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03032003 March 3, 2003 Attachments March 3. 2003 /~ A. MAX BACON, MAYOR ~~~~ CH RLES PET WOOD, WARD 7 12 ~ ~f2T;&j;6 / '" , \ I ) / ~----::J ON ,J l.,JJ~// RON NEWCOMB, WARD 2 ~#J.~ /JAMES M. HA WKINS, WARD 4 ..... .... ""'-.,- r ,- RESOLUTION The City of Smyrna Emergency Management Agency has developed, in partnership with local government and community agencies/organizations which have primary responsibility for emergency support functions, an approved emergency management plan. A copy of this plan and/or major revisions are being submitted to the Georgia Emergency Management Agency by the local Emergency Management Agency Director, in coordination with the undersigned local government officials or legally appointed successors. It is ,understood that the Georgia Emergency Management Agency will review this plan for compliance with all federal and state requirements. As authorized local government officials, we understand and agree to the requirements of the Georgia Emergency Management Act of 1981, as amended, /~ date r' ,< 1"/~ j P3-tJ3-o "3 date ~ 8$/ u/~()1'o3-03 Pete Wood, Ward 7 date A~st: __ vi ~ ~ D. /~) Susan D. Hiott, City Clerk date J All applicable elected local government officials to include the Chairperson of the County Commission, Mayar(s) of Municipalities, and/or Chief Executive Officer for the jurisdictian(s) should sign this resolution. -' :;~~ .' '. '\ , ;-.. '.... , " - ' .. ^ - '" .: ~~.. ..-. : ...-: .... - .~ i . ....... ... .....:7;::-...__~,.. ..-. .-....l~~ "':. ~ ~'":"- . ':':,~-:- - .' _.' - ORDINANCE NO. 2003-12 AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, CITY OF SMYRNA, GEORGIA, BE AMENDED BY ADDING TO SECTION 1303 OF SAID CODE: NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL FOR THE CITY OF SMYRNA, and it is hereby ordained and established by said authority, and the Mayor and council hereby adopt he following Ordinance: Section 1303. Grading permit required; request for variances. The first paragraph is hereby amended by deleting therefrom the following: "No grading or other alteration of the land shall commence without a grading permit issued by the building inspector, A grading permit shall be issued only if the proposed development is in conformity with the provisions of this ordinance," and substituting therefore the following: - No grading or other alteration of the land shall commence without a grading permit issued by the building inspector. A site development plan shall be submitted prior to the issuance of any grading permit. This site development plan shall contain at a minimum the following components: a grading plan, erosion and sedimentation control plan, tree preservation plan, future building locations, parking layout and storm drainage design. A grading permit shall be issued only if the proposed development is in conformity with the provisions of this ordinance and the Tree Protection Ordinance. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this Ordinance. Severability. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City ofSmyma, Georgia on this 3rd day of March, 2003. /~ A. Max Bacon, Mayor - Attest: c;J~/Y1 )0. ~ Susan D. Hiott, CMC .... Ordinance 2003-11 ~ AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 82 - SIGNS, BE AMENDED BY REMOVING SECTIONS 82-1 THROUGH 82-18 IN THEIR ENTIRETY AND REPLACING WITH 82-1,82-2,82-3, 82-4, 82-5,82-6,82-7,82-8,82-9,82-10,82-11, 82-12,82-13,82-14,82- 15,82-16,82-17,82-18, AND 82-19. Sec. 82-1. Findings and Purpose. (a) In order to protect the public safety, including traffic safety, to assure aesthetic harmony and compatibility of signs with surrounding land uses, to enhance the business and economy of the city, to protect the public investment in streets and highways, to maintain the tranquil environment of residential areas, to promote industry and commerce, and to provide for orderly and reasonable display of advertising for the benefit of all its citizens, the governing authority finds that the improper control of signs would be detrimental to the common goals of the city. The governing authority thus determines that the public health, safety and welfare require the adoption of this article. (b) The governing authority finds that signs and advertising are proper and necessary ,~ uses of private property and can constitute a legitimate business entitled to the protection of the law. A sign by its very nature is designed to draw an individual's attention to that sign. This characteristic makes signs a valuable medium of communication; however, this same characteristic can distract motorists and pedestrians, thus creating traffic hazards. (c) The governing authority further finds that the clutter created by an excess in number, size and height of signs creates a distraction to travelers and negatively impacts the general appearance of an area. Signs may lessen the aesthetic qualities of an area and may intrude upon the residential character of an area, as well as property values. (d) The governing authority further finds that signs and advertising should be reasonably regulated in the interest of traffic safety, aesthetics and public welfare by the establishment of standards for the location, size, illumination, number, construction and maintenance of all signs and advertising structures in the city and to ensure that they are structurally safe and sound. - (e) The governing authority recognizes that the City of Roswell and the City of Smyrna share in common many of the same characteristics. Both are located within the Atlanta Metropolitan area, and face the same challenges concerning traffic safety and aesthetics, Because of this, the governing authority looks to and incorporates the study conducted by the City of Roswell entitled The Public Purposes of Roswell's Sign Ordinance and the implications of doing without it, a position paper prepared by Jerry Weitz, Ph.D., AICP, Planning Director, as support for the governing authority's regulation 1 Ordinance 2003-11 and control of signs within the City of Smyrna. In addition to other evidence provided at the adoption of ordinance. ~ Sec. 82-2. Definitions. For the purposes of this article, the following terms shall have the respective meanings ascribed to them: Banner sign means a strip of cloth, paper, canvas, or similar material, on which a message, slogan or emblem is painted, drawn or otherwise projected, colored or shaped with only such material for a backing for the purpose of advertising or drawing attention to a product, object, facility, activity or idea, Clock sign means any timepiece erected outside of any building for the purpose of advertising the business on the premises on which it is located. Code Enforcement Officer means a code enforcement officer employed by the governing authority for the City of Smyrna or his/her designee duly authorized to enforce the Sign Ordinance. Commercial message means any message that promotes a business or attempts to generate good will for a business; any message that advertises a product or service for sale; and any message that proposes a commercial transaction. Any sign containing any commercial message shall be regulated as a commercial sign. - Community Development Department means the Community Development Department or its employees employed by the governing authority for the City of Smyrna or its designees duly authorized to administer and enforce the Sign Ordinance. Community medical facility means a hospital or mental-health facility with one (1) or more buildings comprising a minimum of forty-thousand (40,000) square feet of covered floor space. Fascia sign means a vertical sign attached to the front of the building that is below the top edge of a sloping roof and that extends not more than eighteen (18) inches above the lower edge of the sloping roof. Ground based monument sign means a sign securely affixed to a substantial support structure which contains a permanent foundation which consists of a 3' high brick monument base attached to the ground and wholly independent of any building for support. Such sign is not a pole based sign. Hanging sign means a sign attached to and supported by a building or other structure and which extends at any angle there from. Such signs must be located a minimum of 10' above the sidewalk and extend no further than 2' beyond the buildingface. - 2 Ordinance 2003-11 ~ Illuminated sign means a sign designed to give forth artificial light directly or through translucent material from a source of light within such sign