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

(a)

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

(b)

Permit the reasonable dissemination of speech.

(c)

To forestall visual blight within the city by regulating, through content neutral time, place and manner restrictions, signs such that they minimally detract from the aesthetic quality of life and traffic safety in the city for residents, businesses, pedestrians, and persons traveling in vehicles.

(d)

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

(e)

Promote economic development.

(f)

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

(g)

Facilitate sign usage such that signs are compatible with adjacent land uses and with the total visual environment of the community.

(h)

Encourage signs that are well designed and compatible with their surroundings and with the buildings to which they are appurtenant, and encourage signs that are integrated with and harmonious to the buildings and sites they occupy.

(i)

Eliminate excessive and confusing sign displays.

(j)

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.

(k)

Encourage creative and well-designed signs that contribute in a positive way to the city's visual environment, express local character, and help develop a distinctive image for the city.

(l)

Encourage new and replacement signage that is appropriately sized in its context so as to be easily readable.

(m)

Encourage the construction, alteration, and repair of signs according to accepted and approved standards.

(n)

Ensure the fair and consistent enforcement of sign regulations.

(o)

Preserve the public health, safety and welfare by requiring signs that are dilapidated or otherwise unsafe to be repaired or removed.

(Ord. of 7-17-2018, art. II, § 1)

This article is adopted to serve substantial governmental interests of correcting and avoiding multiple problems that would occur without the regulation of signs. The regulations contained herein are no more extensive than necessary to serve the substantial governmental interests identified in this article. It is not the intent of this article to foreclose important and distinct mediums of expression for political, religious or personal messages. Furthermore, it is not the intent of the city, nor its mayor and council, committees, or agents, to regulate, in any manner, the message content of signs, expect to the extent of obscenity or other messages prohibited by state or federal law.

(Ord. of 7-17-2018, art. II, § 2)

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 following meaning ascribed to them:

Animated sign: A sign with action, motion, sound, or changing colors. This includes signs that blink, flash or fluctuate lights or other illuminating devices which have a changing light intensity, brightness or color; provided however, that this definition does not include automated changeable copy signs as defined by this article.

Area of sign: The area within a continuous perimeter enclosing the limits of writing, representation, emblem, or any figure of similar 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 or any figure of similar character from the background against which it is placed. For double-faced signs, only the largest display face shall be measured in computing the sign area.

Automated changeable copy sign: A sign, usually freestanding, containing copy that changes at intervals.

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.

Commercial and industrial zoning districts: For the purposes of this article the following zoning districts as described and defined in the City of Cumming Zoning Ordinance are classified as commercial and industrial: CBD, HB, INST, NS, OCMS, OP, PSC, and M-1. Additionally, any zoning district created after the adoption of this article will be classified as a "residential," or "commercial and industrial" zoning district, by the director of planning and zoning depending on the characteristics of the new zoning district.

Distance: That span between two or more signs subject to a distance regulation, and shall be a radial measurement from the base of one sign to the base of another sign. For the purpose of determining distance between two or more signs, whether any given existing or permitted sign is within or without the corporate boundaries of the City of Cumming shall not factor into whether a proposed sign complies with the distance requirements of this article.

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.

Discontinued sign: A sign intended to identify, announce, direct, inform, or bring to the attention of others a subject that has been discontinued.

Expression sign: A type of sign, not otherwise specifically defined and permitted in this article, which involves the expression of any idea that could be characterized as free speech, and which is not related to a particular use of land or use upon a parcel of land. Expression signs may include, but are not necessarily limited to signs advocating for or against political candidates, and signs related to issues of public concern.

Flashing sign: Any sign, except those defined by this article as an "automated changeable copy" sign, which is not kept constant in intensity of illumination at all times when in use, and which exhibits marked changes in lighting effects. For the purpose of this article, flashing signs do not include those signs which only scroll information, even though constant intensity of illumination may not be maintained.

Georgia 400 Corridor: The space in-between the edge of the Georgia 400 right-of-way and a line running parallel to that right-of-way for the length of that portion of Georgia Highway 400 which lies within or adjacent to the corporate limits of the City of Cumming. Said parallel line is and runs 150 feet outside of the edge of the right-of-way for Georgia Highway 400. The Georgia 400 Corridor is visually depicted on a map maintained current in the planning and zoning office of the City of Cumming. The right-of-way attendant to any on-ramp, off-ramp, or access road for Georgia 400 shall not be included in calculating the width of the Georgia 400 corridor.

