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

Animated illumination or effects: Illumination or effects with action, motion, moving characters or flashing lights. This may require electrical energy, but shall also include wind or any alternatively powered devices. Specifically included is any motion picture or video mechanism used in conjunction with any billboard sign structure in such a manner as to permit or allow the images to be visible from any public right-of-way. This definition does not include signs which indicate only time and/or temperature, provided that such time and/or temperature signs do not change or alternate messages more than 12 times a minute nor electronic message signs.

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

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.

Banner: A sign displayed of a temporary nature made of a cloth-like, plastic or similar material which is secured or mounted to a permanent fixture or structure.

Billboard sign: A sign containing between 300 and 378 square feet of sign area.

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

Buildable area of lot: That area of a lot within the building setback lines of the city zoning ordinance within which a principal building or structure may be erected.

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

Building setback line: The minimum yard requirement adjacent to any public street or property line set by the city zoning ordinance beyond which no part of a principal building or structure may be erected.

Bunting: A long colored strip of cloth or other pliable material used for festive decoration and containing no message, logo, or emblem and attached to a permanent structure.

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 flush canopy sign is one that is mounted in such a manner that a continuous face with the canopy is formed. A hanging canopy is one suspended from or beneath the canopy.

Changeable copy sign (manual): 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.

Commemorative sign: A sign which identifies a site of memorable and/or historic public interest.

Directional sign: A sign providing instruction for travel to or indicating the location of a place or event, whether by words, arrows or other symbols.

Electronic message sign: A sign whose message may be changed at intervals by electronic process or by remote control, including the device known as a commercial electronic variable message sign.

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.

Flashing: Includes illumination which is not kept constant in intensity at all times when in use and which exhibits sudden or marked changes in lighting affects. Excludes illuminated signs which indicate only time and/or temperature provided that such time and/or temperature signs do not change or alter a message more than 12 times a minute.

Freestanding sign: A self-contained sign which is wholly independent of any building or other structure and is of a permanent nature. (For the purposes of this chapter, the term "freestanding sign" excludes billboards, canopy signs, trailer and/or portable signs, and any other sign which does not require a permit.)

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.

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

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

Includes: Denotes a partial definition.

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

Instructional sign: A sign conveying instructions to the public, such as "entrance," "exit," "open," "closed," "no trespassing," etc.

Interstate highway: Any road of the state highway system which is a portion of the National System of Interstate and Defense Highways, as officially designed or as may hereinafter 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 hereinafter 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, or similar provisions establishing limited access highways.

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

Lot: 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.

Major thoroughfare: A street or highway having a right-of-way of 70 feet or more.

Noncommercial messages: By way of example, and without limitation, noncommercial messages include messages that identify or urge voter support for a political issue, political party or candidate; message that make political comment; religious messages; and personal messages such as the announcement of a birth or birthday.

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

Normal maintenance, replacement and repair: Normal maintenance and repair includes painting and cleaning. However, normal maintenance and repair conclusively does not include any structural alterations, any modification that requires a building permit or any alteration that costs in excess of 35 percent of the value of the sign prior to such maintenance or repair. For purposes of this definition, the value of a sign shall be the replacement cost of the sign structure. The valuation of the sign 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.

Out-parcel (spin-site): A portion of a larger parcel of land generally designed as a site for a separate structure and business from the larger tract. An out-parcel may or may not be a subdivision of a larger parcel.

Owner: Includes any person having possession or control of a sign; or the owner of record of the real property upon which the sign is located.

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

Permanent window sign: A sign with letters, words, or symbols which is displayed on and permanently attached to the window glass or framework.

Portable display sign and/or trailer sign: Any sign not permanently affixed to the ground, including signs mounted or designed-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.

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.

Prohibited sign: Any sign, other than a lawful nonconforming sign, which does not conform in any manner to this article.

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

Public service information sign: Time, temperature, notice of public meetings, special events, road/traffic directional signs, etc.

Roof sign: A sign that is mounted on the roof of a building. (Excludes flags, see section 94-703(b)(8), (9))

Sign area: The entire face of a sign, including the advertising surface and any framing, trim, or molding but not including the supporting structure.

Sign: Any object, device, display, or structure, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

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

Streamers and pennants: A flag that streams in the wind or any flag or banner longer in the fly than in the hoist, especially one that tapers to a point and is usually attached to a rope or cord which can subsequently be attached to a pole or to a building.

Temporary sign: Includes but is not limited to banners, flags, streamers, trailer signs, construction signs and real estate signs.

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

WEDS or weekend directional sign: Any sign conveying directions to a specific place or event. For example: To premises that are for sale or lease; to a church or community gathering, yard sales, moving sales, estate sales, etc.

