The provisions of Article 5 apply to accessory uses, accessory structures, and temporary uses. Home occupations are considered accessory uses to residential development. Standards for home occupations are set forth in Section 5.01.00. Standards pertaining to accessory structures and fences are set forth in Section 5.02.00. Standards for temporary structures and uses are set forth in Section 5.03.00. Standards for signs, which may be either accessory structures, or the principal use on a parcel, are provided in Section 5.04.00. Standards for wireless communication facilities, which may be located on a lot or parcel with a principal use, or which may be the principal use, are provided in Section 5.05.00.

In all residential districts, customary home occupations are permitted; however, the following requirements shall apply in addition to all other applicable requirements for the residential district in which such uses are located:

A.

Home occupation shall be limited in such a way as to not generate excess traffic at its location, and shall not have in excess of, in the aggregate, ten (10) clients or customers at its location in any twenty-four (24) hour period.

B.

The total floor space devoted to the home occupation shall not exceed twenty-five (25) percent of the heated dwelling space of the dwelling.

A.

The following requirements shall apply in addition to all other applicable requirements of this ordinance for the residential district in which such uses are located:

1.

No outside storage shall be used in connection with the home occupation. Storage in accessory buildings is permitted.

2.

Sufficient off-street parking shall be provided for those residing in the home and for clients and customers of the permitted home occupation.

3.

No internal or external alterations inconsistent with the residential use of the building may be permitted.

4.

Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the home occupation.

5.

No machinery that causes noises or other interferences in radio and/or television reception shall be allowed.

6.

No chemical, electrical or mechanical equipment that is not normally a part of domestic or household equipment shall be used in a permitted home occupation.

7.

No external signs may be displayed advertising the product or service available.

8.

No person other than a resident of the dwelling may be employed in the home occupation.

B.

Customary home occupations may include, but are not limited to the following:

1.

The office of a professional person.

2.

Art studio, dressmaking, sewing, canning, or baking.

3.

Teaching individual musical instruments, dance, crafts or academic subjects with instruction limited to not more than two (2) pupils at one (1) time.

4.

The care of not more than four (4) children for compensation.

C.

A customary home occupation specifically does not include the following listed occupations. This list is not comprehensive, and other similar occupations and uses may be prohibited:

1.

Dancing or band instrument instruction in groups.

2.

Tearooms and restaurants.

3.

Tourist homes, boardinghouses or roominghouses.

4.

Fish hatcheries, worm farms or bait houses.

5.

Convalescent and nursing homes.

6.

Kennels and animal hospitals.

7.

Clinics and hospitals.

8.

Firewood sales.

A.

An accessory structure is defined as a structure on the same lot with, and of a size and nature customarily incidental and subordinate to, the principal structure.

B.

Types of accessory structures include, but are not limited to, the following:

1.

Detached garage and/or carport.

2.

Storage buildings and/or barns.

3.

Freestanding greenhouses.

4.

Swimming pools and pool houses.

5.

Tennis courts.

6.

Satellite dish antennas (subject to federal regulations).

7.

Freestanding workshops.

8.

Gazebos.

9.

Radio and/or TV antenna structures not attached to the principal structure.

10.

Paved areas other than driveways and walkways.

11.

Property identification signs not associated with or attached to a mailbox.

12.

Perimeter fencing and/or walls, both of which may be located on the property line.

13.

Recreational vehicles, campers, boats, and similar type uses.

(Res. No. 11-2008, § 4, 5-5-08)

Accessory buildings and structures shall comply with all requirements for the principal use except where specifically modified by this article and shall comply with the following limitations:

A.

A greenhouse or hothouse may be maintained accessory to a dwelling in any residential zoning district.

B.

A guesthouse may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guesthouse.

C.

Mechanical equipment shall be subject to the provisions of this section. Such equipment shall not be located between the main structure on the site and any street adjacent to a front or side yard, and every attempt shall be made to place such equipment so that it is not visible from adjacent public streets. Any installation of mechanical equipment shall require a building permit.

D.

Regardless of the side and rear yard requirements of the district, in a residential district, a side or rear yard may be reduced to five (5) feet for an accessory structure, including swimming pools, erected more than fifty (50) feet from any street, other than alleys, provided the structure is detached and separated from other buildings and structures by ten (10) feet or more.

E.

Exclusive of swimming pools, no more than three accessory structures per lot are permitted in any residential zoning district. The total area of the principal structure and any accessory structures on a lot shall not exceed the maximum percent of lot covered set forth in Table 4.01.01(H). At no time shall a single accessory structure exceed 40 percent of the total square footage of the principal structure on the lot. The continuous roofed portion of the principal structure, including covered porches, garages, and carports shall be included in this calculation.

F.

An accessory structure for a single-family residence is not permitted in a front yard, unless erected more than 100 feet from the front street right-of-way.

G.

Signs, fences, parking, driveways, and temporary structures are not subject to the provisions of this section.

H.

Accessory structures greater than 400 square feet are subject to the following design standards:

1.

Siding and color must be similar in material to that of the principal structure.

2.

The pitch and roofing material of the accessory structure shall be compatible with the principal structure and shall not exceed the apex of the principal structure.

3.

Walls of the accessory structure which face the street must contain at least 20 percent of the wall space with windows and doors. Garage doors shall be included in this calculation.

4.

Windows shall be made of glass and shall be provided with exterior trim.

(Res. No. 06-2017, 5-1-17; Res. No. 08-2019, 2-4-19; Res. No. 09-2021, 8-2-21)

Except as otherwise specifically provided in other sections of this UDO, fences and free-standing walls are allowed subject to the following standards:

A.

For uses within any single-family district, the following standards apply:

1.

A fence of any type in any required front yard may not exceed 48 inches in height.

2.

A fence or wall of any type in any rear or side yard shall not exceed eight (8) feet in height.

3.

The height of fences or walls in rear or side yard areas abutting a street shall be 48 inches in height, or less, if said fence or wall is within ten (10) feet of any public right-of-way.

4.

The framework for newly constructed fences and walls shall face toward the builder's property, except where fences are jointly constructed.

5.

Fences shall lean at a vertical plane of no more than five (5) percent.

B.

For uses in the M-H-P, R-T, R-M, R-M-10, R-M-15, R-O-I, O-I, C-1, C-2, and C-3 zoning districts, the following standards shall apply:

1.

In any front, side, or rear yard adjacent to the public right-of-way, a fence or wall may not exceed eight (8) feet in height. Chain link fencing is not allowed in any front yard.

2.

Landscaping shall be installed on both sides of a fence in any front yard or yard adjacent to any street.

3.

The framework for newly constructed fences and walls shall face toward the builder's property, except where fences are jointly constructed.

4.

Fences shall lean at a vertical plane of no more than five (5) percent.

(Res. No. 08-2019, 2-4-19)

A temporary building or use in connection with a construction project shall be permitted during the construction period. The following standards shall be met by temporary uses established during construction:

A.

A building permit shall be required.

B.

Temporary offices may be located on a construction site to be used for administrative functions during construction. Temporary construction offices may have the name of the construction company printed on one (1) permanently affixed sign on the outside of the building. Such sign shall be a maximum of four (4) feet by eight (8) feet. In addition, the proposed construction building shall meet tie-down requirements for mobile structures, and have a contract for sewage pump-out. Construction buildings, equipment, machinery, and materials shall be removed within thirty (30) days of completion of the construction site for which they are permitted.

C.

On-site outdoor storage of equipment and construction materials shall be allowed during the period of construction.

D.

Portable toilet facilities shall be provided.

E.

Construction and demolition debris dumpsters are allowable and are not required to be screened.

F.

A temporary office shall be allowed, which may be used for sales functions or sales offices, allowing for the sale, resale, or marketing of dwellings, structures, or property within the development in which it is located, or adjacent developments under the same control.

G.

On-site temporary use of structures and equipment for the building of roads, public utilities, and government projects shall be allowed.

A.

Special events include carnivals, fairs, festivals, seasonal sales, tent meetings, outdoor food sales, or other periodic events of a temporary nature. Such events are typically outdoors, and the maximum number of such events for a single business location or parcel shall be four (4) in any twelve (12) month period with a maximum duration of fifteen (15) consecutive days per event.

B.

Special events shall be limited to the following zoning districts: C-1, C-2, C-3, M-1, M-2 and PD.

1.

The following standards apply to carnivals, fairs, festivals, tent meetings, A permit is required according to the procedures set forth in Article 10, except that special events conducted by a church or school shall not be required to obtain a permit, but shall be required to comply with the standards of this section;

2.

The applicant shall ensure the provision of adequate sanitation facilities, sewage disposal, garbage and refuse disposal, potable water supply, and food service during the special event;

3.

The area devoted to the special event shall not be located on any required setbacks, buffers, parking spaces, parking lot aisles, driveways, fire lanes, or other traffic circulation areas.

4.

The site shall have floodlighting for the special event and parking areas, if any activities are to be offered during darkness. Lighting shall be shielded and directed to avoid direct illumination of adjacent properties as measured at the property line;

5.

The site shall have adequate parking facilities. Parking may be on-site or off-site. Where off-site parking is provided, there shall be adequate plans for transporting or conducting patrons from the off-site parking facilities to the special event area;

6.

The applicant shall provide adequate traffic control and security in and around the special event area during hours of operation; and

7.

All stages, booths, tents, scaffoldings, or structures of any nature on, under, or within which persons may congregate, shall conform to applicable building, health, and other construction codes.

C.

The following standards apply to seasonal sales:

1.

A temporary use permit must be obtained from the Building Official.

2.

The area devoted to seasonal sales shall not be located on any required setbacks, buffers, parking spaces, parking lot aisles, driveways, fire lanes, or other traffic circulation areas;

3.

Goods, tents, equipment, or materials used for the seasonal sales activity shall not be located within any right-of-way;

4.

Parking spaces shall be provided to support the seasonal sales activity. Parking spaces necessary to support the seasonal sales activity shall be in addition to parking provided on the site to serve other uses and shall be calculated based on the square feet of sales area according to the standards in Article 4;

5.

The applicant shall ensure the provision of adequate garbage and refuse disposal; and

6.

The applicant shall demonstrate conformance with all applicable building, health, and other federal, state, or local laws.

(Res. No. 11-2008, § 2, 5-5-08; Res. No. 02-2019, 1-7-19)

Movable module storage units (called "storage pods") are permissible temporary structures, provided that such structures are located in compliance with the following standards:

A.

The duration shall be limited to fourteen (14) days. One (1) renewal may be granted for an additional fourteen (14) days.

B.

The storage pod may be placed on a paved or unpaved surface. When the location of the storage pod is on an unpaved surface, the permit shall be conditioned upon the requirement that grass, sod, or landscaping shall be restored after removal of the storage pod.

C.

The storage pod may be placed in a front or rear yard. Placement in a side yard is prohibited.

D.

The storage pod shall not be placed within an easement, stormwater area, or required buffer.

E.