Height of sign: The distance in vertical feet from the ground to the highest point of the sign face.

Home occupancy permit sign: A non-illuminated, professional or business nameplate not exceeding two square feet in area which designates a legally operating home occupation.

Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. For the purpose of this ordinance, a lot shall be the same thing as a parcel.

Monument sign: A freestanding sign where the base of the sign structure is on the ground. The width of the sign structure can be no more than 120 percent of the width of the base.

Multi-faced sign: A pylon sign containing more than two sign faces which sign faces contain cumulative more than 300 square feet of sign face area.

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

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

Portable sign: A sign which is not permanently affixed or mounted, not including sidewalk signs, defined infra.

Pylon sign: A freestanding sign that rests upon a pylon or pole(s), said signs to include, but not be limited to, billboards.

Residential zoning district: For the purposes of this article the following zoning districts as defined and described in the City of Cumming Zoning Ordinance are classified as residential: R-1, R-1A, R-2, and R-3. Additionally, any zoning district created after the adoption of this article will be classified as a "residential," or "commercial and industrial" zoning district, by the director of the department of planning and zoning, depending on the characteristics of the new zoning district.

Roof sign: A sign projecting above the coping of a flat roof, above the ridge of a gable, hip or gamble roof, or otherwise located more than 12 inches above the front building wall and 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, which is placed within a pedestrian sidewalk, which sign shall not be of a size or configuration such that it blocks or unnecessarily impedes pedestrian use of a sidewalk.

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 bringing to the attention of others the subject thereon, that is visible from the public right-of-way of a city, county, or state road.

Sign face: That part of a sign that is or can be used for communicating a message.

Stacked sign: A pylon sign which contains two sign faces arranged one on top of the other, irrespective of the size of those sign faces.

Temporary sign: A sign of a nonpermanent nature.

Time, place, and manner restriction: Regulations to protect governmental interests unrelated to speech, such as size, shape, location, appearance, and number. Time, place, and manner restrictions on signs have a content neutral effect on speech.

Trailer sign: Any sign mounted on wheels and that may be moved from one location to another, but expressly not including such signs to the extent they are participating as a float in a parade such as the Thomas-Mashburn Fourth of July Steam Engine Parade, or other such parades.

Wall sign: A sign applied to or mounted to the wall or surface of a building or structure, the display surface of which does not project more than 24 inches from the outside wall of such building or structure. The total lettering on one side of a building or structure shall constitute one wall sign. Wall signs shall not occupy more than 25 percent of the square footage of any side of a building.

(Ord. of 7-17-2018, art. II, § 3)

The provisions of this article shall apply to all signs erected within corporate limits of the City of Cumming.

(Ord. of 7-17-2018, art. II, § 4)

The following types of signs are specifically exempted from compliance with this article:

(a)

Flags.

(b)

Traffic safety and traffic directional signs installed within the right-of-way of a public street, and traffic safety and traffic directional signs along private streets driveways, and in off-street parking lots that are installed per the requirements of the city engineer or his designees, or per city ordinance, state law, or federal law.

(c)

Street address numbers attached to buildings (maximum letter height 12 inches).

(d)

Signs erected by or on the order of a public officer in the performance of his duty, such as public notices, safety signs, and the like.

(e)

Any sign not visible from a public street.

(f)

Signs pertaining to the time a business, activity, or establishment is open, and conditions under which patrons may receive service, including credit card identification signs or stickers up to one square feet in area per lot.

(g)

Expression signs (no permit required).

(h)

Signs notifying the public that the lot or parcel upon which the sign is placed is for sale or lease, not to exceed 15 square feet in sign face area (no permit required).

(Ord. of 7-17-2018, art. II, § 5)

Except as specifically exempted from the provisions of this article, it shall be unlawful for any person to post, display, substantially change, or erect a sign in the city without first having obtained a sign permit. For purposes of this article, application for a sign permit, a building permit, or a business license may be made simultaneously.

