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HomeMy WebLinkAboutORD 7310 TO AMEND THE COMPREHENSIVE ZONING ORD BY AMENDING SECTION 28-B (SIGNS) ORDINANCE _ 7310 An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta, Georgia Commission effective September 16, 1997 by amending Section 28-B (Signs) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That the Comprehensive Zoning Ordinance is amended by deleting Section 28-B (Signs) in its entirety; SECTION II. That the Comprehensive Zoning Ordinance is amended by adding a new Section 18-B (Signs) as follows; -��-�-�.�� SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this 6th day of nec , 2011. �� ' MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: L A BO , CLERK First Reading: , SecondReading:De�emhe,- �., �n�i Published in the Augusta Chronicle December - 1 . 5, 2011 SECTION 28-B SIGNS 28-B-1 PURPOSE AND FINDINGS. The purpose of this Section is to provide fair and comprehensive regulations that will promote safety by eliminating confusing, distracting and unsafe signs; assure the opportunity for businesses to advertise in an efficient and cost-effective manner; and enhance the physical appearance, natural beauty and historical significance of Augusta. It is declared that the regulation of signs within Augusta is necessary and in the public interest: A. PURPOSE — This article is enacted for the following purposes: 1. To promote traffic safety and protect the general public from damage and injury caused, or partially attributable to, the distractions or obstructions impairing motorists' ability to see pedestrians, other vehicles, obstacles or traffic signs which are caused by improperly designed or situated signs; 2. To protect property values within Augusta; 3. To promote and aid in the tourist industry which is declared to be of importance to the economy of Augusta; 4. To provide a pleasing overall environmental setting and community appearance which is deemed vital to tourism and to the continued economic attractiveness of Augusta; 5. To protect the right of citizens to enjoy Augusta's natural scenic beauty; 6. To improve the legibility and effectiveness of commercial and governmental signs; and 7. To preserve and promote the public health, safety and welfare in the City. 8. To enhance the aesthetics of the community. 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 owner's desiring ever increasing numbers and sizes of signs, leading to cluttered blighted thoroughfares, in addition, the competition among competing sign owners for visibility of their signs contribute to safety hazards for both vehicles and pedestrians and undermines the sign owner's 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, to protect the public investment in the streets and highways, to maintain the tranquil environment of residential areas, to promote industry and commerce, to eliminate visual clutter and blight, to provide and aesthetically appealing environment and to provide for the orderly and reasonable display of signs 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 pubic 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 street signs which enable the traveling public to know where they are located and to find where they are going. As such, with the exception of signs identifying government buildings, virtually all government signs are erected purely for public safety purposes. Moreover, their use in public right-of-way is necessary to ensure their visibility to the motoring public. The City finds that public utility signs are frequently of the same nature as those signs erected by government entities in that they provide necessary information to safeguard the public from downed power lines and from street 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. 4. 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 often referenced based upon the function it serves within the context of this ordinance, whenever, possible it is the intent of this ordinance to refer to signs unrelated to the content of speech provided and to allow maximum expressive potential to sign owners. DEFINITIONS. For the purpose of this Section the following definitions will be used: Banner. A sign or outside advertising display bearing the characters, letters, illustrations, ornamentations, symbols, colors, or visual representations applied to cloth, paper, vinyl, fiber, plastic, or like malleable material with or without frame. The term "banner" shall include flags, pennants, life rafts, t-shirts, towels, ribbons, spinners, streamers, kites, balloons, tethered hot air balloons, inflatable devices, and similar objects, or any other material or outside advertising display whether stationary or fastened in such a manner as to move upon being subjected to movement of the atmosphere or any mechanical device. A banner may or may not have lettering or other specific identification or advertising information or graphics. Billboard — A sign, single face, double face, or v-type, contains over two hundred ninety-nine (299) square feet in area. Commercial - DELETE . Flag, Official. A flag of the United State of America, or a flag of the State of Georgia or other governmental entity, or a flag officially adopted by the person, institution, organization, or corporation occupying a property. Message Board or Reader Board. A sign or portion of a sign on which the message or copy changes automatically on a lamp bank or through mechanical means. Also known as Commercial Electronic Variable Message Sign. Non Commercial DELETE Reader Board or Message Board. A sign or portion of a sign on which the message or copy changes automatically on a lamp bank or through mechanical means. Also known as a Commercial Electronic Variable Message Sign. Sign — A sign, single face, double face, ar v-type, which directs attention to one or more businesses, commodities, services, or entertainments. Sign, Abandoned. A sign which was properly permitted and