The storage pod shall be placed at least one (1) foot from any property line.

F.

The storage pod shall not obstruct pedestrian access.

A.

Model homes are permissible only in conjunction with a new residential development during the period of construction of site improvements and new homes.

B.

Model dwelling units may be erected or displayed in districts that include residential uses, provided that such models shall not be used for residential purposes, but only for display as a means to sell homes.

C.

One (1) or more model homes may be established in a residential development, including planned developments, subject to the following standards:

1.

A model home shall be located on a platted lot meeting all standards of this UDO;

2.

A model home shall be located to meet all site design standards of this UDO, except for the modifications specifically enumerated herein;

3.

A model home shall be located only on a collector or arterial street;

4.

A model home may include a sales office. Hours of sales operations shall not extend beyond 8:00 p.m.;

5.

One (1) off-street parking space shall be provided for each employee plus one (1) off-street parking space per model home. In addition, one (1) off-street parking space shall be provided for handicapped parking. These spaces shall be provided on the same lot as the model dwelling unit or on a contiguous lot within the specific project; and

6.

The number of model home units shall not exceed five (5) percent of the number of homes or lots permissible in the residential development. Fractions shall be rounded to the nearest whole number.

D.

The model home shall be discontinued as a model unit and sales office when ninety (90) percent of the lots or homes in the residential development have been sold. The model home site shall be redesigned to comply with all site design requirements applicable to the residential development. Such redesign includes, at a minimum, removal of parking in excess of that associated with a single-family home; removal of any signs; and removal of any exterior lighting associated with the model home and sales office.

A.

The Mayor and City Council of Carrollton, Georgia recognize that, although signs and advertising are proper and necessary uses of private property and constitute a legitimate business entitled to the protection of the law, such signs and advertising should be reasonably regulated in the interest of the public safety and welfare by the establishment of standards for the location, size, illumination, number, construction, and maintenance of all signs and advertising structures in Carrollton, Georgia.

B.

In this regard, this ordinance is intended to protect the public safety, to assure compatibility of signs with surrounding land uses, to enhance the business and economy of the City of Carrollton, to protect the public investment in streets and highways, to maintain the tranquil environment of residential areas, to promote industry and commerce, and for the orderly and reasonable display of advertising for the benefit of all its citizens.

A.

No sign shall:

1.

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 form, shape, or manner to a fire escape;

2.

Interfere with road or highway visibility or obstruct or otherwise interfere with the safe and orderly movement of traffic;

3.

Be erected, painted, or drawn on any tree, rock, or other natural surface;

4.

Be located on any building, fence, or other property belonging to another person without the consent of the owner;

5.

Contain statements, words, or pictures of an obscene, indecent, or immoral character such as will offend public morals;

6.

Advertise any activity, service, or product prohibited by the laws and regulations of the United States or the State of Georgia or by the ordinances or resolutions of the City of Carrollton, Georgia;

7.

Be permitted unless it is structurally safe, clean, and in good repair; or emit or utilize in any manner any sound capable of being detected on any traveled road or highway by a person with normal hearing.

B.

No sign, sign structure, or advertising device shall be located on utility poles or within the right-of-way of any street or public roadway.

C.

The following are not permitted except as temporary special event signs as provided in Section 5.04.05(E):

1.

Banners, pennants, streamers, or other multi-colored triangle shaped or irregular shaped displays attached by ropes, strings, wires, or other devices;

2.

Gas filled figures;

3.

Portable displays; or

4.

Search lights, beacons, or other advertising novelties.

D.

No mobile or wheeled signs are permitted except as temporary special event signs as provided in Section 5.04.05(E).

E.

Signs in designated local historic districts must be approved by the Historic Preservation Commission.

F.

No dilapidated or neglected signs shall be permitted. A sign (including sign structure) is considered dilapidated or neglected if it does not present a neat and orderly appearance, which may be manifested by the following:

1.

Rust or holes on or in the sign or sign structure;

2.

Broken, missing, loose, or bent parts;

3.

Faded or flaking paint;

4.

Non-operative or partially non-operative illuminating or mechanical devices; or

5.

Missing letters in sign copy.

G.

Any inactive sign, including a non-conforming sign as defined in Section 5.04.06 of this article, is prohibited and shall be removed from the premises on which such sign is located (the "premises") by the premises owner or premises occupant within sixty (60) days of the date such sign is deemed inactive in accordance with this Subsection G. A sign and the above ground structures, supports and equipment related thereto (for the purposes of this section, a "sign") shall be deemed "inactive" for the purposes of this article when such sign ceases to identify a currently operating business or lawful activity located on the premises. Any dilapidated sign is prohibited by this ordinance and shall be removed by the premises owner or premises occupant within sixty (60) days after the date such sign is deemed dilapidated in accordance with this Subsection G. A sign shall be deemed "dilapidated" for the purposes of this article thirty (30) days after notice from the City Manager or its representative that such sign has been damaged or has deteriorated from any cause to the extent that such sign is no longer legible, is in disrepair, is unsafe or is otherwise unsightly, and repairs have not been commenced within sixty (60) days after the date such notice, or have not been completed within thirty (30) days after the date such notice. Notice under this Subsection G. shall be adequate: (a) if sent by certified mail return receipt requested to the premises owner at the address set forth in the real property tax records of Carroll County, Georgia and at the address of the premises, or (b) if sent by certified mail return receipt requested to the premises occupant at the address of the premises. For purposes of this Subsection G, "premises owner" shall mean the record owner of the premises on which such sign is located as set forth in the real property tax records of Carroll County, Georgia. For purposes of this Subsection G, "premises occupant" shall mean any occupant of the premises on the date of such notice. Each premises owner and premises occupant shall be jointly responsible for removing any inactive sign or dilapidated sign pursuant to this ordinance.

H.

No sign constructed of non-durable material including, but not limited to, paper, cardboard, or flexible plastic may be displayed for more than sixty (60) days. Nothing herein shall prohibit such a sign from being replaced by an identical sign. This provision does not apply to temporary signs as governed by this ordinance.

I.

No portable, trailer, sidewalk, sandwich, curb, or "A"-type signs shall be permitted except as temporary special event signs as provided in Section 5.04.05(E), or in the Downtown District, only if allowed and regulated by the Main Street Program.

J.

No sign or sign structure above a height of three (3) feet shall be maintained within twenty (20) feet of the intersection of right-of-way lines of two streets or of a street intersection with a railroad right-of-way.

K.

The following signs are prohibited by this ordinance: multi-faced signs; rotating signs; and animated signs (including but not limited to those involving motion, flashing, blinking, or varying light intensity).

L.

In a Residential-Office-Institutional District (R-O-I), the maximum allowable sign shall be six (6) square feet; only one sign shall be permitted; and it shall be free-standing and shall be located in front of the principle structure/use.

(Res. No. 08-2011, 8-1-11; Res. No. 02-2019, 1-7-19; Res. No. 22-2020, 12-7-20)

A.

For real estate developments or projects, two (2) free-standing signs are permitted per entrance. Each sign shall not exceed a maximum of seventy-five (75) square feet and eight (8) feet in height.

B.

For individual residential units in all residential zoning districts, one (1) wall and one (1) freestanding sign per housing unit is allowed, but such signs shall not exceed two (2) square feet maximum size per sign and three (3) feet in height.

A.

The following signs are permitted in all non-residential zoning districts:

1.

Freestanding Sign - Individual Non-Residential Lot.

One (1) freestanding sign per lot limited to one hundred (100) square feet and a maximum of fifteen (15) feet in height. No part of a sign shall be located within ten (10) feet of a property line. Legal signs may be permitted up to, but not on the public right-of-way.

2.

Freestanding Sign - Planned Commercial/Office/Industrial Development.

a.

One (1) freestanding sign per lot, which is a maximum of thirty (30) feet in height. A free-standing sign shall be limited to:

b.

Free-standing signs must direct attention to a building, profession, product, service, business activity, or entertainment conducted on the premises upon which the sign is located.

c.

No part of a sign shall be located within ten (10) feet of a property line. Legal signs may be permitted up to, but not on the public right-of-way.

3.

Wall Sign.

Four (4) wall signs, each of which is limited to seventy-five (75) square feet. Not more than one (1) sign per wall shall be permitted.

4.

Canopy Sign.

Canopy signs may be substituted for wall signs following the same sizing criteria as wall signs. Canopy signs shall not be erected less than eight (8) feet above pedestrian walkways and fourteen (14) feet above areas of vehicle access at the lowest extremity of the sign.

5.

Instructional Sign.

Instruction signs, including thereon an advertising trademark, logo, or emblem identification, and used to give direction or specific instruction to the public may be located adjacent to but not within the right-of-way line, and must not exceed six (6) square feet in area or three (3) feet in height above the ground, if free-standing.

6.

Roof Signs.

Roof signs are prohibited in the City of Carrollton by this UDO.

7.

Outdoor Advertising Signs.

In addition to the general regulations applying to all sign classifications, outdoor advertising signs shall comply with the following:

1.

Zoning Districts Where Allowed.

Outdoor advertising signs are permitted on properties that are adjacent to a state or federal highway and in C-2, M-1 and M-2 zoning districts.

2.

Location and Spacing.

No outdoor advertising sign shall be placed within three hundred (300) feet of a residence, church, school, park, or cemetery. No outdoor advertising sign shall be located within one thousand (1,000) feet of another outdoor advertising sign on either side of the street as measured along the right-of-way of such street.

3.

Size.

No outdoor advertising sign shall exceed seven hundred (700) square feet inclusive of any trim but excluding the base, apron, supports, and other structural members.

4.

Georgia Department of Transportation Regulations.

With respect to matters or issues not specifically addressed by this UDO, any applicable rules and regulations promulgated by the Georgia Department of Transportation shall apply.

8.

Political Signs.

a.

For the purposes of this section, the term "political sign" shall mean a sign identifying and urging voter support for a particular election, issue, political party or candidate for public office.

b.

Notwithstanding any other provisions to the contrary in this article, political signs do not require a permit and are permitted in all zoning districts for a period of not more than six weeks before a duly authorized election date as established by applicable federal, state, or local law. Political signs shall not exceed eight (8) square feet, shall be located off public right-of-way, and shall not exceed more than two (2) per lot. All political signs or devices must be removed within ten (10) days of the candidate's or issues election or defeat.

9.

Electronic Reader Boards.

Electronic reader boards are permitted as a free-standing sign, or a portion of a free-standing sign, with the following restrictions:

a.

Size. The reader board is limited to 24 square feet.

b.

Change in sign copy. Words on sign shall be set for two (2) second intervals.

c.

Light intensity. Light intensity shall be fixed.

10.

Murals. Murals are defined as any piece of artwork painted directly on a wall, ceiling, or other permanent surface. If the artwork conveys a message about a product, organization, cause, political concern, brand, or service, it shall be considered a sign.

a.

Design Guidelines.

1.

Murals must have some cultural or historic relevance to the community or building in which it is located.

