WHEREAS, such devices also contribute to visual clutter and blight and adversely affects the aesthetic environment of the city.

Transcription

1 AMENDMENT TO THE CODE OF ORDINANCES OF THE CITY OF BRANDON MISSISSIPPI, AMENDING CHAPTER 62 REGULATING SIGNS TO AMEND ARTICLE II, SECTION GENERAL REGULATIONS, ARTICLE II, SECTION TEMPORARY SIGNS, ARTICLE II, SECTION TEMPORARY SIGNS PROHIBITED UNLESS EXPRESSLY PERMITTED, AND ARTICLE II, SECTION BANNERS PERMITTED WHEREAS, temporary signage and attention getting devices could pose substantial traffic safety problems similar to, and in many instances, more serious than, conventional commercial advertising signs. WHEREAS, such devices also contribute to visual clutter and blight and adversely affects the aesthetic environment of the city. AND NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND THE BOARD OF ALDERMEN OF THE CITY OF BRANDON, MISSISSIPPI, that Chapter 62, Article II, of the Code of Ordinances of the City of Brandon requires revision requires revisions to up-date and otherwise adjust certain provisions therein to amend the same, as follows. SECTION 1: Chapter 62, Article II, Section 62-31(13) of the Code of Ordinances of the City of Brandon is amended, to read in full as follows: Sec (13): Flashing, moving, animated, rotating and bench signs shall not be permitted in any zoning district. SECTION 2. Chapter 62, Article II, Section 62-37(b) is amended to add the following definition: Sandwich board sign means a freestanding temporary sign displayed outside a business, during business hours, to advertise the business, hours of operation, an event, a promotion, etc., (excluding real estate signage). It is not intended as permanent business signage. SECTION 3: Chapter 62, Article II, Section of the Code of Ordinances of the City of Brandon is amended to include subsection (18), to read in full as follows: (18) Inflatable animated characters or similar balloon-type devices larger than 18 inches in diameter that require tethering, string lighting, and other similar attention getting devices shall not be permitted in any zoning district. SECTION 4: Chapter 62, Article II, Section of the Code of Ordinances of the City of Brandon is amended to include subsections (h), (i) and (j) to read in full as follows (h) It shall be unlawful for any person to erect or display, or cause to have erected or display, a banner within the C-1 Downtown District with exception for the following: (1) New businesses shall be allowed temporary banners in compliance with Sec for a period of 30 days, at no cost, while permanent signage is being made or installed. The community development director may extend that period at the request of the new business owner due to permitting, approval, or manufacturing delays. (2) Civic, religious, and other permitted non-commercial uses (schools, churches, museums, etc.) can use permitted temporary banners in compliance with Sec on their premises within the C-1 district. (i) All banners and temporary signs not in compliance shall be removed within 30 days of this the passage of this ordinance.

2 (j) Signs shall not block, restrict or impair any of the following: (1) The public s view of another business or activity; (2) The public s view of the signage for another business or activity; (3) The view or visibility of the operator of any motor vehicle; (4) The movement of any pedestrian or motor vehicle SECTION 5: Chapter 62, Article II, Section of the Code of Ordinances of the City of Brandon is amended and replaced, to read in full as follows: Sec : - Banners permitted. (a) Temporary commercial banner. A person may erect or display a temporary commercial banner that advertises or calls attention to special events, promotions, sales or other commercial information associated with the business located on the premises to which the banner is attached subject to the following limitations: (1) A person shall not display more than one commercial banner with the following exceptions: a. A business located on a corner lot is permitted to display two commercial banners on opposite ends of the lot; b. A business located on a lot that is greater than three acres is permitted to display up to three temporary commercial banners; however, each banner shall not be located within 30 feet of the other, c. A building with multi-businesses is permitted to display two temporary commercial banners at any time, regardless of the number of independently operated businesses located in the building. (2) A commercial banner shall not be displayed for more than 30 consecutive days and no more than 6 times in any calendar year. The sign must be removed from display a minimum of 15 days before obtaining another permit; (3) A commercial banner shall not have a sign area that exceeds 32 square feet, shall not exceed 5 feet in height from the ground, and must be set back from the right of way at least 5 feet; (4) A commercial banner shall be an on-premises banner and shall not be an off-premises banner; (5) A commercial banner shall be attached to the building or, when possible, securely attached to temporary posts in the yard. Temporary posts must be removed when the sign is removed from display; (6) One or both commercial banners allowed for a building may be attached to a freestanding sign that is otherwise allowed by chapter 62 of the City of Brandon sign regulations. Such banners shall be securely attached to the freestanding sign so that the face of the banner is parallel to the face of the freestanding sign; (7) No banner shall be erected or displayed without prior permit approval by the community (8) All banner permit applications shall be submitted to the community development department and the applicable permit fee shall be paid at that time. The permit fee for temporary commercial banners shall be as established by order of the board of aldermen from time to time;