or a sign illuminated by an extemallight directed primarily toward such sign and so shielded that no direct rays from the light are visible elsewhere other than on the lot where such illumination occurs. Instructional sign means a sign used to give direction or specific instruction to the public such as, but not limited to, "Center," "Exit," "No Parking," "Drive Through," "Restroom," and so forth. Such signs shall contain only instructional information and shall not contain a commercial message. Nonconforming sign means any sign which does not conform to the provisions of this article. On-premises advertising sign means a sign containing a commercial message for the purpose of promoting, advertising, or selling a product or service obtainable on the premises where the sign is located, r- Permanent foundation means that portion of any sign structure that is attached to the ground or other structure attached to the ground through the use of concrete footings or other man-made material that is not capable of being removed without the aid of mechanical or other machinery. Planned industrial park means two (2) or more industrial or office buildings containing a minimum of forty-thousand (40,000) square feet of covered floor space under either common ownership or common control via a property management association. Planned shopping development means two (2) or more stores or office spaces containing a minimum of twenty-thousand (20,000) square feet of covered floor space on the same undivided lot. Pole sign means a sign with a permanent foundation where the sign face is supported on a pole, poles (or other sign structure) and the area beneath the sign face in a direct vertical plane from the sign face to the ground is exposed to view, open, or allows for someone to see through any of the space beneath the sign face. Projecting sign means any sign which is attached to a building or other structure and extends more than six (6) inches beyond the line of the building or structure or beyond the surface of that portion of the building or structure to which it is attached. Real estate sign means a sign erected by the owner, or the owner's agent, advertising the real property upon which the sign is located for rent, lease or for sale and the total area of each sign face shall be no larger than 4 square feet. Such signs shall contain the words - "for sale", or "for lease", or "for rent", and the name of the owners or owner's agent, and the owner or the agent's telephone number for purposes of contact. Information specific to 3 Ordinance 2003-11 the property may also be displayed including, but not limited to, the number of rooms, baths, basement, fixtures, garage, and school district. - Sandwich sign means a movable sign not secured or attached to the ground. Security identification sign means a sign indicating that a security system is located on the premIses. Sign means any letter, figure, character, mark, plane, point, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter or illuminated service, which shall be so constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever, so that the same shall be used for notification or the attraction of the public to any place, subject, information, person, firm, corporation, public performance, article, machine or merchandise whatsoever which is displayed in any manner whatsoever whether outdoors or indoors in such a manner as to be visible from any sidewalk, public street, or right-of-way. Sign face means the area within a continuous perimeter enclosing the limits of writing, representation, emblem or any figure or similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, excluding the supports or uprights on which such sign is placed For projecting or double-faced signs only the larger of the display faces shall be used in computing the total area of the sign face for that sign. -, Sign Height shall be measured in a plane from ground level to the top of the sign. For monument signs, the 3' high brick base shall be utilized in the computation of total sign height. Sign Structure means all portions of a sign not including the sign face. Temporary on-premises advertising sign includes any sign with a commercial message, including but not limited to a banner or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board or other light materials, with or without frames, intended to be displayed for a short period of time only, not to exceed forty-five (45) consecutive days within a six (6) month period, on the lot where the commercial activity is to take place, but does not include real estate signs or signs with non-commercial messages. Vertical projecting sign means any sign which is greater in height than in width. Wall sign means a sign applied to or mounted to the wall or surface of a building or structure, the display surface of which does not project more than six (6) inches from the outside wall of such a building or structure. The total lettering on one (1) side of a building or structure shall constitute one (1) wall sign. - Sec. 82-3. Signs Not Requiring permits. 4 Ordinance 2003-11 ,.. The following types of signs do not require sign permits, provided however, that these signs must comply with all applicable regulations of this article unless specifically exempted: (a) Nonilluminated real estate signs located on the property for sale or lease, provided such signs are not located on any public right-of-way,. Such signs shall be removed within ten (10) days after the subject lot or building is leased or sold. (b) Signs erected on behalf of a governmental authority in the exercise of its proper jurisdiction. Such signs are exempt from the regulations of this article. Such signs include but are not limited to safety signs, traffic signs, street signs and signs advertising a city- sponsored community event. (c) Historic markers or signs containing a non-commercial message describing the historic nature of that property, where such property has been designated to be a historic property with the total area of each sign face not exceeding 32 square feet. (d) Signs on private property directing traffic movement, with the total area of each sign face not exceeding 2 square feet, and not advertising any business, service or product. Such signs shall not be allowed on any public right-of-way. ~ (e) Signs containing a non-commercial message only, with the total area of each sign face not exceeding 32 square feet. (f) Security identification signs with the total area of each sign face not exceeding 4 square feet. (g) Seasonal displays and decorations located within the city, including but not limited to Halloween, July 4th, Christmas, Hanukkah, Kwanzaa, and Easter, so long as the seasonal displays and decorations do not contain commercial messages. Such seasonal displays and decorations are exempt from the limitations of the Sign Ordinance. (h) Noncommercial announcements located within the city, including but not limited to birthday announcements, new births, and anniversaries, so long as the announcements do not contain commercial messages. Sec. 82-4. Sign permit--Required. (a) Except as specifically excluded under ~ 82-3 of this article, it shall be unlawful for any person to post, display, or erect a sign without a permit. (b) A new sign permit is required when cost of changes to the sign structure are more - than 50 percent of the reconstruction cost of the entire sign. Sec. 82-5. Same-Application. 5 Ordinance 2003-11 -, (a) The sign owner or the sign owner's agent shall file applications for sign permits with the Community Development Department or its designee upon forms furnished by the governing authority, Such application shall describe and set forth the following: (1) The type of sign structure to be constructed showing that it satisfies the requirements of the Standard Building Code or its amendments unless specifically exempted by this article. Any reference in the Standard Building Code or its amendments that refers to outdoor advertising displays shall be read as being applicable to all sign structures to be permitted. (2) Engineering drawings of the sign structure signed and sealed by a professional engineer licensed and registered in the State of Georgia. (3) The construction cost of the sign, (4) The street address of the property upon which the sign is to be located, a diagram of the proposed location of the sign on the property, and the size of the property on which the sign structure is to be located. (5) The square footage of each sign face. ....." (6) The number of sign faces. (7) The names and addresses of the owners of the real property upon which the subject sign is to be located. (8) Written consent of the owner of the real property, or the owner's agent, granting permission for the placement and maintenance of subject sign. (9) Name, address, and phone number of the sign contractor. (10) Proof of insurance. (11) Name, address, and phone number of a contact person III case of emergency. (12) The distance from the proposed sign structure to the closest adjacent sign structure. (b) Proof that all other required permits for the construction of the sign have been obtained. (c) Within fifteen (15) days of change of ownership of a sign, a sign owner notification - notice must be filed with the Community Development Department or its designee. Such notification notice form shall be available from the governing authority. 