The purpose of this article is to provide standards to safeguard public health, property, and welfare by regulating the location, size, illumination, construction, erection, maintenance, and quality of materials of all exterior signs, and to ensure that signs will not confuse, mislead, or obstruct the vision necessary for traffic and pedestrian safety.

The City of Ellijay ("city") acknowledges, too, that preservation of the health, safety, morals, and welfare of the citizenry of the city requires the preservation and protection of the visual attractiveness and aesthetic characteristics of existing streets and neighborhoods throughout the community. Signage controls are included in this article to further the aesthetic values of the community by: 1) protecting neighborhood property values, 2) maintaining the traditional character of historic neighborhoods and districts; 3) avoiding the visual degradation of the city's irreplaceable scenic and environmental resources, and 4) promoting city's continued economic growth by encouraging high quality commercial development.

Reasonable, orderly, and effective display of signs provides vital support for economic development and helps create a positive community image that will attract desirable business and industry to the Ellijay area. The uncontrolled use of signs with their variable sizes, heights, and illumination demand attention to help avoid potential dangers to moving traffic and pedestrians. In addition, uncontrolled sign placements can be destructive to adjacent property values so that clutter replaces the intrinsic values of the property and diminishes the effectiveness of the signs as they compete with each other. Absent regulations, competition among competing sign owners for visibility of their signs undermines the sign owner's original purpose of presenting a clear message to the public.

For these reasons, it has become necessary in the public interest to regulate the sizes, heights, locations, types, and other pertinent physical features of exterior signs in the city while simultaneously acknowledging free speech as a First Amendment constitutional right. Balancing the rights of individuals to convey their messages through signs, while protecting the right of the public against unrestricted proliferation of signs is acknowledged as the goal of the city. Such reasonable regulations also further the policy implementation of the city's adopted comprehensive plan, especially regarding impacts on quality land use development in the area.

(Ord. of 3-17-2014, Art. I)

For the purpose of this article, the following definitions shall apply:

Aggregate sign area: Where applicable, the aggregate sign area is the total geometric sign display area of all building signs. The area on the face of all double-faced signs includes only one side of such sign.

Awning: A permanently installed cloth, canvas, or rigid roof-like covering which hangs from a building facade or projects over the public sidewalk for the purpose of beautifying a building facade or sheltering pedestrians from sun or rain. (Also, see "Canopy.")

Banner: A type of portable sign, other than a flag, intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind.

Business premises: A building, suite, office or other unit used for nonresidential purposes. For businesses licensed by the city, the area occupied by a single business license holder shall be deemed as one business premises. Each professional corporation, partnership or other entity in which the professional participates shall be considered the occupant and all area so occupied shall be the business premises. For the purpose of this article, business premises shall include nonresidential space occupied by charitable organizations, political organizations, institutions, or other noncommercial entities.

Canopy: A roof-like structure supported by columns or projecting from a building and open on at least three sides. A canopy may also be detached from a building as a free-standing structure.

Display area (face) or sign area: (a) For a sign, either free-standing or attached, the area shall be considered to include all lettering, wording, and accompanying design and symbols, together with the background, whether open or enclosed (with or without trim), on which they are displayed, but not including the base, apron, supports, and other structural members, which are incidental to the display itself; (b) for a sign painted upon or applied to a building, the area shall be considered to include all lettering, wording, and accompanying designs or symbols together with any background of a different color than the natural color of the building; (c) where the sign consists of individual letters or symbols attached to or painted on a surface, building, canopy, awning, wall or window, the area shall be considered to be that of the smallest rectangle or other geometric shape which encompasses all of the letters or symbols; (d) for a multi-faced sign, when the sign face surfaces are parallel (back-to-back) and located not more than 24 inches from each other, or where the interior angle formed by the faces is 45 degrees or less, the area of the sign shall be taken as the area on the largest side. For all other multi-faced signs, the area of the sign shall be the total area on all sides that can be viewed from any angle.

Facade: Any face (wall) of a building which, because of its architectural details, is clearly intended to be viewed by the public. The front facade is the building wall which customarily contains the primary entry of the building.

Flag: Any fabric or bunting containing colors, patterns, logos, or symbols used to signify a government or other entity or organization.

Frontage, building: The width in linear feet of each exterior wall of a business which faces a public or private street right-of way.

Frontage, lot: For purposes of this article, lot frontage shall be construed as the width in linear feet of each lot where it adjoins a street right-of-way line.

Parcel: A separate tax unit of real property on county real estate records. Also synonymous with "lot" or "tract."

Pennant: Any lightweight plastic, fabric, or similar material suspended from a rope, wire, cable, or string designed to move in the wind and contains no business name or logo or commercial message, is not instructional, commemorative, or directional. The term can include "streamer."

Sign: Any object, device, display, or structure, or part thereof, situated outdoors which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, events or location by any means, including words, letters, figures, designs, symbols, logos, fixtures, colors, movement, or illumination. (See "Display area or sign area.")

