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Cornelia City Zoning Code

ARTICLE VIII

SIGNS

Sec. 42-140. - Findings.

42-140.1.

Sign regulations promote fair competition among businesses. Sign regulations benefit businesses that seek to advertise. Unregulated commercial signage can be detrimental to individual businesses because business owners often feel compelled to erect larger and more costly signs to outdo their neighboring businesses. Such competition among business for visibility can result in too many signs, to a point of diminishing returns where individual business signs are not adequately visible. The competition for visual recognition can if unregulated defeat the purpose of the signs, which is to carry a message, usually a commercial one. If signs are left unregulated, patrons of individual businesses may miss their destinations because they cannot find the particular business in the sea of advertising devices.

42-140.2.

Sign regulations advance community aesthetics. Sign regulations promote and ensure the aesthetics of the community. The concept of public welfare is broad and inclusive, and the values it represents are spiritual as well as physical, aesthetic as well as monetary. Sign regulations serve the substantial public purposes of ensuring that the community is beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully controlled (Berman v Parker 348 U.S. 26, 75 S. Ct. 98, 99 L. Ed. 27 1954).

Sign regulations help communities maintain and protect the unique character of the community. The appearance of the community, which is substantially influenced by signs, is essential to the city's long-term economic viability and helps determine how residents and visitors alike perceive it. Sign controls, including regulations that go beyond simple size, height, location, and manner restrictions, are necessary to improve the visual character and quality of life of the community.

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-141. - Objectives.

The objectives of this article include, but are not limited to, the following:

(1)

Provide a reasonable balance between the right of an individual to identify his or her business and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and similar devices.

(2)

To guard against an excess of large, aesthetically unappealing, intense signs which cause visual blight on the appearance of the city. Visual blight adversely affects the aesthetic quality of life and traffic safety in the city for residents, businesses, pedestrians, and persons in vehicles.

(3)

Protect the public health, safety and general welfare while protecting the rights of sign owners to expression and identification.

(4)

Promote economic development.

(5)

Protect property values by minimizing the possible adverse effects and visual blight caused by signs.

(6)

Ensure that signs are compatible with adjacent land uses and with the total visual environment of the community.

(7)

Eliminate excessive and confusing sign displays.

(8)

Preserve and improve the appearance of the city as a place in which to live and to work and as an attraction to nonresidents who come to visit or trade.

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-142. - Definitions.

For the purposes of this article, certain terms and words are hereby defined. As used in this article, unless the context otherwise indicates, the following words and terms shall have the meaning ascribed to them:

Abandoned sign. A sign that no longer identifies or advertising a location, product, or activity conducted on the premises on which the sign is located. For purposes of this definition, a business or activity shall be considered to have "ceased operations" when there is clear evidence that a business or activity has vacated the building or grounds; provided, however, that this definition shall not apply to any case where a business or activity is temporarily suspended and there is evidence that the business or activity will resume operations within a specifically designated period.

Advertising device. Any structure or device erected or intended for the purpose of displaying advertising situated upon or attached to real property. For purposes of this article, an advertising device is a sign.

Accessory ground sign. A secondary ground sign, smaller in area than a principal ground sign, which is permitted by this article and which is unrestricted as to its content.

Animated sign. A sign with action, motion, sound, or changing colors which accomplishes such action, motion, sound, or changing colors with or without electrical energy. This includes signs with lights or other illuminating devices that blink, flash, fluctuate, or have a changing light intensity, brightness or color; this definition does not include a "swinging sign" as defined by this article.

Area of sign. The area within a continuous perimeter enclosing the limits of writing, representation, emblem, figure, or character together with any frame, other material, open space, or color forming an integral part of the display or used to differentiate such writing, representation, emblem, figure, or character from the background against which it is placed. For double-faced signs, except for commercial off-premises signs, only the largest display face shall be measured in computing the sign area. The display of street address on a ground sign, wall, or window as required by this article shall not be computed in determining the maximum allowable area of a ground, wall, or window sign.

Awning. An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable.

