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

11.1.2 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, nor advertise any activity illegal under the laws of Georgia or the United States.

11.1.3 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.

Entrance sign: A sign erected at the entrance to a development or subdivision. May only be single sided.

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.

Planned center: A single office, commercial, or industrial property that is designed or intended for occupancy by two or more principal businesses that are separately owned and have no corporate relationship (e.g., strip shopping mall, office complex, industrial park, etc.).

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, base, lights and every portion of the sign.

Wall sign: A sign that is fastened directly to or is placed or painted directly upon the exterior wall of a building, with the sign face parallel to the wall, and extending from the surface of the wall no more than 24 inches. A sign that is attached at an angle to the wall may extend outward no more than five (5) feet, and requires an administrative variance from the Zoning Administrator.

(Ord. of 7-21-2021(4))

11.2.1 Permits.

A.

Sign review. Prior to issuance of a building permit, sign review approval is needed from the zoning administrator. Zoning review and compliance with this ordinance does not constitute full approval of a sign. Approval from other departments or agencies may be required for a sign to be lawful. (See paragraphs C and D, below.)

B.

Information required. The permit application shall be on forms provided by the community development department, and shall provide the following information, as well as any additional information required by the zoning administrator:

i.

The name and address of the property owner and sign owner, if different;

ii.

The address of the sign, and description of the parcel upon which the sign is located;

iii.

The zoning district of the property containing the sign;

iv.

Site plan showing the location of the sign on the lot, including setbacks and distances to property lines and rights-of-way;

v.

Elevation drawing showing the height and dimensions of sign face, and height of sign structure;

vi.

Square foot area per sign face and the aggregate square foot area if there is more than one sign face; and

vii.

The application must be signed by either the property owner or sign owner.

C.

Building permits and electrical permits. Signs using electrical wiring and connections (i.e., illuminated signs) may require a building permit and electrical permit. The county building official should be contacted regarding such signs. However, issuance of a building permit should not be considered the only approval necessary to erect a sign; approvals from other departments or state agencies may be required. (See paragraph D, below.)

D.

Other permits or approvals. Other county ordinances (e.g., the county development regulations) or state laws and regulations (e.g., MUTCD, DOT regs.) may be applicable to a sign. A party seeking to erect a sign should consult with the state department of transportation (if on state road), and the county engineering department prior to construction of a new sign to ensure that all applicable regulations are observed.

E.

Time for sign permitting. Prior to the erection or installation of any permanent sign, the sign owner or property owner is required to obtain the applicable permit regarding the sign.

11.2.2 Enforcement. The County reserves the right to take legal action to remove signs erected in violation of this Ordinance. Failure to obtain the applicable permit in a timely fashion shall be a violation of this Ordinance.

(Ord. of 7-21-2021(4); Ord. of 11-13-2024(2), § II)

11.3.1 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. See Section 11.1.3 for definitions in addition to general definitions of Article III. A double-sided (double-faced) 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.

11.3.2 Signs permitted in A-1, RE-1, RE-2, R-1, R-2, R-3, R-4, R-6, R-7, and R-8 Zoning Districts.

(A)

Ground Signs: Up to two double-faced signs per lot. No single sign face may exceed 16 square feet. Total maximum area for all sign faces is 32 square feet (e.g., two 16 sf sign faces, or four 8 sf faces, etc.). Height is limited to 5 feet.

(B)

Window Signs: One per dwelling, max 8 square feet area.

(C)

Wall Signs: Not permitted.

(D)

Entrance Signs: Two per subdivision development, maximum area of each sign is 32 square feet. Entrance signs may only be single-sided, unless only one is erected, in which case it can be double-sided. Entrance signs are only permitted at the entrance to a subdivision development. Entrance signs must be setback from the right-of-way a distance of ten (10) feet for safety reasons and cannot block traffic sight lines. Maximum height is 6 feet.

11.3.3 Signs permitted in the C-1, C-N and O/I Zoning Districts, for individual uses.

(A)

Ground Signs: One double-faced sign per lot. No sign face may exceed 100 square feet. Total maximum sign face area is 200 square feet.

If the lot contains a principal building of over 10,000 square feet, no sign face may exceed 200 square feet and total maximum sign face area is 400 square feet.

If the principal building exceeds 100,000 square feet, no sign face may exceed 300 square feet and total maximum sign face area is 600 square feet.