Sign, abandoned: Any sign that no longer serves the functional purpose for which it was originally erected.

Sign, animated: Any sign that has action or motion, that change sign copy more frequently than ten seconds, but not including signs which indicate time, temperature, date or an electronic message board.

Sign, bench: A sign located on any part of the surface of an outdoor courtesy bench or seat, trash cans, water fountains, bus stop shelters, and similar devices.

Sign, billboard: A permanent, free-standing sign used as an outdoor display for making anything known which is supported by one or more columns, uprights, or braces in or upon the ground and is not attached to a building and is not mobile or temporary.

Sign, building: A sign that in any manner is fastened to, projects from, or is placed or painted upon the exterior wall, window, or door of a building. The term "building sign" includes but is not limited to the following:

(a)

Awning or canopy sign. A sign imposed or painted upon an awning or canopy and protruding over any public or private sidewalk or right-of-way. If the sign is suspended and hanging below, the lowest extremity of the sign shall not be less than seven feet above the ground.

(b)

Marquee sign. Any sign attached flat against the marquee or permanent sidewalk canopy of a building and not extending above the roof line.

(c)

Projecting sign. A sign affixed to a wall and extending 12 inches or more horizontally from the vertical plane of the building wall, usually perpendicular to the wall surface, and extending not more than four feet.

(d)

Wall sign. A sign that is fastened directly to or is placed or painted directly upon the exterior wall of a building and extends from the surface of the wall no more than 12 inches and a clear height of eight feet above ground level.

(e)

Window sign. A sign that is placed on or behind a window pane and intended to be viewed from outside the building. Window signs on or above the second floor are prohibited except when a business has no ground floor frontage.

(f)

Roof sign. A sign erected on a building roof, where the highest point of the sign shall not exceed the ridge line of the roof and such sign shall not project beyond the face of the exterior wall of the building on which they are located. Such signs, however, shall not be erected on buildings or structures with a flat roof.

Sign, flashing: A sign of any type requiring electrical energy, where illumination of the sign by artificial or reflected light is not maintained stationary and constant in intensity for more than ten seconds. Color changes, while the sign is in use, are included as a flashing sign.

Sign, free-standing: Any affixed sign supported by one or more upright poles, columns, braces, or a base placed in or on the ground and is wholly independent of any building for support.

(a)

Ground: Any permanent free-standing sign with a height that extends not more than three feet above the ground measured from the point of lowest adjacent grade, and the bottom edge of the display area is either attached directly to the ground or not more than one foot above the ground.

(b)

Stanchion/pole: A permanent free-standing sign used as an outdoor display having a total sign display area mounted on one or more poles or supports more than three feet above the ground.

Signs, lighted: Any sign which is visually enhanced through the use of light emitted directly from or within a display surface (internal), or through the use of indirect light that is cast from a source other than the display area of the sign (external).

Sign, nonconforming: Any sign that was lawfully erected and maintained prior to the adoption of this article, and which by reason of such adoption fails to conform to all applicable regulations and restrictions of this article.

Sign, permanent: Any sign attached securely to a building, or a canopy, or the ground by means of concrete, bolts, metal braces, or wood, and continuing in the same state without essential change to the sign structure.

Sign, portable: Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is constructed without wheels; or an A- or T-frame sign; or any sign generally considered moveable or temporarily attached to the ground, including but not limited to:

Signs designated to be transported by a trailer or wheels;

Signs with wheels removed;

Signs with chassis or support constructed without wheels;

A- or T-frame signs (a self-supporting sign with two faces placed back-to-back on a base (inverted T) or hinged together at the top in such a manner that each face leans toward the other);

Menu, sandwich or sidewalk-type signs, except in the CBD or historic district;

Searchlight stands;

Hot-air or gas-filled balloons, or umbrellas;

Signs that are mounted on or painted on parked cars, trucks, or trailers which are located in the city for indefinite periods of time and not regularly used in the course of business;

Banners (except for those banners larger than 32 square feet, and attached temporarily to a building or above a public street right-of-way); and pennants and streamers.

Sign, project/development: A sign located at any discernible entrance or gateway into a particular residential subdivision, other high density residential development, or commercial/industrial park that serves a common or collective purpose for a group of persons or businesses.

Sign, roof: Any permanent sign that is attached, or mounted permanently on the roof of a building or which is wholly dependent upon a building for support and which may or may not project above the eave line of a building with a gambrel, gable, or hip roof, the deck line of a building with a mansard roof, or project above the building with a flat roof; roof signs would also include any letters, numbers, or message that would be painted, or equivalent, upon the surface of the roof.

Sign, rotating: A sign having a standard rotating device designed to physically rotate the sign structure or the sign display area at a rate of less than six revolutions per minute.

