further finds that some signage has a single targeted function and that identification of 228 such signage by description is impossible without referring to its function. For instance, address 229 230 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 231 emergencies. Subdivision signs at the entrances to subdivisions favor a similar purpose in 232 enabling both the traveling public and emergency personnel to quickly locate subdivision 233 entrances for the purpose of either visitation or responding to emergency calls. While such 234 signage is referenced based upon the function it serves within the context of this ordinance, the 235 bulk of the provisions of this article are unrelated to the content of the speech provided and 236 allow maximum expressive potential to sign owners. 237 (5) 238 The City further finds that most of the city is unique when compared to surrounding areas in 239 terms of the rural, pastoral and equestrian nature of its land uses. Examination of such factors 240 as the lack of sewerage of the majority of its land area, the resulting minimum lot size, the lack 241 of commercial development outside overlay districts and purposefully developed commercial 242 corridors and the large number of agricultural and related uses such as horse farms set the city 243 apart from the more commercialized and developed municipalities which surround it. The 244 preservation of this atmosphere and lifestyle was a major factor in the drive to incorporate the 245 City as its own unique city. Accordingly, the City determines that it has a substantial government 246 interest in striking a proper balance between the right of freedom of expression in terms of the 247 time, place and manner of signage with the need to preserve the pristine character of the city. 248 (Ord. No. 09-04-40, art. 33, § 2, 4-27-2009) 249 Sec. 64-2243. - Director's duty to administer and enforce. Page 5 of 55 250 The director of the Department is hereby authorized and directed to administer and enforce this article, 251 unless otherwise specifically provided by an ordinance of the City Council. 252 (Ord. No. 09-04-40, art. 33, § 4, 4-27-2009) 253 Sec. 64-2244. - Applicability. 254 The standards of this article shall apply to all signs erected within the city's corporate limits. This includes 255 those areas that have been or will be annexed into the city corporate limits. 256 (Ord. No. 09-04-40, art. 33, § 5, 4-27-2009) Page 5 of 55 257 Sec. 64-2245. - Severability. 258 Should any article, section, clause, or provision of this article be declared by a court of competent 259 jurisdiction to be invalid, such action shall not affect the validity of the ordinance as a whole or any part hereof 260 other than the part so declared to be invalid, it being the intent of the city council that each article, section, clause, 261 and provision hereof be severable. 262 (Ord. No. 09-04-40, art. 33,E , 4-27-2009) 263 Secs. 64-2246-64-2264. - Reserved. 264 265 266 DIVISION 2. - PERMITS 267 Sec 64-2265 - Reawred 268 Sec. 64-2266 - Fees 269 Sec 64-2267 - Application 270 Sec 64-2268 - Refect on 271 Sec. 64-2269 - Reserved. 272 Sec. 64-2270 - Variance 273 Sec. 64-2271 - Suspension termination. 274 Sec. 64-2272 - Expiration date. 275 Secs 64-2273-64-2291. - Reserved. 276 277 278 Sec. 64-2265. - Required. 279 (a) 280 Except where specifically not required by the standards of this article, it shall be unlawful for any person 281 to post, display, materially change, or erect a sign in the city without first having obtained a sign permit. 282 Notwithstanding the foregoing, signs which are not visible from a public right-of-way, private drive, public space, or 283 from neighboring residential properties shall not be subject to the standards of this article. 284 (b) 285 All applicants for signs that incorporate electricity must obtain an electrical permit; 286 (c) 287 All applicants for any sign that is greater than eight feet in height (as measured from grade) and greater 288 than 32 square feet in area must obtain a building permit. See Section 64-2302. 289 (Ord. No. 09-04-40, art. 33, § 6, 4-27-2009) 290 Sec. 64-2266. - Fees. 291 No permit shall be issued until the appropriate application has been filed with the Director and fees, as 292 set from time to time by ordinance of the City Council, have been paid. 293 (Ord. No. 09-04-40, art. 33, § 7, 4-27-2009) 294 Sec. 64-2267. - Application. 295 (a) 296 Contents. Applications for sign permits required by this article shall be filed in duplicate by the person 297 owning the subject property, or the owner's agent, in the office of the Director upon forms furnished by 298 that office. The application shall describe and set forth the following: 299 (1) 300 The type and purpose of the sign as defined in this article; 301 (2) 302 The value of the sign; 303 304 Page 6 of 55 305 (3) (a) 306 A survey to scale showing the street address of the property upon which the subject sign is to 307 false material statements or omissions, or that is for a sign which would violate any standard within this be located, the proposed location of subject sign on subject property, the distance of the 308 proposed sign from the subject property's boundaries, and all existing structures or buildings on 309 335 the subject property, 310 (4) 336 311 Processing time; notice; denial. The City shall process all complete and accurate sign permit applications The square foot area per sign and the aggregate square foot area if there is more than one sign 312 face, 313 (5) 314 The name and address of the owner of the real property upon which the subject sign is to be 315 decision by hand delivery or by mailing such notice by certified mail, return receipt requested, to the located; 316 (6) address on the permit application on or before the 30th business day. If the decision of the Director is to 317 341 The property owner's written consent, or his or her agent, granting permission for the 318 placement, maintenance, size, and height of the subject sign to be placed on the property; 319 (7) 320 For wall signs, two sets of building elevations; 321 (8) 322 The name, address, telephone number, and business license number of the sign contractor. 323 (9) 324 (c) Sign details, including a proposed color scheme of sign, and scaled elevation of the size and 325 347 height of the proposed sign from ground level and adjacent street level; and 326 (10) 348 327 zoning appeals outlined in this zoning ordinance. However, notwithstanding the foregoing, a final The zoning district in which the subject property is located and a statement of compliance with 328 all requirements of the zoning district. 329 (Ord. No. 09-04-40, art. 33, § 8, 4-27-2009) 330 Sec. 64-2268. - Rejection. 357 Sec. 64-2269. - Reserved. 358 Sec. 64-2270. - Variance. 359 (a) 360 Limitations. The Board of Zoning Appeals shall be allowed to grant variances to this article. 361 Page 7 of 55 331 332 (a) Incomplete, false statements. The Director shall reject any application that is incomplete, that contains 333 false material statements or omissions, or that is for a sign which would violate any standard within this 334 article within 30 business days of receipt of said application. 335 (b) 336 Processing time; notice; denial. The City shall process all complete and accurate sign permit applications 337 within 30 business days of the city's actual receipt of a complete and accurate application and upon 338 remittance of the appropriate sign permit fee. The Director shall give notice to the applicant of his or her 339 decision by hand delivery or by mailing such notice by certified mail, return receipt requested, to the 340 address on the permit application on or before the 30th business day. If the decision of the Director is to 341 deny the application, the decision shall state the grounds upon which the denial is based. Failure of the 342 City to act within the 30 -day period shall be deemed a denial of the permit. If notice is mailed in 343 conformity with this section, notice shall be deemed to have been given upon the date of mailing. Any 344 application meeting the standards of this article will be granted. Any application not meeting the 345 standards of this article will be denied. 346 (c) 347 Appealable. A rejection pursuant to this section shall be appealable pursuant to the procedures for 348 zoning appeals outlined in this zoning ordinance. However, notwithstanding the foregoing, a final 349 decision of an appeal of the denial of a sign permit will be rendered within 80 days from the date an 350 appeal is filed. If a final decision of an appeal of the denial of a sign permit is not rendered within the 80- 351 day period, the decision sought to be appealed shall be affirmed. 352 (d) 353 Resubmission. A rejected application later resubmitted in conformity with this article shall be deemed to 354 have been submitted on the date of resubmission, instead of the original submission date. An application 355 which is resubmitted shall meet all the standards for an original application. 356 (Ord. No. 09-04-40, art. 33, § 9, 4-27-2009) 357 Sec. 64-2269. - Reserved. 358 Sec. 64-2270. - Variance. 359 (a) 360 Limitations. The Board of Zoning Appeals shall be allowed to grant variances to this article. 361 Page 7 of 55 362 363 (b) 364 Timing. The Board of Zoning Appeals shall hear and decide upon a variance to this article within 80 days 365 of the submission of a complete and accurate application for variance to this article. If a decision on the 366 variance is not rendered within 80 days, then the petition shall be deemed approved. 367 (c) 368 Procedure. Except as modified by this article, the procedures for requesting a variance from the 369 standards of this article shall be the same procedures as that for seeking a variance from the city's 370 ordinances regulating zoning. 371 (d) 372 Standards. The standards which shall be considered for granting a variance from the standards of this 373 article shall be only the following: 374 (1) 375 Relief to this article may only be granted where existing foliage or structures bring about a 376 hardship whereby a sign meeting the maximum letter size, square footage and height 377 requirements cannot be read from an adjoining road; or 378 (2) 379 The application of the particular provision of this Zoning Ordinance to a particular piece of 380 property, due to extraordinary and exceptional conditions pertaining to that property because of 381 its size, shape, or topography, would create an unnecessary hardship for the owner while 382 causing no detriment to the public. 383 (Ord. No. 09-04-40, art. 33, § 11, 4-27-2009; Ord. No. 09-06-44, art. XXXIfI, § 11, 6-15-2009) 384 Sec. 64-2273. - Expiration date. 395 Secs. 64-2274-64-2291. - Reserved. 396 397 DIVISION 3. - ADDITIONAL PROVISIONS 398 399 385 (a) Sec. 64-2293 - Identification labels inspection, notice 386 A sign permit shall become null and void if the sign for which the permit was issued has not been 402 387 installed and completed within six months after the date of issuance; provided, however, that where an $ec. 64-2296 - Reserved 388 applicant can demonstrate that a commercial entity was timely engaged to construct the permitted sign. 405 389 390 but the fabrication has not yet been completed, one 90 -day extension may be granted by the Director. (b) Sec. 64-2299 - Sign location. 391 No refunds shall be made for a permit after the permit is issued. If later an individual desires to erect a 408 392 sign at the same location, a new application for the sign must be processed and another fee paid in Sec 64-2302. - Construction Standards 393 accordance with the fee schedule applicable at such time. 411 394 (Ord. No. 09-04-40, art. 33, § 13, 4-27-2009) 395 Secs. 64-2274-64-2291. - Reserved. 396 397 DIVISION 3. - ADDITIONAL PROVISIONS 398 399 Sec 64-2292 - Business license tax certificate public liability insurance required 400 Sec. 64-2293 - Identification labels inspection, notice 401 Sec. 64-2294. - Signs requiring no permit. 402 S»eQ. 64-2295 - Prohibited signs and devices 403 $ec. 64-2296 - Reserved 404 Sec. 64-2297. - Nonconforming signs. 405 Sec. 64-2298 - Reserved 406 Sec. 64-2299 - Sign location. 407 Sec 64.2300 - Measurement of sign area 408 Sec 64-2301 - Measurement of sign height. 