2.

The proposed mural, by its design, construction, or location shall not have an adverse impact on adjacent properties or permitted uses. Murals are not permitted in the R-8, R10, R-15, R-20, ER-1, or ER-3 zoning districts.

3.

Appropriateness of scale. Smaller walls may be completely covered. On large walls, murals should be large enough to dominate a wall surface, but not so large as to overwhelm local streetscape. Generally, only one mural per structure shall be permitted.

4.

To avoid appearance of blight, the number of murals may be limited. If the proposed location is in close proximity to adjacent murals, the application may not be approved.

5.

No signage or subject matter that could be construed as advertising, copy, symbols or references directly promoting any product, business, brand, organization, service, cause, or political concern are permitted.

b.

Application, Review, Approval, and Maintenance Procedure.

1.

Any person desiring to install a mural in the City of Carrollton shall submit a formal application, including an application fee, a scaled color rendering of the proposed project, a maintenance plan and a photograph showing the building location of the proposed mural. Murals that do not meet all of the design guidelines located herein shall not be considered for review or approval.

2.

For murals outside the central business district, the Carrollton Arts Commission shall review the request and make a recommendation of approval or denial to the Mayor and City Council. For murals within the central business district, both the Carrollton Arts Commission and Main Street Board shall review the request and make recommendation of approval or denial to the Mayor and City Council.

3.

Mural installation must begin within 60 days of approval, and must be completed within (3) three months of start date. The Mayor and City Council can provide additional time in writing, upon request, based off of the complexity of the mural.

4.

Maintenance. Any mural that is not properly maintained shall be immediately removed from the property. Any unmaintained murals shall be considered a violation of this ordinance and subject to the general penalty provisions located in Section 1-11 of the City of Carrollton Code of Ordinances.

(Res. No. 08-2011, 8-1-11; Res. No. 11-2012, 11-5-12; Res. No. 06-2022, 7-11-22)

Signage is vital in the area encompassed by the Lake Carroll Village Overlay. While functioning primarily as a communication tool, signs can also contribute to the unique character of an area. The area encompassed by the Lake Carroll Village Overlay has a diverse mix of pole, monument, wall, temporary, and dilapidated signage. The intent of the sign design standards in the Lake Carroll Village Overlay is: (i) to encourage excellence in signage, both as a communication tool and as an art form; (ii) to allow and encourage creative and unique sign designs while preventing cluttered and unattractive streetscapes; and (iii) to provide basic parameters for creative signs that may be varied and unique like the businesses they represent.

Effectively designed signage should respond to the site, landscape, and architectural design context within which they are located. Signs should be compatible in scale, proportion, and design with the building's facade and its surroundings. These standards do not dictate design.

The sign standards for the Lake Carroll Village Overlay address the following: (i) appropriate locations; (ii) number of signs allowed on a property; (iii) maximum area for individual signs; (iv) height limitation; (v) color and materials; (vi) lighting; (vii) temporary signage (both on-site and off-site); (viii) off-site signs; and (ix) dilapidated or abandoned signage.

A.

Non-Permitted Signs.

The following signs are not permitted in the Lake Carroll Village Overlay:

1.

Outdoor advertising signs.

2.

Roof signs.

3.

Standard box cabinet wall signs. For purposes of this section, a "standard box cabinet wall sign" means a fabricated sign box, which contains a light source and a plastic or aluminum face with letter or graphics, and which is typically mounted to a wall or is part of a monument or pylon sign.

4.

Abandoned or discontinued signs or structures.

5.

Electronic reader boards. For purposes of this section, the term "electronic reader board" is not intended to preclude all signs with digital lettering or numbering, which can be changed from a remote location. Rather, the term "electronic reader board" is meant to refer to a sign whose text, numbering, messaging, or graphics are either in constant motion or change every few seconds or minutes, often with a corresponding change of color or light intensity.

B.

Permitted Signs.

While monument signs are encouraged within the Lake Carroll Village Overlay, the following signs are permitted in the Lake Carroll Village Overlay:

1.

Freestanding Signs.

a.

One (1) freestanding sign is permitted per lot.

b.

For corner lots or lots with frontage on more than one street or road, an additional free standing sign per street or road on which the lot fronts is permitted.

c.

Maximum area: fifty (50) square feet.

d.

Maximum height: eight (8) feet.

e.

Set back: Ten (10) feet from the right-of-way but may be reduced at the discretion of the City Manager if there are extraordinary and exceptional conditions pertaining to the particular piece of property, including but not limited to its size, shape, and topography.

f.

Free-standing signs must direct attention to a building, profession, product, service, business activity, or entertainment conducted on the premises upon which the sign is located.

g.

No part of a sign shall be located within ten (10) feet of a property line.

2.

Wall Signs.

a.

One wall sign is permitted per elevation with a public entrance and/or facing the public right-of-way. For buildings with multiple tenant spaces, one sign is permitted for each tenant space.

b.

Maximum width: sixty-six percent (66%) of the linear width of the facade for the space in which the business is located.

c.

Maximum area: fifty (50) square feet.

3.

Signs to the Side or Rear of Building. Signs to the side or rear of building elevations for ground floor businesses are permitted, provided that the elevation contains a public entrance.

4.

Second Floor Signs. Businesses located on a second floor and facing a street may have one wall sign above the second floor windows, not to exceed the dimensions set forth in Section 5.04.04.1(B)(2) and with lettering in proportion to the size of the sign and width of the business.

5.

Awning Signs.

a.

Awning signs are allowed and are typically painted on or attached to an awning or canopy above a business door or window.

b.

Awning signs may be allowed on the shed portion of the awning, but are preferred on the valance flap. The flap height should be large enough for letters and symbols.

c.

Maximum letter height: seventy-five percent (75%) of the height of the valance flap or shed area.

d.

Minimum valance height: eight (8) inches.

e.

Minimum vertical clearance: eight (8) feet.

f.

Allowable materials: matte finish canvas, glass, or metal.

g.

Awning signs shall be solid in color or striped. The color of the sign should complement the color and material of the building to which it is attached.

h.

The shape of the awning sign should relate to the window or door opening. Barrel-shaped awnings shall be used for arched windows, and rectangular awnings shall be used on rectangular windows.

6.

Instructional Signs. Instruction signs, including thereon an advertising trademark, logo, or emblem identification, and used to give direction or specific instruction to the public may be located adjacent to but not within the right-of-way line, and must not exceed six (6) square feet in area or three (3) feet in height above the ground, if free-standing.

7.

Hanging Signs.

a.

Hanging signs are projecting signs suspended below a marquee or canopy, which are intended to be read by pedestrians or slow-moving motorists.

b.

To minimize visual clutter, hanging signs shall not be located within close proximity to other hanging signs or projecting signs, preferably at least [twenty-five] 25 feet from each other.

c.

Minimum vertical clearance: eight (8) feet.

d.

Maximum projection: forty-eight (48) inches.

e.

Maximum area: six (6) square feet

f.

Permitted locations: first floor for all businesses and upper floors for businesses with covered entries, porches, or balconies.

8.

Window Signs.

a.

Window signs are painted on or attached to the inside of a window facing the street. This type of signage can contain text, graphic logos, and other images.

b.

Window signs shall not completely obscure visibility into or out of the window.

c.

A maximum of one window sign is permitted per window pane or framed window area.

d.

Temporary window signs are allowed to identify special events and sales provided they are removed immediately following the event.

e.

Maximum area: twenty-five percent (25%) of the total transparent glass area of windows parallel to the street, excluding the area of all glass doors.

f.

Location: limited to ground floor window facing the primary street frontage and adjoining parking lot or commercial uses on second floor windows for commercial uses that do not have ground floor occupancy.

9.

Plaque Signs.

a.

Plaque signs are attached to surfaces adjacent to entries and are smaller versions of wall signs.

b.

Maximum projection: two (2) inches.

c.

Maximum area: two (2) square feet.

d.

Location: limited to wall surfaces adjacent to entry.

e.

Graphics: limited to business name and logo.

10.

Banner Signs.

a.

Banner signs contain a logo or design placed on lightweight material. A banner sign is a permanent sign and is intended to add liveliness, color, and a sense of movement to a pedestrian-oriented street.

b.

Banner signs may be used in lieu of a wall sign, but a single tenant space may not have both a wall sign and a banner sign.

c.

Size: The size of banners should be in scale with the associated building.

d.

Poles and brackets: Must be placed so as not to obscure architectural elements and the location of poles and brackets should be considered in context of the entire facade.

e.

Orientation: Must be vertical and mounted perpendicular to the building face and secured by brackets both at the top and bottom of the sign.

f.

Projection: No more than forty-eight (48) inches.

g.

Minimum vertical clearance: eight (8) feet.

h.

Banners along the same block of a street should generally be set at the same angle from the buildings.

(Res. No. 05-2018, 3-5-18; Res. No. 06-2022, 7-11-22)

Signage is vital in the area encompassed by the Maple Street Overlay. While functioning primarily as a communication tool, signs can also contribute to the unique character of an area. The area encompassed by the Maple Street Overlay has a diverse mix of pole, monument, wall, temporary, and dilapidated signage. The intent of the sign design standards in the Maple Street Overlay is: (i) to encourage excellence in signage, both as a communication tool and as an art form; (ii) to allow and encourage creative and unique sign designs while preventing cluttered and unattractive streetscapes; and (iii) to provide basic parameters for creative signs that may be varied and unique like the businesses they represent.

Effectively designed signage should respond to the site, landscape, and architectural design context within which they are located. Signs should be compatible in scale, proportion, and design with the building's façade and its surroundings. These standards do not dictate design.

The sign standards for the Maple Street Overlay address the following: (i) appropriate locations; (ii) number of signs allowed on a property; (iii) maximum area for individual signs; (iv) height limitation; (v) color and materials; (vi) lighting; (vii) temporary signage (both on-site and off-site); (viii) off-site signs; and (ix) dilapidated or abandoned signage.

A.

Non-Permitted Signs.

The following signs are not permitted in the Maple Street Overlay:

1.

Outdoor advertising signs.

2.

Roof signs.

3.

Standard box cabinet wall signs. For purposes of this section, a "standard box cabinet wall sign" means a fabricated sign box, which contains a light source and a plastic or aluminum face with letter or graphics, and which is typically mounted to a wall or is part of a monument or pylon sign.

4.

Abandoned or discontinued signs or structures.

5.

Electronic reader boards. For purposes of this section, the term "electronic reader board" is not intended to preclude all signs with digital lettering or numbering, which can be changed from a remote location. Rather, the term "electronic reader board" is meant to refer to a sign whose text, numbering, messaging, or graphics are either in constant motion or change every few seconds or minutes, often with a corresponding change of color or light intensity.

B.

Permitted Signs.

While monument signs are encouraged within the Maple Street Overlay, the following signs are permitted in the Maple Street Overlay:

1.

Freestanding Signs.

a.

One (1) freestanding sign is permitted per lot.

b.