Sign, shared: A sign that serves as a common or collective purpose for a group of persons or business premises (two or more) operating on the same parcel, such as, but not limited to, a shopping center, business park, or any building or multiple buildings on a single parcel, each with one or more tenants. Ownership of and responsibility for a shared sign shall remain with the owner of the building or buildings served by the sign.

Sign, side-by-side: A permanent structure of two horizontally adjacent signs with their faces orientated in the same direction.

Sign, stacked: A permanent structure of two vertically adjacent signs with their faces orientated in the same direction.

Sign, standard informational: A sign with an area not greater than 480 square inches, with a placard made for short-term use, containing not reflective elements, flags or projections, and which, when erected, stands at a height not greater than 30 inches, and is mounted on a stake or metal frame with a thickness or diameter not greater than one and one-half inches.

Sign, temporary: A sign or advertising display constructed of cloth, canvas, fabric, plastic, plywood, or other light, impermanent material and designed or intended to be displayed for a short period of time.

Sign, V-shaped: A structure of two signs in the shape of the letter "V" when viewed from above having their faces oriented in opposite directions at an angle not greater than 90 degrees.

Sign base: The footings, and vertical posts supporting the sign display area.

Sign copy: The linguistic or graphic content, including the trim and borders of a sign.

(Ord. of 3-17-2014, Art. II)

(a)

Applicability. The location of signs shall conform with applicable state law. In general, all signs shall be located on private property. No business premise or billboard sign shall be permitted within any street or road right-of-way.

(1)

It shall be unlawful to erect or place any sign which does not conform to the requirement of this article or as otherwise provided for nonconforming signs by this article.

(2)

The requirements of this article shall apply to all signs that are visible from a street, public right-of-way, or property in public ownership, regardless of zoning district.

(3)

The City of Ellijay is genuinely interested in marketing the inner city as the mountain community that has long been its history. Growth has caused the improvement of some transportation corridors for the more efficient movement of goods and services and public safety, and the roundabout in the heart of the Central Business District (CBD) is an example of one modern improvement while some corridors are wider, often with a middle turning lane. While signage is a part of marketing, the proliferation of signage without regulation negatively impacts the mountain image of the community which is attempting to serve those persons that live in the community and those who would choose to visit periodically as tourists. As such, the City of Ellijay especially values for signage purposes, the area designated by zoning as the Central Business District (CBD), the Downtown Historic District, and a designated transportation overlay district that is specific to certain vehicle travel corridors. These areas may be subject to special signage regulations as stated hereafter.

The transportation/signage overlay corridor includes all of those properties that have immediate frontage upon, or any portion of a property that lies within 300 feet of either side of, the following public street rights-of way:

a.

Dalton Street from the corporate limits to the CBD roundabout;

b.

Boardtown Road from the corporate limits to its intersection with Dalton Street;

c.

North Main Street from the intersection with Lois Parks Drive/McCutchen Street to the CBD roundabout;

d.

River Street from the corporate limits to the CBD roundabout; and

e.

South Main Street from the intersection of Bobcat Trail to the CBD roundabout.

(b)

Measuring signs.

(1)

Display area. See definition for display area in section 12.2. The display area is measured geometrically in square feet, and is the area within the smallest regular geometric shape that contains the entire sign copy. The maximum allowed sign size of this article requires the summation of multiple display areas mounted on any sign structure that are readable from a single direction.

(2)

Height of signs. Except as otherwise provided in this article, the height of a sign at its highest point above ground level may be no greater than 20 feet above the adjacent ground. The following rules shall apply in determining adjacent ground: If the base of the sign structure is below the grade of the adjacent roadway, the sign height is measured from the elevation of the adjacent roadway that is nearest to the sign structure. The ground shall not be altered for the sole purpose of providing additional sign height.

(3)

Setback. For the purposes of this article, the setback requirements reference the minimum distance from a street right-of-way line required for the placement of a sign structure. For side or rear line setbacks in all zone districts, a sign structure shall comply with a minimum setback of ten feet from the property line, but in no case shall the sign structure be placed on the property line, nor shall the sign display area extend across any property line, required buffer, or over a public right-of-way, except as may be allowed in the CBD zone district.

(c)

Lighting restrictions.

(1)

The light from illuminated signs shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways, including security lighting that creates a visual distraction to pedestrians or motor-vehicles moving along public thoroughfares.

(2)

No illuminated signs shall be constructed or maintained within 50 feet of any dwelling within a residential district.

(3)

No sign shall be erected that contains, or is illuminated by any flashing, intermittent, or moving light or lights except an electronic message board.

(d)

Special restrictions.

(1)

It shall be unlawful to post any signs or advertisements on any building, fence, or property belonging to another without the written consent of the owner thereof. Such consent shall be exhibited to the code enforcement officer on demand by the person erecting, constructing, or maintaining the sign.

(2)

All signs must be professionally lettered with block letters or professional script and constructed on a material that is weather-resistant and sturdy in form, so as to resist rapid degradation of appearance and structural integrity.

