Agenda Regular Meeting of the Mayor and Council City of Chattahoochee Hills, Georgia April 11, 2017 / 6:30 p.m.

Transcription

1 Agenda Regular Meeting of the Mayor and Council City of Chattahoochee Hills, Georgia April 11, 2017 / 6:30 p.m. Call to Order Review and Approval of Agenda Approval of Minutes 1. Minutes of the Regular Meeting of March 7, 2017 Presentations / Proclamations 1. Greystone Right-of-Way Cutting update Tim Williams and Bill Sharpton, Greystone 2. State of the City address Mayor Reed Staff Reports Financial Update: Robbie Rokovitz Fire Department Report: Greg Brett Police Department Report: Stoney Mathis Public Works Report: Darold Wendlandt Community Development Report: Mike Morton Public Comments Public Hearing 1. Item : Public Hearing and Action to consider an application for a Special Event Limited Pouring License Wine and Malt Beverages. The name in which the license is to be issued Tough Mudder, Inc./Licensee Nicholas Pennink. The location of the special event 9445 Browns Lake Road, Chattahoochee Hills, GA. 2. Item17-871: Public Hearing and Action on an Ordinance to Revise and Amend the City of Chattahoochee Hills Sign Ordinance, Articles 4, 18, 19 and 27 to Comply with Recent Supreme Court Decisions and for Other Purposes. Unfinished Business (None) New Business 3. Item : Request for approval of overnight hours for the Tough Mudder event 4. Item : Award contract for Fire Station Roof Replacement 5. Item : Resolution approving the issuance of bonds by the Public Finance Authority and a plan of finance for the Chattahoochee Hills Charter School 6. Item : Approval of the Parks Commission 2017/2018 meeting schedule 7. Item : Approval of the Planning Commission 2017/2018 meeting schedule The City of Chattahoochee Hills Mayor and City Council encourage citizen participation in the government process. Should you by reason of a disability need a special accommodation or need accessibility information, please contact the City Clerk s office at

2 Mayor and Council Comments Executive Session (None) Adjourn Meeting Town Hall Session The City of Chattahoochee Hills Mayor and City Council encourage citizen participation in the government process. Should you by reason of a disability need a special accommodation or need accessibility information, please contact the City Clerk s office at

3 These minutes are provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This is an official record of the City of Chattahoochee Hills City Council Meeting proceedings. Minutes Regular Meeting of the Mayor and Council City of Chattahoochee Hills, Georgia March 7, 2017 / 6:30 p.m. Call to Order Mayor Reed called the meeting to order at 6:30 p.m. Councilmembers in attendance were James Stephens, Richard Schmidt, Claire Williams, Faye Godwin, and Don Hayes. All members were present. Also present was City Attorney Rick Lindsey. Mayor Reed led the assembly in the Pledge of Allegiance. Review and Approval of Agenda Mayor Reed requested that agenda be amended as follows: 1. Remove Agenda Item No Resolution appointing members to the Planning Commission 2. Add a presentation by Joe Barasoain, Director of Fulton County Emergency Services E911, recognizing Chattahoochee Hills for providing personnel and resources for Hurricane Matthew disaster incident Management in South Georgia Councilmember Schmidt made a motion to approve the agenda as amended. Councilmember Godwin seconded. The motion passed unanimously. Approval of Minutes 1. Minutes of the Regular Meeting of February 7, 2017 Councilmember Godwin made a motion to approve the minutes of the Regular Meeting of February 7, Councilmember Stephens seconded. The motion passed unanimously. Staff Reports Financial Update: City Manager Robert Rokovitz Mr. Rokovitz gave an update on the financials. The city is approximately 66 percent through the fiscal year. Revenue collections are at 81 percent and expenditures are at 60 percent. The budget process has started staff is working on revenue projections and anticipated expenditures. Fire Department Report: Greg Brett Chief Brett reported there have been 106 incident calls to date. Firefighter/Paramedic Jason Terry will be leaving the department because he was recently promoted to Battalion Chief for College Park Fire Department. Fire Chiefs from the south Fulton area met on March 6 th and updated the proposed contract with American Medical Response (AMR). The next steps are to present the proposed contract to each of the cities and then meet with AMR. Chief Brett explained state law requires patient transport services must be provided by a private entity. A fire department that did not already possess a patient The City of Chattahoochee Hills Mayor and City Council encourage citizen participation in the government process. Should you by reason of a disability need a special accommodation or need accessibility information, please contact the City Clerk s office at

4 These minutes are provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This is an official record of the City of Chattahoochee Hills City Council Meeting proceedings. transport license at the time the state law was enacted cannot obtained a license. Police Department Report: Stoney Mathis Chief Mathis reported there have been no personnel changes. This marks five months in a row with no personnel changes. There were two investigations in February one natural death and one burglary. Other statistics for February were 117 citations, 89 warnings, 18 parking citations, 20 arrests, and 26 reports. Public Works/Parks Report: Darold Wendlandt Mr. Wendlandt said that there will be a 5k/10k race being held in Cochran Mill Park on March 25 th. Staff has been working on the ball field at Rico Park to get ready for the upcoming ball season. Grading on Garretts Ferry Road is complete, and staff is currently working on Barnes Road. He also said that the equipment purchased to work on the dirt road will also be used to clip the sides of paved roads when paving starts. Community Development: Mike Morton Mr. Morton reported there were ten building permits, none of them for new residential construction, and five Certificates of Occupancy issued in February. At the upcoming March 16 th Planning Commission meeting, there will be a public hearing on the proposed sign ordinance. The Planning Commission has stated that they want public input on the sign ordinance. Presentations/Proclamations 1. Recognition of Chattahoochee Hills for providing personnel and resources for Hurricane Matthew disaster incident Management in South Georgia presented by Joe Barasoain, Director of Fulton County Emergency Services E911. Mr. Barasoain presented a proclamation from the Fulton County Board of Commissioners to Fire Chief Greg Brett and the city. He said that Chief Brett was an asset to the Georgia Incident Management Team that assisted in south Georgia after Hurricane Matthew. He thanked the city for allowing Chief Brett to be a part of that team. Public Comment Ben Hoffman, Hutcheson Ferry Road said he was happy with some of the changes in the proposed sign ordinance but there are still many signs in the city that would be in violation of the new ordinance. He cautioned the city to really look at what is trying to be accomplished with the proposed changes. Public Hearings City Attorney Rick Lindsey read the rules for the Public Hearings. 1. Item : Public Hearing and Action to consider an application for an Alcohol Beverage License for Off Premise Package Sales Wine and Malt Beverages. The name in which the license is to be issued MD Palmetto, Inc. D/B/A Thrift Food The City of Chattahoochee Hills Mayor and City Council encourage citizen participation in the government process. Should you by reason of a disability need a special accommodation or need accessibility information, please contact the City Clerk s office at

5 These minutes are provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This is an official record of the City of Chattahoochee Hills City Council Meeting proceedings. Mart/Licensee MD Dalwar Hossain. The location of the premises 3939 Cascade Palmetto Highway. Mayor Reed opened the Public Hearing. City Clerk Dana Wicher presented the item. The applicant is the new owner at the convenience store/gas station at 3939 Cascade Palmetto Highway. The previous owners had a license for beer package sales. The new owner applied for beer and wine package sales. The application was approved by staff. The applicant was present at the meeting and available to answer any questions. There was no public comment. Mayor Reed closed the public hearing. Councilmember Schmidt made a motion to approve Item No Councilmember Stephens seconded. The motion passed unanimously. 2. Item : Public Hearing and Action on an Ordinance Amending the Charter by Deleting Appendix B of the Charter in Its Entirety and Replacing It with a Revised Appendix B Adopted by the City Council Under the Home Rule Powers Found in O.C.G.A. Sections (b) and to Reapportion the City Council Districts 1 through 5 due to Annexation and as Otherwise Required by Law. Mayor Reed opened the Public Hearing. City Attorney Rick Lindsey presented the item. The reapportionment is required because of the annexations that were done in the last two years. He gave a summary of the history of the laws and the goals of redistricting. He also presented a comparison of the original districts, the 2011 districts, and the proposed districts. City Attorney Rick Lindsey read a written statement from Alton Powell. Mr. Powell stated the district lines need to be changed in District 4 in order to divide Serenbe into several districts. He said that candidates who live outside of Serenbe are at a disadvantage because the Homeowners Association restricts outside candidates from knocking on doors and contacting residents directly. Candidates who reside in Serenbe do not have this restriction and have a tremendous advantage. There was no other public comment. Mayor Reed closed the public hearing. Councilmember Hayes made a motion to approve Item No Councilmember Godwin seconded. Councilmember Schimdt asked if the vote should be postponed until the issue brought up by Mr. Powell was looked into. City Attorney Rick Lindsey responded that it was an issue separate from redistricting. Mayor Reed asked staff to look into the issue and called for the vote. The motion passed unanimously. The City of Chattahoochee Hills Mayor and City Council encourage citizen participation in the government process. Should you by reason of a disability need a special accommodation or need accessibility information, please contact the City Clerk s office at

