This article shall be known and may be cited as the "Sign Ordinance of the City of Blue Ridge."

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

The mayor and city council find that adoption of sign regulations serves the following purposes:

(1)

The public health, safety and general welfare of the city is enhanced by ensuring the prohibition and removal of dangerous and unsafe signs.

(2)

Pedestrian and motorist safety is promoted by reducing and limiting the number and area of signs, which can unduly distract motorists and pedestrians, create traffic hazards, confuse motorists when such signs are similar to traffic signs, and reduce the effectiveness of signs needed to direct the public.

(3)

This article is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with its surroundings. The appearance, character and quality of the city are affected by the location, size, construction and graphic design of its signs.

(4)

The mayor and council find that development in the CBD, the central business zoning district, is unique from other areas of the city due to: its history, architecture, cultural heritage and integrity; its substantial contribution to the economic vitality of the city; the compactness of buildings and businesses in the districts; the geometry of public road intersections; and the special mixture of pedestrian and slower speed vehicular traffic.

(5)

The economic well-being of the city is enhanced by allowing individual businesses to identify themselves and the goods and services offered in a clear and distinctive manner, by creating a more attractive district to tourists, and by preserving and improving the appearance of the historic downtown and surrounding area, thereby ensuring that signs are properly integrated with and harmonious to the buildings and sites in the historic downtown.

(6)

The purpose of the city's elimination of mobile signs and limitation on billboards is to promote the safe movement of vehicular traffic, to reduce vehicular traffic, to reduce air pollution, and to improve the aesthetic appearance of the city.

(b)

By enacting this chapter, the city intends:

(1)

To balance the rights of individuals, businesses, and government to convey their messages through signs and the right of the public to be protected against the unrestricted proliferation of signs;

(2)

To afford the business community equal and fair opportunity to advertise and promote its products and services without discrimination;

(3)

To preserve and promote the public health, safety, and welfare of the citizens of the city;

(4)

To improve traffic and pedestrian safety;

(5)

To maintain and enhance the visual environment, and preserve the right of citizens and visitors to enjoy the city's scenic beauty;

(6)

To protect property values of nearby public and private property by minimizing possible adverse effects and visual blight caused by signs;

(7)

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

(8)

To promote economic development;

(9)

To enable the fair and consistent enforcement of sign regulations; and

(10)

To promote the purposes stated in this article by regulating signs based on objective standards, including, but not limited to, height and size, and without regard to the content of the sign message.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A-frame sign means any portable sign or structure composed of up to two sign faces mounted or attached back to back in such a manner as to form a triangular vertical cross section through the faces.

Abandoned sign means any sign that contains or exhibits broken panels, visible rust, visible rot, damaged support structures, or missing letters or which is otherwise dilapidated, unsightly, or unkempt, and for which no person accepts maintenance responsibility.

Alterations means change or rearrangement in the structural parts or its design, whether by extending on a side, by increasing in area or height, or in moving from one location or position to another.

Area of sign means the entire area including any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure, or character. The area of the sign having no perimeter or border shall be computed by enclosing the entire area within a parallelogram, circle, or triangle of the smallest size sufficient to cover the entire area of the sign and computing the area of the parallelogram, circle or triangle.

Awning means a cloth, plastic, or other nonstructural covering that either is permanently attached to a building or can be raised or retracted to a position against the building when not in use.

Banner means a sign, other than a flag, with or without characters, letters, illustrations or ornamentation applied to cloth, paper, or fabric that is intended to be hung without a frame. Neither flags nor canopy signs are considered banners.

Building means any enclosed or open structure that is a combination of materials to form a construction for occupancy and/or use for human or animal habitation and is permanently affixed to the land, including manufactured homes.

Building face or wall means all window and wall area of building in one plane or elevation.

Canopy means a structure constructed of fabric or other material other than an awning placed so as to extend outward from a building providing a protective shield for doors, windows, and other openings, supported by the building or supports extended to the ground directly under the canopy or cantilevered from the building.

Central Business District (CBD) means the city's zoning district, central business district (CBD), as established in the zoning ordinance of the city, as amended, and as such boundaries are established on the official zoning map, as may be amended from time to time.

Changeable copy sign means any sign that incorporates changing lights, lettering, or images to form a sign message, whether such changes are accomplished electronically or manually.

Developed lot means any lot on which a building is located. The building must be occupied or in such a physical condition that it is capable of being occupied.

Freestanding sign means a sign which is supported by one or more uprights or braces which are fastened to, or embedded in the ground or a foundation on the ground. A permanently affixed sign which is wholly independent of a building for support.

Grandfathered sign means the same as definition of the term "nonconforming."