409 Sec 64-2302. - Construction Standards 410 Sec 64-2303 - Restrictions based on location. 411 Secs 64-2304--64.2322 - Reserved. 412 413 414 Sec. 64-2292. - Business license tax certificate, public liability insurance required. 415 It shall be unlawful for any person to engage in the business of erecting or maintaining signs within the 416 city, unless and until such entity shall have obtained an occupation tax certificate or business license issued in the 417 State of Georgia, and a certificate of insurance from an insurance company authorized to do business in the state 418 evidencing that the entity has in effect public liability and property damage insurance in the sum of $25,000.00 for Page 8 of 55 419 property damage for any one claim, and public liability insurance in an amount not less than $100,000.00 for 420 injuries, including accidental death to one person. The certificate of insurance shall state that the insurance carrier 421 shall notify the city 30 days in advance of any termination or restriction of the coverage, including nonrenewal, 422 cancellation, and nonpayment of any premium. 423 (Ord. No. 09-04-40, art. 33, § 14, 4-27-2009) 424 Sec. 64-2293. - Identification labels; inspection; notice. 425 (a) 426 Identification labels. With each sign permit, the Director shall issue a sticker bearing the same number as 427 the permit with which it is issued. It shall be the duty of the permittee or his or her agent to affix such 428 sticker to the sign in the lower right hand area so it is easily seen. The absence of a proper sticker shall 429 be prima facie evidence that the sign has been, or is being, erected or operated in violation of the 430 standards of this article. 431 (b) 432 Inspection. The Director shall inspect all existing signs in the city to determine if such signs conform to 433 the standards of this article. Identification stickers shall be provided for all signs in order to identify 434 existing conforming and nonconforming signs. 435 (Ord. No. 09-04-40, art 33, § 15, 4-27-2009) 436 Sec. 64-2294. - Signs requiring no permit. 437 The following shall not count toward the total amount of signage allowed and no permit is required so 438 long as all standards in this article are met, including the following: 439 (1) 440 Numerals displayed for the purpose of identifying property location not to exceed eight inches in 441 height; 442 (2) 443 Flags: 444 (3 ) 445 Door signs not to exceed one square foot in size and not more than one sign per door; and 446 (4) 447 Temporary standard informational signs in all districts. 448 (Ord. No. 09-04-40, art. 33, § 16, 4-27-2009) 449 Sec. 64-2295. - Prohibited signs and devices. 450 The following types of signs are prohibited in the City: 451 (1) 452 Moving signs, sandwich boards and signs applied directly to sidewalk or curb, balloons, 453 streamers or air or gas filled figures and other similar temporary signs (except where specifically 454 allowed). 455 (2) 456 Beacons, search lights, laser lights or images(except where specifically allowed). 457 (3) 458 Audible signs. 459 (4) 460 Signs in right-of-way, other than those belonging to a government, public service agency, or 461 railroad. 462 (5) 463 Signs mounted on a utility pole, water tower or other similar structure, architectural features, 464 traffic signal or traffic control box and cell towers. 465 (6) 466 Roof signs, Marquee signs 467 (7) 468 Portable signs, except that signs posted in the window of a vehicle, totaling one square foot, 469 shall be permitted, unless the vehicle is parked within a nonresidential district or AG -1 470 (Agricultural) developed with a nonresidential use, with the intent to sell that vehicle. Page 9 of 55 497 (Ord. No. 09-04-40, art. 33, § 17, 4-27-2009) 498 Sec. 64-2296. - Reserved 499 Sec. 64-2297. - Nonconforming signs. 500 471 501 Maintained. A nonconforming sign shall not be replaced by another nonconforming sign, except that the 502 472 (8) signs shall be permitted. All nonconforming signs shall be maintained in good repair. 504 473 505 Obscene signs. 506 474 475 (9) Illegal activity signs. 508 476 (10) damaged or destroyed by an act of God or by other circumstances beyond control of the owner of the 510 477 511 Signs not maintained. 512 478 (11) (1) 514 479 515 Abandoned signs. 516 480 (12) The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, 518 481 519 Animated signs, flashing signs, rotating signs, and changeable copy signs. 482 (13) 483 Imitation traffic signs. 484 (14) 485 Graffiti. 486 (15) 487 Sign kiosks. 488 (16) 489 Signs attached to or painted on natural objects. 490 (17) 491 Temporary signs and banners attached to fences or walls (except where specifically allowed). 492 (18) 493 Internally illuminated window signs, including neon ( except where specifically allowed). 494 495 (19) Signs in landscape strip, unless approved by the City Arborist. 496 497 (Ord. No. 09-04-40, art. 33, § 17, 4-27-2009) 498 Sec. 64-2296. - Reserved 499 Sec. 64-2297. - Nonconforming signs. 500 (a) 501 Maintained. A nonconforming sign shall not be replaced by another nonconforming sign, except that the 502 substitution or interchange of poster panels, painted boards, or dismountable material on nonconforming 503 signs shall be permitted. All nonconforming signs shall be maintained in good repair. 504 505 (b) 506 Repair. Minor repairs and maintenance of nonconforming signs shall be permitted; however, no 507 structural repairs or changes in the size or shape of a nonconforming sign shall be permitted except to 508 make the sign comply with the standards of this article. To the extent that any sign allowable hereunder is 509 damaged or destroyed by an act of God or by other circumstances beyond control of the owner of the 510 sign, then such sign may be repaired without regard to the restrictions of this subsection. 511 (c) 512 Grandfathering. Legal nonconforming signs may stay in place until one of the following conditions occurs: 513 (1) 514 The business on which the property on which the sign is located ceases operation for at least 515 six consecutive months. 516 (2) 517 The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, 518 unsightly, or unkempt; or 519 (3) 520 The sign has been damaged to such extent that more than minor repairs or a material change is 521 required to restore the sign. No structural repairs or change in shape or size shall be permitted 522 except to make the sign comply with all standards of this article. To the extent that any sign 523 allowable hereunder is damaged or destroyed by an act of God or by other circumstances 524 beyond control of the owner of the sign then such sign may be repaired without regard to the 525 restrictions of this subsection. 526 (Ord. No. 09-04-40, art. 33, § 19, 4-27-2009) Page 10 of 55 527 Sec. 64-2298. — Reserved 528 Sec. 64-2299. - Sign location. 529 (a) 530 Obstructions to doors, windows or fire escapes. No sign shall be erected, relocated, or maintained so as 531 to prevent free ingress or egress from any door, window, or fire escape. 532 (b) 533 Signs not to constitute traffic hazard. No sign or any part thereof, except authorized traffic signs, shall be 534 located in any government right-of-way. No sign, except authorized traffic signs, may be located any 535 closer than 20 feet to an intersection as measured from the intersection of the two rights-of-way. 536 (c) 537 Setback. Unless a more restrictive setback is specified in conditions of zoning or otherwise in this article, 538 all permanent ground signs shall set back 20 feet from the edge of pavement. No sign, except authorized 539 traffic signs, shall project over the right-of-way. 540 All temporary signs, as described in Sec. 64-2303, shall be placed at least 15 feet from the edge of 541 pavement. No signs shall be placed between the road and the back of the landscape strip- 542 (Ord. No. 09-04-40, art. 33, § 21 , 4-27-2009) 543 544 Sec. 64-2300. - Measurement of sign area. 545 (a) 546 Size generally. The area of a sign shall be computed as the area within the smallest continuous polygon 547 comprised of not more than eight straight lines enclosing the limits of a sign face, together with any sign 548 face cabinet or frame or material, texture, or color forming an integral part of the sign face used to 549 differentiate the sign face from the structure upon which it is placed. If polygons established around wall 550 signs located on the same street oriented wall are within 24 inches or less of one another, then the area SS1 of the sign shall be measured within one continuous polygon. 552 (b) 553 Structure. The computation of the area of a sign face shall not include the structure, supports, or uprights 554 on which the sign face is placed or any portions of a sign structure that are not intended to contain any 555 message or idea and are purely structural or decorative in nature, other than those parts contained within 556 the polygon that delineates the sign face. 557 (c) 558 Multi faced signs. For multi -faced signs, when the sign face surfaces are back-to-back, or where the 559 interior angle formed by the faces is 45 degrees or less, the area of the sign shall be taken as the areas 560 on the largest side. For all other multi faced signs, the area of the sign shall be the total area on all sides. 561 (d) 562 Three-dimensional signs. Three-dimensional signs shall not exceed two inches from surface. 563 (Ord. No. 09-04-40, art. 33,E , 4-27-2009) 564 Sec. 64-2301. - Measurement of sign height. 565 The height of a sign shall be computed as the distance from the base of the sign structure at normal 566 grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower 567 of: 568 (1) 569 Existing grade prior to construction; or 570 (2) 571 The newly established grade after construction, exclusive of any filling, berming, mounding, or 572 excavating solely for the purpose of locating the sign. 573 (Ord. No. 09-04-40, art. 33,x, 4-27.2009) 574 Sec. 64-2302. - Construction standards. 575 (a) 576 Building codes. All permanent signs permitted under this Code shall be constructed and maintained in 577 accordance with the applicable City building codes. For any sign that is greater than eight feet in height 578 (as measured from grade) and greater than 32 square feet in area, the permittee must submit, with its Page 11 of 55 589 579 building permit application, detailed structural design drawings of the sign and its foundations. Such Illumination. Signs may be externally illuminated where permitted pursuant to this article. Colored lighting 580 drawings must include the foundation, supporting structure and sign face and must be certified by a 592 581 professional structural engineer, licensed in the state of Georgia. The certifying engineer shall provide an candidate, each lot may display an unlimited number of standard informational signs. All 582 insurance certificate indicating it carries a minimum of $1,000,000.00 of professional liability insurance. 595 583 (b) one-third the width of the sign face. Base must also be wood or brick or stone or have the appearance of 584 Faces. The face of the sign shall be flat, with protrusions of no more than two inches to allow for the 598 585 texture of the sign and words, letters, figures, symbols, logos, fixtures, colors, or other design elements. (e) 586 No sign or other advertising structure shall be constructed so as to have nails, tacks, or wires protruding 601 587 therefrom. Sign faces shall be made out of wood or other material which has the appearance of carved, (Ord. No. 09-04-40, art. 33,E , 4-27-2009) 588 distressed, or sandblasted wood. 589 (c) 590 Illumination. Signs may be externally illuminated where permitted pursuant to this article. Colored lighting 591 is prohibited. Where external illumination is permitted for freestanding signs, the source of illumination 592 shall be screened from the view of the general public with shrubs. 593 candidate, each lot may display an unlimited number of standard informational signs. All 594 (d) 595 Construction of bases. Except in the overlay districts, freestanding signs shall have a base not less than 596 one-third the width of the sign face. Base must also be wood or brick or stone or have the appearance of 597 wood, brick or stone or other materials which are compatible with the main structure as approved by the 598 community development department director. 