This article shall be known and may be referred to as the "Sign Ordinance of the City of Calhoun."

(Ord. No. 927, § 1, 11-25-2013)

This article is enacted pursuant to the general police powers of the city and other authority provided by federal, state and local laws applicable hereto.

(Ord. No. 927, § 1, 11-25-2013)

The mayor and city council find that there presently exists 98 miles of roads, streets, primary highways, and interstate highways within the city limits of which 12.77 miles are part of the primary highway system and 5.2 miles are part of the interstate highway system. There are presently 28 signs which can be categorized as billboards currently erected along and visible from I-75 and more than 17 similarly defined signs currently erected along and visible from the primary highway systems which pass through the city.

The mayor and city council find that the number, size, design characteristics, and locations of signs in the city directly affect the public, health, safety, welfare and property values in the community. The mayor and city council find that signs can become excessive, and that many signs are distracting and dangerous to motorists and pedestrians, may be confusing to the public, and substantially detract from the beauty and appearance of the city and associated property values. The mayor and city council finds that there remains a substantial need directly related to the public health, safety and welfare to comprehensively address these concerns through the adoption of these regulations contained in this Code.

The purpose and intent of the mayor and city council in enacting the following regulations are as follows:

(a)

To protect the health, safety, and general welfare and property values of the citizens of the city through the enactment of a comprehensive set of regulations governing signs in the city.

(b)

To regulate the erection and placement of signs within the city in order to provide safe operating conditions for pedestrian and vehicular traffic without unnecessary and unsafe distractions to drivers and pedestrians.

(c)

To preserve the value of property on which signs are located and from which signs might be viewed.

(d)

To maintain an aesthetically attractive city in which signs are compatible with the surrounding area.

(e)

To maintain for the residents, workers, and visitors a safe and aesthetically attractive environment and to advance the aesthetic interests of the city.

(f)

To establish comprehensive sign regulations that effectively balance legitimate business and developmental needs with safe and aesthetically attractive environment for residents, workers, and visitors to Calhoun.

(g)

To provide fair and reasonable opportunities for the identification of businesses that are located within the city and to provide for the identification of the availability of products, goods, or services to promote economic vitality.

(h)

To ensure the protection of free speech rights under the State of Georgia and United States Constitutions within the city.

(i)

To establish a permit system to allow specific types of signs in zoning districts that are consistent with the uses, intent and aesthetic characteristics of the areas where the signs are to be located.

(j)

To allow certain signs that are of appropriate size, safe, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this article but without a requirement for permits.

(k)

To provide for temporary signs in certain circumstances.

(l)

To place reasonable controls on nonconforming signs that are by definition contrary to the public health, safety, and welfare while protecting the constitutional rights of the owners of said nonconforming signs.

(m)

To prohibit all signs that are not expressly authorized by this article, to provide for the maintenance of signs, and to provide for the enforcement of the provisions of this article.

(Ord. No. 927, § 1, 11-25-2013)

(a)

It shall be unlawful for any persons to erect, construct, enlarge, move, alter or convert any sign or cause the same to be done within the city except in accordance with the provisions of this ordinance.

(b)

Non-commercial speech protected under the First Amendment of the United States Constitution and the Constitution of the State of Georgia shall be regulated by this ordinance only as to size of signage containing speech, the number and location of such signs, and such other reasonable time, place, and manner restrictions as are set forth in this Code. Any sign or structure used solely for the purpose of displaying a protected non-commercial message or protected non-commercial speech is exempt from all other aspects of this ordinance. Except, however, all sign structures shall remain subject to the City of Calhoun building codes, zoning requirements, and other relevant laws.

(c)

Protected non-commercial speech shall be permitted in any place commercial speech is permitted by this ordinance. Any sign provided for in any zoning district may contain non-commercial messages. To the extent any conflict arises between this provision and any other language found in this ordinance, this provision shall control.

(d)

Any sign or structure erected for the purpose of displaying a protected non-commercial message or protected non-commercial speech shall not be used for a commercial message or commercial speech unless such sign or structure is erected in conformance with all requirements of this ordnance and has received a sign permit as required by this ordinance.

(e)

For purposes of this ordinance a "non-commercial message" or "non-commercial speech" shall mean any message or speech that does not meet the definition of "commercial message of commercial sign" as defined by subsection 10.2(18) of this ordinance. Nothing herein shall be construed to prohibit a prosecution for violation of a criminal statute by the city or other duly constituted governmental authority or a civil action by the city or other private person or entity.

(Ord. No. 927, § 1, 11-25-2013)

The words used in this ordinance shall have their normal meanings except as set forth below:

(1)

Abandoned sign. A sign shall be considered abandoned when the activity, message, business, product or service advertised is no longer conducted, available, or stated.

(2)

Animated signs with illumination or effects. A sign which contains the appearance of movement to depict action or to create a special effect or scene, including any electronic sign which contains anything other than static messages or changes its messages more often than permitted by this ordinance. This definition does not include signs that indicate only time and/or temperature and/or stated electronic message provided such time/temperature/message signs do not change more than 12 times a minute.

(3)

Area identification sign. A sign, free-standing or affixed to a wall which identifies a development, such as a shopping center, office or industrial park, or a residential subdivision or multiple-family project.

(4)

Area of sign (or sign area). The area of the face of the sign within a perimeter which forms the outside shape including any decorative trim or frame which forms an integral part of the display, but excluding the base or necessary support or uprights on which the sign may be placed.

(5)

Awning/canopy. A permanently affixed or installed cloth or canvas covering which hangs from a building facade or projects over the public walkway for beautification or shelter.

(6)

Awning sign. A sign, symbol, trademark or other message written on an awning attached to a wall. Awning signs are included in the definition of wall signs.

(7)

Banner. A sign of lightweight fabric, plastic, or other similar material other than paper that is intended to be hung either with or without a frame, possessing characters, letters, illustrations or ornamentation. These signs are of a temporary nature and must be secured or mounted at all corners to a structure or suspended between two poles. National flags, state and municipal flags, and official flags of businesses, institutions, or other organizations shall not be considered banners for the purposes of this ordinance.

(8)

Billboard. Any sign which shall not exceed a maximum sign area of 672 square feet. A billboard shall not exceed a height of 25 feet (excluding properties in a quadrant or extended quadrant).

(9)

Block out zone. An area that is measured from the intersecting points of the edge of a public right-of-way, street, road, highway, railroad right-of-way or driveway entrance into or exit from any public road extending 20 feet along the edge of same in each direction and closed so as to form a triangle in the corner created by the intersection.

(10)

Buildable area of lot. That area of a lot within the building setback lines as set by the City of Calhoun Zoning Ordinance within which a principal building or structure may be erected.

(11)

Building facade area. The height of the facade multiplied by the width of the facade equals the facade area.

(12)

Building setback line. The minimum yard requirement adjacent to any public street or property line set by the City of Calhoun Zoning Ordinance beyond which no part of a principal building or structure may be erected.

(13)

Bulletin board. A sign at a place of public assembly used to announce activities.

(14)

Bunting. A long colored strip of cloth or other pliable material used for festive decorations containing no message, logo or emblem and must be attached to the structure.

(15)

Canopy (or marquee). A permanent roof-like shelter extending from part or all of the building face and constructed of some durable material such as fabric, metal, glass or plastic.

(16)

Canopy sign. A sign affixed to, imposed upon or painted on any permanent roof-like structure extending over a driveway or vehicle access area. Such signs may be mounted flush or suspended. A lush canopy sign is one that is mounted in such a manner that a continuous face with the canopy is formed. A hanging canopy sign is one suspended from or beneath the canopy.

(17)

Changeable copy.

(a)

Manually. A sign on which copy or sign panels may be changed manually in the field, such as boards with changeable letters or changeable pictorial panels.

(b)

Electronically. A sign on which copy or sign panels may be changed electronically from either in the field, or a centralized location, with changeable letters, graphics, logos or pictorial elements.