(3)

No sign shall contain colors that are neon or fluorescent in nature.

(4)

Corner lots. For business premises having one street frontage, there shall only be one free-standing or shared sign per parcel along the street right-of way. However for those business premises fronting on more than one street, one free-standing sign or shared sign shall be allowed along not more than two street frontages. In such cases, the free-standing signs shall be equal in size. However, if an existing free-standing or shared sign is nonconforming in size on one street frontage, and a second free-standing or shared sign is desired on another street frontage, the second sign shall comply with current size requirements of the ordinance. Further, this subsection is not applicable to a vacant/undeveloped corner lots, which shall be limited to only one permanent free-standing sign as otherwise provided in this article.

(5)

Subdivision of parcels. For all signs, subdivision (one lot divided into two or more lots) of a parent tract intended for the purpose of creating a parcel for sale, lease, or legacy, and intended only for the placement of a sign shall not exempt such parcel from the signage regulations that are applicable to the parent tract. Further, a subdivision of a tract to create a parcel for construction of a new business premise shall require the business premise to be ready for occupancy before any new signage may be erected.

(e)

Corner visibility clearance. In any district, no sign or sign structure (above a height of four feet) shall be maintained within 15 feet of the intersection of the right-of-way lines of two streets, or of a street intersection with a railroad right-of-way. However, a sign structure (example: pole support) not more than ten inches in diameter, if located on a corner lot where services are provided to the motoring public, may be located within the required corner visibility area if all other requirements of this article are met and the lowest elevation of the sign surface is at least ten feet above the ground level.

(Ord. of 3-17-2014, Art. III)

The following provisions apply to all uses in all zone districts except as may be specified elsewhere in this article.

(1)

Prohibited signs. The following signs or sign types are prohibited throughout the City of Ellijay in all zone districts, unless otherwise noted.

a.

Animated signs or rotating signs.

b.

Portable signs, however, such a sign may be used on grand openings for a period not to exceed four weeks.

c.

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

d.

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

e.

Signs which simulate an official traffic control or warning sign or hides from view any traffic or street sign, signal or public service sign that otherwise interferes with the safe and orderly movement of traffic.

f.

Signs which emit or use in any manner any sound capable of being detected on any traveled road or highway by persons that are able to hear.

g.

Signs erected by nailing, fastening, painting, or affixing the sign in any manner to any tree, a fence post, or any other post or rail used for any other support purpose (guard rail, mail boxes, safety rails, etc.), curb, utility pole or utility box, rock, retaining wall, or fence or other natural or man-made structure.

h.

Signs which advertise any activity, service, or product prohibited by the laws or regulations of the United States, the State of Georgia, or by the ordinances or resolutions of the City of Ellijay.

i.

Abandoned signs. Sign structures and sign display areas, functioning as both free-standing and building signs, that are either nonconforming when a business premise fails, closes, or changes to another business premise or remains when a business premise fails, closes, or changes to another business premise, shall be removed in total.

j.

Flashing signs.

k.

No sign shall be erected or maintained which obstructs any fire escape, any means of ingress/egress or ventilation, or which prevents free passage from one part of a roof to any other part thereof; nor shall any sign be attached in any form shape or manner to a fire escape.

l.

Any sign or sign structure that is unsafe, or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment, or is not kept in good repair, or is likely to cause electrical shocks to persons expected to come in contact with the sign or sign structure.

m.

Billboards in the zones identified as the Central Business District and the Office/Restricted Commercial District, in the Downtown Historic District, and in the transportation/signage overlay district as designated in subsection 12.3(a)(3).

(2)

Permanent signs. The following sign types, related to functional business premises, require the issuance of permits unless otherwise stated by this article.

a.

Free-standing signs. Generally, such signs shall only be located on property in multi-family residential (R-3), commercial, or industrially zoned areas, unless otherwise stated. The display area of pole signs shall not extend over a public right-of-way line or property line. Those pole signs having all of the display area ten feet or more above ground level when measured from the grade at the right-of-way line may be erected so that the display areas abuts the right-of-way line. Signs with any portion of the display area less than ten feet above ground level must be erected with the support structure ten feet from the right-of-way line. If the location of the sign structure is below the grade of the road, the height of the sign shall be measured from the grade of the nearest adjacent roadway.

Ground signs shall not exceed three feet in height, and are not bigger than 40 square feet in area, measured on one side only, unless otherwise stated below. Ground signs must be set back at least five feet from the public right-of-way.

One or more free-standing signs shall be allowed per property in accordance with the following, in sequence:

1.

For single business premises on parcels less than one acre in size, one pole sign is allowed with up to 24 square feet of sign area. Maximum height is 20 feet. Alternatively, ground signs are allowed as described above. (See item 6. below.)

2.

