SIGNS
The governing authority of the City of Eatonton, Putnam County, Georgia, to encourage the effective use of signs as a means of communication in the city, to maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of provisions affecting signs, does hereby adopt this "City of Eatonton Sign Ordinance" and hereby repeals all ordinances or portions thereof which are in conflict with this article, to include article VI of the City of Eatonton Zoning Ordinance. Every provision of this article shall be severable from all other provisions. A finding by any court of the illegality or unenforceability of any provision or provisions hereof shall not operate to void this article but, instead, all provisions not specifically and explicitly held to be illegal or unenforceable shall continue in full force and effect.
(Ord. of 3-20-2006)
This article shall be effective on November 18, 2002. After said date, no sign shall be erected, placed, established, painted, created, or maintained in the unincorporated area of the City of Eatonton unless it is in conformance with the standards, procedures, exemptions, and other requirements of this article. The effect of this article, as more specifically set forth herein, is:
(1)
To establish a permit system to allow a variety of types of signs in commercial and industrial zones and a limited variety of signs in other zones, subject to the standards and the permit procedures of this article;
(2)
To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this article, but without a requirement for permits;
(3)
To prohibit all signs not expressly permitted by this article; and
(4)
To provide for the enforcement of the provisions of this article.
(Ord. of 3-20-2006)
Words and phrases defined in this section shall have the meanings set forth in this section. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this article. Principles for computing sign area and sign height are contained in section 75-504, Computations. No provision of this article shall be interpreted or construed as limiting or directing the contents of any sign in the City of Eatonton. No provision of this article shall be interpreted or construed to permit commercial signage in a situation or location in which noncommercial signage is prohibited. [See charts [appendices] A and B for types of signs.]
Animated sign: Any sign that uses movement or change or lighting to depict action or to create a special effect or scene.
Banner: Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
Beacon: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source, also, any light with one or more beams that rotate or move.
Box cabinet sign: A sign designed so that the display surface and its sides create depth, generally so that the display surface may be lighted by bulbs or channeling inside the cabinet.
Building marker: Any sign indicating only the name of a building and/or date and/or incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other similar permanent material.
Building sign: Any sign that is part of or is attached to any part of a building, as contrasted to a freestanding sign.
Canopy sign: Any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
Changeable copy sign: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for the purposes of this article. sign or portion thereof on which the only copy that changes is an electronic or mechanical indication of time and/or temperature shall not be considered a changeable copy sign under this article.
Commercial message: Any wording, logo, or other representation that directly or indirectly names, advertises, or calls attention to a business, product, service, or other commercial activity.
Flag: Any fabric, banner, or bunting containing distinctive color, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
Freestanding sign: Any sign supported by structures or supports that are placed on, or anchored in, the ground and which are independent from any building or other structures.
Identification sign: A sign that contains only information that identifies only the owner and/or the address of the premises on which sign is erected.
Incidental sign: A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking", "entrance", "loading only", "telephone", or other similar directive. No sign with a commercial message legible from a position not located on the zone lot on which the sign is located shall be considered incidental.
Inspector: The chief building inspector of the city/county or his/her designee.
Institutional sign: A sign that identifies a school, church, or hospital.
Lot: Any piece or parcel of land or a portion of the subdivision, the boundaries that have been established by some legal instrument of record.
Marquee: Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
Marquee sign: Any sign attached to in any manner or made a part of a marquee.
Nonconforming sign: Any sign that does not conform to the requirements of this article.
Off-premises sign: Any sign advertising a business not located at property where sign is placed. To acquire a permit, there must be a letter giving permission from the property owner.
Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, and designed to move in the wind.
Person: Any association, company, corporation, firm, organization, or partnership, singular or plural, of any kind.
Portable sign: Any sign not permanently attached to the ground or to a permanent structure; signs converted to "A" or "T" frames; menu and sandwich board signs; balloons used as signs; or, umbrellas used for advertising.
Projecting sign: Any sign affixed to a building or a wall in such a manner that any part of it extends more than 12 inches beyond the surface of such building or wall.
Public right-of-way: A portion of land over which a local, state, or federal government has designated a right of use. Within the City of Eatonton, the right-of-way will be defined as the area between the street and the sidewalk or where no sidewalk exists, any area between the street and the utility poles.
Residential sign: Any sign located in a district zoned for residential uses.
Right-of-way: See Public right-of-way.
Roof sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof of a building, and extending vertically above the highest portion of the roof.
Roof sign, integral: Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
Sign: An inscribed board, plate, space, surface, or the like that provides information, identification, or advertisement and which is not part of a vehicle capable of movement.
Streamer: A streamer is defined the same as a pennant for the purposes of this chapter.
Suspended sign: A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
Temporary sign: Any sign that is used only temporarily and is not permanently mounted to a structure or affixed to the ground.
Trailer sign: Any sign designed to be transported by means of wheels, whether or not the wheels remain attached, located on the ground and permanently attached thereto, and which is usually an illuminated, two-sided sign and including any single- or double-surface painted or postered panel type sign, or any variation thereof.
Tri-Vision signs: An advertising display usually the size of a traditional billboard that uses moving panels to rotate its surface. This shows three different messages in predetermined order and for set amounts of time each, usually six or seven seconds. These signs are prohibited inside the city limits, including the Highway 441 Bypass.
Wall sign: Any sign attached generally parallel to a wall and within 12 inches of said wall or that is painted on the wall surface of a building or that is erected and confined within the limits of an outside wall of any building of structure and that is supported by such wall or building and that displays only one sign surface.
Window sign: Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service and that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
Zone lot: A parcel of land that is of sufficient size to meet minimum zoning requirements for area, coverage, and use and that can provide such yards and other open spaces as required by the zoning regulations or a nonconforming lot as defined in the zoning ordinance.
(Ord. of 3-20-2006)
The following principles shall control the computation of sign area and sign height:
(1)
Computations of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, or triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblems, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. In the case of a freestanding sign, this area shall include not only the sign face as described above, but also the area of the sign structure that is flat, contiguous thereto, and which comprises the framework or decorative background for the sign.
