It is the purpose of Cook County in enacting these regulations to provide standards to safeguard life, public health, property and welfare by regulating the location, size, illumination, erection, maintenance and quality of materials of all signs. More specifically, signs have a powerful impact on the aesthetic environment of the community, and it is the purpose of this Ordinance to encourage an aesthetically attractive environment, allowing sufficient opportunities for communications to serve business, interest groups and the public, while complying with the Federal and State Constitutions and laws. Signs create visual clutter and therefore should be regulated in their size, location, construction and illumination. Signs can detract from the beauty of the neighborhood and lower property values. In seeking to comply with federal and state law, the County has determined the following: large signs are, as the U.S. Supreme Court has recognized, an aesthetic harm; the Georgia Supreme Court has upheld sign regulations on the basis of aesthetics and preserving the beauty of environment; and, the Eleventh Circuit has recognized portable signs are visual clutter and a potential traffic hazard. These holdings show that the County's ordinance is within the law and constitutional, which is a goal of the County. The goal of this Article is to avoid being an impermissible content-based regulation, and instead to be a permissible time, place and manner restriction.

Many signs can also be a hazard and negatively impact traffic safety, by distracting drivers and blocking views of other vehicles and dangers, by making intersections more treacherous, and by making it difficult to see oncoming traffic when entering a roadway. Therefore, it is also the purpose of this Ordinance to prevent those harms by regulating signs to safe locations, safe sizes, with proper and safe illumination and construction.

11.2.1

This article shall apply to all properties within the unincorporated areas of Cook County, Georgia. This article shall not relate to the copy or message on a sign within the unincorporated areas of Cook County.

11.2.2

All signs and sign structures shall be constructed and maintained in conformance with the building and electrical codes adopted by Cook County.

11.2.3

If any provisions or requirements of this article are in conflict with any other provision or requirement of this ordinance or any other applicable governmental law, ordinance, resolution, rule, or other governmental regulation of any kind, the more restrictive rule or standard takes precedence.

11-3.1

Variances from the provisions of this article may be requested. All such variances shall be considered and decided by the Cook County Board of Commissioners in accordance with officially adopted procedures and standards contained in the Cook County Zoning Ordinance, provided that the decision to grant or deny a variance shall be based upon conditions and factors pertaining to the time, place, and manner of the exhibition and construction of a sign, and not the content of the sign's copy.

11-4.1

No sign shall be placed or maintained within the unincorporated area of Cook County except in conformity with this Sign Ordinance.

11-4.2

Notwithstanding any other restrictions in this Sign Ordinance, any sign, display or device allowed under this Ordinance may contain any commercial or non-commercial message, or any political or non-political message; except that such messages cannot depict obscenity, as defined by O.C.G.A. § 16-12-80, nor can they depict sexual conduct or sexually explicit nudity, as defined in O.C.G.A. § 36-60-3.

11-4.3

Height limitations in this Article control over the general height limitations of this Ordinance, and apply to any structure that contains a sign. For example, a church spire or radio antenna with a sign would be subject to the height limitations of this Article, rather than general height limitations.

11.4.4

Definitions: As used in this section, the following words have the following meanings. The general definitions and interpretative rules of the zoning ordinance shall also be used. To the extent those general rules or definitions conflict with these specific definitions, these definitions shall control.

ABANDONED SIGN: A sign and/or sign structure which no longer correctly directs or exhorts any person, or advertises a bona fide business, lessor, owner, product or service.

ANIMATED SIGN: Any sign that all or any part thereof visibly moves or imitates movement in any fashion whatsoever. Any sign that contains or uses for illumination any lights (or lighting devices) that change color, flash or alternate, show movement or motion, or change the appearance of said sign or any part automatically.

AREA OF SIGN (COPY AREA): The area within a continuous perimeter enclosing the limits of writing, representation, emblem, or any figure of similar character together with any frame, or material, open space, or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed.

BANNER: A sign hung either with or without a frame, possessing characters, letters, illustrations, or ornamentation applied to paper, plastic, or fabric of any kind. This definition expressly excludes all fabric signs mounted from one side to a flag pole.