599 (e) 600 Landscaping. Landscaping and grass shall be maintained in front of, behind, underneath, and around the 601 base of freestanding signs. 602 (Ord. No. 09-04-40, art. 33,E , 4-27-2009) 603 Sec. 64-2303. - Sign restrictions based on location. 604 If not otherwise stated, any sign not specifically allowed in a zoning district as provided under this section 605 shall be prohibited in that district, except as otherwise provided for under this article. The following standards 606 govern signs within specific zoning districts. The following signs shall be setback at least 15 feet from the edge of 607 pavement. 608 (1) 609 Signs permitted in all zoning districts. 610 candidate, each lot may display an unlimited number of standard informational signs. All 611 a. Temporary freestanding signs are permitted in all zoning districts, per the following 612 standards: 613 1. Signs during construction. One sign shall be allowed during construction. A permit 614 shall be required. The sign may be externally illuminated, shall not exceed 12 square 615 feet in area and five feet in height, and shall be allowed beginning with the 616 commencement of construction and ending with the issuance of the last certificate of 617 occupancy or two years, whichever one shall first occur. Thereafter, the permittee may 618 reapply for a renewal permit subject to same termination conditions as set forth in this 619 subsection. 621 2. Temporary standard informational signs. Each lot and/or development may display 622 one standard informational sign not exceeding four square feet without a permit, except 623 that during a political election or referendum, between the date of qualification of the 624 candidate or the referendum question and final determination on each ballot issue or 625 candidate, each lot may display an unlimited number of standard informational signs. All 626 such signs shall be removed within seven calendar days after the purpose of which the 627 sign is intended has been accomplished. 628 3. Signs during the sale or lease of property. During the sale or lease of property, one 629 sign per road frontage of the property for sale or lease, shall be allowed. The sign shall 630 not be internally illuminated. The sign shall not exceed 9 square feet on major roads, 631 and 6 square feet on all other roads. A permit shall be required for signs greater than 632 6 square feet. 633 634 635 Major roads include: 636 US Hwy 19 (GA 400) McGinnis Ferry Road Page 12 of 55 674 637 State Route 9 Amold Mill Road/State Hwy 140 Each residence may display up to 12 square feet of signage with no single sign 638 Windward Parkway Birmingham Hwy/State Hwy 372 677 639 Cogbum Road Hopewell Road Each development may post one banner, maximum 24 square feet, maximum 640 641 New Providence Road 680 642 b. Banners are permitted in all zoning districts, per the following standards; 3. 643 Banners shall be allowed for a period not exceeding ten consecutive days, with no 683 644 more than four such ten -consecutive -day periods being permitted per calendar year, property, with the owner's permission. A permit is required for this sign. 645 per lot. 686 646 687 that could be characterized as free speech and which is not necessarily related 647 In addition, each new business shall be allowed a banner for 30 consecutive days 689 648 starting from the issuance of the business license or occupational tax certificate. C. Flags 649 Each development may display no more than three flagpoles, and in addition, each 692 650 Banners shall not be more than 24 square feet. A permit shall be required. No banner than one flag and flagpole. Each flagpole is allowed one flag. In non-residential 651 shall be mounted so as to extend above the horizontal plane of the roof where the 695 652 building wall and roof meet or shall not extend more than five feet above grade when 653 on the ground. All banners mounted on the ground must be supported on all sides by a 654 PVC frame or its equivalent. 655 (2) 656 AG -1 (Agricultural district). 657 658 a. Freestanding signs. 659 Within the AG -1 (Agricultural district), standards for freestanding signs are as follows: 660 1. 661 One maximum 32 -square foot, freestanding sign per business or institutional 662 lot shall be permitted for each street on which the lot has frontage. 663 2. 664 One maximum 32 -square foot, freestanding sign or two single -faced 665 666 freestanding signs not to exceed 16 square feet each, shall be permitted for each side of a platted single-family subdivision entrance. 667 3. 668 Freestanding signs shall have a maximum height of six feet from finished 669 grade. If freestanding signs are illuminated, the light shall come from external 670 sources which shall be screened from view with evergreen plantings as 671 approved by Director. Signs shall not have changeable copy. 672 673 b. Other signage 674 1. 675 Each residence may display up to 12 square feet of signage with no single sign 676 greater than four square feet. 677 2. 678 Each development may post one banner, maximum 24 square feet, maximum 679 5 feet tall, for a maximum of 40 days, during graduation season (from May 1 st 680 to June 15th). A permit is not required. 681 3. 682 Each lot may post one seasonal expression sign, maximum 16 square feet in 683 area, for a maximum of 30 days. Such signs shall be located only on private 684 property, with the owner's permission. A permit is required for this sign. 685 For purposes of this paragraph, a seasonal expression sign shall mean a sign, 686 not otherwise defined in this article, which involves the expression of any idea 687 that could be characterized as free speech and which is not necessarily related 688 to a particular use of land. 689 690 C. Flags 691 Each development may display no more than three flagpoles, and in addition, each 692 single family detached residential lot within each development may display not more 693 than one flag and flagpole. Each flagpole is allowed one flag. In non-residential 694 districts, the flagpole shall not exceed the maximum allowed building height. In 695 residential districts, the maximum height of the flagpole shall be 25 feet. The length of Page 13 of 55 Page 14 of 55 696 the flag shall not exceed 1/4 the length of the flag pole. The size of the flag shall be 697 calculated accordingly. 698 699 (3) 700 Single-family residential, CUP and NUP districts. Within the single-family residential, CUP and 701 NUP districts, standards for signs are as follows: 702 703 a. Freestanding signs. 704 705 1. 706 One maximum 32 -square foot, freestanding sign per business or institutional 707 lot shall be permitted for each street on which the lot has frontage. 708 2. 709 One maximum 32 -square foot, freestanding sign or two single -faced 710 freestanding signs not to exceed 16 square feet each, shall be permitted for 711 each side of a platted single-family subdivision entrance. 712 3. 713 Freestanding signs shall have a maximum height of six feet from finished 714 grade, and may be externally illuminated, the light shall be screened from 715 view with evergreen plantings as approved by the Director, and shall not have 716 changeable copy. 717 718 719 b. Other signage. 720 1. 721 Each residence may display up to 12 square feet of signage with no single 722 sign greater than four square feet. 723 2. 724 725 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 1 st 726 to June 15th). A permit is not required. 727 C. Flags. 728 Each development may display no more than three flagpoles, and in addition, each 729 single family detached residential lot within each development may display not more 730 than one flag and flagpole. Each flagpole is allowed one flag. In non-residential 731 districts, the flagpole shall not exceed the maximum allowed building height. In 732 residential districts, the maximum height of the flagpole shall be 25 feet. The length of 733 the flag shall not exceed 1/4 the length of the flag pole. The size of the flag shall be 734 calculated accordingly. 735 736 (4) 737 Apartment and townhouse residential districts. 738 Within the apartment and townhouse residential districts, standards for signs are as 739 follows: 740 741 a. Freestanding signs. 742 1. 743 One freestanding sign per right-of-way frontage shall be permitted, and it shall 744 be located at a project entrance. 745 2. 746 Maximum height shall be six feet from finished grade. 747 3. 748 The maximum size shall be 32 square feet. 749 4. 750 Freestanding signs shall not have changeable copy. 751 5. 752 Freestanding signs may be externally lighted. The light shall be screened from 753 view with evergreen plantings as approved by the Director. 754 6. Page 14 of 55 808 Maximum height shall be six feet from finished grade. 809 3. 810 The maximum size shall be 32 square feet. 811 4. 812 Signs shall not have changeable copy. 813 5. Page 15 of 55 755 The freestanding sign structure shall be constructed of the same material as 756 the predominant material of the principal building. 757 7. 758 Sign faces shall be made out of wood or other material which has the 759 appearance of carved, distressed, or sandblasted wood as approved by the 760 Director. 761 762 b. 763 Other signage. 764 765 1. 766 Each residence may display up to 12 square feet of signage with no single 767 sign greater than four square feet. 768 2. 769 Each development may post one banner, maximum 24 square feet, maximum 770 5 feet tall, for a maximum of 40 days, during graduation season (from May 1 st 771 to June 15th). A permit is not required. 772 C. 773 Flags. 774 775 Each development may display no more than three flagpoles. Each flagpole is allowed 776 one flag. In non-residential districts, the flagpole shall not exceed the maximum allowed 777 building height. In residential districts, the maximum height of the flagpole shall be 25 778 feet. The length of the flag shall not exceed 1/4 the length of the flag pole. The size of 779 the flag shall be calculated accordingly. 780 (5) 781 04 districts. Within the office -institutional districts, standards for signs are as follows: 782 a. 783 Billboards. 784 1. 785 Along, and oriented toward, state -numbered primary routes or national 786 highways only, 787 2. 788 At least 500 feet from all residential or AG -1 zoning districts; 789 3. 790 Minimum 50 -foot setback from right-of-way; 791 4. 792 Minimum of 1,500 feet from any other billboards or freestanding sign, except 793 standard informational signs: 794 5. 795 The lot on which the billboard is located shall have sufficient area to 796 accommodate the fall zone, and except for the sign, no parking areas, 797 pedestrian areas, roadways, buildings, structures, or appurtenances shall be 798 contained in the fall zone; 799 6. 800 Maximum of 12 feet in height. 801 802 b. 803 Freestanding signs. 804 1. 805 There may be one freestanding sign per right-of-way frontage, and it shall be 806 located at a project entrance. 807 2. 808 Maximum height shall be six feet from finished grade. 809 3. 810 The maximum size shall be 32 square feet. 811 4. 812 Signs shall not have changeable copy. 813 5. Page 15 of 55 fl 1 1 814 81S 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 Page 16 of 55 1011 7. Signs may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the community development department director. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Director. C. Wall signs. 1. 2. 3. 4. 5. 6. 7. 8. Businesses may have no more than two wall signs. Single tenant buildings and end units of multi tenant buildings may have an additional wall sign. One sign shall be flush against the wall. The maximum size shall be 12 square feet. A second sign, if used, shall be perpendicular to the wall. The maximum size shall be two square feet. Signs shall be one unit as opposed to individually mounted letters. Wall signs shall not have changeable copy. If illuminated, signs may be externally lighted and directed downward. Wall sign shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. 