(2)
Computation of area of multifaced signs. The sign area for the sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same structure and are not more than 48 inches apart, the sign area shall be computed by the measurement of one of the faces.
(3)
Computation of height. The height of a sign shall be computed as the distance from the normal grade at the base of the sign to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases where the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.
(4)
Computation of maximum total permitted sign area for a zone lot. The permitted area of all individual signs on a zone lot shall be computed by applying the standards contained in the appendices which are at the end of this article and which pertain to the various zoning districts in the city. The maximum area for freestanding signs shall be dependent in part on the road frontage of the zone lot in which such sign is located. Lots fronting on two or more arterial streets shall be allowed to allocated the permitted sign area to each street frontage, without increasing the total sign area allowed. When multiple freestanding signs are erected on a single zone lot under this provision, each shall be placed at the midpoint of the applicable road frontage.
(Ord. of 3-20-2006)
Signs shall be allowed on private property in the city only in accordance with Appendices B through I, which are located at the end of this article and which pertain to the various zoning districts in the city.
(1)
Notwithstanding any other provision of this article, no person shall erect a sign of any type on any zone lot unless there is located on said lot a building with an area of 1,000 square feet or more unless said sign is exempt from the requirement of obtaining a permit pursuant to section 75-514.
(2)
New signage along the Scenic Byway (State Route 16) shall be regulated by the Georgia Department of Transportation (D.O.T.) regarding new signage along a scenic byway.
(Ord. of 3-20-2006)
(1)
If a sign requiring a permit under the provisions of this article is to be placed, constructed, erected, or modified on a zone lot, the owner of the lot shall obtain a sign permit prior to the construction, placement, erection, or modification of such a sign in accordance with the requirements of section 75-513. Furthermore, the property owner shall maintain, at all times, a sign permit for such sign in accordance with sections 75-514, 75-515, or 75-516. No sign shall be erected in the public right-of-way except in accordance with section 75-509 and the permit requirements of section 75-516. No sign permit of any kind shall be issued for a proposed sign unless such sign is consistent with the requirements of this article (including those protecting existing signs) in every respect and with the master signage plan in effect for the property.
(2)
All signs located within 660 feet of a state or federal highway must apply for a permit from the Georgia Department of Transportation before a permit can be issued by planning and development.
(3)
Signs located inside the corporate limits of a municipality cannot be placed within 100 feet of each other unless signs are separated by buildings so that only one sign face within the 100-foot zone is visible from the highway at any on time.
(Ord. of 3-20-2006)
All signs shall be designed, constructed, and maintained in accordance with the following standards:
(1)
All signs shall comply with applicable provisions of "the state minimum standard codes" as defined in O.C.G.A. § 8-2-20.
(2)
Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this article, all signs shall be constructed of permanent material and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
(3)
All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this Code, at all times as well as be in compliance with any structural requirements. For larger signs, a structural integrity inspection is recommended every three to five years or more frequent as standard practice dictate. So as to maintain a clean and attractive cityscape, all signs that have deteriorated or are in general disrepair or damaged must be repaired, replaced, or removed. A citation may be issued for all such signs. A sign must then be replaced or repaired within 90 days of notice to avoid penalties as stated in section 75-520.
(Ord. of 3-20-2006)
No permit shall be issued for an individual sign requiring a permit unless and until a master signage plan for the zone lot on which the sign will be erected has been submitted to the inspector and approved by the inspector as conforming to this section.
(1)
Master signage plan. For any zone lot on which the owner purposes to erect one or more signs requiring a permit, the owner shall submit to the inspector a master signage plan containing the following:
(a)
An accurate plot plan of the zone lot, at such scale as the inspector may reasonably require;
(b)
Location of building, parking lots, driveways, and landscaped areas on such zone lot;
(c)
Computation of the maximum total sign area, the maximum area for individual sign, the height of signs and the number of freestanding signs allowed on the zone lot(s) included in the plan under this article; and
(d)
An accurate indication on the plot plan of the proposed location of each present and future sign of any type, whether requiring a permit or not, except that incidental signs need not be shown.
(2)
Limit on number of freestanding signs under master signage plan. The master signage plan for all zone lots with multiple uses or multiple users shall limit the number of freestanding signs to a total of one for each street on which the zone lots have frontage and shall provide for shared or common usage of such signs.
(3)
Other provisions of master signage plans. The master signage plan may contain such other restrictions as the owners of the zone lots may reasonably determine.
(4)
Consent. The master signage plan shall be signed by all owners or their authorized agents in such form as the inspector shall require.
(5)
Procedures. A master signage plan shall be included in any development plan, site plan, planned unit development plan, or other official plan required by the city for the proposed development and shall be processed simultaneously with such other plan.
(6)
Amendment. A master signage plan may be amended by filing a new master signage plan that conforms with all requirements of the ordinance then in effect.
(7)
Binding effect. After approval of a master signage plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any other provision of this article. In case of any conflict of interest between the provisions of such a plan and any provision of this article, this article shall control.
(Ord. of 3-20-2006)
No sign shall be placed in the public right-of-way, except for the following:
(1)
Permanent signs. Permanent signs, including:
(a)
Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, or direct or regulate pedestrian or vehicular traffic;
(b)
Bus stop signs erected by a public transit company; and
(c)
Informational signs of a public utility regarding its poles, lines, pipes, or facilities.
(2)
Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing work within the public right-of-way which has been authorized or permitted by a governmental agency.
(3)
Other signs forfeited. Any sign installed or placed on public property except in conformance with the requirements of this section shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such signs.
(Ord. of 3-20-2006)
The following signs shall be exempt from regulation under this article:
(1)
Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, ordinance, or court order;
(2)
Historical or memorial plaques, tables, or markers;
(3)
Signs which are not an integral part of or are painted on or attached to vending machines, gas pumps, ice machines, or similar devices and which indicate the contents of the machine, name or logo of the supplier, price, or operating instructions;
(4)
Window signs painted on or attached to a window or glass door;
(5)
Traffic control signs on private property, such as "Stop," "Yield," and similar signs, the face of which meet department of transportation standards and which contain no commercial message of any sort.