Hanging sign means a sign that is suspended parallel, or perpendicular from a building, wall, roof, facade, canopy, marquee, or porch by means of brackets, hooks or chains and the like.

Height of sign means the vertical distance measured from the normal grade at the base of the sign to the highest point of the sign, including the air space between the ground and the sign.

Inflatable sign means a sign that holds its shape by receiving a one-time or continuous supply of air or other gas. Inflatable signs include balloons.

Mobile sign means a sign on any vehicle or wheeled conveyance which carries, conveys, pulls, or transports any sign or billboard for the primary purpose of displaying commercial and/or noncommercial messages.

Monument/ground sign means a sign supported entirely by a base structure.

Neon sign means luminous-tube signs that contain neon or other inert gases at a low pressure.

Nonconforming signs (also known as a grandfathered sign) means any sign which was lawfully erected and maintained prior to such time as it became illegal under this article.

Portable sign means a sign which is not intended to be anchored or secured to a building or to the ground.

Projecting sign means a sign attached to and projecting from the wall or overhang of a building that has a plane that is at a 90-degree angle from the wall.

Public property means any property owned by a governmental entity.

Rope lighting means lighting made up of tiny lights, usually incandescent bulbs or light emitting diodes (LEDs), which are spaced about an inch apart and covered in heavy-duty plastic tubing.

Sign means any structure, display or device containing an advertising message, announcement, declaration, demonstration, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement, or promotion of the interest of any person, entity, product, or service. The definition of sign shall also include the sign structure, supports, lighting system, and any attachments, ornaments or other features used to draw the attention of observers.

Sign, internally lit, means any sign lighted by a source which is inside of or behind an enclosed sign or sign face made of translucent material.

Signage plan means a plan designed to show the relationship of signs for any cluster of buildings or any single building housing a number of users or in any arrangement of buildings or shops which constitute a visual entity as a whole.

Structure means the supports, uprights, bracing, guy rods, cables, and framework of a sign or outdoor display.

Wall skin means a sign with messages or copy erected parallel to and attached to or painted on the outside wall of a building or mansard

Window sign means a sign adjacent to or installed upon a window for the purpose of being viewed from outside of the premises. Signage that is located inside the building within three feet of the window that is intended to be viewed from the outside is considered a window sign for purposes of this chapter.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

Applicability. This article shall apply to all properties within the corporate limits of the city. The requirements of this article shall apply to all signs that are or intended to be viewed from a street, public right-of-way, adjacent property, property in public ownership, or any outdoor space. No sign shall be placed or maintained on any property, building or other structure within the city except in conformity with this article.

(b)

Interpretation and enforcement. The zoning administrator shall be responsible for the interpretation of the provisions of this article and for enforcement of this article. A violation of this article is a misdemeanor and shall be enforced in the same manner as violations of the zoning ordinance.

(c)

Construction standards. All signs permitted under this article shall be constructed and maintained in accordance with the applicable building codes.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

Purpose. The purpose of this section is to provide a timely and standardized mechanism for reviewing applications for sign permits to ensure signs within the city comply with the objective standards of this article, including, but not limited to, the height and size provisions.

(b)

Authority. The zoning administrator is authorized to review and approve or disapprove an application for a sign permit pursuant to the procedures of this section and the standards of this article.

(c)

Applicability. No sign, except those specified in this article, shall be erected, placed, reconstructed or structurally altered without the sign owner having first obtained a sign permit from the Planning and Zoning Department pursuant to the procedures in this section and the standards of this article.

(d)

Procedure. The following procedure shall govern the application for, and the issuance of, all sign permits under this article. Application for a sign permit shall be made on the form provided by the zoning administrator as required by the city. An application will only be deemed as complete when all required information and accompanying documents are received.

(e)

Action by the zoning administrator.

(1)

Within seven calendar days of submission of an application, the zoning administrator shall inform the applicant in writing, via email or mail, of any information or documents necessary for completion of an application. Until such time as the application is complete, the city will not consider the application properly filed.

(2)

Within 25 calendar days after the application is determined complete, the zoning administrator shall review the application in accordance with this section and determine whether the application complies with the standards in this article.

a.

Approval. If the zoning administrator finds that the application complies with the standards of this article, the zoning administrator will issue the sign permit. Sign applications for which no action has been taken after 25 calendar days after the application is complete shall be deemed approved.

b.

Fails to comply. If the zoning administrator determines the application fails to comply with the standards of this article, the applicant shall be provided a written notification via email or mail, with an explanation of why the application has been denied. If the applicant resubmits the application within 60 calendar days of the written notification of denial, the resubmitted application will require payment of the review fee. The time for resubmission may be extended an additional 30 calendar days for good cause, if requested of the zoning administrator prior to the original deadline for re-submittal.

c.