6 These minutes are provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This is an official record of the City of Chattahoochee Hills City Council Meeting proceedings. 3. Item : Public Hearing and Action on an Ordinance to Amend and Revise Chapter 20 City of Chattahoochee Hills Zoning Ordinance and for All Other Purposes Related Thereto proposed changes to Accessory Dwelling Unit regulations. City Planner Mike Morton presented the item. The proposed changes replace the current code by limiting the size of an accessory dwelling unit to 960 square feet or to the floor area of the principal structure, whichever is smaller; limiting to one accessory dwelling per lot; and requiring the site plan identifies an off-street parking space. Additionally, the definition of an accessory dwelling is clarified to include an accessory unit within a principal structure. The Planning Commission voted 4-1 to recommend approval of the proposed revisions with an amendment to exclude stairwells and elevator when determining the size of the structure. There was no public comment. Mayor Reed closed the Public Hearing. Councilmember Godwin made a motion to approve Item No Councilmember Schmidt seconded. Councilmember Hayes said he was fine with the Planning Commission s recommended amendment. Councilmember Williams made a motion to amend the proposed ordinance to remove the square footage for stairwells and elevators when determining the size. Councilmember Godwin seconded. The motion to amend the proposed ordinance passed unanimously. The motion to approve Item No with the approved amendment passed unanimously. Unfinished Business (None) New Business 1. Item : First Reading of an Ordinance to Revise and Amend the City of Chattahoochee Hills Sign Ordinance, Articles 4, 18, 19 and 27 to Comply with Recent Supreme Court Decisions and for Other Purposes. City Planner Mike Morton presented the item. Review of the current sign ordinance was prompted due to a code enforcement complaint about a specific sign and recent Supreme Court decision. The City Attorney drafted proposed changes to the ordinance and the Planning Commission has recommended some additional changes. Public hearings are scheduled for the March 16 th Planning Commission meeting and the April 11 th City Council meeting. This is a first read and no action was taken. 2. Item : Resolution appointing members to the Parks Commission. Mayor Reed thanked Maribeth Wansley and John Graham for their service on the Parks Commission. Mayor Reed named the following as Parks Commission members: Diana Wilson, Kay Long, Roland Alston, Laurie Searle, and Tom Blum. Councilmember Schmidt made a motion to approve Item No Councilmember Godwin seconded. The motion passed unanimously. 3. Item : Resolution appointing members to the Planning Commission (Removed from Agenda) The City of Chattahoochee Hills Mayor and City Council encourage citizen participation in the government process. Should you by reason of a disability need a special accommodation or need accessibility information, please contact the City Clerk s office at

7 These minutes are provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This is an official record of the City of Chattahoochee Hills City Council Meeting proceedings. Mayor and Council Comments Councilmember Stephens thanked Fire Chief Greg Brett for all of his work on the Emergency Service delivery issue and for keeping it in the forefront. Mayor Reed pointed out what an amazing staff this little city has. He also gave his best wishes to Jason Terry. Executive Session (None) Adjourn Meeting Councilmember Godwin made a motion to adjourn the meeting. Councilmember Hayes seconded. The motion passed unanimously and the meeting adjourned at 7:32 p.m. Approved this day of April, Dana Wicher, City Clerk Tom Reed, Mayor The City of Chattahoochee Hills Mayor and City Council encourage citizen participation in the government process. Should you by reason of a disability need a special accommodation or need accessibility information, please contact the City Clerk s office at

8 City of Chattahoochee Hills, GA Fiscal Year General Fund Budget to Actual as of March 27, % of Year Lapsed Revenues: FY 2017 FY 2017 Actuals % Actuals Approved Budget Amended Budget March 2017 Collected March 2016 Property Taxes 1,250,000 1,250,000 1,160, % 1,099,966 L.O.S.T. 615, , , % 400,736 Intangible Tax 15,000 15,000 19, % 15,647 Motor Vehicle Tax 25,000 25,000 13, % 21,569 Motor Vehicle Tax - Ad Valorem 60,000 60,000 24, % 40,409 Real Estate Transfer Tax 8,000 8,000 7, % 6,304 Business & Occupation Tax 22,000 22,000 13, % 12,843 Insurance Premium Tax 135,000 $ 148, , % 137,021 Alcohol Beverage Tax 18,000 18,000 14, % 23,514 Franchise Fees 120, , , % 108,721 Licenses & Permits 55,000 55,000 67, % 74,376 Charges for Service 70,000 70,000 48, % 75,178 Charges for Service (Parking Fees) 20,000 $ 26,915 39, % 24,583 Charges for Service (Hunting Lease) 15,000 15,000 15, % 15,000 Intergovernmental (Conservation) 125, , % - Intergovernmetnal (CDBG) 50,000 50, % 97,628 Intergovernmental (LMIG Grant) 90,000 99,031 99, % 97,105 Intergovernmental (RTP) % 14,278 Fines & Forfeitures 150, , , % 95,682 Insurance Proceeds - - 3, % 7,497 Contributions & Donations - $ 5,045 5, % 6,547 Interest 1,000 1,000 1, % 977 Other Revenues - 33,517 33, % 2,847 Proceeds from Capital Lease - 560, , % - Use of Fund Balance From Prior Year % Subtotal: $ 2,844,000 $ 3,472,431 $ 2,916, % $ 2,378,429 Other Financing Sources: Hotel/Motel Tax 34,000 43,348 79, % 19,871 Subtotal Other Financing Sources: 34,000 43,348 79, % 19,871 Total Operating Revenue: $ 2,878,000 $ 3,515,779 $ 2,996, % $ 2,398,300 Expenditures: FY 2017 Approved Budget FY 2017 Amended Budget Actuals March 2017 % Expended Actuals March 2016 Mayor & Council 117, ,958 56, % 48,203 City Clerk 77,388 88,604 58, % 50,133 City Manager 133, ,961 89, % 85,510 General Administration 141, ,254 64, % 75,348 IT 44,224 44,224 21, % 26,314 Non-Departmental Insurance 132, , , % 100,668 Municipal Court 86,803 86,803 58, % 60,007 Police 718, , , % 445,843 Fire 624, , , % 429,831 Public Works 482, , , % 274,607 Engineering 5,000 11,344 3, % - Parks & Recreation 129, ,253 45, % 66,343 Community Development 63,796 63,796 42, % 40,369 Contingency - Reserved Fund Balance % - Unclassified - 9,348 (610) -6.5% - Subtotal: $ 2,758,719 $ 3,396,498 $ 2,195, % $ 1,703,177 Other Financing Uses: Interfund Transfer to E-911 Fund 49,700 49,700 50, % 66,315 Interest - Capital Lease 10,234 10,234 5, % 38,649 Capital Lease Payment 59,347 59,347 22, % 1,183 Subtotal Other Financing Uses: 119, ,281 78, % 106,147 Total Expenditures $ 2,878,000 $ 3,515,779 $ 2,274, % $ 1,809,324 Revenues in Excess of Expenditures $ - $ 0 $ 722,242 $ 569,105 Cash Flow June 30, 2016 (Balance) July 31, 2016 (Balance) August 31, 2016 (Balance) September 30, 2016 (Balance) October 31, 2016 (Balance) November 30, 2016 (Balance) December 31, 2016 (Balance) January 31, 2017 (Balance) February 28, 2017 (Balance) March 27, 2017 (Projected) 1,101, , , , ,260 1,241,255 2,048,786 1,976,707 1,906,901 1,860,407

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21 6505 Rico Road Chattahoochee Hills Georgia MAYOR Tom Reed To: From: Mayor and City Council Mike Morton, City Planner CITY COUNCIL James Stephens Richard Schmidt Claire Williams Faye Godwin Don Hayes CITY MANAGER Robert T. Rokovitz (770) Fax (770) Subject: Date: Sign Ordinance update recommendation from the City Attorney For the April 11, 2017 meeting A recent code enforcement complaint and recent Supreme Court decisions have prompted a review of the city s sign ordinance. Due to the way the sign ordinance is written, proposed revisions must be treated as zoning. Therefore, the revision process includes two reads in City Council and advertised hearings in both the Planning Commission and the City Council. The first read was on March 7 th. The first hearing was in the regular Planning Commission meeting on March 16 th. This meeting will include the public hearing before the City Council. Discussion The City Attorney s office recommended a set of changes to bring the city s ordinance into alignment with recent Supreme Court opinions. When the City Attorney presented the his work to the City Council, he specifically suggested that the Planning Commission and the City Council review the definition of a sign included in the ordinance to ensure that it matched local preferences. In discussions of the code enforcement question that prompted this review, it has been pointed out that there are a number of conditions currently in the city that would be considered violations based on our current, broad definition of a sign. Changes to this definition will be a key to the proper tuning of the ordinance. In addition to the definition that determines what is and is not considered a sign, the Sign Ordinance includes regulation of where signs can be placed ad how large they may be. It cannot, though, include different regulations based on the content or purpose of the sign. Some examples that were a part of the discussion in the City Council include the schoolhouse sign on a house at Hutcheson Ferry Road, a hypothetical cross with the word Believe on a house or in a yard, and a hypothetical antique gas station sign on the side of a barn.

22 First Planning Commission Discussion On February 16 th, the Planning Commission began its discussion of the Sign Ordinance and recommended the following changes to the proposed ordinance: The definition of a sign in the proposed ordinance with edits recommended by the Planning Commission: Sign. Any device, fixture, placard or additional structure, or painting on a structure, that uses any color, form, graphic, illumination, symbol or writing to announce, direct attention to, identify, or advertise or otherwise communicate information of any kind to the public. Regulations based on location Currently neither a residence nor an agricultural use is allowed to have a wall sign (except that a Home Occupation may have a two-square-foot wall sign). The Planning Commission recommends the following: Allow a residence to have a wall sign no larger than nine square feet on main house, and without limits on accessory structures when not visible from the road. Allow an agricultural use to have a wall sign up to 32 square feet. These Planning Commission recommendations were not incorporated in the attached ordinance. If the City Council chooses to adopt these recommendations it would do so as amendments to the ordinance. The Planning Commission also strongly requested additional public input. City Council Discussion In the March City Council work session, questions were raised about the following sections: 19.I (page 13) Strict interpretation would make it illegal to park a marked business vehicle at your house. Consider adding an exception for operable, registered vehicles actively used for business, or something similar. 23.C (page 15) The 10 foot setback requirement might be too much for standard informational signs. It would mean small signs like real estate signs or political signs might be difficult to read. Possibly consider limiting the types of signs this applies to or change the setback altogether. At the City Council meeting, the following public comment was made: Ben Hoffman, Hutcheson Ferry Road said he was happy with some of the changes in the proposed sign ordinance but there are still many signs in the city that would be in violation of the new ordinance. He cautioned the city to really look at what is trying to be accomplished with the proposed changes. (excerpt from minutes) Mr Hoffman provided two examples he s observed of conditions that would still be caught up in the ordinance: an American flag made of Christmas lights and the mural on the side of the scout hut. Staff is not familiar with the first example, but would consider the second example grandfathered. Grandfathered or not, the scout hut example still warrants discussion as it relates to possible future proposed murals. 2