(18)

Commercial message of commercial sign. Any sign, wording, logo, or other visual representation that directly or indirectly identifies, names, advertises, or directs attention to a business operated for profit, or to a product, commodity, or service for sale or lease, to any other commercial interest or activity, or is otherwise intended to induce the purchase of goods, commodities, products, property, or services.

(19)

Copy. The wording, designs and other advertising display on a sign surface.

(20)

Copy area. The area in square feet that describes the total area occupied by the actual copy of a sign.

(21)

Commemorative. A sign that identifies a site of memorable public interest.

(22)

Construction sign. A temporary sign identifying a building or construction site and the architects, engineers, financial institutions, contractors and suppliers involved.

(23)

Double-faced signs. A sign which has two display areas against each other or where the interior angle formed by the display area is 60 degrees or less, where one face is designed to be seen from one direction and the other face from another direction.

(24)

Dilapidated or neglected signs. A sign (including sign structure) will be dilapidated or neglected if it does not present a neat and orderly appearance, which may be manifested by the following: rust or holes on or in the sign, or broken, missing, loose, or bent parts, faded or flaking paint, or non-operative or partially operative illumination.

(25)

Directional: Providing instructions for travel to or indicating the location of a place or event, whether by words, arrows or other symbols.

(26)

Electronic interstate or highway sign. These are electronic signs that are adjacent or visible from any interstate highway or state highway that is located within the municipal limits.

(27)

Electronic sign. A static message only, and shall not have any movement nor flashing on any part of the sign structure, design, or pictorial segment of the sign, nor shall such sign have varying light intensity during the display of any single message. Such signs may contain messages that may be changed at intervals by electronic process or by remote control. Said messages are displayed through the use of LED, LCD, plasma or other similar type panels or screens, including devices known as commercial electronic message signs and similar devices.

(28)

Extended Interstate I-75 quadrant. Any one of four rectangular areas of land located at each interchange with Interstate 75. The area begins 500 feet from the point where the pavement widens to accommodate the exit or entrance on the main traveled way, and extends for 2,035 feet along and adjacent to the Interstate DOT right-of-way. Said quadrant shall be 660 feet in width.

(29)

Facade. The exterior surface or face of a building. The front facade is the building wall, which contains the primary entry of the building. The side facade means the exterior walls other than the main or front view.

(30)

Flags. Any fabric, plastic or similar material containing distinctive colors, patterns, or symbols and which are used as an official symbol of any government, business, institution, or organization.

(31)

Flashing. A pattern of changing light illumination where the sign illumination alternates suddenly between bright illumination and fully non-illuminated for the purpose of drawing attention to the sign. The terms "flashing" excludes illuminated signs, which indicate only time and/or temperature provided that such time/temperature signs do not change or alternate messages more than 12 times a minute.

(32)

Flashing sign. A sign, the illumination of which is not kept constant in intensity at all times when in use, and which exhibits marked changes in lighting effects.

(33)

Freestanding sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

(34)

Ground level/grade level. Means street level.

(35)

Ground sign. A free-standing sign connected, attached, secured or otherwise permanently affixed to the ground. This may include monument-style signs, pole signs, billboards, or similar signs affixed to the ground.

(36)

Height. The measure in linear feet from the highest point on the sign to the unaltered elevation of the ground at the base of the sign or directly beneath the sign. At the election of the permit holder, the height of a sign may be measured from the highest point on the sign to the level of the nearest road from which the sign is intended to be viewed.

(37)

Illuminated signs, direct. A sign designed to emit light.

(38)

Illuminated signs, indirect. A sign on which light is cast from a source other than the display area.

(39)

Includes. Denotes a partial definition.

(40)

Indecent material. Material is indecent if the sign depicts the following portions of human anatomy:

(a)

Any portion of the female breast below the top of the areola;

(b)

Any portion of the male or female pubic hair, anus, cleft of the buttocks, vulva and genitals.

(41)

Individual establishment. A non-residential structure containing an office, business, store, shop, facility, institution, or groups thereof where the primary access point for the employees, tenants and customers is by a collective entryway instead of individual doorways to the outside. This includes buildings with multiple tenants provided the building's principal means of access is provided by common entry points.

(42)

Inflatable advertising devices. Includes air or gas filled signs, figures or balloons used for advertising purposes.

(43)

Interior sign. Signs intended to be viewed from the interior of a building.

(44)

Interstate highway. I-75 and any road of the state highway system which is a portion of the National System of Interstate and Defense Highways, as officially designated or as may hereafter be so designated by the Georgia Department of Transportation and approved by the United States Secretary of Transportation pursuant to 23 U.S.C. section 103, or any limited access highway as officially designated or as may hereafter be so designated by the Georgia Department of Transportation and approved by the United States Secretary of Transportation pursuant to the provisions of 23 U.S.C. Section 103.

(45)

Legal lot of record. A lot that meets the legal requirements set forth for the applicable zoning district.

(46)

Lot or parcel. Contiguous parcel(s) of land, legally platted and recorded as a legal lot of record, in single or common ownership, and not divided by a public street.

(47)

Monument-style sign. A sign other than a pole sign, in which the face of the sign is permanently mounted on an enclosed decorative base of brick, stucco, or rock and with a frame of brick, stucco, or rock within which advertising panels or copy area are contained.

(48)

Major thoroughfare. A street or highway having a right-of-way of 60 feet or more.

(49)

Nonconforming sign. Any lawfully erected sign, which, on the effective date of this ordinance, fails to comply with the requirements of this ordinance.

(50)

Normal maintenance and repair. Normal maintenance and repair includes painting and cleaning. However, normal maintenance or repair conclusively does not include any structural alternation, any modification that requires a building permit or any alternation that costs in excess of 50 percent of the value of the sign prior to such maintenance and repair. For purposes of this definition, the value of the sign shall be the replacement cost of the sign structure. The valuation of the sign as shown on the records of the tax assessor shall be presumed to be the replacement cost. If no amount appears in the records of the tax assessor for the individual sign, then the amount stated as the value of the sign on the original sign permit application shall be presumed to be the replacement cost. These presumptions of replacement costs may be rebutted by a city approved appraisal.

(51)

Obscene material. Material is obscene if all of the following apply:

(a)

To the average person, applying contemporary community standards, taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex, or excretion; and

(b)

The material taken as a whole lacks serious literary, artistic, political, or scientific value; and

(c)

The material depicts or describes, in a patently offensive way, sexual conduct specifically defined in subparagraphs (1) through (5) of this paragraph:

(1)

Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated;

(2)

Acts of masturbation;

(3)

Acts involving excretory functions or lewd exhibition of the genitals;

(4)

Acts of bestiality or the fondling of sex organs of animals; or

(5)

Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship.

(52)

Owner. Includes any person having possession of or control of a sign or owner of record of real property.

(53)

Permanent sign. Any sign attached to land or a building, roof, wall, awning, canopy, etc., by means of concrete, bolts, metal braces, wood, etc. and has a valid sign permit.

(54)

Pole sign. A sign that is mounted on a freestanding pole, pylon or other supports so that the bottom edge of the sign face is three feet or more above grade level and is independent of any other structure.

(55)

Portable display sign. Any sign not permanently affixed to the ground, including signs mounted or designated to be mounted on a trailer-type frame or portable wood or metal frame. Portable display signs are not included in the definition of freestanding signs.

(56)

Primary highway. Any road of the state highway system which is a portion of connected main highways, as officially designated or as may hereafter be so designated by the Georgia Department of Transportation and approved by the United States Secretary of Transportation pursuant to 23 U.S.C. Section 103.

(57)

Prohibited sign. Any sign, other than a legal nonconforming sign, not conforming to this ordinance.

(58)

Public interest signs. Sign in the public interest, erected by, or on the order of, a public officer in the performance of his or her duty such as public notices, safety signs, traffic and street signs, memorial plaques, and the like.

(59)

Projecting signs. A sign that is attached perpendicular to a building and extends horizontally from the plane of the building wall.

