§ 16-28B.001. Gulch Sign Overlay District.

(a)

Creation: There is created within chapter 28B the Gulch Sign Overlay District. The regulations apply to the property within the boundaries of the district shown on the map entitled Gulch Sign Overlay District, which is incorporated into and made a part of this chapter and this section.

(b)

Intent: It is the intent of these regulations to address the specific and unique building forms, mass, and scale of the district and regulate the type, number, height, area, location and all other characteristics of signs to be located therein. All signs within the Gulch Sign Overlay District as set forth in the sign plan are permitted under the regulations set forth in this chapter, even where the erection of such signs might otherwise be in conflict with the chapter. No new sign proposed by the Gulch Sign District shall be considered a billboard as defined.

(c)

Scope: All generally applicable sign regulations in chapter 28A (section 16-28A.001 through .009 and .011 through .017) shall apply unless expressly or clearly contrary to the sign plan or this chapter 16-28B. The regulations contained within this section 16-28B shall apply in lieu of the specific sign regulations for the underlying zoning district.

(d)

Definitions: For the purpose of this chapter the following definitions shall apply and are intended to control within and because of their sole and specific application to the Gulch Sign Overlay District and the sign types permitted therein. The signage types in parenthesis are referenced in the sign plan other than the following definitions, the provisions and definitions set forth in section 16-28A.004 shall apply within the district, however, where there is a conflict, the definition contained in this chapter shall control.

(1)

3D digital projection signs means a sign that uses specialized software and hardware within the district to project dynamic video media onto building façades, sidewalks, and/or any three-dimensional object within the district. The receiving surface for any such sign shall be located within the district. This is sign type (P).

(2)

Banner : A sign of lightweight fabric or similar material that is mounted to a pole or a building by a permanent frame at one or more edges. A flag shall not be considered a banner.

(3)

Beacon : Any light with one or more beams that: (i) is directed into the atmosphere; or (ii) is directed at one or more points not on the same parcel as the light source; or (iii) rotates or moves. A sign created solely by a light or lights projected onto an immovable and unchanging surface shall not be included in this definition.

(4)

Billboard sign : Any freestanding sign over 200 square feet but not greater than 672 square feet. This definition shall only apply to billboards in existence at the time of the adoption of this chapter.

(5)

Block means a building area which is bounded by pedestrian ways, public or private streets or alleys.

(6)

Building marker : A sign, when cut into a masonry surface or made of bronze or other permanent material. Building markers may be building entry signs, retail signs, lobby signs or other type of signs that may take the form of a building marker.

(7)

Building sign : A sign attached to any part of a building, as contrasted to a "freestanding sign."

(8)

Business establishment : An entity that (i) possesses a valid City of Atlanta business license authorizing that entity to operate on said premises, unless said entity is exempt from business licensing requirements; and (ii) occupies said premises.

(9)

Building entry signs means a building sign affixed to or above any building pedestrian and porte-cochere entry. The signage types are pedestrian building canopy signs (B) and building entry identification signs (I).

(10)

Building façade signage means a building sign attached parallel to but within 72 inches of a building façade wall facing a street, provided that no part shall extend beyond the top of the building. Such signs may wrap around the corner of a building. The signage types are digital façade signs (D), static graphics (K) and static building wraps (N).

(11)

Building signature signs means a building sign located at the top of a building four or more stories in height above street viaduct level provided that no part shall extend beyond the top of the building. For the purposes of this section, no part of a parking deck shall be used in calculating the height of the building. The signage type is of building identification signs (A).

(12)

Canopy sign : A 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. Canopy signs may be building entry signs or other types of signs that may take the form of canopy signs.

(13)

City : The City of Atlanta.