23 Planning Commission Public Hearing and Second Discussion On March 16 th the Planning Commission held a public hearing on the proposed revisions. The draft minutes from that public hearing are attached. The Commission felt ready to recommend adoption of the City Attorney s proposed changes to the sign ordinance, but that further substantive changes require further consideration and more public input. They would like to begin that process right away. The Planning Commission further recommended that the city not take code enforcement action on the Bluebird Schoolhouse sign until the further revision of the sign ordinance is complete. In other words, the city should hold off on adopting the Planning Commission s previous recommendations or other revisions until a more thorough review of the ordinance and of public opinion has taken place. Further Consideration Upon further consideration of the concerns raised by the City Council in the March work session and other issues that have been a part of the sign ordinance discussion, a set of potential changes were provided by staff to members of the City Council. These possible changes are attached here. These possible changes would address some of the concerns with the existing sign ordinance. If the City Council decides to adopt any of these changes, it would do so as amendments to the proposed ordinance. Schedule: This is the second and last scheduled public hearing. Attachments: Planning Commission hearing draft minutes Sign Ordinance redline Proposed ordinance as prepared by the City Attorney s office Possible Changes as discussed 3

24 These minutes are provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by the Commission, but not quoted. This is an official record of the City of Chattahoochee Hills Planning Commission Meeting proceedings. Excerpt of the Draft Minutes of the Regular Meeting of the Planning Commission City of Chattahoochee Hills, Georgia March 16, 2017/6:00 p.m. Public Hearings 1. Sign Ordinance proposed revision Mr. Simpson asked Mayor Reed to give a history of the sign ordinance. Mayor Reed said the city had initially adopted the Fulton County Sign Ordinance. When the city went through the Zoning Ordinance rewrite, a lot of discussion was about doing no harm and not impeding what citizens had historically done some minor changes were made to the sign ordinance to reflect that. The current discussion stems from recent Supreme Court decisions, and changes to our sign ordinance that the City Attorney has recommended to stay in compliance with national law. Mr. Simpson opened the Public Hearing. Susan Tillander, 9900 Woodruff Road said she had attended almost all of the Comp Plan meetings last year and it was clear that there is not a shared vision. People do not want everything to look the same. She also had discussions with people about the sign that prompted some of the changes to ordinance, and the conclusion was most people value freedom of expression the most. Marcia Lee, 6520 Rico Road said that she agreed with Susan Tillander. Hamlets can be restrictive, but rural is rural and people need to be left alone. Ben Hoffman, Hutcheson Ferry Road said that there needs to be a unified idea and definition of rural character before an ordinance is written. Without it, random numbers are just being thrown out and the size regulations do not always make sense. The city also needs to be cautious about regulating things already in the community like the mural on the Boy Scout House on Rico Road. Betty Ferdinand, Hutcheson Ferry Road (comments read into the record by the City Clerk) the residence on Hutcheson Ferry Road displaying the Schoolhouse sign was marketed as possible commercial and the size of the sign speaks to a commercial intent. If the proposed sign ordinance passed, sign litter will grow and the countryside will give way to sprawling sign blight. She asked that the revised sign ordinance not be approved. Complete comments were submitted for the record. The City of Chattahoochee Hills Mayor and City Council encourage citizen participation in the government process. Should you by reason of a disability need a special accommodation or need accessibility information, please contact the City Clerk s office at

25 These minutes are provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by the Commission, but not quoted. This is an official record of the City of Chattahoochee Hills Planning Commission Meeting proceedings. Victorena Datin, Henry Mill Road said she agreed with Susan Tillander and Marcia Lee. She does not think sign permits should be required for residential and people should be able to do what they want. People can look the other way if they do not like something. Cory Nestlehutt, 8820 Waktins Road asked a question about the fence that was built on Atlanta-Newnan Road and then taken down. Mr. Simpson said the question would be answered after the public hearing. Tom Reed, 9171 Selborne Lane said he was a huge first amendment right person but the reality is people often call the city to complain. There are things, like blinking light signs, that may bother neighbors. Rules and processes are needed for those sorts of things. He agreed that the sign ordinance is not perfect, but there are many issues that must be balanced into one ordinance. Mr. Simpson closed the Public Hearing. City Planner Mike Morton presented the item. He read the proposed changes to the ordinance. The proposed changes to the ordinance are only those recommended by the City Attorney and did not include the recommendations made by the Planning Commission at the last meeting. After discussion between Commission members, the consensus was that the changes recommended by the City Attorney to address the recent Supreme Court decision should be made now but more community input is needed before other changes are made to the sign ordinance. Mr. Prater made a motion to recommend adoption of the City Attorney s proposed sign ordinance revisions and to defer action on the Bluebird Schoolhouse sign until more public input is received. Ms. Cailloux seconded. After further discussion, Mr. Prater amended the motion to recommend adoption of the City Attorney s proposed sign ordinance revisions and to recommend that no code enforcement action be taken on the Bluebird Schoolhouse sign until more public input is received. Ms. Cailloux seconded. The motion passed unanimously. The City of Chattahoochee Hills Mayor and City Council encourage citizen participation in the government process. Should you by reason of a disability need a special accommodation or need accessibility information, please contact the City Clerk s office at

26 Sign Ordinance-ADOPTED_ SIGNS Article 1: General Provisions Article 2: Purpose And Findings Article 3: Incorporation Of Zoning By Reference Article 4: Definitions Article 5: Powers And Duties Of Personnel Article 6: Applicability Article 7: Permit Required Article 8: Fees Required Article 9: Application Content Article 10: Comprehensive Sign Plan Article 11: Application Rejection Article 12: Permit Revocation Article 13: Zoning Ordinance Requirements Article 14: Variance Article 15: Suspension, Revocation Article 16: Expiration Date Article 17: City Occupation Tax Certificate, Public Liability Insurance Required Article 18: Signs Which Require No Permit Article 19: Prohibited Signs And Devices Article 20: Violations; Penalties Article 21: Nonconforming Signs Article 22: Removal Of Unlawful Or Dangerous Signs Article 23: Sign Location Article 24: Measurement Of Sign Area Article 25: Measurement Of Sign Height Article 26: Construction Standards Article 27: Restrictions Based On Location Article 28: Severability ARTICLE 1 GENERAL PROVISIONS This Article shall hereafter be known and cited as the City of Chattahoochee Hills Sign Ordinance. ARTICLE 2 PURPOSE AND FINDINGS A. Purpose. This Article was enacted with the following purposes: 1. To protect the rights of individuals and Businesses to convey their messages through Signs; 2. To encourage the effective Use of Signs as a means of communication; 1

27 Sign Ordinance-ADOPTED_ To promote economic Development; 4. To improve traffic and pedestrian safety as it may be affected by distracting Signs; 5. To prevent the destruction of the natural beauty and environment of the City; 6. To protect the public health, safety, and general welfare; 7. To restrict the continued existence of abandoned or non-conforming Signs unless in compliance with the terms of this Article and to eliminate, over time, all nonconforming Signs; 8. To ensure the fair and consistent enforcement of Sign standards; and 9. To make it easier, quicker, and more economically efficient to apply for a Sign permit. B. Findings. 1. The City finds that Signs are a proper Use of private Property, are a means of personal free expression and a necessary component of a commercial environment. As such, Signs are entitled to the protection of the law. In the absence of regulation, however, the number of such Signs tends to proliferate, with Property owners desiring ever increasing numbers and sizes of Signs, leading to cluttered and aesthetically blighted Thoroughfares. In addition, the competition among competing Sign owners for visibility of their Signs contributes to safety hazards for both vehicles and pedestrians and undermines the Sign owners' original purpose of presenting a clear message of its idea or identification of its premises. 2. The City further finds that the regulation of the size, Height, number and spacing of Signs is necessary to protect the public safety, to assure compatibility of Signs with surrounding land Uses, to enhance the Business and economy of the City, to protect the public investment in Thoroughfares, to maintain the tranquil environment of Residential areas, to promote industry and commerce, to eliminate visual clutter and blight, to provide an aesthetically Appealing community compatible with its rural setting, to protect the natural environment, and to provide for the orderly and reasonable display of advertising for the benefit of all the City's citizens. 3. The City further finds that there is a substantial difference between Signs erected by public authority and Signs erected by private citizens or Businesses. Signs erected by public authority are virtually all erected for the purpose of maintaining the public safety either through direct control of traffic or through provision of such type Signage as Thoroughfare Signs which enable the traveling public to know where they are located and to find where they are going. As such, The City s Wayfinding program is a tool developed and maintained to control the visual appearance of public signage in order to safely communicate services and locations available to the traveling public. With the exception of Signs identifying government Buildings, virtually all government Signs are erected purely for public safety purposes. Moreover, their use in the Public Right-of- Way is necessary to ensure their visibility to the motoring public. The City Council finds that public utility Signs are frequently of the same nature as those Signs erected by governmental entities in that they provide necessary information to safeguard the public from downed power lines and from Thoroughfare excavations. Even where Signs serve a propriety purpose, such as identifying markings on utility poles, those Signs are marked primarily for the purpose of benefiting the public generally through identification of locations where there may be temporary losses of power. 2