For corner lots or lots with frontage on more than one street or road, an additional free standing sign per street or road on which the lot fronts is permitted.

c.

Maximum area: fifty (50) square feet.

d.

Maximum height: eight (8) feet.

e.

Setback: Ten (10) feet from the right-of-way but may be reduced at the discretion of the City Manager if there are extraordinary and exceptional conditions pertaining to the particular piece of property, including but not limited to its size, shape, and topography.

f.

Free-standing signs must direct attention to a building, profession, product, service, business activity, or entertainment conducted on the premises upon which the sign is located.

g.

No part of a sign shall be located within ten (10) feet of a property line.

2.

Wall Signs.

a.

One wall sign is permitted per elevation with a public entrance and/or facing the public right-of-way. For buildings with multiple tenant spaces, one sign is permitted for each tenant space.

b.

Maximum width: sixty-six percent (66%) of the linear width of the façade for the space in which the business is located.

c.

Maximum area: fifty (50) square feet.

3.

Signs to the Side or Rear of Building. Signs to the side or rear of building elevations for ground floor businesses are permitted, provided that the elevation contains a public entrance.

4.

Second Floor Signs. Businesses located on a second floor and facing a street may have one wall sign above the second floor windows, not to exceed the dimensions set forth in Section 5.04.04.1(B)(2) and with lettering in proportion to the size of the sign and width of the business.

5.

Awning Signs.

a.

Awning signs are allowed and are typically painted on or attached to an awning or canopy above a business door or window.

b.

Awning signs may be allowed on the shed portion of the awning, but are preferred on the valance flap. The flap height should be large enough for letters and symbols.

c.

Maximum letter height: seventy-five percent (75%) of the height of the valance flap or shed area.

d.

Minimum valance height: eight (8) inches.

e.

Minimum vertical clearance: eight (8) feet.

f.

Allowable materials: matte finish canvas, glass, or metal.

g.

Awning signs shall be solid in color or striped. The color of the sign should complement the color and material of the building to which it is attached.

h.

The shape of the awning sign should relate to the window or door opening. Barrel-shaped awnings shall be used for arched windows, and rectangular awnings shall be used on rectangular windows.

6.

Instructional Signs. Instruction signs, including thereon an advertising trademark, logo, or emblem identification, and used to give direction or specific instruction to the public may be located adjacent to but not within the right-of-way line, and must not exceed six (6) square feet in area or three (3) feet in height above the ground, if free-standing.

7.

Hanging Signs.

a.

Hanging signs are projecting signs suspended below a marquee or canopy, which are intended to be read by pedestrians or slow-moving motorists.

b.

To minimize visual clutter, hanging signs shall not be located within close proximity to other hanging signs or projecting signs, preferably at least 25 feet from each other.

c.

Minimum vertical clearance: eight (8) feet.

d.

Maximum projection: forty-eight (48) inches.

e.

Maximum area: six (6) square feet

f.

Permitted locations: first floor for all businesses and upper floors for businesses with covered entries, porches, or balconies.

8.

Window Signs.

a.

Window signs are painted on or attached to the inside of a window facing the street. This type of signage can contain text, graphic logos, and other images.

b.

Window signs shall not completely obscure visibility into or out of the window.

c.

A maximum of one window sign is permitted per window pane or framed window area.

d.

Temporary window signs are allowed to identify special events and sales provided they are removed immediately following the event.

e.

Maximum area: twenty-five percent (25%) of the total transparent glass area of windows parallel to the street, excluding the area of all glass doors.

f.

Location: limited to ground floor window facing the primary street frontage and adjoining parking lot or commercial uses on second floor windows for commercial uses that do not have ground floor occupancy.

9.

Plaque Signs.

a.

Plaque signs are attached to surfaces adjacent to entries and are smaller versions of wall signs.

b.

Maximum projection: two (2) inches.

c.

Maximum area: two (2) square feet.

d.

Location: limited to wall surfaces adjacent to entry.

e.

Graphics: limited to business name and logo.

10.

Banner Signs.

a.

Banner signs contain a logo or design placed on lightweight material. A banner sign is a permanent sign and is intended to add liveliness, color, and a sense of movement to a pedestrian-oriented street.

b.

Banner signs may be used in lieu of a wall sign, but a single tenant space may not have both a wall sign and a banner sign.

c.

Size: The size of banners should be in scale with the associated building.

d.

Poles and brackets: Must be placed so as not to obscure architectural elements and the location of poles and brackets should be considered in context of the entire façade.

e.

Orientation: Must be vertical and mounted perpendicular to the building face and secured by brackets both at the top and bottom of the sign.

f.

Projection: No more than forty-eight (48) inches.

g.

Minimum vertical clearance: eight (8) feet.

h.

Banners along the same block of a street should generally be set at the same angle from the buildings.

(Res. No. 09-2018, 6-4-18; Res. No. 06-2022, 7-11-22)

Signage is vital in the Central Business District. While functioning primarily as a communication tool, signs can also contribute to the unique character of the area. The area encompassed by the Central Business District has a diverse mix of pole, monument, wall, temporary, and dilapidated signage. The intent of the following sign design standards in the Central Business District is: (i) to encourage excellence in signage, both as a communication tool and an art form; (ii) to allow and encourage creative and unique sign designs while preventing cluttered and unattractive streetscapes and sidewalks; and (iii) to provide basic parameters for creative signs that may be varied and unique like the businesses they represent.

Effectively designed signage should respond to the site, landscape, and architectural context within which they are located. Signs should be compatible in scale, proportion, and design with the building's façade and its surroundings.

The sign standards for the Central Business District address the following: (i) appropriate locations; (ii) number of signs permitted on a property; (iii) maximum area of individual signs; (iv) height limitation; (v) color and materials; (vi) temporary signage; (vii) lighting; (viii)off-site signs; (ix) signs on the public sidewalk; and (x) dilapidated or abandoned signage.

A.

Non-Permitted Signs. The following signs are not permitted in the Central Business District (C-1):

1.

Outdoor advertising signs.

2.

Roof signs.

3.

Standard box cabinet wall signs. For purposes of this section, a "standard box cabinet wall sign" means a fabricated sign box, which contains a light source and a plastic or aluminum face with letter or graphics, and which is typically mounted to a wall or is part of a monument or pylon sign.

4.

Abandoned or discontinued signs or structures.

5.

Electronic reader boards. For purposes of this section, the term "electronic reader board" is not intended to preclude all signs with digital lettering or numbering, which can be changed from a remote location. Rather, the term "electronic reader board" is meant to refer to a sign whose text, numbering, messaging, or graphics are either in constant motion or change every few seconds or minutes, often with a corresponding change of color or light intensity.

6.

Unlicensed signs on the public sidewalk.

7.

Neon signs or tubing, either in windows or on the sign structure.

B.

Permitted Signs. While monument or wall signs are encouraged, the following signs are permitted in the Central Business District (C-1):

1.

Freestanding Signs.

a.

One (1) freestanding sign is permitted per lot.

b.

For corner lots or lots with frontage on more than one street or road, an additional freestanding sign per street or road on which the lot fronts is permitted.

c.

Maximum area: fifty (50) square feet.

d.

Maximum height: eight (8) feet.

e.

Setback: Ten (10) feet from the right-of-way but may be reduced at the discretion of the City Manager if there are extraordinary and exceptional conditions pertaining to the particular piece of property, including but not limited to its size, shape, and topography.

f.

Free-standing signs must direct attention to a building, profession, product, service, business activity, or entertainment conducted on the premises upon which the sign is located.

g.

No part of a sign shall be located within ten (10) feet of a property line.

h.

Freestanding signs shall not be internally lit. Accent lighting is permitted for freestanding signs.

2.

Wall Signs.

a.

One wall sign is permitted per elevation with a public entrance and/or facing the public right-of-way. For buildings with multiple tenant spaces, one sign is permitted for each tenant space.

b.

Maximum width: sixty-six percent (66%) of the linear width of the façade for the space in which the business is located.

c.

Maximum area: fifty (50) square feet.

3.

Signs to the Side or Rear of Building. Signs to the side or rear of building elevations for ground floor businesses are permitted, provided that the elevation contains a public entrance.

4.

Second Floor Signs. Businesses located on a second floor and facing a street may have one wall sign above the second floor windows, not to exceed the dimensions set forth in Section 5.04.04.3(B)(2) and with lettering in proportion to the size of the sign and width of the business.

5.

Awning Signs.

a.

Awning signs are allowed and are typically painted on or attached to an awning or canopy above a business door or window.

b.

Awning signs may be allowed on the shed portion of the awning, but are preferred on the valance flap. The flap height should be large enough for letters and symbols.

c.

Maximum letter height: seventy-five percent (75%) of the height of the valance flap or shed area.

d.

Minimum valance height: eight (8) inches.

e.

Minimum vertical clearance: eight (8) feet.

f.

Allowable materials: matte finish canvas, glass, or metal.

g.

Awning signs shall be solid in color or striped. The color of the sign should complement the color and material of the building to which it is attached.

h.

The shape of the awning sign should relate to the window or door opening. Barrel-shaped awnings shall be used for arched windows, and rectangular awnings shall be used on rectangular windows.

6.

Instructional Signs. Instructional signs, including thereon an advertising trademark, logo, or emblem identification, and used to give direction or specific instruction to the public may be located adjacent to but not within the right-of-way line, and must not exceed six (6) square feet in area or three (3) feet in height above the ground, if free-standing.

7.

Hanging Signs.

a.

Hanging signs are projecting signs suspended below a marquee or canopy, which are intended to be read by pedestrians or slow-moving motorists.

b.

To minimize visual clutter, hanging signs shall not be located within close proximity to other hanging signs or projecting signs, preferably at least 20 feet from each other.

c.

Minimum vertical clearance: eight (8) feet.

d.

Maximum projection: forty-eight (48) inches.

e.

Maximum area: six (6) square feet

f.

Permitted locations: first floor for all businesses and upper floors for businesses with covered entries, porches, or balconies.

8.

Window Signs.

a.

Window signs are painted on or attached to the inside of a window facing the street. This type of signage can contain text, graphic logos, and other images.

b.

Window signs shall not completely obscure visibility into or out of the window.

c.

A maximum of one window sign is permitted per window pane or framed window area.

d.

Temporary window signs are allowed to identify special events and sales provided they are removed immediately following the event.

e.

Maximum area: twenty-five percent (25%) of the total transparent glass area of windows parallel to the street, excluding the area of all glass doors.

f.

Neon tubing is not permitted in windows or on signage in windows.

g.

Location: limited to ground floor window facing primary street frontage and adjoining parking lot or commercial uses on second floor windows, only if commercial uses do not have a ground floor occupancy.

9.

Plaque Signs.

a.

Plaque signs are attached to surfaces adjacent to entries and are smaller versions of wall signs.

b.

Maximum projection: two (2) inches.

c.

Maximum area: two (2) square feet.

d.

Location: limited to wall surfaces adjacent to entry.

e.