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. Grand opening event signage. Signs for Grand Opening events are permitted for any new or relocated business according to the following standards: The grand opening event is allowed within two months of the issuance of the certificate of occupancy. A special event permit must be obtained from the Community Development Department prior to conducting the Grand Opening Event. 1. The special event permit for a grand opening is valid for a period of 48 hours. 2. Signage a. One banner shall be allowed for a Grand Opening event, which shall not exceed twenty four square feet in area. (See Section 64-2303.1.b). A separate permit is required for this banner. b. One 4 square foot temporary sign is allowed. 3. A temporary tent may be used in conjunction with a Grand Opening special event permit. The Fire Marshal's sign off must be obtained on the Special Event Permit for the use of the tent. 4. One inflatable device is allowed, within the event footprint, with a maximum size of two thousand (2,000) cubic feet, and a maximum height of twenty (20) feet. The vendor or owner of the inflatable must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 5. One search light or similar device is allowed. The light must be diminished by 11:OOpm. 6. Temporary outside display of merchandise is permitted for a grand opening event. 1 1 1 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 Page 17 of 55 (6) a. Such display shall be located next to the building entrance door, provided a minimum 36 inch clear and unobstructed walkway is maintained. b. Any display not brought inside of the business at close of business day is considered outdoor storage and is prohibited. e. Flags. Each development may display no more than three flagpoles. Each flagpole is allowed one flag. In non-residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed %the length of the flag pole. The size of the flag shall be calculated accordingly. Mixed-use districts. Within the mixed-use districts, standards for signs are as follows: a. Freestanding signs. 1. 2. 3. 4. 5. i There may be one freestanding sign per right-of-way frontage, and it shall be located at a project entrance. Maximum height shall be six feet. The maximum size shall be 32 square feet. Signs shall not have changeable copy. Signs may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the community development department director. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Director. Wall signs. 1. 2. 3. 4. 5. 6. 7. 8. Businesses may have no more than two wall signs. Single tenant buildings and end units of multi tenant buildings may have an additional wall sign. One sign shall be flush against the wall. The maximum size shall be 12 square feet. A second sign, if used, shall be perpendicular to the wall. The maximum size shall be two square feet. Signs shall be one unit as opposed to individually mounted letters. Wall signs shall not have changeable copy. If illuminated, signs may be externally lighted and directed downward. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Director. 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 Page 18 of 55 (7) C. .:1 Grand opening event signage. Signs for Grand Opening events are permitted for any new or relocated business according to the following standards: The grand opening event is allowed within two months of the issuance of the certificate of occupancy. A special event permit must be obtained from the Community Development Department prior to conducting the Grand Opening Event. 1. The special event permit for a grand opening is valid for a period of 48 hours. 2. Signage a. One banner shall be allowed for a Grand Opening event, which shall not exceed twenty four square feet in area. (See Section 64-2303.1.b). A separate permit is required for this banner. b. One 4 square foot temporary sign is allowed. 7. A temporary tent may be used in conjunction with a Grand Opening special event permit. The Fire Marshal's sign off must be obtained on the Special Event Permit for the use of the tent. 8. One inflatable device is allowed, within the event footprint, with a maximum size of two thousand (2,000) cubic feet, and a maximum height of twenty (20) feet. The vendor or owner of the inflatable must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 9. One search light or similar device is allowed. The light must be diminished by 11:OOpm. 10. Temporary outside display of merchandise is permitted for a grand opening event. a. Such display shall be located next to the building entrance door, provided a minimum 36 inch clear and unobstructed walkway is maintained. b. Any display not brought inside of the business at close of business day is considered outdoor storage and is prohibited. Other signage. 2. e. Flags. Each residence may display up to 12 square feet of signage with no single sign greater than four square feet. 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 1 st to June 15th). A permit is not required. Each development may display no more than three flagpoles and in addition, each single family detached residential lot within each development may display not more than one flag and flagpole. Each flagpole is allowed one flag. In non-residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed 1/4 the length of the flag pole. The size of the flag shall be calculated accordingly. Commercial and Industrial Paris 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, 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. Page 19 of 55 1000 6. Minimum of 1,500 feet from any other billboards or freestanding sign, except 1001 standard informational signs, 1002 the predominant material of the principal building. 1003 5. 1004 The lot on which the billboard is located shall have sufficient area to 1005 accommodate the fall zone, and except for the sign, no parking areas, 1006 pedestrian areas, roadways, buildings, roadways, structures, or 1007 appurtenances shall be contained in the fall zone, 1008 6. 1009 Wall signs. Maximum of 12 feet in height; and 1038 1010 7. 1039 1011 Businesses may have no more than two wall signs. Single tenant buildings In compliance with applicable height standards for the district in which 1040 1012 and end units of multi tenant buildings may have one additional wall sign. located. 1041 1013 b. 1042 1014 Freestanding signs. 1015 1. square feet or three percent of the wall area. 1016 3. There may be one freestanding sign per right-of-way frontage, and it shall be 1017 located at a project entrance. 1018 2. size shall be two square feet. 1019 4. Maximum height shall be six feet from finished grade. 1020 3. Signs shall be one unit as opposed to individually mounted letters. 1021 S. The maximum size shall be 32 square feet. 1022 4. Wall signs shall not have changeable copy. 1023 6. Signs shall not have changeable copy. 1024 5. If illuminated, signs may be externally lighted and directed downward. 11012 1025 Sign may be externally lighted. The light shall be screened from view with 1026 evergreen plantings as approved by the community development department 1027 8. director. Page 19 of 55 1028 6. 1029 The freestanding sign structure shall be constructed of the same material as 1030 the predominant material of the principal building. 1031 7. 1032 Sign faces shall be made out of wood or other material which has the 1033 appearance of carved, distressed, or sandblasted wood as approved by the 1034 Director. 1035 1036 C. 1037 Wall signs. 1038 1. 1039 Businesses may have no more than two wall signs. Single tenant buildings 1040 and end units of multi tenant buildings may have one additional wall sign. 1041 2. 1042 One sign shall be flush against the wall. The maximum size shall be 12 1043 square feet or three percent of the wall area. 1044 3. 1045 The second sign, if used, shall be perpendicular to the wall. The maximum 1046 size shall be two square feet. 1047 4. 1048 Signs shall be one unit as opposed to individually mounted letters. 1049 S. 1050 Wall signs shall not have changeable copy. 1051 6. 1053 7. If illuminated, signs may be externally lighted and directed downward. 11012 1054 Wall signs shall not cover architectural features or details and not extend 1055 beyond the roof line or outer edges of the building. 1056 8. Page 19 of 55 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 Page 20 of 55 (8) :l e. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Director. Grand opening event signs. Signs for Grand Opening events are permitted for any new or relocated business according to the following standards: The grand opening event is allowed within two months of the issuance of the certificate of occupancy. A special event permit must be obtained from the Community Development Department prior to conducting the Grand Opening Event. 3. The special event permit for a grand opening is valid for a period of 48 hours. 4. Signage a. One banner shall be allowed for a Grand Opening event, which shall not exceed twenty four square feet in area. (See Section 64-2303.1.b). A separate permit is required for this banner. b. One 4 square foot temporary sign is allowed. 11. A temporary tent may be used in conjunction with a Grand Opening special event permit. The Fire Marshal's sign off must be obtained on the Special Event Permit for the use of the tent. 12. One inflatable device is allowed, within the event footprint, with a maximum size of two thousand (2,000) cubic feet, and a maximum height of twenty (20) feet. The vendor or owner of the inflatable must indicate the method of inflation, chemicals used, sign a hold harmless agreement and provide evidence of liability insurance. 13. One search light or similar device is allowed. The light must be diminished by 11:00pm. 14. Temporary outside display of merchandise is permitted for a grand opening event. a. Such display shall be located next to the building entrance door, provided a minimum 36 inch clear and unobstructed walkway is maintained. Any display not brought inside of the business at close of business day is considered outdoor storage and is prohibited. Flags. Each development may display no more than three flagpoles. Each flagpole is allowed one flag. In non-residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed 1/4 the length of the flag pole. The size of the flag shall be calculated accordingly. Industrial districts. Within industrial districts, standards for signs are as follows: a. Billboards. Within industrial districts (M-1 and M-2), 1. Along, and oriented toward, state -numbered primary routes or national highways only; 2. At least 500 feet from all residential or AG -1 zoning districts; 3. Minimum 50 -foot setback from right-of-way; 4. Minimum of 1,500 feet from any other billboards or freestanding sign, except standard informational signs; 5. The lot on which the billboard is located shall have sufficient area to accommodate the fall zone, and except the sign, no parking areas, pedestrian areas, roadways, buildings, structures, or appurtenances shall be contained in the fall zone; 6. Maximum of 12 feet in height; and 7. Page 21 of 55 1121 In compliance with applicable height standards for the district in which 1122 located. 1123 b. 1124 Freestanding signs. 1125 1126 1. 1127 There may be one freestanding sign per right-of-way frontage, and it shall be 1128 located at a project entrance. 1129 2. 1130 Maximum height shall be six feet from finished grade. 1131 3. 1132 The maximum size shall be 32 square feet. 1133 4. 1134 Signs shall not have changeable copy. 1135 5. 1136 Signs may be externally lighted. The light shall be screened from view with 1137 evergreen planting as approved by the Director. 1138 6. 1139 The freestanding sign structure shall be constructed of the same material as 1140 the predominant material of the principal building. 1141 7. 1142 Sign faces shall be made out of wood or other material which has the 1143 appearance of carved, distressed, or sandblasted wood as approved by the 1144 Director. 1145 C. 1146 Walls signs. 1147 1. 1148 Businesses may have no more than two wall signs. Single tenant buildings and end units of multi tenant buildings may have one additional wall sign. 11149 1150 2. 1151 One sign shall be flush against the wall. The maximum size shall be 12 1152 square feet. 1153 3. 