Re-submittal. A revised application shall be resubmitted to the zoning administrator and reviewed in the same manner as an original application.

d.

Criteria. A sign permit shall be approved upon a finding that the applicant has demonstrated that the application complies with the standards of this article.

e.

Expiration. A sign permit shall become null and void if the sign for which the permit was issued has not been installed and completed within 60 calendar days after the date of issuance; provided, however, that when an applicant can demonstrate that a commercial entity was timely engaged to construct the permitted sign, but the fabrication has not yet been completed, the zoning administrator may grant one 30-calendar day extension. No refunds will be made for permit fees paid for permits that expired due to failure to erect a permitted sign. If, later, an individual desires to erect a sign at the same location, a new application must be submitted and another fee paid in accordance with the fee schedule applicable at such time.

(f)

Amendments. A sign permit may be amended, extended, or modified only in accordance with the procedures established for its original approval.

(g)

Maintenance of permit. The owner or lessee of a lot containing signs requiring a permit under this article shall, at all times, maintain in force a sign permit for such property. Sign permits shall be issued to the owner of a sign for each individual sign and are not transferable.

(h)

Vested rights. No person applying for a sign permit or erecting a sign under this article shall acquire any vested rights to continue maintenance of such signs.

(i)

Non-transferability. Sign permits issued pursuant to this article are not transferable.

(j)

Appeals. See Article XXII of this chapter.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

The following signs are exempted from the permit requirements of this article; however, exemption from the permit requirement does not relieve a sign owner from compliance with the remaining provisions of this article:

(a)

Any sign or banner erected and maintained by a governmental entity.

(b)

Official notices or advertisements posted or displayed by or under the direction of any public official or court officer in the performance of official or court-directed duties or by trustees under deeds of trust, deeds of assignment, or other similar instruments.

(c)

Directional signs measuring less than two and one-half square feet along private streets and driveways, and in off-street parking areas. Notices of any railroad, bridge or other transportation or transmission company necessary for the direction or safety of the general public.

(d)

Drive-thru menu sign accessory panel exchanges.

(e)

Signs erected more than two feet inside a building.

(f)

Historic signs.

(g)

Any sign that is not visible from a street, adjacent property, outdoor space, public right-of-way or other public property, including any sign that is placed within a business, office, or other enclosed area.

(h)

Building, suite, apartment and/or house numbers and letters used for the address identification of premises.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

The following signs or devices are prohibited in all zoning districts:

(1)

Signs creating traffic hazards. No sign shall be erected at or near any public street or the intersection of any streets in such a manner as to create a traffic hazard by obstructing vision or at any location where it would interfere with, obstruct the view of, or be confused with any authorized traffic sign.

(2)

Hazardous signs. No sign shall be erected or maintained which, due to structural weakness, design defect, or other reason, constitutes a threat to the health, safety and welfare of any person or property.

(3)

Signs resembling traffic signals or signs. No sign shall be constructed, erected or maintained which purports to be or resembles an official traffic sign or signal except those signs officially authorized by the city or other governmental entities.

(4)

Flashing signs or lights. Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source.

(5)

Rope lights. In nonresidential zoning districts, rope lights may not be used on the exterior of a structure or anywhere on the property other than use upon stairways for illumination purposes. An occupant may use rope light in the interior of a building, as long as the rope lights are more than three feet from the windows and are not intended to be viewed from outside.

(6)

Electronic message signs. A sign which changes copy electronically using switches and electric lamps, or any other electronic means, or which flashes, blinks or scrolls. This prohibition includes, but is not limited to, fiber optics, neon and light-emitting diodes (LED), unless otherwise provided for herein.

(7)

Signs with dynamic display. Signs that appear to have movement or appear to change, caused by any method other than physically removing and replacing the sign or its components, including, but not limited to, electronic messaging signs, except as provided herein.

(8)

Roof signs.

(9)

Animated signs. A rotating or revolving sign, or signs where all or a portion of the signs move in some manner are prohibited.

(10)

Wind signs. Any propeller, whirling, or similar device which is designed to flutter, rotate, or display other movement under the influence of the wind. This shall include pendants and streamers.

(11)

Bench signs. Any outdoor bench or furniture with signage.

(12)

Off premises sign. A sign advertising a business, person, activity, goods, products, or services not located on the site where the sign is installed, or that directs persons to any location not on that site is prohibited unless allowed as a billboard.

(13)

Pole signs. Pole signs shall only be allowed in areas zoned C-2 with frontage adjacent to Georgia Route 515 and Blue Ridge Drive.

(14)

Video signs. Animated visual messages which are projected on-screen.