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

Zoning district: The zoning designation of parcels of land under the city zoning ordinance.

(Ord. No. 22-2002, §§ 1, 2, 12-9-02; Ord. No. 11-2013, § 3, 12-9-13)

All signs allowed by this article, except those exempted from obtaining a permit, shall require a permit issued by the city before any such sign may be posted, displayed, modified, or constructed in the city limits of the City of Cedartown. The following signs are prohibited in any zoning district in the city:

(1)

Banners except as specifically allowed under this article.

(2)

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

(4)

Signs which 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 article.

(6)

Signs, which depict nudity, sexual conduct, obscene or pornographic material as defined by the laws of the United States and/or Georgia interpreting and regulating sexually explicit depictions.

(7)

Roof signs except as otherwise allowed herein.

(8)

Rotating signs (excludes barber pole signs).

(9)

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

(10)

Vehicle signs or advertising devices attached to any vehicle or trailer parked so as to be visible from the public right-of-way and being used 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 vehicle having a sign attached thereto as a part of the operational structure of the vehicle is to be parked in a parking space belonging to the business or on the property to which the sign makes reference. No trailer and/or portable non-motorized vehicle signs shall be permitted, except as otherwise allowed and regulated by this article.

(11)

Signs in disrepair, not in good repair, specifically including any sign currently in a state of disassembly, any sign which has its internal lighting exposed to view, or signs which have not been properly maintained and are a potential danger or nuisance in their current condition.

(12)

Twirling, curb-type, and portable display signs, shall be prohibited except as otherwise allowed herein.

(13)

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

(14)

Trailer and/or portable 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 article.

(Ord. No. 22-2002, §§ 1, 2, 12-9-02; Ord. No. 11-2013, § 1, 12-9-13)

(a)

What signs are covered: Unless specifically excluded herein, this article shall govern any sign erected, maintained or located in the city. Signs wholly located within a structure or building and intended to be viewed from the interior (and not the exterior) of the building are not regulated by this article.

(b)

Definition and specific provisions: The names of sign types and other words have special meanings in this article. Consult section 94-700 (Definitions) of this article and the other 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 article shall not operate to relieve any individual, corporation, or other entity of any other duty imposed by law.

(d)

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.

(e)

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 any block out zone as defined herein.

(f)

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 of its position, shape, wording or color, may be confused with an authorized traffic control device or emergency vehicle device or markings.

(g)

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.

(h)

Electrical and structural safety: All electrical signs and all electrical devices that illuminate signs or otherwise operate signs are subject to inspection and reasonable regulation by the city building inspection department or its successor. 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 of the city.

(i)

Content of sign: This article shall not regulate the specific content of signs. Any sign, display or device allowed under this article may contain commercial or noncommercial copy, except that such copy shall not contain nudity, sexual conduct, obscene or pornographic material or advertise any illegal activity as defined by the laws of the United States and/or Georgia.

(j)

Expiration of permit: A sign permit for any sign shall expire three months after the issuance of the permit if construction of the sign has not commenced within that time. A sign permit shall expire six 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 recommended.

(k)

Structural safety: Any sign within this article must meet the city building inspection safety, electrical and structural code requirements.

(l)

Setback: Freestanding signs shall be set back a minimum of five feet from all property lines, unless additional setbacks are required thru other provisions of this Code.

(m)

Signs attached to a building: Permanent signs attached to a building shall be considered a wall sign and shall comply with the regulations pertaining to wall signs allowed under this article. (Excludes flags, see section 94-703(b)(8), (9).

(n)

Changeable copy signs (manual): Such signs shall be allowed only as an addition 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 allocation of freestanding sign area.

(o)

Clearance from high voltage power lines: Signs shall be located not less that eight 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 that 750 volts shall maintain clearance in accordance with applicable National Electric Safety Codes. Copies of said code are on file with the building official. In no case shall a sign be installed closer than 36 inches from any electrical conductor or public utility guy wire.

(p)

Directional signs: Off-site directional signs of a quasi-public nature, which state the name, or location of a hospital, community center, private school, college, youth organization, church or other place of worship, a nonprofit public entity; or the name or place of meeting of an official or civic body, shall be allowed with a permit. Maximum height of said signs shall be six feet and said signs shall not exceed six square feet in area. (No permit fee shall be required.)

(Ord. No. 22-2002, §§ 1, 2, 12-9-02)

(a)

The following operations shall not be considered as creating a new sign, and therefore, shall not require a sign permit:

(1)

The changing of the advertising copy or message on an approved painted sign, billboard, theater marquee, or similar-type approved sign which is specifically designed for the use of replaceable copy.

(2)

The changing of the tenant panels on a freestanding multi-use tenant board.