(Ord. of 7-17-2018, art. II, § 6)

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

(a)

A design of the sign, including designation of the type of sign if specifically defined in this article, which shows the height of the sign, the area of the face of the sign, and the structural supports of the sign.

(b)

The street address of the property upon which subject sign is to be located.

(c)

A survey of the property on which the sign will be located. The survey shall include the proposed sign location and the distance from the proposed sign to property lines, structures, paved street surface, existing signs, and right-of-way.

(d)

The square foot area per sign face and the aggregate square foot area if there is more than one sign face.

(e)

The name(s) and address(es) of the owner(s) of the real property upon which the subject sign is to be located, and the consent of the owner, or his agent, in writing, granting permission for the placement or maintenance of subject sign.

(f)

Name, address, and phone number of the individual or entity erecting the sign.

(g)

The director of planning and zoning may require additional information to insure compliance with this article.

(Ord. of 7-17-2018, art. II, § 7)

(a)

Building permit required: For any monument sign, pylon sign, or any sign connected to electrical power, a building permit is required before posting, displaying, substantially changing, or erecting such signs, unless such signs are otherwise specifically exempted from regulation by this article.

(b)

The applicant for a building permit shall submit application materials as specified by the director of the department of planning and zoning, including a sketch or print drawn to scale showing pertinent information such as wind pressure requirements and display materials in accordance with the standard building code.

(c)

Signs requiring a building permit shall comply with all applicable construction codes, including, but not limited to, building codes and electrical codes, which are effective in the City of Cumming at the time the building permit is sought.

(Ord. of 7-17-2018, art. II, § 8)

(a)

The director of planning and zoning shall be authorized to issue sign permits which are in accordance with the provisions of this article. The city shall process all sign permit applications within 30 days of the city's actual receipt of (1) a complete sign permit application; and (2) the sign permit fee. For purposes of this section only, the term "process" shall mean to (1) make a decision on sign permit applications that can be administratively approved or denied, or (2) bind over the decision on the sign permit application to the Mayor and Council of the City of Cumming. In no event, except with written permission of the applicant, may the director of planning and zoning delay processing a sign permit application. The failure to process a sign permit application within 30 days of the city's actual receipt of a completed sign permit application accompanied by the sign permit fee without the written permission of the applicant shall result in the sign permit request being automatically granted.

(b)

For the purpose of administering and issuing approved sign permits, such permits shall be issued in writing, and may be obtained from the department of planning and zoning during its hours of operation once the sign permit has been approved.

(c)

The director of planning and zoning shall reject any application containing any omissions, false statements, or which is not accompanied by the applicable sign permit fee. The director of planning and zoning shall deny any application which, in his determination, fails to comply with the requirements of this article, or which fails to seek a variance required for the sign to be permitted as proposed. Any rejected or denied application later resubmitted shall be deemed to have been submitted on the date of re-submission, instead of original submission date. Should it be determined that a sign permit was issued pursuant to an application containing a false material statement or omission, the director of planning and zoning shall revoke said application and the subject sign shall be removed. A revocation pursuant to this section shall be appealable pursuant to this article.

(d)

Administrative approval and denial.

(1)

For the purpose of administering this article, permit applications which can be "administratively approved" are those which, in the determination of the director of planning and zoning, comply with all requirements of this ordinance and which do not require any variances from the terms and performance standards of this article. For the purpose of administering this article, permit applications which can be "administratively denied" are those which, in the determination of the director of planning and zoning, fail to comply with all requirements of the ordinance or which would require a variance from the terms or performance standards of this ordinance, but the applicant failed to apply for any such variance.

(2)

In the following circumstances, the director of planning and zoning may bind over a decision on a sign permit application to the Mayor and Council of the City of Cumming:

a.

The director is unable to reach a determination as to whether the application complies with the terms of this article.

b.

The application seeks variances to the terms or performance standards of this ordinance which will require the approval of the mayor and council in any event.

(e)

Decisions bound over: In the event that the director of planning and zoning binds over a decision on a sign permit application to the Mayor and Council of the City of Cumming, then the following procedures shall control.