Maximum height for all ground signs is 25 feet in C-N, O/I, and C-1.

(B)

Window Signs: Total signage not to exceed 25% of the area of windows facing road frontage.

(C)

Wall Signs: Up to four signs per lot. Total wall signage not to exceed 200 square feet on all walls (e.g., four 50 sf signs or one 200 sf sign).

If the lot contains a principal building of over 10,000 square feet, the total amount of permissible wall signage increases to 250 square feet.

If the lot contains a principal building of over 100,000 square feet, the total amount increases to 300 square feet. No single wall sign may exceed 250 square feet.

(D)

Entrance Signs: Not permitted.

11.3.4 Signs permitted in O/I, C-1 or C-N Zoning Districts, for Planned Centers.

(A)

Ground Signs: One double-faced sign of up to 200 square feet per face for the entire planned center. Total maximum sign face area is 400 square feet.

If the development contains over 50,000 total square feet, no sign face may exceed 300 square feet. Total maximum sign face area is 600 square feet.

Maximum height for all ground signs is 25 feet in C-N, O/I, and C-1.

(B)

Window Signs: Total signage not to exceed 25% of the area of windows facing road frontage.

(C)

Wall signs: Four signs per business. Total area of all signs is not to exceed 10% of the gross floor area of each business. No single wall sign shall exceed 250 square feet.

(D)

Entrance Signs: Two per planned center, maximum area of each sign is 50 square feet. Entrance signs may only be single-sided, unless only one is erected, in which case it can be double-sided. Entrance signs are only permitted at the entrance to the planned center. Entrance signs must be setback from the right-of-way a distance of ten (10) feet for safety reasons and cannot block traffic sight lines. Maximum height is 10 feet.

11.3.5 Signs permitted in the M-1, I-1, and I-2 Zoning Districts, for individual uses.

(A)

Ground Signs: One double-faced sign of up to 200 square feet per face; maximum total area is 400 square feet. Maximum height is 25 feet.

(B)

Window Signs: Total signage not to exceed 25% of the area of windows facing road frontage.

(C)

Wall Signs: Total signage not to exceed 200 square feet on all walls. If the lot contains a principal building of over 50,000 square feet, the total amount increases to 300 square feet. No single wall sign may exceed 200 square feet.

(D)

Entrance Signs: Not permitted.

11.3.6 Signs permitted in I-1 and I-2 Zoning Districts, for Planned Centers.

(A)

Ground Signs: One double-faced sign of up to 200 square feet per face for the entire planned center. Total maximum sign face area is 400 square feet. Maximum height is 25 feet.

(B)

Window Signs: Total signage per business not to exceed 25% of the area of windows facing road frontage.

(C)

Wall Signs: Total area of all signs is not to exceed 10% of the gross floor area. No more than four signs per business are permitted and no single wall sign shall exceed 250 square feet.

(D)

Entrance Signs: Two per planned center, maximum area of each sign is 50 square feet. Entrance signs may only be single-sided, unless only one is erected, in which case it can be double-sided. Entrance signs are only permitted at the entrance to the planned center. Entrance signs must be setback from the right-of-way a distance of ten (10) feet for safety reasons and cannot block traffic sight lines. Maximum height is 10 feet.

11.3.7 Signs permitted in the PUD Zoning District and PGDD Overlay District. Within the residential portion of any property in the PUD zoning district or PGDD overlay district, the provisions of Section 11.3.2 apply. Within the commercial portion of any property in the PUD zoning district or PGDD overlay district, the provisions of Sections 11.3.3 and 11.3.4 apply with the following exception: any proposed freestanding sign (whether ground or entrance sign) must be monument-style brick or masonry with maximum height of fifteen (15) feet. Within the industrial portion of any property in the PUD zoning district or PGDD overlay district, the provisions of Sections 11.3.5 and 11.3.6 apply.

11.3.8 Signs permitted in the BPD Zoning District.

1.

Ground Signs: One monument-style brick or masonry sign for each individual building in the park. Maximum area of each sign is 60 square feet. Maximum height is 6 feet. The sign may be double-sided. One additional monument-style brick or masonry sign of no more than 60 square feet and six feet in height shall be permitted if the building has more than one access point.

2.

Window Signs: Total signage per business not to exceed 25% of the area of windows facing road frontage.

