SIGNS AND MURALS3
Editor's note— Section 1 of Ord. No. 755, adopted Feb. 10, 2014, repealed the former Art. VI, §§ 22-391—22-409, and enacted a new Art. VI as set out herein. The former Art. VI pertained to similar subject matter and derived from Ord. No. 548, §§ 23.01—23.19, adopted Jan. 8, 2001; Ord. No. 614, § 1, adopted June 14, 2004; and Ord. No. 697, adopted June 26, 2008. Subsequently, Ord. No. 827, § 1, adopted March 8, 2021, changed the title of Art. VI from "Signs" to read as herein set out.
[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:]
Animated sign shall mean a sign with action, motion, or changing colors which requires electrical energy. This definition includes any signs that electronically change the sign face, whether by substitution of copy or scrolling. An electronic sign that maintains a steady sign face without change for no less than six (6) hours is not considered an animated sign; however, any deviation from the minimum six-hour change of results in the sign being considered an animated sign.
Area of a sign/sign area shall mean the smallest square, rectangle, triangle, circle, or combination thereof, which encompasses one (1) face of the entire sign, inclusive of any border and trim but excluding the base, apron, supports, and other structural members.
Awning sign shall mean a sign located on a roof-like cover extending before a place as a shelter and which may be used in lieu of a wall sign.
Billboard sign shall mean any sign with a sign area exceeding one hundred (100) square feet.
Double-faced sign shall mean a sign which has two (2) display areas placed back to back against each other or where the interior angle formed by the display areas is sixty (60) degrees or less, where one (1) face is designed to be seen from one (1) direction and the other face from another direction.
Ground sign shall mean a freestanding sign mounted directly upon the ground. Such sign may not be attached to or be a part of or supported by the building in or to which the sign applies.
Illuminated sign shall mean a sign that has light cast upon the sign from a source either internal to the sign or from an external light source directed primarily toward such sign.
Mural is a work of art painted upon a building or wall or directly applied to a building or wall.
Nonconforming sign shall mean any sign which does not conform to the provisions of this article that was legal at the time of its erection.
Parcel shall mean a separate tax unit of real property on county real estate records.
Portable sign shall mean any sign that is not permanently affixed.
Roof sign shall mean a sign attached to or supported by the roof of a building which extends above the immediately adjacent roof line of the building.
Sign shall mean a device or representation for visual communication which is used for the purpose of bringing the subject thereof to the attention of others.
Temporary sign shall mean a sign on a nonpermanent nature. All such signs shall be removed within ten (10) days after the purpose of which the sign is intended to advertise has been accomplished.
Wall sign shall mean a sign fastened, placed or painted upon or parallel to the exterior wall of the structure itself, whether front, rear or side of the structure.
Window sign shall mean a sign installed flush with or on a window and intended to be viewed from the outside.
(Ord. No. 755, § 1, 2-10-14; Ord. No. 827, § 2, 3-8-21)
(a)
All signs allowed by this article, except those exempted from obtaining a permit shall require a permit issued by the city prior to posting, displaying, substantially changing, or erecting a sign in the city.
(b)
Existing signs which conform to the provisions of this article that would be required to obtain a permit under the regulations of this article must register with the city within ninety (90) days of the effective date of this article. The information provided for registration will be the same information required in a permit application under section 22-393. No permit fee will be required for the registration of existing signs.
(Ord. No. 755, § 1, 2-10-14)
Applications for sign permits required by this article shall be filed by the sign owner or the owner's agent with the office of code enforcement. The application shall describe and set forth the following:
(1)
The street address of the property upon which the sign is to be located and a plat map of the property, drawn to scale, showing all existing structures, including existing signage.
(2)
The aggregate area for all signs on the parcel at the time application is made.
(3)
The name(s) and address(es) of all of the owner(s) of the real property upon which the subject sign is to be located.
(4)
The consent of the owner, or the owner's agent, granting permission for the placement or maintenance of the sign.
(5)
The name, address, the phone number of the sign contractor.
(6)
The type of sign to be erected, the area of the sign, the height of the sign, the shape of the sign, and an explanation of how the sign is to be mounted or erected.
(7)
The distance of the sign from the closest adjacent sign in either direction.
(8)
The size of the parcel on which the sign is to be placed.
(Ord. No. 755, § 1, 2-10-14)
The city shall process all sign permit applications within thirty (30) business days of the city's actual receipt of a completed application and accompanying sign permit fee. The office of code enforcement shall give notice to the applicant of the decision of the city by hand delivery or by mailing a notice, by first class mail, to the address on the permit application on or before the thirtieth business day after the city's receipt of the completed application and fee. If mailed, notice shall be deemed to have been given upon the date of mailing in conformity with this section. If the city fails to act within the thirty (30) business day period, the permit shall be deemed to have been granted.