6 Ordinance 2003-11 ".. (d) The governing authority may rely upon the contact person provided in the sign application for purposes of notice to the permit holder concerning the sign. (e) Failure to obtain a sign permit as required shall be grounds for removal of the sign pursuant to this article. (f) The governing authority shall process all sign permit applications within forty-five (45) business days of the actual receipt of a completed application and sign permit fee. The Community Development Department or its designee shall give notice to the applicant of the decision of the governing authority by hand delivery or by mailing a notice to the address on the sign permit application on or before the forty-fifth (45th) business day after receipt of the completed application. If mailed, notice shall be deemed to have been given upon the date of mailing in conformity with this section. If the governing authority fails to act within the forty-five (45) day period, the sign permit shall be deemed to have been denied. (g) Any sign permit application that is incomplete, fails to comply with the provisions of this ordinance, or contains false statements shall be denied. Sec. 82-6. Same-Fees. .- No permit shall be issued until the appropriate application has been filed with the Community Development Department and the fees have been paid to the city as provided below: (a) Area of sign 1-10 square feet. . . $15.00 (b) Area of sign 11--25 square feet. . . $30.00 (c) Area of sign 26--50 square feet. . . $45.00 (d) Area of sign 51 square feet and greater. . . $60.00 Sec 82-7. Inspection. A sign permit shall become null and void if the sign for which the permit was issued has not been completed and inspection requested within six (6) months after the date of Issuance. (a) The holder of the sign permit shall be responsible for contacting the Community Development Department to arrange inspection of the sign within the six (6) months after the date of issuance of the sign permit. - 7 Ordinance 2003-11 (b) The inspection shall be conducted by a representative of the Community Development Department pursuant to the provisions of the Standard Building Code or its amendments and other applicable ordinances. - Sec. 82-8. Same--Revocation. The Community Development Department, its designee, or a code enforcement officer are authorized and empowered to revoke any permit issued under this ordinance upon failure of the holder thereof to comply with any provision of this article. Sec. 82-9. Removal of signs. (a) Any sign, except as otherwise exempted, that violates the requirements of this article shall be subject to removal and all other penalties as provided by this article. (b) For signs with a permanent foundation in violation of this article: (1) The Community Development Department, its designee, or a code enforcement officer shall send written notice of the violation by regular mail to the contact person listed on the sign permit application or to the property owner on which the sign structure is located if no sign permit application has been completed for the sign in violation. - (2) The notice shall indicate that the contact person or property owner shall have ten (10) days to appeal the decision of the Community Development Department, its designee, or a code enforcement officer to remove the sign from the date of mailing of the written notice. (3) Pursuant to section 82-17 the contact person or property owner may appeal the decision to the Mayor and Council for a hearing regarding the violation. At the hearing the person contesting the sign violation and the city shall be allowed to present evidence as determined by the rules for hearing (adopted by the Mayor and Council). (4) Failure to appeal the notice of violation within ten (10) days of mailing of the notice of violation shall be deemed a violation and the sign shall be subject to removal. (c) All signs without a permanent foundation unless otherwise exempt under the sign ordinance shall be subject to removal and any other enforcement allowed under this article by the Community Development Department, its designee, any code enforcement officer or any other enforcement officer as determined by the governing authority. (d) Any commercial sign not currently in compliance with this article must be brought into compliance within thirty (30) days after a change of ownership or discontinuance of operation of the commercial entity on the lot on which the commercial sign is located. For - 8 Ordinance 2003-11 ~ planned shopping centers, free-standing signage advertising more than one tenant must be brought into compliance within thirty (30) days after either a change in ownership for the entire center or if more than 50% of tenants (as of March 3, 2003) are discontinued or changed. (e) Any fascia sign that is attached to any building listed on the National Registry of Historic Places shall be removed within thirty (30) days after a change of ownership of the building or discontinuance of operation of the commercial operation shown on the sign. The governing authority recognizes that fascia signs violate the standards applicable to historic places and detract from the historic and aesthetic nature of such property. (f) Lawful removal of any sign in violation of this ordinance, as provided in this article, shall be without liability to the governing authority, its officers, agents, servants, and employees. The permit holder shall be responsible for the costs of removal. If there is no permit holder, then the sign owner shall be responsible. If there is no permit holder and the sign owner cannot be found, then costs of removal shall be the responsibility of the property owner where the sign structure was located. (g) The city clerk or his/her designee shall certify the amount for the cost of removal to the city attorney if the cost of removal is not paid by one of the responsible parties. (h) The city is authorized to take such action as allowed under law to collect the cost of -- removal. Sec. 82-10. Nonconforming signs. Signs lawfully existing on the effective date of the ordinance, March 3, 2003, from which this article is derived which do not conform to the provisions of this article shall be deemed to be non-conforming signs and may remain, except as otherwise specifically qualified by this article. (a) No non-conforming sign structure may be enlarged or altered such that the square footage of the sign face is increased. (b) Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign. No repairs totaling more than 25 percent of the reconstruction cost of the entire sign shall be allowed except to make the sign comply with the requirements of this article. (c) All nonconforming signs must be in such condition so that they do not constitute a safety hazard as determined by the Standard Building Code or its amendments unless specifically exempted by this article, -- (d) Failure to comply with the requirements of this section shall be grounds for the Community Development Department, its designee or a code enforcement officer to issue 9 Ordinance 2003-11 notice of violation and proceed with steps to remove the sign in violation as allowed under this ordinance. -, Sec. 82-11. Insurance requirements. It shall be unlawful for any person to engage in the business of erecting or maintaining signs within the city unless and until such entity shall have obtained a certificate of insurance from an insurance company authorized to do business in the state evidencing that the entity has in effect liability and property damage insurance in the sum of $25,000.00 dollars for property damage for anyone (1) claim and liability insurance in an amount not less than $100,000.00 dollars