(Ord. of 3-20-2006)
The following procedures shall govern the application for and issuance of all sign permits under this article and the submission and review of master signage plans:
(1)
Applications. All applications for sign permits of any kind, for variances, and for approval of a master signage plan shall be submitted to the inspector on an application form or in accordance with application specifications published by the inspector.
(2)
Fees. Each application for a sign permit or for approval of a master signage plan shall be accompanied by the application fees as established by Appendix A, Fees.
(3)
Completeness. Within five working days of receiving an application for a sign permit, a variance, or for a master signage plan, the inspector shall review it for completeness. If the inspector finds that it is incomplete, the inspector shall, within such five-day period, send the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this article.
(4)
Action on sign permit application or application for variance. Within ten workings days of the submission of a complete application for a sign permit or variance, the inspector shall either:
(a)
Issue the sign permit or variance, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this article and of the applicable master plan; or
(b)
Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform to the requirements of this article and of the applicable master signage plan. In case of a rejection, the inspector shall specify in the rejection the section or sections of the article or applicable plan with which the sign(s) is inconsistent.
(5)
Action on master signage plan. On any application for approval of a master signage plan the inspector shall take action on the application on one of the following dates:
(a)
Fourteen days after the submission of a complete application if the application is for signs for an existing building; or
(b)
On the date of final action on any related application for building permit, site plan, or development plan for signs involving new construction.
On or before such applicable date, the inspector shall either:
(a)
Approve the proposed plan if the sign(s) as shown on the plan and the plan itself conforms in every respect with requirements of this article; or
(b)
Reject the proposed plan if the sign(s) as shown on the plan or the plan itself fails in any way to conform to the requirements of this article. In case of a rejection, the inspector shall specify in the rejection the section or sections of the article with which the plan is inconsistent.
(Ord. of 3-20-2006)
(1)
Application. An application for construction, creation, or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawing to show the dimension, design, structure, and location of each particular sign, to the extent that such details are not contained on a master signage plan in effect for the zone lot. One application and permit may include multiple signs on the same zone lot.
(2)
Inspection. The inspector shall cause an inspection of the zone lot for which each permit for a new sign or for modification of an existing sign has been issued during the sixth month after the issuance of such permit or at such earlier date as the owner may request. If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void. If the construction is complete and in full compliance with this article and with the building and electrical codes, the inspector shall affix to the premises a permanent symbol identifying the sign(s) and the applicable permit by number or other reference. If the construction is substantially complete but not in full compliance with this article and applicable codes, the inspector shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then completed, the inspector shall affix to the premises the permanent symbol described above.
(3)
Lapse. In the event that a permitted sign has not been substantially completed within six months of the date of the issue of the permit, said permit shall lapse and be void and of no effect.
(Ord. of 3-20-2006)
The owner of a zone lot which contains signs requiring a permit under this article shall at all time maintain a sign permit for such property. Sign permits shall be issued for individual zone lots, notwithstanding the fact that a particular zone lot may be included with other zone lots in a master signage plan.
(1)
Initial sign permit. The inspector, upon final inspection of the completed sign installation, construction, or modification, shall automatically issue an initial sign permit.
(2)
Assignment of sign permits. A current and valid sign permit shall be freely assignable to a successor owner of the property, subject only to filing such application as the inspector may require and paying any applicable fee. The assignment shall be accomplished by this filing and shall not require approval by the inspector.
(Ord. of 3-20-2006)
Temporary signs on private property shall be allowed only upon the issuance of a temporary sign permit, which shall be subject to the following requirements:
(1)
Term. A temporary sign permit shall allow the use of a temporary sign for a specified period not to exceed a 60-day period.
(2)
Number. No more than two temporary sign permits shall be issued to the same registered business on the same zone lot in any calendar year.
(3)
Other conditions. A temporary sign shall be allowed under conditions of and subject to all requirements for temporary signs as noted herein.
(4)
Exceptions to the requirement of obtaining a permit for certain temporary signs. Any person or entity which has a recurring requirement to place temporary signs, such as real estate for sale, construction, or political, shall not be required to obtain a permit for each individual sign, provided that said business adheres to all other requirements of this article and the following requirements:
(a)
The maximum square footage of any sign in a residential zone shall not exceed six square feet. The maximum total square footage for all such signs shall not exceed 24 square feet.
(b)
The maximum square footage of any sign in any nonresidential zone shall not exceed 64 square feet. Only one sign shall be placed within the front yard of any zone lot.
(Ord. of 3-20-2006)
Except as otherwise provided herein, the owner of any zone lot or other premises on which exists a sign that does not conform with the requirements of this article or for which there is no current and valid sign permit shall be obligated to remove such sign or, in the case of nonconforming sign, to bring it into conformity with the requirements of this article.
(1)
Signs existing on effective date. For any sign existing in the city on the effective date hereof [November 18, 2002] and for which a permit is required, an application for a sign permit shall be submitted to the inspector before May 18, 2003. Said application shall be exempt from the initial fees adopted under authority of this article, but not from renewal and subsequent fees. Furthermore, no person shall be liable under the penalty provisions of this article prior to May 18, 2003, for a violation of the provisions of this article providing for permits.
(2)
Nonconforming existing signs, permits, and terms. A sign that would be permitted under this article only with a sign permit, but which was in existence on the effective date hereof [November 18, 2002] and which was constructed in accordance with the ordinances and other applicable laws in effect on the date of its construction, but which for any reason is not in conformance with the requirements of this article or of the zoning ordinance, shall be issued a nonconforming sign permit if an application in accordance with subsection (1) of this section is timely filed. Said application is in addition to those applications required by sections 75-511, 75-512, 75-513, and 75-514 hereof.