(14)

Changing sign means a sign that is capable of changing the visible display of words, numbers, symbols, graphics, and/or position or format of word messages or other displays when such changes are actuated by any type of remote control or automatic mechanism rather than manually. Changing signs shall include mechanically operated devices which change the message through rotation of any type of panel and signs which are illuminated partially or entirely by a matrix of electric lamps, movable discs, movable panels, light apertures, the use of light emitting diodes, back lighting, or any other light source that is electronically changed. Any changing sign that includes both mechanical and electronic elements shall be regulated as an electronically changed sign. A sign that changes no more frequently than once every 24 hours shall not be considered a changing sign.

(15)

Copy : The portion of a sign containing a message consisting of words, numbers, symbols, logos, or any other visual image whether such message or part of such message is permanently affixed or capable of being changed in any manner. Where the term "message" is used in this part, such term refers to the entire "copy" and all other parts of the sign face.

(16)

Director : The director, Office of Zoning and Development (OZD) or such person's designee.

(17)

Construction signs means a temporary sign at ground or street viaduct level affixed to temporary construction barricades, walls, building façades, windows or fences while construction is in progress. This is sign type (M).

(18)

Event signage means a temporary or permanent sign affixed to temporary or permanent open-air structures as part of event spaces located in pedestrian gathering areas. This is sign type (H).

(19)

Flag : A sign consisting of a piece of fabric or similar material attached at one end to a pole or building and hanging freely such that it may flutter or move in the wind.

(20)

Flashing sign : means a sign, the illumination of which is not kept constant in intensity at all times when in use, or which exhibits sudden or marked changes in lighting effects.

(21)

Freestanding sign means a sign not attached to a building or any structure other than its own support. However, for the purposes of this district freestanding signs may be supported by one or more columns, uprights or braces in or upon the ground or the street viaduct level. The signage types are project identification pylons (F) and digital kiosks (G).

(22)

Illegal sign : A sign erected or maintained without a lawful permit or other authorization specified in this section of chapter 28B.

(23)

Land parcel means a parcel lawfully created through the Office of Zoning and Development's subdivision, consolidation, or acknowledgement process and approved by the director and located at street viaduct level which is bounded by pedestrian ways, public or private streets or alleys.

(24)

Large screen video display (LSVD) sign means a type of sign that utilizes full motion video technology consisting of a matrix board from or behind which computerized lights are projected to form images, such as a television.

(25)

LCD means liquid crystal display.

(26)

LED means light-emitting diode.

(27)

Lobby signs means a sign attached, affixed or hung from a wall or ceiling inside a building lobby (E) which is located at least ten feet inside of the exterior wall/window directly in front of the lobby sign building façade.

(28)

Marquee : Any permanent, roof-like structure attached to and projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather. Canopy signs may be attached to or part of a marquee.

(29)

Monument signs means a permanent sign not attached to a building and constructed directly and continuously upon the ground or street viaduct level with no separation between the sign and the ground or the street viaduct level and that is located near building entries. Monument signs shall not be supported by visible columns, uprights, poles or braces and shall be of continuous solid construction without holes, gaps or spacing, or if they are, shall be constructed in a way to provide the appearance of continuous solid construction". This is sign type (C). Monument signs are subject only to the provisions of the sign plan and this chapter.

(30)

Nit : means a unit of measurement for the total brightness over one square meter of an LED display. This value takes into account all of the contributing factors to brightness such as the number of LEDs per pixel, the pixel pitch (distance between pixels) and the brightness of individual LEDs. A nit is also known as candelas per square meter.

(31)

Nonconforming sign : A sign that was lawfully erected prior to the adoption of the earlier of this chapter or chapter 28A and does not conform to the requirements of this chapter or other provisions of Part 16. A proposed sign that was lawfully permitted but not erected prior to the adoption of this chapter 28B shall be considered "erected" within the meaning of this definition provided said permit has not expired prior to the adoption of this chapter and further provided that said permit shall not be extended or renewed.

(32)

Parapet wall : That integral part of a wall that extends above the top of a building.