for injuries, for injuries to anyone (1) person. The certificate of insurance shall state that the insurance carrier will notify the not less than city thirty (30) days in advance of any termination and/or restriction of the coverage. Sec. 82-12. Prohibited signs and sign devices. The following types of signs or advertising devices are prohibited in all zoning districts of the city, unless otherwise indicated: (a) Roof sign, which is any sign erected upon and above a roof structure and wholly supported by the roof structure or a structure placed upon the roof. (b) Signs with flashing, intermittent or animated illumination or effect are prohibited; provided, however, that time and weather informational signs, and official warning or regulatory signs erected by a governing authority in the exercise of its proper jurisdiction are exempt from this restriction. -, (c) Commercial signs in residential districts except as otherwise allowed within this ordinance. (d) A spectacular sign which is an advertising display sign, advertising copy that is animated, constructed of metal, wired for lights or luminous tubing, or both, with copy action controlled by flashed circuit breakers or matographs and attached on an open face steel structure built especially for that purpose. This definition does not include signs which indicate time, temperature, or date. (e) Signs on public right-of-way except signs exempt under Section 82-3. (f) Signs which contain or are in imitation of an official traffic sign or signal and are not erected pursuant to the governing authority, excepting construction signs and barricades. (g) A mobile sign which is a sign attached to, mounted on, pasted on, painted or drawn on any trailer, or other non-motorized vehicle, that is placed, parked or maintained at one (1) particular location for the purpose and intent of promotion, or conveying a commercial message, except that this shall not apply to any vehicle or - 10 Ordinance 2003-11 ,... trailer allowed by the Georgia Department of Transportation having the sign attached thereto as part of the operational structure of the vehicle or trailer. (h) Pole signs. (i) Snipe sign which is any sign of any material whatsoever that is attached in any way to or placed upon a utility pole or mailbox situated on public or private property. G) Air or gas-filled devices such as balloons or streamers containing a commercial message. (k) Searchlights. (I) Any sign containing a sign face on more than two sides. (m) Any sign attached to a bench or a trash can. (n) Pennants, not consisting of national flags, or streamers. Sec. 82-13. Prohibited content of signs. -- It shall be unlawful for a person to display: (a) Any expression defined as obscene by O.C.G.A. S 16-12-80. (b) Any message, communication, activity, or product prohibited by the laws or regulations of the United States, the State of Georgia, Cobb County, or the City of Smyrna. Sec. 82-14. Prohibited methods of erection. No sign shall be constructed, erected, used, operated or maintained: (a) In any residential district, within 10 feet from the back of the sidewalk or within 15 from the edge of the road nearest to the sign where a sidewalk does not exist. (b) Which is attached to or placed against a building in such a manner as to prevent ingress or egress through any door or window of any building, nor shall any sign obstruct or be attached to a fire escape. ,- (c) On the wall or fascia of any building on the National Register of Historic Places, 11 Ordinance 2003-11 (d) No freestanding sign shall be located within 25 feet of the point where the right-of-way lines from two intersecting streets or roads meet. ~ Sec. 82-15. Requirements for all signs. (a) All signs shall comply with the following provisions: (1) All sign structures shall be constructed so as to comply with the Standard Building codes or its amendments unless specifically exempted by the article. Any reference in the Standard Building Code or its amendments that refers to outdoor advertising displays shall be read as being applicable to all commercial sign structures. (2) If a sign requires a sign permit then the sign structure must be a ground based monument sign structure. (3) No sign shall be taller than 25 feet in non-residential districts, except as specifically allowed elsewhere in this article, and not taller than 4 feet in residential districts. The sign height shall be measured in a vertical plane from ground level to the top of the sign. The level of the ground shall not be altered solely to provide additional sign height. (4) No illuminated signs shall be constructed within 100 feet of any single- family dwelling. ~ (5) No illuminated sign shall produce more than 100 watts of light which shall be directed away from adjacent property and the right-of-way. (6) All signs shall be maintained so as not to constitute a health or safety hazard as defined by the rules and regulations of the Cobb County Board of Health. (7) No sign shall be erected which blocks from view any traffic or street sign, signal or public service sign as viewed from the right-of-way. (8) No series, lines or rows of electric, neon or other lights shall be allowed, except where expressly permitted under the terms of this article or any other ordinance enacted by the governing authority. (9) Any sign containing a commercial message may also contain a non- commercial message. (b) In addition to general regulations and restrictions applying to all sign classifications, freestanding signs and wall or fascia identification signs shall comply as follows: ~, 12 Ordinance 2003-11 - (1) Community Medical Facility, Planned Industrial Park or Planned Shopping development identification. a. Areas designated as community medical facility, planned industrial park or planned shopping development shall be permitted one (1) freestanding ground based monument sign per development (community medical facility and planned shopping center) or per lot (planned industrial park) with a 3 foot high brick monument base being a maximum of 25 feet in height and the total area of each sign face not exceeding 150 square feet. The sign height shall be measured in a plane from ground level to the top of the sign. 1. This structure shall be a type of sign that will provide space for all businesses in the center. 2. Individual signs qualifying as wall or fascia signs may be permitted for individual businesses within the center. Square footage will be determined by the following formula: 2 square feet multiplied by the number of feet of frontage the store occupies within the center. This may be used up to a maximum of 60 square feet. .- 3. Sign letter height may not exceed 3 feet. (2) Commercial identification not within a Community Medical Facility, Planned Industrial Park or Planned Shopping Development on property zoned: CBD, LC, NS, OJ, GC, OD, LIor PS a. Each building shall be permitted one (1) ground based monument sign with a maximum area of 32 square feet and a maximum height of 8 feet. The ground based monument sign shall be set on 3 foot high brick base. The brick base shall be included in the computation of the total building height. The sign height shall be measured in a plane from ground level to the top of the sign. b. Each business or building shall be permitted one (1) wall or fascia sign with a maximum area of 40 square feet. (3) Regulation and restrictions applicable to instructional signs. - a. Such signs shall contain only instructional information and shall not be used for the purpose of business name and/or advertisement or contain a commercial message. 