3.

Wall Signs: Total area of all signs is not to exceed 10% of the gross floor area of the building. No more than four wall signs per business are permitted and no single wall sign shall exceed 250 square feet.

4.

Entrance Signs: Two monument-style brick or masonry entrance signs at each entrance to the business park. Maximum area of each sign is 100 square feet. Entrance signs may only be single-sided, unless only one is erected at an entrance, in which case it can be double-sided. Entrance signs only permitted at the entrance to the planned center. Entrance signs must be setback from the right-of-way a distance equal to their height plus one foot for safety reasons and cannot block traffic sight lines. Maximum height is 10 feet.

(Ord. of 7-21-2021(4); Ord. of 11-13-2024(2), § II)

The following signs are permitted in any zoning district.

11.4.1 Class 1 Temporary Signs. Class 1 temporary signs are signs that may be erected after 1:00 p.m. on any Friday and must be taken down by 8:00 p.m. the following Sunday.

(A)

Class 1 temporary signs may not exceed three feet in height and four square feet per side, and shall not be more than two-sided.

(B)

Class 1 temporary signs must not be placed within five feet of the curb or pavement or within the public right-of-way.

(C)

Class 1 temporary signs erected in violation of this Ordinance may constitute a safety hazard and are subject to being removed without notice and being destroyed. Additionally, if such signs are erected unlawfully, or in improper areas, or beyond the permissible time frame, they are subject to being taken down and destroyed by the County without notice.

(D)

Class 1 temporary signs must meet the construction standards of Section 11.6.

11.4.2 Class 2 Temporary Signs. Class 2 temporary signs are permitted to be erected during any election cycle.

(A)

Class 2 temporary signs shall not exceed five feet in height and thirty-two (32) square feet per side, and shall not be more than two-sided.

(B)

The election cycle is the time period starting 150 days prior to any primary, special election, general election, or run-off, and ending 20 days after the primary, special election, general election, or runoff, is held. Election cycles may overlap. For example, the election cycle for a primary will typically overlap with the election cycle for the general election; if a run-off is then scheduled, it would be extended further. "Election," as used herein, shall refer to Federal elections, Georgia statewide elections, Bartow County elections, or municipal elections for any city in Bartow County.

(C)

Nothing in this section affects the regular sign ordinance provisions; these are extra signs allowed during the election cycle. Any message can be placed on Class 2 temporary signs. There is no limit on the amount of Class 2 temporary signs that can be erected on one lot, as long as they do not pose a traffic hazard nor create a nuisance, and comply with all other provisions of this ordinance (e.g., type, location, construction, etc.).

(D)

Signs erected in the beds of pick-ups are permitted during an election cycle, of not more than thirty-two (32) square feet.

(E)

Class 2 temporary signs erected or left erected before or after the election cycle, as defined above, constitute a public nuisance and may be removed by the County and disposed of without notice.

(F)

Class 2 temporary signs must meet the construction standards of Section 11.6.

11.4.3 Very Small Signs. Very Small Signs are signs of no more than one (1) square foot, and no more than four (4) feet in height. Any number of such signs are permitted in addition to all other signs permitted under this ordinance. However, the area of all such sign faces on a single lot, parcel, residence, development, business or property may not exceed 10 square feet, and such signs may not aggregate to form one message.

11.4.4 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.

11.4.5 Construction Signs. Construction signs are signs that are erected or installed on private property of a site under construction, typically after a land disturbance permit and/or building permit has been issued. A maximum of three (3) such signs may be allowed per lot and each sign may be a maximum of 80 square feet per face (may be double-sided) in area. Construction signs cannot be in the public road right-of-way and cannot conflict with traffic sight visibility, utilities, and/or easements. Construction signs shall be removed prior to issuance of Certificate of Occupancy/Certificate of Completion or the installation of a permanent sign on the lot, whichever occurs first.

(Ord. of 7-21-2021(4); Ord. of 11-13-2024(2), § II)

11.5.1 Location and setback.

(A)

The property owner must give permission for all sign placement on the owner's property. Signs are not permitted in county road right-of-way without permission of the County Road Department Director.

