§ 16-28A.007. General regulations.

The following general regulations shall apply to all signs located in the city:

(a)

Portable Signs: Portable signs, subject to 16-28A.013(e), shall be permitted in districts C-1 through C-5, I-1, I-2, SPI-1, and SPI-9 and only for a period of time not exceeding 30 consecutive days within a 365 day period. At no other time and in no other place shall such signs be permitted, except as may be specifically authorized within public rights-of-way under section 16-28A.012.

(b)

Billboard Signs: Billboard signs are permitted only in the I-1 and I-2 industrial districts and are subject to all of the following requirements:

(1)

No billboard sign shall be located within 300 feet of any residential district boundary line as measured in a straight line from said boundary line to the nearest edge of the sign.

(2)

No billboard sign shall be located within 500 feet of another billboard sign as measured in a straight line from the nearest edge of the signs.

(3)

No billboard sign adjacent to an interstate highway shall be located within 1,000 feet of another billboard sign adjacent to an interstate highway and on the same side of said interstate highway, as measured in a straight line from the nearest edges of the signs.

(4)

No billboard sign shall be located within 300 feet of the boundaries of any property which (i) is now on or may be subsequently named to the National Register of Historic Places or (ii) is now or may be subsequently designated as a landmark district, historic district, conservation district, landmark building or site, or historic building or site under chapter 20 of Part 16, as measured in a straight line from said boundaries to the nearest edge of the sign.

(5)

No billboard sign shall be located within 300 feet of any governmental building owned by a local, state, or national government, or a public authority thereof, as measured in a straight line from said building to the nearest edge of the sign.

(6)

No billboard sign shall be located within 300 feet of any portion of a Metropolitan Atlanta Rapid Transit Authority station structure as measured in a straight line from said station to the nearest edge of the sign.

(7)

No billboard sign shall be located within 1,000 feet of the Freedom Parkway as measured in a straight line from said parkway to the nearest edges of the sign.

(8)

No billboard sign shall be located in a manner such that any part of said sign is visible from the Freedom Parkway.

(9)

No billboard sign shall be located within 500 feet of the boundaries of a public park as measured in a straight line from said boundaries to the nearest edge of the sign.

(10)

No billboard sign shall be stacked on top of another billboard sign.

(11)

All distance requirements specified in this subsection 16-28A.007(b) shall apply regardless of the existence of intervening streets or lots.

(c)

[Reserved.]

(d)

Institutional Signs: On institutional property, one sign not exceeding 35 square feet in sign area is permitted in R-1 through RG and MR residential districts only where such use shall have been approved by special permit or where such use is a legal nonconforming use in such residential district.

(e)

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.

(f)

[Reserved.]

(g)

Messages: Any sign allowed herein may contain any lawful message so long as said sign complies with the size, height, area and other requirements of this chapter and of Part 16 of the Code of Ordinances.

(h)

Signs Not to Constitute Traffic Hazard: No animated flashing or changing sign shall be located adjacent to an interstate highway or be visible from any portion of said highway unless the sign is otherwise permitted by state law and complies with the following:

(i)

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 (h).

(ii)

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 direct or reflected natural or artificial light, flashing, intermittent or flickering lighting or real or apparent movement.

(iii)

No flashing or animated sign shall extend over a public right-of-way.

(iv)

If any sign is found to constitute a traffic hazard, the owner of the sign may be required to reduce the intensity of the condition or effect which caused the hazard to a level acceptable to the bureau of traffic and transportation. 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.

(i)

Sign Lighting: Any sign erected subsequent to the effective date of this amendment shall, if externally lighted, be lighted from the top and the lighting shall be directed downward onto the sign. Lighting associated with a sign shall be directed at the sign face. All sources of light associated with a sign shall be effectively shielded from adjacent residential districts and streets. Lighting associated with a sign shall not exceed one and one-tenth (1.1) foot candles in intensity when measured within any portion of a residential district.