(15)

Outdoor displays. Outdoor display of merchandise is considered advertisement and is permitted only on the property in which the owner of the merchandise has a property interest.

(16)

Signs on trees, utility poles, or telecommunication towers.

(17)

Signs in the right-of-way and public sidewalk. Signs in a public right-of-way or public sidewalk, other than those belonging to a government or public service agency, except certain A-frame signs as provided for herein.

(18)

Reader boards.

(19)

Inflatable signs.

(20)

Abandoned or defective signs.

(21)

Neon signs.

(22)

Banners, except as permitted in temporary events.

(23)

All signs located on or over public property or right-of-way, except those installed by government authorities.

(24)

Signs not otherwise allowed by this article.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

Temporary signs shall comply with the following restrictions and conditions:

(1)

Real estate signs. One non-illuminated real estate sign per street frontage that meets the following requirements is permitted as follows: Maximum sign area shall be limited to four square feet with a maximum height of eight feet. Multiple listing strips, sale pending and sold signs may be allowed when attached to a real estate sign and are subject to the same maximum area and maximum height requirements. One on-premises open house or open for inspection sign, not exceeding four square feet in area with a maximum height of eight feet, may be allowed in addition to the above requirements of this subsection. All real estate signs shall be removed within 30 days after ownership or occupancy has changed.

(2)

Yard sale signs. Signs for temporary yard sales, estate sales, and the like, located in residential districts and subject to the following provisions are permitted: Requires registration with the city. There shall be no more than one sign per parcel of property. The sign shall require permission of the property owner on whose property they are erected. The maximum area of the sign shall be two square feet. Signs are permitted to be posted from 3:00 p.m. on the Thursday before the event to 7:00 a.m. on the Monday following the event.

(3)

Temporary signs shall not be illuminated.

(4)

Special event signs. Temporary special event signs are allowed to be erected in the city whereby the public will be informed about an upcoming event or directed to the location of a temporary event. Temporary signs for special events may be posted up to 60 days prior to the special event. Removal of the signage is required within seven days after the event. Such special event signs, for the same event, are only allowed one time per calendar year. Locations to be approved by the city administrator or his/her designee. Requires registration with the city.

(5)

Grand opening banners. One per establishment, limited to 32 square feet and one per year. May be posted up to 30 days after issuance of business tax license. Requires registration with the city.

(6)

Political signs shall not be placed on the right-of-way or other public property.

(7)

Location near easement or street. No temporary sign shall be placed within five feet of any easement of the property upon which the sign is located. No temporary sign shall be located within ten feet of the edge of the right-of-way. Temporary signs shall be located solely on the property side of the sidewalk if there is a sidewalk unless held by an individual occupying the sidewalk or right-of-way.

(8)

Signage during construction. One temporary sign shall be allowed during construction of a residential or nonresidential subdivision. Requires registration with the city. The signs shall not be internally illuminated.

a.

Duration. The signs shall be allowed beginning with the issuance of a land disturbance permit and ending with the issuance of a certificate of occupancy or installation of a permanent sign at the subdivision entrance, whichever comes first.

b.

Site. The sign shall not exceed 16 square feet in area and five feet in height.

c.

Location. The minimum front setback shall be 15 feet from the edge of the pavement or outside of the right-of-way, whichever is greater and ten feet from the side and rear lot lines. However, in no case will a sign be allowed to obscure vision at a street or driveway intersection, or railway crossing. For traffic safety, signs shall not be located within the triangular area on a corner lot formed by measuring 20 feet along both street side property lines from their intersection.

(9)

Handheld and portable signs. Handheld and portable signs not exceeding four square feet. A staff or pole attached or otherwise associated with a sign must be blunt at both ends. Such signs must be held at all times and may not be left unattended. Persons with handheld or portable signs may not display the signs in the right-of-way or on private property without the property owner's written consent. A person must be able to produce the written consent of the property owner if requested during the time of the display of the handheld or portable sign. Persons with handheld or portable signs shall not disrupt, block, obstruct or interfere with pedestrian or vehicular traffic or the free passage of pedestrian or vehicular traffic into any driveway, pedestrian entrance, or other access to buildings, which abut the public sidewalks.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

Residential Agricultural (R-A) zoning district and Low Density Residential (R-1) zoning district shall be allowed no more than one permanent sign which can be either a ground sign or wall sign. The display surface of a ground sign shall not exceed six square feet and the height shall be limited to five feet. A wall sign shall have a maximum height of two feet and a maximum sign area of three square feet per sign. On vacant and undeveloped lots in the above residential districts, permanent signs are not allowed.