(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 must be setback at least ten (10) feet from the road right-of-way. No portion of a sign or sign structure erected on private property shall encroach on or overhang the public right-of-way or any other person's property. Furthermore, for safety reasons, no sign erected on private property 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. See also Sec. 11.6.3 and 11.6.4. The Engineering Department and Road Department must review and approve placement of signs located within 20 feet of the right-of-way for compliance with the Manual on Uniform Traffic Control Devices, latest edition (MUTCD) and applicable County ordinances.

(D)

No sign on private property can be erected closer than 50 feet to the right-of-way of Interstate Highway 75.

(E)

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

11.5.2 Height Limits. 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. Height limitations apply to both the sign and the sign structure, whichever is the tallest.

11.5.3 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. Where matter is displayed in random manner without organized relationship of elements, such elements shall be considered to be a single sign.

11.5.4 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 cannot be seen directly by any passing motorists nor from adjacent dwellings or businesses.

(B)

Flashing, blinking or otherwise varying illumination is not permitted, except as specified below. No external or internal illumination that causes confusion with or distraction from any traffic signal or safety device shall be permitted. L.E.D. signs, LCD signs, Digital Signs, "TV" type signs, or similar signs with changing images or displaying moving pictures (collectively referred to as "Electronic Variable Message Center (EVMC) signs") are not permitted, except under the special exception in paragraph (F) below.

(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 signs over ten feet in height shall be internally illuminated or illuminated by external lighting fixtures located above the sign area, firing downward, and not visible to passing motorists.

(F)

EVMC sign exception. Limited EVMC signage (as defined in paragraph (B) above) is allowed in the C-1, C-N, I-1, I-2 and BPD district as follows. No more than 70 square feet of any ground sign face area may be used as an EVMC sign. The sign may be two-faced, with 70 square feet of EVMC sign per face. This amount is not in addition to sign face limits, but rather subtracts from the limits. Example: if a C-1 lot is permitted to have a single ground sign with 100 square feet per sign face on a double-sided sign, 70 square feet of the 100 square feet may be converted to EVMC, and the remaining 30 be kept conventional sign, for each side (provided the other requirements herein are obeyed). No more than one ground sign on any lot may contain an EVMC.

(G)

Electronic illumination standards. No EVMC nor other electronic sign may change message more than once per ten (10) seconds. "Motion picture" type images (multiple frames per second) are not permitted. Electronic displays shall be equipped with automatic dimming technology which adjusts the sign's illumination level based on ambient light conditions. The maximum illumination level of an electronic display shall be 0.3 foot candles above ambient light levels, to be measured as follows: at least 30 minutes past sunset, and with the electronic display either turned off, showing all black copy, or blocked, a foot candle meter will be used to record the area ambient light level. An ambient reading will be taken with the meter aimed directly at the electronic display and at the following distance:

To establish the illumination level, the electronic display will be turned on to show all white copy and a second reading taken. The difference between the two readings shall be the electronic sign's illumination level. In no event shall daylight illumination levels exceed 7,500 nits nor nighttime exceed 250 nits.

11.5.5 Calculation of area. The area of a sign is calculated by determining the area of the sign face, and shall be determined by the Zoning Administrator. Signs of unusual shape, design, or supporting elements may have their area 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. Parties seeking to erect an unconventional sign should check with the Zoning Administrator for compliance issues.

11.5.6 Projecting signs. Any sign with an element that would project more than five feet outside the main body of the sign area, in any direction, requires an administrative variance from the Zoning Administrator. A sign that is attached at an angle to the wall may extend outward no more than five feet, and requires an administrative variance from the Zoning Administrator.

(Ord. of 7-21-2021(4))

11.6.1 Official confusion. Signs which contain or are in imitation of an official traffic sign or signal, or can be confused with an official traffic sign, are prohibited.

11.6.2 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.

11.6.3 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.

11.6.4 Traffic visibility and safety. No sign shall obstruct the traffic sight line, or the view of vehicles entering the roadway (i.e., the view of oncoming traffic by vehicles attempting to enter the road, or vice versa). No sign shall be erected on any traffic island. No sign shall create a traffic hazard. Sign locations shall be approved by the Road Department if a safety question is raised by the Zoning Administrator.

11.6.5 Good repair. All signs, together with all their supports, braces, guys, and anchors shall be kept in good repair.

11.6.6 Temporary sign standards. All temporary signs shall be made of waterproof material, and must be attached to an independent mounting device no more than forty (40) inches above ground level. The mounting must be secure to prevent the sign from blowing off the device. The mounting device shall bear the name and phone number of the party responsible for the device.