(3)

Normal maintenance or repair of an approved sign or structure.

(b)

No sign permit shall be required for any of the following signs to be displayed in any zoning district; provided, however, that all other applicable regulations shall apply to such signs and that no such sign in a residential zoning district shall be illuminated.

(1)

Official government signs: Signs of a governmental body, governmental agency or public authority or entity in its exercise of power of eminent domain, including but not limited to traffic signals, signs or similar regulatory devices of warnings, official flags, emblems, official public notices, official instruments, signs of historic interest or other similar signs or devices.

(2)

Entrance/exit signs: Signs erected for the purpose of giving direction or instruction into and from the property, however, no such sign shall exceed three feet in height above the pavement and shall not exceed two square feet in sign area. No such sign shall be located closer that one foot from the public right-of-way and shall display public safety directional information only and shall not obstruct sight distance from driveways.

(3)

Banners attached to buildings: No more that one banner, not to exceed 30 square feet in area, shall be displayed at each place of business and shall be securely attached to the facade of a building with the exception that within the downtown business district, such banners shall be displayed for a period not to exceed 60 days for the same message; not to exceed two per year.

(4)

Streamers or pennants: Streamers or pennants shall be setback at least 25 feet from the edge of the street or out of the right-of-way, whichever is farthest from the street and shall not exceed 25 feet in height.

(5)

Construction-related signs: Signs placed upon a site of construction, alteration, or sale. Such signs shall not exceed 16 square feet in area in residential districts or 32 square feet in sign area in nonresidential zoning districts and shall not exceed ten feet in height. All signs shall be removed from the property within 14 days after final completion, sale, or abandonment of the property.

(6)

Noncommercial signs: Signs displaying a noncommercial message shall be allowed in specified zoning districts and shall comply with the standard regulations in this chapter pertaining to size, height, location, and number of signs allowed per property with the exception that such signs displayed in a single-family residential district shall be a maximum of six square feet in area and three feet in height.

(7)

Special event or seasonal signs: Sign displays that include any message, insignia, or depiction traditionally associated with the holiday or event celebrated or observed, including state, national or international events.

Policy statement: It is envisioned that depictions traditionally associated with a holiday be allowed. These includes, by way of example and not by limitation, Santa Claus, nativity scenes, menorah, Easter bunnies, pumpkins, New Year and Fourth of July celebrations.

Each allowed special event or seasonal display may continue for a 30-day period in any one year, with the exception that during Thanksgiving through the New Year season, a 60-day period of display shall be allowed.

(8)

Official flags or insignias: Official or currently recognized flags or insignias of the United States, the State of Georgia or any other nation, state or government and nonprofit organizations. Such flags or insignias shall be flown in compliance with the standards applicable under state and federal law.

(9)

Nonofficial flags: Nonofficial flags used primarily for commercial advertising purposes shall not exceed five feet in height when erected on the roof of a building and shall not exceed ten feet in height when erected on the ground. Such flags when erected on the ground 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. Nonofficial flags used primarily for commercial advertising shall not display, promotional words, messages, or advertising copy; except special events. Otherwise, the flag will just display name, logo, or similar wording concerning the commercial business.

One logotype flag for industries shall be allowed per main entrance to the principal building. Such flags shall be erected on a flag pole, and shall not exceed the maximum allowable height of the district.

(10)

Architecture: Integral decorative or architectural features of buildings and structures.

(11)

Memorials: Memorial signs or tablets, including but not limited to building corner-stones and other similar signs which indicate the names of buildings, dates of erection, or other historical data.

(12)

Scoreboards: Scoreboards on athletic fields, including advertising on school athletic fields, fences or walls.

(13)

Gas pumps/vending machines: Signs forming an integral part of a gasoline pump, service appliance, or vending machine.

(14)

Interior signs: Signs intended to be viewed from the interior (rather than the exterior) of the building.

(15)

Political signs: Signs whereby the public is to be informed regarding a specific event, candidate(s) or issue(s).

a.

In commercial districts, political signs shall be located a minimum of one foot from any publicly maintained street right-of-way or easement, shall not be located in any medians, and must be with prior authorization of the property owner(s).

b.

In commercial districts, political signs shall be limited to a maximum area not to exceed 32 square feet; however, this shall not be deemed to disallow the use of billboard signs. In residential districts, political signs shall be limited to a maximum area not to exceed six square feet, and a maximum height of three feet.

c.

Political signs shall be allowed in all zoning districts.

d.

Prior to the removal of signs in violation, except for signs on the right-of-way or those signs creating a traffic or safety hazard, violators (whether erector or user) shall be given at least 48 hours' notice to remedy their violation.

e.