erected on property in conjunction with a particular use which use has been discontinued for a period of 30 days or more; or a permitted temparary sign for which the permit has expired. Sign, Awning. A sign located on an awning, which is a roof-like cover providing protection from the weather placed over or extending from or above any window, door or other entrance to a building. Sign, Building Mounted. A sign painted onto or attached to a building, canopy, awning, marquee or mechanical equipment located outside a building. Sign, Canopy. A sign located on a canopy, which is a permanent roof-like structure providing protection against the weather whether attached to or detached from a building. Sign Enforcement Officer. An employee of the Augusta Planning and Development Department who is responsible for enforcement of the provisions of this Section and is empowered to issue citations, remove certain illegal signs, and take other actions consistent with this Section. ' Sign, Freestanding. A sign supported by a structure secured in the ground and which is wholly independent of any building, fence, vehicle, or other support. Sign, Mansard. A sign attached to the mansard section of a roof, which is the lower, mostly vertical portion of a roof with two pitches, including a flat topped roof with a mansard portion. Sign, Marquee. A sign attached to a marquee, which is a permanent roof-like structure projecting from and beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather. Sign, Monument. A freestanding sign which is mounted on or supported by a structure which is not a simple pole, pylon, or beam system. Sign, Non Conforming. A sign which was in existence and was constructed in compliance with the terms of any prior Ordinance but does not conform to the provisions of this Section. � Sign, Off-Premises. DELETE • Sign, On-Premises. DELETE • Sign, Pole (or Pylon) Mounted. A freestanding sign which is mounted on or supported by a simple pole, pylon, or beam system. Sign, Political. A sign erected for the purpose of advertising a candidate or stating a position ' regarding an issue upon which the voters of the city shall vote. Sign, Portable. A sign which is designed to be transportable (with wheels; designed to be , transported by trailer or wheels; mounted on a vehicle for advertising purposes, parked and visible from the public right-of-way — except for normal business vehicles) and utilized at different locations and is not permanently affixed to the ground or to a building. • Sign, Projecting. A sign attached to a building, canopy, awning or marquee and projecting ' outward therefrom in any direction a distance of two feet or more. Sign Surface Area. A measurement of the portion of a sign consisting of the actual copy, advertisement, or area devoted to identification or proclamation within the periphery of the smallest circle, triangle, rectangle, a combination of the foregoing. The sign surface area shall include any background material, trim, color, or other visual representations which attracts attention or are used to differentiate a sign from a building, structure, backdrop surface, or object upon which the sign is placed. Sign surface area shall not include the sign structures if no message, symbol, or any of the aforementioned sign face criteria are displayed on or designed as part of the sign structure. Sign surface area is the combined surface area of all signs on a lot; excluding the area of one face of all double-faced signs. Double-faced sign means a sign which has two display areas where one face is designed to be seen from one direction and the other face from another direction. Sign, Temporary. A sign or advertising display constructed of cloth, canvas, fabric, paper, plywood, sheet metal, or another light material which is designed to be used only temporarily, and which is not permanently mounted. Included in this category are banners, portable signs, retailers signs temporarily displayed such as special sale signs, special event signs, special product or service promotional signs, and similar signs. Sign, Traffic Directional A sign consisting of a simple message such as "in", "out", "parking" or something similar and an arrow, logo, but nothing more erected solely for the purpose of vehicular or pedestrian traffic direction or safety. Such sign shall have no advertising words or phrases. Sign, Window. Any sign or display which is painted on or applied to or projected upon or within the interior or exterior of a building glass area, including doors, which can be read from contiguous property or public right-of-way. 28-B-3 ADMINISTRATION. Administration of this Section shall be the responsibility of the Augusta Planning and Development Department. Administration shall consist of (A) application and sign plan, and (B) sign permit: A. Application and Sign Plan. A sign permit may be issued upon the submission of an application and an approved sign plan, and payment of a fee. The application shall be on a form provided by Augusta, Georgia disclosing the sign owner, property owner, property occupant, address of the premises where the sign is to be located, together with the size of the proposed sign and a description of any other signs located on the premises, other signs for which a permit has been issued and remain outstanding, and for proposed signs yet to be permitted. In addition, other information shall be provided as indicated on the form, and other information needed pursuant to Sections 28-B-6 through 28-B-12 shall be provided. Every permit application shall be accompanied by a sign plan. A sign plan shall show the location of all existing, permitted but not erected, and proposed signs, all buildings, parking facilities, driveways, curbs and right-of-way lines immediately adjacent to the property. Also, single-family residential structures on adjoining properties shall be shown. The location of the sign(s) for which the permit applies shall be shown. In