(Ord. No. 755, § 1, 2-10-14)
(a)
Procedure. The city shall deny permits to applicants that submit applications for signs that do not comply with the provisions of this article, are incomplete applications, or applications containing any false material statements. Violation of any provision of this article will be grounds for terminating a permit granted by the city for the erection of a sign. Should it be determined that a sign 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 office of code enforcement shall revoke the permit. Should the city deny a permit, the reasons for the denial shall be stated in writing and mailed by first class mail or via hand delivery to the address on the permit application on or before the thirtieth business day after the city's receipt of the application. Any application denied and later resubmitted shall be deemed to have been submitted on the date of resubmission, instead of the date of the original submission. No permit shall be denied or revoked, except for due cause as hereinafter defined, and the applicant is granted a public hearing before a hearing officer designated by the city. The applicant will be given ten (10) days' written notice of the time, place and purpose of the hearing, with a statement of the reason for the denial of the permit application, or the revocation of a permit. "Due cause" is the violation of the provisions of this article, state or federal law related to signage, or the submission of an incomplete application or an application containing false material statements.
(b)
Appeal. An individual whose permit application has been denied or a permittee whose permit has been revoked may appeal the decision of the office of code enforcement upon filing of written notice of an appeal with the city clerk within ten (10) business days of the hearing officer's decision. Such appeal shall be considered by the mayor and council at the next city council meeting held after the city's receipt of the written notice of appeal, provided that notice of appeal is received before 4:00 p.m. of the fifth day prior to the meeting. If the appeal is not heard at such meeting, it shall be heard at the next regular meeting of mayor and council thereafter. The mayor and council shall make a final decision no later than twenty (20) days from the date of the hearing.
(c)
[Petition.] In the event an individual whose permit has been denied or revoked is dissatisfied with the decision of the mayor and council, he or she may petition for writ of certiorari to the superior court as provided by law.
(Ord. No. 755, § 1, 2-10-14)
A sign permit shall become null and void if the sign for which the permit was issued has not been completed and installed in accordance with the permit application within six (6) months after the date of issuance. 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 processed and another fee paid in accordance with the fee schedule applicable at such time.
(Ord. No. 755, § 1, 2-10-14)
The cost of a permit shall be as determined by the city manager subject to review and alteration by mayor and council.
(Ord. No. 755, § 1, 2-10-14)
The following types of signs are prohibited throughout the city:
(1)
Roof signs;
(2)
Signs on public rights-of-way other than publicly owned or maintained signs;
(3)
Window signs which exceed thirty (30) percent of the window area;
(4)
Signs which contain words, pictures, or statements which are obscene, as defined by O.C.G.A. § 16-12-80;
(5)
Signs which simulate an official traffic control or warning sign or hide from view any traffic or street sign, signal or public service sign;
(6)
Signs which emit or utilize in any manner any sound capable of being detected on any traveled road or highway by a person with normal hearing;
(7)
Signs which interfere with road or highway visibility or obstruct or otherwise interfere with the safe and orderly movement of traffic; and
(8)
Signs erected by nailing, fastening or affixing the sign in any manner to any tree, post, curb, utility pole, or other structure except as set forth herein.
(9)
Portable signs.
(Ord. No. 755, § 1, 2-10-14)
(a)
Within residential areas zoned R-1AA, R-1A, R-1, and R-2 there shall be no signs having an aggregate sign area greater than twelve (12) square feet nor violating the requirements set forth in [subsections] (b)(2)—(7). Signs having a height of greater than five (5) feet above the grade level of the center line of the adjacent street to which the parcel on which the sign is located shall not be located in residential zoning districts. Signs meeting the standards of this section are exempt from permitting requirements. Further, signs within residential areas shall be subject to the following requirements:
(1)
There shall be no general advertising sign.
(2)
No sign that projects from the building shall be larger than twenty-five (25) square feet.
(3)
Each sign shall be compatible with adjoining signs and shall not compete for attention.
(4)
There shall be no animated signs.
(5)
No sign shall be closer than thirty-six (36) inches to the adjacent property lines.
(b)
Central business district (CBD). Each permitted business within the CBD may have two (2) permanent signs. The signs may be a window sign, crossing sign, ground sign or wall sign subject to restrictions within the sign ordinance. The signs within the CBD shall be subject to the following requirements:
(1)
Each permitted business within the CBD may have two (2) permanent signs in the form of identification, window signs, awning signs, or a combination of thereof. Structures that are located on a corner so as to face two (2) streets may have one (1) additional sign. Said additional sign shall be no larger than seventy (70) percent of the largest sign.
(2)
There shall be no general advertising sign.
(3)
No sign shall exceed one hundred (100) square feet in size.
(4)
No sign that projects from the building shall be larger than twenty-five (25) square feet.
(5)
Each sign shall be compatible with adjoining signs and shall not compete for attention.
(6)
There shall be no animated signs.
(7)
No sign shall be closer than twenty-four (24) inches to the adjacent property lines.
(8)
No sign shall obscure any significant architectural feature of the building or site.
(9)
All signs shall be appropriate for an early twentieth century southern town.
(Ord. No. 755, § 1, 2-10-14)
The following height requirements shall be applicable to signs located in nonresidential zoning districts:
(1)
No ground sign shall exceed eighteen (18) feet in height at the highest point on the sign.
(2)
All sign heights shall be measured from the grade level of the center line of the adjacent street to which the property on which the sign is located has access. The level of the ground shall not be altered in such a way as to provide additional sign height.
(Ord. No. 755, § 1, 2-10-14)
(a)
No freestanding sign may be located within thirty (30) feet of the intersection of street right-of-way lines extended.