It shall be the responsibility of the candidate to remove all signs within ten days after the candidate's final election.

(16)

Weekend directional signs (WEDS) findings and purposes: Many people travel to, from and through the city on a daily basis. During the weekday "rush hours" when the majority of people on the roads are commuting to or from work, roads are often nearly beyond their capacity. Traffic hazards and distractions must be minimized. However, people at times need the benefit of directional signs to help find their destinations. Properly regulated signs may actually aid the flow of traffic.

The following regulations recognize the difference in weekday and weekend traffic and are intended to promote the health, safety and welfare of the residents, visitors and businesses in the city:

a.

Definition: WEDS shall convey directions to or information concerning a specific, place or event. For example: To premises that are for sale or lease, to a church or community gathering, yard sales, moving sales, estate sales, etc.

b.

Zoning districts: WEDS shall be allowed in all zoning districts.

c.

Time allowed: WEDS shall be allowed from 3:00 p.m. on Friday to 11:59 p.m. on Sunday. It shall be the responsibility of the sign owner to remove all WEDS prior to 11:59 p.m. on Sunday.

d.

No permit required: WEDS do not require a permit or a permit fee.

e.

Construction: WEDS shall not exceed four square feet of sign area and three feet in height and may be double faced. WEDS shall be mounted on an independent single or double pole device. WEDS shall not be affixed in any manner to trees, natural objects, street light poles, utility poles, other signs or other sign structures. WEDS shall be made of metal, plastic, laminated cardboard or some other durable waterproof material. No sign shall be made of paper.

f.

Location: There shall be only two WEDS for any given place, activity, or event per 300 feet of road frontage. No WEDS shall be located closer than one foot from the right-of-way. All WEDS must be placed on private property with the property owner's permission.

(17)

Sandwich board or sidewalk signs: One such sign shall be allowed at the main entrance to the business and shall not exceed six square feet in sign area, and shall not interfere with pedestrian or vehicular circulation.

(18)

Vertical pole banners: No more than two vertical pole banners shall be allowed to be attached to an existing permanent light pole or utility pole within the city and shall be allowed only in conjunction with city or quasi-public institutional promotions, or special nonprofit events, or business special events. Such banners shall not exceed 30 square feet in area; shall have a maximum width of 2 1/2 feet and a maximum height of eight feet; and shall have a maximum display height of 25 feet measuring from the top edge of the banner to the ground. Such banners attached to public utility poles or light poles shall be approved by the city and/or the utility owner prior to attachment.

(19)

Real estate signs: Signs advertising the purchase, sale, and/or financing of the real estate on which the sign is placed.

(Ord. No. 22-2002, §§ 1, 2, 12-9-02; Ord. No. 2, 2007, §§ 1—3, 4-12-07)

All signs under this section require a permit.

(1)

Freestanding signs in all zoning districts shall comply with the following tables of regulations:

Table 1: Freestanding Sign Regulations for Nonresidential Zoning Districts

*  ;hg;Freestanding signs on all out parcel lots shall be a maximum of 50 square feet in area and a maximum of 15 feet in height.

Table 2: Freestanding Sign Regulations for Residential Zoning Districts

(2)

Location: If a lot has more than one street frontage and a freestanding sign is proposed on each street, then 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. 22-2002, §§ 1, 2, 12-9-02; Ord. No. 2, 2007, § 4, 4-12-07)

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 to exceed two square feet for each linear foot of building face parallel to a street lot line, not to exceed 200 square feet in area. Where a lot fronts on more than one street, the aggregate sign area facing each frontage shall be calculated separately. Canopy and awning signage shall be deducted from allocated wall sign area.

(2)

Height: Wall signs that project more than four inches from the building surface on which it is attached shall be at least eight feet above the finished elevation at its lowest extremity. The signs shall not be higher than the vertical wall to which it is attached.

(3)

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

(4)

Marquee wall signs may be substituted for wall signs for approved uses such as theaters and hotels where their use is customary. Such signs shall not extend above the roofline of the building nor extend more than two feet away from the face of the building upon which the sign is 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 face on which it is attached.

(Ord. No. 22-2002, §§ 1, 2, 12-9-02)

(a)

General regulations:

(1)

Wall signs shall have an aggregate area not to exceed two square feet for each linear foot of building face parallel to a street line, not to exceed 200 square feet in area. Where a lot fronts on more than one street, the aggregate sign area facing each street shall be calculated separately. Canopy and awning signage shall be deducted from allocated wall sign area.

(2)

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

(3)

Wall 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, as determined by the historic preservation commission design review.

(4)

Wall sign colors should compliment the buildings facade. Such signs shall not contain more than three colors, except in instances 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, and gold.

