(a)

The mayor and council find that signs provide an important medium through which individuals may convey a variety of messages. However, signs can pose a threat to public safety as a traffic hazard and can be a detriment to property values and the city's overall public welfare as an aesthetic nuisance. Accordingly, the mayor and council establish these regulations governing the display of signs to accomplish the following objectives:

(1)

Promote and protect the public health, safety and general welfare;

(2)

Enhance the economy and the business and industry of the city by promoting the reasonable, orderly and effective display of signs;

(3)

Restrict signs and lights that increase clutter or that increase the probability of traffic accidents by obstructing vision;

(4)

Promote signs compatible with surroundings; and

(5)

Insure the fair and consistent enforcement of sign regulations.

(b)

Various and diverse businesses are located within the City of Demorest. The need to advertise products and services must be balanced by the city's obligation to restrict clutter, maintain an aesthetically pleasing environment, protect property values, and enhance public safety.

(c)

Regulation of the location, size, placement, and certain features of signs enables the public to locate goods, services, and facilities in the city without difficulty and confusion, improves the general attractiveness of the community, takes advantage of the beauty of the community's natural environment, and protects property values. Regulation is also necessary to facilitate and aid in the identification and location of businesses in the city in the event of police, fire, or other emergencies and to avoid confusion and delay in response to emergencies.

(d)

Also, a purpose of this article is to insure proper maintenance for safety, structural soundness, and appearance of signs.

(Ord. of 10-03-2017)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aggregate sign area shall mean the area of all signs on a parcel, excluding the area of one face of all double-faced signs.

Animated sign shall mean a sign with action, motion, or changing colors that requires electrical energy. This definition includes any sign that electronically changes the sign face whether by substitution of copy or scrolling. An electronic sign that maintains a steady sign face without change for no less than ten seconds is not considered an animated sign. However, any deviation from the minimum ten second change of unchanged copy results in the sign being considered an animated sign.

Area of a sign/sign area shall mean the smallest square, rectangle, triangle, circle, or combination thereof, which encompasses one face of the entire sign, inclusive of any border and trim but excluding the base, apron, supports, and other structural members.

Awning sign shall mean a sign located on a roof-like cover extending before a place as a shelter and which may be used in lieu of a wall sign.

Billboard sign. See Oversized signs.

Double-faced sign shall mean a sign which has two display areas placed back to back 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.

Electronic (LED) signs shall mean light emitting diode and/or electronic variable message center (EVMC) signs and include any motion picture or video mechanism used to permit or allow the images to be visible from a public right-of-way.

Flag shall mean any fabric or bunting containing colors, patterns, or symbols used to signify a government or other entity or organization.

Freestanding sign shall mean a sign securely affixed to a support structure which is permanently attached to the ground and wholly independent of any building for support, such as monument or stanchion signs.

Historic District shall mean that area designated as "Historic District" on the City of Demorest, Georgia Land Use Ordinance District Map.

Illuminated sign shall mean a sign that has light cast upon the sign from a source either internal to the sign or from an external light source directed primarily toward such sign.

Main Street corridor shall mean the Old Historic U.S. 441/Central Avenue area of the city.

Monument sign shall mean a freestanding sign mounted directly upon the ground. Such sign may not be attached to or be a part of or supported by the building in or to which the sign applies.

Nonconforming sign shall mean any sign which does not conform to the provisions of this article that was legal at the time of its erection.

Overlay zoning means any zoning requirements such as historic districts that are in addition to the underlying zoning district.

Oversized sign shall mean any sign which exceeds 32 square feet of sign.

Parcel shall mean a separate tax unit of real property on county real estate records.

Roof sign shall mean a sign attached to or supported by the roof of a building which extends above the immediately adjacent roof line of the building.

Sign shall mean a device or representation for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.

Stanchion sign shall mean a freestanding sign mounted on one or more steel poles set in the ground and of sufficient strength and size to support the advertisement portion of such structure that rests upon or is supported by such poles.

Wall sign shall mean a sign fastened, placed or painted upon or parallel to the exterior wall of the structure itself, whether front, rear or side of the structure.

Window sign shall mean a sign installed flush with or on a window and intended to be viewed from the outside.

(Ord. of 10-03-2017; Ord. of 3-1-2022, § 1.1)

All signs allowed by this article, except those exempt from obtaining a permit, shall require a permit issued by the city before posting, displaying, substantially changing, or erecting a sign in the city.