addition, the sign plan shall include drawings of all proposed signs showing dimensions, : elevations, height, setbacks, materials and illumination sources, types, and intensity. Sign plans shall be scaled drawings with accurate dimensions provided, where appropriate, to show conformance to this Section. Sign plans need not be prepared by licensed professionals, unless required elsewhere in this Section, but a certification of their accuracy shall be placed upon the plan. Sign plans shal] be approved, approved with conditions, or denied by the Augusta Planning and Development Department. Action on a sign plan shall be taken within five working days of submission or it shall be deemed to have been approved. An approved sign plan, an application, and payment of a fee shall be required to obtain a sign permit. B. Sign Permit. Except as specified in Subsection 28-B-4 of this Section, a sign permit must be obtained from the Augusta Planning and Development Department prior to the erection, installation or material alteration of any sign. As used in the preceding sentence, material alteration shall mean any change in, a) the height of a sign, b) the surface area of a sign, c) the location of a sign, d) the supporting structure of a sign, and e) the illumination of a non-illuminated sign; such terms shall not include routine maintenance and repair or routine electrical work only. Permits may be obtained from the Augusta Planning and Development Department. Signs to be located in locally designated historic districts (Title 7, Chapter 4 of the Augusta, Georgia Code), shall be approved by the Historic Preservation Commission. A sign permit shall be accompanied by a decal which shall be affixed to the sign structure befare it is erected. A Permit for a temporary sign shall be accompanied by a decal color coded to the calendar quarter in which the permit is valid. A decal for a permanent sign shall be valid and remain affixed to the sign throughout the life of the sign. A sign permit issued upon the basis of false or misleading information which is material to the application and granting of a permit, shall be immediately revoked and such sign shall be removed within 30 days. 28-B-4 EXEMPTIONS. The following are not considered to be signs for the purpose of administering and enforcing this Ordinance, and permits shall not be required. ' A. Official Flags. Except during celebration of officially recognized holidays, only one of each of the three categories of Official flags may be displayed on a lot. Official flags shall not exceed sixty (60) square feet in area, nor be located on flagpoles more than forty (40) feet in height or that exceed the height limitation of the zoning district. Official flags shall be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes, as applicable. Any flag not meeting any one or more of these conditions will be considered a sign and will be subject to regulation as ' such. B. DELETE ' C. Government signs erected pursuant to and in the discharge of any government function. D. Signs or plates on residential structures or premises bearing the name and/or address of the occupant; mailboxes, paper boxes, and similar uses customarily associated with residential structures. E. Historical markers, monuments or signs as recognized by local, state, or federal authorities. F. Holiday decorations that do not convey a commercial message. G. Any sign or display which is located completely within an enclosed building and which is not visible from outside the building or beyond the boundaries of the lot or parcel upon which it is located. H. DELETE I. Standard information sign. A sign with an area of not greater than four (4) square feet, with a sign face made for short term use (90 days or less), 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 thickness or diameter not greater than 1 '/z inches. J. Political signs when the sign area is 32 square feet or less, provided such signs are related to a specific local, state, or national election and provided such signs are removed within ten days after such election. Political signs larger than 32 square feet shall be regulated as temporary signs per Section 28-B-6. K. Grave markers, headstones, memorial statues or similar remembrances. L. Any sign approved by the Augusta Commission and incorporated into a bus shelter or bench. M. Address numbers less than six inches in height. N. Inside faces of scoreboards or walls on athletic fields. O. A living display on the ground of flowers or other plants which conveys a message. P. Banners when specifically approved as to size, form, location and duration by the Augusta Commission. Q. In B1, B2, LI, and HI zones, on every lot, or in the case of a shopping center or other multiple occupancy structure, on every building or storefront, one banner not exceeding (twenty-four) 24 square feet in area mounted flat against the building or projecting no more than two (2) feet therefrom, which is removed daily upon the close of business. R. For shopping centers or other multiple occupancy structures, one sandwich board type sign per business or occupant, not to exceed twelve (12) square feet in area nor five (5) feet in height, nor less than three (3) feet in height, may be located within (ten) 10 feet of the building occupied by each business or occupant of such shopping center or similar structure. Such sign must be removed daily upon the close of business. S. On a lot which adjoins a public sidewalk where the main building is setback ten feet or less from the right-of-way line, a sandwich board type sign (not to exceed twelve square feet in area nor five (5) feet in height, nor be less than three (3) feet in height) placed within the sidewalk encroachment zone as identified in Section 3-8-11 of the City Code, shall be exempted. Such signs shall be subject to the permitting requirement set forth in Code Section 3-8-11. Such signs must be removed from the sidewalk daily after the close of business. 