Graphics: limited to business name and logo.

10.

Banner Signs.

a.

Banner signs contain a logo or design placed on lightweight material. A banner sign is a permanent sign and is intended to add liveliness, color, and a sense of movement to a pedestrian-oriented street.

b.

Banner signs may be used in lieu of a wall sign, but a single tenant space may not have both a wall sign and a banner sign.

c.

Size: The size of banners should be in scale with the associated building.

d.

Poles and brackets: Must be placed so as not to obscure architectural elements and the location of poles and brackets should be considered in context of the entire façade.

e.

Orientation: Must be vertical and mounted perpendicular to the building face and secured by brackets both at the top and bottom of the sign.

f.

Projection: No more than forty-eight (48) inches.

g.

Minimum vertical clearance: eight (8) feet.

h.

Banners along the same block of a street should generally be set at the same angle from the buildings.

11.

Murals. Murals in the Central Business District shall be regulated in accordance with Section 5.04.04 (A)(10) of the Unified Development Ordinance.

12.

Signs on public sidewalks. For businesses within structures with zero (0) front yard setbacks, business signs may be licensed for placement on the public sidewalk by the City Manager, or his designee. Unlicensed signs on the public sidewalk are prohibited.

(Res. No. 06-2024, 5-6-24)

In addition to the general regulations and restrictions applying to all sign classifications, the following signs may be erected and maintained as follows:

A.

Real Estate Signs.

On other than individual single-family residential lots, real estate signs shall be allowed not exceeding one hundred (100) square feet and shall be limited to two (2) such signs per project, or one (1) such sign per project entrance. On individual single-family residential lots, one (1) real estate sign per single-family residential lot not exceeding three (3) square feet is permitted.

B.

Construction Signs.

For construction on or development of a lot, one (1) construction sign shall be allowed per contractor, engineer, architect, or financial institution associated with the project.

C.

Real Estate Directional Sign.

Real estate directional signs are permitted, provided: such signs shall not exceed a maximum size of four (4) square feet; such signs shall not be illuminated; and no more than two (2) real estate directional signs may be placed on any lot.

D.

Weekend Directional Sign.

Weekend directional signs are off-premises signs, which provide direction to property for sale, lease or rent. Weekend directional signs may be erected from Friday at 3:00 p.m. until 11:59 p.m. on Sunday to direct traffic to a specific project. Weekend directional signs are not permitted within the public right-of-way.

E.

Special Event Sign.

Any person, firm, or corporation is allowed special event signs on-premises for a special use or event, such as, but not limited to, grand openings, seasonal sales, liquidations, going out of business sales, fire sales, and give-away or free promotions, only under the following conditions and requirements:

1.

Prior to such special event or use and the erection and placement of any such signs or devices, a permit shall be obtained from the Building Official or his authorized representative.

2.

The maximum number of special event sign permits issued to a single business location or parcel shall be four (4) in any twelve (12) month period, and no permit shall be issued for period exceeding fifteen (15) consecutive days.

3.

Special event signs shall not exceed fifty (50) square feet and no more than two (2) special event signs may be placed at any given business location or parcel, unless the business location or parcel has frontage on more than one public street, in which event the business location or parcel may place up to two (2) special event signs per frontage on a public street.

4.

All temporary special event signs must be removed immediately upon the expiration of the period authorized in the approved permit. Failure to remove the signs or structures following the expiration of the period authorized in the approved permit shall result in the issuance of a citation by the Building Official or his authorized representative. Any person, firm, or corporation issued a special event sign permit failing to remove said sign at the expiration of the period authorized by the applicable permit shall be prohibited from receiving another special event sign permit for a period of one (1) year from the date of the violation.

5.

No special event signs may be located in the public right-of-way, and any such signs located in the public right-of-way shall be removed and impounded, and a thirty dollar ($30.00) impound fee per sign will be required to recover the impounded signs.

6.

Information relating to pricing, discounts, financing, or incentives offered with respect to the sale of new or used automobiles or trucks that appears on a temporary basis on the windows or bodies of automobiles or trucks or on the storefronts of automobile or truck dealerships shall not be considered a special event sign and shall not otherwise be subject to regulation as a sign.

(Res. No. 02-2019, 1-7-19)

A.

The lawful use of a permanent sign existing at the time of the adoption of this ordinance may be continued in non-conformance with the requirements of this ordinance, except that the non-conforming sign shall not be enlarged, altered, modified, improved, or rebuilt. A non-conforming sign may be repaired to the extent necessary to maintain it in a safe condition and in a neat and orderly appearance. A change in the advertising message on the sign shall not constitute an alteration or modification of the sign.

B.

No structural repair or change in shape, size, or design shall be permitted except to make a non-conforming sign comply with all requirements of this ordinance or to render the sign structurally sound. Routine maintenance and changing of copy shall be permitted as long as such maintenance or changing of copy does not result in or change the shape, size, or design.

C.

A non-conforming sign structure may not be replaced by another non-conforming sign structure, except where a change in conditions beyond the control of the owner warrant the sign's repair.

(Res. No. 22-2020, 12-7-20)

A.

All signs shall be constructed and maintained in conformance with the City of Carrollton building codes. Such signs, together with their supports, braces, guys, and anchors shall be kept in good repair and must be maintained in a safe condition with a clean appearance.

B.

The Building Official or his authorized representative shall inspect signs installed under the provisions of this ordinance to determine that each sign meets the requirements set forth in this ordinance and is maintained in conformance with all applicable codes of the City of Carrollton and the provisions of this ordinance.

C.

It shall be the responsibility of the Building Official or his designee to notify the sign contractor, if known, the sign owner, or the property owner of any violations. Such notice shall be in writing and provide the particulars as to the violation. All violations must be corrected within ten (10) days following service of such notice. Said notice may be served by certified mail or personal delivery. The Building Official or his authorized representative is empowered to issue a citation for violation requiring the presence of the violator in the Municipal Court of the City of Carrollton.

D.

The Building Official or his duly authorized representatives are herewith authorized to enter private property for the purpose of making inspections to insure compliance with all provisions of this ordinance.

All of the provisions of this article shall be administered by the City Manager, and the appropriate appeal procedure shall be the same as established in Article 9 through the Board of Development Appeals.

A.

Permits are required for all signs as follows:

1.

A sign permit is required before a sign may be erected or attached to, suspended from, or supported on a building or structure, or before an existing sign may be enlarged, relocated, or materially improved upon, except as is herein provided by this ordinance.

2.

If the plans, specifications, and intended use of the applied sign or part thereof conform in all respects to the applicable provisions of this ordinance and City building and electrical codes, a sign permit shall be issued.

3.

A sign permit shall become null and void if the sign for which the permit was issued has not been completed within a period of six (6) months after the date of permit issuance.

A.

Except as specifically exempted from the provisions of this ordinance, it shall be unlawful for any person to post, display, substantially change, or erect a sign without a permit. A change in the copy only of a sign shall not constitute a substantial change.

B.

Applications for sign permits shall be filed by the sign owner or its agent with the Building Official or his designee. The application shall describe and set forth the following:

1.

The street address of the property upon which the subject sign is to be located and a site plan of the property which bears the scaled and labeled proposed location of the sign.

2.

The aggregate area and copy area for all signs on the parcel.

3.

The name(s) and address(es) of the owner(s) of the real property upon which the subject sign is to be located.

4.

The name, address, telephone number, business license number, and signature of the business owner authorizing placement of the sign.

5.

The name, address, telephone number, fax number, business license number, and signature of the sign contractor.

6.

The type of sign to be erected, the area and copy of the sign, the height of the sign (if free-standing), the shape of the sign, the color(s) of the sign, the material of the sign, and details showing how the sign will be mounted, installed, or erected.

7.

For free-standing and monument signs only, the dimensioned sign location on a site plan; the structural foundation and mounting details; and the location and size of the sign.

8.

All existing free-standing and monument signs on the property.

9.

The cost of the sign (materials and installation).

10.

If an electrical sign, a copy of the electrical permit. Signs connected to an approved, existing wired outlet or junction box do not require electrical permits.

11.

For illuminated signs, maximum foot candles must be specified on the permit application. Maximum foot candles shall not exceed 12,000 lumens.

The fee schedule for sign permits is provided in Table 5.04.11(A) as follows, except that the fee shall be waived for bona fide charitable organizations only.

Table 5.04.11(A). Sign Permit Fees.

Note:

1.

A minimum of $25.00 shall be charged for each sign permit, plus the applicable electrical permit fee, if such permit is also required.

(Res. No. 02-2019, 1-7-19)

A.

All signs, other than non-conforming signs, which are not in compliance with this ordinance are prohibited and illegal and shall not be erected or maintained.

B.

Signs on Rights-of-Way.

All prohibited signs located on public rights-of-way are hereby declared litter and may be removed and disposed of by any City employee.

The Building Official or his duly authorized representative is hereby empowered to issue a citation for violation of this ordinance requiring the presence of the violator in the Municipal Court of the City of Carrollton in any case where it is found that a sign is erected, constructed, reconstructed, altered, converted, or maintained in violation of any provision of this ordinance.

Any person, firm, or corporation who shall fail to comply with requirements of this ordinance shall, upon conviction of a violation of this ordinance, be punished as a misdemeanor offense. Each violation shall be considered a separate offense, and each day in violation shall be considered a separate offense.

The City Manager is hereby authorized to grant an administrative variance from any provision contained within Section 5.04.01 et seq., provided that no such administrative variance shall exceed twenty percent (20%) of the limit, rule, or regulation that would otherwise apply.

(Res. No. 11-2012, 11-5-12)

A.

The purpose of this section is to establish general guidelines for the siting of WCF's.

B.

The goals of this section are to:

1.

Provide a range of locations for WCFs in a variety of zones;

2.

Within each zone, provide clear performance standards addressing the siting of WCFs;

3.

Encourage the locating of WCFs in non-residential areas and minimize the total number of owners throughout the community;

4.

Encourage the location of WCFs on existing structures, including utility poles, signs, water towers, building, and other WCFs where feasible;

5.

Encourage collocation and site sharing of new and existing WCFs;

6.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas;

7.

Facilitate the use of public property and structures for WCFs;

8.

Enhance the ability of providers of telecommunication services to provide such service to the community quickly, effectively, and efficiently.

A.

Public property.

Antennas or towers located on property owned, leased, or otherwise controlled by the City shall be exempt from the requirements of this ordinance, provided a license or lease authorizing such antenna or tower has been approved by the City.

B.

Amateur radio: Receive-only antennas.

This ordinance shall not govern any tower, or the installation of any antenna, that is under thirty-five (35) feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.

C.

Pre-existing towers and antennas.

Any tower or antenna having a properly issued permit prior to the effective date of this section shall not be required to meet the requirements of this section, other than the requirements of Section 5.05.03(J) and (K). Any such towers or antennas shall be referred to in this section as "pre-existing towers" or "pre-existing antenna arrays".