(j)

Temporary Signs: Temporary signs are permitted in all zoning districts, subject to the applicable sign regulations governing temporary signs in such districts. In the event the sign district regulations do not set forth limitations on temporary signs, the following shall apply:

(1)

In R-1, R-2, R-2A, R-2B, R-3, R-3A, R-4, R-4A, R-4B, R-5, PD-H, SPI-5, SPI-6, SPI-8, R-G, and MR districts, two unlighted temporary signs per lot shall be permitted, each not to exceed six square feet in sign area.

(2)

In R-LC and O-I districts, two unlighted temporary signs per lot shall be permitted, each not to exceed 25 square feet in sign area.

(3)

In remaining districts, two unlighted temporary signs per lot shall be permitted, each not to exceed 50 square feet in sign area. In R-LC through I-2 districts, two unlighted signs of the sign area specified in the applicable district are allowed for each 400 feet of street frontage or portion thereof, for each separate street on which the property faces.

(4)

Where buildings are set back along the front or side street to a depth greater than ten feet, such sign shall not be placed closer than ten feet to the property line; where buildings have setbacks less than ten feet such sign may be placed on the building wall or within the zone between the building wall and the street. No such sign shall be erected within ten feet of an interior side lot line.

(k)

[Reserved.]

(l)

[Reserved.]

(m)

Maximum Height of Signs: No portion of any sign shall extend above the top of the building upon which it is located. When attached to buildings over 30 feet in height, no portion of a sign shall be located more than 30 feet in height above ground level, provided that when the ground level is lower than the level of the adjoining street pavement, said sign may be raised so as to be not more than 20 feet above the level of the pavement.

(n)

Protection of Trees: No removal, destruction, topping, pruning or cutting of any trunk, branch, roots or other vital section of any tree shall be allowed, whether or not such tree may interfere with the visibility of or otherwise affect a sign, without a permit obtained from the city arborist. In deciding whether or not to issue such permit, the city arborist shall consider the following factors:

(1)

Conformance with the City of Atlanta tree ordinance.

(2)

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

(3)

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

(4)

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

(o)

Location of Freestanding Signs: Freestanding signs shall be located ten or more feet from the nearest wall of a principal structure and shall not project over the roof of any structure. If a building existing on the date of adoption of this chapter is located in such a way that there is no place on its lot that is more than ten feet from a wall of the building, and if a freestanding sign would otherwise be permitted on such lot, then the director shall permit a freestanding sign to be located nearer than ten feet to the building provided that such sign is kept as far as practicable from the building, does not result in an unsafe condition, and otherwise complies with the requirements of this part.

(p)

Building Signature Signs: Building signature signs where permitted by district regulations are subject to the following conditions unless otherwise modified by a more specific district regulation:

(1)

Only one building signature sign shall be allowed on any side elevation of the building and further provided that no building shall contain more than one such sign per side elevation.

(2)

Building signature signs may supersede the more restrictive height limit set forth in section 16-28A.007(m) including the 200 square foot area limitation imposed by the applicable zoning district.

(3)

Building signature signs are allowed only on buildings four or more stories in height provided no part of such sign shall extend above the top of the building.

(4)

The area of a building signature sign shall not exceed five percent of the area of the wall to which it is affixed, and shall not be included in computing the total area of signage imposed by each zoning district for other signs.

(5)

Building signature signs shall be allowed only for an owner or principal occupant as defined in section 16-28A.004. Changes in ownership or occupancy that result in non-compliance with this chapter shall require the removal of the subject sign.

(6)

[Reserved.]

(7)

Building signature signs are subject to the prohibition against roof signs. Walls erected on the roof of a building regardless of whether such wall projects above its top are not parapet walls and no such wall may be used as a building signature sign or to support a building signature sign.