(60)

Property frontage. That portion of any lot or parcel of land which is bounded by the right-of-way of a public street, major thoroughfare, primary highway, or interstate highway (also sometimes referred to as "frontage").

(61)

Roof line. The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

(62)

Roof sign. A sign erected, constructed, or maintained above the roof of any building. The sign or copy area shall not extend beyond the pitch boundaries or extremities of the roof-line. Square footage to be calculated the same as wall signage and will be deducted from the allowable wall sign area. Permit applications shall be accompanied by a site plan, which shall be stamped by a registered engineer or architect as to dimensions, above requirements, and structural integrity.

(63)

Rotating sign. Any sign or portion of a sign that moves in a revolving or similar manner.

(64)

Sidewalk or sandwich board sign. A movable sign not secured or attached to the ground or surface upon which it is located. Placement is in the pedestrian zone directly adjacent to the building or structure. They shall contain as a part of the total sign area a changeable copy board (e.g. a chalk board or dry-erase board) for information that changes no less frequently than every 48 hours such as daily specials, menus, sale items, sermon topics, guest attendees, or entertainment options. Said signs shall not exceed three feet in height and shall not be wider than two feet in width. All such signs shall be double faced.

(65)

Sign. Any identification, description, illustration, symbol, statute or device, illuminated or non-illuminated, that is visible from any public place designed to advertise, identify, or convey information, including any landscaping where letters or numbers are used for the purpose of directing the public's attention to a product or location, with the exception of window displays and state or national flags, but including illuminated framing of windows or canopies or other illuminated strips or buildings, structures or signs. For the purpose of removal, sign shall also include all sign structures.

(66)

Soffit sign. A sign that hangs or is suspended beneath the cover of a walkway or beneath a support extending from a building.

(67)

Temporary advertising device. Banners, feather banners, streamers, pennants, balloons, inflatable advertising devices, string of lighting and similar advertising devices used during special events, temporary sales, or activities of limited duration on private property.

(68)

Visible. Means capable of being seen (whether or not legible) without visual aid by a person or normal visual acuity.

(69)

Wall sign. A sign, including an awning sign, permanently attached to the exterior wall of a building.

(70)

Window sign. A sign painted upon or affixed as to be visible through a window.

(71)

Zoning district. The zoning designation of parcels of land under the City of Calhoun Zoning Ordinance.

(72)

Zoning district DBD. Downtown Business District as officially designated by the mayor and council of the City of Calhoun (also identified in this ordinance as the C-1 and C-2, Central Business District).

(73)

Zoning district HD. The Historic District established by Chapter 60 of the Code of Calhoun (the specific geographical description being found in section 60-53, Designation of historic district; boundary descriptions).

(74)

Zoning district HIE. The Highway Interstate Exchange zone are those properties that are directly adjacent to either a federal or state highway and the physical interchange with I-75. The following areas shall be considered Zoning District HIE for the purposes of this ordinance:

(a)

US 53. The Zoning District HIE US 53 shall be limited to all of the properties that directly abut US 53, or have a primary point of ingress/egress on the highway, and shall be confined to no more than 100 yards west of the Richardson Road intersection, thence traveling east on the highway, and thus ending no farther than 100 yards east of the Outlet Center and Lover's Lane intersection.

(b)

All other intersections of any municipal road, federal highway, or state highway and Interstate 75 shall be subject to the applicable municipal design guidelines to be adopted by the mayor and city council.

(Ord. No. 927, § 1, 11-25-2013; Ord. No. 930, § 1, 4-14-2014; Ord. No. 951, § 1, 9-12-2016)

Unless a more restrictive setback is specified in conditions or zoning or in this ordinance, all signs shall be set back at least ten feet from all property lines or 20 feet from the edge of pavement if a private street. Except as otherwise provided in this article, the following general stipulations shall also apply to all signs:

(a)

What signs are covered. Unless specifically excluded herein, this ordinance shall govern any sign erected, maintained or located in the City of Calhoun. Signs wholly located within a structure or building and which are intended to be viewed from the interior of the building are not regulated by the ordinance.

(b)

Definitions and specific provisions. The names of sign types and other words have special meanings in this ordinance. Consult the definitions section of this ordinance and the other specific provisions to determine the meaning of words and the regulations that apply to each type of sign.

(c)

Other laws still apply. All signs shall comply with all federal, state, and city laws, ordinances, codes, and rules. Compliance with the terms of this ordinance shall not operate to relieve any individual, corporation or other entity of any other duty imposed by law.

(d)

Geographical applicability. The provisions of this ordinance shall apply to all of the property located within the municipal limits. Three special zones are contained within this area that require additional or specified restrictions on signage, to wit:

(1)

The Downtown Business District, as defined and regulated later in this article;

(2)

The Historic District, as defined and established by section 60-53, Designation of historic district; boundary descriptions, of the Calhoun Code; and

(3)

The interchanges of state or federal highways and the federal interstate system that are located within the municipal limits which are designated as Highway Interstate Exchange zones.

(e)

Maintenance and appearance of signs. All signs shall be maintained in good condition and present a neat and orderly appearance. Any sign showing gross neglect, or which becomes dilapidated, or which is surrounded by an unmaintained ground area, may be required to be repaired or removed as set forth below. The code enforcement officer or building inspector, upon finding any of such conditions, shall give the owner a minimum of ten days written notice to correct the deficiencies or to remove the sign or signs. If the owner refuses to correct the deficiencies or remove the sign, the code enforcement officer or building inspector may issue a citation under the enforcement provisions of this article, or the Code of Calhoun.

(f)

Illumination of signs. The light from the illuminated sign shall not be of an intensity or brightness that interferes with the peace, comfort, convenience, and general welfare of residents or occupants of adjacent or nearby properties.

(g)

Property rights of others must be respected. Issuance of a permit hereunder shall not serve to waive any applicable protective covenants or private rights of property ownership. All permits issued or signs erected remain subject to the criminal penalties and restrictions contained and outlined in O.C.G.A. § 16-7-58. Placement of posters, signs, or advertisements on public or private property without permission.

(h)

Safety. At a minimum, no sign or other obstruction of vision, including but not limited to poles or other support structures, with a height greater than three feet, shall be permitted within an area beginning at the intersection of any right-of-way lines of any streets, roads, highways, driveways, curb cuts or railroads, and extending 20 feet along each such right-of-way, and closed by a straight line connecting the end points of the said 20-foot sections of the right-of-way lines (block out zone).

(i)

Signs shall not be similar to traffic control devices. No sign or illumination shall be used, constructed, maintained or located at any location where it may interfere with or obstruct the view of an authorized traffic control device. Nor shall any sign be used, constructed, maintained, or located where it, by reason or its position, shape, wording or color, may be confused with an authorized traffic control device or emergency vehicle device or markings.

(j)

Lights. Series, lines or rows of lights supported by cables or other physical means typically associated with auto sales lots shall be a minimum of 25 feet from the edge of the street or out of the right-of-way, whichever is farthest from the street.

(k)

Electrical and structural safety. All electrical signs and all electrical devices that illuminate signs or otherwise operate signs are subject to approval of the City of Calhoun Building Inspector or his designee. All such signs and electrical devices shall only be allowed if listed by an approved testing laboratory or agency and installed in conformance with that listing. All signs shall be built in compliance with all applicable building and electrical codes.

(l)

Content of sign. This ordinance shall not regulate the specific content of signs. Any sign, display or device allowed under this ordinance may contain commercial or noncommercial copy unless otherwise specified herein, except that such copy shall not contain obscene or pornographic material or advertise an illegal activity. This ordinance will, in no way, infringe upon any person's constitutional rights.

(m)

Expiration of permit. A sign permit shall expire six months after the issuance of the permit if construction of the sign has not commenced within that time. A sign permit shall expire 12 months after the issuance of the permit if construction of the sign is not completed within that time. If construction has not begun or been completed as required by this subsection, then a new application must be submitted and the permitting process commenced anew.