(5)

Wall signs shall be no greater than 24 inches in height. (Excludes permanent window signage.) Wall signs placed on the side wall of a corner building shall be no larger than four feet × eight feet.

(6)

a.

Each ground level business having a window 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.

b.

Window signs on the second floor shall be limited to identification and instructional signs which may cover no more than 15 percent of the entire window area above the ground floor and no more than 30 percent of any one window.

c.

Temporary window signs (internal). Signs pertaining to special events which refer to particular periods of time such as meetings, sales exhibitions, political campaigns and vacancy announcements shall be permitted on the building interiors provided that such signs shall be removed when no longer applicable in time, or in any case, no later than ten days after the event advertised has ended.

(7)

One freestanding sign shall be allowed on each property frontage, not to exceed six feet in height, and shall not exceed 24 square feet in area, and must be set back at least three feet from the public right-of-way.

(8)

Businesses shall be allowed to attach one projecting sign to a building facade which fronts a public right-of-way with the following stipulations:

a.

The sign shall not exceed an area of six square feet.

b.

The horizontal dimension of the sign shall not exceed three feet.

c.

The sign shall be attached perpendicular to a building wall.

d.

The distance from the ground to the lower edge of the sign shall be a minimum of eight feet over a sidewalk and a minimum of 13 feet over a street or driveway.

e.

The distance from the building wall to the sign shall not exceed six inches.

f.

The height of the top edge of the sign shall not exceed the height of the wall from which the sign projects, if attached to a single story building, or the height of the sill or bottom of any second story window, if attached to a multistory building.

g.

The sign may be directly or indirectly lighted; however, direct lighting shall be of the sign copy only.

(9)

All applicants for a sign permit in any historic district must first obtain from the building inspector, (i) an application for certificate of appropriateness, and (ii) an application for a sign permit. The building inspector shall then forward the application for certificate of appropriateness to the historic preservation commission for approval before issuing a sign permit on behalf of the city.

(10)

Number of allowed signs per business. Each permitted business within a designated historic district may have two signs. These signs may be window signs, canopy signs, wall signs, awning signs, or a combination thereof, subject to the restrictions described elsewhere in this article.

(11)

Special sign allowances for corner buildings. Businesses which are located in corner buildings are allowed one additional sign in addition to the two normally allotted, to be located on the side or rear wall of the building. The total area of this additional sign shall not exceed 70 percent of the size of the largest sign on the building's front facade and shall cover no more than 25 percent of the secondary wall.

(12)

Abandoned signs. Signs that advertise an activity, business product or services no longer being conducted or available on the premises on which the sign is located must be removed upon the order to the building inspector's office in conformity with the provisions of article XI of this chapter.

(13)

Identification signs. In addition to the two signs described under this section, each business will be allowed one on-premise identification sign, with the further restriction that the maximum area allowed will be two square feet. These identifying signs may be painted on windows, hung under canopies or awnings or may be painted on valances or skirts of approved awnings. They may not be illuminated.

(14)

Ground signs. In zoning districts which allow freestanding signs, a ground sign may be used instead of a freestanding sign as one of a business's allowed signs, provided that it does not exceed three feet in height, and is no bigger than 12 square feet in area, measured on one side only. (See definition, section 94-700) Ground signs must be set back at least three feet from the public right-of-way. The following additional restrictions apply to ground signs within historic districts: 1) they may not be internally illuminated; 2) they should be constructed of materials consistent with the building architecture; 3) they may only be used as identifying signs and professional signs; and 4) they may not contain other commercial messages or advertisement of a temporary nature or be used as a base to hand temporary signs for sale or promotional events.

(15)

Instructional signs. Instructional sign measuring no more than one square foot in area will be permitted, subject to approval of the historic preservation commission.

(16)

Illuminated signs. Except in residential zoning districts, signs may be illuminated internally or with indirect lighting 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 too their restrictions in this Code.

(17)

Prohibited signs.

a.

Painted signs. Signs painted directly onto roofs, retaining walls, fences, or buildings facades or walls are prohibited. Historically significant painted signs are exempt from this provision; based upon review by historical commission.

b.

Roof signs. No sign shall be erected or painted on the roof of any building. (See the definition of "roof sign" under section 94-700)

c.

Projecting signs. Projecting signs and signs hanging over public right-of-way are prohibited.

d.

Temporary signs (external). Banners and other exterior temporary signs not listed under this section are prohibited in historic districts except those advertising promotional events sponsored by the downtown development authority or those festivals and events of a non-commercial nature.

(18)

Nonconforming signs.

a.

Signs erected prior to the date of enactment of this article (October 2, 1989) which do not conform with the sign regulations contained herein, shall not be expanded, enlarged, modified, or changed in any way except in conformance with the Cedartown Sign Ordinance.

b.