(b)

Medium Density Residential (R-2) zoning district and High Density Residential (R-3) zoning district shall have the option of:

(1)

A maximum of one projecting or swinging sign, mounted on a post, for each building with a maximum height of two feet and a maximum sign area of four square feet per side with a maximum of two sides; or

(2)

A maximum of one wall sign mounted per building to a structural member of the building. The sign shall have a maximum height of two feet and a maximum sign area of three square feet per sign; or

(3)

A maximum of one wall-mounted shingle per building with a maximum sign area of three square feet with a maximum of two sides.

On vacant and undeveloped lots in these residential districts, permanent signs are not allowed.

(c)

Commercial/Industrial Districts. The maximum number of signs for an establishment and the sign types permitted in C-1, C-2, CBD, and M-1 zoning districts are shown in Table 140-472, unless otherwise specified. All such signs shall meet the standards according to section 140-473. On vacant and undeveloped lots in the above commercial and industrial districts, permanent signs are not allowed. In the CBD, those conventional lots, having front, side, or rear yards meeting setback requirements of this chapter compared to a lot that contains a building occupying 100 percent of the lot, may use one ground sign.

Table 140-472
Permanent Sign Types and Maximum Number of Signs

X - Permitted by Right

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

Area of sign. The area of a sign shall consist of the entire area of the sign, including any type border which may enclose the outer limits of any writing, representation, emblem, figure, or character. The area of the sign having, no perimeter or border shall be computed by enclosing the entire area within a parallelogram, circle, or triangle of the smallest size sufficient to cover the entire area of the sign and computing the area of that parallelogram, circle, or triangle. If the sign has two faces that are parallel (not more than two feet apart) the size of the sign is one-half the area of the two faces, and shall be considered one sign.

(b)

Location. In general, except for governmental signs as allowed by state law, all signs shall be located on private property,

(c)

Height of signs. The maximum height of a sign is measured from the base of the sign structure, at grade with the ground, to the highest point of the support structure or display surface, whichever is higher. If the base of the sign structure is below the grade of the nearest adjacent street surface, then height is measured from the grade of the nearest adjacent street surface to the highest point of the support structure or display surface, whichever is higher. If the sign is attached to a building then the height of the sign can be no greater than the maximum building height of the district in which the building is located, unless otherwise stated.

(d)

Setback. For the purposes of sign regulation under this article, the setback requirements reference the minimum distance from a street right-of-way line required for the placement of a sign structure. For side or rear line setbacks in all zone districts, sign structures shall comply with a minimum setback of five feet from the property line, but in no case shall the sign display surface extend across any property line.

(e)

Corner visibility clearance. In any zoning district, no sign or sign structure above a height of four feet shall be maintained within 15 feet of the intersection of the right-of-way lines of two streets, or of a street with a railroad right-of-way which setback shall be measured along an arc with a 15 foot radius. However, a singular sign structure or supporting structure not more than ten inches in diameter, or ten inches by ten inches square, if located on a corner lot where services are provided to the motoring public, may be located within the required corner visibility area if all other requirements of this article are met and the lower elevation of the sign display surface is at least ten feet above ground level. The provisions of this subsection shall control over all other setbacks when right-of-way intersections are involved.

(f)

Sign materials. In C-1, C-2 and CBD, the exposed surfaces of all sign structures and supports shall be constructed using natural materials and should match local architectural styles. Natural materials include, but are not limited to, concrete, stucco, natural and painted wood, brick, stone, or manmade materials such as metal and glass with similar texture and appearance that are considered appropriate to maintain the character of the existing building and structures on the property on which the sign is located.

(g)

Illumination.

(1)

Externally illuminated signs.

a.

Lighted, neon, strobe lights, or other luminous signs giving off light resulting in glare, blinding, or any other adverse effect on traffic shall not be permitted. Spot lights and flood lights shall be directed only at the sign surface. Light shall not be directed off the property.

b.

External lights must be mounted and be shielded, if necessary, to prevent light from shining anywhere but the sign face. Illumination in excess of 3.01 times at a distance of ten feet over the property line of the sign premises is prohibited. Colored lighting is prohibited.

(2)

Illumination restrictions. No internally illuminated ground or pole signs shall be erected within 50 feet of any dwelling within a residential district.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

The following sign standards apply to all districts except as specified elsewhere in this article:

(1)

Pole signs. Pole signs shall only be allowed in areas zoned C-2 with frontage adjacent to Georgia Route 515 and Blue Ridge Drive. Pole signs shall not extend over a public right-of-way. All signs with the display area abutting the right-of-way line shall have the display area ten feet or more above ground level measured from the grade at the right-of-way line. Signs with any portion of the display area less than ten feet above ground level must be erected ten feet from the right-of-way line.

a.

Height limit.

1.