(b)
No sign shall be located on any building, fence or other property belonging to another person without the consent of the owner, and as permitted under the provisions of this article.
(c)
Billboard signs.
(1)
Billboard signs shall not exceed two hundred forty (240) square feet of sign area. Billboard signs shall not exceed fourteen (14) feet in height or twenty (20) feet in length.
(2)
Billboard signs shall only be located on parcels in commercial or industrial zoning areas.
(3)
Billboard signs shall only be located on parcels adjacent to designated state or federal highways and shall be oriented only towards those highways.
(4)
No billboard sign shall be located within [a] one-thousand-three-hundred-foot radius of another billboard sign, measured from the closest points on each sign.
(5)
No billboard sign shall be located within three hundred (300) feet of a single-family residence upon a lot zoned residential.
(6)
No billboard sign shall be located within five hundred (500) feet in any direction of a public park, public playground, public recreation area, public forest, scenic area, or cemetery; provided, however, that such sign may be located within five hundred (500) feet of a public park, public playground, public recreation area, public forest, scenic area, or cemetery when the sign is separated by buildings or other obstructions so that the sign located within the five-hundred-foot zone is not visible from the public park, public playground, public recreation area, public forest, scenic area, or cemetery.
(7)
No billboard sign shall be erected to a height in excess of thirty-six (36) feet.
(8)
Billboard signs shall be allowed to utilize multiple message technology to the extent permitted by the Georgia Department of Transportation.
(d)
Ground signs. Ground signs shall not exceed one hundred twenty (120) square feet of total area, which shall include signage and structure, and shall be limited to one (1) such sign per parcel per street frontage.
(e)
Wall and awning signs.
(1)
Wall and awning signs shall not project above the parapet wall.
(2)
Wall signs shall not project beyond the building face. Awning signs shall not project beyond the building face by more than six (6) feet.
(3)
Wall and awning signs shall not exceed a sign area of two hundred (200) square feet or twenty (20) percent of the wall face of the premises to which the sign relates, whichever is less, on each street facing wall.
(4)
Wall signs shall only be located on property in commercial or industrial zoning areas.
(5)
Each building tenant shall be limited to one (1) wall or awning sign on each street facing wall.
(f)
Maximum aggregate sign area. Parcels may contain more than one (1) freestanding sign, provided that:
(1)
Parcels exceeding three (3) acres shall be allowed a maximum aggregate sign area of three hundred (300) square feet for the entire parcel.
(2)
Parcels less than three (3) acres but greater than thirty thousand (30,000) square feet shall be allowed a maximum aggregate sign area of one hundred eighty (180) square feet for the entire parcel.
(3)
Parcels less than thirty thousand (30,000) square feet in size shall be allowed a maximum aggregate sign area of one hundred twenty (120) square feet for the entire parcel.
(4)
These limits shall not include the area of any wall signs, window signs or billboard signs located on the parcel.
(5)
These limits shall include the area of all ground signs on the parcel.
(Ord. No. 755, § 1, 2-10-14)
(a)
All signs for which a permit is required under this article shall be constructed and maintained in accordance with the provisions of the city building code.
(b)
Signs for which a permit is not required under this article that are constructed of degradable material may be posted for a maximum of sixty (60) days unless replaced with another sign of the same material. Any such replacement signs may be posted for a maximum of sixty (60) days.
(Ord. No. 755, § 1, 2-10-14)
(a)
Nonconforming signs, which met all legal requirements when erected, may stay in place, provided that within ninety (90) days of the effective date of this article the owner of the nonconforming sign or the owner's agent registers the sign with the city. Such registration shall contain the information listed in [this article] and shall specify the sign being registered as nonconforming and shall state that the sign was completely installed before the effective date of this article. The payment of a fee is not required for the registration of a nonconforming sign; however failure to register shall be considered an offense and may be punished as any other ordinance violation. Nonconforming signs shall be permitted until one (1) of the following conditions occurs:
(1)
The deterioration of the sign or damage to the sign makes it a hazard or unsightly; or
(2)
The sign has been damaged by circumstances beyond the control of the owner to the extent that more than minor repairs are required to restore the sign; provided that signs damaged by Act of God and not due to the owner's action may be restored to their predamaged condition, provided that the useful life of the signs is not extended.
(b)
No structural repairs except those permitted pursuant to subsection (a)(2) above change in shape, size or design, shall be permitted except to make a nonconforming sign comply with all requirements of this article.
(c)
A nonconforming sign may not be replaced by another nonconforming sign except where changed conditions beyond the control of the owner render the sign nonconforming or warrant the sign's repair.
(Ord. No. 755, § 1, 2-10-14)
Variances shall be limited to the minimum relief necessary to overcome the hardship. No variance shall be granted to allow a greater number of signs than would be allowed if the hardship did not exist. A variance from compliance with the sign regulations of this article shall be limited to the following hardship situations:
(1)
Standards.
a.
Where visibility of a conforming sign from the public street and within fifty (50) feet of the proposed sign would be substantially impaired by existing trees, plants, natural features, signs, existing buildings or structures on a different lot; and
b.