BUILDING SIGN: Any sign attached to any part of a building other than a freestanding sign.

CANOPY: Any permanent roof-like structure, including awnings and marquees, projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather.

CANOPY SIGN: Any sign attached to, or made a part of the front, side, or top of a canopy. These signs are regulated as wall signs.

COPY: The wording or graphics on a sign surface in either permanent or removable form.

CROWN OF THE ROAD: The highest point of a road, usually the center line of a road.

ERECT: To build, construct, attach, hang, place, suspend, paint or affix.

ESTABLISHMENT: A commercial, industrial, institutional, educational, office, business or financial entity.

FLAG: Any fabric sign, regardless of the message conveyed, mounted to a flag pole on one side only.

FLASHING SIGN: (See Animated Sign).

FREESTANDING SIGN: Any sign which is independent from any building or other structure and is entirely supported by a single or multiple pedestals that are permanently attached at or below ground level.

FRONTAGE, BUILDING: The length of an outside building wall facing a street.

FRONTAGE, STREET: The length of the property line of any one parcel along a street on which it borders.

GROUND SIGN: A sign that is anchored to the ground and is wholly independent of a building for support. Freestanding signs are included in this definition, as are signs on poles, frames, or other mounting structures other than buildings.

ILLUMINATED SIGN: A sign which contains an internal source of light or which is designed or arranged to reflect light from an artificial source.

MANSARD SIGN: Any sign attached to or erected within 12 inches of an actual or simulated mansard of a building, with the sign face parallel to and within the limits of the building, but not exceeding the roof line, and not deemed to be a roof sign. These signs are regulated as wall signs.

MONIPOLE SIGN or UNIPOLE SIGN: A freestanding sign that is erected on a single pedestal attached to the ground for the display of messages irrespective of the number of faces or the configuration of the faces.

MONUMENT SIGN: A permanent sign, other than a freestanding pole sign, placed upon or supported by the ground independent of any other structure and constructed of stone, concrete, masonry, stucco or equal architectural material. These signs are regulated as ground signs.

MOVING SIGN: (See Animated Sign).

PAINTED WALL SIGN: Any sign that is applied with paint or similar substance on the face of a wall.

PARCEL (LOT)-(BUSINESS LOT): Any standard lot or parcel of land, the boundaries of which have been established by a recorded legal instrument and is recognized and intended as a unit for the purpose of transfer of ownership, with said parcel being duly recorded with the Clerk of Superior Court, Cook County. Those parcels recorded after March 5, 2001 must be a legal lot of record; if recorded after May 1, 2005, those parcels must be a legal lot of record and must have the Building/Zoning Administrator's Seal attached.

PERMANENT SIGN: A sign permanently affixed to a building or the ground.

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

PORTABLE SIGN: Any sign supported by its own frame or trailer, with or without wheels, that is designed to move from one place to another.

PRINCIPAL BUILDING: The building with the principal use of the parcel on which it is located. Parcels with multiple principal uses may have multiple principal buildings. However, storage buildings, garages, and other clearly accessory are not considered principal buildings.

PROJECTING SIGN: Any sign affixed to a building or wall, which horizontally extends more than twelve inches beyond the surface of a building or wall.

RESIDENTIAL DISTRICT: Includes all land R-R, R-1, and R-1A.

REVOLVING SIGN: (See Animated Sign).

ROOF SIGN: Any sign erected, constructed, and maintained upon or over the roof of any building and projecting above the roof line.

ROOF SIGN (INTREGRAL): Any sign erected or constructed as an integral part of a normal roof structure of any design. No part of the sign can extend vertically above the highest portion of the roof and no part of the sign can be separated from the rest of the roof by a space of more than six inches.

SETBACK: The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.

SIDEWALK, SANDWICH OR A-FRAME SIGN: A sign which is normally in the shape of an "A" of some variation, which is usually two sided.

SIGN: Any display of words, shapes or images designed to convey a message to the viewer, located on the exterior of any dwelling, building or structure, or located anywhere on a lot upon a dedicated supporting structure or device, including poles, banners, windows and similar devices.

SIGN FACE: The actual message-carrying portion of the sign that can be used to display content, including any area that can display or does display words, pictures or other communicative elements of the sign, including the background color.