Blue Ridge Drive. The maximum sign display area shall be 60 square feet, and the maximum height shall be no greater than the maximum building height allowed in the zoning district where the sign is located. Any sign more than 25 feet in height shall be erected 20 feet from the right-of-way line.

(2)

Ground/monument signs. The height of any monument/ground sign base or other structure erected to support or adorn the sign is measured as part of the sign height. The base structure shall be a minimum of two feet by four feet in size, entirely enclosed or solid with no visible open space and permanently affixed to the ground. A monument sign shall not be mounted on a pole. Ground signs less than five feet high shall be setback at least three feet from the right-of-way line. The maximum area of a ground sign shall be 40 square feet. If the subject property has frontage (a minimum of 100 linear feet parallel with the right-of-way) on Georgia 515, the maximum area of a ground sign shall be 60 square feet and on these frontage properties, the minimum setback shall be ten feet from the right-of-way line.

(3)

Wall signs. Wall signs and flush mounted canopy signs (including signs attached flat against the wall or canopy and painted signs) shall be securely fastened by metal supports to the building surface along the sign's greatest dimension Wall signs may not extend higher than the building upon which they are mounted and cannot extend more than six inches from the wall. If such signs project more than four inches from the building surface, they shall maintain a clear height of eight feet above ground level.

a.

Individual Businesses. The total number of wall signs or canopy signs on all facades of a building is counted as one sign, and the total sign display surface of each wall shall not exceed ten percent of the wall area. For uses in the (C-l) zoning district under this chapter and for office uses approved in the high density residential (R-3) zoning district under this chapter through the conditional use process, the use is limited to one wall sign not to exceed 16 square feet.

b.

Multi-Businesses/Shopping Centers. The maximum display surface of wall signs or canopy signs for each business shall not exceed ten percent of the front facade of each individual business.

(4)

Projecting and hanging signs. Projecting signs and hanging signs are allowed in C-2, CBD and MI districts.

a.

One projecting sign per facade of a building is allowed.

b.

The maximum display area, including framework, shall not exceed six square feet and are allowed to extend over a pedestrian way, but not over a roadway, provided a clear height of eight feet above grade is maintained.

c.

The horizontal dimension of projecting sign shall not exceed three feet with the innermost edge of the sign located not more than one foot from the building facade.

d.

The placement of any projecting sign shall comply with all codes, i.e., electrical system clearance requirements.

e.

The uppermost section of projecting signs shall not exceed 12 feet above grade and in no case shall exceed the height of the building to which it is attached.

(5)

A-frame signs. Any portable sign or structure composed of up to two sign faces mounted or attached back to back in such a manner as to form a triangular vertical cross section through the faces, provided that the A-frame sign is no greater than two feet wide and three feet high and that the A-frame sign is located on a public or private sidewalk and shall not encroach into a minimum of 60 inches of unobstructed pedestrian access along said sidewalk, Said sign must be located in front of the business served and no greater than 12 feet from the main entrance to the business served.

(6)

Window signs. Each ground level business having glass directly oriented to a street shall count all of the glass area towards one allowable sign, but no single window shall be covered more than 25 percent. Window signs on or above the second floor are prohibited except when a business has no ground floor frontage, in which case, no window shall be covered more than 25 percent.

(7)

Billboards.

a.

Such signs shall not be erected within 100 feet of any residence, church, school, or similar institution, nor within 1,000 feet of another billboard (i.e., only one such sign per location), measuring on the same side of the public right-of-way to which such signage is directed. The maximum height of such signs shall be equal to the maximum building height allowed in the zone district where the sign is located.

b.

Such sign, if used, shall count as one of the permanent allowed signs for the establishment or vacant lot upon which erected and shall meet the setbacks required for any building in the zoning district where the sign is to be located.

c.

Such sign shall only be erected on properties which abut a state or federal highway that are zoned either general commercial (C-2) zoning district or manufacturing (M-1) zoning district under this chapter.

d.

Such sign, designed as a double-face sign, is counted as one sign, but stacked or v-shaped are counted as two signs and not allowed.

e.

If a billboard is initially erected on a vacant/undeveloped lot, which then develops with a commercial or industrial use, the billboard is then counted as one of the allowed signs for that establishment.

f.

A currently existing billboard may be relocated as to another placement upon the same property that the billboard was originally constructed upon, and under the following, conditions:

1.

That the billboard is merely to be placed upon another location on the tract or parcel of land as to which it was permitted and originally constructed;

2.

All other requirements of this subsection (7) as to billboards must be met;

3.

That the granting of the relocation is necessary for the preservation and enjoyment of the property owner's property rights in the billboard, and is not merely to serve as a convenience to the property owner;

4.