(33)

Parapet wall sign : A sign attached parallel to a parapet wall, painted on a parapet wall, or erected and confined within a parapet wall, which is supported by said parapet wall and which displays only one sign face.

(34)

Pennant : 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.

(35)

Person : Any association, company corporation, firm, individual, organization, or partnership, singular or plural, of any kind.

(36)

Portable sign : A sign designed to be transported, including, but not limited to: signs designed to be transported by means of wheels; signs made as A frames or T frames; balloons used as signs; beacons; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day to day operations of the business. This definition shall not be construed to include signs contained on umbrellas, carry bags, or similar objects ordinarily carried or held by pedestrians.

(37)

Property owner sign means a sign face installed on a sign structure allowed in this Gulch Sign Overlay District and authorized by the sign plan that is not in use by a tenant as a business identification sign.

(38)

Real estate signs : Signs that identify or advertise the sale, lease or rental of a particular structure or land parcel and limited to: wall, window and ground signs.

(39)

Retail signs : means a building sign on retail storefronts, entries and retail building façades provided that no part extends above the highest slab above the leased premises. The signage types are retail tenant signs (I) and blade signs (O).

(40)

Roof sign : A sign, any part of which is placed above, supported on, or extends above the top of a building, excluding parapet wall signs and which is not permitted.

(41)

Rotating sign : A sign designed to revolve, rotate, or otherwise turn, in whole or in part, by means of electrical power.

(42)

Sign means any device, fixture, placard, display or structure, whether located inside or outside of a building, visible to the general public that uses or is designed to use any color, form, graphic, illumination, symbol, writing or visual presentation of any kind to advertise, announce, draw attention to or identify any on premises or off premises product, place, activity, person, institution, business or other entity, or to communicate a message or information of any kind to the public. "Sign" shall include both the sign face and sign structure. Signs inside buildings or parking decks not visible to the general public from a private or public right-of-way or sidewalk are not "signs."

(43)

Sign face : The portion of a sign on which the copy, message, or other visual image to be communicated is placed or is intended or designed to be placed.

(44)

Sign plan means the comprehensive and uniform details and specifications for signage approved for this Gulch Sign Overlay District attached to the authorizing ordinance creating the Gulch Sign Overlay District which is available online at https://ditweb.atlantaga.gov/fal/. The pictures contained in the sign plan are illustrative and generally depict the sign types allowed.

(45)

Sign structure : The portion of a sign consisting of the total structural bracing system supporting said sign including the foundation.

(46)

Street viaduct level : The level of the street network as defined by the general elevation of Centennial Olympic Park Drive NW, Martin Luther King Jr. Drive SW, Mitchell Street NW, Ted Turner Drive NW, Forsyth Street SW and Marietta Street NW. All heights in this section area measured from the street viaduct level unless otherwise indicated.

(47)

Suspended sign : A sign that is suspended from the underside of a horizontal plan surface and is supported by such surface.

(48)

Temporary sign : A sign mounted on a stake or frame that is used for a limited time period, not to exceed 60 consecutive days, and without regard to message. Temporary signs can be renewed for an additional 60 days by special administrative permit. Temporary signs also include, but are not limited to, signs for events, campaigns, real estate, and construction in progress.

(49)

Total area of the wall : The total exterior wall surface area measured in square feet above streetscape viaduct level including all opaque portions, glass portions, and door areas.

(50)

Wayfinding sign : A pedestrian or auto oriented sign which indicates the route to, direction of or location of a given goal, or which provides regulatory or service information of a non-advertising character.

(51)

Window sign: A temporary or permanent sign that is placed on, affixed to, painted on or located either on the exterior of a window or glass pane, within the casement or sill area of a window or glass pane or on an interior wall of a business establishment and is visible from the exterior of the structure. Multiple pieces of glass separated by mullions will be aggregated and be considered one pane. The signage type is window signs (Q), but can also be a retail tenant sign (I). Window signs are subject only to the provisions contained in the sign plan and this chapter.