1154 The second sign, if used, shall be perpendicular to the wall. The maximum 1155 size shall be two square feet. 1156 4. 1157 Signs shall be one unit as opposed to individually mounted letters. 1158 5. 1159 Wall signs shall not have changeable copy. 1160 6. 1161 If illuminated, signs may be externally lighted and directed downward. 1162 7. 1163 Wall signs shall not cover architectural features or details and not extend 1164 beyond the roof line or outer edges of the building. 1165 8. 1166 Sign faces shall be made out of wood or other material which has the 1167 appearance of carved, distressed, or sandblasted wood as approved by the 1168 Director. 1169 d. 1170 Flags. 1171 1172 Each development may display no more than three flagpoles. Each flagpole is allowed one 1173 1174 flag. In non-residential districts, the flagpole shall not exceed the maximum allowed building height. In residential districts, the maximum height of the flagpole shall be 25 feet. 1175 The length of the flag shall not exceed 1/4 the length of the flag pole. The size of the flag 1176 shall be calculated accordingly. 1177 1178 (9) 1179 Mobile home park districts. Within mobile home park districts, standards for signs are as follows: Page 21 of 55 1208 1180 a. sign greater than four square feet. 1210 1181 Freestanding signs. Each development may post one banner, maximum 24 square feet, maximum 1182 1. 1213 to June 15th). A permit is not required. 1183 1184 There may be one freestanding sign per right-of-way frontage, and it shall be located at a project entrance. C. Flags. 1185 2. 1217 Each development may display no more than three flagpoles, and in addition, each single 1186 family detached residential lot within each development may display not more than one flag Maximum height shall be six feet from finished grade. and flagpole. Each flagpole is allowed one flag. In non-residential districts, the flagpole 1187 3. 1221 maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed 1/4 1188 the length of the flag pole. The size of the flag shall be calculated accordingly. The maximum size shall be 32 square feet. 1189 4. 1225 1190 (Ord. No. 09-04-40, art. 33,x, 4-27-2009) Signs shall not have changeable copy. 1191 5. 1192 Signs may be externally lighted. The light shall be screened from view with 1193 evergreen plantings as approved by the community development department 1194 director. 1195 6. 1196 The freestanding sign structure shall be constructed of the same material as 1197 the predominant material of the principal building. 1198 7. 1199 Sign faces shall be made out of wood or other material which has the 1200 appearance of carved, distressed, or sandblasted wood as approved by the 1201 Director, 1202 8. 1203 Each residence may display up to 12 square feet of signage with no single 1204 sign greater than four square feet. 1205 b. 1206 Other signage. 1207 1. 1208 Each development may display up to 12 square feet of signage with no single 1209 sign greater than four square feet. 1210 2. 1211 Each development may post one banner, maximum 24 square feet, maximum 1212 5 feet tall, for a maximum of 40 days, during graduation season (from May 1 st 1213 to June 15th). A permit is not required. 1214 1215 C. Flags. 1216 1217 Each development may display no more than three flagpoles, and in addition, each single 1218 family detached residential lot within each development may display not more than one flag 1219 and flagpole. Each flagpole is allowed one flag. In non-residential districts, the flagpole 1220 shall not exceed the maximum allowed building height. In residential districts, the 1221 maximum height of the flagpole shall be 25 feet. The length of the flag shall not exceed 1/4 1222 the length of the flag pole. The size of the flag shall be calculated accordingly. 1223 1224 1225 1226 (Ord. No. 09-04-40, art. 33,x, 4-27-2009) 1227 Secs. 64-2304-64-2322. - Reserved. 1228 1229 1230 1231 1232 Page 22 of 55 1233 1234 1235 11 Page 23 of 55 1236 1237 DIVISION 4. - OVERLAY DISTRICTS 1238 1239 Sec 64-2323 - This division takes precedence. 1240 Sec 64-2324 - State Route 9 Overlay District signs 1241 Sec 64-2325 - Crabapple Crossing Overlay District signs 1242 Sec 64-2326 - Birmingham Crossing overlay District signs 1243 1244 1245 Sec. 64-2323. - This division takes precedence. 1246 The standards and requirements of this division shall take precedence over citywide standards and 1247 requirements within the boundaries of the given overlay district. 1248 (Ord. No. 09-04-40, art. 33,E , 4-27-2009) 1249 Sec. 64-2324. - State Route 9 Overlay District signs. 1250 In the State Route 9 Overlay District the following signage standards shall apply 1251 (a) 1252 All freestanding signs shall be monuments with the width of the base equal to the width of the sign face. 1253 The structure and base should match the principal building materials. 1254 (b) 1255 Multi tenant developments are allowed one primary monument for the overall development which shall 1256 not exceed a maximum surface area of 48 square feet and a maximum height of 12 feet. 1257 (c) 1258 Multi tenant developments on corner lots are allowed an additional monument sign on the secondary 1259 street at the project entrance which shall not exceed a maximum surface area of 24 square feet and a 1260 maximum height of four feet. 1261 (d) 1262 For multi tenant retail, commercial, office, or institutional developments: 1263 1. Each tenant is allowed one, maximum 24 square foot banner, per the time limits stated in 1264 Section 64-2303. 1265 2. The banner shall be placed on the tenant's storefront or wall space. 1266 3. If building location renders installation on the wall not visible from the road, an administrative 1267 variance may be applied for to allow the banner to be installed on the ground. The variance 1268 shall condition the banner placement to a specific location on the development. 1269 i.) All ground mounted banners shall be installed on a PVC frame, or its equivalent 1270 ii.) If the banner is required to be placed behind a fence, the banner shall have a 1271 maximum height of 12 feet. 1272 4. No more than four ground mounted banners may be displayed in a zoned development at one 1273 time. 1274 1275 (e) 1276 Single tenant sites and outparcels are limited to one monument which shall not exceed a maximum 1277 surface area of 32 square feet and a maximum height of six feet. 1278 (f) 1279 Gas stations, convenience stores, discount warehouses and similar facilities that sell gasoline may have 1280 an additional 24 square feet of surface area and not to exceed six feet in height. 1281 (g) 1282 Two or more businesses that share a single tenant space are limited to one monument sign, which shall 1283 not exceed a maximum surface area of 32 square feet and a maximum height of six feet. 1284 (h) 1285 Monument signs shall be set back a minimum ten feet from the public right-of-way and shall be a 1286 minimum of 35 feet from any other identification monument. 1287 (i) 1288 Each place of business is allowed a maximum of two wall signs. 1289 (j) 1290 Wall signs shall face public streets and pedestrian parking areas. 1291 (k) Page 24 of 55 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 11341 (m) (n) Z (p) (q) Wall signs shall not exceed 100 square feet or five percent of the applicable wall area, whichever is less. The length of the sign shall not exceed ten times the height of the sign. The area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. Permanent and temporary signs in windows shall not exceed twenty percent of each window. No window signs are allowed in clerestory windows. In no case shall window signs exceed 10 percent of total wall area of the applicable elevation. 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. Notwithstanding the prohibitions contained in subsection (r) below, each commercial establishment shall be entitled to a maximum of two internally illuminated window signs. If the establishment has a single internally illuminated window sign, the sign may be a maximum of four square feet in size and may be neon or LED illumination. If the establishment has two internally illuminated window signs, neither sign may be larger than two square feet in size and only one may be neon or LED, while the second may be of other illumination. All internally illuminated window signs shall be positioned on the interior as a window sign, not more than ten feet from the floor, with at least one sign being not more than five feet from the main public entrance to the commercial establishment. None of the internally illuminated window signs may blink, flash, fluctuate or be animated in any way. Internally illuminated window sings may only be illuminated during the time the commercial establishment is open to the public for business. Any sign on or within 5 feet of a window is considered a window sign for purposes of application of this Section. 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. 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. The architectural color standards of the district apply only to the sign structure not to the sign face. See the following table. Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system Page 25 of 55 i 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1 White Reds 168C, 181C, 483C, 484C, 675C, 1685C, 4975C Browns, Beiges and Tans Red -Browns 462C to 468C; 1 154U, 1395 4625C to 4685C, 1405U 469C, 474C, 475C; 4695C to 4755C 478C, 719C to 724C 725C to 731C 476U to 482U 719U to 725U 726U to 732U (r) (s) (t) Page 26 of 55 The following types of signs are prohibited: (1) (2) 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)) Vehicles with lettering or graphics greater than two inches in height identifying or promoting a business or commercial activity shall not be parked or stored within 100 feet of the curb of any public right-of-way. This standard does not apply to vehicles used regularly for delivery, pick- ups, service calls, or transporting customers, except that such vehicles shall not be parked within 50 feet of the curb of any public right-of-way after hours if the vehicles are visible from the public right-of-way. Wall signs may be internally illuminated. Monument signs shall be externally illuminated. w a 1375 1376 Sec. 64-2325. - Crabapple Crossing Overlay District signs. ,1377 1378 In the Crabapple Crossroads Overlay District the following signage standards shall apply: (a) 1379 Freestanding signs. 1380 {1) 1381 All freestanding signs must meet the following standards: 1382 a. 1383 Signs shall not have changeable copy including, but not limited to, scrolling, rotating, 1384 flashing, and computerized changeable copy. Theatres, schools, churches, parks and 1385 gas stations may have changeable copy that is changed manually. 1386 b. 1387 If illumination is used, the sign shall be externally illuminated. The light shall be 1388 screened from view with evergreen plantings as approved by the community 1389 development department director. 1390 C. 1391 The sign structure shall be constructed of wood, brick or stone or a material which has 1392 the appearance of wood, brick, or stone as approved by the community development 1393 department director and to the extent possible shall be the same material as the 1394 predominant material of the principal building. 1395 d. 1396 The sign face and sign letters shall be made out of wood, a material which has the 1397 appearance of carved, distressed, or sandblasted wood or stone as approved by the 1398 community development department director. Plastic inserts are prohibited. 1399 e. 1400 The sign may be supported either on one side or on both sides (i.e., shingle sign). 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 Page 28 of 55 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 entrance. (b) Page 29 of 55 (2) For nonresidential multi tenant building and developments, freestanding signs must meet the following standards: The maximum height shall be eight feet from finished grade. The maximum size of the sign area shall be 32 square feet. There may be one sign per right-of-way frontage and it shall be located at a project For nonresidential single tenant buildings, freestanding signs must meet the following standards: Maximum height shall be six feet from finished grade. The maximum size of the sign area shall be 20 square feet. There may be one sign per right-of-way frontage, and it shall be located at a project entrance. For residential uses, freestanding signs must meet the following standards: a. Maximum height shall be six feet from finished grade. b. Each residential development may have a maximum of two, 12 square foot freestanding signs, which shall not exceed a total of 24 square feet, or one 16 square foot sign, per entrance. 