SIGN STRUCTURE: This includes all the elements of the sign, including its supporting structure, sign face, base, lights and every portion of the sign.

STREET: Any public or private right-of-way for automobile use. This excludes alleyways, parking lots and driveways.

STREET FRONTAGE: The width in linear feet of a lot or parcel where it abuts the right-of-way of any public street.

UNDER CANOPY SIGN: A sign that is suspended from the underside of a canopy (in awnings and marquees) is perpendicular to the wall surface of a building, and whose copy is not clearly visible from the public right-of-way.

WALL FACE: A measurement of area equal to the height of the structure from the ground to the coping or eave of the roof multiplied by the width of the wall associated with the individual business. The wall face is to be measured for each wall independently.

WALL SIGN: A sign that is fastened directly to or is placed or painted directly upon the exterior wall of a building

WINDOW SIGN: A sign having its message visible from the exterior of a building that is either located within a building so as to be visible through a window, or affixed directly to the window either inside or outside the building.

11-5.1

If not otherwise stated, any sign not specifically permitted in a zoning district as provided under this section shall be prohibited. These regulations apply to signs located on any lot or development.

11-5.2

Standard Permitted Signs. The following signs are permitted in the following zoning districts. A double-sided sign is counted as one sign, but each face counts towards the maximum area permitted. Height is measured from grade to the highest portion of the sign structure. Area is calculated as shown in Sec. 4.5.

11-5.3

Interstate 75 Corridor. Any sign located in a WLI, Wholesale Light Industrial or HI, Heavy Industrial Zoning District; and within 660 ft. of the nearest edge of the right-of-way of Interstate 75, the following requirements apply:

a)

The maximum allowed sign face is 672 sq. ft. per direction, per face up to 35 feet. A sign height of up to 75 feet is allowed for signs up to 200 sq. ft. per direction, per face. No sign may be erected within 1000 feet of any other ground sign on the same side of the road, whether such sign is on the same lot or another lot.

b)

Distances between signs are measured from the closest points of the signs at issue, whether that is the sign base or a portion of the sign structure.

c)

It is the intent of this section to allow more signage along certain higher traffic corridors, while at the same time protecting the appearance of Cook County and serving the purposes enumerated in greater detail in Section 11.1. Whenever the distance requirements of this section would, if applied strictly, result in denying a person all opportunity for additional signage allowed under this section, because of the existence of a sign or signs on the property of another person or entity, a variance may be issued, subject to the procedure provided in the Zoning Ordinance, that both serves the interests of the County in adopting this sign ordinance, and also affords to such person reasonable additional signage. However, no variance shall be granted where the hardship is the result of the property owner or his predecessor-in-title's subdivision of the property.

11-5.4

Highway Signs. In addition to the signs permitted elsewhere in this Ordinance, in the WLI and H-I Zoning Districts, the following additional permitted signs are allowed:

a)

One additional ground sign of not more than 300 square feet per face, and not more than 35 feet in height, and not more than two-faced, may be erected on any lot that has road frontage on any U.S. Highway (e.g. 41), or any Georgia Highway (e.g. 7, 37, 76) Such sign must be erected within 50 feet of the right-of-way of said highway. No sign of more than 250 square feet erected under this section may be erected within 2,000 feet of any other ground sign exceeding 250 square feet, whether such sign is on the same lot or another lot. No sign of less than 250 square feet erected under this section may be erected within 500 feet of any other ground sign exceeding 100 square feet, whether such sign is on the same lot or another lot.

b)

Distances between signs are measured from the closest points of the signs at issue, whether that is the sign base or a portion of the sign structure.

c)

No sign erected under this section may be "double stacked"; that is, have two separate signs one higher than the other, both facing the same direction. Double stacked signs are permitted under other provisions of this Article.

d)

It is the intent of this section to allow more signage along certain higher traffic corridors, while at the same time protecting the appearance of Cook County and serving the purposes enumerated in greater detail in Section 11.1. Whenever the distance requirements of this section would, if applied strictly, result in denying a person all opportunity for additional signage allowed under this section, because of the existence of a sign or signs on the property of another person or entity, a variance may be issued, subject to the procedure provided in the Zoning Ordinance, that both serves the interests of the County in adopting this sign ordinance, and also affords to such person reasonable additional signage. However, no variance shall be granted where the hardship is the result of the property owner or his predecessor-in-title's subdivision of the property.