(1)

The mayor and council shall hold a public hearing on the sign permit application request at the next regularly scheduled meeting of the mayor and council of the city. At this same hearing, the mayor and council shall hear any and all variance requests related or pertaining to the sign permit application. Public comment on the sign permit application and any variances related to the same shall be limited to ten minutes for those speaking in favor of the sign, and ten minutes for those speaking in opposition to the sign.

(2)

At the conclusion of the public hearing the mayor and council shall render a decision on the sign permit application, and in so doing shall direct the director of planning and zoning for the city to either issue the permit, issue the permit with conditions, or deny the permit. The director of planning and zoning shall comply with the directive of the mayor and council within 48 hours of the meeting at which the decision on the application was made.

(f)

Applications which are denied by the city or withdrawn by the applicant prior to issuance of a permit by the city shall have their sign permit fee refunded, less $25.00 to offset costs related to the intake and review of the sign permit application.

(g)

Appeals of decisions made pursuant to this section may be filed in accordance with section 113-546, infra.

(Ord. of 7-17-2018, art. II, § 9)

A sign permit shall become null and void if the construction or installation of the sign for which the permit was issued has not been completed within 12 months after the date of issuance. No refunds will be made for a permit after the permit is issued. If an individual or entity desires to erect a sign at the same location after the expiration of a permit, a new application for the sign must be processed and another fee paid in accordance with the fee schedule and sign ordinance applicable at such time.

(Ord. of 7-17-2018, art. II, § 10)

No sign permit shall be issued until the appropriate application has been filed with the director of planning and zoning and sign permit application fees have been paid as adopted from time to time by the Mayor and Council of the City of Cumming.

(Ord. of 7-17-2018, art. II, § 11)

The director of planning and zoning, or his designee, shall have the right to inspect all existing and future signs in the City of Cumming to determine:

(a)

Whether such signs are in compliance with this article (or in the case of legal nonconforming signs such ordinance as governs said signs); and

(b)

Whether the signs are in such condition as is conducive to maintain the public's health, safety, and welfare.

All signs which are found to be in an unsafe condition in the determination of the director of planning and zoning shall be addressed in accord with section 113-537, infra.

(Ord. of 7-17-2018, art. II, § 12)

(a)

Violation of any provision of this article shall be grounds for terminating the sign permit granted by the city to the owner.

(b)

Except as otherwise provided in this article, no permit shall be suspended, revoked or canceled except for cause as hereinafter defined. Prior to any such action, the permittee shall be granted a public hearing before the mayor and council of the city at its next regularly scheduled meeting, if sufficient time exists to provide notice to the permittee pursuant to subsection (d) below, and if not, then at the following regularly scheduled meeting.

(c)

"For cause" is defined as the violation of any provision of this article.

(d)

The permittee will be given at least ten days' written notice of the time, place and purpose of any public hearing at which its sign permit may be suspended, revoked, or canceled, with a statement of the reason for the proposed action.

(e)

The termination of the permit does not in any way preclude the person or persons alleged to have violated the provisions of this article from being assessed fines under the terms of this article, tried under the enforcement provisions of this article, nor does it preclude the city from taking any other action authorized by the Code of the City of Cumming, Georgia, and/or any other action authorized by law.

(Ord. of 7-17-2018, art. II, § 13)

It is the intent of this article to establish reasonable time periods for the removal of discontinued signs.

(a)

Generally:

(1)

For purposes of this section, all signs pertaining to a business, service, institution, industry, or other activity that ceases operations shall be deemed to be discontinued signs.

(2)

For purposes of this section, "ceases operations" shall refer to those situations where there is substantial evidence that a business or activity has vacated the building or grounds; provided further that this section 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.

(3)

It shall be the responsibility of the property owner, the operator of a business or activity discontinuing a lease if any, and the leasehold manager if any, to ensure compliance with the provisions of this section and each such person or entity shall be considered individually responsible for compliance with this section.

(b)

All discontinued signs, with the exception of pylon signs and monument signs, shall be removed within ten days from the date of discontinuance. The director of planning and zoning may permit an extension of this removal period only in cases where special equipment is needed to remove the sign and removal of the structure cannot reasonably be arranged by the sign owner within the ten-day time period.

