Loading...
10172005 October 17,2005 Attachments October 17, 2005 17 - 9J~~M/}10 ~~ SUS N D. HIOTT, CITY' CLERK /-;:,~J.eJ____ RON NEWCOMB, WARD 2 ~~ L SC GGIN~~~ .- I ~~uJ~ CHARLES PETE WOOD, WARD 7 .- ORDINANCE No. 2005-39 .- AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THA T THE CODE OF ORDINANCES, APPENDIX A-ZONING, ARTICLE ~ GENERAL PROVISIONS, SECTION 510.10, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTION TO INCLUDE PROVISIONS FOR ALLOWING THE INSTALLATION OF WROUGHT IRON FENCES IN FRONT YARDS IN ALL ZONING DISTRICTS BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A-Zoning, Article ~ General Provisions, Section 510.10, City of Smyrna, Georgia, be amended to read as follows: - (501.10) Within any front yard (front yard shall also include a comer lot in which both yards abutting a street shall be deemed a front yard), in all zoning districts, no chain link or similar woven wire fence shall be permitted. However, within a front yard in the aforementioned districts, a decorative or ornamental rail, split rail, picket, opaque, basket weave or similar fence constructed of wooden materials may be permitted provided that said fence does not exceed four feet in height. Columns comprised of brick, stone or similar material may be placed between fence sections in the front yard. Decorative wrought iron shall also be permitted provided that said fence does not exceed four feet in height. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance.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. - ORDINANCE No. 2005-39 - Approved by Mayor and Council this 17th day of October, 2005. Attest: ~[),C;t~ Susan D. Hiott, City Clerk City of Smyrna Approved as to form: .- - 2 t Wade S. Lneni Ordinance 2005-35 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CHAPTER 82 - SIGNS, BE AMENDED BY REPEALING THE EXISTING CHAPTER 82 IN ITS ENTIRETY AND SUPPLANTING IT WITH A REVISED BODY OF REGULATIONS TO PROVIDE UPDATED DEFINITIONS AND A NUMBER OF ADDITIONAL GUIDELINES PERTAINING TO SIGN REGULATION BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Chapter 82 - Signs of the Code of Ordinances of the City of Smyrna, Georgia, be amended by repealing the existing Chapter 82 in its entirety and supplanting it with a revised body of regulations to read as follows: 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 and control of signs within the City of Smyrna. In addition to other evidence provided at the adoption of ordinance. Ordinance 2005-35 Sec. 82-2. Definitions. - For the purposes of this article, the following terms shall have the respective meanings ascribed to them: A Frame Sandwich sign means a movable sign not secured or attached to the ground that is a sign with two sign faces that are connected at the top of the sign by a hinge mechanism which allows the base of the sign to be expanded outward to form the shape of an "A". Such sign shall be movable with the total square footage of both sign faces added together not greater than 25 square feet. 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. 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. 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. Freestanding sign means a sign not attached to any building which includes but not limited to a ground based monument sign, pole sign, temporary sign, instructional sign, standard informational sign, A frame sign but does not include a hanging sign, fascia sign, or window sign. 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 and none of 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. 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 building face. 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 external light 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. - 2 Ordinance 2005-35 - 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 and shall not be larger than 16 square feet. Nonconforming sign means any sign which does not conform to the provisions of this article. 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. Such sign is not a ground based monument sign. - 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 any sign utilized to sell or lease a property. Such signs shall not exceed 8 square feet including areas devoted to brochures or other information. 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. 3 Ordinance 2005-35 Standard Informational Sign means a sign erected by the owner of the property or the property owner's designee which contains information for the public including but not limited to security identification sign, or any other commercial or non-commercial message but not including for sale message, for lease message, yard sale sign. Such sign face shall not be larger than 32 square feet. These signs shall be permitted and regulated as temporary signs. - Subdivision entrance sign means a permanent sign located at the entrance to a permanent subdivision or other residential development. The sign shall be a ground based monument sign with the sign face area not greater than 32 square feet and a sign height not greater than 8 feet. No sign shall be placed inside any island between lanes of traffic within the right-of-way. No sign shall be located so as to obscure street visibility within 60 feet in any direction from the subdivision entrance for motorists existing the subdivision. The sign may be incorporated into the entry wall. Temporary 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 oftime only, not to exceed sixty (60) consecutive days within twelve (12) month period,. Such sign face shall not be larger than 32 square feet. Only I temporary sign is permitted at a time for each lot, business or residential development (whichever is less). Any banner constructed from a light material must be affixed to a permanent structure. 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 (I) wall sign. - Window sign means a sign painted upon or affixed so as to be visible through or upon a window. Yard sale sign means a 8 square foot sign displayed on the premises where a yard sale is being held on the day of the sale only. Sec. 82-3. Signs Not Requiring permits. 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) Real estate signs. (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) 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. - (d) Window signs provided the total sign area does not exceed 50% of the individual window pane. 4 Ordinance 2005-35 - (e) Signs located ten (10) or more feet behind a window or garage bay door opening that are visible through the window or garage bay door opening to the outside. (f) "A-Frame" sandwich signs within Downtown Development Districts 1 and 2 provided the total area of both sign faces does not exceed 25 square feet total and the sign is not permanently affixed. (g) Yard sale signs (h) Standard Informational Sign Sec. 82-4. Sign permit--Required. (a) Except as specifically excluded under S 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. (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 Community Development Department. 