(e)

Sign standards.

(1)

Types : The signage types in parenthesis are referenced in the sign plan.

(2)

Number : The total number of signs shall not exceed the number identified in the sign plan for each type of sign.

(3)

Height : The height of signs shall not exceed the height, whether expressed in minimum or maximum feet, specified in the sign plan for each type of sign.

(4)

Area : The total area of any sign shall not exceed the total area specified in the sign plan for each type of sign.

(5)

Shared access and assignment of sign locations : Applicants seeking a permit for a sign in this district shall submit an application on a form to be developed for this Gulch Sign District by the Office of Zoning and Development.

(f)

Billboard signs. New billboard signs shall not be permitted.

(g)

Flashing, changing signs, and LSVD signs. Flashing, changing, and LSVD signs, are permitted as specified in the sign plan.

(h)

Signs extending over public right-of-way. Signs extending or projecting over any property line onto a public sidewalk or public right-of-way shall be subject to all other provisions of section 16-28A.012, of Part 16, and of any other applicable requirements of the Code of Ordinances of the City of Atlanta governing such signs.

(i)

Sign lighting.

(1)

Signs may be internally or externally lit. All sources of light associated with a sign shall be determined not to materially affect or shall be effectively shielded from adjacent properties zoned R-1 through R-5, RG, or MR.

(2)

Signs may be lit in any of the following ways: internally or externally illuminated, halo-lit, exposed neon, exposed light bulbs, internally illuminated letters, and externally illuminated letters, face lighting, LED displays, LED-faced letters, LCD displays, interactive digital displays, stage and production lighting, and large screen video display (LSVD) as specified in the sign plan.

(3)

All sign lighting shall comply with the light intensity limits as set forth in the sign plan. Each sign permit application shall include a notarized form that the sign will not exceed those light intensity limits. Each sign permit shall be conditioned on such sign not exceeding these light intensity limits.

(4)

Upon installation and on an annual basis thereafter, sign permit owner shall certify the intensity limits of any lighting from time to time at the request of the city.

(j)

Computations.

(1)

Area of sign face and distance between signs : All regulations involving the area of signs shall be interpreted to mean measurements of the sign face unless the context, text or usage clearly requires otherwise. All regulations involving distances from or between signs shall be interpreted to refer to any part of a sign, including both the sign structure and the sign face.

(2)

Computation of sign area of individual signs : The area of a sign shall be the total area within the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with the total area of any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets the regulations of this section and is clearly incidental to the display itself.

(3)

Computation of area of multifaced signs : Where the sign faces of a double-faced sign are parallel or the interior angle formed by the faces is 60 degrees or less, only one display face shall be measured in computing sign area. If the two faces of a double-face sign are of unequal area, the area of the sign shall be the area of the larger sign face. In all other cases, the areas of all sign face of a multifaced sign shall be added together to compute the area of the sign.

(4)

Computation of height of sign: The height of a sign shall be computed as the distance from the base of the sign at street viaduct level to the top of the highest attached component of the sign. No portion of any sign shall extend above the top of the building or building parapet upon which it is located.

(k)

General regulations . The following general regulations shall apply to this chapter:

(1)

Portable signs : Portable signs shall be permitted as temporary signs.

(2)

Liability insurance for projecting and suspended signs : All permits for projecting or suspended signs that are suspended or project above a public street or public sidewalk or other public vehicular or pedestrian thoroughfare shall be conditioned upon the obtaining and continuous maintenance of liability insurance by the owner for such sign in an amount not less than $1,000,000.00 per occurrence per sign. Said insurance policy shall not contain a deductible in excess of $1,000.00. The owner shall provide to the director a certificate of insurance that names the City of Atlanta as an additional named insured and that requires notice to the City of Atlanta at least 30 days prior to cancellation or termination. The owner of such sign shall provide proof of these insurance requirements in a form acceptable to the director prior to issuance of a permit. The owner of such sign shall maintain said liability insurance for the life of the sign, and any sign not so insured by the owner shall automatically be deemed illegal as of the date of said insurance lapse and be immediately removed by the owner. In addition, the director, prior to issuance of a permit for such sign, shall require that the owner of such sign execute a statement appearing on the face of the permit or affixed thereto, agreeing to indemnify the city and holding the city harmless from any and all claims of any kind relating to said sign, which indemnification shall not be limited to the terms of liability insurance required herein.