1479 1463 Wall signs must meet the following standards: Businesses whose primary entrance faces an interior parking lot or courtyard may have an 1464 (1) 1482 of the applicable wall area. 1465 (7) Wall signs shall not have changeable copy. A business may have an additional sign perpendicular to the wall with a maximum sign area 1466 1467 (2) If illuminated, wall signs shall be externally illuminated and directed downward. 1468 (3) 1469 Wall sign shall not cover architectural features or details and not extend beyond the roof line. 1470 Wall signs can hang from the building. 1471 (4) 1472 Wall sign faces shall be made out of wood or other material which has the appearance of 1473 carved, distressed, or sandblasted wood as approved by the Director. 1474 (5) 1475 A business may have one wall sign. The sign can be flush against the wall or it can hang from 1476 the building. The size shall not exceed three percent of the applicable wall area. The area of the 1477 doors and spandrel glass panels are excluded from the calculation of the applicable sign area 1478 (6) 1479 Single tenant buildings and end units of multi tenant buildings may have an additional wall sign. 1480 Businesses whose primary entrance faces an interior parking lot or courtyard may have an 1481 additional wall sign. The maximum size for either of these signs shall not exceed three percent 1482 of the applicable wall area. 1483 (7) 1484 A business may have an additional sign perpendicular to the wall with a maximum sign area 1485 size of four square feet. 1486 1 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 1511 (c) Other signage (1) Page 30 of 55 Permanent and temporary signs in windows shall not exceed twenty percent of each window. No window signs are allowed in clerestory windows. In no case shall window signs exceed 10 percent of the total wall area of the applicable elevation. Notwithstanding the prohibitions contained in subsection (r) below, each commercial establishment shall be entitled to a maximum of two internally illuminated window signs. If the establishment has a single internally illuminated window sign, the sign may be a maximum of four square feet in size and may be neon or LED illumination. If the establishment has two internally illuminated window signs, neither sign may be larger than two square feet in size and only one may be neon or LED, while the second may be of other illumination. All internally illuminated window signs shall be position on the interior as a window sign, not more than ten feet from the floor, with at least one sign being not more than five feet from the main public entrance to the commercial establishment. None of the internally illuminated window signs may blink, flash, fluctuate or be animated in any way. Internally illuminated window signs may only be illuminated during the time the commercial establishment is open to the public for business. (2) A business may have one sandwich board sign. Sign shall be: a) single or double faced b) metal or wood framed (no plastic) c) black or green, chalkboard type face d) located per ADA compliance (minimum 36 inches from the building); no more than 10 feet from building I L - 1 1512 e) located so as not to impede pedestrian or vehicular traffic 1513 f) not placed in tree island or landscape strip 1514 g) maximum height of four feet, six square feet per panel 1515 h) brought inside at the close of business 1516 1517 (d) 1518 Sign structure colors. Permitted colors for Crabapple Crossroads sign structures shall be limited to those 1519 listed in the table below. 1520 Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 497 2C -7C 553 289C 5536 316C 539 401-405C 548 407-412C 5467 423C 5743U 424-425C 5747U 448-450C 5757U 4485U 5773U 4495C 5815U 451C 5835 4505C 625U 4515-4525C 627U 455C Warm Grey 5-7C 462U Warm Grey 8-11 464U 476U 478U 484C 4491C 1521 (e) 1522 The following types of signs are prohibited: 1523 1. monument 1524 2. pylon, pole, lollypop, projecting signs 1525 3. roof, marquee 1526 4. electronic or manual reader boards, changeable copy signs 1527 5. any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way animated 1528 6. portable, excluding sandwich signs 1529 7. posters, placards 1530 Page 31 of 55 1 1531 1532 1533 1534 1 A City of Millon Fnhom Co=y . C*ocpj MSI G— Cn1— 0—W nCO �nb 0000 6+ CRABAPPLE CROSSROADS OVERLAY DISTRICT MAP. (Ord. No. 09-04-40, art. 33, § 26.2, 4-27-2009) Page 32 of 55 1535 Sec. 64-2326. - Birmingham Crossing Overlay District signs. 1536 In the Birmingham Crossroads Overlay district, the following sign standards shall apply: 1537 (a) 1538 Freestanding signs. 1539 (1) 1540 All freestanding signs must meet the following standards: 1541 a. 1542 Signs shall not have changeable copy, including scrolling, rotating, flashing, and 1543 computerized changeable copy. 1544 b. 1545 If illumination is used, the sign shall be externally illuminated. The light shall be 1546 directed downwards. 1547 C. 1548 The sign structure shall be constructed of wood, brick or stone and to the extent 1549 possible, shall be the same material as the predominant material of the principal 1550 building. 1551 d. 1552 The sign face shall be made out of wood, a material which has the appearance of 1553 carved, distressed, or sandblasted wood, or stone, as approved by the Director. Plastic 1554 inserts are prohibited. 1555 e. 1556 The sign may be supported either on one side or on both sides (i.e., shingle sign). 1557 (2) 1558 For nonresidential multi tenant building and developments, freestanding signs must meet the 1559 following standards: 1 1560 1561 1562 1563 1564 1565 1566 11167 1568 (3) 1569 1570 1571 1572 1573 Page 33 of 55 a. L:7 The maximum height shall be eight feet from finished grade. The maximum size of the sign area shall be 32 square feet. C. There may be one freestanding sign per right-of-way frontage. For nonresidential single tenant buildings, freestanding signs must meet the following standards: a. b. Maximum height shall be six feet from finished grade. 1574 1575 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600 11601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 1613 1614 1615 1616 1617 1618 (b) (c) Page 34 of 55 (4) C. The maximum size of the sign area shall be 20 square feet. There may be one freestanding sign per right-of-way frontage. For residential uses, freestanding signs must meet the following standards: a. 7.1 C. Maximum height shall be six feet from finished grade. The maximum size shall be 16 square feet. Each residential development may have a maximum of one sign per entrance. Wall signs. (1) Wall signs shall not have changeable copy. (2) (3) (4) (5) (6) (7) (7) If illuminated, wall signs shall be externally illuminated, with the lighting directed downward. Wall sign shall not cover architectural features or details and not extend beyond the roof line. 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. A business may have one wall sign. The sign can be flush against the wall or it can hang from the building. The size shall not exceed three percent of the applicable wall area. The area of the doors and spandrel glass panels are excluded from the calculation of the applicable sign area. Single tenant buildings and end units of multi tenant buildings may have an additional wall sign. Businesses whose primary entrance faces an interior parking lot or courtyard may have an additional wall sign. The maximum size for either of these signs shall not exceed three percent of the applicable wall area. A business may have an additional sign, perpendicular to the wall, with a maximum sign area size of four square feet. A portion of the wall sign can be placed on an overhang or a canopy. Other signage 1 1619 1620 1621 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 1640 1641 1642 1643 1644 1645 1646 1647 1648 1649 1650 1651 1652 1653 [a (1) Permanent and temporary signs in windows shall not exceed twenty percent of each window, and shall not block visibility from outside the store. No window signs are allowed in clerestory windows. In no case shall window signs exceed 10 percent of the total wall area of the applicable elevation. Internally illuminated window signs are prohibited. (2) A business may have one sandwich board sign. Sign shall be: a) single or double faced b) metal or wood framed (no plastic) c) black or green, chalkboard type d) location shall be ADA compliant (minimum 36 inches from the building); no more than 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 Sign structure colors. Permitted colors for Birmingham Crossroads sign structures are limited to those listed below. Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 4975 2C -7C 553 289C 5363 3316 539 401-405C 548 407-412C 5467 412C 5743U 415-419C 5747U 423C 5757U 424-425C 5773U 448-450C 5815U 4485U 5835U 4495C 625U 451C 627U 4505C Warm Grey 5-7C 4515-4525C Warm Grey 8-11 455C 462U 464U 476U 478U 484C 491C (e) Page 35 of 55 The following types of signs are prohibited: 1. pylon, pole, lollypop, projecting signs 2. monument signs 3. roof, marquee signs 4. electronic or manual reader boards, changeable copy signs 5. any sign that rotates, flashes, blinks, scrolls, fluctuates, or is in any other way animated 6. portable signs, excluding sandwich signs 7. posters, placards 1 1654 1655 1656 1657 8. internally illuminated wall signs City of Milton Frdtou Cotmty. Georea .y - State FNry - Street Birmingham Crossroads Overlay District Northwest Fulton Overtay OParcel C City Lmts Bimrnghsrn Crossroads overlay Dlstrct �_16 J77 BIRMINGHAM CROSSROADS OVERLAY DISTRICT MAP. 1658 (Ord. No. 09-04-40, art. 33, § 26.3, 4-27-2009) 1659 DIVISION 5. — OTHER SIGN REQUIREMENTS 1660 Sec. 64-2327.- Master Signage Plan. 1661 1662 Sec. 64-2327 — Master Signage Plan 1663 a. Purpose 1664 1665 1. A Master Signage Plan is an administrative permit which establishes standards (size, design, location, etc.) for all 1666 exterior signs associated with a multi tenant or multi building development. The master signage plan shall ensure 1667 long term aesthetic compatibility of signage throughout the development. The requirement of this Section shall be 1668 in addition to the Overlay signage requirements of the City of Milton. In the event of any conflict between this 1669 Section and the Overlay signage requirements, this Section shall prevail. 1670 1671 2. The goal of a Master Signage Plan is to 1672 a) Adequately and effectively communicate business identity and type to the public; 1673 b) Promote consistency among signs within a development, thus creating visual harmony between signs, 1674 buildings, landscaping and other components of the property; 1675 C) Enhance the compatibility of signs with the architectural and site design features within a development; 1676 d) Encourage signage that is in character with planned and existing uses, thus creating a unique sense of place; 1677 e) Protect the community from sign clutter and visual blight resulting from excessive and redundant signs. 1678 1679 b. Applicability Page 36 of 55 1680 1. A Master Signage Plan is required for all new developments and newly zoned multiple tenant, commercial 1681 buildings, all multi building or multi occupant commercial or office developments, all mixed use developments, 1682 single family and multifamily developments. 1683 1724 h) Photos of property as it appears from the street; 1725 i) Any other information reasonably required by the Director. 1726 1727 e. Design Guidelines 1728 Page 37 of 55 1684 c. Approval Authority 1685 1. A Master Signage Plan for a property that is undeveloped and does not require rezoning, shall be reviewed by the 1686 City of Milton Department of Community Development as part of the site plan review process, and must be approved 1687 by the Director. If the property requires rezoning or a use permit, it shall be reviewed as part of the rezoning/use 1688 permits process, and must be approved by the Mayor and City Council. 