13 Ordinance 2003-11 b. Signs limited to traffic direction and services shall be limited to one (1) at each vehicular entrance to the property and no closer than within 50 feet of another such directional sign located on the same property. ...., (c) Freestanding signs shall be mounted perpendicular to the street adjacent to the property and contain the street identification number. Plans for said signs shall be submitted to the Community Development Department. The edge of such signs is required to be at least 10 feet from the right-of-way in all authorized zones. (d) No sign structure shall be erected that any portion of the sign structure is located directly over any public right-of-way such that a plane originating from the right-of-way projecting up in a 90 degree angle would intersect with any portion of the sign structure. (e) Every sign structure located adjacent to a walkway shall be placed at least 10 feet above the walkway on private property over which it is erected, and a distance not greater than 2 feet from the face of the wall to which it is attached, measuring from the point of the sign nearest thereto, nor shall any sign or part thereof extend nearer the curb line than 1 foot. Sec. 82-16. Signs allowed in zoning districts. If not otherwise stated, any sign not specifically allowed in a zoning district as provided under this section or in a variance in existence as of March 3, 2003, shall be prohibited in that district, except as otherwise provided for under this article. -., (a) No signage other than house number, historic marker, original house designation, street identification number, real estate sign, security identification sign, yard sale sign, or sign containing a non-commercial message shall be allowed on any residential property in the city. No sign with the total area of each sign face greater than 32 square feet shall be allowed on any residential property in the city. No other signs containing commercial messages shall be allowed on any residential property in the city. 1. Any literature packets, notices such as under contract, reduced price, new price or other ancillary information on real estate signs must be displayed within the prescribed 32 square feet allowed for each sign face area. 2. There shall be at least a distance of 15 feet between the location of the sign and the sides of the lot except that any lot that is less than 60 feet wide shall be allowed one sign for that lot to be placed no closer than 10 feet from the side of the lot. 3. For lots greater than 60 feet in width, no sign shall be closer than 25 feet to another sign on the same lot with a maximum of 3 signs allowed per lot. 4. One yard sale sign may be displayed on the premises where a yard sale is being held on the day of the sale only. The governing authority considers yard sale signs to be a part of the incidental occupation of the residential property and not - 14 Ordinance 2003-11 ,"" commercial activity under this ordinance. The area of each yard sale sign face shall not exceed 2 square feet and shall comply with all other provisions of this ordinance. (b) The following signs shall be allowed within the nonresidential zoning districts in the city unless otherwise specified herein: 1. Any sign allowed in a residential district. 2. A sign containing a non-commercial message with the area of each sign face not exceeding 32 square feet. 3. Signs containing a commercial message with an area of each sign face not larger than the square footage as determined in Section 82-15. Any sign containing a commercial message may also contain a non-commercial message. -- 4. Temporary on-premises advertising signs, including banners, relating to the initial opening or final closing of a business or service, provided the area of each sign face shall not exceed 16 square feet and shall not be closer than 20 feet to the pavement of any street or on any public right-of-way. Such signs shall be approved by the Community Development Department for a maximum period of forty-five (45) days within a six (6) month period, after which they shall be removed. Sec. 82-17. Administration; enforcement; remedies; appeals. (a) Enforcement and administration. This article shall be administered and enforced by the Community Development Department, its designee, any code enforcement officer, or any other personnel authorized by the governing authority. (b) Remedies. (1) A code enforcement officer, or other personnel authorized by the governing authority, are authorized to issue a citation for violation of this ordinance, institute an action for an injunction, remove the sign pursuant to Section 82-9, or proceed with other appropriate action or proceeding to prevent the violation of this ordinance. a. Any citation issued for violation of this ordinance shall be taken to the municipal court of the City of Smyrna and prosecuted as any other criminal citation within the municipal court. - b. Any suit for injunction filed on behalf of the governing authority as authorized above shall be filed in a court of competent jurisdiction and prosecuted as any other suit for injunction within that court as allowed by law. 15 Ordinance 2003-11 (2) Any citation, injunction, or other appropriate action or proceeding to prevent the violation of this ordinance may be taken against the owner or erector of the sign, the owner of the property on which the sign is located, or any other person or entity that has an ownership interest in the sign or property. ...... (3) Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such. (4) All remedies and penalties specified in this article are cumulative. (e) Appeals, (1) An individual whose sign has been removed pursuant to this ordinance, or whose permit application has been denied, or a permitee whose permit has been revoked may appeal the decision of the Community Development Department, its designee, a code enforcement officer or other appropriate enforcement officer to the Mayor and Council for a hearing on the removal of the sign, the denial of the sign permit application, or the revocation of the sign permit, provided that such individual files a written notice of appeal with the city clerk within ten (10) business days of the mailing of the Community Development Department, its designee, or code enforcement officer's decision. (2) Such appeal shall be considered by the Mayor and Council at its next regularly scheduled meeting provided that such notice of appeal is received a minimum of five business days prior to the meeting. In the event the notice of appeal is received less than five business days prior to the next meeting of the Mayor and Council, the appeal shall be considered within thirty-five (35) days after receipt by the city clerk of the written notice of appeal. ...... (3) The code enforcement officer or other appropriate officer shall present evidence before the Mayor and Council supporting the decision of removal of the sign, denial of the permit application, or revocation of the sign permit at the hearing. The person disputing the decision of the Community Development Department, its designee or code enforcement officer or other appropriate officer may present evidence before the Mayor and Council at the hearing. If no hearing concerning the appeal is held within thirty-five days of receipt by the city clerk of written notice of appeal, the appeal shall be deemed denied. (4) The appeal hearing shall be conducted according to rules and procedures adopted by the Mayor and Council for public hearings. The Mayor and Council shall determine a ruling on the appeal within ten (10) business days of the appeal hearing and send written notice to the appellant of the Mayor and Council's decision, If no decision is reached within ten (10) business days of the hearing, the appeal shall be deemed denied. ~ 16 Ordinance 2003-11 ,... I (5) In the event an individual whose sign has been removed, or whose permit has been denied, or whose sign permit has been revoked is dissatisfied with the decision of the Mayor and Council, that individual may petition for writ of certiorari to the superior court as provided by law. Sec. 82-18. Severability and Amendments. (a) It is hereby declared to the be the intention of the governing authority that the sections, paragraphs, sentences, clauses and phrases of the Sign Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or invalid by judgment or decree of any court of competent jurisdiction, the unconstitutional or invalid phrase, clause, sentence, paragraph shall be struck and the remaining, phrases, clauses, sentences, paragraphs, and sections shall be effective as if the unconstitutional or invalid portion had not existed. (b) If any provision of this article conflicts with any other provision of this article, any provision of the Standard Building Code or its amendments as adopted by the governing authority, any other applicable ordinance, statute, or law, the provision that contains the more stringent regulation shall be enforced. Sec. 82-19 Effective date of this ordinance. .- ! The effective date of this ordinance shall be immediately upon passage by the governing authority. All ordinances and parts of ordinances concerning signs in conflict with this ordinance are hereby repealed. Approved by Mayor and Council this 3RD day of March, 2003. Attest: /~ A. Max Bacon, Mayor ~f).