(3)

Temporary signs : Temporary signs do not require a sign permit.

(4)

Messages : The copy of signs allowed herein may not contain obscenities, nudity or sexual conduct as defined by O.C.G.A. § 32-6-52 or as thereafter amended.

(5)

Protection of trees : Removal, destruction, topping, pruning or cutting of any trunk, branch, roots or other vital section of any tree shall be allowed if such tree interferes with the visibility of or otherwise affect a sign with a permit obtained from the city arborist. In deciding whether or not to issue such permit, the city arborist shall consider the following factors:

a.

Conformance with the City of Atlanta tree ordinance.

b.

Whether the tree(s) involved are historic or specimen trees.

c.

The degree to which the proposed cutting or pruning is likely to damage the trees.

d.

The impact of the proposed cutting or pruning on Atlanta's urban forest environment.

e.

The following species of trees, if 12 inches or smaller DBH and located on private property, are exempt from the permitting, posting, replacement, and recompense portions of Chapter 158 whereby a property owner may remove, cut or prune the tree located on her/his property without obtaining a permit, posting, replacing the tree or paying recompense: Mimosa - Albizia julibrissin; Tree of heaven - Ailanthus altissima; White mulberry - Morus alba; Paper mulberry - Broussonetia papyrifera; Chinaberry - Melia azederach; Princess tree - Paulownia tomentosa; Carolina cherry laurel - Prunus caroliniana; Bradford Pear - Pyrus calleryana; Leyland cypress -x Cupressocyparis leylandii.

(6)

Building signature signs : Building signature signs where permitted by this district shall be governed by the sign plan.

(7)

Signs inside of a building : Notwithstanding the provisions of this section, certain signs inside of a building other than temporary signs may require a permit if they are designed to be visible to the general public from a public right-of-way or sidewalk outside of the Sign District. Signs inside of a building are subject only to the provisions of the sign plan and this chapter.

(8)

General clearance requirements : No sign otherwise permitted in a particular district shall be allowed to project any closer than 18 inches from the inner curb line. All signs shall be so located and shall provide such vertical clearance as to provide for safe, convenient and unobstructed passage for pedestrians and vehicles. Above sidewalks or any other public pedestrian ways, vertical clearance to the lower portion of any canopy or marquee sign, projecting sign or wall sign, or freestanding sign shall be at least ten feet. Above parking areas and driveways other than for large trucks, such vertical clearance shall be a minimum of 14 feet. Above service and other driveways for large trucks, such vertical clearance shall be a minimum of 14 feet. Signs shall not be erected or maintained which obstruct any fire escape, any means of egress or ventilation, or prevent free passage from one part of a roof to any other part thereof; nor shall any sign be attached in any manner to a fire escape.

(9)

Approved historic marker : An approved historic marker is a sign created through a program directly administered by a non-profit organization chartered for the purpose of research and education in Georgia history. All approved historic markers shall be freestanding, two-sided, cast aluminum markers of the same size, shape and height (including the support pole), as that marker previously used by the Parks, Recreation and Historic Sites Division of the Georgia Department of Natural Resources in the State of Georgia historical marker program. An approved historic marker shall have a total plate size of 38" x 42" and a black background with text in silver. The lettering of the approved historic marker text shall be no more and no less than one inch in height and the text shall be the same on each side. Any seal of the sponsoring historic society shall be painted in the same color as the text and shall not exceed an area of 96 square inches.