1689 A separate sign permit will be required for all non exempt signs (as indicated in the City of Milton sign ordinance). 1690 2. The Master Signage Plan shall utilize the types of signs described in this section to create a harmonious, consistent 1691 system of signage that improves the public safety within the development. 1692 1693 d. Application requirements 1694 A master signage plan application shall be a written and/or illustrated document to depict the proposed signs, 1695 which shall include the following: 1696 a) Proposed sign palette, which may include: 1697 1) Entryway signs 1698 2) Primary multi tenant freestanding signs 1699 3) Secondary multi tenant freestanding signs 1700 4) Single tenant/outparcel freestanding signs 1701 5) Office/industrial park project freestanding sign 1702 6) Residential development freestanding signs 1703 7) Secondary residential development freestanding signs 1704 8) Tenant directory freestanding signs 1705 9) Tenant directory wall signs 1706 10) Directional freestanding signs 1707 11) Temporary standard informational signs 1708 12) Real estate signs 1709 13) Temporary banners 1710 14) Signs during construction 1711 15) Wall signs 1712 16) Shingle/blade signs 1713 17) Window signs/graphics 1714 18) Awning/canopy signs 1715 19) Tenant informational signs 1716 b) Site plan, drawn to scale, of the entire development/area showing the location of all proposed signs included in 1717 the sign palette; 1718 c) Size and number of all proposed signs, including maximum area, letter height, number height, etc.; 1719 d) Color and style palette for all signs, including context of where signs are to be placed on any given facade; 1720 e) Type of illumination proposed (external, internal, etc.); 1721 f) Landscaping and/or ornamental structures including fences, fountains, public art, ground cover and other 1722 landscaping elements that are intended to complement the proposed sign palette and design; 1723 g) Site location map; 1724 h) Photos of property as it appears from the street; 1725 i) Any other information reasonably required by the Director. 1726 1727 e. Design Guidelines 1728 Page 37 of 55 1729 1730 1731 1732 1733 1734 1735 1736 1737 1738 1739 1740 1741 1742 1743 11744 1745 1746 1747 1748 1749 1. The following sign design guidelines are designed to help ensure quality signs that communicate their message in a clear fashion. Because not all design criteria may be workable or appropriate for each sign or project, the Director or Mayor and City Council may allow deviation from the design guidelines in their application to specific signs or projects, where the proposed Master Signage Plan creates a harmonious, consistent system of signage that improves the public safety within the development. The following subsections provide examples of acceptable forms of signage. Pictures are not to scale. 2. Signs by type: a) Entryway signs. Entryway signs mean ground signs which are placed on the perimeter of a mixed use development, community or area. Such signs may flank both sides of the entrance and may include ground or landscape wall sign types. An entryway sign may identify the name of the community and/or interior businesses or communities. ci�csiexo WELCOME A. TO d� KINCSLAND b) Primary multi tenant freestanding signs. Primary multi tenant freestanding signs means freestanding signs located on a multi tenant site, and which are orientated to be visible from the road. Primary multi tenant freestanding signs may provide formal identification of the entire project to arterial traffic. Page 38 of 55 but Waring -'SOIITI rr13CMNO A20T -.r:•Sn7t7IOD� spa 1 � 1 2065 ,� Alpine Professional Center ! _ On Irnr BuoklxYping Chau Truong. D.D.S y & Tax Srn,iLc Family Dansuy Frida Family E.rra+.*IOZq- Chiropractic xrwyw,my107u cam fi[yta, Oak a`•r.+r The Back Stow juk-doOluico.1XIS M. — 1 1752 1753 1754 1755 1756 1757 1758 1759 1760 1761 1762 1763 1764 1765 1766 1767 1768 1769 1770 1771 c) Secondary multi tenant freestanding signs. Secondary multi tenant freestanding signs means freestanding signs located on a corner lot, on a multi tenant site, and which are orientated to be visible from the road. Secondary multi tenant freestanding signs may provide formal identification of the entire project or one or some of the project's tenants. d) Single tenant/outparcel freestanding signs. Single tenant/outparcel freestanding signs means signs located on single tenant sites and outparcels, and which are orientated to be visible from the road. Single tenant/outparcel freestanding signs may provide formal identification of the business located on the site. 5727 Samia W. Borchers, DER TOL e) Office /industrial park project identification freestanding signs. Office/industrial park project identification freestanding signs means freestanding signs which are located at the entrance to a platted office or industrial Page 40 of 55 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1 park. Office/industrial park project identification freestanding signs may identify the platted name of the office or industrial park. A 1. Page 41 of 55 1790 1791 1792 1793 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 11104 1805 1806 1807 1808 1809 f) Residential development freestanding signs. Residential development freestanding signs means freestanding signs located at the entrance to a residential development. Residential development freestanding signs may identify the name of a single family, townhome or apartment development. g) Secondary residential development freestanding signs. Secondary residential development freestanding signs means pillar type freestanding signs which are located at different phases within a residential development, or at the entrance to an amenity area within a residential development. A secondary Page 42 of 55 1810 residential development freestanding sign may indicate the name of the phase or unit within a single 1811 family or townhome residential development. 1812 1 1813 1814 1815 1 Page 43 of 55 1816 1817 1818 h) Tenant directory freestanding signs. Tenant directory freestanding signs means ground signs which are 11819 placed internal to the development or community, and cannot be read from the right of way. They may provide 1820 a listing of the names of businesses, activities, addresses, locations, uses or places within a building or 1821 complex of buildings for the purpose of identification. 1 1822 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 Tenant directory wall signs. Tenant directory wall signs means signs which are placed internal to the development or community, and are not intended to be read from the right of way. These signs may provide a listing of the names of businesses, activities, addresses, locations, uses or places within a building or complex of buildings for the purpose of identification. Tenant directory wall signs shall have a maximum size of 12 square feet. j) Directional freestanding signs. Directional freestanding signs means signs used at driveways to improve public safety and to enhance public access to the site from public streets. These signs may be used to direct pedestrian or vehicular traffic on a parcel. If lighted, directional freestanding signs shall be externally illuminated. These signs shall have a maximum height of three (3) feet. Page 44 of 55 1 1839 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 1851 1852 1853 1854 k) Temporary standard informational signs. Temporary standard informational signs means signs located on private property, with an area of not greater than four square feet, with a sign face made for short-term use, containing no reflecting elements, flags, or projections and which, when erect, stands at a height not greater than five feet and are mounted on a stake or metal frame with a thickness or diameter not greater than 1'/z inches. There shall be no more than 3 temporary standard informational signs per residential lot, and no more than one per commercial lot. Welch's Landscaping I '1 -4540576 1) Sandwich boards. Sandwich boards means A- frame signs with a black or green chalkboard type face, with a wood frame. The maximum height of sandwich boards shall be four feet, with a maximum sign face of six square feet per panel. Page 45 of 55 1 1855 1856 1857 1858 r— I 1 Page 46 of 55 1859 1860 m) Temporary freestanding signs. Temporary freestanding signs means signs which are erected while a tenant 1861 space, building or vacant lot is currently for sale, lease or rent. A property or space for sale or lease is allowed 1862 one temporary freestanding sign per road frontage. On major roads, as defined in Section 64-2303, temporary 1863 freestanding signs are allowed to be a maximum of nine square feet in size, while such signs are allowed to be 1864 a maximum of six square feet in size on all other roads. Temporary freestanding signss shall have a maximum 1865 height of nine feet. 1866 1 1867 1868 1869 1870 1871 1872 1873 1874 1875 1876 LO.TAAL f AVAILABLE NOW Michael Forina AVAILABLE MOyr Aichad Santiago Sciupac Santiago Sckga� 213.427.6800 213.4276800 n) Temporary banners. Temporary banners means signs, other than flags, with or without characters, letters, illustrations or ornamentation applied to cloth, paper, vinyl or fabric that are intended to be hung either with a frame or without a frame. Neither flags nor canopy signs are considered banners. (Canopy signs are counted toward wall signage). Page 47 of 55 1877 1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 o) Signs during construction. Signs during construction means temporary, freestanding signs that shall be allowed beginning with the commencement of construction and ending with the issuance of the last Certificate of Occupancy, or two years, whichever one shall first occur. Thereafter, the permittee may reapply for a renewal permit subject to same termination conditions as above. If lighted, the sign shall be externally illuminated. Signs during construction are allowed to be a maximum of 12 square feet, with a maximum height of five feet. Page 48 of 55 $252 ...w..... 1893 1894 1895 p) Wall signs. Wall signs means any signs attached parallel to a wall, painted on the wall surface or erected and 1896 confined within the limits of an outside wall of any building or structure, which is supported by such wall or 1897 building and which displays only one sign surface. Wall signs shall be flush with the wall, building, or structure 1898 to which it is mounted or affixed, except as otherwise set forth herein. 1899 1900 1901 1902 1 1903 1 Page 49 of 55 1 11 1904 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 q) Shingle /blade signs. Shingle/blade signs means signs suspended from a roof overhang of a covered porch or walkway or attached to a building wall fascia, which may, for example, identify the tenant of the adjacent space. These signs shall be installed perpendicular to the wall. r) Window signs/graphics. Window sign/graphics means any sign, cut-out letters, painted text or graphics, window film, or other text or visual presentation that is affixed to the interior or exterior of the window or window panes, or within five feet of the interior of the window or window panes and is visible from the exterior of the structure. s) Awning/canopy signs. Awning/canopy signs means any sign that is a part of, or attached to, an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. The term "awning/canopy sign" does not include a marquee. Awning/canopy signs may Page 50 of 55 1 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 1940 be substituted for monument or wall signs. If substituted, they shall be included in the maximum size calculations. t) Tenant informational signs. Tenant informational signs means wall or ground signs intended primarily for the convenience of the public or to ensure the orderly operation of the site, that may include, for example, signs designating restrooms, address numbers, public telephone and instructions regarding parking. Each tenant informational sign shall be a maximum of 12 square feet, with no single sign greater than four square feet. 1111110! Nall F CIIA✓IiElt F 1��1 ►OST OiFMX F NIGHT PARKING RESTRICTION I HOUR UNT 2 -AM to 6M — it NO P"Uu a "MI; SNOW ELER"NCY FASTE-H-YOUR SEAT BELTS - u) PROHIBITED SIGNS The following types of signs are prohibited in the Master signage plan: Page 51 of 55 1942 Moving signs, sandwich boards and signs applied directly to sidewalk or curb, balloons, 1943 streamers or air or gas filled figures and other similar temporary signs (except where specifically 1944 allowed). 