~ Susan D. Hiott, City Clerk City of Smyrna Appr ved as to form: Scott A. Cochran, City Attorne City of Smyrna -- 17 ,... ,... , f f i """' AFFIDAVIT OF CHRISTOPHER S. MILLER -1- My name is Christopher S. Miller, I am over the age of 21 years and otherwise competent to make this Affidavit. I suffer from no legal disability. This Affidavit is based upon my personal knowledge and experience and is true. This Affidavit is offered in support of the sign ordinance to be considered by adoption by the Mayor and City Council of Smyrna, Georgia on March 3, 2003 (Ord.#2003-11). -2- I am the Community Development Director of Smyrna and have held that position since early 2001. I graduated from Florida State University in 1991 with a degree in Urban Economics and earned a Masters Degree in Urban Planning in 1993, I am a member of the American Institute of Certified Planners. -3- Throughout my career I have been involved in the review, application and amendment of sign ordinances for several communities. I participated in drafting the proposed ordinance and believe it to be in the best interest of the health, safety and general welfare of the citizens of Smyrna, -4- The sign ordinance under consideration restricts the location of signs and as a result helps avoid damage to persons and property. The signage controls within the ordinance are designed to promote traffic safety and avoid traffic accidents. Unregulated signs may lessen the utility of public safety signs. ,... '''''~.._' ,... r f ~;a., -5- Signs may affect the character of a community as well as property values. The size, height, location and general condition of signs may have an impact upon surrounding land uses and property values. Certain signs could result in an overall image of blight and a reduction of property vales, Smyrna's sign ordinance is designed to ensure that signage is compatible with its surrounding environment. -6- The sign ordinance under consideration attempts to insure that signs within Smyrna are compatible with adjacent land uses and with the total visual environment of the community. -7- The size of signs which provide adequate identification in. pedestrian oriented business areas differs from that necessary in vehicular-oriented areas where traffic is heavy, travel speeds are greater and required setbacks are greater than in pedestrian areas. This, the ,2 X day of ;::~bIU')t'Y ,2003. ~ 4 /Jfdr CHRlSTOP R S. MILLER ".. , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 "... 2 3 .,' 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 .<\rticlc 22 Signs and Advertising Roswell Zoning Ordinance APPENDIX A - ORDINANCE 2003-11 247 Section 22A Appendix to the Roswell Siqn Ordinance THE PUBLIC PURPOSES OF ROSWELL'S SIGN ORDINANCE AND THE IMPLICATIONS OF DOING WITHOUT IT Directive In response to a recent Fulton County Superior Court ruling relative to the city's sign ordinance,1 I was directed by Michael McGuire, Roswell's community development director, to prepare a position paper outlining the purposes of sign regulations and discussing the implications and effects of Roswell doing without its sign ordinance. PUBLIC SAFETY RATIONALES Historically, communities and courts had to go to great lengths to justify billboard and sign regulations on the basis of public safety alone. Consider the ruling of a court in 1905 with regard to the public safety justifications for billboard and sign regulation: "In cases of fire they [signs] often cause their spread and constitute barriers against their extinction; and in cases of high wind, their temporary character, frail structure and broad surface rencer them liable to be blown down and to fall upon and injure those who may hapoen to be in their vicinity. The evidence shows and common observation teaches us that the ground in the rear thereof is constantly used as privies and dumping ground for all kinds of waste...that behind them the lowest form of prostitution and other acts of immorality are frequently carried on, almost under public gaze; they offer shelter and concealment for the criminal while lying in wait for his victim" 2 This passage conjures up images in cartoons, where a motorist who is speeding along a highway is chased and then caught by the motorcycle cop who was "lying in wait for his victim" using a billboard as "concealment." These images are hardly true anymore, if indeed they ever were, as billboards are rarely so close to the ground as to provide opportunities for concealment. Today, builcing code requirements address many of the public concerns about dangerous signs. The Standard Building Code provisions relative to signs are supposed to ensure that they will not pose a fire hazard and are appropriately anchored or secured so that they don't fall cr blow down on someone. However, the building code does not regulate the location of signs, except to prevent them from interfering with an entryway or fire escape.3 Nor does the building code regulate to any significant degree the size of signs, their materials, their height, or their SMD, LLP. and Liaoiiity Limited, Inc. v City of Roswell. Civil Action File No. E-65358. November 18, 1999. 2 Cit'l of Passaic v Paterson Bill Postinq and Siqn Paintinq Co., 72 N.J,L 285,62 A. 267 (1905), cited in Robert R '/Iright and Morton Gitelman. 1982. Land Use: Cases and Materials, 3d. Ed.. pp. 1022-1023. St. Paul: West hblishing Co., 1982. ,...... 3 Southern Building Code Congress International, Inc. Standard Buildinq Code. 1994. SectIon 3108.1.9" Location ~ Restrictions. ",.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ",.. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ,.... I' 2003-11 Article 22 Signs and Advertising Roswell Zoning Ordinance 248 color. Building code provisions for signs are woefully inadequate to deal with other public safety problems inherent in the erection of signs. A sign ordinance restricts the location of signs and helps to avoid damage to persons and property. Without a sign ordinance. signs can pose a clear danger to public safety. In short, it has long been recognized that signage controls are needed to promote traffic safety and avoid traffic accidents. A 1980" Federal Highway Administration study found a positive correlation between billboards and accident rates.4 Signs too close to the road can cause accidents. Without additional regulation, signs can be placed dangerously close to rights-of-ways in locations where they might be struck by an oncoming vehicle using the road or having to veer off the road. Signs can impair visibility. The placement of signs can interfere with the sight of motorists trying to exit a driveway onto a public road. Signs distract motorists. Commercial signs, by their very nature, are designed to direct, if not distract, motorists to turn off the roadway and into a property to frequent a business. To the extent that commercial signage captures the sight and attention of a motorist, it distracts motorists from the primary purpose of safely maneuvering a vehicle along the road. Signs can confuse motorists by mimicking traffic safety signals and signs. Motorists might confuse signs that contain flashing or blinking red, green, or yellow lights (such as a lighted portable sign adjacent to the road) with roadway traffic signals. Signs constructed of shapes like an octagonal "stop" sign might also impair public safety. Excessive window signs may conceal robberies. A retail merchant may elect to have a building and entrance that does not provide visibility to the exterior at all. However, most merchants do elect to provide visibility via glass doors and windows. Signs controls, such as Roswell's, often limit the amount of storefront window and door areas that can be covered with signs. Without signage, storefront windows offer visibility from the outside that help to dissuade robbers from "holding up" a store at gunpoint. However, absent regulations for window signs, general observation suggests that merchants will plaster their windows with sale and product signs, sometimes to the point that visibility of activities within the store is almost entirely concealed. Limits on window signs can provide for an appropriate minimum of exterior visibility and thus increase public safety of commercial areas through a reduction in crime potential. This observation is based on participation by police staff in the writing of Albany, Georgia's comprehensive sign ordinance in 1989. PUBLIC HEALTH RATIONALES Robert Ulrich, a professor of environmental psychology at Texas A & M, has found that the impact of roadside blight significantly raises stress levels and reduces peoples' ability to solve problems. The passage below explains relevant results of that study: "Researchers had 160 people drive simulated commutes. First, .., the subjects performed difficult math problems or viewed workplace safety videos that showed workers getting their hands chopped off. Then, once they were stressed, the 160 people 4 Scenic Amenca. Fact Sheet (1): Billboard Control: Fiqhtinq Visual Pollution. (http://www.scenic.ora/fact1.htm.) ,... , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ,... 