Subject: 10278/Code/Ch.3/SignOrdinanceAmendments Date: Fri, 17 Nov 1989 08:45:00 -0500 ORDINANCE NO. 10278 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, SECTIONS 3-2, 3-6, 3-7, 3-8, 3-9, 3-10, 3-11, 3-12, 3-13, 3-14, 3-15, 3-71, 3-81, 3-82, 3-84, 3-85, 3-92, 3-94, 3-98, 3-114, 3-116, 3-125 AND 3-132, AND TO ADD A NEW SECTION 3-126 RELATIVE TO SIGN REGULATION. SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that Chattanooga City Code, Part II, Section 3-2 be and the same is hereby amended by adding a new paragraph (k) to the exceptions to the definition of "Sign" as follows: (k) Any living display on the ground of flowers or other plants which conveys a message. SECTION 2. BE IT FURTHER ORDAINED, that Chattanooga City Code, Part II, Section 3-7 be and the same is hereby amended by deleting the second paragraph thereof in its entirety and inserting a new paragraph as follows: The owner, sign contractor or other person installing any sign for which a new sign permit is required shall notify or cause to be notified the Office of the Building Official of the date the erection or material alteration of the sign will begin not less than forty-eight (48) hours prior to the beginning of such work. Such person shall also notify or cause to be notified the Office of the Building Official of the completion of such work within forty-eight (48) hours after completion of such work. In the case of any sign to which electricity is provided for any reason, the sign contractor or other person installing such sign shall be responsible for the notifications required by this paragraph. The failure to give or cause to be given either of the notices set forth in this paragraph shall constitute a violation of this chapter and shall subject any sign erected without both of the above notices having been given to abatement as a nuisance. 0C SECTION 3. BE IT FURTHER ORDAINED, that Chattanooga City Code, Part II, Section 3-8 be and the same is hereby amended by deleting said section in its entirety, except for the last paragraph which is not amended by this ordinance, and inserting in lieu thereof the following: Sec. 3-8. No Permits to be Issued in Violation of Ordinances; Approval of Traffic Engineer; Schedule of Permit Fees; Inventory of Certain Existing Signs. The Building Official shall not issue any sign permit for any sign which is not in conformance with the City Code of Chattanooga and applicable state laws, including all electrical codes of the City of Chattanooga and/or State of Tennessee; any permit issued which does not so conform will be null and void and any sign constructed pursuant thereto shall be removed in accordance with the provisions of this chapter. The Building Official shall collect a permit fee with the application of each sign. The permit fee shall be as follows: (a) For off-premise signs, One Hundred Twenty-five ($125.00) Dollars for each such sign. (b) For on-premise signs other than temporary signs, Eighty ($80.00) Dollars for each Detached Sign and each electric or illuminated sign, and Thirty ($30.00) Dollars per sign for all other signs. Any on-premise sign, other than a Detached Sign or electric or illuminated sign, which conforms with this chapter and which replaces any other on-premise sign for which a permit has been issued hereunder, shall not require the issuance of a new permit nor the payment of the permit fee. SECTION 4. BE IT FURTHER ORDAINED, that Chattanooga City Code, Part II, Section 3-71 be and the same is hereby amended by adding new subsections (c) and (d) as follows: (c) For the purposes of this section, a rebuttable presumption shall arise that a vehicle is being used as a stationary sign if (1) any sign is painted on or attached to the vehicle, (2) such vehicle is not titled or does not have a license tag affixed thereto, and (3) such vehicle is located in a front yard (as defined in the Chattanooga Zoning Ordinance), provided that no such presumption shall arise with respect to trailers which are used in the ordinary course of business in a trucking operation. (d) In the event a snipe sign is illegally erected, installed or posted referring to an owner or occupant of a premises or to an event or event to take place on an owner's or occupant's premises, the Building Official or his designee shall issue a correction notice to such owner or occupant giving such owner or occupant twenty-four (24) hours to remove such snipe sign or signs, and the failure to timely remove such signs as provided in the correction notice shall be a violation of the provisions of this Chapter by the such owner or occupant. SECTION 5. BE IT FURTHER ORDAINED, that Chattanooga City Code, Part II, Section 3-81(d) be and the same is hereby amended by deleting said subsection in its entirety and inserting a new subsection as follows: (d) Size and Placement of Temporary Signs. No temporary sign shall exceed one hundred (100) square feet in sign area. No temporary sign shall be placed closer than ten (10) feet to any public right-of-way, and no temporary sign may be placed in any handicapped parking space or any parking space required by any provision of the Chattanooga City Code, the Chattanooga Zoning Ordinance or state law. No part of any temporary sign may be located within forty (40) feet of two (2) public rights-of-way. SECTION 6. BE IT FURTHER