3 (9) Failure to comply with all the provisions set forth herein is punishable by a fine to the permit holder in an amount not to exceed $25.00 per day of such Each day the temporary (b) Temporary town-wide event banner. A person may erect or display up to three temporary banners that advertise or promote a town-wide event (such as a parade or festival) for which the promoter or distributor of the banner provides every business located in the City of Brandon an equal opportunity to participate subject to the following limitations: (1) No town-wide event banner shall have a sign area that exceeds 32 square feet, shall not exceed 5 feet in height from the ground, and must be set back from the right of way at least 5 feet; (2) The display location(s) for town-wide event banner(s) shall be determined by the director of community development when the permit is issued; (3) Town-wide event banner(s) shall not be displayed for more than 30 consecutive days; (4) All temporary banner permit applications shall be submitted to the community development department and the applicable permit fee shall be paid at that time. The permit fee for temporary town-wide event banners shall be as established by order of the board of aldermen from time to time; (5) No permit fee shall be required if the temporary banner(s) is for a nonprofit organization; (6) No banner shall be erected or displayed without prior permit approval by the community (7) Failure to comply with all the provisions set forth herein is punishable by a fine to the permit holder in an amount not to exceed $25.00 per day of such Each day the temporary (c) Temporary public service announcement banner. A person may erect or display up to three temporary banners that announce or promote the programs of government or nonprofit agencies or that serve the public interest subject to the following limitations: (1) No public-service announcement banner shall have a sign area that exceeds 32 square feet, shall not exceed 5 feet in height from the ground, and must be set back from the right of way at least 5 feet; (2) The display location(s) for temporary public-service announcement banner(s) shall be determined by the director of community development when the permit is issued; (3) All temporary banner permit applications shall be submitted to the community development department and the applicable permit fee shall be paid at that time; (4) No permit fee shall be required for temporary public service announcement banner(s); (5) No banner shall be erected or displayed without prior permit approval by the community (6) Failure to comply with all the provisions set forth herein is punishable by a fine to the permit holder in an amount not to exceed $25.00 per day of such Each day the temporary

4 (d) For purposes of this section, a banner shall be considered one banner although both sides are used to display a message; the sign area limitations provided in this section shall be the sign area of any one side of the banner. (e) Signs, banners and flags allowed without a permit: (1) A flag, badge, or insignia customarily displayed by any private property owner, government or governmental agency or by any charitable, civic, fraternal, patriotic, religious or similar organization, and customary temporary lighting and displays as a part of holiday decorations. (2) One "for sale," "rent" or "lease" sign not exceeding a total area of three square feet which may not be illuminated. (3) Lettered window signs in commercial and industrial districts, not exceeding 20 percent of the area of the window. (f) Specific regulations of temporary signs in the C-1 Downtown District: (1) Sandwich board signs are only allowed in the C-1 Downtown District as a temporary sign type. (2) Sandwich boards shall have no moving parts or lights and shall be no larger than seven square feet total sign size. (2) One sandwich board sign may be placed per street frontage per business. (3) Signs may be placed on a sidewalk directly in front of the associated establishment. The sign shall be placed on that part of the sidewalk closest to the associated use. (4) The sign must be placed so as not to interfere with or obstruct pedestrian or vehicular traffic. (5) Signs may not be anchored to the sidewalk, or attached or chained to poles, newspaper vending boxes, or other structures or appurtenances. (6) The sign must be constructed of materials that present a finished appearance. Rough-cut plywood is not acceptable. The sign frame shall be painted or stained wood or anodized aluminum or metal. Plastic framed signs are prohibited. Stenciled or spray painted signs are prohibited. The sign lettering should be professionally painted or applied; a "yard sales" or "graffiti" look with hand painted or paint stenciled letters is not acceptable, however, chalkboard signs shall be permitted. (7) Signs may not be illuminated (8) The sign shall be removed at the end of the business day and will only be displayed during regular business hours. (9) All sandwich board signs not in compliance shall be removed 30 days after the passage of this ordinance. (10) All sandwich board sign applications shall be submitted to the community (11) No permit fee shall be required for sandwich board signs; SECTION 6. For the preservation of the public peace, health and safety and for other good cause shown, including but not limited to the need to insure proper enforcement of sign ordinances in the City of Brandon, this Ordinance shall be in force and effect from and after its adoption, unless the same receives less than a unanimous vote and if receiving less than a unanimous vote, this Ordinance shall be in force and effect 30 days after its adoption. All Ordinances in conflict herewith are repealed.

5 SECTION 7: This Ordinance having been reduced to writing and no request for the same to be read by the Clerk having been made, the same was introduced by Alderman seconded by Alderman and was adopted by the following vote, to-wit: James Morris, Alderman at Large Monica Corley, Alderman Ward 1 Cris Vinson, Alderman Ward 2 Harry Williams, Alderman Ward 3 Lu Coker, Alderman Ward 4 Bobby Christopher, Alderman Ward 5 Bob Morrow, Alderman Ward 6 The Mayor thereby declared the Motion carried and the Ordinance adopted and approved on this the day of, ATTEST: BUTCH LEE, MAYOR _ ANGELA BEAN, CITY CLERK