28 Sign Ordinance-ADOPTED_ The City further finds that some Signage has a single targeted function and that identification of such Signage by description is impossible without referring to its function. For instance, address numerals are used for the sole purpose of locating addresses, which is of benefit to Persons looking for those addresses and is essential to public safety personnel responding to emergencies. Subdivision Signs at the entrances to Subdivisions favor a similar purpose in enabling both the traveling public and emergency personnel to quickly locate Subdivision entrances for the purpose of either visitation or responding to emergency calls. While such Signage is referenced based upon the function it serves within the context of this ordinance, the bulk of the provisions of this Zoning Ordinance are unrelated to the content of the speech provided and allow maximum expressive potential to Sign owners. ARTICLE 3 INCORPORATION OF ZONING BY REFERENCE The City of Chattahoochee Hills has adopted a Zoning Ordinance and an Official Zoning Map which, together with all explanatory matter thereon, are hereby adopted and incorporated by this reference and hereby made a part of this Ordinance. ARTICLE 4 DEFINITIONS Words and phrases used in this Article shall have the meanings set forth in this Section. Words and phrases not defined in this Section, but defined in the Zoning Ordinance of the City of Chattahoochee Hills, shall be given the meanings set forth in such Zoning Ordinance. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this Article. Abandoned Sign. Any Sign that contains or exhibits broken panels, visible rust, visible rot, damaged Support Structures, or missing letters or which is otherwise dilapidated, unsightly, or unkempt, and for which no Person accepts Maintenance responsibility. Animated Sign. Any Sign, or part of a Sign, that uses any movement or change of lighting or color to depict action or create a special effect or scene. Applicable Wall Area. The wall on which a Wall Sign is attached including all walls and windows that have the same Thoroughfare or pedestrian orientation. All open air spaces shall be excluded from the Applicable Wall Area. Audible Sign. Any Sign which emits a sound which is audible or emits a signal which can be converted into audible sounds, whether by radio or other means. Awning/Canopy Sign. Any Sign that is a part of, or attached to, an awning, Canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a Canopy. 3

29 Sign Ordinance-ADOPTED_ Banner. A Sign other than a Flag with or without characters, letters, illustrations or ornamentation applied to cloth, paper, or fabric that is intended to be hung either with a frame or without a frame. Neither flags nor Canopy Signs are considered Banners. Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same Lot as the light source; also, any light with one or more beams that rotate or move. Billboard. A Freestanding Sign with an area of more than 72 square feet. Blade Sign. A sign, attached to a wall on one side, and projecting out from the wall, with (a) sign face(s) perpendicular to the wall. Changeable Copy Sign. Any Sign that incorporates changing lights, lettering, or images to form a Sign message or messages, whether such changes are accomplished electronically or manually. Directory Sign. A single Sign for multiple Businesses, Offices, professionals, industries, or other entities located within a planned center. Fall Zone. An area equal to 133 percent of the Height of the Structure in every direction. Flag. Any fabric or bunting containing colors, patterns, or symbols used as a symbol of a government or other entity or organization or used to communicate information of any kind to the public. Flashing Sign. A Sign, the Illumination of which is not kept constant in intensity at all times when in Use and which exhibits marked changes in lighting effects. Freestanding Sign. Any Sign supported by Structures or supports that are placed on, or anchored in, the ground and that are independent from any Building or other Structure. A permanently affixed Sign which is wholly independent of a Building for support with a base of a width not less than the width of the Sign Face. May be externally illuminated Height, Sign. The elevation measured from Grade level adjoining a Sign to the highest point on the Sign; except that when measuring a free-standing Sign, any part of which is located below the centerline of an Adjoining Thoroughfare, said Sign shall be measured from the elevation of the centerline of the Thoroughfare to the highest point on the Sign. Illuminance. The quantity of light arriving at a surface divided by the area of the illuminated surface, measured in Foot Candles. Horizontal Illuminance applies to a horizontal surface, vertical Illuminance applies to a vertical surface. Average Illuminance is the level of Illuminance over an entire illuminated target area. Maximum Illuminance is the highest level of Illuminance on any point within the entire area; minimum Illuminance is the lowest level of Illuminance on any point within the entire area. Illuminance Levels. Illuminance Levels and Foot Candles noted in this ordinance mean the maintained Illuminance Levels; the Illuminance Levels occurring just prior to Lamp replacement and Luminaire cleaning. The average Illuminance Level applies to an entire illuminated target area. Minimum and maximum Illuminance Levels apply to small areas within the entire illuminated target area. Unless otherwise noted, Illuminance Levels refer to horizontal Illuminance Levels. Illumination. Direct Illumination is Illumination that is projected from within a Sign, Building, or similar Structure. Indirect Illumination is Illumination that is projected onto a Sign, Building, or similar Structure. 4

30 Sign Ordinance-ADOPTED_ Illuminated Sign, External. A Sign illuminated by an external light source. Such source cannot be a device that changes color, flashes or alternates. Illuminated Sign, Internal. A Sign illuminated by an internal light source. Such source cannot be a device that changes color, flashes, or alternates. Lamp. The component of an outdoor Luminaire that produces light. Maintenance. The upkeep of a Sign for the purpose of maintaining safety and appearance which may include painting, bulb replacement, panel replacement, letter replacement, repair of electrical components, and structural reinforcements to its original condition. Marquee Sign. Any permanent roof-like Structure projecting beyond a Building or extending along and projecting beyond the wall of the Building, generally designed and constructed to provide protection from the weather. Moving Sign. A Sign which revolves, rotates, swings, undulates, or otherwise attracts attention through the structural movement of parts. Multi-tenant. One or more Buildings, located on a single premise, containing two (2) or more separate and distinct individual establishments, which occupy separate portions of the Building and which are physically separated from each other by walls. Obscene. As defined in Georgia Code section , Mmaterial is Obscene if to the average Person, applying contemporary community standards, taken as a whole, it predominantly Appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion; the material taken as a whole lacks serious literary, artistic, political or scientific value; and the material depicts or describes, in a patently offensive way, sexual conduct specifically defined as: (A) acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated; (B) acts of masturbation; (C) acts involving excretory functions or lewd exhibition of the genitals; (D) acts of bestiality or the fondling of sex organs of animals; or (E) sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship. Out of Store Marketing Device. An Out of Store Marketing Device is any facility or equipment which is located outside of a primary Building on a site zoned for Non Residential Uses, which is used for the primary purpose of providing a product or service without the owner s immediate presence, and which is manufactured to include a color, form, graphic, Illumination, symbol, and/or writing thereon to communicate information regarding the product or service provided thereby to the public. Examples of out-of-store marketing devices include: fuel pumps, bank ATM units, vending machines, newspaper racks, drink machines, ice boxes, and phone booths. Pennant, Streamer. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. Permanent Sign. Any Sign which, when installed, is intended for permanent Use. A permanent Freestanding Sign shall be of a type and construction as not to be easily or readily removed from the Lot on which it has been erected. Permit. A Sign permit reviewed, approved, and issued by the Director. Permittee. The Person and/or entity owning or leasing the land on which the Sign is erected or for which an application has been submitted. 5

31 Sign Ordinance-ADOPTED_ Person. A natural or legal person, including a firm, organization, partnership, trust, and corporation. Portable Sign. A Sign which is not permanently affixed to the ground or to a Structure, including but not limited to signs on trailers or signs mounted or painted on vehicles which are parked in such a manner as to serve the purpose of a Sign. Projecting Sign. Any Sign which is suspended or projected from the wall, eave, or soffit of the Building. Public Sign. Any Sign erected by a governmental entity. Roof Sign. Any Sign erected and constructed wholly on and over the roof of a Building, or supported by the roof Structure. Sign. Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to announce, direct attention to, identify, advertise or otherwise communicate information of any kind to the public. Sign Face. That part of a Sign that is or can be used for advertising purposes. Spill Light. The light that illuminates surfaces beyond the intended area of Illumination caused by the uncontrolled Direct Light component from the Luminaires. Standard Informational Sign. A Sign with an area of not greater than three (3) square feet, with a Sign Face made for short term Use, containing no reflecting elements, flags, or projections and which, when erect, stands at a Height not greater than three (3) feet and is mounted on a stake or metal frame with a thickness or diameter not greater than one and one-half (1½) inches. Suspended Sign. Any Sign which is suspended from the eave or soffit of the Building. Temporary Sign. Any Sign that is not permanently mounted. Tenant Panels. An On-Premise Sign panel(s) that lists the name of tenants within a shopping center or Development which the primary Sign identifies[hr1]. Wall Sign. Any Sign attached parallel to a wall, painted on the wall surface or erected and confined within the limits of an outside wall of any Building or Structure, which is supported by such wall or Building and which displays only one Sign surface. No Wall Sign shall extend more than six (6) inches from any wall, Building, or Structure. Window Sign. Any Sign that is placed inside a window or upon the window panes or glass, either inside or outside the Building, and is visible from the exterior of the Structure. ARTICLE 5 POWERS AND DUTIES OF PERSONNEL The Director is hereby authorized and directed to administer and enforce this Article, unless otherwise specifically provided by resolution of the City of Chattahoochee Hills City Council. ARTICLE 6 APPLICABILITY The standards of this Article shall apply to all signs erected within the corporate limits of the City. 6