Awning sign. An awning that contains letters, numbers, symbols, pictures, logos, and illuminated visual display, or other communication, attached, painted on, or made an integral part of an awning. For purposes of this article, awning signs shall be considered wall signs.

Banner. A sign with or without characters, letters, illustrations, or ornamentation applied to cloth, paper, or fabric of any kind with only such material for a backing. For purposes of this article, a banner is a sign.

Building marker. Any sign cut into a masonry surface or made of bronze or other permanent material and which includes the name of a building and date or incidental information, about its construction.

Canopy, attached. A multi-sided structure or architectural projection supported by attachment to a building on one or more sides and also supported by columns at additional points. Signs placed on attached canopies are considered wall signs for the purposes of this article.

Canopy, freestanding. A multi-sided structure or architectural projection supported by columns. Signs placed on freestanding canopies are considered wall signs for the purposes of this article.

Canopy sign. A sign on a canopy. For purposes of this article, a sign on a canopy is a wall sign.

Directory sign. A wall sign which is allowed on a premises with more than one tenant or occupants of a building.

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

Flag. For purposes of this article, except as otherwise provided herein, a "flag" is a "sign."

Frontage, building. The width in linear feet of the front exterior wall of a particular establishment.

Frontage, road.The distance in linear feet of each lot where it abuts the right-of-way of any public street.

Ground sign. A permanently affixed sign which is wholly independent of a building for support (i.e., freestanding). A ground sign may consist of more than one sign panel, provided all such sign panels are attached to or integrated into one sign structure.

Height of sign. The distance in vertical feet from the ground to the highest point of the sign, whether that highest point is the frame of the sign face or panel or the support of the sign.

Holiday decorations. Displays erected on a seasonal basis in observance of religious, national, or state holidays, which are not intended to be permanent and contain no commercial message.

Internally illuminated sign. A sign illuminated by an internal light source which is viewed through a translucent panel.

Inflatable sign. Any sign that is or can be filled with three cubic feet or more of air or gas.

Licensee. A person and/or entity erecting a sign on property of the owner and/or permittee.

Marquee. A roof-like structure attached to and supported by a building wall (with no vertical supports) and that projects in a cantilever fashion from the wall of a building.

Marquee sign. A sign painted on, attached to, or hung from a marquee. For purposes of this article, marquee signs shall be considered wall signs.

Master signage plan. A plan establishing parameters for the size, location, design, and color of signs on a property which contains multiple uses, buildings, or tenants but which is constructed or managed as a single development.

Nonconforming sign. Any sign which lawfully existed on the effective date of this article but which does not conform to the provisions of this article.

Pennant. A small, triangular or rectangular flag or multiples thereof, made of lightweight plastic, fabric, or other material, individually supported or attached to each other by means of a string, rope, or other material and meant to be stretched across or fastened to buildings, or between poles and/or structures, and which is designed to move in the wind. For purposes of this article, pennants are "signs."

Portable sign. Any sign whether on its own trailer, wheels, or otherwise, which is designed to be transported from one place to another. It is characteristic of a portable sign that the space provided for advertising messages may be changed at will by the replacement of lettering or symbols (i.e., a changeable copy sign). Even though the wheels or supports of such sign should be removed and the sign converted and attached, temporarily or permanently, to the ground or other structure, said sign shall retain its character as a portable sign.

Portico. A porch or walkway, open to the outside air, that is covered by a roof supported by columns or pillars, typically leading to the entrance of a building. A portico is considered a "canopy" for purposes of this article.

Principal use sign. Any notice or advertisement, which is permitted in conjunction with a principal use or principal building or use located on the property, and which may display a noncommercial, commercial, or other message, the content of which is not regulated by this article.

Projecting sign. A sign projecting more than 14 inches from the outside wall or walls of any building, or canopy, portico, or awning, upon which it is located.

Roof sign. A sign projecting higher than the front building wall or any sign supported by or attached to said roof.

Sidewalk sign. A movable sign not secured or attached to the ground or surface upon which it is located.