That the authorizing of the relocation of the billboard will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, imperil the public safety, unreasonably diminish or impair established property values within the surrounding areas, or impair in any other respect the health, safety, comfort, morals, or general welfare of the inhabitants of the city, and must be for some objective reason other than the mere convenience of the property owner; and

5.

That the relocation of the billboard must be specifically approved by majority vote of the city council in a public meeting, and after receiving a recommendation of the planning commission.

g.

Prohibition of future billboards or billboard signs. Erection of additional or new billboards or billboard signs after August 9, 2016, is prohibited within the city's corporate municipal boundaries. Relocation of a currently existing billboard, as provided hereinabove, shall not be deemed to be the erection of a new billboard or the erection of a billboard sign.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

All signs shall be subject to the provisions below governing nonconforming structures/uses. Such provisions, however, shall not be construed to prevent a legally operating nonconforming user from using signs otherwise permitted for similar conforming uses. All future signs will require conformity to this section. Nonconforming portable signs and banners shall be removed within 30 days of the effective date of this section. All illegal signs shall be removed immediately. Abandonment of a nonconforming sign shall terminate its nonconforming status. The lawful use of land area or sign structure existing at the time of enactment of or subsequent amendment to this section may be continued subject to the following restrictions, even though such use does not conform with the provisions of this ordinance. Minor repairs and maintenance of nonconforming signs, such as repainting or electrical repairs, shall be permitted. Existing nonconforming sign structure shall not be:

(1)

Changed to another nonconforming sign;

(2)

Torn down and rebuilt as a nonconforming sign;

(3)

Rebuilt, altered, or repaired after damage exceeding 60 percent of its then replacement value;

(4)

Continued if use of the premises served by the sign ceases for any reason for a period of more than 60 days. After such time, the sign shall lose its legal nonconforming status and shall be removed. Any subsequent sign erected on the premises shall conform with all requirements of this code;

(5)

Enlarged or altered except in conformance with this article, but it may be repaired to the extent necessary to maintain it in a safe condition.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

It shall be unlawful to erect or maintain any sign in violation of the provisions of this article. The city administrator or his/her designee shall have the power to give the owner thereof written notice of such violation, said notice to include a brief statement of the particulars in which such violation may be required to be remedied, if possible, or the provision which indicates no sign can be permitted.

(b)

A violation of this article shall result in the sign permit being revoked. Additionally, any person violating this article shall be guilty of a misdemeanor and upon conviction, may be fined up to $250.00 for each violation. Each day an illegal sign remains beyond the period of time the city administrator or his /her designee gives the person responsible for maintaining the sign to correct the illegality shall be considered a separate violation.

(c)

If the sign is not removed within the time required by the city, the city shall remove or cause to be removed the sign and collect the costs thereof through appropriate legal proceedings.

(d)

The city shall have removed any sign in violation of this chapter, without giving notice to any party if: the sign is upon the public right-of-way or upon other public property or if the sign poses an immediate safety threat to the life or health of any member of the public, or injury to property.

(e)

Signs removed by the city will be destroyed after 14 days if they are not claimed; however, this holding period shall not apply to signs which were removed from any public right-of-way.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

Authority. The city council is authorized to consider applications for variances to the provisions of article.

(b)

Procedure. The procedure for filing and hearing variance applications shall be the same as for variances to the zoning ordinance.

(c)

Standards. Variances from the regulations of this article shall be limited to hardship situations which shall meet all of the following conditions:

(1)

There exists extraordinary and exceptional conditions pertaining to the property in question resulting from its size, shape, or topography that are not applicable to other lands or structures in the city and which affect the visibility of the proposed sign;

(2)

A literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other similar properties;

(3)

Granting the variance requested would not confer upon the property of the applicant any significant privileges that are denied to other similar properties;

(4)

The requested variance will be in harmony with the purpose and intent of these regulations and will not be injurious to the general welfare of the city's residents;

(5)

The special circumstances or hardships are not the result of actions of the applicant or in existence when applicant purchased the property;

(6)

The variance is not a request to permit a type of sign which otherwise is prohibited by this ordinance;

(7)

The mere existence of a nonconforming sign or advertising device or other variances shall not constitute a valid reason to grant a variance;

(8)

Visibility of the proposed sign would be substantially impaired by existing trees, plants, natural features, signs, buildings or structures on a different lot;

(9)

Placement of the sign elsewhere on the lot would not remedy the visual obstructions; and

(10)

The variance proposed would not create a safety hazard to vehicular traffic or pedestrians.