(n)

Structural/safety. Any sign within this ordinance attached to a building must meet the City of Calhoun Building Code Requirements.

(o)

Changeable copy signs (manual). Such signs shall be allowed only as an additional to or in conjunction with a permitted freestanding sign and must be permanently affixed to said sign. Changeable copy signs shall not be allowed to stand alone. Such signs shall be deducted from allocated freestanding sign area.

(p)

Clearance from high voltage power lines. Signs shall be located not less than 12 feet horizontally or 13 feet vertically from overhead electrical conductors which are energized in excess of 750 volts. Signs located in the vicinity of electrical conductors energized with less than 750 volts shall maintain clearances in accordance with the National Electric Safety Code. Copies of said code are on file with the building inspector. In no case shall a sign be installed closer than 36 inches from any electrical conductor or public utility guy wire.

(Ord. No. 927, § 1, 11-25-2013; Ord. No. 930, § 2, 4-14-2014)

(a)

The city finds that nonconforming signs may adversely affect the public health, safety and welfare. Such signs may adversely affect the aesthetic characteristics of the city, and may adversely affect public safety due to the visual impact of said signs on motorists and the structural characteristics of said signs. It is policy of the city to encourage compliance of all signs within the city with the terms and requirements of this ordinance. This provision shall not have the effect of excusing any violation of any other ordinance, chapter, or section, nor shall this provision have the effect of permitting the continued existence of any unsafe sign or any sign that is not in a good state of repair.

(b)

Signs lawfully existing on the effective date of this ordinance, which do not conform to the provisions of this ordinance upon the date of enactment/adoption, shall be deemed to be legal non-conforming "grand-fathered" signs and may remain under the terms of this section.

(c)

Nothing in this section shall be deemed to prevent keeping in good repair a non-conforming sign. No repairs other than minor maintenance and upkeep of non-conforming signs shall be permitted except to make the sign comply with the requirements of this ordinance. A non-conforming sign that has been declared by the building inspector of the City of Calhoun to be unsafe because of its physical condition shall not be repaired, rebuilt, or restored unless such repair or restoration will result in a sign, which conforms to all applicable provisions of this ordinance.

(d)

The copy contained within the copy area of a "grand-fathered" non-conforming sign may be changed so long as such a change may not change, increase or otherwise alter either the height or sign area.

(e)

A non-conforming sign shall not be enlarged, structurally altered/reconstructed or substantially rebuilt except in conformance with this ordinance, but it may be repaired to the extent necessary to maintain it in a safe and sanitary condition. The sign shall not be rebuilt, altered or repaired after damage exceeding 50 percent of its replacement cost at the time of destruction, except in conformity with this ordinance;

(f)

A non-conforming sign shall not be moved for any distance on the same lot or to another lot unless such change in location will make the sign conform to the provisions of this ordinance, and meet the applicable permit requirements.

(g)

If a non-conforming sign is removed or discontinued for any period of time to exceed 180 [days], except for maintenance, the subsequent erection, modification, renewed use shall no longer be considered "grand-fathered." Any action taken outside of this period of time shall only be in accordance with the provisions of this ordinance.

(h)

When a non-conforming sign is destroyed, toppled, or structurally impaired by force majeure and such non-conforming sign cannot be restored through normal maintenance and repair as defined in this ordinance, this shall not constitute a sufficient reason for grant of a variance to re-erect the non-conforming sign.

(i)

Any sign permit approved and/or issued by the city prior to the enactment of this ordinance shall remain valid. However, the approved non-conforming sign construction shall be constructed within 120 days of permit approval or said permit shall expire.

(j)

Any modification of a non-conforming sign to convert to an electronic sign shall only be performed in accordance with the provisions of this ordinance.

(Ord. No. 927, § 1, 11-25-2013)

Any sign not specifically identified in this article as a permitted sign shall be prohibited. The following signs are prohibited in any zoning district in the City of Calhoun.

(1)

Any temporary advertising device except as specifically allowed under this ordinance.

(2)

Signs that produce noise or sounds capable of being heard even though the sounds produced are not understandable sounds. This provision does not prohibit radio transmissions used in conjunction with any sign.

(3)

Signs that emit visible smoke, vapor, particles or odors.

(4)

Signs that are erected or maintained upon trees, utility poles or painted or drawn upon rocks or other natural features.

(5)

Inflatable advertising devices except as specifically allowed under this ordinance.

(6)

Signs which purport to be, or are in imitation of, or resemble and official sign, traffic sign original.

(7)

Roadside bench, covered shelter or bus-shelter advertising signs.

(8)

Animated or flashing signs.

(9)

Search lights, beacons or similar devices.

(10)

Signs or other advertising structures that contain obscene or indecent material.

(11)

Roof signs except as otherwise allowed herein.

(12)

Rotating signs (excludes barber pole signs).

(13)

Signs which advertise an activity which is illegal under the laws of Georgia, federal laws or regulations, or any City of Calhoun ordinance.

(14)

Signs or advertising devices attached to any vehicle or trailer parked as so to be visible from a public right-of-way for the purpose of providing advertisements of products, services or events or directing people to a business or activity, except for a common carrier or other vehicle which is used for daily transportation with a valid license plate. Any allowable vehicle or common carrier having a sign attached thereto as a part of the operational structure of the vehicle is to be parked in a legal parking space belonging to the business or on the property to which the sign makes reference. No signs on trailers or other non-motorized vehicles will be allowed under this provision.

(15)

Signs placed in parking spaces, which are required to meet the minimum parking requirements.

(16)

Signs not in good repair, specifically including any sign, which is in a state of disassembly, or any sign that has its internal lighting exposed to view.

(17)

Abandoned signs, which advertise an activity, business, product or service no longer conducted or available.

(18)

Sign copy on litter receptacles, vending machines, or like structures, except for copy indicating products sold, dispensed, or distributed from within the structure upon which the sign copy appears (e.g. sign copy on vending machines shall be permitted if restricted to products sold, dispensed or distributed from the machine).

(19)

Twirling, sandwich-type, sidewalk or curb-type signs, and portable display signs, shall be prohibited.

(20)

No signs other than those belonging to local or state governments, public service agencies, railroads and the like shall be located in a public right-of-way.

(21)

Trailer signs: Changeable copy signs designed to be transported periodically from place to place or designed to be supported on wheels, whether or not such wheels have been removed are prohibited except as specifically allowed under this ordinance.

(Ord. No. 927, § 1, 11-25-2013)

(a)

Interpretation. The words used in this ordinance in the present tense shall include the future. Singular words include the plural, and plural words include the singular. For the sake of brevity, masculine and feminine pronouns shall be mutually inclusive and shall also include the neuter (i.e. corporations). Sub-headings and/or examples are inserted for the convenience of the reader and shall not operate to limit the effect of any provision.

(b)

Construction. The provisions of all other applicable city, state and federal laws shall apply. This ordinance shall not be construed to create a right to maintain a sign in violation of any other law, in violation of any protective covenant or in violation of the property rights or other rights of any person or entity. In the event that any provision of this ordinance regulates the same activity, conduct or any aspect of signage that is also regulated by city, state or federal law, then the provision most restrictive of signage shall govern. In the event that any provision of this ordinance is in genuine conflict with any state or federal law or requirement, the conflict shall be resolved in accordance with law.

(c)

Severability. The provisions, sections, paragraphs, sentences, clauses, phrases and terms of this ordinance are severable. In the event that any portion or any specific application of this ordinance is held to be unconstitutional or otherwise invalid, such invalidity shall not effect the other portions or other applications of this ordinance.

(Ord. No. 927, § 1, 11-25-2013)

(a)

Except as otherwise provided herein, no sign shall be used, constructed, maintained, located, replaced, expanded or relocated unless a sign permit has been issued by the City of Calhoun.

(b)

A new sign permit shall be required for any structural alterations, other than normal, maintenance and repair as defined in this ordinance.