Placement of the sign elsewhere on the lot would not remedy the visual obstruction; and such visibility obstruction was not created by the owner of the subject property; and the variance proposed would not create a safety hazard to traffic.
(2)
Variance applications shall be submitted to the city council and shall be heard under the same time frames and rules governing appeals under this article.
(Ord. No. 755, § 1, 2-10-14)
(a)
The following types of signs shall be exempt from the permit requirements of this article:
(1)
Nonilluminated signs, having a sign area of less than fifteen (15) square feet, provided they are not located in the public right-of-way.
(2)
Window signs installed for purposes of viewing from outside the premises. However, such signs shall not exceed thirty (30) percent of the available window space.
(3)
Numerals displayed for purposes of identifying property location and not exceeding four (4) inches in height in residential districts and ten (10) inches in height in nonresidential districts.
(4)
Seasonal displays located outside of the public right-of-way that are erected for a maximum period of thirty (30) days.
(Ord. No. 755, § 1, 2-10-14; Ord. No. 757, § 1, 3-24-14)
Illumination for signs shall not cast light on adjoining property or shine in such a manner as to cause traffic interference. An illuminated sign shall not flash or simulate movement.
(Ord. No. 755, § 1, 2-10-14)
(a)
All signs shall be maintained in good condition as to present a neat and orderly appearance. The city may, after due notice, issue a citation to any permittee for any sign which shows gross neglect or becomes dilapidated. Such due notice shall be in writing, shall specify the sign and location, and shall state that the sign has not been properly maintained. The city shall give the permittee thirty (30) days to rectify the condition or remove the dilapidated sign before issuing a citation.
(b)
The city may issue a citation for violation of this article by any sign erected, altered, converted, or used in violation of this article.
(c)
Any person violating any provision of this article shall be liable for a fine of up to two hundred dollars ($200.00) for each violation. Each day a sign is posted in violation of this article shall constitute a separate violation.
(Ord. No. 755, § 1, 2-10-14; Ord. No. 757, § 2, 3-24-14)
The following type of murals shall be permitted within the City of Cairo: (a) historic murals; (b) original art murals; and (c) limited message 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 within this article.
(a)
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 [from which this section derives]. Murals that recreate a historic image bearing a relationship to a historic Cairo theme established after the date of adoption of this ordinance [from which this section derives] constitute historic murals. Original historic murals and recreations of historic images are permitted.
(b)
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. Original art murals may be mechanically produced or computer generated prints or images, but shall not include the use of digitally printed vinyl. Original art murals cannot contain text, graphics, or symbols that advertise or promote a business, product, or service; or promote a political candidate or party. Original art murals shall comply with the following standards:
(1)
Original art murals shall not contain a commercial or non-commercial message.
(2)
The mural shall remain in place, without alteration, a minimum of five (5) years. The applicant shall attest to this standard on 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 (6) inches from the plane of the wall upon which it is titled, pained, or affixed.
(5)
Only oil based alkyd enamel or polyurethane enamel, or newer one hundred (100) percent acrylic exterior paints shall be used to create murals.
(6)
Murals executed using spray paint shall be limited to air brushing to ensure that high quality paint is used.
(7)
An appropriate clear sealer or a suitable varnish or topcoat shall be applied to the finished mural. Graffiti resistant sealers should be chosen.
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)
Limited message murals. Limited message murals are murals that are painted on or applied to and made integral with a building wall or free-standing wall that contain a graphic or written message. Limited Message Murals shall comply with the following standards:
(1)
Limited message murals may contain a graphic or written message not exceeding fifty (50) percent of the width of the building façade, provided that no such graphic or written message shall have an area exceeding ten (10) percent of the building façade area as measured at the exterior dimension of the graphic or written message and framing.
(2)
The mural shall remain in place, without alteration, a minimum of five (5) years. The applicant shall attest to this standard on 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 (6) inches from the plane of the wall upon which it is tiled, painted, or affixed.
(5)
Only oil based alkyd enamel or polyurethane enamel, or newer one hundred (100) percent acrylic exterior paints shall be used to create murals.
(6)
Murals executed using spray paint shall be limited to air brushing to ensure that high quality paint is used.
(7)
An appropriate clear sealer or a suitable varnish or topcoat shall be applied to the finished mural. Graffiti resistant sealers should be chosen.
The following forms of limited message 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.
(Ord. No. 827, § 3, 3-8-21)
All murals shall be approved by the mayor and council following review and approval by the downtown development authority/main street program design review committee following submission of an application to the downtown development authority.
(a)
The standards to be utilized by the downtown development authority to approve a mural shall include the following:
(1)
The size, scale, and relationship of a mural to the historic context in the case of historic murals. Original art murals and limited message murals may or may not bear any relationship to the Cairo context.
(2)
Repainting of historic advertising shall be guide by exacting documentation concerning the mural.
(3)
A permanent plan for maintenance and exact repainting according to the plan of the original artist shall be submitted with the applications. The exact matching of color and application technique shall be specified in the plan.
(4)
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.
(5)
The standards of this division applicable to each mural type shall be considered.
(Ord. No. 827, § 3, 3-8-21)
The failure of applicant to comply with this ordinance [from which this section derives] 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 and appearance.