32 Sign Ordinance-ADOPTED_ ARTICLE 7 PERMIT REQUIRED Except where specifically not required by the standards of this Article, it shall be unlawful for any Person to post, display, materially change, or erect a Sign in the City without first having obtained a Sign Permit. Notwithstanding the foregoing, signs which are not visible from a Public Right-of-Way or from neighboring properties shall not be subject to the standards of this Article. ARTICLE 8 FEES REQUIRED No Permit shall be issued until the appropriate application has been filed with the Director and fees, as set from time to time by Resolution of the City Council, have been paid. ARTICLE 9 APPLICATION CONTENT Applications for Sign permits required by this Article shall be filed along with two (2) additional copies by the Person owning the subject Lot, or the owner s agent with express permission of the owner. The application shall describe and set forth the following: A. The type and purpose of the Sign as defined in this Article. B. The value of the Sign. C. A drawing to Scale showing the Thoroughfare address of the Property upon which the subject Sign is to be located, the proposed location of subject Sign on subject Property, the distance of the proposed Sign from the subject Property s boundaries, and all existing Structures or Buildings on the subject Property. D. The square foot area per Sign and the aggregate square foot area if there is more than one (1) Sign Face. E. The name(s) and address(es) of the owner(s) of the real Property upon which the subject Sign is to be located. F. Written consent of the owner of the Property, or his/her agent, granting permission for the placement, Maintenance, size, and Height of the subject Sign to be placed on the Property. G. For Wall Signs: Two sets of Building elevations. H. The name, address, telephone number, and Business license number of the Sign contractor. All applicants for signs which incorporate electricity must obtain an electrical permit. I. Sign details, including a proposed color scheme of Sign, and Scaled elevation of the size and Height of the proposed Sign from Ground Level and adjacent Thoroughfare level. J. The Zoning District in which the subject Property is located, and a statement of compliance with all requirements of the Zoning District. ARTICLE 10 COMPREHENSIVE SIGN PLAN 7

33 Sign Ordinance-ADOPTED_ The comprehensive sign plan is a program that may allow developers, business owners, residential communities, or other such projects to request special consideration of signs that are specifically integrated into the overall architectural style or theme for that project. Because signage serves an important role in the overall site design and aesthetic, a comprehensive sign plan can create an effect both desired and unique that will enhance the overall environment of the development. However, it is not the intent of this section to be used to request relief of the sign regulations in order to circumvent any requirements or purpose of this ordinance; signs prohibited under the sign regulations may not be approved in a Comprehensive Sign Plan. A. Condition of Plan Approval. Comprehensive sign plans may be required by the city council or planning commission as part of any project approval. B. Application Information. Any comprehensive sign plan application shall be submitted to the planning department. The application shall describe and set forth the following: a. The type and purpose of the Sign as defined in this Article. b. The value of the Sign. c. A drawing to Scale showing the Thoroughfare address of the Property upon which the subject Sign is to be located, the proposed location of subject Sign on subject Property, the distance of the proposed Sign from the subject Property s boundaries, and all existing Structures or Buildings on the subject Property. d. The square foot area per Sign and the aggregate square foot area if there is more than one (1) Sign Face. e. The name(s) and address(es) of the owner(s) of the real Property upon which the subject Sign is to be located. f. Written consent of the owner of the Property, or his/her agent, granting permission for the placement, Maintenance, size, and Height of the subject Sign to be placed on the Property. g. For Wall Signs: Two sets of Building elevations. h. The name, address, telephone number, and Business license number of the Sign contractor. All applicants for signs which incorporate electricity must obtain an electrical permit. i. Sign details, including a proposed color scheme of Sign, and Scaled elevation of the size and Height of the proposed Sign from Ground Level and adjacent Thoroughfare level. j. The Zoning District in which the subject Property is located, and a statement of compliance with all requirements of the Zoning District. C. Authority and Review. The planning commission shall have the authority under the conditions provided in this chapter to permit the utilization of comprehensive sign plans and may approve signs that are more restrictive than the sign regulations set forth in this chapter. a. All comprehensive sign plan requests shall be heard by the planning commission at a public hearing. The applicant, their authorized agent, property owners and operators of the businesses affected shall be notified by mail of the time and place of the hearing. 8

34 Sign Ordinance-ADOPTED_ b. Exceptions to the sign regulations in this chapter may be permitted, provided the planning commission finds that the comprehensive sign plan as a whole is in conformity with the purpose of this chapter and such exceptions are for the general welfare resulting in an improved relationship among the various signs, building facades, or overall project covered by the plan. c. The planning commission may require special conditions on approved plans such as, but not limited to, bonds or other type of security to ensure the removal or abatement of signs that are abandoned or are in violation of any condition of an approved plan, or a time schedule for any sign program where signage is not considered permanent. d. An approved comprehensive sign plan may be changed or modified subject to the same process as a new application. e. The planning director may grant minor changes to an approved comprehensive sign plan provided any such change does not alter the overall architectural design or style of signs approved by such plan, and there is no increase in the total area of signs. D. Future Signs. A comprehensive sign plan may be approved where signs for outparcels or other such detached future buildings have not been identified and considered under such approved plan. In these instances, unless otherwise conditioned, such future signs shall be subject to the requirements of the zoning district. E. Existing Signs as Part of a Comprehensive Sign Plan. If any new or amended comprehensive sign plan is filed for property on which existing signs are located, those signs shall be integrated into the plan and shall be in compliance with that plan prior to issuance of a permit for any new sign permitted under said plan. F. Permits Prohibited Until Decision Rendered. No permit shall be issued for any sign on property where a comprehensive sign plan has been applied for and is pending a decision from the planning commission. G. Withdrawal of Plan. An approved comprehensive sign plan may be withdrawn by the applicant provided: (1) it is not required as a condition of project approval; (2) no signs have been installed pursuant to such plan; (3) all signs installed since approval of said plan comply with the requirements of the zone district in which they are located; or (4) all signs in the center or project comply with the provisions of the zone district in which they are located. The withdrawal shall be submitted in writing to the planning department. H. Binding Effect. After approval of a comprehensive sign plan, no signs shall be erected, placed, painted, installed, or otherwise permitted, except in conformance with said plan. The plan shall be enforced in the same manner as any other provision in this chapter. The comprehensive sign plan shall be attached to the lease agreements or sale of space within the project and becomes binding for the entire site for both existing and future owners/tenants. In case of any conflict between the provisions of the plan and this chapter, the approved plan shall control. 9

35 Sign Ordinance-ADOPTED_ ARTICLE 11 APPLICATION REJECTION A. Incomplete; False. The Director shall reject any application that is incomplete or inaccurate, that contains false material statements or omissions, or that is for a Sign which would violate any standard within this Article within 45 business days of receipt of said application. The Director may reject at any time prior to the expiration of the 45 day period, if the application is incomplete, inaccurate or contains false material statements or omissions, by returning the application to the applicant. B. Processing Time; Denial. The City shall process all complete and accurate Sign Permit applications within 45 Business days of the City s actual receipt of a complete and accurate application and upon remittance of the appropriate Sign Permit fee. The Director shall give notice to the applicant of his/her decision by hand delivery or by mailing such notice by certified mail, return receipt requested, to the address on the Permit application on or before the 45th Business day. If the decision of the Director is to deny the application, the decision shall state the grounds upon which the denial is based. Failure of the City to act within the 45 day period shall be deemed a denial of the Permit. If notice is mailed in conformity with this Section, notice shall be deemed to have been given upon the date of mailing. Any application meeting the standards of this Article will be granted. Any application not meeting the standards of this Article will be denied. C. Appealable. A rejection pursuant to this Section shall be Appealable pursuant to the procedures for Zoning Appeals outlined in the Zoning Ordinance. However, notwithstanding the foregoing, a final decision will be rendered within 90 days from date an Appeal is filed. If a final decision is not rendered within the 90 day period, the decision sought to be Appealed shall be affirmed. D. Resubmission. A rejected application later resubmitted in conformity with this Article shall be deemed to have been submitted on the date of resubmission, instead of the original submission date. An application which is resubmitted shall meet all the standards for an original application. ARTICLE 12 PERMIT REVOCATION Should it be determined that a Sign Permit was issued pursuant to an application containing a false material statement or omission, the Director shall revoke said Permit and the subject Sign shall be immediately removed. A revocation pursuant to this Section shall be Appealable pursuant to the procedures for Zoning Appeals outlined in the City s Zoning Ordinance. However, notwithstanding the foregoing, a final decision will be rendered within 60 days from date an Appeal is filed. If a final decision is not rendered within the 60 day period, the decision sought to be Appealed shall be affirmed. The Permit for any Sign not meeting the standards of this Article will be revoked. ARTICLE 13 ZONING ORDINANCE REQUIREMENTS 10

36 Sign Ordinance-ADOPTED_ So long as an application conforms to the standards and procedures of this Article, the applicant is exempted from any additional standards, excepting any standards relating to color, and procedures relating to signs in the City s ordinances regulating Zoning. ARTICLE 14 VARIANCE A. Timing. The City Council shall hear and decide upon a Variance within 90 days of the submission of a complete and accurate application. B. Procedure. Except as modified by this Article, the procedures for requesting a Variance from the standards of this Article shall be the same procedures as that for seeking a Variance from the City s ordinances regulating Zoning. C. Standards. The standards which shall be considered for granting a Variance from the standards of this Article shall be only the following: 1. The topography of the Lot on which the Sign is located or to be located renders it impossible to comport with the strict standards of this Article. 2. The natural features of the Lot on which the Sign is located or to be located, or of the land immediately adjacent to the Lot, impairs the visibility of the Sign such that it cannot be seen. ARTICLE 15 SUSPENSION, REVOCATION A. Violation. Violation of any provision of this Article shall be grounds for terminating the Permit granted by the City to the Permittee or the Person or entity erecting the Sign. No Permit shall be suspended, revoked or canceled except for due cause, as hereinafter defined, and until after the Permittee is granted a public hearing before the City Council. B. Hearing. The Permittee shall be given 10 Business days written notice of the time, place, and purpose of the hearing, with a statement of the reason for the suspension, revocation, or canceling of such Permit and/or license. Due cause is the violation of the standards of this Article. The termination of the Permit does not in any way preclude the Person or Persons alleged to have violated the standards of this Article from being tried or preclude the City from taking any other action authorized by this Code and/or any action authorized by law. ARTICLE 16 EXPIRATION DATE A Sign Permit shall become null and void if the Sign for which the Permit was issued has not been installed and completed within six (6) months after the date of issuance; provided, however, that where an applicant can demonstrate that a commercial entity was timely engaged to construct the permitted Sign, but the fabrication has not yet been completed, one (1) 90 day extension may be granted by the Director. No refunds shall be made for a Permit 11