Minor repairs and maintenance of nonconforming signs may be made at the discretion of the owner provided that the sign area is not increased, but money invested in such repairs by a building or sign owner shall not constitute grounds or justification for granting a variance to retain such a sign, nor excuse signs from the removal provisions specified herein.

c.

Nonconforming signs which have been allowed to deteriorate so as to constitute either an aesthetic nuisance or a safety hazard are subject to removal pursuant to section 94-715. The building inspector may determine a sign to be deteriorated if the paint on its fact is faded, cracked or peeling, if removable letters on the changeable copy board are missing or in disarray, if plastic panels are missing, broken or stained, if the sign face or its supporting frame work is rusty or in need of paint, if the area surrounding the sign base is not maintained and kept free of weeds and debris, or if the sign is in need of structural repair.

d.

Nonconforming signs which have been abandoned shall be removed in their entirety by the record owner of the building or the person who obtained the sign license, whichever owns the sign or portion thereof, within 90 days after the business using the sign closes or ceases to operate on the premises where the sign is located. However, if the building owner can produce evidence to the building inspector that a new tenant intends to erect a conforming sign using some portion of the sign support or framework within 180 days after the previous business has closed or ceased to operate, that portion may remain.

When the business advertised by a nonconforming sign closes or ceases to operate on the premises where the sign is located, the sign's permit shall be considered void, and the sign shall not be re-permitted except in conformance with this article. Businesses moving into a building with a nonconforming sign must apply for their own sign permit and may only erect or utilize signs which are in compliance with this article.

(b)

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

(Ord. No. 22-2002, §§ 1, 2, 12-9-02; Ord. No. 5-2004, §§ 1, 2, 5-25-04)

Businesses and institutions may exhibit banners, flags, portable signs, balloons, streamers, air or gas filled figures within two months of starting the operation of a new business. A grand opening permit is required along with a fee of $25.00. A business shall be granted one grand opening permit for the life of the business at any given location.

(Ord. No. 22-2002, §§ 1, 2, 12-9-02)

The city commission has considered the need for commercial and noncommercial speech through the medium of billboard signs along certain major roads as of 2013. These interests must be weighed against the aesthetic and safety concerns that have been described elsewhere in this article. After thorough consideration of these countervailing interests, the commission has determined that up to three new billboards shall be allowed in accordance with the following:

(1)

Billboard signs are permitted on non-residentially zoned properties in the following two corridors:

a.

Adjacent to Highway 27 north of the intersection with North Main Street; and

b.

Adjacent to North Main Street between John Hand Road on the north and East Avenue on the south.

(2)

No billboard sign shall be located within 500 feet of another billboard sign on the same side of the adjacent roadway.

(3)

Billboard signs shall not exceed a height of 35 feet above the crown of the adjacent roadway.

(4)

New billboard signs may utilize multiple message technology to the extent allowed by Georgia law (O.C.G.A. § 32-6-70 et seq.).

(5)

Billboard signs shall be freestanding ground-mounted signs on a single pole. The pole shall be setback at least ten feet from, and no part of the sign shall overhang, the right-of-way.

(6)

Billboard signs require a permit to be erected. All applications for billboards pending at the time this section is adopted shall be processed in the order in which they were received.

(7)

After the billboards allowed hereunder have been permitted, new billboards shall only be permitted as a relocation of an existing billboard adjacent to the approved corridors to another lawful site within the approved corridors.

(Ord. No. 22-2002, §§ 1, 2, 12-9-02; Ord. No. 11-2013, § 4, 12-9-13)

(a)

Signs lawfully existing on the effective date of this article, which do not conform to the provisions of this article shall be deemed to be legal nonconforming "grandfathered" signs and may remain, except as otherwise specifically qualified in this article. Such signs shall not be enlarged, extended, structurally reconstructed, replaced or altered in any manner; except a sign face may be changed so long as the new sign face does not increase either height or sign area. This provision shall not have the effect of excusing any violation of any other ordinance, nor shall it permit the continued existence of any unsafe sign or any sign that is not in good state of repair.

(b)

Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign. No repairs other than minor maintenance and upkeep of nonconforming signs shall be permitted to make the sign comply with the requirements of this article. A nonconforming sign which has been declared by the city 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 article.

(c)

A nonconforming sign shall not be moved or otherwise relocated 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 article, and meet permit requirements of this article.

(d)

If a nonconforming sign is removed or the use of the sign in discontinued for any period of time, except for normal maintenance and repair, as defined in this article, or for maintenance of a building if such sign is attached to a building, the subsequent erection of a sign shall be in accordance with the provisions of this article.