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 all applicable building code~ or their amendments adopted by the governing authority unless specifically exempted by this article. (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 ofthe 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. 5 Ordinance 2005-35 (11) Name, address, and phone number of a contact person in 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 Community Development Department. (d) The Community Development Department 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 or citation to be issued. (f) The Community Development Department 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 its decision 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. All applications meeting the applicable requirements of this ordinance shall be approved. - (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) (b) (c) (d) Area of sign I -I 0 square feet. . . Area of sign 11--25 square feet. . . Area of sign 26--50 square feet. . . Area of sign 51 square feet and greater $15.00 $30.00 $45.00 $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. (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. - 6 Ordinance 2005-35 - Sec. 82-8. Same--Revocation or Citation. 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. Furthermore, the Community Development Department, its designee, or a code enforcement officer are authorized to issue a citation upon failure 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 other than those found on public property violation of this article: (I) 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 found on public property without proper permission 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 without prior notice to the sign owner. (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 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 October 17,2005) are discontinued or changed. - (e) 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. 7 Ordinance 2005-35 (f) 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 ofthe responsible parties. - (g) 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, as of October 17, 2005, from which this article is derived which do not conform to the provisions ofthis article shall be deemed to be non-conforming signs and may remain, except as otherwise specifically qualified by this article. I. 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 provided that the damage to the sign was caused by an act of God or other matter beyond the control of the owner and provided that the repairs are completed within 60 days of the damage to the sign. (c) All nonconforming signs must be in such condition so that they do not constitute a safety hazard as determined by the applicable building code~ or their 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 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 (I) claim and liability insurance in an amount not less than $100,000.00 dollars for injuries, for injuries to anyone (I) 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. - 8 Ordinance 2005-35 -- (b) Signs with flashing, intermittent or animated illumination or effect are prohibited; provided, however, that time and weather informational signs with total sign area not larger than 32 square feet 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. This definition does not include electronic display signs whose sign copy does not change more than one time per hour. (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 in excess of 2 square feet, attached to, mounted on, pasted on, painted or drawn on any trailer, motorized vehicle which remains at the same property for a period of at least eight consecutive hours, or other non-motorized vehicle, that is placed, parked or maintained upon a single property for the purpose and intent of promotion, or conveying a commercial message, except that this shall not apply to any vehicle or trailer allowed by the Georgia Department of Transportation having the sign attached thereto as part of the operational structure of the vehicle or trailer or any vehicle offered for sale or lease. (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. U) Wind-actuated, 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. - (0) Permanent signs which are placed on canvas, cloth or other similar materials (excluding signs on awnings). 9 Ordinance 2005-35 (k) Permanent or temporary signs which have: missing letters, missing or damaged lenses, exposed lighting/electrical materials or otherwise damaged support structures/sign cabinets. ..."" Sec. 82-13. Prohibited content of signs. It shall be unlawful for a person to display: (a) Any expression defined as obscene by federal or state law. Sec. 82-14. Prohibited methods of erection. No sign shall be constructed, erected, used, operated or maintained: (a) Within 10 feet from the edge of the sidewalk closest to the property or within 15 feet from the edge ofthe road closest to the property 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. (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: (I) All permanent sign structures shall be constructed so as to comply with all building codes applicable to the structure or their amendments unless specifically exempted by the article. (2) If a permanent freestanding sign requires a sign permit then the sign structure must be a ground based monument sign structure, excluding wall signs. (3) No sign shall be taller than 50 feet in non-residential districts, except as specifically allowed elsewhere in this article, and not taller than 8 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. - 10 Ordinance 2005-35 - (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. (10) All free-standing signs may be internally illuminated or indirectly illuminated. If internally illuminated, the background and body of the sign shall be of a darker color than the letters of the sign. (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: (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. I. 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: 1 square foot multiplied by the number of feet of building frontage the store occupies within the center. The total permitted area may be increased at a rate of 15% for every 50 feet of building setback from the right-of-way. In no instance shall the total sign area exceed 325 square feet. If the individual business has road frontage on two or more public roadways, not including alley ways, the business shall be permitted one wall or fascia sign on each public roadway. (For example: if the business is located at a corner then the business may have two wall or fascia signs.) 