Such permit shall allow any sign subject to such permit and which was made nonconforming by the adoption of this article to remain in place and be maintained, but pursuant to the provisions of section 75-517 hereof, provided that no action is taken which increases the degree or extent of the nonconformity. Such signs are also subject to the provisions of subsection (3), below. A change in the information on the face of an existing nonconforming sign shall not be deemed to be an increase in the degree or extent of the nonconformity. However, any nonconforming sign shall either be eliminated or made to conform with the requirements of this section when any proposed change, repair, or maintenance would constitute an expense of more than 50 percent of the lesser of the original value or replacement value of the sign.
(3)
Lapse of nonconforming sign permit. A nonconforming sign permit shall lapse and become void under the same circumstances as those under which any other sign permit may lapse and become void.
(4)
Sign removal required. A sign that was constructed, painted, installed, or maintained in conformance with a permit under this article, but for which the permit has lapsed or not been renewed or for which the time allowed for the continuance of a nonconforming sign has expired, shall be forthwith removed without the requirement of notice or action from the city.
(Ord. of 3-20-2006)
When, in specific cases, a literal enforcement of the provisions of this article would result in unusual hardship because of extraordinary and exceptional conditions pertaining to the size, shape, or topography of a zone lot, the inspector may, after application, grant a variance from the requirements of this article in regard to the placement or height of a sign.
(1)
Variances, conditions required. The inspector may grant a variance only after making findings that the following conditions exist:
(a)
There exist extraordinary and exceptional conditions pertaining to the property in question resulting from its size, shape, or topography and which are not applicable to other lands or structures in the area;
(b)
A literal interpretation of the provisions of this article would deprive the applicant of rights commonly enjoyed by the owners of similar properties;
(c)
Granting the variance would not confer upon the property of the applicant any significant privileges that are denied to similar properties;
(d)
The special circumstances are not the result of the actions of the applicant;
(e)
The requested variance will be in harmony with the purpose and intent of this article and will not be injurious to the neighborhood or to the general welfare;
(f)
The variance requested is the minimum variance which will make possible the logical use of the land, building or structure; and
(g)
The variance is not a request to permit a type of sign which otherwise is not permitted in the zoning district involved.
(2)
Actions of inspector on receipt of an application for variance. In addition to those actions required of the inspector in subsection 75-511(4), the inspector shall enter written findings that address each condition referred to in subsection (1), above.
(Ord. of 3-20-2006)
Any person dissatisfied with a decision of the inspector in regard to any provision of this article may appeal said decision to the city council, provided that a notice of appeal is filed with the inspector within ten days of the decision being appealed. The notice of appeal shall be accompanied by the fee required by Appendix A (Schedule of Fees). The city council shall take action on the appeal after a public hearing to be conducted pursuant to the rules for a public hearing found in the zoning ordinance then in effect. The city council shall hear all such appeals within 30 days of filing the notice of appeal. The decision of the city council may be further appealed by certiorari to the superior court taken with ten days of the decision being appealed.
(Ord. of 3-20-2006)
Any of the following shall be a violation of this article and shall be subject to the enforcement remedies and penalties provided by this article, by the zoning ordinance, and by state law. Each sign installed, created, erected, or maintained in violation of this article and each day's violation shall be considered a separate violation when applying the penalty portions of this article.
(1)
To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located.
(2)
To install, create, erect, or maintain any sign requiring a permit without such a permit.
(3)
To fail to remove any sign that is installed, created, erected, or maintained in violation shall be considered a separate violation when applying the penalty portion of this article.
(Ord. of 3-20-2006)
Any violation or attempted violation of this article or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this article shall be a misdemeanor punishable by a fine of not more that $500.00 or six months imprisonment or both. Each day's violation shall be considered to be a separate offense.
All such remedies provided herein shall be cumulative. To the extent that state law may limit availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.
(Ord. of 3-20-2006)
(Ord. of 3-20-2006)
A-1 DISTRICT SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
A-1 DISTRICT SPECIFICATIONS FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Along Scenic Byway - Highway 16. See subsection 75-505(2).
(Ord. of 3-20-2006)
R-1 DISTRICT SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
R-1 DISTRICT SPECIFICATIONS FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Along Scenic Byway - Highway 16. See subsection 75-505(2).
(Ord. of 3-20-2006)
R-3 DISTRICT SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
R-3 DISTRICT SPECIFICATIONS FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Along Scenic Byway - Highway 16. See subsection 75-505(2).
(Ord. of 3-20-2006)
R-4 DISTRICT SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
R-4 DISTRICT SPECIFICATION FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Along Scenic Byway - Highway 16. See subsection 75-505(2).
(Ord. of 3-20-2006)
OFFICE AND INSTITUTIONAL AREA SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
OFFICE AND INSTITUTIONAL AREA SPECIFICATIONS FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Along Scenic Byway - Highway 16. See subsection 75-505(2).
(Ord. of 3-20-2006)
C-1 and C-2 DISTRICT SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
C-1 and C-2 DISTRICT SPECIFICATIONS FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Signage is allowed in addition to other computation of freestanding signage. May be lit only with external lighting.
(Ord. of 3-20-2006)
C-1 and C-2 DISTRICT SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
C-1 and C-2 DISTRICT SPECIFICATIONS FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Signage is allowed in addition to other computation of freestanding signage. May be lit only with external lighting.
(5)
Along Scenic Byway - Highway 16. See subsection 75-505(2).
(Ord. of 3-20-2006)
I-1 AND I-2 DISTRICT SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
I-1 AND I-2 DISTRICT SPECIFICATIONS FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Signage is allowed in addition to other computation of freestanding signage. May be lit only with external lighting.
(5)
Along Scenic Byway - Highway 16. See subsection 75-505(2).