37 Sign Ordinance-ADOPTED_ after the Permit is issued. If later an individual desires to erect a Sign at the same location, a new application for the Sign must be processed and another fee paid in accordance with the fee schedule applicable at such time. ARTICLE 17 CITY OCCUPATION TAX CERTIFICATE, PUBLIC LIABILITY INSURANCE REQUIRED It shall be unlawful for any Person to engage in the Business of erecting or maintaining signs within the City, unless and until such entity shall have obtained a City occupation tax certificate and a certificate of insurance from an insurance company authorized to do Business in the state evidencing that the entity has in effect public liability and Property damage insurance in the sum of $25, for Property damage for any one (1) claim, and public liability insurance in an amount not less than $100, for injuries, including accidental death to one (1) Person. The certificate of insurance shall state that the insurance carrier shall notify the City 30 days in advance of any termination and/or restriction of the coverage, including non-renewal, cancellation, and nonpayment of any premium. ARTICLE 18 SIGNS WHICH REQUIRE NO PERMIT The following shall not count toward the total amount of signage allowed and nno Permit is required for the following so long as all standards in this Article and Article 27[HR2] are met, including those set forth below: A. Numerals displayed for the purpose of identifying Property location not to exceed eight (8) inches in Height; B. Flags; C. Window Signs; D. Door signs not to exceed one (1) square foot in size and not more than one (1) Sign per door; and E. Standard Informational Signs in all Districts. E.F. Temporary holiday decorations used to celebrate a single holiday or season[hr3]. ARTICLE 19 PROHIBITED SIGNS AND DEVICES The following types of signs are prohibited in the City: A. Signs. Any Sign not specifically identified in this Article as a permitted Sign. B. Balloons; Streamers. Balloons, streamers or air or gas filled figures. Notwithstanding the foregoing, any holiday decorations as defined in Article 18, Section F above are exempted from this prohibition. C. String Lights. Signs consisting in whole or in part of a series, line, or row of lights, whether supported by cables or other physical means, within 150 feet of a Thoroughfare and visible 12

38 Sign Ordinance-ADOPTED_ therefrom. Notwithstanding the foregoing, any holiday decorations as defined in Article 18, Section F above are exempted from this prohibition.holiday lights and decorations displayed not more than 30 days before a holiday shall be exempted from this Section. D. Beacons; Search Lights; Laser. Promotional Beacons, search lights or laser lights or images. E. Audible Signs. Audible Signs. F. Signs in Right of Way. Signs in a public right of way, other than those belonging to a government, public service agency, or railroad. G. Signs on Tree or Utility Pole. Signs mounted or located on a Tree, utility pole, or other similar Structure. H. Roof Signs. Roof Signs and signs which extend vertically above any portion of a roof or parapet of the applicable wall. I. Portable Signs. Portable Signs, including signs attached to any parked vehicle or trailer, so as to be visible from a public right-of way. J. Obscene Signs. Signs which depict Obscene material. K. Illegal Activity Signs. Signs which advertise an activity which is illegal under federal, state or local laws. L. Signs Not Maintained. Signs not in good repair, in violation of codes, or containing or exhibiting broken panels, visible rust, visible rot, damaged Support Structures, or missing letters. M. Abandoned Signs. Abandoned signs. N. Animated; Flashing. Animated signs, Flashing Signs, and Changeable Copy Signs which change more than once per 24 hours within 150 feet of a Thoroughfare right of way. O. Imitation Traffic Signs. Signs which contain or are an imitation of an official traffic Sign or signal or contain the words stop, go, slow, caution, warning, or similar words in such a manner as to resemble official traffic control signs. P. Billboard. A Freestanding Sign with an area of more than 72 square feet. ARTICLE 20 VIOLATIONS, PENALTIES A. Noncompliance. No Person shall erect or cause to be erected any Sign which does not comply with the standards of this Article. B. Dangerous or Defective. No Person shall maintain or permit to be maintained on any premises owned or controlled by that Person any Sign which is in a dangerous or defective condition. Any such Sign shall be removed or repaired by the Permittee of the Sign, the owner of the premises, or as otherwise provided for in this Article. C. Separate Violation. Each Sign installed, created, erected or maintained in violation of this Article shall be considered a separate violation when applying the penalty portions herein. D. Public Nuisance. Any violation of this Article is hereby declared to be a public nuisance. E. Notice. The Director shall give the Permittee 10 to 30 days written notice, based on the practical considerations of completing measures to comport with the standards of this Article, to correct the deficiencies or to remove the Sign(s) which is in violation of this Article. If the Permittee refuses to correct the deficiencies or remove the Sign, the Director will have the Sign removed at the expense of the Permittee. 13

39 Sign Ordinance-ADOPTED_ F. Citations. If any Sign or other device covered by this Article is, or is proposed to be, erected, constructed, altered, converted or used in violation of any provision of this Article, the Director shall issue a citation. Additionally, the City may seek an injunction for a continuing violation or take other appropriate action to prevent such unlawful erection, construction, alteration, conversion or Use to correct or abate such violation. Any violation of this Article shall be an offense, and the violator shall be subject to a fine of up to $1,000.00, imprisonment for up to 60 days, or by both such fine and imprisonment. ARTICLE 21 NONCONFORMING SIGNS A. Maintained. A Nonconforming Sign shall not be replaced by another Nonconforming Sign, except that the substitution or interchange of poster panels, painted boards, or dismountable material on Nonconforming signs shall be permitted. All Nonconforming signs shall be maintained in good repair. B. Repairs; Material Change. Minor repairs and Maintenance of Nonconforming signs shall be permitted; provided, however, no structural repairs or changes in the size or shape of a Nonconforming Sign shall be permitted except to make the Sign comply with the standards of this Article. To the extent that any Sign allowable hereunder is damaged or destroyed by act of God or by other circumstances beyond control of owner of Sign then such Sign may be repaired without regard to the restrictions of this paragraph. C. Grandfathering. Nonconforming signs may stay in place until one of the following conditions occurs: 1. The advertised Business ceases at that location; 2. The deterioration of the Sign or damage to the Sign makes it a hazard or renders it dilapidated, unsightly, or unkempt; or 3. The Sign has been damaged to such extent that more than minor repairs or a material change is required to restore the Sign. No structural repairs or change in shape or size shall be permitted except to make the Sign comply with all standards of this Article. To the extent that any Sign allowable hereunder is damaged or destroyed by act of God or by other circumstances beyond control of owner of Sign then such Sign may be repaired without regard to the restrictions of this paragraph. ARTICLE 22 REMOVAL OF UNLAWFUL OR DANGEROUS SIGNS A. Removal. The City may order the removal of any Sign in violation of this Article by written notice to the Permit holder; or if there is no Permit holder, then to the owner of the Sign; or if the Sign owner cannot be found or cannot be determined, then to the Sign erector and any party that procured the erection of the Sign. If a Permit has been issued, such notice shall operate to revoke the Permit. B. Procedure Following Removal Order. If the Sign is not removed within the time allowable pursuant to this Article the City shall remove or cause to be removed the Sign and collect the costs thereof as provided below. 14

40 Sign Ordinance-ADOPTED_ C. Removal without Notice. The City shall have removed any Sign in violation of this Article, without giving notice to any party, if: 1. Said Sign is upon the Public Right-of-Way or upon other public Property; or 2. Said Sign poses an immediate safety threat to the life or health of any members of the public. D. Removal after Court Determination. Other than signs located in a Public Right-of-Way, a Sign shall be removed by the City after a final determination by a court that the Sign is unlawful and should be removed. If the Permittee or owner fails to remove the Sign the Sign may be immediately removed and disposed of by the City. ARTICLE 23 SIGN LOCATION A. Obstructions to Doors, Windows, or Fire Escapes. No Sign shall be erected, relocated, or maintained so as to prevent free ingress or egress from any door, window, or fire escape. B. Signs Not to Constitute Traffic Hazard. No Sign or any part thereof, except authorized traffic signs, shall be located in any Public Right-of-Way. No Sign may be located any closer than 20 feet to an intersection as measured from the intersection of the two (2) Rights-of-Way. C. Setback. Unless a more restrictive Setback is specified in conditions of Zoning or otherwise in this Article, all signs shall set back at least 10 feet from the Right-of-Way or 20 feet from the edge of pavement if a Private Thoroughfare and no Sign shall project over the Right-of- Way. Freestanding Signs shall be a minimum of 25 feet from an intersection and shall be a minimum of 35 feet from any other Freestanding Signs. ARTICLE 24 MEASUREMENT OF SIGN AREA A. Size Generally. The area of a Sign shall be computed as the area within the smallest continuous polygon comprised of not more than eight (8) straight lines enclosing the limits of a Sign Face, together with any Sign Face cabinet or frame or material, texture, or color forming an integral part of the Sign Face used to differentiate the Sign Face from the Structure upon which it is placed. If polygons established around Wall Signs located on the same Thoroughfare oriented wall are within 24 inches or less of one another, then the area of the Sign shall be measured within one continuous polygon. B. Structure. The computation of the area of a Sign Face shall not include the Structure, supports, or uprights on which the Sign Face is placed or any portions of a Sign Structure that are not intended to contain any message or idea and are purely structural or decorative in nature, other than those parts contained within the polygon that delimits the Sign Face. C. Changeable Copy Signs. For any signs on which the words, letters, figures, symbols, logos, fixtures, colors, or other design elements routinely change or are intended to be changed from time to time, the Sign Face area shall include the entire area within which any words, letters, figures, symbols, logos, fixtures, colors, or other design elements may be placed, together with any frame or material, texture or coloring forming an integral part of the Sign 15