(c)

No permit issued for a sign under the provisions of this ordinance shall be deemed to constitute permission or authorization to maintain any sign that violates any provision of this ordinance, any other ordinance, state law or federal law.

(d)

Any sign requiring a permit for which a permit has not been secured shall be removed immediately. Removal shall be the joint and severable responsibility of the sign owner, the sign erector and any party that procured the erection of the sign.

(Ord. No. 927, § 1, 11-25-2013)

All signs in this ordinance, regardless of location within the municipal limits shall require a permit, except for the following:

(a)

Numerals displayed for the purpose of identifying property location not to exceed eight inches in height;

(b)

Flags;

(c)

Window signs if contained within the interior of the location, business, organization, or residence;

(d)

Political campaign signs provided:

(1)

Such signs shall be located on privately owned property with a minimum of one foot setback from any publicly maintained right-of-way or easement, shall not be located in any medians and must be with proper authorization of the property owners; and

(2)

All signs with a copy area in excess of four square feet shall be removed within 30 days after the relevant election; and

(e)

Any bench, or similar structure which might contain a commercial or non-commercial message, of which said message is ancillary to the primary public purpose of said bench or structure, and when same is located entirely on private property and is not adjacent to any street right-of-way.

(Ord. No. 927, § 1, 11-25-2013; Ord. No. 930, § 3, 4-14-2014)

(a)

Permits shall be issued only to:

(1)

The owner of the real property where the sign is to be located;

(2)

A lessee who has the right to install or maintain a sign on the real property where the sign is to be located; or

(3)

The erector of the sign.

(b)

An applicant that is a lessee shall produce a copy of the lease or a written statement from the owner of the real property that the applicant has the right to maintain a sign on the property. A sign erector shall produce a copy of a current occupational tax certificate and proof of insurance or bond as required by the bond and insurance section of this ordinance. Application may be made by the owner, lessee or an agent of the owner or lessee.

(Ord. No. 927, § 1, 11-25-2013)

Application for a sign permit shall be filed with the city on forms furnished by the city. The application for a permit shall contain the identification and address of the property on which the sign is to be erected; the names, addresses and telephone numbers of the sign owner, sign erector, property owner, lessee (if applicable) and the agent making the application (if applicable); the type of sign as classified by this ordinance; and such other pertinent information as the city may require to insure compliance with the provisions of this ordinance and other applicable ordinances of the city. The city may require that the application be accompanied by two copies of the following: site plans showing location of structures upon the property on which the sign is to be located and the location of the sign in relation to the structures, property lines, public rights-of-way, and other signs, plans, specifications and structural details showing the type and manner of construction, attachment to buildings or in ground erection; and a visual representation of the completed sign. The city may require said plans to bear the signature and seal of a registered land surveyor, professional engineer, architect or land planner. Each application shall include a signed statement from the landowner or possessor of the property giving consent to entry into the property for the purpose of inspection and enforcement of this ordinance. If classification of the road on which the property fronts is of importance to the permit process, the city may require the applicant to submit certified documents from the Georgia Department of Transportation or the United States Department of Transportation or their successors regarding the classification of the road.

(Ord. No. 927, § 1, 11-25-2013)

Review of an application deemed to be complete by the city and notification to the applicant of either approval or denial shall in no case extend for a period of time exceeding 30 days from the date of the city's receipt of the completed application. Notification to the applicant can be made either by certified mail return receipt requested, by fax to the number provided on the application, or by hand delivery by the city marshal's office on or before the thirtieth day after the city's receipt of the application. Should the process exceed 45 days, it shall be deemed that the application is approved and the building inspector shall issue a permit to the applicant. Issuance of a permit shall in no way prevent the city from later declaring the sign to be illegal if the structure fails to substantially comply with the specifications submitted in the application or some new information of illegality or non-conformance is discovered.

(Ord. No. 927, § 1, 11-25-2013)

(a)

Grounds for denial. The building inspector shall deny all applications for signs that do not comply with this ordinance. Written notification to the applicant listing the reasons for denial shall be provided.

(b)

Revocation of permits and certificates. The building inspector may revoke a sign permit or certificate of compliance in those cases where an administrative determination has been duly made that false statements or misrepresentations existed as to material facts in the application or plans upon which the permit of approval was based.

(c)

Suspension of permits and certificates. The building inspector may suspend a sign permit or certificate of compliance where an administrative determination has been duly made that an error or omission on the part of either the permit applicant or a government agency existed in the issuance of the permit or certificate. A new permit or certificate shall be issued in place of the incorrect permit or certificate after correction of the error or omission.

(d)

Fees. The application for a permit shall be accompanied by the appropriate permit fee as established by the governing body of the City of Calhoun from time to time.

(Ord. No. 927, § 1, 11-25-2013)

There shall be no deviation from the terms of this chapter, unless the mayor and city council, acting as a body, have granted a variance. Variances from the provisions of this chapter may be applied for and granted in the same procedural manner as variances from the city zoning ordinance. For a variance to be granted from this chapter, each of the following must be shown:

(a)

No characteristics contrary to the public interest or this chapter will be promoted;

(b)

No resulting variance shall create an effect or condition contrary to the public safety and welfare;

(c)

Relief shall not impair the purposes of this chapter;

(d)

A unique hardship exists because of an extraordinary and exceptional condition(s) pertaining to the particular piece of property in question because of a characteristic of its size, shape, and topography; and

(e)

The condition causing the hardship is unique and is not common to the region in general.

Note: Economic or financial hardship alone may not be sufficient to support the grant of a variance. Signs that are nonconforming as of the effective date of this chapter shall be granted automatic variance with no further action required on the part of permit holders. Variance procedures shall apply to new signs erected thereafter.

(Ord. No. 927, § 1, 11-25-2013)

Any individual whose application has been denied or revoked may appeal the decision of the building inspector to the City of Calhoun Board of Zoning Appeals within 30 days of notification of denial or revocation. Once an applicant has notified the building inspector of their intent to appeal, a hearing will take place within 60 days of the appeal being filed with the building inspector. If a hearing cannot take place within the 60-day limit then the appeal is determined in favor of the applicant.

(Ord. No. 927, § 1, 11-25-2013)

(a)

Enforcement personnel. The enforcement of this ordinance shall be within the jurisdiction of the city's code enforcement personnel and all law and code enforcement personnel of the City of Calhoun. The enforcement personnel shall have such powers as are reasonably necessary to enforce and give effect to this ordinance.

(b)

Public nuisance. Any violation of this ordinance is hereby declared to be a public nuisance.

(c)

Maintenance and repair. Every sign including but not limited to those signs for which permits are required or for which no permits or permit fees are required, shall be maintained in a safe, presentable and good structural material condition at all times, including the repair or replacement of defective parts, painting, repainting, cleaning, and other acts required for the maintenance of said sign. The building inspector shall require compliance with all standards of this code. If the sign is not made to comply with adequate safety and maintenance standards, the building inspector shall require its removal in accordance with this section.

(d)

Abandoned signs. Except as otherwise provided in this ordinance, any sign which is located on property which becomes vacant and unoccupied for a period of three months or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months or more. Abandoned signs shall be removed by the owner of the premises on which the sign is located.

(e)

Dangerous or defective signs. No persons shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the premises or the owner of the sign. Upon failure of the owners to remove or repair a dangerous or defective sign, the building inspector shall proceed as described in subsection (i) of this article.

(f)

Unlawful signs. No person shall erect or permit to be erected any sign, which does not comply with the provisions of this ordinance.

(g)

Sign in right-of-way. Any sign located in or projecting over a public right-of-way at the time of the effective date of this ordinance which was subject to removal or relocation at the owner's expense, pursuant to a permit or other ordinance of the city, shall be removed by the owner or altered at the owner's expense to comply with the regulations of this ordinance.

(h)

Removal of temporary signs. Upon adoption of this ordinance, any temporary sign, portable display sign or device included in this ordinance shall be removed or made to conform to the provisions of this ordinance within 60 days of the date of notification by the building inspector or his designee. All subsequent violations shall be remedied within 14 days of the notification.