(Ord. No. 827, § 3, 3-8-21)
SIGNS AND MURALS3
Editor's note— Section 1 of Ord. No. 755, adopted Feb. 10, 2014, repealed the former Art. VI, §§ 22-391—22-409, and enacted a new Art. VI as set out herein. The former Art. VI pertained to similar subject matter and derived from Ord. No. 548, §§ 23.01—23.19, adopted Jan. 8, 2001; Ord. No. 614, § 1, adopted June 14, 2004; and Ord. No. 697, adopted June 26, 2008. Subsequently, Ord. No. 827, § 1, adopted March 8, 2021, changed the title of Art. VI from "Signs" to read as herein set out.
[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:]
Animated sign shall mean a sign with action, motion, or changing colors which requires electrical energy. This definition includes any signs that electronically change the sign face, whether by substitution of copy or scrolling. An electronic sign that maintains a steady sign face without change for no less than six (6) hours is not considered an animated sign; however, any deviation from the minimum six-hour change of results in the sign being considered an animated sign.
Area of a sign/sign area shall mean the smallest square, rectangle, triangle, circle, or combination thereof, which encompasses one (1) face of the entire sign, inclusive of any border and trim but excluding the base, apron, supports, and other structural members.
Awning sign shall mean a sign located on a roof-like cover extending before a place as a shelter and which may be used in lieu of a wall sign.
Billboard sign shall mean any sign with a sign area exceeding one hundred (100) square feet.
Double-faced sign shall mean a sign which has two (2) display areas placed back to back against each other or where the interior angle formed by the display areas is sixty (60) degrees or less, where one (1) face is designed to be seen from one (1) direction and the other face from another direction.
Ground sign shall mean a freestanding sign mounted directly upon the ground. Such sign may not be attached to or be a part of or supported by the building in or to which the sign applies.
Illuminated sign shall mean a sign that has light cast upon the sign from a source either internal to the sign or from an external light source directed primarily toward such sign.
Mural is a work of art painted upon a building or wall or directly applied to a building or wall.
Nonconforming sign shall mean any sign which does not conform to the provisions of this article that was legal at the time of its erection.
Parcel shall mean a separate tax unit of real property on county real estate records.
Portable sign shall mean any sign that is not permanently affixed.
Roof sign shall mean a sign attached to or supported by the roof of a building which extends above the immediately adjacent roof line of the building.
Sign shall mean a device or representation for visual communication which is used for the purpose of bringing the subject thereof to the attention of others.
Temporary sign shall mean a sign on a nonpermanent nature. All such signs shall be removed within ten (10) days after the purpose of which the sign is intended to advertise has been accomplished.
Wall sign shall mean a sign fastened, placed or painted upon or parallel to the exterior wall of the structure itself, whether front, rear or side of the structure.
Window sign shall mean a sign installed flush with or on a window and intended to be viewed from the outside.
(Ord. No. 755, § 1, 2-10-14; Ord. No. 827, § 2, 3-8-21)
(a)
All signs allowed by this article, except those exempted from obtaining a permit shall require a permit issued by the city prior to posting, displaying, substantially changing, or erecting a sign in the city.
(b)
Existing signs which conform to the provisions of this article that would be required to obtain a permit under the regulations of this article must register with the city within ninety (90) days of the effective date of this article. The information provided for registration will be the same information required in a permit application under section 22-393. No permit fee will be required for the registration of existing signs.
(Ord. No. 755, § 1, 2-10-14)
Applications for sign permits required by this article shall be filed by the sign owner or the owner's agent with the office of code enforcement. The application shall describe and set forth the following:
(1)
The street address of the property upon which the sign is to be located and a plat map of the property, drawn to scale, showing all existing structures, including existing signage.
(2)
The aggregate area for all signs on the parcel at the time application is made.
(3)
The name(s) and address(es) of all of the owner(s) of the real property upon which the subject sign is to be located.
(4)
The consent of the owner, or the owner's agent, granting permission for the placement or maintenance of the sign.
(5)
The name, address, the phone number of the sign contractor.
(6)
The type of sign to be erected, the area of the sign, the height of the sign, the shape of the sign, and an explanation of how the sign is to be mounted or erected.
(7)
The distance of the sign from the closest adjacent sign in either direction.
(8)
The size of the parcel on which the sign is to be placed.
(Ord. No. 755, § 1, 2-10-14)
The city shall process all sign permit applications within thirty (30) business days of the city's actual receipt of a completed application and accompanying sign permit fee. The office of code enforcement shall give notice to the applicant of the decision of the city by hand delivery or by mailing a notice, by first class mail, to the address on the permit application on or before the thirtieth business day after the city's receipt of the completed application and fee. If mailed, notice shall be deemed to have been given upon the date of mailing in conformity with this section. If the city fails to act within the thirty (30) business day period, the permit shall be deemed to have been granted.