The guidelines set forth in this section shall govern the location of all towers, and the installation of all antennas, governed by this section; provided, however, the City may waive these requirements if it determines the goals of this section are better served thereby.

A.

Height standards.

1.

Attached WCFs.

Attached WCFs shall not add more than twenty (20) feet in height to the existing building or structure to which it is attached (attachment structure).

2.

WCFs with supporting structures.

WCF's constructed with supporting structures shall be subject to the standards set forth in Table 5.05.03(A), below.

Table 5.05.03(A). Development Standards for Wireless Communication Facilities.

1.

Attached WCFs in any zone are limited in height to twenty (20) feet from the top of the attachment structure.

2.

The antenna array for an attached WCF is exempt from the setback requirements of this section and from the setbacks for the zone in which they are located, provided, no such antenna array shall extend more than five (5) feet horizontally from the attachment structure.

3.

Landscaping and buffer requirements are in addition to the underlying zone requirements. The antenna array for an attached WCF is exempt from the landscaping and buffer requirements of this section.

4.

If the project site abuts another industrial district, the current setbacks specified in the zoning ordinance would apply for those property lines where the two (2) industrial zoning districts meet.

B.

Setbacks and maximum lot size.

1.

Attached WCFs.

Antenna arrays for attached WCFs are exempt from the setback standards of this section and from the setbacks for the zone in which they are located. An attached WCF antenna array may extend up to five (5) feet horizontally beyond the edge of the attachment structure so long as the antenna array does not encroach upon an adjoining parcel.

2.

WCFs with support structures.

WCF's constructed with supporting structures shall be subject to the setback requirements set forth in Table 5.05.03(A), above; provided, however, that the City may reduce the standard setbacks and separation requirements if the goals of this section would be better served thereby.

C.

Landscaping and buffer requirements.

1.

WCFs shall be landscaped in accordance with the landscape requirements contained in the zoning ordinance, except for additional requirements stated herein.

2.

Existing mature tree growth and natural land forms on the site shall be preserved to the extent feasible; provided, however, that vegetation that causes interference with the antennas or inhibits access to the equipment facility may be trimmed.

3.

Existing vegetation on site may be used in lieu of required landscaping where approved by the City Manager, or his or her designee.

4.

Additional landscaping and buffer requirements (See also table 5.05.03(A), above):

a.

In single-family, townhouse, multi-family, and estate residential zoning districts, a twenty-five (25) foot perimeter buffer is required, with a minimum of one (1) tree per twenty-five (25) lineal feet of buffer, with a maximum of fifty (50) percent being shade trees. Retention of existing trees on site in order to meet this requirement is encouraged. Grass or other ground cover species shall be planted on all areas of the buffer strip required which are not covered by other landscape material.

b.

In the mobile home residential zoning district, a twenty (20) foot perimeter buffer is required, with a minimum of one (1) tree per twenty-five (25) lineal feet of buffer, with a minimum of fifty (50) percent being shade trees. Retention of existing trees on site in order to meet this requirement is encouraged. Grass or other ground cover species shall be planted on all areas of the buffer strip required which are not covered by other landscape material.

c.

In office-institutional, central business and neighborhood commercial zoning districts, an additional fifteen (15) foot buffer shall be required.

d.

In the general commercial and industrial districts an additional ten (10) foot buffer shall be required.

5.

Maintenance.

It will be the responsibility of the owner/tenant to keep all landscaping material free from disease and properly maintained in order to fulfill the purpose for which it was established. The owners of the property, and any tenant on the property where buffers and landscaping is required, shall be jointly and severally responsible for the maintenance of all landscaping materials. Such maintenance shall include all actions necessary to keep the buffer and landscape areas free from litter and debris, to keep plantings healthy, and to keep planting areas neat in appearance. Any vegetation that constitutes part of the buffer or landscaping shall be replaced in the event it dies.

D.

Aesthetics, placement, materials, and color.

1.

Attached WCFs shall have both antenna and supporting electrical and mechanical equipment that are of a neutral color identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. In addition, the placement of the antenna array and supporting equipment shall be consistent with proper functioning of the WCF while mitigating the impact of the facility on the surrounding area.

2.

WCFs with support structures shall consist of towers with a galvanized steel finish, or subject to any applicable standards of the FAA, be painted a neutral color (except in the M-1 and M-2 zoning districts), so as to reduce visual obtrusiveness. At a tower site, the design of the building and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. In most instances, WCFs with support structures should be of the monopole variety except when providers can document and demonstrate need for lattice-type towers.

E.

Separation requirement.

In zoning districts, other than general commercial and industrial districts, WCFs over ninety (90) feet in height shall not be located within one-quarter (¼) of a mile from any existing WCF that is over ninety (90) feet in height.

F.

Lighting.

Towers shall not be artificially lighted, unless required by FAA or other applicable authority. Lighting may be required if the tower is near a non-FAA controlled landing strip pending review by the City Manager. If lighting is required, the City may review the available lighting alternative and approve the design that would cause the least disturbance to the surrounding views.

G.

Noise.

No equipment shall be operated at a WCF so as to produce noise in excess of the applicable noise standards under WAC 173-60, except for in emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis. No generator shall be used prior to commercial power being delivered to the site.

H.

Security fencing.

WCFs with support structures shall be enclosed by a security fence not less than six (6) feet in height, and the support structure shall be equipped with an appropriate anti-climbing device; provided, however, that the City may waive such requirements, as it deems appropriate; however, nothing herein shall prevent security fencing which is necessary to meet other requirements of state or federal agencies.

I.

Radio frequency emissions.

1.

The Federal Telecommunications Act of 1996 (FTA) gives the Federal Communication Commission (FCC) sole jurisdiction in the field of regulation of Radio Frequency (RF) emissions, and WCFs which meet the FCC standards shall not be conditioned or denied on the basis of the RF impacts.

2.

In order to provide information to its citizens, copies of ongoing FCC information concerning WCFs and radio frequency emission standards shall be made available. Applicants for WCFs shall be required to provide information on the projected power density of the facility and how this meets the FCC standards.

J.

Federal requirements.

All WCFs must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with authority over WCFs. If such standards and regulations are changed, then the owners of the WCFs governed by this ordinance shall bring such antenna arrays and/or support structures into compliance with such revised standards and regulations within six (6) months of the effective dates of such standards and regulations unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring WCFs into compliance with such revised standards and regulations shall constitute grounds for the removal of the WCF at the owner's expense in accordance with Section 5.05.07 of this UDO.

K.

Structural integrity.

To ensure the structural integrity of towers, the owner of a tower shall ensure it is maintained in compliance with standards contained in applicable local building codes and the Electronic Industries Association/Telecommunications Industries (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures (or Equivalent)," as amended from time to time. If, upon inspection, the City concludes a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the tower's owner, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the City may remove such tower at the owner's expense in accordance with Section 5.05.07 of this UDO. A letter stamped by an engineer certified in the state shall be required stating that the WCF and support structure meets or exceeds all applicable requirements set forth herein.

(Res. No. 12-2007, §§ 1, 2, 11-5-07)

A.

General.

The applicable development standards referred to herein are those set forth in Section 5.05.03 and in Table 5.05.03(A) above.

B.

Attached WCFs are permitted as follows:

1.

Attached WCFs in commercial and industrial zones that meet the development standards are permitted as of right.

2.

Attached WCFs in commercial and industrial zones that exceed the development standards shall require a conditional use permit subject to the review and approval of said permit during public hearings of the Planning Commission and the Mayor and City Council.

3.

Attached WCFs in residential zones that meet the development standards shall require a conditional use permit subject to the review and approval of said permit during public hearings of the Planning Commission and the Mayor and City Council.

4.

Attached WCFs in residential zones that exceed the development standards shall require a conditional use permit subject to the review and approval of said permit during public hearings of the Planning Commission and the Mayor and City Council.

5.

Attached WCFs in office and institutional and central business district zones that meet the development standards shall require a conditional use permit subject to the review and approval of said permit during public hearings of the Planning Commission and the Mayor and City Council.

6.

Attached WCFs in office and institutional and central business district zones that exceed the development standards shall require a conditional use permit subject to the review and approval of said permit during public hearings of the Planning Commission and the Mayor and City Council.

C.

WCFs with support structures are permitted as follows:

1.

WCFs with support structures in the commercial and industrial zones that meet the development standards are permitted as of right.

2.

WCFs with support structures in the commercial and industrial zones that exceed the development standards shall require a conditional use permit subject to the review and approval of said permit during public hearings of the Planning Commission and the Mayor and City Council.

3.

WCFs with support structures in the office and institutional and central business zoning districts that meet the development standards shall require a conditional use permit subject to the review and approval of said permit during public hearings of the Planning Commission and the Mayor and City Council.

4.

WCFs with support structures in the office and institutional and central business zoning districts that exceed the development standards shall require a conditional use permit subject to the review and approval of said permit during public hearings of the Planning Commission and the Mayor and City Council.

5.

WCFs with support structures in residential zones that meet the development standards shall require a conditional use permit subject to the review and approval of said permit during public hearings of the Planning Commission and the Mayor and City Council.

6.

WCFs with support structures in residential zones that exceed the development standards shall require a conditional use permit subject to the review and approval of said permit during public hearings of the Planning Commission and the Mayor and City Council.

D.

WCFs on property owned, leased or otherwise controlled by the City, provided that the WCF has been approved by the City and the development standards in Section 5.05.03 are met, are permitted as of right.

E.

Temporary WCFs for a term not to exceed ninety (90) days, with a possible ninety (90) day extension with approval of the City Manager, are permitted as of right.

A.

Permitted as of right.

Where a WCF is permitted as of right, only a building permit is required.

B.

Administrative review.

1.

Review of WCFs under this section will be conducted by the City Manager, or his or her designee, upon application for a building permit for the WFC.

2.

Each applicant for administrative approval shall apply to the City Manager, providing information set forth in subsection (D)(2) of this section.

3.

The City Manager, or his or her designee, shall respond to each application within thirty (30) days after receiving it by either approving or denying the application.

4.

In connection with any such administrative approval, the City Manager, may, in order to encourage shared use, administratively waive any zoning district setback requirements by up to fifty (50) percent.

5.

If an administrative approval is denied, the applicant may appeal said denial in accordance with the provisions of Article 10 of this UDO to the Board of Development Appeals.

C.

Specific administratively approved uses.

The following uses may be approved by the City Manager, or his or her designee, after conducting an administrative review:

1.

Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other free-standing nonresidential structure) that is less than fifty (50) feet in height, so long as such addition does not add more than twenty (20) feet to the height of the existing structure;

2.

Installing an antenna on an existing tower of any height, including a pre-existing tower and further including the placement of additional buildings or other support equipment used in connection with said antenna, so long as the addition of said antenna adds no more than twenty (20) feet to the height of said existing tower.

D.

Conditional use permit.

1.

General.

The following provisions shall govern the issuance of conditional use permits:

[a.]

