Subject: 9824/liquor signs REVISED 12/22/92 Date: Fri, 17 Nov 1989 16:57:00 -0500 ORDINANCE NO. 9824 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, SECTION 5-108(B) AND SECTION 3-1 RELATIVE TO SIGNS ON LIQUOR STORES AND ON PREMISES CONTAINING LIQUOR STORES. _______________________________ SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Chattanooga City Code, Part II, be and the same is hereby amended by deleting Section 5-108(B) in its entirety and inserting in lieu thereof the following: "(b) Signs on liquor stores and on lots containing liquor stores shall conform to the following regulations: (1) As used in this subsection (B), the following words and phrases shall be deemed to have the same definitions set forth in Chapter 3 of this Code: attached sign, banner, detached sign, facade, free-standing sign, incidental sign, premises, projecting sign, roof sign, sign, and sign area. (2) Each premises upon which a liquor store is located and upon which no other business or establishment is located shall be allowed one free-standing sign which shall conform to the following restrictions: (A) Such sign shall not have more than two (2) sign faces, and the sign area of each face shall not exceed thirty (30) square feet. (B) Each face of such sign shall spell out the work "liquor", and no other letters, words, phrases or designs shall be allowed on the sign. (C) Such sign shall have a white background and red letters, and no other colors shall be permitted on the sign face. (D) The top edge of such sign shall not exceed twenty (20) feet above the ground upon which the sign is located. (E) No such free-standing sign shall be located closer than ten (10) feet to the closest point of the nearest public right-of-way, and no such sign shall be located closer than forty (40) feet to two (2) or more public rights-of-way. (3) A liquor store located on premises upon which any other business or establishment is located shall be allowed one (1) free-standing sign, provided, however, that such free-standing sign shall not be in addition to any detached sign(s) permitted by Chapter 3 of this Code. Such free-standing sign shall conform to the provisions of subsection (b)(2) above or, in the alternative, if and only if a free-standing sign is maintained on the premises which lists or designates two or more of the other businesses or establishments on the premises, shall conform to the following restrictions: (A) Such liquor store sign shall be a part of the free-standing sign listing or designating the other businesses or establishments on the premises. (B) Each sign face of such liquor store sign shall have maximum dimensions of ten (10) feet horizontally and three (3) vertically. (C) Such liquor store sign shall have not more than two (2) sign faces, and the sign area of each face shall not exceed thirty (30) square feet. (D) Each face of such sign shall state only the following: "(NAME GIVEN TO LIQUOR STORE, AT OPTION OF OWNER) PACKAGE (or LIQUOR) STORE." (E) No such liquor store sign shall be added to or placed upon any free-standing sign which does not in conform with the provisions of Chapter 3 of this Code. (4) In addition to the free-standing sign permitted above, each premises upon which a liquor store is located shall be allowed one attached sign, not in excess of 120 square feet in sign area, on each facade of the liquor store which faces a public right-of-way immediately adjacent to the premises. Such sign(s) shall state only the following: "(NAME GIVEN TO LIQUOR STORE, AT OPTION OF OWNER) PACKAGE (OR LIQUOR) STORE." Such attached sign shall be placed only upon an exterior wall of the area occupied by the liquor store and shall not be placed upon an exterior wall of the space occupied by any other business or establishment on the premises. (5) In addition to the free-standing and attached signs permitted above, the owner or occupant of a liquor store shall be allowed one on-premise banner not in excess of 40 square feet in sign area. Any such banner shall be mounted flush with the facade to which it is attached and shall be securely fastened on all four corners. (6) No free-standing sign or attached sign allowed pursuant to subsections (b)(2) and (b)(3) above shall be erected or installed without a sign permit which shall be issued in conformance with the provisions of A73-6, A73-7, A73-8 and A73-9(a) of this code. No sign permit for such signs shall be issued unless all other existing liquor store signs on the premises are in compliance with the provisions of this subsection (b). Each free-standing liquor store sign shall be subject to the annual safety inspection fee set forth in A73-8 of this code and, upon failure to pay same, shall be subject to removal as provided in Chapter 3, Article I of this code. (7) No roof sign shall be permitted for any liquor store. Incidental signs shall be allowed on liquor stores without the necessity of obtaining a sign permit. (8) Liquor stores are permitted on-premise window signs within the interior of the building. These signs are to state only the following: "(NAME GIVEN TO LIQUOR STORE, AT THE OPTION OF THE OWNER) PACKAGE (OR LIQUOR) STORE." (9) No off-premise sign referring to a liquor store can be located within five hundred (500) feet of the premises upon which there is a proposed or existing liquor store. (10) All signs as described above, if illuminated, shall have internal illumination and shall not have blinking, flashing or pulsating lights or moving parts. (11) Any violation of the provisions of this article by any person is declared to be a public nuisance and shall be abated as set out hereinafter. Every sign to which the prior provisions of this article applied that was legally erected prior to June 17, 1975, and was in use on such date, but which violates any of the present or prior provisions of this article, shall not be subject to removal until or unless the location ceases to be used as a retail liquor store; then and thereafter such location shall fully comply with all the provisions of this article. Every sign to which the provisions of this article shall apply that was legally erected prior to the effective date of this section and was in use on such date, but which violates any of the provisions of this article, shall not be subject to removal until or unless the location ceases to be used as a retail liquor store; then and thereafter such location shall fully comply with all the provisions of this article. (12) Upon ascertaining a violation of the provisions of this article, the building inspector shall cause to be served upon both the offender or his agent and upon the owner or his agent or the occupant(s) of the premises a written notice to abate which shall (1) describe the conditions constituting a nuisance under the subparagraph (b)(11) of this section, and (2) state that the nuisance may be abated by the City at the expense of the offender or the owner or the occupant of the premises at the expiration of not less than fifteen (15) days nor more than sixty (60) days from the date of such notice if such condition is not corrected by the offender or the owner or the occupant or the person in control of the premises. (13) If at the expiration of the time given in such notice to abate the condition constituting a nuisance has not been corrected, then such conditions shall be corrected and the nuisance abated by the City at the expense of the offender or the owner or the occupant of the premises under the direction of the building inspector, and the City shall have a lien on the property to secure the amount expended by the abatement of such nuisance which shall be superior to all other contractual liens. (14) An appeal in writing may be taken within five (5) days from any adverse decision of the building inspector and shall be filed with the Board of Commissioners, whose decisions after notice and hearing shall be final. SECTION 2. BE IT FURTHER ORDAINED That Chattanooga City Code, Part II, be and the same is hereby amended by deleting the second sentence of the first paragraph of Section 3-1 and inserting in lieu thereof the following: Except as provided in Section 5-108 of this code, nothing in this Chapter 3 shall apply to on-premise signs on or for liquor stores which are regulated in Chapter 5. SECTION 3. BE IT FURTHER ORDAINED That if any section, sentence, clause, phrase, word or figure contained in this ordinance should be declared invalid by a final decree of a court of competent jurisdiction, such holding shall not affect the remaining sections, sentences, clauses, phrases, words and figures contained in this ordinance, but the same shall remain in full force and effect. SECTION 4. BE IT FURTHER ORDAINED that this Ordinance shall be effective two weeks from and after its passage on third and final reading as required by law, provided, however, that this Ordinance shall be operative immediately upon its passage. PASSED on Third and Final Reading January 5, 1993. s/s______________________________ CHAIRPERSON APPROVED:______DISAPPROVED:______ DATE:_____________ ______, 1993. s/s______________________________ MAYOR WSPjr