(Ord. of 3-20-2006)
SIGNS
The governing authority of the City of Eatonton, Putnam County, Georgia, to encourage the effective use of signs as a means of communication in the city, to maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of provisions affecting signs, does hereby adopt this "City of Eatonton Sign Ordinance" and hereby repeals all ordinances or portions thereof which are in conflict with this article, to include article VI of the City of Eatonton Zoning Ordinance. Every provision of this article shall be severable from all other provisions. A finding by any court of the illegality or unenforceability of any provision or provisions hereof shall not operate to void this article but, instead, all provisions not specifically and explicitly held to be illegal or unenforceable shall continue in full force and effect.
(Ord. of 3-20-2006)
This article shall be effective on November 18, 2002. After said date, no sign shall be erected, placed, established, painted, created, or maintained in the unincorporated area of the City of Eatonton unless it is in conformance with the standards, procedures, exemptions, and other requirements of this article. The effect of this article, as more specifically set forth herein, is:
(1)
To establish a permit system to allow a variety of types of signs in commercial and industrial zones and a limited variety of signs in other zones, subject to the standards and the permit procedures of this article;
(2)
To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this article, but without a requirement for permits;
(3)
To prohibit all signs not expressly permitted by this article; and
(4)
To provide for the enforcement of the provisions of this article.
(Ord. of 3-20-2006)
Words and phrases defined in this section shall have the meanings set forth in this section. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this article. Principles for computing sign area and sign height are contained in section 75-504, Computations. No provision of this article shall be interpreted or construed as limiting or directing the contents of any sign in the City of Eatonton. No provision of this article shall be interpreted or construed to permit commercial signage in a situation or location in which noncommercial signage is prohibited. [See charts [appendices] A and B for types of signs.]
Animated sign: Any sign that uses movement or change or lighting to depict action or to create a special effect or scene.
Banner: Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
Beacon: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source, also, any light with one or more beams that rotate or move.
Box cabinet sign: A sign designed so that the display surface and its sides create depth, generally so that the display surface may be lighted by bulbs or channeling inside the cabinet.
Building marker: Any sign indicating only the name of a building and/or date and/or incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other similar permanent material.
Building sign: Any sign that is part of or is attached to any part of a building, as contrasted to a freestanding sign.
Canopy sign: Any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
Changeable copy sign: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for the purposes of this article. sign or portion thereof on which the only copy that changes is an electronic or mechanical indication of time and/or temperature shall not be considered a changeable copy sign under this article.
Commercial message: Any wording, logo, or other representation that directly or indirectly names, advertises, or calls attention to a business, product, service, or other commercial activity.
Flag: Any fabric, banner, or bunting containing distinctive color, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
Freestanding sign: Any sign supported by structures or supports that are placed on, or anchored in, the ground and which are independent from any building or other structures.
Identification sign: A sign that contains only information that identifies only the owner and/or the address of the premises on which sign is erected.
Incidental sign: A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking", "entrance", "loading only", "telephone", or other similar directive. No sign with a commercial message legible from a position not located on the zone lot on which the sign is located shall be considered incidental.
Inspector: The chief building inspector of the city/county or his/her designee.
Institutional sign: A sign that identifies a school, church, or hospital.
Lot: Any piece or parcel of land or a portion of the subdivision, the boundaries that have been established by some legal instrument of record.
Marquee: Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
Marquee sign: Any sign attached to in any manner or made a part of a marquee.
Nonconforming sign: Any sign that does not conform to the requirements of this article.
Off-premises sign: Any sign advertising a business not located at property where sign is placed. To acquire a permit, there must be a letter giving permission from the property owner.
Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, and designed to move in the wind.
Person: Any association, company, corporation, firm, organization, or partnership, singular or plural, of any kind.
Portable sign: Any sign not permanently attached to the ground or to a permanent structure; signs converted to "A" or "T" frames; menu and sandwich board signs; balloons used as signs; or, umbrellas used for advertising.
Projecting sign: Any sign affixed to a building or a wall in such a manner that any part of it extends more than 12 inches beyond the surface of such building or wall.
Public right-of-way: A portion of land over which a local, state, or federal government has designated a right of use. Within the City of Eatonton, the right-of-way will be defined as the area between the street and the sidewalk or where no sidewalk exists, any area between the street and the utility poles.
Residential sign: Any sign located in a district zoned for residential uses.
Right-of-way: See Public right-of-way.
Roof sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof of a building, and extending vertically above the highest portion of the roof.
Roof sign, integral: Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
Sign: An inscribed board, plate, space, surface, or the like that provides information, identification, or advertisement and which is not part of a vehicle capable of movement.
Streamer: A streamer is defined the same as a pennant for the purposes of this chapter.
Suspended sign: A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
Temporary sign: Any sign that is used only temporarily and is not permanently mounted to a structure or affixed to the ground.
Trailer sign: Any sign designed to be transported by means of wheels, whether or not the wheels remain attached, located on the ground and permanently attached thereto, and which is usually an illuminated, two-sided sign and including any single- or double-surface painted or postered panel type sign, or any variation thereof.
Tri-Vision signs: An advertising display usually the size of a traditional billboard that uses moving panels to rotate its surface. This shows three different messages in predetermined order and for set amounts of time each, usually six or seven seconds. These signs are prohibited inside the city limits, including the Highway 441 Bypass.
Wall sign: Any sign attached generally parallel to a wall and within 12 inches of said wall or that is painted on the wall surface of a building or that is erected and confined within the limits of an outside wall of any building of structure and that is supported by such wall or building and that displays only one sign surface.
Window sign: Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service and that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
Zone lot: A parcel of land that is of sufficient size to meet minimum zoning requirements for area, coverage, and use and that can provide such yards and other open spaces as required by the zoning regulations or a nonconforming lot as defined in the zoning ordinance.
(Ord. of 3-20-2006)
The following principles shall control the computation of sign area and sign height:
(1)
Computations of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, or triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblems, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. In the case of a freestanding sign, this area shall include not only the sign face as described above, but also the area of the sign structure that is flat, contiguous thereto, and which comprises the framework or decorative background for the sign.