41 Sign Ordinance-ADOPTED_ Face or used to differentiate the Sign Face from the Structure upon which it is placed. Such Changeable Copy Signs cannot flash, and if located within 150 feet of a Thoroughfare right of way, may not change more than once per 24 hours. D. Multi-Faced Signs. For multi-faced signs, when the Sign Face surfaces are parallel and are back to back, or where the interior angle formed by the faces is 45 degrees or less, the area of the Sign shall be taken as the areas on the largest side. For all other multi-faced signs, the area of the Sign shall be the total area on all sides that can be viewed at one time from any angle. ARTICLE 25 MEASUREMENT OF SIGN HEIGHT The Height of a Sign shall be computed as the distance from the base of the Sign Structure at normal Grade to the top of the highest attached component of the Sign. Normal Grade shall be construed to be the lower of: (1) existing Grade prior to construction or (2) the newly established Grade after construction, exclusive of any filling, Berming, mounding, or excavating solely for the purpose of locating the Sign. In cases in which the normal Grade cannot reasonably be determined, Sign Height shall be computed on the assumption that the elevation of the normal Grade at the base of the Sign is equal to the elevation of the nearest point of the crown of a Public Thoroughfare or the Grade of the land at the principal entrance to the Principal Structure on the zone Lot, whichever is greater. Where the normal Grade is below the normal Grade of a Public Thoroughfare, the Sign base can be raised to the elevation of the normal Grade of the Thoroughfare before the Height limitations are applied (surveyor s certificate required). ARTICLE 26 CONSTRUCTION STANDARDS A. Building and Safety Codes. All signs permitted under this code shall be constructed and maintained in accordance with the applicable City Building and safety codes. The City may remove after due notice any Sign which shows neglect or becomes dilapidated. B. Faces. The face of a Sign shall be flat, with protrusions of no more than two (2) inches to allow for the texture of the Sign and words, letters, figures, symbols, logos, fixtures, colors, or other design elements. No Sign or other advertising Structure shall be constructed so as to have nails, tacks, or wires protruding therefrom. Lettering for address signage shall not exceed four (4) inches in Height or as required by the applicable Building code. C. Illumination. Signs, when Illumination is permitted and except as otherwise set forth, may only be illuminated externally. Free standing signs with external Illumination shall have light directed downward. Externally illuminated signs shall not exceed 55 foot- candles. All Sign lighting shall comply with the Chattahoochee Hills Dark Sky Ordinance. D. Landscaping. Landscaping, weeds, and grass shall be kept cut in front of, behind, underneath, and around the base of Freestanding Signs. 16

42 Sign Ordinance-ADOPTED_ E. Construction. Freestanding Sign Structure/base materials shall match the Principal Structures material. The architectural color standards of the District apply only to the Sign Structure not to the Sign Face. ARTICLE 27 RESTRICTIONS BASED ON LOCATION If not otherwise stated, any Sign not specifically allowed for a particular Use as provided under this Section shall be prohibited in that District, except as otherwise provided for under this Article. The following standards govern signs based on the sign s location. Table 1: Sign Restrictions Based on Location Sign Type/ Land Use Area Agriculture /Institution in Rural Area Residential in Rural Areas and Non-rural Areas Freestanding Signs Window Sign One (1) maximum 32 square foot sign for each Thoroughfare on which the Lot has Frontage. Signs shall not exceed 6 feet in height and shall not have changeable copy. One (1) maximum 32 square foot sign or two (2) maximum 16 square foot single-faced signs, per platted Single Family Subdivision entrance shall be permitted for each Thoroughfare on which the Subdivision has an entrance. Signs shall not exceed 6 feet in height and shall not have changeable copy. Commercial in Non-rural Areas (D) Not more than three (3) per lot/unit and not larger than four (4) square feet or cover more than 25% of the area of each window, whichever is less. Industrial, Communication, Wholesale, Transportation and Warehouse in Non-rural Areas (E & F) One (1) maximum 32 square foot sign for each thoroughfare on which the Lot has frontage. For lots with greater than 500 linear feet of frontage per thoroughfare, one (1) maximum 64 square foot sign or two (2) maximum 32 square foot signs are permitted for each thoroughfare. Signs shall not exceed six (6) feet in height and shall not have changeable copy. Shall not occupy in the aggregate more than 25% of the window area 17

43 Sign Ordinance-ADOPTED_ Sign Type/ Land Use Area Construction Agriculture /Institution in Rural Area Residential in Rural Areas and Non-rural Areas Commercial in Non-rural Areas (D) Industrial, Communication, Wholesale, Transportation and Warehouse in Non-rural Areas (E & F) One (1) additional sign shall be allowed during construction. The sign shall not exceed 12 square feet in area and five (5) feet in height. Sign must be removed with the issuance of a Certificate of Occupancy or installation of a Permanent sign, whichever occurs first. Flag Each flagpole shall not to exceed 35 feet in height. Flag shall not be more than 36 square feet[hr4] Banner Allowed for a period not exceeding 14 days, with no more than three (3) such 14- day periods begin permitted per calendar year per Lot. Banners shall not be more than 18 square feet. No Banner shall be mounted so as to extend above the horizontal plane of the roof where the Building wall and the roof meet or shall not extend more than five (5) feet above Grade when on the ground. Awning/ Canopy Signs Not Permitted Not Permitted Each Lot may display no more than three (3) flags and/or flagpoles, which are not to exceed 35 feet in height each. Flags shall not be more than 36 square feet each. Allowed for a period not exceeding 14 days, with no more than three (3) such 14-day periods begin permitted per calendar year per Lot. Banners shall not be more than 32 square feet. No Banner shall be mounted so as to extend above the horizontal plane of the roof where the Building wall and the roof meet or shall not extend more than five (5) feet above Grade when on the ground. Signs shall be deducted from allocated Wall Sign area. The area shall not exceed 10% of the area of the awning or canopy. 18

44 Sign Ordinance-ADOPTED_ Sign Type/ Land Use Area Standard Informational Signs Wall Sign Internal Sign Menu Drive- Through or Drive-In[HR6] Sign Agriculture /Institution in Rural Area Residential in Rural Areas and Non-rural Areas Each Lot may display two (2) without a permit. Yard sale signs permitted only for the duration of the yard Sale. During a political election, between the date of qualification and the third calendar day after the final determination on each ballot issue or candidate, each Lot may display an unlimited number of these signs[hr5]. Not Permitted Not Permitted Not Permitted Not Permitted Commercial in Non-rural Areas (D) Industrial, Communication, Wholesale, Transportation and Warehouse in Non-rural Areas (E & F) Each Lot may display two (2) without a permit, except that lots with more than one business may display four (4). Yard sale signs permitted only for the duration of the yard Sale. During a political election, between the date of qualification and the third calendar day after the final determination on each ballot issue or candidate, each Lot may display an unlimited number of these signs. Shall not exceed the smaller of 5% of applicable wall area or 100 square feet, confined to the upper 30 feet of the Façade. Each place of business is allowed a maximum of 2 wall signs, 1 sign per wall. 1 Tenants over 50,000 square feet floor space shall not exceed the smaller of 5% of applicable wall area or 300 square feet. Permitted adjacent to internal entrance drives serving the development. Shall not exceed 20 square feet in area and six (6) feet in height. One (1) per drive-in or drivethrough[hr7] facility, not legible by the traveling public, and shall not exceed six (6) feet in height. 1 No changeable copy unless approved as a Marquee Sign. Signs shall not cover architectural features or details, and shall not extend beyond the roof line or outer edges of the building. Electrical raceways/ conduit shall be painted to match the exterior walls to which they are attached. 19

45 Sign Ordinance-ADOPTED_ Sign Type/ Land Use Area Out of Store Marketing Device Entrance / Projecting / Blade Signs Directory/On Site Wayfinding Agriculture /Institution in Rural Area Not Permitted Not Permitted Not Permitted Residential in Rural Areas and Non-rural Areas Not Permitted Not Permitted Not Permitted Commercial in Non-rural Areas (D) Industrial, Communication, Wholesale, Transportation and Warehouse in Non-rural Areas (E & F) Shall not exceed eight (8) feet in height and not internally illuminated except for display screens. One (1) blade sign per entrance. Signs shall not exceed three (3) square feet; must be uniform in size, material, color, shape, and placement; and maintains a minimum seven (7) feet clearance between the bottom of the sign and the walkway below. Sign face shall be oriented to the sidewalk/pedestrian uses and shall not exceed 12 square feet in area. Sign shall not exceed seven (7) feet in height, excluding structural or decorative elements. Name plates shall not exceed 1/6 of the sign face ARTICLE 28 SEVERABILITY Should any Article, Section, clause, or provision of this Article be declared by a court of competent jurisdiction to be invalid, such action shall not affect the validity of the ordinance as a whole or any part hereof other than the part so declared to be invalid, it being the intent of the City Council the City that each Article, Section, clause, and provision hereof be severable. 20

46 Sign Ordinance-ADOPTED_

47 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO XXX AN ORDINANCE TO REVISE AND AMEND THE CITY OF CHATTAHOOCHEE HILLS SIGN ORDINANCE, ARTICLES 4, 18, 19 AND 27 TO COMPLY WITH RECENT SUPREME COURT DECISIONS AND FOR OTHER PURPOSES WHEREAS, the City of Chattahoochee Hills finds that its current sign ordinance needs to be revised and amended to comply with recent United States Supreme Court decisions; and WHEREAS, it is further found and declared that there is a need for adequate laws governing the use of signs throughout the city. NOW THEREFORE, the Mayor and Council of the City of Chattahoochee Hills, Georgia ordain that the City of Chattahoochee Hills Sign Ordinance, Article 4 (Definitions); Article 18 (Signs Which Require No Permit); Article 19 (Prohibited Signs and Devices); and Article 27 (Restrictions Based on Location) be amended with the following ordinance which is hereby adopted and approved as part of the Code of Ordinances of the City of Chattahoochee Hills, Georgia. Section 1. Article 1 (Definitions) is amended by deleting the current definitions of Flag and Obscene and replacing with the definitions contained herein; adding a definition for Sign ; and deleting the definition of Tenant Panels : Flag. Any fabric or bunting containing colors, patterns, or symbols used as a symbol of a government or other entity or organization or used to communicate information of any kind to the public. Obscene. As defined in Georgia Code section , material is Obscene if to the average Person, applying contemporary community standards, taken as a whole, it predominantly Appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion; the material taken as a whole lacks serious literary, artistic, political or scientific value; and the material depicts or describes, in a patently offensive way, sexual conduct specifically defined as: (A) acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated; (B) acts of masturbation; (C) acts involving excretory functions or lewd exhibition of the genitals; (D) acts of bestiality or the fondling of sex organs of animals; or (E) sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship. Sign. Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to announce, direct attention to, identify, advertise or otherwise communicate information of any kind to the public.