(c)

All discontinued signs that meet the definition of a pylon sign shall be removed within 60 days from the date of discontinuance. The director of planning and zoning may permit one 30-day extension of this removal period only in cases where special equipment is needed to remove the sign or sign structures, and removal of the structure cannot reasonably be arranged by the sign owner within the 60-day time period.

(d)

This section shall not apply to the structure of a monument sign, provided that it might reasonably be used by a future tenant or property owner, complies with the provisions of this ordinance, and the sign is maintained in good condition; provided further, that the following shall be met:

(1)

If a discontinued monument sign contains a message panel that is removable from the monument structure without disassembling the monument, then within 30 days of the date of discontinuance said panel shall be removed and the portion of the monument structure that previously held the message panel shall be covered with durable cloth, canvas or other suitable material for the pertinent sign which material shall be approved by the director of planning and zoning to avoid the appearance of blight, until such time as a new sign permit is applied for and granted and an approved sign panel is installed in said monument.

(2)

If a discontinued monument sign contains a sign copy area that is not removable without disassembling the monument, then said sign copy area shall be modified (e.g., painted over or covered with durable cloth, canvas or other suitable material for the pertinent sign which material shall be approved by the director of planning and zoning), so that the sign copy pertaining to the business or activity discontinued is no longer visible, until such time as a new sign permit is applied for and granted and approved sign copy is affixed on the sign copy area of said monument.

(Ord. of 7-17-2018, art. II, § 14)

(a)

Removal of signs not maintained. All signs shall be maintained by the property owner and/or the license holder in good condition so as to present a safe condition, as well as a neat and orderly appearance. The director of the department of planning and zoning may revoke a sign permit or remove or cause to be removed after notice any sign that has not been timely removed after being discontinued as set forth in section 113-536, or which shows gross neglect, becomes dilapidated, falls into disrepair, is not being maintained (including regular maintenance of the sign face to keep the appearance of the sign face in a neat and orderly appearance) or in the opinion of the director or his designees poses a threat to public safety. The director of planning and zoning or his designee will give the owner 30 days' written notice to correct the deficiencies or to remove the sign or signs, except signs which pose a threat to public safety which shall be removed in accord with section 113-541, infra. Said written notice may be made by U.S. mail sent to the owner of the property upon which the sign is located and the licensee as applicable. If the notice recipients refuse to correct the deficiencies or remove the sign, the director of planning and zoning or his designee will have the sign removed, and the city shall be entitled to a lien for the cost of removal against the lot or parcel upon which the sign existed before removal.

(b)

Maintaining messages and copy on signs. Signs may not lack copy or a message for in excess of 30 days. In the event a sign lacks copy or a message for in excess of 30 days, the owner of said sign shall cause the sign to bear copy or a message advertising the sign as available, and shall maintain such copy or message until the sign face is occupied by different copy or message. It is the intent of this provision to avoid the visual blight which accompanies vacant and un-maintained sign copy and/or messages. Failure to either maintain the message or copy, or the failure to advertise the sign as available, shall be considered grounds for removal of the sign and revocation of the sign permit.

(Ord. of 7-17-2018, art. II, § 15)

(a)

As to all signs permitted after the effective date of this ordinance amendment, the owner of the land, the permit holder, their successors and assigns shall and by applying for a permit agree to be responsible for all costs of relocation of said sign and shall waive any claim for the value of the land with a sign located upon it in the event that any road, or right-of-way, or utility easement is expanded in the City of Cumming that necessitates relocation or loss of the sign at the permitted location. This provision does not waive any prior agreements and consents to be responsible for similar charges under prior versions of the ordinance.

(b)

All permits issued for signs under this article shall be conditioned upon the land owner, permit holder and their successors and assigns being bound to incur said relocation costs and waiving any claim of damages or vested rights in the sign due to road or right-of-way, or utility expansion which requires relocation or total loss of the sign. All sign permit applications and all sign permits shall have the following legend imprinted thereon:

"Acceptance of this permit and erection of the sign approved herewith shall irrevocably bind the owner of the land, the permit holder, their successors and assigns (hereinafter collectively the "Permit Holder") to pay any and all costs of relocation of the sign in the event that the City or other governmental entity expands the road or right of way or utility infrastructure in such a way so as to impact the sign. The Permit Holder agrees that it acquires no vested rights in the sign on the property location, and agrees to make no claim for condemnation, inverse condemnation or other loss or damage as a result of the inability of Permit Holder to maintain a sign at this location. The Permit Holder agrees that the permit is a conditional license that may be revoked by the City at any time due to the need for road or other utility improvements, and that the Permit Holder has taken all of these factors into consideration when buying or leasing the land upon which the sign will be located and when designing, constructing and maintaining the sign."