(1)

Existing signs shall be grandfathered in and shall not be required to meet this article until the existing sign is replaced.

(2)

Applicants shall apply for a permit at city hall.

(Ord. of 10-03-2017)

Applications for sign permits required by this ordinance shall be filed by the sign owner or the owner's agent with the city manager or the city manager's designee. The application shall describe and set forth the following information:

(1)

The street address of the property where the sign is to be located and a plat or map of the property, drawn to scale, showing all existing structures, including existing signage and that bears an indication of the proposed location of the sign;

(2)

The aggregate area of all signs on the parcel;

(3)

The name(s) and address(es) of all of the owner(s) of the real property upon which the subject sign is to be located;

(4)

Consent of the owner, or the owner's agent, granting permission for the placement or maintenance of the sign;

(5)

Name, address, phone number of the sign contractor and copy of valid business license;

(6)

The type of sign to be erected, the area of the sign, the height of the sign, the shape of the sign, and an explanation of how the sign is to be mounted or erected;

(7)

All information regarding distance, lot size, land use district and other requirements set forth in the city's land use ordinance pertaining to signs.

(Ord. of 10-03-2017)

The city shall process all sign permit applications within 30 business days of the city's actual receipt of a completed application and accompanying sign permit fee. The city shall give notice to the applicant of the decision of the city by hand delivery or by mailing notice, by first class mail, to the address on the permit application, on or before the 30th business day after the city's receipt of the completed application and fee. If mailed, then notice shall be deemed to have been given upon the date of mailing in conformity with this section. If the city fails to act within the 30 business days, then the permit shall be deemed to have been granted.

(a)

Procedure. The city shall deny permits to applicants who submit applications for signs that do not comply with the provisions of this article, are incomplete applications, or applications containing any false material statements. A violation of any provision of this article shall be grounds for terminating a permit granted by the city for the erection of a sign. If a sign permit was issued pursuant to an incomplete application or an application containing a false material statement or if a permit has been erroneously issued in violation of this article, then the city shall revoke the permit. If the city denies a permit, then the reasons for the denial shall be stated in writing and mailed by first class mail or via hand delivery to the address on the permit application on or before the 30th business day after the city's receipt of the application. Any application denied and later resubmitted shall be deemed to have been submitted on the date of re-submission instead of the date of the original submission. No permit shall be denied or revoked, except for due cause as hereinafter defined. "Due cause" is the violation of the provisions of this article, state or federal law related to signs, or the submission of an incomplete application or an application containing false material statements.

(b)

Appeal. An individual whose permit application has been denied or a permittee whose permit has been revoked may appeal the decision of the city manager to the Demorest Planning Commission upon filing of written notice of an appeal with the city manager within 30 days of the decision.

(c)

Petition for hearing. If a permit is denied or revoked by the planning commission, then the applicant may petition for a hearing before the mayor and council of the city by initiating the same appeals process as for variance.

(Ord. of 10-03-2017; Ord. No. 2023-0613, § 1.l), m), 6-13-2023)

A sign permit shall become null and void if the sign for which the permit was issued has not been completed and installed in accordance with the permit application within six months after the date of issuance. No refunds will be made for permit fees paid for permits that expired due to failure to erect a permitted sign. If later an individual desires to erect a sign at the same location, then a new application must be processed and another fee paid in accordance with the fee schedule applicable at such time.

(Ord. of 10-03-2017)

A sign permit shall not be issued until the appropriate application has been submitted and fees have been paid, as established by the mayor and council.

(Ord. of 10-03-2017)

The following types of signs are prohibited throughout the city:

(1)

Animated signs;

(2)

Signs on public rights of way other than publicly owned or maintained signs;

(3)

Window signs that exceed 30 percent of the window area;

(4)

Signs that contain words, pictures, or statements that are obscene, as defined by the O.C.G.A. § 16-12-80;

(5)

Signs that simulate an official traffic control or warning sign or that hide from view any traffic or street sign, signal or public service sign;

(6)

Signs that emit or utilize in any manner any sound capable of being detected on any traveled road or highway by a person with normal hearing;

(7)

Signs that interfere with road or highway visibility or obstruct or otherwise interfere with the safe and orderly movement of traffic; and

(8)

Signs erected by nailing, fastening or affixing the sign in any manner to any tree, post, curb, utility pole, or other structure except as set forth herein.