Sign. A lettered, numbered, symbolic, pictorial, or illuminated visual display, device, or communication designed or used for the purpose of identifying, announcing, directing, informing, or bring to the attention of others the subject thereon, that is visible from the public right-of-way, a driveway or parking lot with access to a public right-of-way, or from an adjacent property, except as specifically noted otherwise in this article. For purposes of this article, the term "sign" includes "banners," "balloons," "flags," "pennants," "streamers," "windblown devices," and "advertising devices." Furthermore, the term "sign" includes the sign structure, supports, lighting system, and any attachments, ornaments, or other features used to draw the attention of the observers.

Sign face. That part of a sign that is or can be used for advertising purposes.

Streamers. See "pennants."

Subdivision or multi-use sign. A freestanding monument sign pertaining to a subdivision designed for residences, offices, businesses, institutions, or light industries or combination thereof.

Temporary sign. A sign of a nonpermanent nature and erected for a limited duration.

Trailer sign. Any sign mounted on wheels and that may be moved from one location to another.

Wall sign. A single-sided sign with one visible face applied to or mounted to the wall or surface of a building or structure, the display surface of which if attached to a wall does not project more than 14 inches from the outside wall of such building or structure, or if on an awning, canopy, or portico, is flush with the material of said awning, canopy, or portico. Murals shall be considered wall signs and shall be subject to the regulations applicable to wall signs.

Windblown device. Any device not otherwise specifically defined in this article, that is designed to inform or attract, whether or not such device carries a message, and which all or part of the device is set in motion by wind. For purposes of this article, windblown devices are "signs."

Window sign. A sign installed on or within two feet of an exterior window or door and intended to be viewed from the exterior of the building. Displays which show products or depict services sold on the premises are not to be classified as window signs.

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-143. - Applicability.

No sign may be erected, placed, established, painted, created, or maintained except in conformance with this article.

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-144. - Prohibited signs.

The following types of signs or advertising devices are prohibited in all zoning districts of the city, except as otherwise specifically provided by this article:

(1)

Abandoned signs.

(2)

Animated signs.

(3)

Inflatable signs, except as specifically provided by this article.

(4)

Portable signs.

(5)

Roof signs.

(6)

Sidewalk signs.

(7)

Any sign illuminated at such an intensity or brightness which reasonably interferes with the peace, comfort, convenience, and general welfare of residents or occupants of adjacent properties, or which reasonably creates a hazard to operators of motor vehicles.

(8)

Pennants, streamers, and wind-blown devices.

(9)

Signs which imitate an official traffic sign or signal. This includes signs with colored lights and with shapes similar to those for traffic safety signs, used at any location or in any manner so as to be confused with or construed as traffic control devices or traffic safety signs.

(10)

Signs within the right-of-way, including those attached to traffic signs, utility poles, or guy wires, unless such signs are permitted according to state law.

(11)

Signs attached to trees.

(12)

Advertising displayed on benches, trash cans, telephone booths, and similar devices.

(13)

Trailer signs.

(14)

Strobe lights.

(15)

Any sign placed in such a manner that it obstructs the vision of pedestrians or traffic in a public right-of-way or the entrance of a private street or driveway to a public right-of-way.

(16)

Any sign not specifically permitted in a zoning district as provided under this article shall be prohibited in that district, unless specifically otherwise provided for under this article.

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-145. - Nonconforming signs.

42-145.1.

Replacement. A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution or interchange of poster panels, painted boards or dismountable material on nonconforming signs shall be permitted.

42-145.2.

Repairs and maintenance. No structural repairs, change in shape, or size shall be permitted except to make the sign comply with all requirements of this article. Minor repairs and maintenance of nonconforming signs shall be permitted. However, no structural repairs or changes in the size or shape of a nonconforming sign shall be permitted except to make the nonconforming sign comply with the requirements of this article.

42-145.3.

Duration and continuance. Nonconforming signs which met all requirements of this article when erected may stay in place until one of the following conditions occurs:

(1)

The business, entity, or activity advertised ceases at that location;

(2)

The deterioration of the sign or damage to the sign makes it a hazard; or

(3)

The sign has been damaged to such extent that repairs equal to or exceeding 50 percent of the sign's current replacement value, as determined by independent appraisal and accepted by the zoning administrator, are required to restore the sign.