11.6.7 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.

(Ord. of 7-21-2021(4))

The following types of signs are prohibited, as stated:

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

11.7.2 Rotating signs.

11.7.3 Portable signs (which means signs which are attached to vehicles, trailers, movable structures, or attached to sign structures which are not permanently anchored into the ground, or any sign which may be transported or is designed to be transported). Such signs include, but are not limited to, printed banners or billboards attached to vehicles and trailers. Inflatable figures and objects (e.g., creatures, beer cans) fall into this category.

11.7.4 Swinging or projecting signs, unless an administrative variance is granted by the Zoning Administrator. No such sign can project more than five feet, and in no case shall this type of sign exceed ten square feet in sign area. See Sec. 11.5.6.

11.7.5 Mechanical signs, or signs with moving parts. This includes signs with mechanized or moving elements; "trivision"-type signs; signs with waiving elements, whether motorized or wind-powered; "multiple message signs" as defined in O.C.G.A. § 32-6-71; or similar moving signs. However, signs that do not move or change more than six times per day are permitted.

11.7.6 Signs with flashing or blinking lights. This includes, but is not limited to, signs of varying light intensity, and signs containing exposed neon tubing. Signs with reflective elements that sparkle in the sunlight or that contain luminous paint that glows in the dark are not allowed.

11.7.7 LED and electronic signs. This includes, but is not limited to, signs displaying moving pictures, images or animation; LED (light emitting diode) signs; LCD (liquid crystal display) signs; digital signs; "TV" type signs; EVMC (electronic variable message center) signs; signs that spell words or create images with numerous small lights or other internal illumination; and similar electronic or digital signs. A limited exception to this prohibition is permitted under section 11.5.4 above. Externally illuminated, electronically controlled, segmented sign display elements are not prohibited. Digital billboards (also known as LED billboards) shall not be permitted. Existing Digital billboards existing as of the date of this amendment (July 10, 2019) shall become nonconforming uses.

11.7.8 Courtesy benches, trash cans, and similar devices displaying signs.

11.7.9 Trailer signs (which means signs mounted on trailers, exceeding two square feet).

11.7.10 Sidewalk, A-type, sandwich or curb-type signs placed on sidewalks.

(Ord. of 7-21-2021(4))

11.8.1 Purposes. It is the purpose of Bartow County in enacting Article XI 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. The County finds that especially distracting to drivers are moving signs, digital signs and electronic signs that resemble televisions or computer screens. 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, or to prohibit signs that are too distracting.

Finally, it is the belief of the County that more communication is desirable during the election cycle, so that all citizens may freely express their viewpoints during the election campaigns, and therefore the ordinance allows increased opportunities to erect signs during these periods, without limiting content or favoring content in any fashion. At all times, any sign permitted under this regulation can carry any message, political or non-political, commercial or non-commercial.

11.8.2 Intent. In adopting Article XI, it is the intent of Bartow County to:

(A)

balance the right of individuals to convey their messages through signs and the right of the public to be protected against the unrestricted proliferation of signs; and

(B)

further the objectives of the County's Future Land Use Map and sound planning principles and objectives; and

(C)

protect the public health, safety and welfare; and

(D)

reduce traffic and pedestrian hazards; and

(E)

maintain the historical and cultural heritage and image of the County; and

(F)

protect property values by minimizing the possible adverse effects and visual blight caused by signs; and

(G)

avoid the harmful aspects of the unrestricted proliferation of signs; and

(H)

promote economic development and tourism; and

(I)

protect private property values; and

(J)

ensure the fair and consistent enforcement of sign regulations.

11.8.3 Studies Considered. Having considered the following studies, which the Bartow County Commissioner finds to be relevant, useful and applicable to Bartow County, Georgia, the County finds that the size, location and quantity of sign structures within the County must be regulated in order to achieve the above-stated intents and purposes:

University of Georgia Land Use Clinic (2003, June 26). Sign Control on Rural Corridors: Model Provisions and Guidance.

Wisconsin Department of Transportation (1994, December). Milwaukee County Stadium Variable Message Sign Study: Impacts of an Advertising Variable Message Sign on Freeway Traffic.