(e)

A nonconforming sign which is changed to or replaced by a conforming sign shall no longer be deemed nonconforming, and thereafter such sign shall be in accordance with the provisions of this article.

(f)

Policy statement: As a consequence, when a nonconforming sign is destroyed or toppled by an act of God, weather, or whatever other means, this shall not constitute a sufficient reason to grant a variance to re-erect the nonconforming sign.

(Ord. No. 22-2002, §§ 1, 2, 12-9-02)

(a)

Interpretation: The words used in this article 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 article 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 article regulates the same activity, conduct or any aspect of signage that is also regulated by the city, state, or federal law, then the provisions of this article are in genuine conflict with any state or federal law or requirement, the conflict shall be resolved in accordance with the state of federal standard which apply, unless the city's local enforcement is authorized by law in which event the city's standard and regulations shall apply.

(c)

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

(Ord. No. 22-2002, §§ 1, 2, 12-9-02)

(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.

(b)

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

(c)

No permit issued for a sign under the provisions of this article shall be deemed to constitute permission or authorization to maintain any sign that violates the provisions of this article, any other article, 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 or consented to the erection of the sign.

(Ord. No. 22-2002, §§ 1, 2, 12-9-02)

(a)

Who may apply: 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; with the written permission of the property owners, which statement of permission shall be attached to the above permit application.

(3)

The erector of the sign, provided the erector has permission under (1) or (2) above.

An applicant that is a lessee shall produce a copy of the lease or written statement from the owner of the property that the applicant has the right to maintain a sign on the property. Any person engaged in the business of erecting signs shall produce a copy of a current occupational tax certificate and proof of insurance or bond as required by the bond insurance section of this article, together with written permission to erect the signage under (1) or (2) above.

(b)

Application: 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 article; and such other pertinent information as the city may require to insure compliance with the provisions of this article 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 right-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 processor of the property giving consent to entry into the property for the purpose of inspection, and enforcement of this article. 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.

(c)

Processing of application: Upon receipt of a properly completed application for a sign as permitted under the provisions of this article, the city through its enforcement personnel, shall examine and process the application within a reasonable amount of time. Though a longer period of time may be reasonable under the circumstances of the case, 15 business days shall be considered a reasonable amount of time in most cases. A permit may be denied if the applicant landowner or lessee is presently maintaining any sign in violation of this article.

(d)

Procedure upon denial: Upon denial of the application of a permit, the applicant shall be given written notice stating the reason(s) for the denial within 15 days of the decision to deny the permit. Appeal from such denial may be taken to the planning and zoning commission.

(Ord. No. 22-2002, §§ 1, 2, 12-9-02)

(a)

The planning commission may, upon appeal from a denial of a permit which is required under this article, in specific cases, grant such variances from the terms of this article as will not be contrary to the public interest. In any instance where a person has been denied a sign permit, an appeal must be made to the planning commission. The appeal must be filed within ten days of the decision denying a sign permit.

(b)

To authorize a variance in connection with any appeal, due to special conditions, there must be a showing that a literal enforcement of the provisions of this article will, in the individual case, result in practical difficulty or unnecessary hardship. The existence of the nonconforming use of neighboring signs in the same district, or of permitted or nonconforming uses in other districts, shall not constitute a reason for the requested variance. Such variance may be granted in the individual case of unnecessary hardship upon a finding by the planning commission that all of the following conditions exist:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question, that make the literal enforcement of the sign ordinance, placement of a sign, or other location issues, impossible to comply with due to the size, shape or typography of the property, or building or other area where the sign is to be affixed; and

(2)

The application of the regulation, ordinance provision or other limitation to this particular site would create an unnecessary hardship; and

(3)

Such conditions are peculiar to the particular property, building, and/or location of the sign; and

(4)

Granting the variance would not cause substantial detriment to the public good or impair the general purpose and intent of this article; provided however, that no variance may be granted for a use of a sign, or a particular structure of the sign, which is absolutely prohibited by the article.

(c)

Any applicant who is aggrieved or otherwise dissatisfied with the decision of the planning commission as to his or her application for a variance shall have the right to appeal the planning commission's decision to the City Commission of the City of Cedartown. Such appeal must be filed in writing within ten days of the planning commission's action on a requested variance. Decisions of the Cedartown City Commission concerning a requested variance shall be final, subject to any other legal remedies an aggrieved party may have.

(d)

Requests for variances regarding any part of this article or enforcement thereof shall specifically include all reasons why the application should be granted.

(e)

Variance procedures shall apply both to signs which are nonconforming as of the effective date of this article and to new signs erected thereafter.

(f)

Reserved.