For single business premises on parcels of one acre or more, one pole sign is allowed with up to 32 square feet of sign area. Maximum height is 20 feet. Alternatively, ground signs are allowed as described above. (See item 6. below.)

3.

For shared signs on parcels less than one acre, one pole sign is allowed with up to 32 square feet of sign area. Maximum height is 20 feet. Alternatively, ground signs are allowed as described above. (See item 6. below.)

4.

For shared signs on parcels of one acre of more, but less than three acres, one pole sign is allowed with up to 50 square feet of sign area. Maximum height is 20 feet. (See item 6. below.)

5.

For shared signs on parcels of three acres or more, one pole sign is allowed with up to 62 square feet. Maximum height is 25 feet. (See item 6. below.)

6.

For business premises in the Central Business District or Historic District, where there is a conventional lot with customary setbacks, or in the Office/Restricted Commercial District, the allowed free-standing sign or shared sign is only a ground sign. The ground sign shall not exceed 20 square feet in size.

7.

For vacant and undeveloped lots in the districts designated in item 6. above, permanent signage is limited to one ground sign not exceeding 20 square feet in size. Outside of those districts, vacant and undeveloped lots in commercial or industrial zones may have one permanent sign, limited to 24 square feet in size and a height of 20 feet.

8.

Platted residential subdivisions may erect one ground sign at each entrance to the subdivision. Such sign shall not exceed a height of five feet above the grade level of the centerline of the adjacent street and shall not have a sign area greater than 40 square feet. Similarly, a free-standing sign not greater than 16 square feet, setback ten feet from the R/W and not more than six feet high may be used for construction/sale of a project development or business premises, per entrance or road frontage, as applicable.

9.

On any developed residential property/parcel, which is zoned other than multi-family residential, there shall not be more than one free-standing or wall sign, and the sign area shall have a maximum size not greater than six square feet, and if free-standing, not higher than three feet and not located any closer than five feet to any property line.

b.

Building signs. The aggregate sign area of building signs shall not exceed ten percent of the business premises' facades (all walls) that are visible to existing street rights-of-way, up to a maximum total of 200 square feet, whichever is less. Any business premises may erect one building sign of at least six square feet. No individual building sign or combination of building signs shall exceed 200 square feet in size, nor shall any building premise with one or more facades visible to a street right-of-way, not counting the front facade, have more than two signs per facade. (See subsection (2)a.9. dealing with developed residential property.)

Larger buildings. A non-residential building containing a gross floor area of 50,000 square feet or more, may have multiple building signs on any facade, visible to a street right-of-way, and the total sign display area per facade shall not exceed ten percent of each facade.

c.

Billboard signs.

1.

Billboard signs are permanent free-standing signs only allowed on commercial or industrially zoned parcels along state or federal highways, except as otherwise prohibited by this article. No billboard shall be placed on any lot which contains any existing free-standing sign.

2.

Size. Billboards shall not exceed 100 square feet in total display area nor more than 25 feet in height, and shall be shaped not to exceed 15 feet in length.

3.

Form and number. Billboard signs shall not be placed side-by-side or stacked. A sign at a single location, whether back-to-back or "V" formation, shall be the same height above the highway surface.

4.

Height and setback. All billboard signs shall be a minimum of ten feet above adjacent street pavement grade measuring from the lower portion of the sign face. Billboard signs shall not extend more than 25 feet in height above the adjacent ground. The edge of the display area for any sign structures shall be not less than ten feet from any property or right-of-way line.

5.

Spacing. Billboard signs shall be spaced a minimum of 1,000 feet apart measured on the same side of the roadway and from the closest point relative to each other. Further, no billboard shall be located within 500 feet of residentially zone properties, nor shall a billboard be visible to any public park, public playground, public recreation area, National Forest, designated scenic area, or cemetery that is located within 500 feet of the proposed sign location.

6.

Illumination. All illuminated signs shall use base mounted fluorescent or mercury vapor lights and shall be activated by photo-electric cells and shall be so directed as to avoid any potential traffic hazard. Additional lighting including but not limited to neon, animation and running lights are prohibited.

7.

Extrusions prohibited. Extrusions beyond the face of any billboard, excluding aprons, are prohibited.

(3)

Temporary/special event signs. Signage may periodically be needed for a short duration rather than permanent usage. To avoid the unfettered proliferation of signage that could easily contribute to litter and blight to the detriment of property values and business opportunity in all zone districts, the city finds it necessary to manage such signage with the issuance of permits that are tied to a prescribed set of rules for the various signs that may fall in this particular category. These signs shall not be erected within the public right-of-way and shall be located on private property with the permission of the property owner.

Only one permit shall be issued to cover all temporary signs. The maximum number of temporary permits to be issued to a single parcel in a multi-family, commercial, or industrial district shall be four per year for a period of time not to exceed ten days for each permit issued. Not more than one special event permit shall be issued per calendar quarter per business premises.