28-B-5 PROHIBITED SIGNS. The following types of signs are prohibited in Augusta, Georgia: A. Pavement markings or sidewalk markings except those of a customary traffic control nature or otherwise approved by the City. B. Signs attached to trees, lampposts, parking meter posts, hydrants, traffic signs, rocks or other natural features, telephone or utility poles unless specifically approved as to size, form, location, and duration by the Augusta Commission. C. Signs mounted, painted, or otherwise displayed on the roofs of buildings. D. Banners, except that banners may be used as temporary signs. E. DELETE F. DELETE G. Any private or business sign, except as authorized by Augusta, Georgia, which restricts or appears to reserve any portion of public right-of-way or any public area for the exclusive use or private use of an individual, tenant, client, guest, or business. H. Signs which in any way imitate an official traffic sign or signal, or contains words or symbols displayed in a manner which might mislead or confuse drivers of vehicles, or signs which any manner may unduly confuse, distract, or divert the attention of drivers of vehicles. I. Signs which use flashing lights, strobe lights, blinking lights, or any type of pulsating or moving light, except moving message boards or reader boards. J. Any sign painted on or attached to a vehicle and used as a stationary sign, where said vehicle is: l. not titled or displaying a current license tag, or 2. located in a front yard per this Ordinance K. Any sign which obstructs free ingress to or egress from a required door, window, fire escape, or other exitway. 28-B-6 TEMPORARY SIGNS. One temporary sign per street frontage may be located on a lot, parcel or tract which is not occupied by a shopping center of similar multiple occupancy structure in a B1, B2, LI, or HI zone. Except for those signs which are exempted under Section 28-B-4 of this Ordinance, there shall be no temporary signs within shopping centers or similar multiple occupancy structures in a B1, B2, LI, or HI zone. A temparary sign that is not exempted by 28- B-4 may be located on property for a maximum of thirty (30) days per calendar quarter, either thirty (30) consecutive days or for three (3) ten (10) day periods. A permit shall be acquired for a temporary sign, and a decal color-coded to the calendar quarter shall be affixed to the temparary sign before it is erected. The temporary sign shall be removed when the decal expires. If an applicant chooses to display a sign for three consecutive ten-day periods then such must or shall be noted on the application for a permit. Using three (3) ten-day periods will require three inspections. The setbacks and height requirement for permanent signs shall apply to temporary signs. Temporary signs shall not exceed forty (40) square feet in area (1 side). Temporary signs shall not be placed or located in parking spaces and shall not be an obstruction for sight distance. A sign having less than six (6) square feet shall be exempted from permitting and the thirty (30)- day maacimum, but such sign shall be the only temporary sign located on said property. 28-B-7 SIGNS IN AGRICULTURAL, SINGLE-FAMILY RESIDENTIAL, TWO-FAMILY RESIDENTIAL, AND MULTIPLE-FAMILY RESIDENTIAL ZONES (A, R-1, R-2, AND R3). The following signs shail be the only signs permitted in Agricultural and Residential zones: A. Entrance Signs For Approved Subdivisions. One subdivision entrance sign per entrance is allowed for residential subdivisions. Such signs shall not exceed 24 square feet in area or six (6) feet in height and illuminated only by indirect incandescent lighting. The location of such sign shall not adversely affect traffic safety and the location shall be approved by the Traffic Engineer. B. Entrance Signs For Apartment or Condominium Complexes With More Than Ten Units in Two-family and Multiple-family Residential Zones. One sign per street front. Such sign shall not exceed 24 square feet in area or six (6) feet in height and illuminated only by indirect incandescent lighting. An illuminated sign must be located at least 100 feet from the nearest existing single-family home. The location of such sign shall not adversely affect traffic flow and shall be approved by the Traffic Engineer. C. Signs for Uses Permitted by Special Exception in Sections 15-18 and 26. When located in Agricultural or Residential zones, signs shall be prohibited in association with the following uses: family day care homes, family personal care homes, group personal care homes, transitional housing and home occupations. When located in any other zone, these uses shall conform to the Regulations for that zoning classification. When located in Agricultural or Residential zones, the following uses may have one non illuminated sign per street front which shall not exceed six square feet in area or five feet in height: lodging houses or tourist houses, fraternity or sorority houses, congregate personal care homes, and adult day care facilities. When located in any other zone, these uses shall conform to the Regulations for that zoning classification. The following uses may have one sign per street front in an Agricultural or a Residential zone; church, private school, hospital (public or private), cemetery, nursing home, funeral home, inert landfill, sanitary landfill, or club per Section 26-1. Such signs shall not exceed 24 square feet in area or six (6) feet in height. An illuminated sign must be located at least 100 feet from the nearest existing single-family home and may be illuminated only by indirect incandescent lighting. When located in any other zone these uses shall conform to the Regulations for that zoning classification. All signs provided for in this Subsection shall be set back a minimum of ten (10) feet from a public right-of-way line or fifteen (15) feet from any curb or edge of pavement. D. Delete 28-B-S FREESTANDING SIGNS IN