(Ord. No. 755, § 1, 2-10-14)
(a)
Procedure. The city shall deny permits to applicants that submit applications for signs that do not comply with the provisions of this article, are incomplete applications, or applications containing any false material statements. Violation of any provision of this article will be grounds for terminating a permit granted by the city for the erection of a sign. Should it be determined that a sign 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 office of code enforcement shall revoke the permit. Should the city deny a permit, the reasons for the denial shall be stated in writing and mailed by first class mail or via hand delivery to the address on the permit application on or before the thirtieth business day after the city's receipt of the application. Any application denied and later resubmitted shall be deemed to have been submitted on the date of resubmission, instead of the date of the original submission. No permit shall be denied or revoked, except for due cause as hereinafter defined, and the applicant is granted a public hearing before a hearing officer designated by the city. The applicant will be given ten (10) days' written notice of the time, place and purpose of the hearing, with a statement of the reason for the denial of the permit application, or the revocation of a permit. "Due cause" is the violation of the provisions of this article, state or federal law related to signage, or the submission of an incomplete application or an application containing false material statements.
(b)
Appeal. An individual whose permit application has been denied or a permittee whose permit has been revoked may appeal the decision of the office of code enforcement upon filing of written notice of an appeal with the city clerk within ten (10) business days of the hearing officer's decision. Such appeal shall be considered by the mayor and council at the next city council meeting held after the city's receipt of the written notice of appeal, provided that notice of appeal is received before 4:00 p.m. of the fifth day prior to the meeting. If the appeal is not heard at such meeting, it shall be heard at the next regular meeting of mayor and council thereafter. The mayor and council shall make a final decision no later than twenty (20) days from the date of the hearing.
(c)
[Petition.] In the event an individual whose permit has been denied or revoked is dissatisfied with the decision of the mayor and council, he or she may petition for writ of certiorari to the superior court as provided by law.
(Ord. No. 755, § 1, 2-10-14)
A sign permit shall become null and void if the sign for which the permit was issued has not been completed and installed in accordance with the permit application within six (6) months after the date of issuance. 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 processed and another fee paid in accordance with the fee schedule applicable at such time.
(Ord. No. 755, § 1, 2-10-14)
The cost of a permit shall be as determined by the city manager subject to review and alteration by mayor and council.
(Ord. No. 755, § 1, 2-10-14)
The following types of signs are prohibited throughout the city:
(1)
Roof signs;
(2)
Signs on public rights-of-way other than publicly owned or maintained signs;
(3)
Window signs which exceed thirty (30) percent of the window area;
(4)
Signs which contain words, pictures, or statements which are obscene, as defined by O.C.G.A. § 16-12-80;
(5)
Signs which simulate an official traffic control or warning sign or hide from view any traffic or street sign, signal or public service sign;
(6)
Signs which emit or utilize in any manner any sound capable of being detected on any traveled road or highway by a person with normal hearing;
(7)
Signs which interfere with road or highway visibility or obstruct or otherwise interfere with the safe and orderly movement of traffic; and
(8)
Signs erected by nailing, fastening or affixing the sign in any manner to any tree, post, curb, utility pole, or other structure except as set forth herein.
(9)
Portable signs.
(Ord. No. 755, § 1, 2-10-14)
(a)
Within residential areas zoned R-1AA, R-1A, R-1, and R-2 there shall be no signs having an aggregate sign area greater than twelve (12) square feet nor violating the requirements set forth in [subsections] (b)(2)—(7). Signs having a height of greater than five (5) feet above the grade level of the center line of the adjacent street to which the parcel on which the sign is located shall not be located in residential zoning districts. Signs meeting the standards of this section are exempt from permitting requirements. Further, signs within residential areas shall be subject to the following requirements:
(1)
There shall be no general advertising sign.
(2)
No sign that projects from the building shall be larger than twenty-five (25) square feet.
(3)
Each sign shall be compatible with adjoining signs and shall not compete for attention.
(4)
There shall be no animated signs.
(5)
No sign shall be closer than thirty-six (36) inches to the adjacent property lines.
(b)
Central business district (CBD). Each permitted business within the CBD may have two (2) permanent signs. The signs may be a window sign, crossing sign, ground sign or wall sign subject to restrictions within the sign ordinance. The signs within the CBD shall be subject to the following requirements:
(1)
Each permitted business within the CBD may have two (2) permanent signs in the form of identification, window signs, awning signs, or a combination of thereof. Structures that are located on a corner so as to face two (2) streets may have one (1) additional sign. Said additional sign shall be no larger than seventy (70) percent of the largest sign.
(2)
There shall be no general advertising sign.
(3)
No sign shall exceed one hundred (100) square feet in size.
(4)
No sign that projects from the building shall be larger than twenty-five (25) square feet.
(5)
Each sign shall be compatible with adjoining signs and shall not compete for attention.
(6)
There shall be no animated signs.
(7)
No sign shall be closer than twenty-four (24) inches to the adjacent property lines.
(8)
No sign shall obscure any significant architectural feature of the building or site.
(9)
All signs shall be appropriate for an early twentieth century southern town.
(Ord. No. 755, § 1, 2-10-14)
The following height requirements shall be applicable to signs located in nonresidential zoning districts:
(1)
No ground sign shall exceed eighteen (18) feet in height at the highest point on the sign.
(2)
All sign heights shall be measured from the grade level of the center line of the adjacent street to which the property on which the sign is located has access. The level of the ground shall not be altered in such a way as to provide additional sign height.
(Ord. No. 755, § 1, 2-10-14)
(a)
No freestanding sign may be located within thirty (30) feet of the intersection of street right-of-way lines extended.