(i)

Removal of signs by the building inspector. The building inspector or his designee shall cause to be removed any sign that endangers the public safety such as an abandoned, dangerous, or materially, electrically or structurally defective, sign or a sign for which no permit has been issued. The building inspector or his designee shall prepare a notice which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected within ten days the sign shall be removed in accordance with the provisions of this section.

All notices mailed by the building inspector or his designee shall be sent by certified mail. Any time periods provided in this section shall be deemed to commence on the date of the receipt of the certified mail, or refusal of the person to whom it is addressed to accept same.

The notice shall be mailed to the owner of the property on which the sign is located, the owner of the sign and the occupant of the property. If any of such persons is unknown or cannot be found, notice shall be mailed to such persons last known address, if any, and posted on the sign or on the premises.

Any person having an interest in the sign or the property may appeal the determination of the building inspector ordering removal or compliance by filing a written notice of appeal with the board of zoning appeals within ten days after receipt of the notice.

Notwithstanding the above, in cases of emergency, the building inspector or his designee may cause the immediate removal of a dangerous or defective sign without notice.

(j)

Disposal of signs-costs. Any sign removed by the building inspector pursuant to the provisions of this section shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. The cost of removal of the sign by the city shall be considered a debt owned to the city by the owner of the sign and the owner of the property, and may be recovered in an appropriate court action by the city. The costs of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal.

When it is determined by the building inspector that said sign would cause an imminent danger to the public safety, and contact cannot be made with a sign owner or building owner, no written notice shall have to be served. In this emergency situation, the building inspector may correct the danger, all costs being charged to the sign owner and property owner.

If it shall be necessary for the building inspector to remove a sign pursuant to the provisions hereof, and it should be practicable to sell or salvage any material derived in the aforesaid removal he may sell the same at private or public sale at the best price obtainable, and shall keep an account of the proceeds thereof. Such proceeds, if any, shall be used to offset the costs of removal to be charged to the sign owner or property owner. The city may file a suit in court to collect any excess over such cost and the cost of the removal shall be levied as an assessment against the property on which the sign is located.

(k)

Invalid permits. The building inspector may issue a removal order when it has been determined that a permit was improperly issued, that the permit was issued on the basis of misstatement of fact or fraud, that the sign has not been constructed in compliance with this ordinance or with the specification of the application or site plans, that the sign permit has expired or that the sign is otherwise not in compliance with this ordinance. In the event a sign is not removed after receipt of a removal order by the owner of such sign or property, the building inspector may institute legal proceeding hereunder against the property owner, sign owner, lessee, sign erector or a combination of the above.

(l)

Civil actions. The city through the building inspector in his official capacity or any individual or entity whose property interests are directly affected may bring a civil action to seek injunctive and other relief to enforce this ordinance.

(m)

Citations. Any violation of this ordinance may be tried upon citations issued by the building inspector of the City of Calhoun. Without limitation, sign erectors, sign owners and such other parties responsible for the violation may be cited for violation of any provisions of this ordinance.

(n)

Penalties. In addition to any other penalty provided in this ordinance or in any separate resolution, the penalty and/or fine for any one sign found in violation of this ordinance, tried upon a citation or upon an accusation and, as provided for in section 1-9 of the City of Calhoun Code of Ordinances, shall be punished by a fine not exceeding $1,000.00, imprisonment for a term not exceeding 12 months or both. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense.

(o)

Prosecutor. The city attorney and/or his assistants shall prosecute all violations of this ordinance unless the mayor and city council of the City of Calhoun appoint a special city prosecutor for violations of this ordinance.

(p)

Remedies cumulative. All remedies and penalties specified in this ordinance are cumulative.

(Ord. No. 927, § 1, 11-25-2013)

All persons engaged in the business of erecting, installing, altering, relocating, constructing or maintaining signs for compensation must post a bond or show proof of insurance in the amount of $25,000.00 for property damage for any one claim and public liability insurance in the amount of $100,000.00 for injuries, including accidental death to one person and possess a current occupational tax certificate at the time any sign permit is obtained. Said bond or insurance shall cover any and all damages, demands or expense of every character, which may occur as a result of such erection, installation, alteration, or relocation.

(Ord. No. 927, § 1, 11-25-2013)

All signs under this section require a permit. Freestanding signs in all zoning districts except those located in zoning district DBD and zoning district HD shall comply with the following:

(a)

One, maximum 32 square foot, freestanding monument sign as required in section 5.1.1 of this chapter, not to exceed eight feet in height shall be permitted for each street on which the lot has frontage. (Excludes lots abutting U.S. Highway 41 also known as South Wall Street and North Wall Street, State Route 53 and Spur 53, State Route 136, State Route 156, State Route 225, Curtis Parkway, Lovers Lane Road, Outlet Center Drive, Belwood Road, Clarence King Drive, Marine Drive, Richardson Road, Executive Drive, South Industrial Boulevard, WC Bryant Parkway, River Street, McDaniel Station Road, Mauldin Road, North Industrial Boulevard, I-75 and lots in the zoning districts R-1, R-1 A, R-1B, R-2, R-2A, R-3 and O-I.)

(b)

One, maximum 75 square foot, freestanding monument sign as required in section 5.1.1 of this chapter, not to exceed 15 feet in height shall be permitted for each street on which the lot has frontage on the following industrial/commercial streets: Curtis Parkway, Lovers Lane Road, Outlet Center Drive, Belwood Road, Clarence King Drive, Marine Drive, Richardson Road, Executive Drive, South Industrial Boulevard, WC Bryant Parkway, River Street, McDaniel Station Road, Mauldin Road, North Industrial Boulevard.

(c)

Lots (excluding properties within the residential zoning districts of R-1, R-1 A, R-1B, R-2, R-2A, and O-I) abutting U.S. Highway 41 also known as South Wall Street and North Wall Street, State Route 53 and Spur 53, State Route 136, State Route 156, State Route 225, and 1-75, shall be allowed one, maximum 120 square foot, freestanding pole sign for each frontage on said highways, not to exceed 25 feet in height.

(d)

Residential zoning districts (R-1, R-1A, R-1B, R-2, R-2A, R-3 and O-I), shall be allowed one, maximum eight square foot freestanding sign for each street on which the lot has frontage, shall have a maximum height of six feet, shall not be directly illuminated, and shall not have changeable copy.

(e)

Residential zoning districts (R-1, R-1A, R-1B, R-2, R-2A, R-3 and O-I), shall be allowed one, maximum 32 square foot monument sign for each street on which the lot has frontage on industrial/commercial streets and state routes as identified in subsection (b) and (c) of this article, shall have a maximum height of eight feet, shall not be directly illuminated, and shall not have changeable copy.

(f)

Location. If a lot has more than one street frontage and a freestanding sign is proposed on each street, thence the freestanding sign allowed on each frontage can be no closer to the intersection of said streets than half the distance of the frontage on each street.

(Ord. No. 927, § 1, 11-25-2013; Ord. No. 1060, § 1, 7-24-2023; Ord. No. 1082, § 1, 4-22-2024)

Lots found in the areas designated zoning district HIE shall be allowed one freestanding sign for the unique need for visibility by traveling vehicles on Interstate 1-75 and shall be allowed one freestanding pole sign that is 100 feet in height, not to exceed 300 square feet.

(Ord. No. 930, § 4, 4-14-2014)

All signs under this section require a permit. Wall signs, canopy signs and awning signs in all zoning districts except residential, shall comply with the following:

(1)

Wall signs shall have an aggregate area not exceeding 1.5 square feet for each linear foot of building face parallel to a street lot line or ten percent of the wall area to which it is attached, whichever is less, not to exceed 180 square feet. Where a lot fronts on more than one street, the aggregate sign area facing each street frontage shall be calculated separately. Canopy and awning signs shall be deducted from allocated wall sign area.