Banners and standard information signs are allowable as temporary signs and should be spaced 300 feet apart.

(4)

Signs exempt from permit requirements.

a.

The following types of signs shall be exempt from the permit requirements of this article:

1.

Permanent free-standing signs, having a sign area of less than four square feet each, provided it is located five feet from the public right-of-way, does not block vehicle sight visibility, and does not exceed three feet in height. A single property/parcel is limited to not more than six such signs.

2.

Seasonal displays, located outside of the public right-of-way, that are erected for a maximum period of 60 days, not more than twice a year.

3.

Non-illuminated wall signs, not larger than two square feet.

4.

Temporary signs related to a newly opened business shall be allowed for 30 days and its display areas shall be limited to three feet high and not more than 45 square feet.

b.

Flagpoles in residentially zoned districts shall not exceed 25 feet in height or the height of the primary structure, whichever is less. Flagpoles in commercial or industrial zoned districts shall not exceed 60 feet in height. The size of any flag shall not exceed 50 percent of the vertical height. (Example: The flagpole is 25 feet high × .50 = a flag not larger than 12.5 square feet.)

(Ord. of 3-17-2014, Art. IV)

Except as provided in this article, all signs shall be subject to the provisions below, governing nonconforming uses or sign structures. Such provisions, however, shall not be construed to prevent a legally operating nonconforming use from using signs otherwise permitted for similar conforming uses.

(1)

Continuance of nonconforming uses. The lawful use of land area or sign structure existing at the time of enactment of or subsequent amendment to this article may be continued subject to the following restrictions even though such use does not conform with the provisions of this article.

Existing nonconforming sign structures shall not be:

a.

Changed to another nonconforming sign;

b.

Torn down and rebuilt or moved and rebuilt as a nonconforming sign;

c.

Extended or enlarged; or

d.

Rebuilt, altered, or repaired after damage exceeding 50 percent of the fair market value of the improvements, except when changed conditions beyond the control of the owner render the sign nonconforming or warrant the sign's repair.

For the purpose of administration of this provision, ordinary maintenance of a sign is not deemed to be or constitute an extension or enlargement of the sign; and changing the face of the sign is not deemed a change prohibited by this section.

(2)

Deterioration. Nonconforming signs which have been allowed to deteriorate so as to constitute either an aesthetic nuisance or a safety hazard are subject to removal pursuant to section 12.7. A sign shall be deemed to be deteriorated if the paint on its face is faded, cracked or peeling; if removable letters on the changeable copy board are missing or in disarray; if plastic panels are missing, broken or stained; if the sign copy is unreadable, or not relevant to an active business premise or current event; if the sign face or its supporting frame work is rusty or in need of paint; if the area surrounding the sign base is not maintained and kept free of weeds and debris; or if the sign is in need of structural repair.

(3)

Abandonment/business closure. All nonconforming signs which have been abandoned, shall be removed in their entirety by the record owner of the building or the person who obtained the sign license, whomever owns the sign or portion thereof, within 60 days after the business using the sign closes or ceases to operate on the premises where the sign is located. Further, if a nonconforming business premises closes, or the nonconforming business premise/property ownership changes, the signs and sign structures relative to that nonconforming business premise or property shall be removed within 60 days.

(Ord. of 3-17-2014, Art. V)

(a)

Procedures. An applicant whose permit application has been denied or a permittee who alleges that there is error in any order, requirement, decisions, or determination made by the building inspector/enforcement officer or any other administrative official in connection with the enforcement of this sign ordinance, may appeal the decision to the mayor and council of Ellijay, who serves as the zoning board of appeals as established by the Ellijay Zoning Ordinance. The board of zoning appeals shall consider an appeal at the next available legal meeting held after the city's receipt of the written application for appeal. If the appeal is not heard at the next meeting it shall be heard at the next regular meeting of the zoning board of appeals thereafter, but in any event no later than 45 days from the date the written notice of an appeal was filed with the building inspector/enforcement officer. The zoning board of appeals shall make a final decision not later than 30 days from the date of the hearing.

All decisions from the board of zoning appeals shall only be rendered after having provided legal notice in the local newspaper providing a minimum of 15 days notice of the public hearing where such appeal will be heard. Such notice shall indicate the decision appealed from or the variance that is requested with time, date, and place for the public hearing. Further, if such appeal or variance request affects a specific property then such property shall also be posted with a sign indicating the general purpose of the public hearing, the current zoning of the property, and providing the time, date and place for the conduct of the public hearing. More specific details regarding the notice and posting requirements for a public hearing can be found in Article 15 of the Ellijay Zoning Ordinance.

(b)

Appeals and variance powers. The duly appointed zoning board of appeals shall have the power to reverse or amend the decision of the building inspector/enforcement officer, and/or authorize a variance from the strict application of this article where such application will result in practical difficulties or unnecessary hardships to the person owning or having the beneficial use of the property or sign for which the variance is sought.