(8)

An applicant seeking permission to erect a building signature sign shall provide notarized documentation that it has an ownership interest in the building or that it meets the conditions required to be considered a principal occupant and has permission from the owner to make the application. In determining the level of ownership necessary to qualify as an owner, the city presumes, based on the documentation required to be produced, that the applicant has made such arrangements with other claiming ownership interest as may be necessary to allow the applicant to claim that it may apply for the sign as an owner. As a part of the documentation, which may be, but is not required to be on a form supplied by the city, the applicant shall acknowledge and agree:

(i)

That neither the city nor its administrative officials are confirming whether the application is in conflict with the rights of others claiming ownership rights or others claiming to be principal occupants regardless of whether such claims are known or unknown;

(ii)

That the applicant has made the statements in the application subject to the state law penalties which apply to false, fictitious, or fraudulent statements or entries in a matter within the jurisdiction of a department or agency of the government of a city;

(iii)

That the city and its administrative officials are relying on the sworn statements in the application in making its determination that the application meets the criteria set forth in this chapter;

(iv)

That the city and its administrative officials are authorized to audit the leases for a principal occupant to verify that the level of occupancy and length of the lease term meets the requirements of this chapter and that the applicant agrees to cooperate when requested to produce such documents.

(9)

The issuance of a sign permit pursuant to this chapter is limited to a determination that the application included the required documentation, that the building on which the sign is to be erected met the requirements of this chapter and that the sign erected or to be erected met the requirements of this chapter. Those determinations are, in part, based on the notarized documentation provided by the applicant concerning the allocation of private rights subject to contracts and/or leases with other parties and therefore the city's issuance of such permit:

(i)

Shall not be considered to be the decision of the city or any administrative official that such permit has the effect to determine, supersede, amend or modify private rights of ownership in any sign or in any building where such sign may be legally erected in that the city and its administrative officials are relying on the sworn representations of the applicant in issuing the permit; and

(ii)

Shall not be considered to be the decision of the city or any administrative official that such permit has the effect to determine, supersede, amend or modify the private rights created in or by any lease or contract between any parties in that the city and its administrative officials are relying on the sworn representations of the applicant in issuing the permit; and

(iii)

Shall not give standing to another party to request that the board of zoning adjustment determine whether ownership rights in the building or a contractual right or leasehold right gives such party the right to control the erection of or the content of the sign for which the permit was issued. While no building signature sign may be erected without a permit, the allocation of the right between private parties as to which party has the right to apply for and erect a permitted building signature sign on a building where such sign could otherwise be erected shall at all times be determined by the contractual, leasehold or ownership rights of the qualifying principal occupants and the owners, such that in the case of this type of dispute, the parties shall be obligated to settle such dispute between them in a court of competent jurisdiction in that the board of zoning adjustment is not empowered to make such determinations.

(q)

Signs Inside of a Building: Notwithstanding the provisions of section 16-28A.008(2), certain signs inside of a building may require a permit to demonstrate that such signs conform with the district regulations where said signs function in a manner that is substantially equivalent to signs that would require a permit if placed on the outside of that building. Specific examples of signs that function in a manner that is substantially equivalent to signs placed on the outside of a building include the types of signs regulated by this subsection. However, a sign that is not specifically regulated by this subsection may still be considered to function in a manner that is substantially equivalent to a sign placed on the outside of a building. This section shall be considered authority to require that such sign apply for and receive a permit that complies with this chapter.

(1)

Illuminated and changing signs may not exceed 30 percent of the area of any window or door where such sign is installed and shall be less than 12 square feet in total size regardless of the size of the window; provided however that no one sign shall exceed six square feet and further provided that where district regulations impose stricter controls on signs inside of a building or window signs, that the district regulations shall control. Illuminated or changing signs exceeding these limits shall not be considered signs inside of a building and require a permit.

(2)

No sign installed in any enclosed space on a roof or rising above the level of a roof in that enclosed space shall be considered a sign inside of a building; provided however that where such signs are permitted by the district regulations they shall not be considered to be in conflict with this section.

(3)

Window coverings of any type being used for the purpose of shielding interior construction activity or a vacant tenant space on the ground level of commercial or multi-family buildings shall be considered signs inside of a building and no permit shall be required and shall be subject to the following limitations:

(i)

In R-G districts, signs posted inside of a building shall not exceed six square feet in surface area.

(ii)

In R-LC and O-I districts or where the district regulations do not otherwise specify, signs posted inside of a building shall not exceed 25 square feet in surface area.

(iii)

In C-1 through C-5 district signs posted inside of a building shall not exceed 50 square feet.