PROFESSIONAL, COMMERCIAL, AND INDUSTRIAL ZONES. A. Number of Signs. In P-1, B-1, B-2, LI or HI zones: One freestanding-sign, excluding billboards, per street frontage (must be oriented toward the street frontage), plus one for each 300 feet of street frontage or plus one for each ten (10) businesses in a shopping center or similar multiple occupancy complex. Freestanding signs, including billboards, on the same property and on the same street frontage shall be at least 100 feet apart. B. Sign Surface Area. The maximum freestanding sign surface area in the P-1 zone is 24 square feet. Signs in the P-1 Zone shall be non-illuminated and shall not be located within 20 feet of a single-family residential zone nor within 25 feet of the intersection of the right-of-way lines of intersecting streets. In B-1 zones, the maximum sign surface area is 100 square feet unless the sign location would be within 100 feet of a single-family residence or single-family residential zone in which case the maximum sign surface area shall be 50 square feet. In the Planned Development Riverfront Zone (PDR) or National Register ar locally designated historic districts (Title 7, Chapter 4 of the Augusta, Georgia Code), the maximum sign surface area shall be 35 feet in a B-1 zone. Signs other than billboards that are located in B-2, LI, or HI zones, the maximum sign surface area is 200 square feet. If the sign location would be located within 100 feet of a single-family residence or single-family residential zone, or within the Planned Development Riverfront Zone (PDR), or the sign would be located in a national register or locally designated historic district (Title 7, Chapter 4 of the Augusta, Georgia Code), the sign surface area is limited to a maximum of 50 square feet. Freestanding signs may be either monument (completely enclosed base) or pylon (pole) supported. There shall be no limitation on the size of a simple pole or beam support system. For a monument sign, the supporting structure of the sign shall not be included in calculating the area of the sign permitted by this Ordinance; provided, however, that the supporting structure shall not exceed 50% of the total combined area of the sign and supporting structure. To encourage design excellence and enhance the aesthetic quality of development, the minimum freestanding sign surface area set forth above may be increased in all cases as provided herein. A separate bonus may be granted for each of the criteria, but in no case may the total bonus exeeed 70%. Bonus provisions shall not apply to billboards or signs that are located wifhin the Planned Development Riverfront Zone (PDR) or in National Register or locally designated historic districts (Title 7, Chapter 4 of the Augusta, Georgia Code). 1) 10% bonus when the sign is constructed of solid wood and the design is compatible with the style, texture, and color scheme of the structure(s) on the site; 2) 10% bonus when an area around the base of the sign is at least 4 times the area of the sign surface and the area around the base of the sign is covered by a landscaped planter; 3) 10% bonus if the sign is unlighted; 4) 45% bonus where a proposed sign would replace an existing sign that is 100% larger than the current Ordinance would permit, where the proposed sign location would not be within 100 feet of a single family residence or zone, and where the proposed sign would be the only freestanding sign on the property; 5) 45% bonus if the lot qualifies for more than 1 freestanding sign but only 1 sign is erected, if the proposed sign location would not be within 100 feet of a single family residence or zone; 6) 25% bonus if the proposed sign location is more than 100 feet from any existing or proposed public street or highway right-of-way, the proposed sign is the only freestanding sign on the property, and the proposed sign location would not be within 100 feet of a single family residence or zone. C. Height. In P-1 zones, the maximum height, including structural elements, is six feet. In B-1 zones, the maximum height, including structural elements, is 20 feet. In B-2, LI, or HI zones the maximum height, including structural elements, is 30 feet. The sign's height shall be measured from the elevation of the adjoining road grade or from the base of the sign, whichever is higher. D. DELETE E. Setback. No part of any freestanding sign may be closer than ten feet from any public right-of-way line or fifteen feet from any curb or edge of pavement whichever is greater. No freestanding sign may be located closer than 50 feet from a single-family residence or an R-zone boundary nor within 10 feet of any property line. No sign shall be located so as to inhibit the visibility of motorists entering or leaving a public road. F. Clearance. Adequate sign clearance shall be provided to assure that vehicular and pedestrian traffic movements are not adversely affected. Minimum clearance of pole mounted signs shall be no less than 10 feet above pedestrian ways and not less than 15 feet above areas utilized by motor vehicles. G. Traffic Directional Signs. The area, height, and setback limitations at Sections 28-B-8-B to 28-B-8-E shall not apply to on-site entrance, exit, or other traffic directional signs, provided that no such directional sign shall exceed 30 inches in height nor more than 4 square feet in area. There shall not be more than two traffic directional signs per driveway entering or exiting the street frontage. Such signs shall be set back at least 10 feet from any street curb or edge of pavement but not on any public right-of-way. H. Message Boards and Reader Boards. Shall be permitted in B-1, B-2, LI and HI zones. They shall count toward the maximum permitted freestanding signage set forth in Sections 28-B-8-B and 28-B-8-D. I. Freestanding Outdoor Drive Through Menu Boards. If not visible from a street right-of-way, menu boards shall not count toward the total freestanding signage permitted. If visible from