(b)
No sign shall be located on any building, fence or other property belonging to another person without the consent of the owner, and as permitted under the provisions of this article.
(c)
Billboard signs.
(1)
Billboard signs shall not exceed two hundred forty (240) square feet of sign area. Billboard signs shall not exceed fourteen (14) feet in height or twenty (20) feet in length.
(2)
Billboard signs shall only be located on parcels in commercial or industrial zoning areas.
(3)
Billboard signs shall only be located on parcels adjacent to designated state or federal highways and shall be oriented only towards those highways.
(4)
No billboard sign shall be located within [a] one-thousand-three-hundred-foot radius of another billboard sign, measured from the closest points on each sign.
(5)
No billboard sign shall be located within three hundred (300) feet of a single-family residence upon a lot zoned residential.
(6)
No billboard sign shall be located within five hundred (500) feet in any direction of a public park, public playground, public recreation area, public forest, scenic area, or cemetery; provided, however, that such sign may be located within five hundred (500) feet of a public park, public playground, public recreation area, public forest, scenic area, or cemetery when the sign is separated by buildings or other obstructions so that the sign located within the five-hundred-foot zone is not visible from the public park, public playground, public recreation area, public forest, scenic area, or cemetery.
(7)
No billboard sign shall be erected to a height in excess of thirty-six (36) feet.
(8)
Billboard signs shall be allowed to utilize multiple message technology to the extent permitted by the Georgia Department of Transportation.
(d)
Ground signs. Ground signs shall not exceed one hundred twenty (120) square feet of total area, which shall include signage and structure, and shall be limited to one (1) such sign per parcel per street frontage.
(e)
Wall and awning signs.
(1)
Wall and awning signs shall not project above the parapet wall.
(2)
Wall signs shall not project beyond the building face. Awning signs shall not project beyond the building face by more than six (6) feet.
(3)
Wall and awning signs shall not exceed a sign area of two hundred (200) square feet or twenty (20) percent of the wall face of the premises to which the sign relates, whichever is less, on each street facing wall.
(4)
Wall signs shall only be located on property in commercial or industrial zoning areas.
(5)
Each building tenant shall be limited to one (1) wall or awning sign on each street facing wall.
(f)
Maximum aggregate sign area. Parcels may contain more than one (1) freestanding sign, provided that:
(1)
Parcels exceeding three (3) acres shall be allowed a maximum aggregate sign area of three hundred (300) square feet for the entire parcel.
(2)
Parcels less than three (3) acres but greater than thirty thousand (30,000) square feet shall be allowed a maximum aggregate sign area of one hundred eighty (180) square feet for the entire parcel.
(3)
Parcels less than thirty thousand (30,000) square feet in size shall be allowed a maximum aggregate sign area of one hundred twenty (120) square feet for the entire parcel.
(4)
These limits shall not include the area of any wall signs, window signs or billboard signs located on the parcel.
(5)
These limits shall include the area of all ground signs on the parcel.
(Ord. No. 755, § 1, 2-10-14)
(a)
All signs for which a permit is required under this article shall be constructed and maintained in accordance with the provisions of the city building code.
(b)
Signs for which a permit is not required under this article that are constructed of degradable material may be posted for a maximum of sixty (60) days unless replaced with another sign of the same material. Any such replacement signs may be posted for a maximum of sixty (60) days.
(Ord. No. 755, § 1, 2-10-14)
(a)
Nonconforming signs, which met all legal requirements when erected, may stay in place, provided that within ninety (90) days of the effective date of this article the owner of the nonconforming sign or the owner's agent registers the sign with the city. Such registration shall contain the information listed in [this article] and shall specify the sign being registered as nonconforming and shall state that the sign was completely installed before the effective date of this article. The payment of a fee is not required for the registration of a nonconforming sign; however failure to register shall be considered an offense and may be punished as any other ordinance violation. Nonconforming signs shall be permitted until one (1) of the following conditions occurs:
(1)
The deterioration of the sign or damage to the sign makes it a hazard or unsightly; or
(2)
The sign has been damaged by circumstances beyond the control of the owner to the extent that more than minor repairs are required to restore the sign; provided that signs damaged by Act of God and not due to the owner's action may be restored to their predamaged condition, provided that the useful life of the signs is not extended.
(b)
No structural repairs except those permitted pursuant to subsection (a)(2) above change in shape, size or design, shall be permitted except to make a nonconforming sign comply with all requirements of this article.
(c)
A nonconforming sign may not be replaced by another nonconforming sign except where changed conditions beyond the control of the owner render the sign nonconforming or warrant the sign's repair.
(Ord. No. 755, § 1, 2-10-14)
Variances shall be limited to the minimum relief necessary to overcome the hardship. No variance shall be granted to allow a greater number of signs than would be allowed if the hardship did not exist. A variance from compliance with the sign regulations of this article shall be limited to the following hardship situations:
(1)
Standards.
a.
Where visibility of a conforming sign from the public street and within fifty (50) feet of the proposed sign would be substantially impaired by existing trees, plants, natural features, signs, existing buildings or structures on a different lot; and
b.