(iv)

One sign of the size specified above is allowed for each 400 feet of street frontage or portion thereof, for each separate street on which the property faces, provided however that the posting of an exterior sign shall count against the square footage of signs allowed inside of a building.

(r)

Temporary Signage During Construction: Temporary signage during construction shall be permitted as follows:

(1)

In R-1 through R-5 and PD-H zoning districts. Unilluminated signs are permitted in single-family two-family and planned development-housing districts provided they are placed no earlier than the start of construction and removed within 30 days of issuance of a certificate of occupancy. Such signs shall be limited to one sign per dwelling not to exceed six square feet per contractor or subcontractor.

(2)

All other zoning districts: In all other zoning districts, unilluminated signs are permitted provided they are placed no earlier than the start of construction and removed whenever a certificate of occupancy issued. Such signs shall be limited to one sign per job site not to exceed 16 square feet per contractor and six square feet per subcontractor.

(3)

A temporary construction fence around an active construction site may be decorated with colors, graphics, symbols, writing, or other visual presentations. A temporary construction fence is permitted only if it is placed no earlier than the start of construction and removed whenever a certificate of occupancy is issued.

(s)

General Clearance Requirements: No sign otherwise permitted in a particular district shall be allowed to project any closer than 18 inches from the inner curbline. 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.

(t)

Flags: In addition to the flags authorized under section 16-28A.008(4), one flag not exceeding 60 square feet in sign area may be flown on each lot within the following districts: R-LC; O-I; C-I through C-5; I-1; I-2; SPI-1; PD-MU; PD-OC; and PD-BP. Said flag shall not be counted in computing the number or total area of signs specified in the district regulations. Flags exceeding the size limits herein shall be permitted and counted as signs to the extent authorized under the applicable district regulations.

(u)

Neon: Neon lighting shall be allowed only in the following districts: C-1 through C-5; PD-MU; PD-OC; I-1; I-2; SPI-1; Subareas 1 (Mill) and 5 (Transitional Commercial/Industrial) of LD-20A (Cabbagetown); Subareas 4 (Auburn Commercial Corridor) and 5 (Edgewood Commercial Corridor) of LD-20C (Martin Luther King, Jr. Landmark District); LD-20H (Hotel Row Landmark District); Subareas 2 (Transitional Commercial) and 3 (Transitional Industrial) of HD-201 (Adair Park); LD-20N (Castleberry Hill Landmark District).

(v)

Additional Standards for Signs in Landmark and Historic Areas: In determining the appropriateness or location of new signs proposed to be placed within the boundaries of any landmark building and site, historic building and site or any property within a landmark district or historic district, the urban design commission shall apply the following criteria in addition to the applicable criteria for certificates of appropriateness specified in chapter 20 of this Part 16:

(1)

The size, scale and design of the sign shall be compatible with the size, scale and design of the property, building or site upon which it is to be located.

(2)

The sign's materials shall be compatible with the period and style of the property, building or site.

(3)

The sign's location shall not obscure any significant architectural features of the building or site.

(4)

The sign's installation shall not irreparably damage any cornice, ornament or similar architectural detail and shall be the least damaging method feasible for the property, building or site.

(5)

The content of the message to be conveyed shall not be considered.

(6)

Whenever in these regulations a certificate of appropriateness is required for a sign, the certificate shall be granted or denied within 30 days from the filing of the initial application. If the certificate is not granted or denied within that time period, the applicant may proceed as if the certificate had been granted. Provided, however, if the commission subsequently takes action on the certificate, the director is authorized to take the appropriate action necessary to cause the sign to come into compliance with that decision.

(7)

Any appeal from any decision made on the issuance or denial of a certificate shall be granted or denied within 60 days of the initial filing of the appeal. If the appeal is not granted or denied within this time period, the applicant may proceed as if the appeal was decided in his favor. Provided, however, if action is subsequently taken on the appeal, the director is authorized to take the appropriate action necessary to cause the sign to come into compliance with that decision.

(w)

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" × 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.

(x)

Regulations for Changing Signs and Signs Employing Changing Sign Technology:

(1)

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.