(2)
Computation of area of multifaced signs. The sign area for the sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same structure and are not more than 48 inches apart, the sign area shall be computed by the measurement of one of the faces.
(3)
Computation of height. The height of a sign shall be computed as the distance from the normal grade at the base of the sign to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases where the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.
(4)
Computation of maximum total permitted sign area for a zone lot. The permitted area of all individual signs on a zone lot shall be computed by applying the standards contained in the appendices which are at the end of this article and which pertain to the various zoning districts in the city. The maximum area for freestanding signs shall be dependent in part on the road frontage of the zone lot in which such sign is located. Lots fronting on two or more arterial streets shall be allowed to allocated the permitted sign area to each street frontage, without increasing the total sign area allowed. When multiple freestanding signs are erected on a single zone lot under this provision, each shall be placed at the midpoint of the applicable road frontage.
(Ord. of 3-20-2006)
Signs shall be allowed on private property in the city only in accordance with Appendices B through I, which are located at the end of this article and which pertain to the various zoning districts in the city.
(1)
Notwithstanding any other provision of this article, no person shall erect a sign of any type on any zone lot unless there is located on said lot a building with an area of 1,000 square feet or more unless said sign is exempt from the requirement of obtaining a permit pursuant to section 75-514.
(2)
New signage along the Scenic Byway (State Route 16) shall be regulated by the Georgia Department of Transportation (D.O.T.) regarding new signage along a scenic byway.
(Ord. of 3-20-2006)
(1)
If a sign requiring a permit under the provisions of this article is to be placed, constructed, erected, or modified on a zone lot, the owner of the lot shall obtain a sign permit prior to the construction, placement, erection, or modification of such a sign in accordance with the requirements of section 75-513. Furthermore, the property owner shall maintain, at all times, a sign permit for such sign in accordance with sections 75-514, 75-515, or 75-516. No sign shall be erected in the public right-of-way except in accordance with section 75-509 and the permit requirements of section 75-516. No sign permit of any kind shall be issued for a proposed sign unless such sign is consistent with the requirements of this article (including those protecting existing signs) in every respect and with the master signage plan in effect for the property.
(2)
All signs located within 660 feet of a state or federal highway must apply for a permit from the Georgia Department of Transportation before a permit can be issued by planning and development.
(3)
Signs located inside the corporate limits of a municipality cannot be placed within 100 feet of each other unless signs are separated by buildings so that only one sign face within the 100-foot zone is visible from the highway at any on time.
(Ord. of 3-20-2006)
All signs shall be designed, constructed, and maintained in accordance with the following standards:
(1)
All signs shall comply with applicable provisions of "the state minimum standard codes" as defined in O.C.G.A. § 8-2-20.
(2)
Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this article, all signs shall be constructed of permanent material and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
(3)
All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this Code, at all times as well as be in compliance with any structural requirements. For larger signs, a structural integrity inspection is recommended every three to five years or more frequent as standard practice dictate. So as to maintain a clean and attractive cityscape, all signs that have deteriorated or are in general disrepair or damaged must be repaired, replaced, or removed. A citation may be issued for all such signs. A sign must then be replaced or repaired within 90 days of notice to avoid penalties as stated in section 75-520.
(Ord. of 3-20-2006)
No permit shall be issued for an individual sign requiring a permit unless and until a master signage plan for the zone lot on which the sign will be erected has been submitted to the inspector and approved by the inspector as conforming to this section.
(1)
Master signage plan. For any zone lot on which the owner purposes to erect one or more signs requiring a permit, the owner shall submit to the inspector a master signage plan containing the following:
(a)
An accurate plot plan of the zone lot, at such scale as the inspector may reasonably require;
(b)
Location of building, parking lots, driveways, and landscaped areas on such zone lot;
(c)
Computation of the maximum total sign area, the maximum area for individual sign, the height of signs and the number of freestanding signs allowed on the zone lot(s) included in the plan under this article; and
(d)
An accurate indication on the plot plan of the proposed location of each present and future sign of any type, whether requiring a permit or not, except that incidental signs need not be shown.
(2)
Limit on number of freestanding signs under master signage plan. The master signage plan for all zone lots with multiple uses or multiple users shall limit the number of freestanding signs to a total of one for each street on which the zone lots have frontage and shall provide for shared or common usage of such signs.
(3)
Other provisions of master signage plans. The master signage plan may contain such other restrictions as the owners of the zone lots may reasonably determine.
(4)
Consent. The master signage plan shall be signed by all owners or their authorized agents in such form as the inspector shall require.
(5)
Procedures. A master signage plan shall be included in any development plan, site plan, planned unit development plan, or other official plan required by the city for the proposed development and shall be processed simultaneously with such other plan.
(6)
Amendment. A master signage plan may be amended by filing a new master signage plan that conforms with all requirements of the ordinance then in effect.
(7)
Binding effect. After approval of a master signage plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any other provision of this article. In case of any conflict of interest between the provisions of such a plan and any provision of this article, this article shall control.
(Ord. of 3-20-2006)
No sign shall be placed in the public right-of-way, except for the following:
(1)
Permanent signs. Permanent signs, including:
(a)
Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, or direct or regulate pedestrian or vehicular traffic;
(b)
Bus stop signs erected by a public transit company; and
(c)
Informational signs of a public utility regarding its poles, lines, pipes, or facilities.
(2)
Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing work within the public right-of-way which has been authorized or permitted by a governmental agency.
(3)
Other signs forfeited. Any sign installed or placed on public property except in conformance with the requirements of this section shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such signs.
(Ord. of 3-20-2006)
The following signs shall be exempt from regulation under this article:
(1)
Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, ordinance, or court order;
(2)
Historical or memorial plaques, tables, or markers;
(3)
Signs which are not an integral part of or are painted on or attached to vending machines, gas pumps, ice machines, or similar devices and which indicate the contents of the machine, name or logo of the supplier, price, or operating instructions;
(4)
Window signs painted on or attached to a window or glass door;
(5)
Traffic control signs on private property, such as "Stop," "Yield," and similar signs, the face of which meet department of transportation standards and which contain no commercial message of any sort.