(4)

No conforming sign shall be permitted to be erected on the same property with an existing conforming sign until the nonconforming sign has been removed or made to conform to the provisions of this article.

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-146. - Permits.

42-146.1.

Building permit required. It shall be unlawful for any person to post, display, substantially change, or erect a sign in the city without first having obtained a building permit, if required by the building code as adopted by the city, for said sign. The applicant for a building permit shall submit application materials as specified by the building official, including a sketch or print drawn to an engineering or architectural scale showing pertinent information such as wind pressure requirements and display materials in accordance with the building code.

42-146.2.

Electrical permit required for illuminated signs. For any sign involving illumination, it shall be unlawful for any person to connect a sign to electrical power without first having obtained an electrical permit, if required by applicable city code. The applicant for an electrical permit shall submit application materials as specified by the building official.

42-146.3.

Sign permit required. Except as specifically excluded or exempted from the provisions of this article, it shall be unlawful for any person to post, display, substantially change, or erect a sign or advertising device in the city without first having obtained a sign permit. For purposes of this article, application for a sign permit and a building permit shall be made simultaneously, and unless otherwise specified on the sign permit, approval of a building permit shall constitute issuance of any required sign permit for said sign.

42-146.4.

Exemptions from sign permit. Any sign which is specifically exempted from the requirements of this article shall be exempt from the requirement to obtain a sign permit. In addition, window signs and all signs four square feet or less in area shall be exempt from a sign permit.

42-146.5.

Sign permit application. Applications for sign permits shall be filed by the sign owner or his or her agent in the office of the zoning administrator upon forms furnished by said office. The application shall describe and set forth the following:

(1)

The type and purpose of the sign as defined in this article.

(2)

A design of the sign which shows the height of the sign, the area of the face of the sign, the color scheme of the sign, and the structural supports of the sign, all drawn to an engineering or architectural scale.

(3)

The street address of the property upon which subject sign is to be located and the proposed location of subject sign on the subject property, and the suite number, where applicable.

(4)

A survey or tax plat of the property on which the sign will be located which shows where thereon the sign will be located and the distance from the property lines and the street right-of-way and street pavement.

(5)

The square foot area per sign and the aggregate square foot area if there is more than one sign face. The application must also show the location and amount of existing signs and their locations.

(6)

The name(s) and address(es) of the owner(s) of the real property upon which the subject sign is to be located, and consent of the owner, or his agent, granting permission for the placement or maintenance of subject sign, which may include a copy of the lease or other document from the owner of the sign which authorized the erection thereof.

(7)

Name, address, phone number and business license number of the sign contractor.

(8)

The zoning administrator may require additional information as a part of the application to ensure compliance with this article.

42-146.6.

Process for issuing sign permits. The zoning administrator shall be authorized to issue sign permits in accordance with the provisions of this article. The city shall process all sign permit applications as quickly as possible but in no case more than ten calendar days of the city's actual receipt of a complete sign permit application and a sign permit fee if required. For purposes of this section only, the term "process" shall mean to make a decision on sign permit applications which can be administratively approved or denied.

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-147. - Variances.

Authority to grant variances. The board of adjustment shall have authority to grant variances to this article, subject to compliance with applicable provisions of article XII of this chapter. The governing body shall have the authority to grant concurrent variances to this article, upon application, subject to compliance with applicable provisions of article X of this chapter relative to concurrent variances. In cases where an application for sign variance is not filed as a concurrent variance or as an application or certificate of appropriateness, it shall be considered and acted upon by the board of adjustment.

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-148. - Maintenance.

All signs shall be maintained by the sign owner in good condition so as to present a neat and orderly appearance. Upon discovery of a sign in need of maintenance, the zoning administrator shall give written notice to the owner of the sign or the owner of the property on which the sign is located if the owner of the sign itself cannot be determined. Said notice shall state the item or items requiring repair or maintenance. The owner shall have 30 days in which to repair or maintain the sign before a citation is issued. If the owner has failed to make repairs or the necessary maintenance within that time, the zoning administrator shall cause a citation to be issued. The zoning administrator may cause to be removed after notice pursuant to this section any sign which shows gross neglect, is dilapidated, or in the opinion of the building official poses an imminent threat to public safety. It shall be unlawful, after the 30 days' notice has expired, for any person to display a sign in any of the following conditions:

(1)

Lettering or other elements of the sign have become detached or have fallen off the sign or become misaligned.