(Ord. No. 22-2002, §§ 1, 2, 12-9-02; Ord. No. 11-2013, § 2, 12-9-13)

The permit fee shall include a sign plan review fee and a fee based upon the square footage of the sign area. These fees will be approved annually during the budget process and will be included in the schedule of fees and charges as approved by the City of Cedartown Commission.

Note: Footing inspection required.

Electrical permit required if separate service.

(Ord. No. 22-2002, §§ 1, 2, 12-9-02; Ord. No. 9-2005, § 6, 12-12-05; Ord. No. 11-2013, § 5, 12-9-13; Ord. No. 7-2019, § 2(Exh. A), 12-9-19)

(a)

Enforcement personnel: The enforcement of this article shall be within the jurisdiction of the city's code enforcement personnel or other designated officials of the city. The enforcement personnel shall have such powers as are reasonably necessary to enforce and give effect to this article.

(b)

Public nuisance: Any violation of this article is hereby declared to be public nuisance.

(c)

Maintenance and repair: Every sign including but not limited to those signs for which permits 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 maintenance of said sign.

The building official and/or his designee shall require compliance with all standards of this code. If a sign is not made to comply with adequate safety and maintenance standards, the administrator shall require its removal in accordance with this section.

(d)

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 official and/or his designee shall proceed as described in subsection (h).

(e)

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

(f)

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 code 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 code.

(g)

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

(h)

Unsafe or unsecure signs or other advertising structures prohibited; removal: If the building inspector shall find that any sign or other advertising structure regulated herein is unsafe or unsecure, is a menace to the public, is abandoned or maintained in a dilapidated condition or has been constructed or erected or is being maintained in violation of the provisions of this article, written notice shall be given to the permittee or property owner thereof. If the permittee or property owner fails to remove or alter the sign or advertising structure so as to comply with the standards herein set forth within a reasonable time specified in such notice, such sign or other advertising structure may be removed or altered in order to comply with requirements of this article through enforcement by the building inspector; any expense incidental to such removal or alteration shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property.

(i)

Disposal of signs—Cost: Any sign removed by the building official and/or his designee 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 owed 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 official and/or his designee that said sign would cause an imminent danger to the public safety, and contact cannot by made with a sign owner or building owner, no written notice shall have to be served. In this emergency situation, the building official and/or his designee may correct the danger, all costs being charged to the sign owner and property owner.

If it shall be necessary for the building official and/or his designee 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.

(j)

Invalid permits: The enforcement personnel 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 article or with the specifications of the application or site plans, that the sign permit has expired or that the sign is otherwise not in compliance with this article. In the event a sign is not removed after receipt of a removal order by the owner of such sign or property, enforcement personnel may institute legal proceedings hereunder against the property owner, sign owner, lessee, sign erector, or a combination of the above.

(k)

Civil actions: The enforcement personnel or any individual or entity whose property interests are directly affected may bring a civil action in Municipal Court or Polk Superior Court to seek injunctive and other relief to enforce this article. In addition, the city may treat nonconforming or illegal signs as a public nuisance and proceed in Municipal Court under the nuisance provisions of this Code to enforce this sign ordinance under subsection (b).

(l)

Citation: Any violation of this article may be tried upon citations issued by enforcement personnel of the city. Without limitation, sign erectors, sign owners, and such other parties responsible for the violation may be cited for violation of any provision of this article.

(m)

Penalties: In addition to any other penalty provided in this article or in any separate resolution, the penalty and/or fine for any one sign found in violation of this article, tried upon a citation or upon an accusation as provided for in section 1-8 of this Code of Ordinances the city shall be punished by a fine not exceeding $1,000.00, imprisonment for a term not exceeding six months. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense.

(n)

Prosecutor: The city attorney and or his assistants shall prosecute all violations of this article unless the city commission appoints a special prosecutor for violation of this article.

(o)

Remedies cumulative: All remedies and penalties specified in this article are cumulative.

(Ord. No. 22-2002, §§ 1, 2, 12-9-02)

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 expenses of every character which may as a result of such erection, installation, alteration, or relocation.

(Ord. No. 22-2002, §§ 1, 2, 12-9-02)

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 article, 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 for injuries to property or person, 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 article.

(Ord. No. 22-2002, §§ 1, 2, 12-9-02)

(a)

The enforcement personnel are hereby empowered to enter into or inspect any building, structure, or premise upon which a sign subject to this article is located for the purpose of inspecting the sign, its structural and electrical connections and to insure compliance with the provisions of this article and other applicable ordinances. Inspections shall be carried out during reasonable business hours, unless an emergency exists. In carrying out their duties under this ordinance, no city official will be held to have trespassed on the property on which any sign may be located.

(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. 22-2002, §§ 1, 2, 12-9-02)