(Ord. of 7-17-2018, art. II, § 16)

This article shall be administered and enforced by the director of planning and zoning or his or her designee as follows:

(a)

In case any sign is proposed to be erected, constructed, altered, converted, or used in violation of any provision of this article, the director of planning and zoning may, in addition to other remedies, and after notice to the appropriate person, issue a citation for violation of the city ordinance thereby requiring the presence of the violator in municipal court; institute the filing of a petition for an injunction, or other appropriate action or proceeding to prevent such unlawful erection, construction, alteration, conversion, or use to correct or abate such violation.

(b)

The director of planning and zoning may have the sign removed at the expense of the owner and/or licensee, and may issue a citation for violation of the city ordinance to such person, the person or entity erecting, installing or placing the sign, as well as those parties whose name, message, and/or address, and/or telephone number appear on the sign.

(1)

Before removing a sign, the director of planning and zoning shall endeavor to give notice of the pending removal to the property owner upon whose property the sign is located, the licensee as applicable, the person or entity which erected the sign, and those parties whose name, message, address, and/or telephone number appear on the sign. Attempting to contact such persons by telephone and/or U.S. mail shall comply with the notice requirement of this provision.

(2)

In the event that any or all of the aforementioned entities or individuals are not readily ascertainable by the director of planning and zoning, then the sign may be removed without such attempt at notice being required.

(c)

Any sign located within a public street right-of-way may be removed immediately by the city without warning or notice to the sign owner.

(d)

All costs of enforcement shall be paid by the sign owner, the permittee, and/or the property owner, shall constitute a lien upon the lot or parcel upon which the sign existed, and shall be paid in full with interest at the legal statutory rate prior to any new sign permits being issued for that lot or parcel.

(Ord. of 7-17-2018, art. II, § 17)

Any person violating any provision of this article shall be subject to a fine up to $500.00 per violation or by imprisonment for a period not to exceed 60 days, or both. Each day for which a violation of the ordinance exists shall be a separate violation of the ordinance.

(Ord. of 7-17-2018, art. II, § 18)

Nonconforming signs that met all legal requirements when erected may stay in place until they are otherwise subject to removal as described this article, including, but not limited to, those grounds for removal in sections 113-536 and 113-537. Additionally, a nonconforming sigh may be removed when deterioration of the sign or damage to the sign makes it a threat to public safety, and no repairs have been effected within ten days of receipt or return of registered or certified notice from the director of planning and zoning directing that immediate repairs are necessary to protect public safety. Any sign removed shall not be replaced except through a new application under the then current sign ordinance.

(Ord. of 7-17-2018, art. II, § 19)

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

(a)

Flashing signs.

(b)

Any air- or gas-filled balloons or other similar devices, and permanent signs made of paper, cloth, or other nondurable materials, except as such signs are specifically approved by special permit in accordance with this article. Temporary banner signs made of non-rigid material are permissible when attached to pedestrian lighting fixtures for a period up to 60 days. These temporary banner signs shall be permitted only by issue of a sign permit.

(c)

Multi-faced signs.

(d)

Portable signs.

(e)

Roof signs which extend in excess of 15 feet above the roof of the building to which they are attached.

(f)

Streamers and pennants, except as specifically approved by special permit in accordance with this article.

(g)

Signs that imitate an official traffic sign or signal. This includes signs that use colored lights used at any location or in any manner so as to be confused with or construed as traffic control devices.

(h)

Signs within the right-of-way, including those attached to traffic signs or telephone poles.

(i)

Signs attached to trees.

(j)

Signs attached to courtesy benches, trashcans, and similar devices, with the exception of signage related to the ownership of such items.

(k)

Stacked signs.

(l)

Trailer signs.