(10)

Regulations for changing signs and signs employing changing sign technology: Changing signs or signs employing changing sign technology that are not LSVD signs are subject to the subject to the requirements of the sign plan and the following:

a.

Any sign which is directly or indirectly illuminated, including electronically changed signs, shall be reviewed by the director of the bureau of traffic and transportation prior to the issuance of a permit for compliance with this subsection.

b.

No sign shall be erected, and there shall be no lighting of signs or premises in such a manner and location so as to obstruct the view of, or be confused with any authorized traffic signal, notice or control device, or with lights on any emergency vehicle, or so to create hazards or distractions to drivers because of hazards created by direct or reflected natural or artificial light, flashing, intermittent or flickering lighting or real or apparent movement.

c.

No flashing or animated sign shall extend over a public right-of-way, not including public right-of-way (if any) that is located below the viaduct level.

d.

Each message displayed on any changing sign display shall remain static for at least ten seconds following the completion of its transition from the previous message. As used in this subsection "static" shall mean a display that is fixed in one position with no portion of the display being in motion or changing in color or light intensity. This provision does not apply to any sign message showing full motion video.

e.

When a message is changed electronically, the transition between a complete static display of the previous message and a complete static display of the next message shall be accomplished in two seconds or less. The transition period shall be measured as that period between the time that the previous message is static and fully illuminated and the next message is static and fully illuminated. This provision does not apply to any sign message showing full motion video.

f.

An electronically changed sign which uses the scrolling of letters, numbers or symbols onto the sign face to form words or messages shall be allowed to appear on the sign face from only one direction for each static display. Messages transitions achieved by means of the scrolling of the letters, numbers or symbols shall be completed within two seconds and shall remain static for at least ten seconds following the completion of the transition from the previous message.

g.

Certain signs are subject to the light intensity limits measured in nits contained in the sign plan so that the brightness of the display does not cause a glare or other condition that impairs the vision of the driver of any motor vehicle.

h.

A sign which is not permitted to be a changing sign and employing any changing sign technology shall contain only static messages and shall not be allowed to change more than once every 24 hours.

i.

If any sign is found to constitute a traffic hazard, the owner of the sign shall be required to reduce the intensity of the condition or effect which caused the hazard to a level acceptable to meet all city, state and federal guidelines, as amended, modified or waived over time. The director may, through the issuance of a stop work order, cause an immediate cessation of such conditions or effects where an imminent danger to the traveling public is found.

(l)

Signs not requiring a permit . The following signs shall not be required to obtain a sign permit. Notwithstanding, they are subject to all applicable requirements in this part and in city Code:

(1)

Temporary signs.

(2)

Temporary window signs.

(3)

Lights and decorations, including strings of lights not permanently mounted to a rigid background.

(4)

Flags, banners, pennants, bunting or other forms of decoration that contains any advertising or any reference to any organization organized or operated for profit or which contains advertisement of any festival, sporting event, other event or occurrence to take place under the sponsorship or for the benefit of any person operating for profit shall be permitted as temporary signs.

(5)

Parking lot or parking deck identification signs located at entrances or exits.

(6)

Approved historic markers. Signs which do not meet the requirements for approved historic markers provided above as to size, shape, height, plate size, and allowable text or decoration are not "approved historic markers," even if erected for the purpose of commemorating historical events or persons, and shall be required to obtain a permit in accordance with the City of Atlanta Sign Ordinance.

(7)

Wayfinding signs.

(8)

Real estate signs.

(m)

Construction and maintenance . All signs shall be constructed and maintained in accordance with the following standards:

(1)

All signs shall comply with all applicable provisions of the City of Atlanta Building Code at all times, provided that if any provision of said code directly conflicts with a provision in this chapter, this chapter shall control.