11-5.5

Minor Signs. Any number of minor signs is permitted in addition to all other signs permitted under this ordinance. In residential and agriculturally zoned areas, these signs must be no more than one (1) sq. ft. in area, and no more than four feet in height. In GB, WLI, and HI zoned areas, these signs must be no more than four (4) sq. ft. in area, and no more than four feet in height. However, the area of all such sign faces on a single lot, parcel, residence, development, business or property may not exceed 10 square feet in residential and agriculturally zoned areas; and 20 square feet in general business, wholesale light industrial, or heavy industrial zoned areas.

11-5.6

Internal Signs. Any sign not visible from the outside of a structure or to passing members of the public is not restricted or regulated by this Article.

11-5.7

Outdoor Facility Signs. Any sign that is located at an outdoor event facility that is open to the general public; such as a ball field, race track, or amphitheater, and is mounted on the internal-facing walls of the facility is excluded from the maximum number and square footage restriction. These signs must however still conform to the maximum height or other restrictions applicable to the property under this article, even if such sign is visible from public right-of-ways outside of the facility, so long as the sign faces inward toward the facility and any external visibility is incidental to the sign's location.

11-6.1

Location, Height, and Setback.

a)

The property owner must give permission for all sign placement on the owner's property, through the issuance of a letter signed by the owner.

b)

All signs must comply with all side and rear setbacks of the underlying zoning ordinance.

c)

Signs can be located in front setback areas, but all signs and sign structures, except as noted below, must be setback at least ten feet from the public right-of-way. No portion of a sign or sign structure shall encroach on or overhang the public right-of-way or any other person's property. Furthermore, for safety reasons, no sign shall be located closer than 10 feet from the back of the curb of a public roadway, or if there is no curb, from the edge of the pavement.

d)

No sign can be erected closer than 10 feet to the right-of-way of Interstate Highway 75.

e)

Distances are measured from the closest portion of the sign (whether that is the base, sign face, or the sign structure) to the right-of-way, curb or pavement.

f)

The height requirements of a sign shall be computed as the length of a straight vertical line from normal grade to the height of the highest attached component of the sign or sign structure. When the sign is constructed within 15 feet of a right-of-way, the normal grade shall be considered the elevation of the crown of the road. When a sign is constructed 15 or more feet from any right-of-way, normal grade shall be considered the lower of (1) existing grade of the site of the sign prior to construction of the sign or (2) the newly established grade at the base of the sign after construction, exclusive of any filling, beaming, mounding or excavating solely for the purpose of locating the sign. Refer to the Table of Standard Permitted Signs for specific height limits and requirements.

11-6.2

Number. For the purpose of determining the number of signs, ground signs shall be equal to the number of sign structures. All other non-ground signs shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit.

11-6.3

Illumination.

(A)

Ground signs cannot be internally illuminated in any residential or agricultural zoning district. All signs may be externally illuminated. External illumination of any sign in any district shall be positioned and shielded so that the light source does not shine directly into the path of motorists on a public right-of-way or into the windows of adjacent dwellings or businesses without the permission of the owner and resident thereof. Signs located in residential districts shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m.

(B)

Flashing, blinking or otherwise varying illumination is not permitted. No external or internal illumination that causes confusion with or distraction from any traffic signal or safety device shall be permitted.

(C)

All externally illuminated signs shall utilize low wattage luminaries, mounted in fixtures designed to direct the light and eliminate light trespass, such as light shining into residences or other neighboring structures.

(D)

All internally illuminated signs shall utilize low wattage luminaries designed to reduce light glow.

(E)

All illuminated signs over ten feet in height shall either be internally illuminated or illuminated by external lighting fixtures not visible to passing motorists.