If the WCF is not a permitted use under subsection (A) of this section or permitted to be approved administratively pursuant to subsections (B) and (C) of this section, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all specified zoning districts.

b.

In granting a conditional use permit, the Mayor and City Council may impose conditions to the extent the City concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

2.

Information required.

Each applicant requesting a conditional use permit under this ordinance shall submit the following:

a.

Plans.

The applicant shall submit a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriately licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the City to be necessary to assess compliance with this ordinance.

b.

Inventory of existing sites.

Each applicant for an antenna or tower shall provide to the City Manager an inventory of its existing towers that are either within the jurisdiction of the City or within one-quarter (¼) mile of the border thereof, including specific information about the location, height, and design of each tower. The City Manager may share such information with other applicants applying for administrative approvals or conditional use permits under this ordinance or other organizations seeking to locate antennas within the jurisdiction of the City, provided, however the City Manager is not, by sharing his information, in any way representing or warranting such sites are available or suitable.

c.

Collocation.

Pursuant to goals in Section 5.05.01, each applicant shall provide a statement indicating intent to allow shared use of the tower and how others will be accommodated. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer.

3.

Reviewing bodies.

Review of WCFs under this section will be conducted by the Planning Commission and the Mayor and City Council.

4.

Public notice.

Notice shall be given for this review in accordance with the procedures established in the zoning ordinance for notice of applications and hearings before the Planning Commission and the Mayor and City Council.

5.

Hearing.

The Mayor and City Council shall render a decision on the conditional use request in accordance with the procedures established in this UDO.

6.

Factors considered in granting conditional use permits.

Both the Planning Commission and the Mayor and City Council shall consider the following factors in determining whether to issue a conditional use permit, although either body may waive, reduce, or, in certain instances, increase the burden on the applicant on one or more of these criteria if either body concludes that the goals of the City's ordinances are better served thereby.

a.

Height of the proposed tower;

b.

Proximity of the tower to a residential structure and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

f.

Proposed ingress and egress; and

g.

Availability of suitable existing towers or other structures, as listed below in subsection (7).

7.

Availability of suitable existing towers or other structures.

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure are unreasonable. Costs exceed new tower development.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

8.

Findings.

A decision rendered by the Mayor and City Council under a conditional use permit shall be supported by findings of fact and conclusions of law based upon substantial evidence in the record.

9.

Timing of decision.

The Mayor and City council shall render its decision within sixty (60) days after referral from the Planning Commission, unless the Mayor and City Council can demonstrate that more time is required and the time is agreed to by the applicant.

The City is responsible for notifying all adjacent property owners, as shown on the tax records, for applications involving the location of WCFs in residential areas and for all applications requiring a conditional use permit.

A telecommunications structure may be determined to be abandoned because of discontinued use or falling into disrepair or noncompliance because of neglect of maintenance according to the standards set forth in this ordinance.

A.

Abandonment because of discontinued use.

A telecommunication structure shall be determined to be abandoned if the structure becomes more than twenty-five (25) percent damaged and the owner fails to repair the same within six (6) months or if the structure falls into a like disrepair from vandalism, neglect, or collapse so as to discontinue all telecommunication service for a period of nine (9) months. Within ninety (90) days after notice from the City that a structure has been considered abandoned, the owner of the structure shall either re-establish use of the site or remove all equipment, support structures and appurtenances.

B.

Abandonment due to disrepair or noncompliance.

In the event a telecommunications structure falls into disrepair or noncompliance because of neglect of maintenance, the facility shall be determined to be abandoned if repairs are not affected to restore compliance within thirty (30) days after written notice of noncompliance from the codes enforcement officer. Failure to comply within thirty (30) days shall result in expiration of prior approvals for the facility.

C.

Expiration of prior approvals.

Any proposal to re-establish the telecommunication structure after failure to comply with restoration of facilities because of disrepair or neglect shall be treated as a new application subject to reviews, approvals and fees required by this ordinance.

D.

Liability of noncompliance.

No time period stated herein shall relieve the owner of a telecommunication structure from responsibility to maintain a safe facility.

E.

If applicable, a copy of relevant portions of a signed lease, which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site, shall be submitted at the time of application. In the event that a tower is not removed at the cessation of operations at a site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property.

WCFs in existence on the date of the adoption of this section which do not comply with the requirements of this section shall be referred to as non-conforming WCFs and are subject to the following provisions:

A.

Non-conforming WCFs may continue to operate for the purpose now used, but may not be expanded without complying with this ordinance, except as further provided in this section.

B.

Non-conforming WCFs may add additional antennas (belonging to the same carrier or other carriers) subject to administrative review in Section 5.05.05.

C.

Non-conforming WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location, and physical dimensions subject to obtaining a building permit therefore, but without otherwise complying with this section.

D.

The owner of any non-conforming WCF may replace, repair, rebuild, and/or expand such WCF in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities, or to upgrade the facilities to current engineering, technological, or communications standards, without having to conform to the provisions of this ordinance, so long as such facilities are not increased in height by more than ten [(10)] percent and/or setbacks are not decreased by more than ten [(10)] percent.

A.

Minor modifications.

Minor modifications to WCFs permitted under this ordinance shall be approved under an administrative review by the City Manager, or his or her designee (see Section 5.05.05). Minor modifications are as follows:

1.

The addition of no more than two (2) antenna arrays to any existing WCF, so long as the addition of the antenna arrays add no more than [twenty] (20) feet in height to the WCF;

2.

An increase in height of the support structure which is no greater than ten [(10)] percent;

3.

A decrease in setbacks by no more than ten [(10)] percent;

4.

Collocations of up to one (1) antenna array shall be considered a minor modification.

B.

Major modifications.

Major modifications to WCFs permitted under this ordinance shall be approved under review and by public hearings of the Planning Commission and the Mayor and City Council as stated in Section 5.05.05. Major modifications are any modifications that exceed the definition of minor modification.

A.

Purpose. The purpose of this section is to establish policies and procedures for the placement of small wireless facilities in rights-of-way under the City's jurisdiction, consistent with the preservation of the integrity, safe usage, and visual qualities of the City rights-of-way and the City as a whole.

B.

Intent. In enacting this section, the City is establishing uniform standards to address issues presented by small wireless facilities, including without limitation, to:

1.

Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

2.

Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

3.

Prevent interference with the facilities and operations of facilities lawfully located in rights-of-way or public property;

4.

Protect against environmental damage, including damage to trees;

5.

Preserve the character of the neighborhoods in which such facilities are installed; and

6.

Facilitate rapid deployment of small cell facilities to provide the benefits of advanced wireless services.

It is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in the City; unreasonably discriminate among providers of functionally equivalent wireless communication services; regulate the placement, construction or modification of wireless telecommunications facilities on the basis of environmental effects of radio frequency ("RF") emissions where it is demonstrated that the wireless telecommunications facility complies or will comply with the applicable FCC regulations; prohibit, effectively prohibit or unreasonably delay collocations or modifications to existing wireless telecommunications facilities that the City is required to approve pursuant to federal and state law; or require the location or siting of wireless telecommunications facilities on City-owned public property.

C.

Preferred installation sites. It shall be the policy of the City to discourage the installation of new poles and above-ground cabinets in the City's rights-of-way, and to encourage installations on locations in the following order of preference, consistent with all other applicable law, including but not limited to this section:

1.

Collocated with existing small wireless facilities on or off the rights-of-way;

2.

On existing poles located within the rights-of-way;

3.

On replacement poles installed in the rights-of-way; or

4.

On new poles placed in the rights-of-way.

D.

Relationship to other laws. In the event of a conflict between this section and the remainder of the Code of Ordinances, City of Carrollton, Georgia, this section shall control as applied to small cell wireless facilities only. Otherwise, this section shall supplement and be read in conjunction with the terms of the Code of Ordinances, City of Carrollton, Georgia. All provisions of this section are to be interpreted and applied consistent with all applicable law. The inclusion or absence of any right, responsibility, or other provision arising under applicable law shall not be deemed to constitute a waiver of that or any other provision of applicable law.

(Res. No. 11-2020, 5-4-20)

Unless defined below, terms used in this section shall have the meanings given them in O.C.G.A. § 36-66C-2.

Antenna has the same meaning as in O.C.G.A. § 36-66C-2(2).

Applicable codes means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the state or City or are otherwise applicable in the City.

Applicable laws means and includes any and all federal, state, or local laws, statutes, common laws, applicable codes, rules, regulations, orders, or ordinances and the Telecommunications Act of 1996 as codified in 47 U.S.C. § 151 et seq.

Applicant means any person who submits an application.

Application means a request submitted by an applicant (i) for a permit to install or collocate small wireless facilities; or (ii) to approve the installation or modification of a utility pole or wireless support structure.

Collocate has the same meaning as in O.C.G.A. § 36-66C-2(11).

Concealment element means any design feature, including but not limited to painting, landscaping, shielding requirements, and restrictions on location, proportions, or physical dimensions in relation to the surrounding area or the structure which supports a wireless facility, that is intended to make a wireless facility or any supporting structure less visible to the casual observer.

City-owned pole means a pole owned, managed, or operated by or on behalf of the City. Such term shall not include poles, support structures, electric transmission structures, or equipment of any type owned by an electric supplier. The term shall only include vertical portions of covered poles; horizontal extensions are not included.

Day means calendar day.

Fee means a one-time charge.

Historic district has the same meaning as in O.C.G.A. § 36-66C-2(20).

Micro wireless facility has the same meaning as in O.C.G.A. § 36-66C-2(23).

O.C.G.A. means the Official Code of Georgia Annotated.

Permit has the same meaning as in O.C.G.A. § 36-66C-2(24).

Person means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the City.

Pole has the same meaning as in O.C.G.A. § 36-66C-2(26).

Rate means a recurring charge.

Rights-of-way or ROW has the same meaning as in O.C.G.A. § 36-66C-2(31).

Small wireless facility has the same meaning as in O.C.G.A. § 36-66C-2(32).

Support structure has the same meaning as in O.C.G.A. § 36-66C-2(34).

Utility pole means a pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control, signage, or a similar function regardless of ownership, including City-owned poles. Such term shall not include structures or poles supporting only wireless facilities on the date of the application.

Wireless facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (i) equipment associated with wireless communications; and (ii) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include the structure or improvements on, under, or within which the equipment is collocated.

Wireless infrastructure provider has the same meaning as in O.C.G.A. § 36-66C-2(35).

Wireless provider has the same meaning as in O.C.G.A. § 36-66C-2(36).

Wireless services has the same meaning as in O.C.G.A. § 36-66C-2(37).

Wireless services provider has the same meaning as in O.C.G.A. § 36-66C-2(38).

(Res. No. 11-2020, 5-4-20)

A.

Permitted use. Collocation of a small wireless facility or a new, modified, or replacement utility pole or wireless support structure for the collocation of a small wireless facility shall be a permitted use subject to the restrictions in this section and applicable state and federal law.