(2)

Painted surfaces on the sign or sign structure have begun to peel, flake over a significant portion of the sign, or have faded or oxidized to an extent that the sign no longer displays the message as originally intended.

(3)

A significant number of the bricks, stones, or other materials on the structural base of a sign have become detached or have fallen off, or have become misaligned.

(4)

Other similar conditions of disrepair or lack of maintenance as determined by the zoning administrator.

(5)

For lighted signs, one or more illumination devices are not working and have not been replaced.

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-149. - Sign height.

42-149.1.

Ground signs. The maximum height of any ground sign regulated by this article shall be ten feet in the A-1, R-1, R-1A, R-1B, R-2, O-P, and CBD zoning districts and 30 feet in the B-1, B-2, LI, and HI zoning districts, except as otherwise specifically provided in this section.

42-149.2.

Increase in height of ground signs. The maximum height of any ground sign established for the zoning district in which the sign is located shall apply, except that for properties situated below road grade may, if the maximum height permitted would prevent adequate visibility, may increase ground sign height by up to 12 feet above the grade of the road. A ground sign within 1,000 feet of a divided federal or state highway may be erected to a height not to exceed 100 feet.

42-149.3.

Wall signs. No attached wall sign, except those exempted by this article, shall exceed the height of the building on which it is placed.

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-150. - Sign setback.

No sign regulated by this article shall be placed or erected closer than four feet of a city, county, state, or federal road right-of-way.

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-151. - Sign allowances by residential district.

42-151.1.

Number of signs limited. Except as specifically provided otherwise, a property shall be limited to only one sign of the type permitted, as provided in this article.

42-151.2.

Types of signs permitted. The types of signs permitted shall be as shown in table 11.1, which also may show signs prohibited or conditionally permitted.

42-151.3.

Maximum area of sign. The maximum area of signs permitted shall be as shown in table 11.1.

42-151.4.

Illumination. Signs in residential zoning districts shall not be internally illuminated. When allowed for a non-residential permitted use, such allowed sign be unlighted or if lighted shall be non-internally illuminated.

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-152. - Sign allowances by non-residential district.

42-152.1.

Number of signs limited. Except as specifically provided otherwise, a property shall be limited to only one sign of the type permitted, as provided in this article.

42-152.2.

Types of signs permitted. The types of signs permitted shall be as shown in table 11.1, which also may show signs prohibited or conditionally permitted.

42-152.3.

Maximum area of sign. The maximum area of signs permitted shall be as shown in table 11.1.

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-153. - Additional regulations.

Signs shall be subject to the requirements of chapter 28 of this Code. When the requirements of this article and chapter 28 conflict with one another, the more restrictive requirements shall apply.

(Ord. No. 12-22-20, 1-5-2021)

Table 11.1
Signs Permitted and Size Allowances in Residential Districts

(X = Not Permitted; C = Conditional Use; P = Permitted)

Note: Any number provided in the table below is square feet maximum permitted and is a sign permitted)