(c)

Application of the variance power. A variance may be allowed by the board of appeals only in cases involving practical difficulties or unnecessary hardships when the evidence in the official record of the appeal supports all the following affirmative findings:

(1)

That the alleged hardships or practical difficulties or both, are exceptional and peculiar to the property of the person requesting the variance, and result from conditions which do not exist generally throughout the city.

(2)

That the alleged hardships and practical difficulties, or both, which will result from a failure to grant the variance, include substantially more than mere inconvenience or the inability to attain a higher financial return, or both.

(3)

That allowing the variance will result in substantial justice being done:

a.

Considering the public benefits intended to be secured by this article;

b.

The individual hardships that will be suffered by a failure of the board to grant a variance; and

c.

The rights of others whose property would be affected by the allowance of the variance.

(4)

That the requested variance is the minimum variance necessary to allow the applicant to enjoy the rights commonly enjoyed by others similarly situated.

(5)

That granting of the variance would not violate more than one standard of this article and the exceptional circumstances are not the result of action by the applicant.

The above findings of fact shall be made by the board of appeals, which is not empowered to grant a variance without an affirmative finding of fact on the categories above. Every finding of fact shall be supported in the record of the proceedings of the board.

Nothing contained herein shall be construed to empower the board of zoning appeals to change the terms of this article or to add to the signs permitted in any district or to allow any signage that is otherwise prohibited by this article.

(d)

Appeals of decisions. Should the appellant wish to appeal the decision of the board of zoning appeals, the appellant must do so by writ of certiorari directly to the Gilmer County Superior Court. There shall be no intermediate or secondary appeal to the mayor and council or any other administrative body. An application for a writ of certiorari must be filed within 30 days of the applicant's receipt of the written decision of the board.

(Ord. of 3-17-2014, Art. VI)

(a)

Registration/inventory. The enforcement officer/building inspector of the City of Ellijay will, within 90 days after the adoption of this article and prior to the expiration of the signage moratorium that allowed the drafting of this article, prepare a digital photography inventory of those signs deemed to be nonconforming according to the terms of this article. Such inventory shall provide visual evidence as to the general size, location, and type of sign that is considered nonconforming. The registry may also include explanatory notes as to the status determination of any sign. For the sake of the record, such inventory may also include existing free-standing and building signs that are considered conforming signs.

(b)

Sign permit.

(1)

A sign permit is required before a permanent or temporary/special event sign may be erected or attached to, suspended from or supported on a building or structure; and before an existing sign may be enlarged, relocated or materially improved upon to an extent of 60 percent of its total replacement value. All signs using electrical wiring and connections shall require an electrical permit.

Except as specifically excluded from the provisions of this article, it shall be unlawful for any person to post, display, substantially change, or erect a sign in the city without first having obtained a sign permit from the City of Ellijay.

(2)

A sign permit shall be issued by the code enforcement office/building inspector when the plans, specifications and intended use of the permanent sign or part thereof conform in all respects to the applicable provisions of this article, the city building code, and the requirements of the electrical code as certified by the building inspector/enforcement officer and a permit fee has been paid by the applicant.

The administrative application shall be accompanied by plans or such other information [property lines; street names; building location and address; name and address of property owner; distances from building to the road, distances to sign from road, along with a detailed drawing of the sign(s) itself (size and height), and, where applicable, the square footage of each facade and the proposed aggregate sign area; name, address, and phone number of the sign contractor] and such other information as the code enforcement officer/building inspector may reasonably require in the exercise of his duties.

Standardized sign plans may be filed with the building inspector/enforcement officer in fulfillment of this requirement, although site plans to determine the location of a sign shall be filed with each application. The building inspector/enforcement officer shall process the application and either grant or deny the application within 30 business days from the date of receipt of a complete application and payment of the proper fee. The failure of building inspector/enforcement officer to timely act on the application shall be deemed a grant of the application.

(3)

Each permit application shall contain an agreement to indemnify and save the city harmless of all damages, demands or expenses, which may in any manner be caused by the sign(s) or sign structure.

(4)

The city shall deny permits to applicants that submit applications for signs that either do not comply with the provisions of this article, or for incomplete applications, or for applications containing false material statements. Should it be determined that a sign permit was erroneously issued, then such permit is void ab initio. Denial of a permit shall be expressed in writing by the building inspector/enforcement officer before the end of the 30 business days established for review of the application and shall state the reasons for denial of the application. For the purposes of this article, the communication may be made by email or facsimile. Alternatively, the city may personally serve the sign applicant with a copy of the written notice of denial within 30 business days after the city's receipt of the application. The sign applicant shall have the right to appeal the denial of a permit to the city's zoning board of zoning appeals by written notice of appeal as provided in section 12.6 above.