(m)

Signs which are constructed of materials that are not sufficiently durable to withstand weather and climatic events while maintaining a clean, neat and orderly appearance, or which may pose a threat to the public health, safety and welfare. The materials to be used in constructing a sign shall be disclosed as part of the sign permit application in order to allow the materials to be assessed for compliance with this provision.

(Ord. of 7-17-2018, art. II, § 20)

The following types of signs shall be permitted only by issuance of a sign permit, and a building permit and electrical permit if required, allowing usage of this type sign for a period not exceeding 30 consecutive days, except as more specifically provided in this section. No such permit shall be issued for the same lot at less than six-month intervals. All signs must be set back at least ten feet from any public right-of-way. A fee, as may be established from time to time by resolution of the mayor and council of the city, shall be charged and must be paid for each sign permit in addition to fees for any required building and electrical permits.

(a)

Air- or gas-filled balloons or other devices which have a capacity for air or gas which exceeds three cubic feet, per lot.

(b)

Streamers or two pennants, per lot.

(c)

Banners, not specifically exempted from compliance with this article, each with a maximum size of 32 square feet, not to exceed three on any given lot.

(d)

Four searchlights or similar devices per lot.

(Ord. of 7-17-2018, art. II, § 21)

Weekend signs shall be allowed without the necessity of obtaining a permit, subject to the following requirements:

(a)

Such signs shall be allowed only on Fridays from 12:00 p.m. through Mondays until 12:00 p.m.

(b)

No more than one weekend sign shall be allowed on any given lot.

(c)

No such sign shall be located on any public right-of-way, and it must be on private property with the consent of the property owner.

(d)

Signs shall not exceed a maximum area of 15 square feet each.

(e)

For identification purposes the owner of said sign shall stamp or write legibly its name and contact information, on the backside or in a corner of the sign.

(f)

In order to confirm legitimacy of sign placement, the owner of every weekend sign shall stamp or write legibly on the backside or corner of the sign the name of the property owner providing authorization for placement of the sign and a telephone number of that property owner.

(g)

Such signs shall not be illuminated.

(h)

The minimum fine for placement of a weekend sign in contravention of this article shall be $100.00. For enforcement purposes, each sign placed in contravention of this article is a separate violation.

(i)

For purposes of prosecuting this chapter, it is hereby established that if the subject matter of a wrongfully placed weekend sign is a business, individual or entity subject to identification, then a rebuttable presumption exists that the business, individual or entity so identified caused the sign to be so placed and is subject to citation.

(j)

Expression signs: Expression signs are governed by O.C.G.A. § 16-7-58, and shall be allowed without the necessity of obtaining a permit.

(Ord. of 7-17-2018, art. II, § 22)

No sign regulated by this article shall be placed or erected within any public right-of-way. Additionally, no sign, in excess of 30 inches high shall be placed within ten feet of a public right-of-way.

(Ord. of 7-17-2018, art. II, § 23)

(a)

Any person aggrieved by any decision of the director of planning and zoning, the mayor and council of the city, or other official with authority to administer or interpret this Code may be taken to the Zoning Board of Appeals for the City of Cumming. Unless inconsistent with the procedures outlined by this article, such appeals will follow the requirements and procedures defined in the zoning ordinance of the city. Where the denial of any sign permit is appealed, it shall be set down for consideration at the next meeting of the zoning board of appeals. A final determination shall be issued by the appellate body within 60 days from the date that the appeal is formally filed in writing by the sign applicant. Appeal from the decision of the zoning board of appeals shall be filed with the Superior Court of Forsyth County.

(b)

Variances to the height performance standard delineated in this article may be granted by the mayor and council of the city if sought by the applicant for a sign needing such a variance. Variances must be requested on forms provided by the department of planning and zoning, and are subject to such additional fees as may be set by the mayor and council of the city from time to time. Variances will be considered by the mayor and council along with the permitting procedures discussed in section 113-531 supra.

(1)

Variances will only be granted when the applicant shows that the topography of the land upon which the sign is to be erected is such that the variance is necessary for the sign to be viewable or for public safety purposes.

(2)

Variances will only be permitted to add, at maximum, 20 feet to the height of a sign.