(Ord. of 10-03-2017)

Other than subdivision entrance signs allowed under section 30-187, parcels located in residential zoning districts shall not contain signs having an aggregate sign area greater than 15 square feet. No individual sign shall exceed six square feet in sign area in a residential zoning district. Signs having a height of greater than five feet above the grade level of the center line of the adjacent street to which the parcel on which the sign is located shall not be located in residential zoning districts. Signs meeting the standards of this section are exempt from permitting requirements.

(Ord. of 10-03-2017)

Platted residential subdivisions consisting of more than two parcels may erect one monument sign at each entrance to the subdivision. Such sign shall not exceed a height of five feet above the grade level of the center line of the adjacent street and shall not have a sign area greater than 25 square feet. Such entrance signs shall not count toward the maximum allowable signage on a residential parcel.

(Ord. of 10-03-2017)

All sign heights shall be measured from the grade level of the center line of the adjacent street to which the property on which the sign is located has access. The level of the ground shall not be altered in such a way as to provide additional sign height.

(Ord. of 10-03-2017; Ord. of 3-1-2022, § 1.2)

(a)

The following size and location requirements shall be applicable to signs located in non-residential zoning districts:

(1)

No freestanding sign may be located within 20 feet of the intersection of street right-of-way lines extended.

(2)

No sign shall be located on any building, fence or other property belonging to another person without the consent of the owner and as permitted under the provisions of this article.

(3)

Oversized signs.

a.

Oversized signs shall not exceed 672 square feet of sign area. An oversized sign face shall not exceed 14 feet in height or 48 feet in length.

b.

Oversized signs shall only be located on parcels in moderate intensity (MI) performance districts and high intensity (HI) performance districts.

c.

Oversized signs shall only be located on parcels adjacent to designated state or federal highways and shall be oriented only toward those highways.

d.

No oversized sign shall be located within 1,000 feet of another oversized sign.

e.

No oversized sign shall be located within 500 feet of a zoned residential parcel.

f.

No oversized sign shall be located within 500 feet of a public park, public playground, public recreation area, public forest, scenic area, or cemetery; provided, however, that such sign may be located within 500 feet of a public park, public playground, public recreation area, public forest, scenic area, or cemetery when the sign is separated by buildings or other obstructions so that the sign located within the 500 feet is not visible from the public park, public playground, public recreation area, public forest, scenic area, or cemetery.

g.

No oversized sign shall be erected to a height in excess of 50 feet.

h.

No oversized sign shall be located within the historic district.

(4)

No illuminated sign shall be located within the historic district or the Main Street corridor unless the illuminated sign represents a period or style typical of an era in history of the city.

(5)

Stanchion signs.

a.

Stanchion signs shall not exceed a sign area of 32 square feet.

b.

Stanchion signs shall only be located on property in moderate intensity (MI) districts performance and high intensity (HI) performance districts and shall be limited to one such sign per parcel per street frontage.

c.

No stanchion sign shall exceed eight feet in height at the highest point on the sign.

(6)

Monument signs. Monument signs shall not exceed 32 square feet, shall not exceed eight feet in height at the highest point on the sign and shall be limited to one such sign per parcel per street frontage.

(7)

Wall and awning signs.

a.

Wall and awning signs shall not project above the parapet wall.

b.

Wall signs shall not project beyond the building face. Awning signs shall not project beyond the building face by more than four feet.

c.

Wall and awning signs shall not exceed a sign area of 50 square feet or ten percent of the wall face of the premises to which the sign relates, whichever is less, on each street facing wall.

d.

The maximum wall or awning sign height shall be ten feet.

e.

Wall signs shall only be located on property in moderate intensity (MI) districts performance and high intensity (HI) performance districts.

f.

Each building tenant shall be limited to one wall or awning sign on each street facing wall.

(8)

Maximum aggregate sign area. Parcels may contain more than one freestanding sign, provided that:

a.

Parcels exceeding three acres shall be allowed a maximum aggregate sign area of 300 square feet for the entire parcel.

b.

Parcels less than three acres shall be allowed a maximum aggregate sign area of 180 square feet for the entire parcel.

c.

These limits shall not include the area of any wall signs, window signs or billboard signs located on the parcel.

d.

These limits shall include the area of all freestanding signs on the parcel.