(2)

All signs shall comply with all applicable provisions of the City of Atlanta Electrical Code at all times, provided that if any provision of said code directly conflicts with a provision in this chapter 28B, said electrical code shall control.

(3)

Except for banners, flags, temporary signs, static building signs or wraps and window signs conforming in all respects with the requirements of this chapter 28B, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame or structure.

(n)

Procedures .

(1)

Sign permits:

a.

No sign shall be placed, constructed, erected or modified without first securing an entitlement permission from the director of office of zoning and development in accordance with these procedures, except for those signs exempted by the specific language of this chapter 28B.

b.

No sign permit of any kind shall be issued for an existing or proposed sign unless such sign meets all of the requirements of this chapter 28B or is a lawful nonconforming sign under this chapter 28B.

c.

A sign permit shall be required for a change of materials or for the substitution of panels or faces on a sign to verify that the sign is structurally sound, is at a location, and is of a size and height, which meets the requirements for a lawful sign under this part.

d.

No permit will be issued for any change to a legally nonconforming sign that enlarges or expands the degree of nonconformity, provided however that repairs and normal maintenance of legally non-conforming signs including the repairs and maintenance necessary to allow conversion of the sign face for the utilization of changing sign technology shall not be considered an expansion of the degree of non-conformity. An existing changing sign that is legally non-conforming shall be allowed to utilize this provision for purpose of installing a different changing sign technology.

e.

The first sign permit in this district shall not be issued prior to the receipt by the city of a land development permit application for a parcel or aggregate parcels totaling not less than ten acres within the Gulch Sign Overlay District. This provision will not apply to construction signage.

(2)

Permit procedures : The following procedures shall govern the application for and issuance of all sign permits under this section of chapter 28B.

a.

Application procedures: Applicants seeking a permit for a sign in this district shall submit an application on a form to be developed for this district by the department of city planning. The application shall require a notarized form stating that the requested sign face, size, height, number and location are authorized by the owner the signage rights for the property, building, or portion of building where such sign is proposed to be located.

b.

Each application shall be accompanied by the applicable fees established by the governing authority from time to time. No application shall be deemed to be accepted by the director unless all fees are paid and all information reasonably required by the director of office of zoning development is provided by the applicant. All applications for construction, creation or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings showing the dimensions, design, structure, and location of each particular sign, as well as total wall area dimensions when necessary to determine compliance with this chapter 28B. One application and permit may include multiple signs on the same lot where said multiple signs are otherwise permissible by this chapter 28B.

c.

All applications for sign permits shall be either issued or denied within 30 days of their submission. If the sign permit is neither issued nor denied within this time period, the applicant may at their own risk erect a sign meeting the requirements of this part as if the application had been granted. The director of office of zoning development is authorized, however, upon determination that a sign, erected for any reason, is not in compliance with these regulations, to take the appropriate action necessary to cause it to come into compliance or to be removed if illegal. After examination of an application, including an application which has been filed for more than 30 days, the director shall either:

i.

Issue the sign permit if the sign(s) conform(s) in all respects to the requirements of this chapter 28B and all other applicable city Code provisions; or

ii.

Deny the sign permit if the sign(s) fail(s) in any way to conform to the requirements of this chapter 28B or any other applicable city Code provision. In case of a denial, the director of office of zoning development shall notify the applicant in writing at the address set forth in the application.

(3)

No illegal display, feature, attribute or other part of any otherwise permitted sign shall be considered legally non-conforming and no illegal sign shall become legally non-conforming by reason of failure of the director to deny the permit within 30 days of the submission of the application.

(4)

Inspections: The director shall, at any time deemed necessary, inspect each sign regulated by this chapter 28B to ensure conformity with these regulations and other ordinances of the city. The director is hereby authorized and empowered to revoke any permit issued upon failure of the holder thereof to comply with any provision of this chapter 28B or other ordinances of the city, or to take other action lawful and necessary to assure correction of violations.