a street right-of-way, then such signs will be considered to be regulated freestanding signs. J. Illumination. Freestanding signs in P-1 zones shall be non illuminated. In B-1, B-2, LI and HI zones, signs on the same side of a street or across a street from a single-family residence which is within 100 feet of the proposed sign location shall be non illuminated. Otherwise, signs in B-1, B-2, LI and HI zones may be illuminated. To the extent possible, illumination shall be oriented away from residential areas. K. Code Conformance. All signs for which a building permit is required shall be constructed and maintained in conformance with City building and electrical codes. Plans for all freestanding signs 30 feet or higher, or greater than 150 square feet, shall be certified as to conformance with all structural and wind-load resistive standards of the Building Code by a structural engineer registered in the State of Georgia, or be prepared using standard drawings prepared by a structural engineer or other qualified professional meeting or exceeding all requirements of the Building Code. Freestanding signage that does not require an engineer's seal must include supporting foundation calculations. All freestanding signage requires a foundation inspection. Neon exposed or attached to a structure requires a final inspection. All signage must have a disconnect switch located at the signage. All signs involving internal lights or other electrical devices or circuits shall display a label certifying that all equipment or products are approved by one of the organizations currently recognized by OSHA as "Nationally Recognized Testing laboratories (NRTL) '. All signs, together with their supports, braces, guys and anchors, shall be kept in good repair and, unless constructed of galvanized or non-corroding metal, shall be given a protective coating as necessary to maintain a clean appearance and safe condition. 28-B-9 BUILDING MOUNTED SIGNS IN PROFESSIONAL, COMMERCIAL, AND INDUSTRIAL ZONES. A. Number and area of signs permitted. In Professional zones, there may be only one building attached sign per street frontage per building, or in the case of attached buildings, shopping centers, or other multiple occupancy complexes, one building attached sign per individual front facade. The area of such signs shall not exceed 12 square feet. Building mounted signs shall not extend above the roofline of the portion of the building where they are mounted. In commercial or industrial zones, the number of building attached signs shall not be limited. The maximum area in B-1 (Neighborhood Business) zones shall be one square foot of sign surface area per linear foot of building width parallel to the street, or in the case of attached buildings, shopping centers or other multiple occupancy complexes, per individual front facade. In B-2 (General Business) zones, LI (Light Industrial) zones, and HI (Heavy Industrial Zones) the maximum area shall be 2 square feet of sign surface area per linear foot of building width. If any premises is entitled to use freestanding signs pursuant to Section 28-B-8 but chooses not to do so and signs an agreement waiving all rights to future freestanding signs, then the maximum permitted building mounted signs surface area may be increased by 25 percent. This bonus provision may only be applied to attached buildings, shopping centers, and other multiple occupancy complexes if there is no freestanding sign on the entire property, and an agreement is executed whereby future freestanding sign rights would be waived on the entire property. Building attached signage in B-2, LI, and HI zones may only be placed upon the front of a building facing the street upon which the area calculation is based. B. Canopy, Marquee, Mansard, and Awning Mounted Signs. Building mounted signs may be placed flat against a building or on canopies, marquees, or mansard portions of roofs. Regardless of where such signs are located they shall be counted toward the maximum building mounted sign surface area that may be placed on the facade upon which such signs are located or project from. Such signs shall be affixed flat to the surface of a canopy, marquee, or mansard or project no more than three inches therefrom, and they shall not extend vertically above a canopy, marquee, or mansard. Awning signs must be painted or printed directly on the awning and they shall also count toward the maximum building mounted sign surface area that may be placed on the facade upon which they are located or project from. C. Projecting Signs. Building attached signage may not project more than two feet from the building wall upon which it is attached except for canopy, marquee, or awning mounted signs. D. Window Signs. Window signs shall not be permitted in Professional zones. In B- 1, B-2, LI, and HI zones, window signs may be permitted, but they may not occupy more than 20 percent of the area of any window. In the Planned Development Riverfront Zone (PDR) or National Register or locally designated histaric districts (Title 7, Chapter 4 of the Augusta, Georgia Code), no more than two windows in any structure may be used for signs. E. Illumination. Building mounted signs in P-1 zones shall be non-illuminated. In B-1, B-2, LI, and HI zones, signs on the same side of a street or across a street from a single-family residence which is within 100 feet of the proposed sign location shall be non illuminated. Otherwise, signs in B-1, B-2, LI, and HI zones may be illuminated. F. Code Conformance. All signs for which a building permit is required shall be conducted and maintained in conformance with City building and electrical codes. All neon applications shall require a final inspection. All signage shall have a disconnect switch located on the signage. All signs involving illumination or other electrical devices or circuits shall display a label certifying it as meeting standards of the Underwriters Laboratories. All signs shall be kept in good repair. 