Type of Sign/UseA-1R-1R-1AR-1BR-2TND
1. Principal use ground sign, lot containing a non-residential principal permitted use only 16 16 16 16 24 12
2. Accessory ground sign, single-family residential lot 4 4 4 4 4 4
3. Accessory ground sign, lot containing a non-residential or multi-family permitted principal use only (2 per lot permitted) 4 4 4 4 4 4
4. Wall sign, single-family residential lot X X X X X X
5. Wall sign, on building containing a non-residential permitted principal use only 4 4 4 4 4 4
6. Temporary ground sign during the time when a space, unit, building, or land is for sale, rent, or lease, or under construction (content of sign not regulated by this chapter) 4 4 4 4 8 8
7. Temporary wall or window sign during the time when a space, unit, building, or land is for sale, rent, or lease, or under construction (content of sign not regulated by this chapter) 4 4 4 4 4 4
8. Multi-tenant occupancy ground sign (not permitted for a single-family residential lot; 1 per lot containing multi-family or non-residential permitted use), in lieu of principal use ground sign allowed above 16 16 16 16 24 12
9. Subdivision or multi-use ground sign (2 per entrance to subdivision of permitted multi-use site) (content of sign not regulated by this chapter) 36 36 36 36 36 36
10. Window sign, single-family residential lot (other than temporary wall or window sign during which a space, unit, building, or land is for sale, rent, or lease, or under construction) (content of sign not regulated by this chapter) X X X X X X
11. Window sign, on building containing a non-residential permitted use X X X X X 25% of window area
12. Other signs: per master signage plan approved as a part of a conditional use permit C C C C C C

 

(Ord. No. 12-22-20, 1-5-2021)

Table 11.2
Signs Permitted and Size Allowances in Non-Residential Districts

(X = Not Permitted; C = Conditional Use; P = Permitted)

Note: Any number provided in the table below is square feet maximum permitted and is a sign permitted)

Type of Sign/UseO-PB-1B-2CBDHBLIHI
1. Principal use ground sign, lot containing a non-residential principal permitted use only 24 50 100 X 100 100 100
2. Accessory ground sign, single-family residential lot 4 4 4 4 X X X
3. Accessory ground sign, lot containing a non-residential or multi-family permitted principal use only (2 per lot permitted) 8 8 8 8 8 8 8
4. Wall sign, single-family residential lot X X X X X X X
5. Wall sign, on building containing a non-residential permitted principal use only (maximum 2 signs per establishment, collectively not to exceed area shown)(percent of the wall or surface of a building or structure) 20% 25% 25% 25% 30% 30% 30%
6. Temporary ground sign during the time when a space, unit, building, or land is for sale, rent, or lease, or under construction 12 16 24 12 36 36 48
7. Temporary wall or window sign during the time when a space, unit, building, or land is for sale, rent, or lease, or under construction 8 12 16 8
24
24 36
8. Multi-tenant occupancy ground sign, 1 per property frontage, in lieu of principal use ground sign allowed above 36 + 6 per occupant 72 + 8 per occupant 100 + 8 per occupant 36 + 6
per occupant
100 100 100
9. Subdivision or multi-use ground sign (2 per entrance to subdivision of permitted multi-use site) 36 48 100 36 100 100 100
10. Window sign, single-family residential lot (other than temporary wall or window sign during which a space, unit, building, or land is for sale, rent, or lease, or under construction) X X X X

X
X X
11. Window sign, non-residential permitted use 25% of window area 25% of window area 25% of window area 25% of window area 25% of window area 25% of window area 25% of window area
12. Directory (wall) sign, spaces or units with a single buildings 12 16 24 12 36 36 48
13. Other signs: per master signage plan approved as a part of a conditional use permit C C C C C C C

 

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-154. - Statement of purpose and intent.

A mural is a work of art painted otherwise directly applied on a building or wall. The presence of works of art, including murals, can be a key element to creating a visually satisfying environment for a community. The city is likely to attract commercial enterprises, permanent residents, and visitors if it improves and maintains its overall appearance. The residents ultimately will benefit from enhanced retail and commercial environments and improvements in the quality of life if an attractive environment exists. The existence of works of art, such as murals, is an invaluable element to creating and maintaining a visually appealing setting, which will promote economic development, advance the general prosperity of the community, and serve the general welfare. This is particularly true for the city, which has concentrated residential and commercial areas where murals are more readily noticed and appreciated than such works of art would be in municipalities with geographically large areas.

The purpose of this division is to recognize the following mural types: (1) historic murals; (2) original art murals; and (3) limited message murals. All other similar forms of outdoor visual art that do not meet the definitions of these three forms of murals set forth herein shall be regulated as wall signs under division 1 of this article pertaining to signs.

(Ord. No. 08-23-01, § 1, 9-5-2023)

Sec. 42-155. - Historic murals.