(5)

Lapse of sign permit: Sign permits do not lapse automatically and are not deemed illegal if the business license for the premises lapses, is revoked or is not renewed.

(6)

New buildings or new signs : For any building or sign constructed in the Gulch Sign District after the effective date of creation of this Gulch Sign District, the signage shall be governed by this chapter and not the sign regulations for the underlying zoning district. For buildings or signs in existence prior to the effective date of creation of this Gulch Sign District, the signage shall be governed by the sign regulations for the underlying zoning district.

(o)

Nonconforming sign regulations .

(1)

A nonconforming sign may remain in use subject to the requirements of chapter 24 of Part 16, and the following requirements, as well as any other applicable requirements of the Code of Ordinances of the City of Atlanta. Said nonconforming sign shall be deemed to be "structures and premises in combination" for purposes of regulation under chapter 24 of Part 16.

(2)

Any nonconforming sign which is not used or leased for a continuous period of one year shall not be reused for sign purposes unless and until it fully conforms with the terms and requirements of this section of chapter 28B.

(3)

The substitution or modification of panels or faces on nonconforming signs and repainting, refacing or repostering nonconforming sign shall be permitted to the extent authorized by this chapter 28B and chapter 24 of Part 16. Repairs and normal maintenance of nonconforming signs, such as repainting, electrical repairs, and neon tubing repairs, shall be permitted, to the extent authorized by this chapter 28B, and chapter 24 of Part 16, provided it does not enlarge or expand the degree of nonconformity.

(p)

Determination concerning sign plan when in doubt . The provision of section 16-28.003 shall apply except that the word "sign" shall be substituted for the phrase "uses or classes of uses" and the titles "office of buildings" and "office of zoning and development" shall be substituted for the titles "bureau of builders" and "bureau of planning" respectively.

(q)

Violations and enforcement . Any person violating any provision of this chapter 28B shall be guilty of an offense and punished in accordance with the enforcement provisions of chapter 30 of Part 16 of the Code of Ordinances. This chapter shall be enforced by the director, except where otherwise specified. Each sign installed, created, erected or maintained in violation of this chapter 28B shall be considered a separate violation, and each day of a continued violation for each sign shall be considered a separate violation when applying the penalties of chapter 30 of Part 16. In addition to the enforcement and penalty provisions in chapter 30 of Part 16, the director shall be authorized to remove any illegal sign and place a lien for the removal costs against the property upon which the sign was located prior to removal. Any person damaging any tree in violation of this section shall, in addition to other penalties imposed by this part, be required to replace any such tree with a healthy tree or trees of like caliper and species, if, in the judgment of the city arborist, such tree is permanently injured or impaired or in danger of dying as a result of such damage.

(r)

Variances limited . The provisions of this chapter 28B may be varied only pursuant to the following requirements. The board of zoning adjustment, the urban design commission, or any other duly authorized administrative body shall have the power to grant variances relating to the height of signs, sign setbacks, topographic conditions which would prevent the erection of a sign which is otherwise permissible under this chapter 28B, and similar minor variances, according to their authority, and which are not otherwise expressly prohibited below. Neither the board of zoning adjustment, the urban design commission, nor any other authorized administrative body shall have the power or authority to vary the express terms of this chapter 28B related to the number of signs, the total area of signs permitted on a lot, distance and spacing requirements, or removal of illegal signs. Further, the board or other commission or administrative body shall have no power to permit within in this district. Any sign not otherwise authorized by this chapter 28B. Appeals from decisions of the director shall be as authorized by section 16-30.010 of this part.

(s)

Severability of regulations . Should any section or provision of this chapter 28B, or the application thereof to any person or circumstance, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this chapter 28B as a whole or any section thereof other than the section or provision, or application thereof, specifically declared to be invalid.

( Ord. No. 2018-15(18-O-1212), § 1(Att. A), 5-29-18 )