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, LI or PS 11 Ordinance 2005-35 a. Each building with road frontage on one public roadway, not including alley ways, 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 shaIl be permitted one (1) waIl or fascia sign with a maximum area of 40 square feet each for each portion of the building that has frontage on a public roadway not including alley ways. If the individual business has road frontage on two or more public roadways, not including aIley ways, the business shaIl be permitted one wall or fascia sign on each public roadway. (For example: if the business is locate at a corner then the business could have two wall or fascia signs not to exceed 40 square feet each.) (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. b. Signs limited to traffic direction and services shaIl be limited to one (1) at each vehicular entrance to the property. (c) Freestanding signs shaIl be mounted perpendicular to the street adjacent to the property and contain the street identification number. Plans for said signs shaIl be submitted to the Community Development Department. (d) No sign structure shaIl 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) Each 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 specificaIlY all owed in a zoning district as provided under this section or in a variance in existence as of as of October 17, 2005, shaIl 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, subdivision entrance/development sign, standard informational sign, real estate sign, yard sale sign, ground based monument sign, or instructional sign shaIl be all owed on any residential property/development in the city. No sign with the total area of each sign face greater than what is permitted for each sign shaIl be all owed on any residential property/development in the city. ...... 12 Ordinance 2005-35 - I. Any literature packets, notices such as under contract, reduced price, new price or other ancillary information on standard informational 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. 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 commercial activity under this ordinance. The area of each yard sale sign face shall not exceed 8 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: I. Any sign allowed in a residential district except for subdivision entrance/development signs. - 2. 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. Temporary 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 32 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 sixty (60) days within a twelve (I 2) 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. (I) 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. 13 Ordinance 2005-35 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. - (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. (I) 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. (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. - 14 Ordinance 2005-35 ~ 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 applicable building codes or their 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 ofthis 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. .- 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. - 15 Ordinance 2005-35 Approved by Mayor and Council this 17th day of October, 2005. -, Attest: Wade S. Lnemc a, Mayor Pro Tem Approved as to form: ott A. Cochran, City Attorney City of Smyrna - - 16 ORDINANCE No. 2005-16 II""" AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A-ZONING, ARTICLE VIl, USE PROVISIONS, SECTIONS 709.7, 711.13, 712.22 AND 712.44, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING SAID SECTIONS TO INCLUDE PROVISIONS FOR REGULATION OF OUTSIDE STORAGE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That Appendix A-Zoning, Article VII, Use Provisions, Sections 709.7, 711.13, 712.22 alld 712.44, City of Smyrna, Georgia, be amended to read as follows: See 709.7 Limited retail sales. The following uses area permitted provided the limited retail sales establishment does not exceed 1200 square feet of floor area and the outside display, storage or sale of merchandise is limited to an area which is; within a display area enclosed on all sides by a 6' high wall, under a building overhang/canopy or located no greater than five feet from the exterior building wall. ,... (1) Arts and crafts shops. (2) Antique shops. (3) Gift shops. (4) Bridal shops. (5) Boutique shops. See 711.13 Retail establishments. including art, antique. apparel, appliance, book, camera. clothing department, drug, fabric, florist, food, furniture. garden supply, general merchandise, hardware, hobby, jewelry. music. notion. photographic supply. shoe, sporting goods. stationery and toy stores. but not excluding similar retail establishments. The size of any retail establishment shall be limited to 5,000 square feet of floor area. Any manufacturing incidental to the retail business or service shall be limited to occupying 20 percent or less of the total floor area. The outside display, storage or sale of merchandise shall be limited to an area which is; within a display area enclosed on all sides by a 6' high wall, under a building overhang/canopy or located no greater than five feet from the exterior building wall. Sec 712.22 Lumber, hardware and other building material establishments, provided that the outside display, storage or sale of merchandise shall be limited to an area which is; within a display area enclosed on all sides by a 6' high wall or fence. under a building overhang/canopy or located no greater than five feet from the exterior building wall. ,. See 712.44 Retail uses, provided that the making of products sold at retail on the premises is incidental to the retail business and does not occupy more than 30 percent of the total floor area of the establishment and the outside display, storage or sale of merchandise shall be limited to an area which is; within a display area enclosed on all sides by a 6' high wall, under a building overhang/canopy or located no greater than five feet from the exterior building wall. ,... ORDINANCE No. 2005-16 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. Approved by Mayor and Council this 6th day of September, 2005. /~7- Attest: A. Max Bacon, Mayor / ~) j> y/., " VII. j U7~?/ ~/, /?:.~ S san D. Hiott, City Clerk 'ty of Smyrna ,... Approved as to form: ! ~------ Scott A. Cochran, City Attorney ~e~~opterl October 17, 2005 ,.,.. 2