Placement of the sign elsewhere on the lot would not remedy the visual obstruction; and such visibility obstruction was not created by the owner of the subject property; and the variance proposed would not create a safety hazard to traffic.
(2)
Variance applications shall be submitted to the city council and shall be heard under the same time frames and rules governing appeals under this article.
(Ord. No. 755, § 1, 2-10-14)
(a)
The following types of signs shall be exempt from the permit requirements of this article:
(1)
Nonilluminated signs, having a sign area of less than fifteen (15) square feet, provided they are not located in the public right-of-way.
(2)
Window signs installed for purposes of viewing from outside the premises. However, such signs shall not exceed thirty (30) percent of the available window space.
(3)
Numerals displayed for purposes of identifying property location and not exceeding four (4) inches in height in residential districts and ten (10) inches in height in nonresidential districts.
(4)
Seasonal displays located outside of the public right-of-way that are erected for a maximum period of thirty (30) days.
(Ord. No. 755, § 1, 2-10-14; Ord. No. 757, § 1, 3-24-14)
Illumination for signs shall not cast light on adjoining property or shine in such a manner as to cause traffic interference. An illuminated sign shall not flash or simulate movement.
(Ord. No. 755, § 1, 2-10-14)
(a)
All signs shall be maintained in good condition as to present a neat and orderly appearance. The city may, after due notice, issue a citation to any permittee for any sign which shows gross neglect or becomes dilapidated. Such due notice shall be in writing, shall specify the sign and location, and shall state that the sign has not been properly maintained. The city shall give the permittee thirty (30) days to rectify the condition or remove the dilapidated sign before issuing a citation.
(b)
The city may issue a citation for violation of this article by any sign erected, altered, converted, or used in violation of this article.
(c)
Any person violating any provision of this article shall be liable for a fine of up to two hundred dollars ($200.00) for each violation. Each day a sign is posted in violation of this article shall constitute a separate violation.
(Ord. No. 755, § 1, 2-10-14; Ord. No. 757, § 2, 3-24-14)
The following type of murals shall be permitted within the City of Cairo: (a) historic murals; (b) original art murals; and (c) limited message 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 within this article.
(a)
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 [from which this section derives]. Murals that recreate a historic image bearing a relationship to a historic Cairo theme established after the date of adoption of this ordinance [from which this section derives] constitute historic murals. Original historic murals and recreations of historic images are permitted.
(b)
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. Original art murals may be mechanically produced or computer generated prints or images, but shall not include the use of digitally printed vinyl. Original art murals cannot contain text, graphics, or symbols that advertise or promote a business, product, or service; or promote a political candidate or party. Original art murals shall comply with the following standards:
(1)
Original art murals shall not contain a commercial or non-commercial message.
(2)
The mural shall remain in place, without alteration, a minimum of five (5) years. The applicant shall attest to this standard on 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 (6) inches from the plane of the wall upon which it is titled, pained, or affixed.
(5)
Only oil based alkyd enamel or polyurethane enamel, or newer one hundred (100) percent acrylic exterior paints shall be used to create murals.
(6)
Murals executed using spray paint shall be limited to air brushing to ensure that high quality paint is used.
(7)
An appropriate clear sealer or a suitable varnish or topcoat shall be applied to the finished mural. Graffiti resistant sealers should be chosen.
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)
Limited message murals. Limited message murals are murals that are painted on or applied to and made integral with a building wall or free-standing wall that contain a graphic or written message. Limited Message Murals shall comply with the following standards:
(1)
Limited message murals may contain a graphic or written message not exceeding fifty (50) percent of the width of the building façade, provided that no such graphic or written message shall have an area exceeding ten (10) percent of the building façade area as measured at the exterior dimension of the graphic or written message and framing.
(2)
The mural shall remain in place, without alteration, a minimum of five (5) years. The applicant shall attest to this standard on 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 (6) inches from the plane of the wall upon which it is tiled, painted, or affixed.
(5)
Only oil based alkyd enamel or polyurethane enamel, or newer one hundred (100) percent acrylic exterior paints shall be used to create murals.
(6)
Murals executed using spray paint shall be limited to air brushing to ensure that high quality paint is used.
(7)
An appropriate clear sealer or a suitable varnish or topcoat shall be applied to the finished mural. Graffiti resistant sealers should be chosen.
The following forms of limited message 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.
(Ord. No. 827, § 3, 3-8-21)
All murals shall be approved by the mayor and council following review and approval by the downtown development authority/main street program design review committee following submission of an application to the downtown development authority.
(a)
The standards to be utilized by the downtown development authority to approve a mural shall include the following:
(1)
The size, scale, and relationship of a mural to the historic context in the case of historic murals. Original art murals and limited message murals may or may not bear any relationship to the Cairo context.
(2)
Repainting of historic advertising shall be guide by exacting documentation concerning the mural.
(3)
A permanent plan for maintenance and exact repainting according to the plan of the original artist shall be submitted with the applications. The exact matching of color and application technique shall be specified in the plan.
(4)
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.
(5)
The standards of this division applicable to each mural type shall be considered.
(Ord. No. 827, § 3, 3-8-21)
The failure of applicant to comply with this ordinance [from which this section derives] 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 and appearance.
(Ord. No. 827, § 3, 3-8-21)