48 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO XXX Section 2. Article 18 (Signs Which Require No Permit) is deleted in its entirety and replaced with the following language: No Permit is required for the following so long as all standards in this Article and Article 27 are met, including those set forth below: A. Numerals displayed for the purpose of identifying Property location not to exceed eight (8) inches in Height; B. Flags; C. Window Signs; D. Door signs not to exceed one (1) square foot in size and not more than one (1) Sign per door; and E. Standard Informational Signs. F. Temporary holiday decorations used to celebrate a single holiday or season. Section 3. Article 19 (Prohibited Signs and Devices) is amended by deleting subsections (B) and (C) replacing with the following: B. Balloons; Streamers. Balloons, streamers or air or gas filled figures. Notwithstanding the foregoing, any holiday decorations as defined in Article 18, Section F above are exempted from this prohibition. C. String Lights. Signs consisting in whole or in part of a series, line, or row of lights, whether supported by cables or other physical means, within 150 feet of a Thoroughfare and visible therefrom. Notwithstanding the foregoing, any holiday decorations as defined in Article 18, Section F above are exempted from this prohibition. Section 4. Article 27 (Restrictions Based on Location) is amended by deleting the following restrictions and replaced with the following language: Standard Informational Signs under Agriculture/Institution in Rural Area and Residential in Rural Areas and Non-Rural Areas : Each Lot may display two (2) without a permit. Standard Informational Signs under Commercial in Non-Rural Areas (D) and Industrial, Communication, Wholesale, Transportation and Warehouse in Non-rural Areas (E & F) : Each Lot may display two (2) without a permit, except that lots with more than one business may display four (4). Change Row Heading from Menu Sign to Drive-Through or Drive-In Sign

49 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO XXX Drive-Through or Drive-In Sign under Commercial in Non-Rural Areas (D) and Industrial, Communication, Wholesale, Transportation and Warehouse in Non-rural Areas (E & F) : One (1) per drive-in or drive-through facility, not legible by the traveling public, and shall not exceed six (6) feet in height. Section 5. hereby repealed. All ordinances or parts of ordinances in conflict with this ordinance are Section 6. If any section, clause, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this ordinance. Section 7. This ordinance shall become effective immediately upon its adoption by the Council of the City of Chattahoochee Hills, Georgia. SO ORDAINED AND EFFECTIVE this day of, Approved: Attest: Tom Reed, Mayor Dana Wicher, City Clerk (Seal)

50 Possible Sign Ordinance Changes 3/24/17 Contents of this document: Changes to prohibited portable signs. Changes to setbacks as applied to Standard Informational Signs (these are temporary yard signs like real estate signs, political signs, or other signs of similar size and materials) Possibly add a definition of Commercial which would then be used in the header of the table in Article 27 (There are not many business uses that are allowed in the Rural Areas, but there are a few, like B&Bs or campgrounds. The table in Article 27 currently does not have a column for businesses in rural areas, which would mean that a business use would not be allowed to have a sign. Adding Commercial to the Agriculture/Institution column would allow rural area businesses to have the same types of signs as a farm, church, or school.) Changes to Wall Signs regulations by location A FYI excerpt from the zoning ordinance on signs allowed with Home Occupations (businesses in homes that are accessory to the primary residential use these businesses come with their own set of restrictions). This document contains excerpts with proposed changes. Proposed changes are indicated in red, with additions underlined and deletions crossed out. For more context, please refer to the full Sign Ordinance. Possible Changes to Sign Ord page 1

51 Changes to prohibited portable signs.: Current: ARTICLE 19 PROHIBITED SIGNS AND DEVICES I Portable Signs. Portable Signs, including signs attached to any parked vehicle or trailer, so as to be visible from a public right-of way. Possible change: I Portable Signs. Portable Signs, including signs attached to any parked vehicle or trailer, so as to be visible from a public right-of way. This does not include promotional or identifying information painted on vehicles that are registered, operable, and regularly driven in the normal conduct of business. Changes to setbacks Current: ARTICLE 23 SIGN LOCATION C. Setback. Unless a more restrictive Setback is specified in conditions of Zoning or otherwise in this Article, all signs shall set back at least 10 feet from the Right-of-Way or 20 feet from the edge of pavement if a Private Thoroughfare and no Sign shall project over the Right-of- Way. Freestanding Signs shall be a minimum of 25 feet from an intersection and shall be a minimum of 35 feet from any other Freestanding Signs. Possible change: C. Setback. Unless a more restrictive Setback is specified in conditions of Zoning or otherwise in this Article, all signs except Standard Informational Signs shall set back at least 10 feet from the Right-of-Way or 20 feet from the edge of pavement if a Private Thoroughfare. and no No Sign shall project over the Right-of-Way. Freestanding Signs shall be a minimum of 25 feet from an intersection and shall be a minimum of 35 feet from any other Freestanding Signs. Possible Changes to Sign Ord page 2

52 New Definition of Commercial : The sign ordinance currently doesn t allow commercial uses to have signs in Rural Areas (for example, B&Bs or camp grounds). We should probably change this, but, of course, we need to be careful. One approach would be add Commercial to the column heading that currently says Agriculture /Institution in Rural Area. The definition proposed here would define out some types of business that perhaps should not be allowed to have signs (or that should be more strictly limited). Possible new definition: ARTICLE 4 DEFINITIONS Commercial. For the purpose of this ordinance, commercial uses do not include home occupations or temporary/vacation rentals Changes to Wall Sign regulations by location: Here s current language that explains how the restrictions in the table are applied: ARTICLE 27 RESTRICTIONS BASED ON LOCATION If not otherwise stated, any Sign not specifically allowed for a particular Use as provided under this Section shall be prohibited in that District, except as otherwise provided for under this Article. The following standards govern signs based on the sign s location. (Table excerpt on next page) Possible Changes to Sign Ord page 3

53 Sign Type/ Land Use Area Wall Sign Agriculture /Institution in Rural Area Not Permitted One (1) maximum 32 square foot sign or two (2) maximum 16 square foot singlefaced signs when there is no residential use on the property Residential in Rural Areas and Non-rural Areas Not Permitted Only permitted on accessory buildings [No size limit?] Commercial in Non-rural Areas (D) Industrial, Communication, Wholesale, Transportation and Warehouse in Non-rural Areas (E & F) Shall not exceed the smaller of 5% of applicable wall area or 100 square feet, confined to the upper 30 feet of the Façade. Each place of business is allowed a maximum of 2 wall signs, 1 sign per wall. 1 Tenants over 50,000 square feet floor space shall not exceed the smaller of 5% of applicable wall area or 300 square feet. FYI from the current zoning ordinance (no changes proposed): 1 No changeable copy unless approved as a Marquee Sign. Signs shall not cover architectural features or details, and shall not extend beyond the roof line or outer edges of the building. Electrical raceways/ conduit shall be painted to match the exterior walls to which they are attached. Possible Changes to Sign Ord page 4

54 6505 Rico Road Chattahoochee Hills Georgia MAYOR Tom Reed To: From: Mayor and City Council Mike Morton, City Planner CITY COUNCIL James Stephens Richard Schmidt Claire Williams Faye Godwin Don Hayes CITY MANAGER Robert T. Rokovitz (770) Fax (770) Subject: Date: Tough Mudder overnight hours For the April 11, 2017 meeting For the last several years the City has hosted the annual Tough Mudder race, a two day special event. This year it is scheduled for Saturday April 29 th and Sunday April 30 th. The organizers are coming to City Council for permission to add an overnight race called Toughest Mudder. Discussion Tough Mudder has come to the city since the host property was annexed into the city. The event is professionally run and has little impact on surrounding properties. The Toughest Mudder race is designed to begin a midnight and run for eight hours. Rules governing special events state that the hours of operation shall be 8 a.m. to 10 p.m., Sunday through Thursday; and 8 a.m. to 11 p.m., Friday through Saturday, or as permitted by the City Council. This request is for City Council approval of overnight hours as provided for in the code. It does not require a variance since scheduling flexibility, with City Council approval, is written into the code. The host property for the Tough Mudder event is quite large and remote. The course is well buffered from neighboring properties. There will be event lights at the site. According to their application for temporary lighting, lights will be set up at specific obstacles, in the base area and in the parking lot. These lights will be directed at the obstacles itself or toward the ground in the case of the parking and base area. No light will be directed upward or toward any surrounding homes. Representatives from the Tough Mudder organization will be at the meeting to answer questions. Attachments: Map of Toughest Mudder course and lights

55 site lite locations This map and its contents are subject to change. They are for internal and functional use only. NEVER licensed for publication. America s Toughest- south April 29, 2017 Loop 1: Berlin Walls 7- Skidmarked 2- Block Ness Monster 8- King of the Mountain 3- Kiss of Mud Pyramid Scheme 4- Devil s Beard 10- Shawshanked 5- Mud Mile Pitfall 6- LumberJacked 12- Everest Loop 2: Balls to the Wall19- Arctic Enema- The Rebirth 14- Augustus Gloop 20- Funky Monkey- The 15- Stage 5 Clinger Revolution 16- King of the Swingers 21- Ladder to Hell 17-Operation 22- Quagmire 18- Underwater Tunnels 23- Birth Canal 24- EST/Kong Map Key 1 12 S S