28-B-10 BILLBOARDS A. Location. Billboards may be located only in B-2 (General Business), LI (Light Industrial), or HI (Heavy Industrial) zones in accordance with other provisions of this Section, except in areas and sites which would not be consistent with the desired overall character of the City and the information needs of tourists, businesses, and residents. Billboards are prohibited within the following areas and sites: . Washington Road from the Calhoun Expressway to River Ridge Road, 1000 feet from the right-of-way line; • Calhoun Expressway, 1000 feet from the right-of-way line; • Gordon Highway from Bobby Jones Expressway to 1000 feet past Gate 1 at Fort Gordon (at Dyess Parkway), 1000 feet from the right-of-way line; • Doug Barnard Parkway from Gordon Highway to 1000 feet past Tobacco Road, 1000 feet from the right-of-way line; • Bobby Jones Expressway from Doug Barnard Parkway to the Savannah River, 1000 feet from the right-of-way line; • Jimmy Dyess Parkway, 1000 feet from the right-of-way line; • Riverwatch Parkway, 1000 feet from the right-of-way line; • Berckman Road from.Rae's Creek to Washington Road, 500 feet from the right- of-way line; • Wheeler Road from Bransford Road to Columbia County, 1000 feet from the � right-of-way line; � • Jackson Road from Wrightsboro Road to Wheeler Road, 1000 feet from the right- ' of-way line; • Walton Way Extension from Wheeler Road to Pleasant Home Road, 1000 feet ' from the right-of-way line; • Davis Road from Pleasant Home Road to Columbia County, 1000 feet from the right-of-way line; • Pleasant Home Road from Washington Road to Walton Way Extension, 1000 feet from the right-of-way line; • Wrightsboro Road from Barton Chapel Road to Columbia County, 1000 feet from the right-of-way line; � Windsor Spring Road from old Louisville Road to Hephzibah City limits, 1000 feet from the right-of-way line; • Tobacco Road, 1000 feet from the right-of-way line; • All national register historic districts and all locally designated historic districts under Title 7, Chapter 4 of the Augusta-Richmond County Code. • The Planned Development Riverfront District (Sec. 25 - A) • St. Sebastian Way from Walton Way to Reynolds Street, 500 feet from the right- of-way line. • Other areas and sites which may be designated by amendment to the text of this Ordinance. B. Separation from single-family residential zone boundaries or uses. Billboards shall not be located within 100 feet of any single-family residential zone boundary or the property line of a parcel occupied by a single-family residence. C. Setback. The setback requirements for billboards shall be the same as the setback requirements for principal structures. D. Spacing between billboards. There shall be no more than one (1) billboard for each seven hundred and fifty (750) feet of frontage on each side of any roadway. Any billboards located within five hundred (500) feet of the right-of-way line of the subject roadway shall be considered to be on the roadway, regardless of whether the sign faces or is oriented toward the subject roadway or toward another roadv��ay, and regardless of whether or not there are intersecting streets. No billboard shall be located less than three hundred (300) feet from any other billboards in any direction. Billboards located within six hundred and sixty (660) feet of the nearest edge of the right-of-way of an Interstate Highway must be permitted by the Georgia Department of Transportation. For purposes of this Ordinance, any billboard located in this area shall be considered to be a part of the Interstate Highway System regardless of whether the sign faces the Interstate Highway or is oriented toward the Interstate Highway or toward another roadway, and regardless of whether or not there are intersecting streets. No billboards shall be located on roadways designated as part of the Interstate Highway System within five hundred (500) feet of an interchange, intersection grade, or safety rest area. The foregoing 500 foot zone shall be measured along the Interstate Highway from the point at which the pavement commences or ceases to widen at exits from or entrances to the main traveled way. E. Height. No billboards shall exceed a height of sixty (60) feet from ground level measured from the elevation of the adjoining road grade or from the base of the sign, whichever is higher. F. Area. The maximum area of a billboard's face shall be three hundred (300) square feet on two lane roadways and six hundred seventy-two (672) square feet on highways with more than two lanes, plus temporary embellishments not exceeding twenty percent (20%) of the permanent sign area. Only one (1) sign face facing traffic moving in one direction shall be permitted on a billboard. G. DELETE H. Code Conformance. Code Conformance. All signs for which a building permit is required shall be constructed and maintained in conformance with City building and electrical codes. Plans for all freestanding signs 30 feet or higher, or greater than 150 square feet, shall be certified as to conformance with all structural and wind-load resistive standards of the Building Code by a structural engineer registered in the State of Georgia, or be prepared using standard drawings prepared by a structural engineer or other qualified professional meeting or exceeding all requirements of the Building Code. Freestanding signage that does not require an engineer's seal must include supporting foundation calculations. All freestanding signage requires a foundation inspection. Neon exposed or attached to a structure requires a final inspection. All signage must have a disconnect switch located at the signage. All signs involving internal lights or other electrical devices or circuits shall display a label certifying that all equipment or products are approved by one of the organizations currently recognized by OSHA as "Nationally Recognized Testzng laboratories (NRTL)'. All