23 , 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 I"'" ~ 2003-11 Article 22 Signs and Advertising Roswell Zoning Ordinance 249 were assigned randomly to one of four rides in a simulator at 35 mph... During the simulated commute, stress levels were monitored by checking blood pressure, respiration, heart rate, skin conductance, facial muscle activity and eye movements. For those exposed to a rural setting or a parkway, stress levels declined relatively quickly, while stress levels for people exposed to strip developments remained high... After the commute, the study's subjects did math problems or were shown videos to measure their work productivity and ability to deal with stress... People exposed to the sprawlscape fared poorly. 'If our research is replicated, it would be justified to raise the possibility of roadside blight and strip sprawlscapes being in some respects a public health issue,' Ulrich said.us While the above referenced results cannot be attributed exclusively to signs, it is safe to assume that commercial signage contributes to the experiences resulting from the simulated commutes. Further, these results have led the organization, Scenic America, to conclude that "sign overload causes negative mental and physical effects." 6 Moreover, Scenic America indicates the following, implying that billboards may increase the frequency of alcohol and tobacco use because companies selling tobacco and alcohol are the most frequent users of billboards: City after city has found most billboards are located in low-income, minority neighborhoods, and that most billboards in those neighborhoods advertise alcohol and tobacco. A Baltimore, MD, study revealed that three out of four billboards were located in the city's minority neighborhoods. Of those billboards, 75 percent advertised alcohol and tobacco products. Other studies in Chicago, Detroit, Louisville, Atlanta, and elsewhere reveal similar trends. Alcohol and tobacco advertisers are leading users of billboards according to the most recent Advertising Age figures. Of 1993's top ten billboard users, eight are tobacco or alcohol companies. In the first quarter of 1995, tobacco was the leading category of products advertised on billboards." (Scenic America web page) PUBLIC WELFARE AND PUBLIC INTEREST RATIONALES Signs can degrade property values. A principal purpose of land use regulations, including sign controls, is to protect and preserve property values. As planner Fred Bair notes, "There is no question that signs may affect the character of districts and the value of buildings, or that they are not appropriate in different parts of a town." 7 The size, height, materials of construction, location, condition, and attributes of signs can have an impact on surrounding and nearby land uses. For instance, if signs were unregulated, large, tall signs could be erected in the city's single family residential districts. Such signs, if erected, would be out of character with residential neighborhoods and could result in the lowering of property values for residential use. As another example, blighted signs and antiquated signs and sign structures (i.e., the pole with a blank structure for a sign face) can contribute to an overall image of blight and a reduction of S Anna Borgman. June 18, 1995. 'Suburbia's Signs of Stressful Times: The Washinaton Post. As described in Meg Maguire, Ray Foote. and Frank Vespe. 1997. "Beauty As Well As Bread: Journal of the American Planninq .Association 63, 3: 317-328. See footnotes 4 and 5. 6 Scenic Amenca. Fact Sheet (1): Billboard Control: Fiqhtinq Visual Pollution. htto://wNwscenic.orq/fact1,htm. 7 Bair Jr" Frederick H. 1979, Planninq Cities, (Chicago: American Planning .A.ssoclation). pp. 244-254, ,.. p ,... "... , 2003-11 Article 22 Signs and Advertising Roswell Zoning Ordinance 250 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 property values in declining areas, if not addressed and removed via sign controls. Sign regulations, including Roswell's sign code, are designed to ensure that signage is compatible with its surroundings and does not take away from the character of particular districts. Unregulated signage can degrade the utility of public safety srgns. In some places, unregulated signs can reduce the effectiveness of signs needed to direct the public due to competition with other signs and the resulting reduction in visibility of pub:ic purpose signs. Certain signs, particularly billboards, provide little if any useful information. Business identification signs are certainly essential to the economic success of businesses. However, not all commercial messages serve such public purposes. As noted by Scenic America, it is likely that many people get little or no useful information from billboards. All other advertising mediums are regulated, so why not unavoidable impacts of advertising signs? The Federal Communications Commission regulates our air waves and television stations and the content that passes through them. Aside from the Highway Beautification Act of 1965, there is little if any federal involvement in the regulation of signs. I find this lack of federal regulation interesting in the sense that signs are one of the most obtrusive forms of advertising. Signage is probably the only type of advertising that cannot be turned off or rejected by the consumer. Radio advertisements can be avoided by turning off the radio. The same is true with television advertisements; we flip channels or take a break when television commercials come on. Junk mail can be thrown away. We quickly flip past the advertisements in our favorite magazine when we are disinterested. Phone solicitations can be avoided with "caller identification" or terminating the conversation. The same cannot be said of outdoor advertising structures and commercial signs. One's vision of signage cannot be turned off. We are captivated by signage when we drive down the road. How do you avoid signs? We must keep our eyes open to drive and cannot block out signs from our peripheral vision. Perhaps one could take an alternative route that is not developed with signs, but that's not always feasible. Absent federal and significant state regulation, it is in the public interest for cities and counties to control signage. Signs derive their value from public improvements. Why do businesses exist and prosper? Because consumers have access to their locations via public rights-of-ways. Would a commercial business sign do any good if there was not a public road from which to view it? Probably not. Businesses locate, and signs are constructed, because of the access the community provides to business locations. It is precisely these types of advertising that are the principal target of local sign regulation - most of the signs controlled locally are those which are visible from public ways. It is the public way that creates the value for the person erecting the sign, and visibility from the public way is what creates the problems which give rise to the need for sign controls. This is a pretty sound rationale for sign regulation, in my opinion. It logically follows, if one accepts the premise that the public way provides value, that the public therefore has a right, and indeed an obligation, to control the problems that arise from creating that value, Unregulated signs adversely impact public investments. Sign regulations help to assure that public benefits derived from expenditures of public funds for the improvement and beautification of streets and other public structures and spaces are protected.s In the case of Roswell, imagine the impact that unregulated signs would have on the $1 million streetscape improvements made to Canton Street, the city's signature historic streetscape? Unregulated signs, if permitted to be erected on Canton Street, would almost assuredly neutralize those ~ Mesa, Arizona. sign ordinance. hltP./lwww.ci.mesa.az.us/planninq/siqnordhlm#443 - 2003-11 Article 22 Signs and Advertising Roswell Zoning Ordinance 251 streetscape investments. The same can be said for other corridors of the city, within which Roswell is currently establishing design guidelines to approve