11-6.5

Calculation of Area. The area of a sign is calculated by determining the area of the smallest square or rectangle which encloses the sign face and the structure surrounding the sign face. For example, the pole or base would not be included, but any frame holding the sign face in place would be counted. See examples:

Examples of Sign Face Area Measurements

11-6.6

Unusual Shaped Signs. Unusual shaped sign are signs that are any shape other than a square or rectangle, and include signs with projecting elements or features, round, oval, and triangular signs, signs with more than four sides, signs in the shape of an animal, object, or device, and so forth. For all such signs, the area is calculated by calculating the area of the smallest rectangle that will completely enclose all elements of the sign face and sign structure supporting the face, not including the base, OR ANY OPEN SPACE.

11-6.7

Sign Support Structures. Signs 300 sq. ft. per face or larger must be constructed with a monopole-type support system.

11-7.1

Engineering Approval. All signs in excess of 15 feet in height should be constructed according to plans approved by a Georgia registered professional engineer. The sign owner shall produce such approved plans at the request of Cook County Building Official.

11-7.2

Official Confusion. Signs which contain or are in imitation of an official traffic sign or signal are prohibited.

11-7.3

Fire Safety. No sign or sign structure may be erected or maintained which obstructs any fire escape, ventilation, or door; nor shall any sign or sign structure be attached to a fire escape.

11-7.4

Corner Visibility. No sign or sign structure above a height of three feet shall be maintained within 15 feet of the intersection of the right-of-way lines of two streets, or of a street intersection with a railroad right-of-way.

11-7.5

Traffic Visibility. No sign shall obstruct the view of vehicles entering the roadway (i.e., the view of oncoming traffic by vehicles attempting to enter the road).

11-7.6

Good Repair. All signs, together with all their supports, braces, guys, and anchors shall be kept in good repair. Any structure formally used as a sign, but not in use for any other purpose, must be removed by the owner of the property within ten (10) days after written notification from a designated official of Cook County or thirty (30) days after its use as a valid sign has ceased, after which time, the County may cause the removal of the sign at the owner's expense. (See Cook County Nuisance Ordinance § 3-6-7 Abatement by County - § 3-6-10 Payment of Costs.)

11-7.7

Removal of Unsafe Signs and Safety Hazards. The County may remove a sign in violation of this Ordinance, without giving notice to any party, if said sign is upon the public right-of-way or upon other public property; or said sign poses an immediate safety threat to the life or health of any members of the public.

The following types of signs are prohibited:

11-8.1

Roof Signs (which means signs mounted above a roof or projecting above the roof-line of a structure).

11-8.2

Rotating signs.

11-8.3

Signs with more than two sides.

11-8.4

Changing copy, moving signs, or signs with moving parts. This includes animated signs involving motion or sound; fluttering ribbons; "trivision"-type signs; signs displaying moving pictures or images; LED signs or EVMC signs with content that changes more than once daily; signs with moving words; signs with waiving elements, whether motorized or wind-powered; or similar moving signs. This regulation shall not be construed to prohibit flags, which are regulated as other non-moving signs.

11.8.5

Flashing, blinking or signs of varying light intensity. Signs with reflective elements that sparkle in the sunlight or that contain luminous paint that glows in the dark are not allowed, including signs that spell words or create images with numerous small lights or other illumination.

11-8.6

A-frame, sandwich type, sidewalk or curb signs.

11-8.7

Swinging or projecting signs.

11-8.8

Portable signs (mobile, trailer).

11-9.1

Sign Registration and Building Permits.

a)

Except as specifically exempted from the provisions of this article, a person or firm may not legally maintain, post, display, enlarge, erect, move, or substantially change a sign that is larger than four (4) square feet, without first obtaining a permit from the Zoning Administrator or his/ her designee. Signs using electrical wiring and connections (i.e. illuminated signs), as well as larger signs, may require additional permits under the Cook County Building Code or Zoning Ordinance, and the Cook County Building Official should be contacted regarding such signs.

b)

All parties are advised to consult with the Zoning Administrator to avoid erecting signs that violate this ordinance. No person shall obtain a vested right to maintain a sign that does not comply with this ordinance at the time it is erected. Signs erected in violation of this ordinance shall be removed or reconstructed in compliance with this ordinance.

c)

Permit applications for conforming signs shall be filed by the sign owner or his/ her agent with the zoning administrator or his/ her designee upon forms furnished by the County. Flags flown in a manner consistent with the Table of Standard Permitted Signs are excluded from the permit requirement.