(2)

Height: No wall sign that projects more than four inches from the building surface on which it is attached shall be less than eight feet above the finished elevation at its lowest extremity. A wall sign shall not project above the vertical wall to which it is attached.

(3)

Wall, canopy or awning signs shall not have changeable copy unless approved as a marquee sign.

(4)

Marquee wall signs may be substituted for wall signs for uses as approved such as theaters and hotels where their use is customary. Such signs shall not extend above the roof-line of the building nor extend more than two feet from the face of the building upon which secured. Allowable sign dimensions shall be the same as for wall signs.

(5)

No wall sign shall project more than 24 inches from the building surface on which it is attached.

(Ord. No. 927, § 1, 11-25-2013)

Businesses and institutions may exhibit balloons, banners, flags or streamers related to an activity or even having a specific duration, or the end of which is related to a specific action, usually lasting only a few days at a time. Examples include grand opening events, seasonal sales events, close-out sales, fund raising, educational programs, graduations, concerts, movies, and other short term events or activities.

(a)

Grand opening promotions. Banners, feather banners, streamers, pennants, string lighting, and similar temporary advertising devices shall be permitted on private property during the initial promotion or "grand opening" of a business, service provider, school, office, faith community, or other form of organization, no more than five days prior to opening and no longer than 30 days after the date of the opening. Banners of this type shall be no larger than 32 square feet in size.

(b)

All other uses. Except for the period of time described in subsection (a), all other uses of temporary advertising devices shall be governed by the following:

(1)

Duration. Such signs may be permitted and exhibited for a period not to exceed 30 days, said period being measured from calendar month and day to future calendar month and day (ex. March 3rd to April 3rd). Each business owner will be permitted a maximum of six temporary advertising devices in a 12-month period.

(2)

Maintenance. No person shall maintain or permit to be maintained on any premises owned or controlled by that person any temporary advertising device which is in a dangerous and defective condition. Any such sign shall be removed or repaired by the permittee of the sign, the owner of the premises, or as otherwise provided in this article.

(3)

Permit. A temporary advertising device permit is required along with a fee per the provisions contained within the permitting provisions of this ordinance.

(4)

Setback. All such signs and devices shall be set back a minimum of five feet from the public road right-of-way.

(5)

Size. Banners and portable signs shall be a maximum of 32 square feet in area.

(c)

Air- and gas-filled (inflatable) devices. Inflatable advertising devices may be employed as temporary advertising devices provided that the footprint area required for said devices does not exceed 200 square feet (including all tie-down or other support structures), and does not visually block adjacent businesses or tenants.

(Ord. No. 927, § 1, 11-25-2013)

Calhoun Downtown Business District. This section applies to the zoning district DBD (also identified in this ordinance as the C-1, Central Business District) officially designated by the mayor and council of the City of Calhoun now and in the future. All definitions and other matters relating to signs as contained in other existing city ordinances shall remain in full force and effect to the extent that they are consistent with this ordinance. Within the DBD district the intent of sign regulation is to ensure visual compatibility with the scale and character of the surrounding architecture so as not to allow signs to obstruct architectural features. All signs under this section require a permit.

(Ord. No. 927, § 1, 11-25-2013)

The following shall be applicable to all signs found within the geographical boundaries of the zoning district DBD, and may or may not be additionally subject to the restrictions and provisions for signs found within the zoning district HD:

(a)

In no case shall a sign applied to a building be allowed to obscure any significant architectural details of a building face, nor shall a wall sign be so designed as to cover existing windows.

(b)

Each ground floor business may not have more than two signs. These signs may be window signs, awning, canopy, wall signs, or a combination thereof; and an identification sign at the front and rear of the building. Each upper level business of a building may display one identification sign.

(c)

Businesses which are located in corner buildings are allowed one additional sign to the two normally allotted, to be located on the side or rear wall of the building.

(d)

Wall signs shall have an aggregate area not exceeding 1.5 square feet for each linear foot of building face parallel to a street lot line or ten percent of the wall area to which it is attached, whichever is less, not to exceed 180 square feet. Where a lot fronts on more than one street, the aggregate sign area facing each street frontage shall be calculated separately. Canopy and awning signs shall be deducted from allocated wall sign area.

(e)

No sign shall be closer than 18 inches to an adjacent property line and shall not be installed or extend over a party wall.

(f)

Signs shall be concentrated near the pedestrian level. Signs shall not obscure important architectural details or features such as windows, transom panels, sills, moldings, and cornices. Wall signs identifying commercial establishments shall be placed within the area immediately above the storefront. Said area should be confined to the vertical distance separating windows on the ground and the second floor, or should be no more than two feet in height, whichever is lesser. Signs on adjacent storefronts within the same building should be coordinated in height and proportion and use the same signage format.

(g)

Sign colors should compliment the building facade. Signs shall not contain more than three colors, except in instance of an illustration. Dark background with light-colored lettering is traditional. Examples of preferred background colors are burgundy, forest green, chocolate brown, black, charcoal, and navy. Preferred lettering colors are ivory, white, or gold.

(Ord. No. 927, § 1, 11-25-2013)

(a)

Window signs. Each ground level business having glass directly oriented to a street may use all of that glass area as one allowable sign, but no single window shall be covered more than 30 percent. Window signs on or above the second floor will be limited to identification and instructional signs and cover no more than 30 percent of any one window.

(b)

Wall and awning signs. The maximum sign area for wall and awning signs shall be calculated as described in subsection 7.1.d. of this [appendix]. For any building which houses multiple businesses, the building facade area used to calculate maximum size of wall and canopy signs allowed for each business will be defined as the individual business' linear frontage (primary facade) times the height of the building as measured at its highest point above the frontage.

(c)

Owner, organizational or business identification sign. In addition to the two signs described under subsection 10.7.2(b), each business, owner or organization will be allowed one on premises identification sign not to exceed two square feet in area. These identification signs may be painted on windows or doors, or may be painted on valances or skirts of approved awnings. They may not be illuminated. In addition to the sign restrictions above, no wall or canopy sign on a one or two story building may exceed five feet in vertical dimension. No canopy or wall sign on a building of three or more stories may exceed a maximum vertical dimension of ten feet.

(d)

Instructional signs. These signs are allowed, however they shall not to exceed one square foot in area.

(e)

Lighting. All signs (except monument signs in subsection (f) below) may be illuminated directly or with indirect lightning provided that indirect light sources are shielded from other buildings and do not create glare or visual discomfort to pedestrians at street level. Neon window and wall signs are permitted as long as they conform to all other restrictions within this ordinance.

(f)

Monument signs (freestanding ground based signs). These shall be the only freestanding signs permitted in this zoning district, and same shall not exceed four feet in height, and shall not exceed 24 square feet in area. Monument signs must be setback at least ten feet from the public right-of-way. The following additional restrictions also apply:

(1)

Signs may not be directly illuminated.

(2)

Shall be constructed of materials consistent with the building architecture.

(3)

May only be used as identification or professional signs.

(4)

May not contain other messages or be used as a base to hang temporary signs for sales or events.

(5)

Signs shall not be electronic signs.

(Ord. No. 927, § 1, 11-25-2013)

Unless otherwise permitted by subsection 10.7.2, the following are prohibited anywhere within the geographical area designated as zoning district DBD:

(a)

Signs painted directly onto roofs, retaining walls, fences, or buildings facades or walls.

(b)

Freestanding pole signs, or other non-monument signs.

(c)

Florescent day-glow colored signs.

(d)

Wind and light activated glitter signs.

(e)

Electronic or flashing signs.

(f)

Streamer and non-official flags.

(Ord. No. 927, § 1, 11-25-2013)

(a)

Purpose. In support and furtherance of its findings and determination that the historical, cultural and aesthetic heritage of the city is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity and general welfare of the people, the mayor and council have adopted certain restrictions and regulations in the historic district as designated by chapter 60. Historic preservation in the Calhoun Code.