(5)

A sign permit shall become null and void if the sign for which the permit was issued has not been completed within a period of 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. Where a permit has expired for failure to erect the sign and a sign is later desired in the same location, a new application must be processed and another fee paid in accordance with the fee schedule in effect at the time of reapplication.

(c)

Permit fee.

(1)

A permit fee shall be paid to the building inspector/enforcement officer for each permit required by this article. The fee shall be in accordance to rate schedule maintained in the office of the building inspector/enforcement officer and the permit rate schedule shall be fixed by the mayor and council from time-to-time addressing the fees for permanent free-standing signs, building signs, and billboards or temporary/special event signs. No permit shall be issued until the exact dimensions and area of the sign have been filed with the building inspector/enforcement officer. For shared signs, each panel shall require a permit fee.

(2)

Permit fees shall not apply to the ordinary servicing, repainting of an existing sign message, cleaning of a sign, nor to changing of advertising on a sign specifically designed for periodic change of message without change in structure.

(d)

Construction and maintenance. All signs, together with all their supports, braces, guys, and anchors, shall be kept in constant repair and unless constructed of galvanized or non-corroding metal, shall be periodically given a protective coating. The area immediately in front of all free-standing signs shall be maintained free of high weeds and debris. In addition to the above provisions, the code enforcement officer may cause any sign or structure which:

(1)

Is structurally unsafe; or

(2)

Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment; or

(3)

Is deteriorated if the paint on its face is faded, cracked or peeling; if removable letters on the changeable copy board are missing or in disarray; if plastic panels are missing, broken or stained; if the sign face or its supporting frame work is rusty or in need of paint; if the area surrounding the sign base is not maintained and kept free of weeds and debris; or

(4)

Is capable of causing electrical shocks, to be removed following notice of 24-hours to the owner, at the expense of the owner thereof, and to destroy or otherwise dispose of the same.

(e)

Abandonment/business closure. There are legitimate municipal concerns to avoid the unfettered proliferation of signage that could easily contribute to litter and blight, and public safety problems to the detriment of surrounding property values and business opportunity in all zone districts. The city therefore finds it necessary to manage and regulate all visible sign copy and sign structures remaining on-site where a business closes or is discontinued. If a business closes or is discontinued, all visible sign copy and sign structures relative to the past business premises shall be removed within 60 days. However, permanent signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months.

(f)

Enforcement. If any sign is erected or maintained in violation of the provisions of this article, the building inspector/enforcement officer shall have the power to give the owner thereof written notice of such violation, said notice to include a brief statement of the particulars in which such violation is to be remedied. If a sign has been registered with the building inspector/enforcement officer, notice to the registered owner or the person or firm receiving the permit shall be sufficient. If a sign has not been registered and the owner is not known, affixing a copy of the notice to the sign, graphic structure, or building for a period of ten days shall be sufficient. Notwithstanding the foregoing, in the interest of safety, any official or employee or agent of the city at the direction of the code enforcement shall have the authority to remove and dispose of any sign placed within the public right-of-way without notice to the owner.

If such a violation is not remedied within 30 days after such notice, the owner shall remove the sign immediately or be subject to a $150.00 a day fine for each day the sign remains. If the sign is not removed by the owner, the building inspector/enforcement officer shall have the right to remove or arrange for removal of such sign at the expense of the owner. The cost of removal of the sign by city shall constitute a lien against the property and shall be recoverable in the same manner as city property taxes. Upon removal, the city may destroy or otherwise dispose of the same.

(g)

New zoning districts. If a new zoning district is created after the initial enactment of this article or subsequent amendment, no signs shall be permitted therein until this article shall be amended to include such zone district.

(h)

Annexations. Existing signs on the property of newly annexed territory that were legally erected under the county ordinance or the lack thereof, which would become nonconforming under this article upon annexation by the city shall be allowed to remain, provided that such sign shall be registered with the city within 90 days of annexation.

(Ord. of 3-17-2014, Art. VII)

(a)

Adoption and amendment. This article shall both be adopted and amended hereafter, only after the mayor and council shall have authorized the Ellijay Planning Commission or equivalent (hereafter known as the planning commission) to conduct a public hearing, then review and recommend the adoption or subsequent amendment. After conclusion of the required public hearing (subsection (b)), the planning commission shall have 30 days within which to submit its written recommendation to the mayor and council. If the planning commission fails to submit a written recommendation within the 30-day period it shall be deemed to have approved the adoption or subsequent amendment.

(b)

Public hearing. Before enacting an amendment to this article, the planning commission of the City of Ellijay, Georgia, shall hold a public hearing thereon, and at least 15 days notice of the date, time, place, and purpose shall be published in the legal organ of the City of Ellijay, Georgia.

(c)

Presentment to mayor and council. The mayor and council of the City of Ellijay may proceed to final action on the adoption or subsequent amendment of this article after receiving the written recommendation of the planning commission, even if the 30-day period within which the planning commission must act has not expired.

(Ord. of 3-17-2014, Art. VIII)