1945 (2) 1946 Beacons, search lights, laser lights or images (except where specifically allowed). 1947 (3) 1948 Audible signs. 1949 (4) 1950 Signs in right-of-way, other than those belonging to a government, public service agency, or 1951 (15) railroad. 1952 (5) Signs attached to or painted on natural objects. 1953 (16) Signs mounted on a utility pole, water tower or other similar structure, architectural features, 1954 traffic signal or traffic control box and cell towers. 1955 (6) 1956 Roof signs, Marquee signs 1957 (7) and -2325, c. 1958 Portable signs, except that signs posted in the window of a vehicle, totaling one square foot, 1959 (18) shall be permitted, unless the vehicle is parked within a nonresidential district or AG -1 1960 (Agricultural) developed with a nonresidential use, with the intent to sell that vehicle. 1961 (8) 1962 Obscene signs. 1963 (9) 1964 Illegal activity signs. 1965 (10) 1966 Signs not maintained. 1967 (11) 1968 Animated signs, flashing signs, rotating signs, and changeable copy signs. 1969 (12) 1970 Imitation traffic signs. 1971 (13) 1972 Graffiti. 1973 (14) 1974 Sign kiosks. 1975 (15) 1976 Signs attached to or painted on natural objects. 1977 (16) 1978 Temporary signs and banners attached to fences or walls (except where specifically allowed). 1979 (17) 1980 Internally illuminated window signs, including neon, except as allowed in Sections 64-2324, n 1981 and -2325, c. 1982 1983 (18) Signs in landscape strip unless approved by the City Arborist. 1984 1985 1 1986 1 1987 1 1988 11989 DIVISION 6: VIOLATIONS AND PENALTIES 1990 Sec. 64-2329. — Violations; penalties. 1991 1. Noncompliance 1992 No person shall erect or allow to be erected on any premises owned or controlled by that person any, 1993 sign which does not comply with the standards of this article.) Page 52 of 55 1994 1995 Dangerous or defective condition 2010 1996 No person shall maintain or allow to be maintained on any premises owned or controlled b tha more of the following remedies: suspension of the sign permit in accordance with Section 2330.a, 1997an 1998 sign erson which is in a dangerous or defective condition. Any such p y g ch sign shall be removed or, repaired_ _Py the permittee of the sign, the owner of the premises, or as otherwise provided for in this 2013 1999 article. accordance with Section 2330.e and removal of the sign in -accordance with Section 2330.f 2000 of facts suggesting that a permit was issued in error, the director shall suspend the permit and give 2001 3. Separate violation. 2002 Each sign installed, created, erected or maintained in violation of this article, and any sign allowed ti 2003 be so installed, created, erected or maintained, shall be considered a separate violation when 2004 applying the penalty portions herein. 2005 2006 4. Public nuisance. 2007 Any violation of this article is hereby declared to be a public nuisance. 2008 2009 5. Penalties 2010 In the event of a violation of any violation of this article, the city shall be entitled to pursue any one o 2011 more of the following remedies: suspension of the sign permit in accordance with Section 2330.a, 2012 revocation of the sign permit in accordance with Section 2330.b, termination of the sign permit in 2013 accordance with Section 2330.c, citation in accordance with Section 2330.d, injunctive relief in 2014 accordance with Section 2330.e and removal of the sign in -accordance with Section 2330.f 2015 of facts suggesting that a permit was issued in error, the director shall suspend the permit and give 2016 Sec. 64-2330. - Suspension; Revocation, Termination, Citation, Removal. 2025 (2) 2026 No work shall be performed pursuant to any sign permit while such permit is suspended. 2027 (3) 2028 If no appeal is filed within 3t) days from the date of the notice, the permit shall be deemed revoked. 2029 (4) 2030 Notwithstanding any provisions in the zoning ordinance to the contrary, if a final decision on an appeal 2031 of a sign permit suspension decision is not rendered within 60 days after the filing of a completed 2032 application for appeal of the decision to suspend the sign ermit, the decision to suspend the permit 2033 ssha_ll be deemed reversed and the sign permit shall be reinstated upon request of the applicant. 2034 2035 2036 2037 2038 b Revocation 2039 (1) 2040 a. 2041 2017 j(a) Suspension the sign permit was issued pursuant to an application containing a false material statement or 2043 1® 12011 2019 rf a sign permit was issued by the City in error, the permit is void ab initio. Immediately upon discovery A revocation pursuant to this subsection shall be appealable pursuant to the procedures forfor -appeals 2020 of facts suggesting that a permit was issued in error, the director shall suspend the permit and give 2021 notice to the permittee of the suspension. The notice shall advise the permittee of the determination 2022 that the permit was issued in error, the permit has been suspended, the reason(s) for the suspension, 2023 and that the permittee shall have 30 days to appeal the determination that the permit was issued in 2024 error pursuant to the procedures for appeals of administrative decisions. 2025 (2) 2026 No work shall be performed pursuant to any sign permit while such permit is suspended. 2027 (3) 2028 If no appeal is filed within 3t) days from the date of the notice, the permit shall be deemed revoked. 2029 (4) 2030 Notwithstanding any provisions in the zoning ordinance to the contrary, if a final decision on an appeal 2031 of a sign permit suspension decision is not rendered within 60 days after the filing of a completed 2032 application for appeal of the decision to suspend the sign ermit, the decision to suspend the permit 2033 ssha_ll be deemed reversed and the sign permit shall be reinstated upon request of the applicant. 2034 2035 2036 2037 2038 b Revocation 2039 (1) 2040 a. 2041 Prior to the initiation of work pursuant to a sign permit issued by the city, should it be determined that! 2042 the sign permit was issued pursuant to an application containing a false material statement or 2043 omission, the director shall revoke said permit and the subject_sign shall not be entitled to be erect 2044 b. 2045 A revocation pursuant to this subsection shall be appealable pursuant to the procedures forfor -appeals 2046 of administrative decisions outlined in this zoning ordinance. Notwithstanding any provisions in the Page 53 of 55 2079 2047 zoning ordinance to the contrary, if a final decision on an appeal of a sign permit revocation decision If any sign or other device covered by this article is found to be in violation of this article after a public 2048 is not rendered within 60 days after the filing of a completed application for appeal of the decision to 2082 2049 revoke the sign permit, the decision to revoke the permit shall be deemed reversed and the sign the sign owner cannot be found or cannot be determined, then to the sign erector and any party that 2050 permit shall be reinstated upon request of thea applicant. 2085 2051 2086 2. 2052 0211 2088 2053 fter the initiation of work pursuant to a sign permit issued by the city, should it be determined that the be removed the sign and collect the costs therefore from the permit holder, the owner of the sign, the 2054 sign permit was issued pursuant to an application containing a false material statement or omission, the 2091 2055 director shall issue a stop work order on the erection of the sign and submit a recommendation to the 2056 Mayor and Ci Council that the permit be revoked. The Mayor and City Council shall then conduct a 2057 revocation hearing in accordance with Section 2332, below. -- — 2058 2059c Termination 2060 2061 e violation of any provision of this article once initiation of work pursuant to a sign permit issued by the 2062 has bejgun shall be grounds for termination of thee�rm t._No permit shall be terminated and until 2063 Ofter the permittee is granted a public hearing as set forth in Section 2332 below., 2064 2065 d Citation 2066 If any sign or other device covered by this article is erected, constructed, altered, converted or used in 2067 violation of any provision of this article, the director may issue a citation. Any violation of this article 2068 shall be an offense, and the violator shall be subject to a fine of up to $1,000.00 per day or 2069 imprisonment for up to 60 days, or by both such fine and imprisonment. The citation shall be 2070 prosecuted subs to the same procedures established for violations of this zoning ordinance. -- - -- ------ _ _ 2071 2072 {e�lnjunction 2073 If any sign or other device covered by this article is found to be in violation of this article after a p— u�blic hearing conducted in accordance with Section 2332, below, the city may seek an injunction against 12074 2075 the continuing violation or take other appropriate action to prevent such unlawful erection, 2076 construction, alteration, conversion or use to correct or abate such violation. _----- - 2077 2078 (f) Removal 2079 1. 2080 If any sign or other device covered by this article is found to be in violation of this article after a public 2081 hearing conducted in accordance with Section 2332, below, the city may order the removal of the sign 2082 by written notice to the permit holder; or if there is no permit holder, then to the owner of the sign, or if 2083 the sign owner cannot be found or cannot be determined, then to the sign erector and any party that 2084 procured the erection of the sign. If a permit has been issued, such notice shall operate to revoke the 2085 permit. 2086 2. 2087 Procedure following removal order. If the sign is not removed within the time allowable pursuant to 2088 the city's written notice ordering removal pursuant to Section 2331 the City may remove or cause to 2089 be removed the sign and collect the costs therefore from the permit holder, the owner of the sign, the 2090 sign erector, any party that procured the erections of the sign, or the owner of the property on which 2091 the sign is located. 2092 2093 Sec. 64-2331.Notice 2094 The Director shall give the holder of a sign permit at least 14 calendar day's written notice of any 2095 public hearing with respect to the termination of the sign permit, unless the urgency of the particular 2096 situation resulting in the hearing and the practical considerations of completing measures to comport 2097 with the standards of this article reasonably justify less notice in order to protect the public health 1 2098 safety and welfare. The notice shall include the date of the hearing; the violations alleged to hav_� 2099 occurred that will be the subject of the public hearing, and the relief to be considered by the city 2100 council. The notice shall advise the permittee of the time and place of the hearing, their right to 2101 appear at the hearing and to contest the violation and proposed relief. 2102 Page 54 of 55 2103 Sec.64-2332- Hearing 2104 Upon notification by the director of a sign or other device covered by this article being in violation of 2105 this article, the city council shall schedule a public hearing at its next available regular meeting whereby the holder of the sign permit for the sign or device that is in violation can receive notice in 12106 2107 compliance with section C, above. At the public hearing the council shall consider whether to 2108 terminate the permit and require such other relief as may be necessary to protect the public health, 2109safe , and welfare. The hearing shall be conducted in accordance with the minimum requirements 2110 for public hearings as set forth in the Georgia Zoning Procedures Law_(O_C.G.A. §_36-66-1, et seq.). 2111 (Ord. No. 09-04-40, art. 33, § 12, 4-27-2009) 2112 2113 1 1 Page 55 of 55