Historic murals are original works of visual art or signs produced by hand that were tiled, painted directly on or affixed directly to a wall or building prior to the date of adoption of this division. Murals that re-create a historic image bearing a relationship to a historic Cornelia theme established after the date of adoption of this division also constitute historic murals. Original historic murals and re-creations of historic images are deemed to comply with this Code.

(Ord. No. 08-23-01, § 1, 9-5-2023)

Sec. 42-156. - Original art murals.

Original art murals are original works of visual art produced by hand that are tiled, painted directly on, or affixed directly to a wall or building. This section is intended to allow and encourage content neutral original art murals. Original art murals may be mechanically produced or computer generated prints or images, but shall not include the use of digitally printed vinyl. Such murals shall not contain electrical or mechanical components or feature a changing image. Original art murals cannot contain text, graphics, or symbols.

(a)

Standards for original art murals. Original art murals shall comply with the following standards:

(1)

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

(2)

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

(3)

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

(4)

Only oil based alkyd enamel or polyurethane enamel, or newer 100 percent acrylic exterior paints shall be used to create murals.

(5)

Murals executed using spray paint shall be limited to air brushing to ensure that high quality paint is used.

(6)

An appropriate clear sealer or a suitable varnish or topcoat shall be applied to the finished mural. Graffiti resistant sealers should be chosen.

(b)

Prohibited original art murals. The following forms of original art murals shall be prohibited:

(1)

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

(2)

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

(3)

Any mural containing electrical or mechanical components.

(4)

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

(Ord. No. 08-23-01, § 1, 9-5-2023)

Sec. 42-157. - Limited message murals.

Limited message murals are murals that are painted on or applied to and made integral with a building wall or free-standing wall that contain a graphic or written message.

(a)

Standards for limited message murals. Limited message murals shall comply with the following standards:

(1)

Limited message murals may contain a graphic or written message not exceeding 50 percent of the width of the building or tenant facade, provided that no such graphic or written message shall have an area exceeding ten percent of the building or tenant facade area as measured at the exterior dimension of the graphic or written message and framing.

(2)

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

(3)

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

(4)

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

(5)

Only oil based alkyd enamel or polyurethane enamel, or newer 100 percent acrylic exterior paints shall be used to create murals.

(6)

Murals executed using spray paint shall be limited to air brushing to ensure that high quality paint is used.

(7)

An appropriate clear sealer or a suitable varnish or topcoat shall be applied to the finished mural. Graffiti resistant sealers should be chosen.

(b)

Prohibited limited message murals. The following forms of limited message murals shall be prohibited:

(1)

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

(2)

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

(3)

Any mural containing electrical or mechanical components.

(4)

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

(Ord. No. 08-23-01, § 1, 9-5-2023)

Sec. 42-158. - Mural permitting process.

This section establishes permitting procedures to allow re-creation, preservation, and maintenance of historic murals, and creation of original art murals and limited message murals. The procedures set forth herein establishes standards for review and approval of applications for new murals or those proposed for repainting or other maintenance to ensure the appropriateness of the mural with the context and compliance with this division. Administrative permits for such applications shall encompass review and approval by the planning board and city commission relative to the following standards; compliance with all other aspects of this Code shall be subject to application of the Code by the community development director.

Standards to be used to process mural applications.

(1)

The historic preservation commission shall consider the size, scale, and relationship of a mural to the historic context in the case of historic murals. Original art murals and limited message murals may or may not bear any relationship to the Cornelia context. The content of a mural shall not be the focus of review.

(2)

Repainting of historic advertising shall be guided by exacting documentation concerning the mural.

(3)

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

(4)

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

(5)

The standards of this division applicable to each mural type shall be considered.

(Ord. No. 08-23-01, § 1, 9-5-2023)

Sec. 42-159. - Substitution.

The owner or the permittee of any mural which is otherwise allowed by this article may substitute non-commercial speech in lieu of any other commercial or non-commercial speech. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech or favoring of any particular non-commercial speech over any other non-commercial speech. This provision prevails over any more specific provision in this article to the contrary.

(Ord. No. 08-23-01, § 1, 9-5-2023)