(b)

Application to signs. While the primary purpose of the zoning district HD is the regulation of structures and buildings, the provisions of chapter 60 are applicable as a part of this sign ordinance as well. These restrictions are in addition to those imposed in general by this ordinance, as well as those for specifically required for the zoning district DBD.

(c)

Certificate of appropriateness. Upon the effective date of this ordinance, no material change or new sign in the zoning district HD shall be made or be permitted to be made by the owner or occupant thereof, unless or until an application for a certificate of appropriateness has been submitted to and approved by the Calhoun Historic Preservation Commission.

(Ord. No. 927, § 1, 11-25-2013)

If a new zoning district is created after the adoption of this ordinance, no signs shall be permitted therein until this ordinance shall be amended to include such district.

(Ord. No. 927, § 1, 11-25-2013)

Electronic sign with electronically changeable copy may be permitted in all sign districts with the exception of the zoning district DBD and the zoning district HD with the following restrictions:

(a)

The sign may utilize only static text or images or a combination thereof (not moving).

(b)

No video of any kind allowed.

(c)

The reader board panels cannot occupy more than 40 percent of the face of the sign or structure upon which it is applied to nor may it be the primary sign advertising the place of business.

(d)

Electronic signs with electronically changeable copy may not operate at brightness levels of more than 0.20 foot candles above ambient light levels as measured at a distance of 150 feet.

(e)

The owner of said electronic sign with electronically changeable copy shall arrange for an annual certification of the lumens showing compliance by an independent contractor and provide said certification to the City of Calhoun.

(f)

Each sign must have a light sensing device that will adjust the brightness of the display as the natural ambient light conditions change.

(g)

The owner of said electronic sign with electronically changeable copy shall provide to the City of Calhoun contact information for a person who is available to be contacted at any time and who is able to turn off the electronic sign promptly after a malfunction occurs. If, at any time more than five percent of the electronic sign with electronically changeable copy display lights malfunction or are no longer working, the owner of said electric sign shall make repairs to the sign within 60 days or the sign will require removal.

(h)

If the City of Calhoun finds that the electronic sign with electronically changeable copy causes a glare or otherwise impairs the vision of the driver of a motor vehicle, the owner of the sign, within 24 hours of a request by the city, shall reduce the intensity of the sign to a level acceptable to the city.

(i)

No message or image may be displayed for less than five seconds.

(j)

No message may be repeated at intervals of less than five seconds.

(k)

No flashing signs, messages or components.

(l)

Electronic sign with electronically changeable copy shall meet the same installation and permitting requirements and inspections as set out for electrical signs and all other signs.

(Ord. No. 927, § 1, 11-25-2013)

Billboards require a permit. Billboards are allowed in developed commercial and industrial zoning districts only and shall comply with the following:

(1)

Billboards shall be allowed a maximum sign and copy area of 672 square feet.

(2)

Billboards shall not exceed a height of 25 feet (excluding properties in a quadrant or extended quadrant).

(3)

Billboards shall be set back at least 100 feet from the right-of-way of a public street, or highway, and 25 feet from all property lines and buildings on the site, including billboards located in a quadrant or extended quadrant.

(4)

Billboards shall be a minimum of 500 feet from the residential zoning districts R-1, R-1A, R-1b, R-2, R-2A, R-3 and O-I.

(5)

Billboards shall be minimum of 1,500 feet from all other billboards (excluding properties in a quadrant or extended quadrant) on the same side of the primary highway or major thoroughfare.

(6)

Illumination of billboards shall not be direct. All illuminated signs shall use base mounted fluorescent or mercury vapor lights and shall be activated by photoelectric cells. Additional lighting including but not limited to neon, animation, and running or flashing lights are prohibited.

(7)

Only freestanding billboards are allowed. Billboards are not allowed to be attached to or painted on any building or any other natural or manmade structure or object other than the supporting structure specifically built for said sign.

(8)

Billboards visible from or located along the main traveled way of Interstate Highway 75 will only be located in an extended quadrant only in an area 2,035 feet long beginning 500 feet from the point where the pavement widens on the main traveled way in the contiguous quadrant to accommodate the exit or entrance ramp. No more than four billboards will be permitted in any quadrant or extended quadrant and no such sign shall exceed 70 feet in height and may not be located within 500 feet of another billboard on the same side of Interstate 75; provided, however, that such billboard may be located within 500 feet of another billboard when the signs are separated by a building or other obstruction so that only one sign face located within the 500-foot zone is visible from Interstate Highway 75 at any time.

(9)

Billboards legally existing on the effective date of this ordinance may be continued, even though such signs do not conform to this provision. Such non-conforming signs shall not be expanded, relocated, or replaced by another non-conforming sign, except that the substitution of interchangeable poster panels, painted boards, or demountable material on non-conforming signs shall be allowed.

(10)

No such non-conforming sign shall continue after the discontinuance of the nonconforming use for a period of six months.

(Ord. No. 927, § 1, 11-25-2013)

Electronic sign with electronically changeable copy employed as billboards require a permit. Electronic sign with electronically changeable copy as billboards are allowed in developed commercial and industrial zoning districts only and shall comply with the following:

(a)

All electronic sign with electronically changeable copy shall contain static messages only, and shall not have movement nor flashing on any part of the sign structure, design, or pictorial segment of the sign, nor shall such sign have varying light intensity during the display of any single message.

(b)

All electronic sign with electronically changeable copy with electronically changing text, graphics, pictures, or combination thereof shall not operate at brightness levels of more than 0.20 foot candles above ambient light levels as measured at 300 feet from the sign location.

(c)

The owner of said electronic billboard sign shall arrange for an annual certification of the lumens showing compliance by an independent contractor and provide said certification to the City of Calhoun.

(d)

Each sign must have a light sensing device that will adjust the brightness of the display as the natural ambient light conditions change.

(e)

No electronic billboard sign shall be located within 5,000 feet of another electric billboard sign on either side of the road.

(f)

Electronic sign with electronically changeable copy containing changing text, graphics pictures or combination thereof shall meet the same installation and permitting requirements and inspections as set out for electrical signs and all other signs.

(g)

The owner of said electronic billboard sign shall coordinate with the local authorities to display when appropriate, emergency information important to the traveling public including, but not limited to Amber Alerts or alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.

(h)

The owner of said electronic sign with electronically changeable copy shall provide to the City of Calhoun contact information for a person who is available to be contracted at any time and who is able to turn off the electronic sign promptly after a malfunction occurs. If, at any time more than 95 percent of the electronic copy area lights malfunction or are no longer working, the owner of said electronic billboard sign shall make repairs to the sign within 60 days or the sign will require removal.

(i)

If the City of Calhoun finds that the electronic billboard sign causes a glare or otherwise impairs the vision of the driver of a motor vehicle, the owner of the sign, within 24 hours of a request by the city, shall reduce the intensity of the sign to a level acceptable to the city.

(j)

Each sign must comply with all Georgia Department of Transportation rules and regulations applicable to electronic billboards with changing copy where not in conflict with this ordinance.

(Ord. No. 927, § 1, 11-25-2013)

By accepting any permit or other permission to erect and maintain a sign or by acting in the erection or maintenance of a sign pursuant to such permit or other permission pursuant to this ordinance, the permit holder, property owner, lessee (if any), sign erector, their agents, servants, employees and assigns agree to hold harmless and indemnify the city, its officers, agents, servants, and employees from any and all claims for damages, including death; including but not limited to those resulting from the erection, alteration, relocation, construction or maintenance of a sign permitted or authorized under this ordinance.

(Ord. No. 927, § 1, 11-25-2013)

(a)

City code enforcement personnel are hereby empowered to enter into or inspect any building, structure, or premises upon which a sign subject to this ordinance is located for the purpose of inspecting the sign, its structural and electrical connections and to insure compliance with the provisions of this ordinance and other applicable ordinances. Inspections shall be carried out during reasonable business hours, unless an emergency exists.

(b)

This provision is in addition to and without prejudice to the rights of other inspectors and regulators to enter into and inspect premises.

(Ord. No. 927, § 1, 11-25-2013)