(d)

Findings. Relief from the application of the provisions of this ordinance by use of variances shall be granted only upon a finding of hardship as previously defined.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

Mural defined. The term "mural" means an artistic rendering of an image located on an exterior wall of a building located in the Central Business District. It can be an image or word(s) painted on the side of a building, in replacement of, or an embellishment of, the typical mono-color painting of a building side. The mural may or may not include the name of the business operating in the building where the mural is placed. A stylized rendering of the business name without any additional visual imagery shall not be construed to be a mural but rather will be regulated as a wall sign as set forth in this article. A standalone billboard shall not constitute a mural.

(b)

Purpose. The following type of murals shall be permitted within the Central Business District: (1) historic murals, and (2) original art murals. All other similar forms of outdoor visual art that do not meet the definitions of these forms of murals shall be regulated as wall signs as set forth in this article.

(1)

Historic murals. Historic murals are original works of visual art or signs produced by hand that were tiled, painted directly on or affixed directly to a wall or building prior to the date of adoption of this ordinance. Murals that recreate a historic image bearing a relationship to a historic City of Blue Ridge theme established after the date of adoption of this ordinance constitute historic murals. Original historic murals and recreations of historic images are permitted.

(2)

Original art murals. Original art murals are original works of visual art produced by hand that are tiled, painted directly on, or affixed directly to a wall or building. Original art murals are permitted and shall be content neutral (non-political, non-religious, and non-offensive). Original art murals may be mechanically produced or computer-generated prints or images, but shall not include the use of digitally printed vinyl.

a.

Original art murals shall comply with the following standards:

1.

Original art murals shall not contain a commercial message.

2.

The mural shall remain in place, without alteration, a minimum of five years. The applicant shall attest to this standard in the permit application.

3.

No part of any mural shall extend beyond the building wall or freestanding wall on which it is tiled, painted, or affixed.

4.

No part of the mural shall extend more than six inches from the plane of the wall upon which it is tiled, painted, or affixed.

5.

An appropriate graffiti resistant sealer or topcoat shall be applied to the finished mural.

b.

The following forms of original art murals are prohibited:

1.

Any mural that contains an element that moves, rotates, or otherwise creates a changing image or message.

2.

Any mural that uses flashing or scrolling lights, an internal light source, or other light feature.

3.

Any mural containing electrical or mechanical components.

4.

Any mural that is applied to a surface as a vinyl or other non-permanent material.

(c)

Mural permitting process. All murals require approval by the city council following review and recommendation by the City of Blue Ridge Downtown Development Authority. The decision of the city council shall be final. The action to approve a mural shall be by resolution of the city council, following submission of an application to the City of Blue Ridge Planning and Zoning Department, which will be forwarded to the downtown development authority for review.

(1)

The following application process must be followed for consideration by the city council and downtown development authority:

a.

The mural application process will be a bi-annual application window, open in January and again in July, limited to one approval of a mural and a maximum of five applications per bi-annual session.

b.

Applications shall be made on the form provided by the city with an application fee of $50.00.

c.

The business owner or their designee must complete the application and location agreement.

d.

The application must include signatures by the building owner and the artist painting the mural, attesting that what is to be painted is accurately depicted on the application.

e.

A full color rendering/picture of the mural must be included in the application.

f.

The subject matter must be content neutral (non-political, non-religious, and non offensive).

g.

Once an application is approved and a permit issued, work must begin within six months or an otherwise approved timetable.

h.

Work must be completed within 90 days.

(2)

The standards to be utilized by the downtown development authority to recommend a mural shall include the following:

a.

The size, scale, and relationship of the mural to the historic context in the case of historic murals. Original art murals may or may not bear any relationship to the City of Blue Ridge.

b.

Repainting of historic advertising shall be guided by exacting documentation concerning the mural and input from the historical committee.

c.

A permanent plan for maintenance and exact repainting according to the plan of the original artist shall be submitted with the application. The exact matching of color and application technique shall be specified in the plan.

d.

Any mural proposed must be on a wall surface that will not mar a key historic feature and will be compatible with the streetscape. The image of any faded advertising murals shall be stabilized using appropriate preservation techniques and shall remain otherwise unchanged in its original setting.

e.

The standards of this section applicable to each mural type shall be considered by the downtown development authority and city council.

(d)

Maintenance. The property owner, in addition to the business owner and/or artist, must sign the application form affirming their promise to maintain the mural in good condition for five years or, in the case a mural is not maintained, have it repainted a typical monochrome color within 90 days' notice from the city. In the event, the building is sold, the new owner shall have the right to remove the mural.

(e)

Removal of murals/failure to comply. The failure of an applicant to comply with this ordinance will result in the applicant being required to remove the mural and restore the façade upon which the mural was placed to its prior condition or compatible appearance. Failure to obtain approval from the city to install a mural will result in a stop work order and a citation being issued. If the city is required to remove a mural for non-compliance, it will be at the owner's expense.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)