ORDAINED, that Chattanooga City Code, Part II, Article VIII, Section 3-81 be and the same is hereby amended by adding an additional paragraph at the end of said section as follows: No person, sign company or other entity shall install, erect or display a temporary sign without having first obtained a temporary sign permit as required by this Chapter. SECTION 7. BE IT FURTHER ORDAINED, that Chattanooga City Code, Part II, Article VIII, Section 3-84 be and the same is hereby amended by adding an additional paragraph thereto as follows: Notwithstanding the foregoing, any qualified entity may erect without a new sign permit up to four (4) on-premise banners not in excess of forty square feet in sign area; such banners shall be subject to the remaining provisions of this chapter. For the purposes of this section, "qualified entity" shall mean any nonprofit 501(c)(3) or 501(c)(4) organization which is located within the downtown Chattanooga area as defined in A73-52(a) of this chapter and which offers to the public cultural, historical, recreational, educational or entertainment activities as its principal business. SECTION 8. BE IT FURTHER ORDAINED, that Chattanooga City Code, Part II, Section 3-92 be and the same is hereby amended by adding a new sentence at the end of subsection (e) as follows: In the event there is more than one tenant on the premises, Attached Signs on the premises for a particular tenant shall be located only on the portions of the building directly outside the area occupied by that tenant or on portions of the building which are common areas. SECTION 9. BE IT FURTHER ORDAINED, that Chattanooga City Code, Part II, Section 3-94 be and the same is hereby amended by adding a new paragraph at the end of said section as follows: The measurements set forth in the first paragraph of this section shall be made from the edge of the public right-of-way or from the edge of the public street, whichever is further from the center of the public right- of-way, provided, however, that such measurements may be made from the closer of the curb or edge of the public street itself if, and only if, the owner of the premises and owner of the sign acknowledge in writing that in the event the City at any time, for any reason or for no reason, determines that such sign should be relocated to conform to the setback requirements as measured from the closest edge of the public right-of-way, such owner(s) shall relocate such sign at the owner's or owners' sole expense and waive any and all claims against the City, its agents and employees for the cost of such relocation. SECTION 10. BE IT FURTHER ORDAINED, that Chattanooga City Code, Part II, Article XII be and the same is hereby amended by renaming said Article as "Subdivision Entrance Signs and Business Directional Signs". SECTION 11. BE IT FURTHER ORDAINED, that Chattanooga City Code, Part II, Article XII be and the same is hereby amended by adding a new section 3-126 as follows: Sec. 3-126. Business directional signs. For a location at the intersection of a minor street and a through street designated in A724-501 of this Code where a business, which is located on a minor street and which is within 1000 feet of the major thoroughfare, is not visible from the through street upon approaching the intersection, a business directional sign may be placed upon the public right-of-way subject to the following provisions: 1. Such directional signs shall be constructed by the City and shall be of the type determined by the City Traffic Engineer. 2. Businesses otherwise complying with all provisions of this Chapter 3 may request that their sign be placed on the business directional sign; a fee of Two Hundred ($200.00) Dollars per fiscal year shall be charged by the City for the privilege; said fee shall be paid on or before July 1 of each year for that fiscal year. 3. No such sign shall be erected without the approval of the City Traffic Engineer. 4. Business directional signs are provided by the City for the convenience of the City and are subject to removal at any time. 5. No such business directional signs shall be erected in the downtown Chattanooga area as set forth in A73-52(a) of this chapter. 6. As used in this section, "fiscal year" shall mean the City's fiscal year from July 1 to June 30 or any part thereof during which a business directional sign is located on a City right-of-way for a business. SECTION 12. BE IT FURTHER ORDAINED, that Chattanooga City Code, Part II, Sections 3-6, 3-7, 3-8, 3-9, 3-10, 3-11, 3-12, 3-13, 3-14, 3-15, 3-81, 3-82, 3-85, 3-98, 3-114, 3-125 and 3-132 be and the same are hereby amended by deleting therefrom the term "Building Inspector" and inserting in lieu thereof the term "Building Official". SECTION 13. BE IT FURTHER ORDAINED, that Chattanooga City Code, Part II, Sections 3-94 and 3-116 be and the same are hereby amended by deleting therefrom the term "Board of Commissioners" and inserting in lieu thereof the term "City Council". SECTION 14. BE IT FURTHER ORDAINED, that this Ordinance shall be effective two weeks from and after its passage as required by law. PASSED on Third and Final Reading August 22, 1995. s/s___________________________________ CHAIRPERSON APPROVED:___X____ DISAPPROVED:________ DATE:___________________ ______, 1995. s/s___________________________________ MAYOR WSPjr:cjc