signs, together with their supports, braces, guys and anchors, shall be kept in good repair and, unless constructed of galvanized or non-corroding metal, shall be given a protective coating as necessary to maintain a clean appearance and safe condition. I. Site Plan Required. Every permit application for a proposed billboard or for any repair or replacement of an existing billboard shall be accompanied by a site plan prepared by a registered surveyor. The site plan shall show the proposed location for the subject sign, the distance of the proposed or existing billboard to the nearest billboards on the same side of the roadway, the distance to the nearest billboards on the opposite side of the roadway, and also the distance to any other structures on the property where the new sign is to be located. In the event of repair or replacement, the distance to existing structures on the property shall be shown. The site plan shall be prepared and stamped by a registered land surveyor. The surveyor shall be required to enter the correct map and parcel number and complete address for the property for which the permit application is being submitted. The site plan shall be approved by the Augusta Planning and Development Department. Once approved, the site plan shall be in effect for two years except that an approved plan may be rescinded at the request of the party who presented the plan for approval. An approved plan cannot be renewed or extended beyond two years. After a site plan has been approved, no other plans shall be considered that would conflict with the subject plan until two years have expired, or the approval has been properly rescinded. 28-B-11 NON-CONFORMING SIGNS. Nothing contained herein shall be construed to ratify or approve the erection and/or maintenance of any sign which was erected in violation of any prior Ordinance, and any sign so erected shall be subject to removal as provided in this Subsection. Signs that were in existence and were constructed in compliance with the terms of any prior Ordinance but do not conform to the provisions of this Section are hereby designated as legal nonconforming signs. Signs which become legal nonconforming uses as the result of this Section may continue under the general standards for nonconformity in Section 5. They may be maintained and repaired but they may not be enlarged, heightened, or illuminated (if not currently illuminated). All signs defined herein as temporary signs, attention getting devices, or banners must either be permitted as temporary signs. Non-conforming signs (permanent and temporary) not permitted as prescribed above, shall become illegal signs and the Augusta Planning and Development Department shall be authorized to issue citations and/or remove such non- permitted signs per Section 28-B-13. All illegal and nonconforming signs shall be removed from a tract or parcel before any additional signs may be permitted on the same tract or parceL 28-B-12 ABANDONED SIGNS. Signs that conform to this Ordinance, or signs that are made non-conforming as a result of this Ordinance which subsequently become abandoned signs shall upon abandonment be covered with a weather resistant opaque material which blocks the total sign surface area (billboards are exempted). 90 Days after the abandonment of a legal non-conforming sign the permit for such sign shall automatically expire and all exposed parts of said sign shall be removed. The foregoing shall apply to all signs. 28-B-13 ENFORCEMENT AND PENALTIES. Enforcement of this Section shall be the responsibility of the Augusta Planning and Development Department. The Augusta Planning and Development Department shall make routine inspection of all signs, and he shall also respond to issues raised by the public and other departments. Upon ascertaining a violation of the provisions of this Chapter, the Augusta Planning and Development Department shall cause to be served upon the offender, or to his agent, or upon the owner or his agent, or the occupant(s) of the premises a written notice to abate which sha1L• A. Describe the condition(s) constituting a violation, B. Demand that the violation be corrected or that the offending sign be removed, C. State that an inspection will be made no less than 10 days nar more than 30 days after the notice is issued and at such time, if the conditions which constitute the violation have not been abated, then a citation will be issued. If, after the notice has been given and upon an inspection the offending sign has not been removed, then the Augusta Planning and Development Department shall issue a citation, and if the off�nding sign is a temporary sign or banner then the Augusta Planning and Development Department shall remove such sign. If the offending sign is not a temporary sign, then the offending sign may be removed, or the offending condition may be corrected by the City at the expense of the offender and/or the owner and/or the ' occupant of the premises under direction of the Augusta Planning and Development Department. The City shall have a lien on the property upon which said sign is located to secure the amount expended for the abatement and all unpaid perrnit fees and delinquent charges due to such sign. Citations shall be forwarded to Magistrate Court for placement ' on the earliest possible docket. Any person who violates any provision of this Chapter or any person refusing to comply with any notice to abate or other notices issued by the Augusta Planning and Development Department within the time allowed by such notice upon conviction shall ' be guilty of misdemeanor. Each day is a separate violation. Each violation of this Chapter shall be deemed a separate offense and punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment not exceeding sixty (60) days, either ar both in the discretion of the judge having jurisdiction. AMENDED — Section 28-B-10 (A) November 2010 Section 28-B-8-(K) May 2011 Section 28-B - December, 2011