1.

Applications shall contain the following:

(i)

The type of the sign as defined in this ordinance.

(ii)

The value of the sign.

(iii)

The street address and zoning designation of the property where the sign is to be located.

(iv)

A site plan drawn to scale, that shows the location of the sign on the lot, including indicating setbacks from property lines and rights-of-way.

(v)

The square foot area per sign and the aggregate square foot area if there is more than one sign face.

(vi)

The name(s) and address(s) of the owner(s) of the real property upon which the sign is to be located, along with written consent of said owner(s).

(vii)

Engineered construction plans for signs exceeding 15 feet in height, showing they are approved by a registered Georgia professional engineer.

(viii)

Name, address, phone number and business license number of the sign contractor.

2.

Fees. No permit shall be issued until the appropriate application, has been filed with the zoning administrator or his/ her designee and permit fees have been paid as adopted by the Board of Commissioners and as amended from time to time.

3.

The zoning administrator or his/ her designee shall grant a permit upon receipt of a completed application if the proposed sign meets the requirements of this article.

4.

Permit expiration. A permit shall become null and avoid if construction of the sign has not begun within six (6) months from the date of issuance. Issuance of a permit shall in no way prevent the county from later declaring the sign to be nonconforming or unlawful if, with further review of available information, the sign is found not to comply with the requirements of the ordinance applicable at the time that the complete permit application was filed.

5.

A violation of any provisions of this article will be grounds for termination a permit granted by the county for the erection of a sign. Should it be determined that a permit was issued pursuant to an incomplete application or an application containing a false material statement, or that a permit has been erroneously issued in violation of this article, the zoning administrator or his/ her designee shall revoke the permit.

No information shall be required regarding the content of the sign. Any person failing to obtain a permit prior to construction shall be subject to citation and, upon conviction, shall be punished in accordance with the enforcement provisions of the Cook County Zoning Ordinance and applicable law.

Signs existing legally at the time of the adoption or amendment of this ordinance, but which do not conform to newly adopted or amended provisions of this ordinance solely because of a change in the ordinance, and not because of a change to the sign, may remain as legal non-conforming signs, subject to the following provisions:

a)

There must be existing property rights in the sign;

b)

The right to continue a non-conforming sign is confined to the sign owner or his transferee;

c)

A non-conforming sign may be restored to its original condition provided that not more than 50% of the sign is destroyed. The 50% is to be determined by 50% of the value of the materials of the sign, inclusive of poles and other structural members, immediately prior to damage;

d)

A non-conforming sign when relocated or moved shall no longer be considered a non-conforming sign and thereafter shall be subject to all the provisions of law and of these Rules relating to outdoor advertising;

e)

The sign must remain substantially the same as it was on the effective date of the adoption of this ordinance which rendered the sign non-conforming. Extension, enlargement, replacement, rebuilding, adding lights to a non-illuminated sign or re-erection of the sign will be considered a change in the existing use. The maintenance will be limited to:

1)

replacement of nuts and bolts;

2)

additional nailing, riveting or welding;

3)

cleaning and painting;

4)

manipulate to level or plumb the device, but not to the extent of adding guys or struts for stabilization of the sign structure;

5)

a change of the message, including changing faces, as long as similar materials are used and the sign face is not enlarged.

f)

At no time may changes be made in a non-conforming sign which would increase the value of the sign;

g)

A non-conforming sign may continue as long as it is not abandoned, destroyed, discontinued, or purchased by any governmental agency. Any sign suffering damage in excess of normal wear cannot be repaired without:

1)

notifying the zoning administrator in writing of the extent of the damage, the reason the damage is in excess of normal wear, and providing a description of the repair work to be undertaken, including the value of the sign materials and the cost of the repair; and,

2)

receiving written notice from the zoning administrator authorizing the repair work as described above. If said repair is authorized by the terms of this ordinance, the zoning administrator shall mail such notice to the applicant within 30 days of receipt of the information described in (I) above.