B.

Permit required. No person shall place a small wireless facility in the rights-of-way, without first filing a small wireless facility application and obtaining a permit therefore, except as otherwise provided in this section.

C.

Permit application. Any person seeking to collocate a small wireless facility in the public right-of-way or to install, modify, or replace a pole or a decorative pole in the public right-of-way shall submit an application to the City Engineer or his designee for a permit. Applications are available from the City Engineer. Any material change to information contained in an application shall be submitted in writing to the City Engineer within 30 days after the events necessitating the change. Submission of information to amend an application under this section shall be deemed an agreement by the applicant to toll any applicable deadlines for reviewing the application or for issuing the requested permit for the greater of either: the number of days elapsed between the occurrence of the event necessitating the change, and the date updated information is submitted to the City; or 30 days.

Except as provided in O.C.G.A. § 36-66C-3(c), the applicant may designate portions of its application materials that it reasonably believes contain trade secrets or other proprietary or confidential information by following the procedures set forth in paragraph (34) of subsection (a) of O.C.G.A. § 50-18-72. The applicant shall be solely responsible for clearly identifying and labeling as "proprietary" or "confidential" each page of such materials, but shall undertake all reasonable efforts to minimize the scope and frequency of such designations.

The City shall undertake reasonable steps to safeguard that information, to the extent permitted by law, but in no event shall be found liable for alleged harm incurred as the result of a disclosure, particularly if such disclosure is pursuant to a valid open records request or applicable order from a court.

D.

Application requirements. The small wireless facility permit application shall be made by the wireless provider or its duly authorized representative and shall contain the elements specified in O.C.G.A. § 36-66C-6(d).

E.

Activities not requiring an application. An application shall not be required for those activities specified as exempt under O.C.G.A. § 36-66C-6(e)—(f), but a wireless provider is required to obtain all other permits as required by law, such as electrical and street opening permits, for such activities. Notwithstanding the foregoing, consistent with generally applicable requirements that other occupants of the rights-of-way, such as utilities, are required to provide notice to the City of activities taking place within the rights-of-way without a permit, wireless providers shall provide such notice to the City for activities undertaken without a permit.

F.

Consolidated applications. Each installation or set of installations shall require a separate application. Applications may be consolidated only to the extent permissible by law. For applications including placement of new poles, no more than ten poles and associated small wireless facilities may be submitted in a single application. For collocations on existing poles, no more than 20 sites may be included. Consolidated applications shall be for a geographic area no more than two miles in diameter.

G.

Fees. Fees for applications shall be assessed as required by applicable law. In the event the City's rates for permit processing are not prescribed by state or federal law, those fees shall be established and may be revised from time to time by the City to ensure they reasonably approximate the City's costs in processing and reviewing applications.

Application fees due under this section shall be payable upon submission of the application. Any failure to fully pay application fees at the time of application submission shall absolve the City from any requirement to process the application until those fees are paid, to the extent permissible by law. The City reserves the right to increase fees upon notice, to the extent permissible by law.

H.

ROW occupancy rates; attachment rates for collocations on City-owned poles. Rates to occupy the City rights-of-way and attach to vertical infrastructure therein shall be assessed as prescribed by O.C.G.A. §§ 36-66C-5(a)(4) and 36-66C-5(a)(5). Payments for annual rates for the initial year shall be due at the time of issuance of the permit. Payments of annual rates subsequent to the payment required for the initial year shall be due on the anniversary date of the permit issuance. The City reserves the right to increase fees upon notice, to the extent permissible by law.

I.

Fees for make-ready work. For any collocations on City-owned poles in the rights-of-way, applicants and City shall conform to the procedures and requirements set forth in O.C.G.A. § 36-66C-7(n). The City reserves the right to increase fees upon notice, to the extent permissible by law.

(Res. No. 11-2020, 5-4-20)

A.

Review of small wireless facility applications. The City, through the City Engineer or his designee, shall review the small wireless facility permit applications pursuant to the requirements of this section and all other applicable law, and shall issue a permit on nondiscriminatory terms and conditions should it determine in its discretion that the application meets those requirements, or if otherwise required by operation of law.

B.

Review of eligible facilities requests. Notwithstanding any other provision of this section, the City, through the City Engineer or his designee, shall process applications appropriately qualifying as "eligible facilities requests" as defined in federal law, pursuant to applicable federal requirements. Any application which an applicant believes to qualify as such a request, shall clearly and conspicuously indicate such in any application materials and communications with the City. Applications qualifying as eligible facilities requests shall be reviewed and acted upon in a manner consistent with federal law as specified in 47 C.F.R. 1.6100(c), or a successor provision.

(Res. No. 11-2020, 5-4-20)

A.

Maximum size of permitted use. Small wireless facilities, and new, modified, or replacement utility poles and wireless support structures for the collocation of small wireless facilities may be placed in the rights-of-way as a permitted use subject to the restrictions on size and placement specified in O.C.G.A. § 36-66C-6(a).

1.

Notwithstanding the foregoing, the provisions of this section shall not be interpreted to permit aggregation of multiple height increases, such as by seeking to install a new utility pole or wireless support structure, and then attempting to exceed what would have been the maximum permissible height for that new or replacement pole by requesting an increase to attach facilities. Height limits for existing utility poles or wireless support structures shall be assessed based on the height of the structure before the first wireless facility is installed, and applicants shall not be permitted to request additional height increases based on the total height of a pole, including existing wireless facilities above the top of the utility pole or wireless support structure.

B.

Zoning. Any wireless provider that seeks to construct or modify a utility pole, wireless support structure or wireless facility that exceeds the height or size limits contained in this section, shall be subject to applicable zoning requirements.

C.

Undergrounding provisions. Applicant shall comply with the nondiscriminatory undergrounding requirements set forth in O.C.G.A. § 36-66C-7(i).

(Res. No. 11-2020, 5-4-20)

A.

Authority granted; no property right or other interest created. A permit from the City authorizes an applicant to undertake only certain activities in accordance with this section, and does not create a property right or grant authority to the applicant to impinge upon the rights of others who may already have an interest in the rights-of-way.

B.

Duration. Collocation, installation, modification, or replacement for which a permit is issued under this section shall be completed within six months after the date of issuance, unless an extension is granted pursuant to O.C.G.A. § 36-66C-7(k)(2). The permit issued shall be valid for ten years, and shall be renewed in accordance with O.C.G.A. § 36-66C-7(k)(2)(B).

C.

Indemnification. By submission of an application and receipt of a permit, an applicant acknowledges its consent to indemnify and hold harmless the City to the maximum extent permissible by law, consistent with O.C.G.A. § 36-66C-15.

(Res. No. 11-2020, 5-4-20)

A.

Removal. Removal of small wireless facilities shall be governed by O.C.G.A. § 36-66C-5(e).

B.

Relocation. Relocation of poles, support structures, or small wireless facilities shall be governed by O.C.G.A. § 36-66C-7(l) and (o).

C.

Reconditioning work. Reconditioning work shall be governed by O.C.G.A. § 36-66C-7(m).

D.

Abandonment of facilities. Abandonment of facilities shall be governed by O.C.G.A. § 36-66C-7(p).

E.

Emergency removal or relocation of facilities. If the City determines that a wireless provider's activity in a right-of-way creates an imminent risk to public safety, the City may provide written notice to the wireless provider and demand that the wireless provider address such risk within 24 hours of the written notice. If the wireless provider fails to reasonably address the risk within 24 hours of the written notice, the City may take or cause to be taken action to reasonably address such risk and charge the wireless provider the reasonable documented cost of such actions. Notwithstanding the foregoing, the City retains the right and privilege to cut power to or move any small wireless facility located within the rights-of-way of the City, as the City may determine to be necessary, appropriate, or useful in response to any public health or safety emergency in circumstances where notice to the wireless provider is not reasonably practical.

F.

Damages to rights-of-way. The City is authorized to require a wireless provider to repair all damage to a right-of-way directly caused by the activities of the wireless provider, as provided in O.C.G.A. § 36-66C-7(r).

(Res. No. 11-2020, 5-4-20)

In addition to the requirements detailed elsewhere in this section, the following development standards shall apply to all small wireless facilities governed by this section to the extent permissible by law, specifically including any facilities deployed in historic districts or affecting any pole defined as "decorative" under applicable state law:

A.

No small wireless facility shall be attached to a decorative pole, except as provided by O.C.G.A. § 36-66C-12.

B.

All small wireless facilities shall incorporate concealment elements to the maximum extent feasible and as appropriate to the site and type of facility, and to the extent permissible by law. Specifically, all small wireless facilities shall employ and maintain camouflage design techniques to minimize visual impacts and provide appropriate screening. Such techniques shall be employed so that the installation, operation, and appearance of the small wireless facilities will be consistent with the character of the surrounding area or the structure to which the small wireless facility is attached.

C.

Wireless providers shall adhere to the City's reasonable and nondiscriminatory undergrounding requirements in accordance with O.C.G.A. § 36-66C-7(i).

D.

Wireless providers may not place new poles or replace a decorative pole unless it has complied with the certification requirements set forth in O.C.G.A. § 36-66C-6(k).

E.

Monopoles. Every new utility pole or wireless support structure shall be a monopole rather than a lattice tower or guy-wire support tower, unless otherwise authorized.

F.

Access. No facility shall be built so as to cause the right-of-way in which the facility is located to fail to comply with the Americans with Disabilities Act or otherwise obstruct access.

G.

Security. All facilities shall be designed so as to be resistant to and minimize the opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions, which would result in hazardous conditions, visual blight, or attractive nuisances.

H.

Screening. Any equipment that is not installed underground shall be screened by structures, topography, or vegetation to the maximum extent feasible. Coaxial cables, conduit lines, and electrical boxes for ground-mounted antennas shall be placed underground or within approved structures to the extent feasible.

I.

Public art, flagpoles, artificial natural features. Wireless providers shall be encouraged to design small wireless facilities to serve as public art, flagpoles, or artificial natural features such as trees or rocks where such designs are appropriate and feasible.

J.

Colors and Materials. Unless otherwise required by applicable law, small wireless facilities shall have a non-reflective finish and shall be a neutral color consistent with the predominant background color.

K.

Lighting. Signal lights or illumination shall be prohibited unless required by the FCC or the Federal Aviation Administration.

L.

Signage. The facilities shall not bear any signage, other than certification, warning, information, safety, and directional signage, or other non-commercial signage required by law, or expressly permitted by the City.

M.

Power supply. Any facility occupying a City-owned pole is only permissible to the extent the existing function of the pole is not impeded. In particular, street lights and traffic lights' power supplies may not be used by applicants. When attaching to City-owned poles, applicants are responsible for securing separately metered power for their facilities, and are responsible for any and all costs incurred in modifying a pole to support additional power supplies. In all other cases, applicants are responsible for ensuring that their power supply arrangements with electric utilities do not result in any incremental cost increase to the City.

(Res. No. 11-2020, 5-4-20)