Scenic America (2007). Billboards in the Digital Age: Unsafe (and Unsightly) at Any Speed. Scenic America Issue Alert.

Nasar, Jack L. and Hong, Xiaodong (1999, September). Visual Preferences in Urban Signscapes. Journal of Environment and Behavior, 31(5), 671-691.

Office of Safety Research and Development, Federal Highway Administration (2001, September 11). Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction.

U.S. Department of Transportation.; New York State Department of State, Division of Local Government Services (2006, January). Municipal Control of Signs. James A. Coon Local Government Technical Series.

Weinstein, Alan C. A Study of Local Regulation of Outdoor Advertising in 268 U.S. Jurisdictions. Outdoor Advertising Association of America, Inc.

City Club of Portland (1996, September 6). Billboard Regulation in Portland. City Club of Portland Bulletin, 78(13), 1-40.

Smily, Alison and Persaud, Bhagwant, et al (2005). Traffic Safety Evaluations of Video Advertising Signs. Transportation Research Record: Journal of the Transportation Research Board, No. 1937, 105-112.

Such studies, which were considered by the Commissioner prior to adoption of this provision, are part of the official record of the adoption of this Ordinance.

11.8.4 Cases Considered. In adopting these sign regulations, the Bartow County Commissioner especially recognizes the vast number of court decisions, coming from Georgia courts, the federal courts, and courts throughout the United States, which recognize that the regulation of the size, location and quantity of sign structures is a valid and lawful means of achieving the above-stated intents and purposes, and that such intents and purposes are valid and lawful governmental interests, which include the following:

Granite State Outdoor Advertising, Inc. v. Cobb County, Ga., 193 Fed.Appx. 900 (C.A.11 ^th 2006)(finding that the stated goals within a sign ordinance of protecting against traffic hazards and the adverse impact on the county's aesthetic qualities are substantial government interests); Gregory v. Clive, 2007 WL 2914515 (Ga. S.Ct. 2007)(recognizing as within a local government's police power to enact legislation governing billboards and signs, as such legislation clearly addresses the public health, safety, or general welfare of the community); H & H Operations, Inc. v. City of Peachtree City, Ga., 248 Ga. 500 (1981)(holding that, under its police power, a municipality can enact and enforce reasonable regulations governing the erection and maintenance of signs within its jurisdiction); Harnish v. Manatee County, Florida, 783 F.2d 1535 (C.A. 11 ^th 1986)(finding that aesthetics is a substantial governmental goal which is entitled to and should be accorded weighty respect, and that the governmental entity charged with the responsibility of protecting the environment must be given discretion in determining how much protection is necessary and the best method of achieving that protection); Lamar Advertising Company v. City of Douglasville, Ga., 254 F.Supp.2d 1321 (N.D.Ga. 2003)(finding that where a sign ordinance asserts the goals of public safety, traffic safety, health, welfare and aesthetics, a municipality has shown an important or substantial governmental interest unrelated to the suppression of free speech); Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981)(holding that the goals of traffic safety and aesthetics advanced by a municipality as justification for regulating signs is a substantial governmental interest); St. Louis Poster Advertising Co. v. City of St. Louis, 249 U.S. 269 (1919)(finding that billboards may be prohibited in the residential districts of a city in the interest of the safety, morality, health and decency of the community); Members of the City Council of the City of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789 (1984)(finding that a government entity can regulate signs and billboards when necessary to advance a significant and legitimate state interest, such as the protection of the aesthetics and quality of life within its jurisdiction); City of Doraville v. Turner Communications, Corp., 236 Ga. 385 (1976)(finding that under its police power authority, a municipality can regulate the location and maintenance of outdoor advertising signs within their territorial jurisdiction); Spratlin Outdoor Media, Inc. v. City of Douglasville, 2006 WL 826077 (N.D.Ga. 2006)(upholding sign ordinance where the ordinance's height and setback restrictions were rationally related to its stated goals of promoting the health, safety, morality and general welfare of the community, promoting the orderly and beneficial development of the city, promoting adequate access to natural light and air, improving the aesthetic appearance of the city, and encouraging the most appropriate use of land and buildings in accordance with the city's comprehensive plan).

Such cases, which were considered by the Commissioner prior to adoption of this provision, are part of the official record of the adoption of this Ordinance.

(Ord. of 7-21-2021(4))