(2)

When a message is changed mechanically, the transition between a complete static display of the previous message and a complete static display of the next message shall be accomplished in three seconds or less. The transition period shall be measured as that period between any movement of any part of the display of the previous message and the time that the display of the next message is fully static.

(3)

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.

(4)

No changing sign may include animated, flashing, full-motion video or other intermittent elements. The transition period between two fully illuminated static messages displays in an electronically changed sign shall not be considered an intermittent element so long as the purpose of the changing light intensity is to fade or dissolve into the next message.

(5)

No changing sign may have any type of changing effect on the border of the sign that is not fully integrated with a static message display and which does not transition to the next static message display in the same manner as the rest of the display.

(6)

No display or other effect from any electronically changed sign shall cause a glare or other condition that impairs the vision of the driver of any motor vehicle or which otherwise interferes with the safe operation of a motor vehicle. Such display or effect shall be considered an acute traffic hazard and shall be subject to the regulations contained in this chapter.

(7)

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.

(8)

All signs shall appropriately adjust display brightness as ambient light levels change 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 or which otherwise interferes with the safe operation of a motor vehicle. The failure of an electronically changed sign to appropriately adjust display brightness as ambient light levels change shall be considered an acute traffic hazard and shall be subject to the regulations contained in this chapter.

(9)

No malfunction of a changing sign shall cause a glare or other condition that impairs the vision of the driver of any motor vehicle or which otherwise interferes with the safe operation of a motor vehicle. Any such condition resulting from a malfunction shall be considered an acute traffic hazard and shall be subject to the regulations contained in this chapter.

(10)

No billboard sign employing changing sign technology which is permitted by state law to be located on or adjacent to the interstate highway system or a billboard sign with a changing message sign face that is visible from an interstate highway shall be located within 5,000 feet of another billboard sign employing changing sign technology that is permitted adjacent to an interstate highway and on the same side of said interstate highway or any other billboard sign with a changing message sign face that is visible to traffic traveling in the same direction on said interstate highway. The distances shall be measured in a straight line from the nearest edges of the signs.

(11)

No billboard sign employing changing sign technology which is adjacent to an arterial or connector street or with a message face that is visible from an arterial or connector street shall be located within 2,500 feet of another billboard sign employing changing sign technology that is on the same side of arterial or connector street or with a sign face that is visible to traffic traveling in the same direction on said arterial or connector street, as measured in a straight line from the nearest edges of the signs.

(12)

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.

(13)

[Reserved.]

(14)

Any building which is allowed to have a building signature sign employing any changing sign technology may not change the sign more frequently than once every 24 hours.

(15)

Shopping center signs may employ changing sign technology in those districts where changing signs are allowed. The portion of the sign face which is capable of employing changing sign technology shall be limited to 50 percent or less of the total area of the sign face.

(16)

Permit applications for electronically changed signs must also include a certification from the owner or operator of the sign stating that the sign shall at all times be operated in accordance with this part and that the owner or operator shall provide proof of such conformance upon request of the director.

(17)

Any billboard sign which applies to employ changing sign technology shall be required to include as a part of its application, a statement which shall indicate whether the applicant is willing to allow law enforcement agencies to utilize its display capabilities to disseminate emergency messages.

(18)

Any changing sign currently in existence shall comply with the regulations of this part. If a changing sign currently in existence cannot meet these requirements due to the limitations of the technology being employed, the owner of the sign shall be allowed to continue the existing use upon a showing, satisfactory to the director, that the requirements of this part cannot be met.

(19)

Large screen video display signs which are permitted in SPI-1 shall be regulated by the specific provisions applicable to that type of sign.

(20)

Due to the limitation on distances between certain electronic changing signs, an approved application to employ changing sign technology must be acted upon within the time frames stated on the sign permit. After expiration of the permit, a new application for the location shall be required and the expired permit shall be not be considered to bar location of other changing signs due to distance requirements under this part. The director may issue one extension of 60 days for good cause as shown in writing by the permit holder.

( Ord. No. 2015-54(15-O-1394), § 1(Att. A), 11-11-15 )