(Ord. of 7-17-2018, art. II, § 24)

Any sign regulated by this article shall comply with the requirements outlined for the zoning district category in which the sign is located.

(Ord. of 7-17-2018, art. II, § 25)

(a)

Permitted signs.

(1)

Expression signs (no permit required).

(2)

Signs notifying the public that the lot or parcel upon which the sign is placed is for sale or lease, not to exceed 15 square feet in sign face area (no permit required).

(3)

Home occupancy permit signs.

(4)

Monument signs at the entrance to a residential development or the entrance to a phase of a residential development.

(b)

Performance standards.

(1)

The maximum height for signs shall not exceed six feet.

(2)

Any lot within a residential zoning district shall be limited to 40 square feet of aggregate sign face. Limitations on the allowable square feet of signage are aggregate and may be distributed among any permitted signs (the 40 square feet of aggregate sign face may consist of any combination of permitted signs).

(3)

No signs may be placed within any public right-of-way, and no signs exceeding a height of 30 inches may be placed within ten feet of any public right-of-way.

(4)

To the extent that any restrictions contained herein are inconsistent with state law, including O.C.G.A. § 16-7-58, said state law shall control.

(Ord. of 7-17-2018, art. II, § 26)

(a)

Generally permitted signs throughout commercial and industrial zoning districts.

(1)

Expression signs (no permit required).

(2)

Signs notifying the public that the lot or parcel upon which the sign is placed is for sale or lease, not to exceed 15 square feet in sign face area. (No permit required)

(3)

Murals on property, walls, or buildings owned by the City of Cumming as approved by the city.

(b)

Specific zoning district considerations.

(1)

Central business district/office professional/neighborhood shopping. Permitted signs include:

a.

Monument signs with a sign face < 320 square feet and height under 20 feet.

b.

Wall signs containing coverage of no more than 25 percent of any single given wall face.

(2)

Highway business/planned shopping center.

a.

Monument signs with a sign face of < 320 square feet and a height under 30 feet.

b.

Pylon signs with a sign face of < 420 square feet and a height under 30 feet.

c.

Wall signs containing coverage of no more than 25 percent of any single given wall face.

d.

Roof signs.

(3)

Intuitional/M1 restricted industrial.

a.

Monument signs with a sign face < 320 square feet and height under 20 feet.

b.

Wall signs containing coverage of no more than 25 percent of any single given wall face.

c.

Roof signs.

(4)

Planned unit development (PUD).

a.

Acceptable signs for use in a PUD shall be proposed by the applicant for consideration by the mayor and council as part of their proposal for overall zoning approval.

(c)

Miscellaneous performance standards. Where not otherwise restricted by this article, the following performance standards shall control:

(1)

The maximum height for signs not within the Georgia 400 Corridor shall not exceed 30 feet.

(2)

Signs within the Georgia 400 Corridor shall not exceed a maximum height of 1,340 feet above mean sea level, based upon a certified elevation measurement from a registered land surveyor.

(3)

The maximum square footage for a single sign face shall not exceed 420 square feet.

(4)

The minimum separation required between two pylon signs shall not be less than 1,500 feet as distance is defined by this article.

(5)

No signs except as specifically provided for above may be placed within any public right-of-way, and no signs exceeding a height of 30 inches may be placed within ten feet of any public right-of-way.

(Ord. of 7-17-2018, art. II, § 27)

According to research, automated changeable copy signs present additional considerations for the public health, safety, and welfare, in that change in copy can pose a potential distraction to drivers, thus increasing the likelihood of automobile accidents, because they can alter the driver's attention from the road to such a sign. Accordingly, as part of the reasonable time place and manner restrictions, the following restrictions apply to automated changeable copy signs:

(a)

For each new automated changeable copy sign, including, but not limited to, signs commonly described as "LED Billboards," the applicant must release the permits for and remove two static faced pylon signs. No permits for construction of a new automated changeable copy sign will be issued until such time as the two static faced pylon signs have been removed and any permits therefore surrendered.

(b)

The foregoing notwithstanding, for any legal non-conforming pylon signs which are removed with permits surrendered in conjunction with an application for a new automated changeable copy sign permit, the ratio of removal to new permit issuance shall be 1:1.

(Ord. of 7-17-2018, art. II, § 28)