(b)

All signs for which a permit is required under this article shall be constructed and maintained in accordance with the provisions of the city building codes set forth in Code section 14-24.

(c)

Signs for which a permit is not required under this article that are constructed of degradable material may be posted for a maximum of 60 days unless replaced with another sign of the same material. Any such replacement sign may be posted for a maximum of 60 days.

(Ord. of 10-03-2017; Ord. of 3-1-2022, § 1.3)

Nonconforming signs, which met all legal requirements when erected, may remain in place. Nonconforming signs shall be permitted until one of the following conditions occurs:

(1)

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

(2)

Deterioration of the sign or damage to the sign is greater than 50 percent;

(3)

Change of sign by existing owner;

(4)

Change of ownership of business; or

(5)

Change of business type.

(Ord. of 10-03-2017)

Variances shall be limited to the minimum relief necessary to overcome the hardship. No variance shall be granted to allow a greater number of signs than would be allowed if the hardship did not exist. A variance from compliance with the sign regulations of this article shall be limited to the following hardship situations:

(1)

Standards.

a.

Where visibility of a conforming sign from the public street and within 50 feet of the proposed sign would be substantially impaired by existing trees, plants, natural features, signs, existing buildings or structures on a different lot; and

b.

Placement of the sign elsewhere on the lot would not remedy the visual obstruction; and such visibility obstruction was not created by the owner of the subject property; and the variance proposed would not create a safety hazard to traffic.

(2)

Variance applications shall be submitted to the building official and shall be heard under the same time frames and rules governing other variances under this article.

(Ord. of 1003-2017; Ord. No. 2023-0613, § 1.n), 6-13-2023)

The following types of signs shall be exempt from the permit requirements of section 30-180 of the Code of Ordinances and shall not count towards the maximum aggregate sign area limits provided in section 30-188.

(1)

Window signs installed for purposes of viewing from outside the premises. However, such signs shall not exceed 30 percent of the available window space.

(2)

Numerals displayed for purposes of identifying property location and not exceeding four inches in height in residential districts and ten inches in height in non-residential districts.

(3)

Seasonal displays located outside of the public right-of-way that are erected for a maximum period of 30 days no more than twice a year.

(Ord. of 10-03-2017)

Illumination for signs shall not cast light on an adjoining parcel or shine in such a manner as to cause traffic interference. Illumination shall be constant and shall not change, flash, scroll or simulate movement.

(Ord. of 10-03-2017)

Electronic (LED) signs must comply with section 30-193 and section 30-185 of regarding brightness and message motion. Sign displays must be equipped with an automatic dimming technology such that the sign automatically senses dusk and darkness and adjusts the brightness level accordingly. The sign owner must provide Demorest the telephone number of an employee capable of adjusting the brightness of the sign or, if the over-bright condition cannot be fixed, turning off the sign in times of darkness until repairs can be made.

(Ord. of 10-03-2017)

(a)

All signs shall be maintained in good condition to present a neat and orderly appearance. The city may notify any permittee of any sign that shows gross neglect or that becomes dilapidated. Such notice shall be in writing, shall specify the sign and location, and shall state that the sign has not been properly maintained. The city shall give the permittee ten days to rectify the condition or remove the dilapidated sign before issuing a citation.

(b)

The city may issue a citation for violation of this article by any sign erected, altered, converted, or used in violation of this article.

(c)

Each day a sign is posted in violation of this article shall constitute a separate violation.

(d)

Any person violating any of the provisions of this article shall, upon conviction or entering a plea of guilty or nolo contendere, be punished as is provided by Charter section 4.13.

(Ord. of 10-03-2017)

In the event any section, subsection, sentence, or word of this article is declared and adjudged to be invalidated or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this article, which shall remain in full force and effect as if such portion so declared or adjudged unconstitutional were not originally part of this article. The city council declares that it would have enacted the remaining parts of this article if it had known that such portion thereof would be declared or adjudged invalid or unconstitutional.

(Ord. of 10-03-2017)

All resolutions or ordinances or parts of resolutions or ordinances in conflict with the terms of this article are hereby repealed. Further, it is hereby provided that any resolution or ordinance that may be applicable hereto and aid in carrying out or making effective the intent, purpose, and provisions hereof, which shall be liberally construed in favor of the City of Demorest, is hereby adopted as a part hereof.

(Ord. of 10-03-2017)