(Ord. of 3-20-2006)
The following procedures shall govern the application for and issuance of all sign permits under this article and the submission and review of master signage plans:
(1)
Applications. All applications for sign permits of any kind, for variances, and for approval of a master signage plan shall be submitted to the inspector on an application form or in accordance with application specifications published by the inspector.
(2)
Fees. Each application for a sign permit or for approval of a master signage plan shall be accompanied by the application fees as established by Appendix A, Fees.
(3)
Completeness. Within five working days of receiving an application for a sign permit, a variance, or for a master signage plan, the inspector shall review it for completeness. If the inspector finds that it is incomplete, the inspector shall, within such five-day period, send the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this article.
(4)
Action on sign permit application or application for variance. Within ten workings days of the submission of a complete application for a sign permit or variance, the inspector shall either:
(a)
Issue the sign permit or variance, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this article and of the applicable master plan; or
(b)
Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform to the requirements of this article and of the applicable master signage plan. In case of a rejection, the inspector shall specify in the rejection the section or sections of the article or applicable plan with which the sign(s) is inconsistent.
(5)
Action on master signage plan. On any application for approval of a master signage plan the inspector shall take action on the application on one of the following dates:
(a)
Fourteen days after the submission of a complete application if the application is for signs for an existing building; or
(b)
On the date of final action on any related application for building permit, site plan, or development plan for signs involving new construction.
On or before such applicable date, the inspector shall either:
(a)
Approve the proposed plan if the sign(s) as shown on the plan and the plan itself conforms in every respect with requirements of this article; or
(b)
Reject the proposed plan if the sign(s) as shown on the plan or the plan itself fails in any way to conform to the requirements of this article. In case of a rejection, the inspector shall specify in the rejection the section or sections of the article with which the plan is inconsistent.
(Ord. of 3-20-2006)
(1)
Application. An application for construction, creation, or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawing to show the dimension, design, structure, and location of each particular sign, to the extent that such details are not contained on a master signage plan in effect for the zone lot. One application and permit may include multiple signs on the same zone lot.
(2)
Inspection. The inspector shall cause an inspection of the zone lot for which each permit for a new sign or for modification of an existing sign has been issued during the sixth month after the issuance of such permit or at such earlier date as the owner may request. If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void. If the construction is complete and in full compliance with this article and with the building and electrical codes, the inspector shall affix to the premises a permanent symbol identifying the sign(s) and the applicable permit by number or other reference. If the construction is substantially complete but not in full compliance with this article and applicable codes, the inspector shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then completed, the inspector shall affix to the premises the permanent symbol described above.
(3)
Lapse. In the event that a permitted sign has not been substantially completed within six months of the date of the issue of the permit, said permit shall lapse and be void and of no effect.
(Ord. of 3-20-2006)
The owner of a zone lot which contains signs requiring a permit under this article shall at all time maintain a sign permit for such property. Sign permits shall be issued for individual zone lots, notwithstanding the fact that a particular zone lot may be included with other zone lots in a master signage plan.
(1)
Initial sign permit. The inspector, upon final inspection of the completed sign installation, construction, or modification, shall automatically issue an initial sign permit.
(2)
Assignment of sign permits. A current and valid sign permit shall be freely assignable to a successor owner of the property, subject only to filing such application as the inspector may require and paying any applicable fee. The assignment shall be accomplished by this filing and shall not require approval by the inspector.
(Ord. of 3-20-2006)
Temporary signs on private property shall be allowed only upon the issuance of a temporary sign permit, which shall be subject to the following requirements:
(1)
Term. A temporary sign permit shall allow the use of a temporary sign for a specified period not to exceed a 60-day period.
(2)
Number. No more than two temporary sign permits shall be issued to the same registered business on the same zone lot in any calendar year.
(3)
Other conditions. A temporary sign shall be allowed under conditions of and subject to all requirements for temporary signs as noted herein.
(4)
Exceptions to the requirement of obtaining a permit for certain temporary signs. Any person or entity which has a recurring requirement to place temporary signs, such as real estate for sale, construction, or political, shall not be required to obtain a permit for each individual sign, provided that said business adheres to all other requirements of this article and the following requirements:
(a)
The maximum square footage of any sign in a residential zone shall not exceed six square feet. The maximum total square footage for all such signs shall not exceed 24 square feet.
(b)
The maximum square footage of any sign in any nonresidential zone shall not exceed 64 square feet. Only one sign shall be placed within the front yard of any zone lot.
(Ord. of 3-20-2006)
Except as otherwise provided herein, the owner of any zone lot or other premises on which exists a sign that does not conform with the requirements of this article or for which there is no current and valid sign permit shall be obligated to remove such sign or, in the case of nonconforming sign, to bring it into conformity with the requirements of this article.
(1)
Signs existing on effective date. For any sign existing in the city on the effective date hereof [November 18, 2002] and for which a permit is required, an application for a sign permit shall be submitted to the inspector before May 18, 2003. Said application shall be exempt from the initial fees adopted under authority of this article, but not from renewal and subsequent fees. Furthermore, no person shall be liable under the penalty provisions of this article prior to May 18, 2003, for a violation of the provisions of this article providing for permits.
(2)
Nonconforming existing signs, permits, and terms. A sign that would be permitted under this article only with a sign permit, but which was in existence on the effective date hereof [November 18, 2002] and which was constructed in accordance with the ordinances and other applicable laws in effect on the date of its construction, but which for any reason is not in conformance with the requirements of this article or of the zoning ordinance, shall be issued a nonconforming sign permit if an application in accordance with subsection (1) of this section is timely filed. Said application is in addition to those applications required by sections 75-511, 75-512, 75-513, and 75-514 hereof.