their appearance. Unregulated signs have the potential to negate those public investments, as well. BUSINESS INTEREST RATIONALES Sign regulation is in the interest of businesses, whether their owners and operators realize it or not. One often overlooked justification for the regulation of signs is that sign regulations benefit those businesses that seek to advertise, Simply put, unregulated competition among business results in too many signs. Unregulated erection of signs can reach a "point of diminishing returns" (Bair 1979) where individual business signs are not adequately visible. Rodney Cobb, in an article about portable signs, has also made this point. Business owners, wanting higher visibility than their competitors, clutter the landscape along roadways with portable and other types of signs. Yet, in the forest of signs their messages are lost because the number of signs is overwhelming. The spiraling competiton for visual recognition thus defeats the purpose of the signs themselves _ to carry a message, usually a commercial one (Cobb 1988).9 Think about this one. I certainly find it true. I observed this phenomenon when I worked for the Albany Dougherty Planning Commission and I would travel the commercial strip known as "Slappey Boulevard" in Albany. After (conservatively) more than two or three dozen trips down this thoroughfare, on one vehicle trip I recall thinking to myself: "Hey, I've never noticed that sign or business the~e before!" Patrons of individual businesses located along the unregulated commercial strip may miss their destination because they cannot find the particular business in the sea of adven:ising devices. The unregulated commercial strip signage also can work to the cetriment of individual businesses in that they are forced to erect larger and more costly signs to outdo their neighboring businesses and competitors. Therefore, sign regulations benefit individual business owners. This is somewhat paradoxical but true, because business owners are usually the most vocal opponents of local sign regulations. In the words of Scenic America, "sign clutter, like a room full of screaming kids, so distracts the consumer that no message gets through clearly. Having smaller and fewe~ signs enables businesses to de a better job selling their wares at less cost." The lack of sign controls causes uncertainty among prospective business owners. Roswell's sign ccde provides prospective businesses with guidance on how much signage they may have, whe~e it is allowed to be located and what types of signs are permitted. Without sign controls, business owners lack such guidance. In Roswell, a design review board reviews all building facades, site plans, and sign applications. Without a sign code, it appears that sign permit applications are left to the discretion of the design review board. Such a situation could have detrimental impacts on businesses, either through inequitable treatment or a delay in the time involved in the permitting of signs. Such potential detrimental impacts would not exist or would be mitigated with a clear set of sign regulations. 9 Cobb, Rodney L. ;'pnl 1988. Portable Signs: Law and Regulations. Land Use Law and Zoninq Diqest. (Chicago: American Planning ;'ssociation). pp. 3-7. - ,.... fir 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ,.. 24 , 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ,.,.. 2003-11 Article 22 Signs and Advertising Roswell Zoning Ordinance 252 AESTHETIC RATIONALES Let's face it. When all is said and done, we can give many reasons to justify the city's sign ordinance. However, among the most relevant reasons are to promote and ensure the aesthetics of the community. In the earliest days of sign regulations, relying on aesthetics as a rationale could not legally justify local sign controls. The United States Supreme Court began a slow transformation, from its previous position that aesthetics alone could not justify land use regulations, to a position that aesthetic considerations were legitimately within the scope of police power. In 1954, Justice Douglas of the high court found the following: The concept of public welfare is broad and inclusive. The values it represents are spiritual as we!1 as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully controlled.1o Sign regulations help communities maintain their scenic heritage and unique character. Without Roswell's brand of sign regulation, including board/commission review, its commercial areas will likely end up looking like any other place. Signs can interfere with scenic views. The appearance of the community, which is substantially influenced by signs, is essential to the city's long-term economic viability and helps determine how residents and visitors alike perceive it. Sign control is an integral part of improving visual character and quality of life. A look at some of the purpose and intent statements of other local sign codes helps to underscore the various aesthetic purposes served by regulating signs: · Provide a rp.asonable balance between the right of an individual to idp.ntify his business and the right of the pubiic to be protected against the visual discord resulting from the unrestricted prolife:ation of signs and similar devices. Insure that signs are compatible with adjacent land uses and with the total visual environment of the community. Recognize that the size or signs which provide adequate identification in pedestrian-oriented business areas differs from that necessary in vehicular-oriented areas where traffic is heavy, travel speeds are greater, and required setbacks are greater than in pedestrian areas. Encourage signs which are well-designed and compatible with their surroundings and with the buildings to which they are appurtenant (Source: Westminster, Colorado sign code, http://'NWW.ci.westminster.co.us/code/title11/t11c11.htm). Encourage creative and well-designed signs that contribute in a positive way to the City's visual environment, express local character, and help develOp a distinctive image for the City. Predictable and mediocre signs are discouraged. Encourage signs that are responsive to the aesthetics and character of their particular location, adjacent buildings and uses, and the surrounding neighborhood. Signs should be compatible and integrated with the building's architectural design and with other signs on the property (Source: City of West Hollywood Draft Sign Ordinance, htto://'NWW. cmcaolans.com/wehosiqn. htm). In recognition of the City's dependence on commerce and a truly unique and picturesque environmental setting, the City adopts this chapter in order to promote and protect the health, safety and general well being of its citizens; to protect and enhance harmonious and ~o Berman v Parker 348 U.S. 26,75 S. Cl. 98. 99 L. Ed.27 (1954). ,... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,... 22 I ,... 2003-11 Article 22 Signs and Advertising Roswell Zoning Ordinance 253 historically significant architecture; and to encourage high aesthetic quality, human scaled and pedestrian friendly development within the City of Traverse City (Michigan). An excess of large, ugly, intense signs causes a visual blight on the appearance of the City by detracting from views of structures and open space. This visual blight adversely affects the aesthetic quality of life and traffic safety in Santa Monica for residents, businesses, pedestrians, and persons in vehicles. In order to promote the appearance of the City, while protecting the rights of sign owners to expression and identification, the regulation of existing and proposed signs is necessary to protect the public health, safety and general welfare. The purpose of the Santa Monica Sign Code is to encourage signs which are integrated with and harmonious to the buildings and sites which they occupy, to eliminate excessive and confusing sign displays, to preserve and improve the appearance of the City as a place in which to live and to work and as an attraction to nonresidents who come to visit or trade... (Source: City of Santa Monica, California. 9.52.020 Findings and purpose. htto:llpen2.ci. santa-monica .ca. us/citv/municode/art09/9. 52/9 .52.020. html). Preserve or enhance town character and scenic vistas by encouraging new and replacement signage which is: 1. creative and distinctive; 2. compatible with the surroundings; 3. appropriate to the type of activity to which it pertains; 4. expressive of the identity of individual; 5. appropriately sized in its context, so as to be easily readable (Source: Bethel, Maine).