Such permit shall allow any sign subject to such permit and which was made nonconforming by the adoption of this article to remain in place and be maintained, but pursuant to the provisions of section 75-517 hereof, provided that no action is taken which increases the degree or extent of the nonconformity. Such signs are also subject to the provisions of subsection (3), below. A change in the information on the face of an existing nonconforming sign shall not be deemed to be an increase in the degree or extent of the nonconformity. However, any nonconforming sign shall either be eliminated or made to conform with the requirements of this section when any proposed change, repair, or maintenance would constitute an expense of more than 50 percent of the lesser of the original value or replacement value of the sign.
(3)
Lapse of nonconforming sign permit. A nonconforming sign permit shall lapse and become void under the same circumstances as those under which any other sign permit may lapse and become void.
(4)
Sign removal required. A sign that was constructed, painted, installed, or maintained in conformance with a permit under this article, but for which the permit has lapsed or not been renewed or for which the time allowed for the continuance of a nonconforming sign has expired, shall be forthwith removed without the requirement of notice or action from the city.
(Ord. of 3-20-2006)
When, in specific cases, a literal enforcement of the provisions of this article would result in unusual hardship because of extraordinary and exceptional conditions pertaining to the size, shape, or topography of a zone lot, the inspector may, after application, grant a variance from the requirements of this article in regard to the placement or height of a sign.
(1)
Variances, conditions required. The inspector may grant a variance only after making findings that the following conditions exist:
(a)
There exist extraordinary and exceptional conditions pertaining to the property in question resulting from its size, shape, or topography and which are not applicable to other lands or structures in the area;
(b)
A literal interpretation of the provisions of this article would deprive the applicant of rights commonly enjoyed by the owners of similar properties;
(c)
Granting the variance would not confer upon the property of the applicant any significant privileges that are denied to similar properties;
(d)
The special circumstances are not the result of the actions of the applicant;
(e)
The requested variance will be in harmony with the purpose and intent of this article and will not be injurious to the neighborhood or to the general welfare;
(f)
The variance requested is the minimum variance which will make possible the logical use of the land, building or structure; and
(g)
The variance is not a request to permit a type of sign which otherwise is not permitted in the zoning district involved.
(2)
Actions of inspector on receipt of an application for variance. In addition to those actions required of the inspector in subsection 75-511(4), the inspector shall enter written findings that address each condition referred to in subsection (1), above.
(Ord. of 3-20-2006)
Any person dissatisfied with a decision of the inspector in regard to any provision of this article may appeal said decision to the city council, provided that a notice of appeal is filed with the inspector within ten days of the decision being appealed. The notice of appeal shall be accompanied by the fee required by Appendix A (Schedule of Fees). The city council shall take action on the appeal after a public hearing to be conducted pursuant to the rules for a public hearing found in the zoning ordinance then in effect. The city council shall hear all such appeals within 30 days of filing the notice of appeal. The decision of the city council may be further appealed by certiorari to the superior court taken with ten days of the decision being appealed.
(Ord. of 3-20-2006)
Any of the following shall be a violation of this article and shall be subject to the enforcement remedies and penalties provided by this article, by the zoning ordinance, and by state law. Each sign installed, created, erected, or maintained in violation of this article and each day's violation shall be considered a separate violation when applying the penalty portions of this article.
(1)
To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located.
(2)
To install, create, erect, or maintain any sign requiring a permit without such a permit.
(3)
To fail to remove any sign that is installed, created, erected, or maintained in violation shall be considered a separate violation when applying the penalty portion of this article.
(Ord. of 3-20-2006)
Any violation or attempted violation of this article or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this article shall be a misdemeanor punishable by a fine of not more that $500.00 or six months imprisonment or both. Each day's violation shall be considered to be a separate offense.
All such remedies provided herein shall be cumulative. To the extent that state law may limit availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.
(Ord. of 3-20-2006)
(Ord. of 3-20-2006)
A-1 DISTRICT SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
A-1 DISTRICT SPECIFICATIONS FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Along Scenic Byway - Highway 16. See subsection 75-505(2).
(Ord. of 3-20-2006)
R-1 DISTRICT SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
R-1 DISTRICT SPECIFICATIONS FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Along Scenic Byway - Highway 16. See subsection 75-505(2).
(Ord. of 3-20-2006)
R-3 DISTRICT SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
R-3 DISTRICT SPECIFICATIONS FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Along Scenic Byway - Highway 16. See subsection 75-505(2).
(Ord. of 3-20-2006)
R-4 DISTRICT SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
R-4 DISTRICT SPECIFICATION FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Along Scenic Byway - Highway 16. See subsection 75-505(2).
(Ord. of 3-20-2006)
OFFICE AND INSTITUTIONAL AREA SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
OFFICE AND INSTITUTIONAL AREA SPECIFICATIONS FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Along Scenic Byway - Highway 16. See subsection 75-505(2).
(Ord. of 3-20-2006)
C-1 and C-2 DISTRICT SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
C-1 and C-2 DISTRICT SPECIFICATIONS FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Signage is allowed in addition to other computation of freestanding signage. May be lit only with external lighting.
(Ord. of 3-20-2006)
C-1 and C-2 DISTRICT SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
C-1 and C-2 DISTRICT SPECIFICATIONS FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Signage is allowed in addition to other computation of freestanding signage. May be lit only with external lighting.
(5)
Along Scenic Byway - Highway 16. See subsection 75-505(2).
(Ord. of 3-20-2006)
I-1 AND I-2 DISTRICT SPECIFICATIONS FOR SIGNS REQUIRING A PERMIT
I-1 AND I-2 DISTRICT SPECIFICATIONS FOR SIGNS NOT REQUIRING A PERMIT
Notes:
(1)
"Minimum" area refers to the minimum sign size allowed by right, regardless of size of the sign that would be allowed by computation.
(2)
Signs must be located outside public street right-of-way.
(3)
Square footage is cumulative for all flags on lot.
(4)
Signage is allowed in addition to other computation of freestanding signage. May be lit only with external lighting.
(5)
Along Scenic Byway - Highway 16. See subsection 75-505(2).
(Ord. of 3-20-2006)