(a)

It is the purpose of this section to permit signs of a commercial nature in districts in which their uses are appropriate; to regulate the size, density, construction, maintenance, and placement of signs intended to be seen from a public right-of-way in the interest of safety and the general welfare; to prevent the blighting influence of excessive signage, abandoned signs, non-functional and/or deteriorated signs; to eliminate, over time, all nonconforming signs; and to minimize potential adverse impacts of signage on nearby property.

(b)

It is not the intent of these regulations to attempt to regulate the message content of signage in any manner whatsoever.

(Ord. No. 17-1496, § 1, 7-10-17)

All signs within the area covered by these regulations shall be erected, constructed, or maintained in accordance with the provisions of this section; and only those signs that are listed in this section shall be erected within said area.

10-2.1.

Traffic safety:

(1)

No sign shall be erected or continue to be maintained or located that:

(a)

Obstructs the sight distance along a public right-of-way;

(b)

Would tend by its location, color, or nature, to be confused with or obstruct the view of traffic signs or signals;

(c)

Uses admonitions such as "stop", "go", "slow", "danger", etc., which might be confused with traffic signals;

(d)

Features potentially distracting elements; including, but not limited to, noise, flashing lights, special effects, moving messages, beacons, flapping banners, or other distracting features;

(2)

No electronic message board or other automated copy sign located in or on property zoned residential (R-20, R-15, R-9, R-6, and R-6-M) or located in or on property adjacent to property zoned residential (R-20, R-15, R-9, R-6, and R-6-M) shall be under power or operational between the hours of 10:00 p.m. and 7:00 a.m.

10-2.2.

Construction prohibited: No sign shall be attached to, in contact with, or painted on any street, rock, or other natural object; nor shall any sign be located on any public right-of-way, public building, or other public property/space, except for awning signs, canopy signs, or projecting signs in areas zoned downtown commercial (D-C).

10-2.3.

Density and setback requirements:

(a)

Signs which do not require a permit shall be at least ten (10) feet from any right-of-way line or property line.

(b)

Signs which require a permit:

(1)

Temporary, accessory, and principal use signs shall be at least ten (10) feet from any right-of-way line. Such provision shall not apply to areas zoned downtown commercial (D-C).

(2)

Advertising separate use signs shall adhere to setbacks established for the district in which they are located unless otherwise specified in this section. No permit shall be issued for any advertising separate use sign closer than one hundred (100) feet to any residential district, church, school, park, cemetery, or any premises used for governmental purposes, as measured parallel with the same street to which the sign is oriented.

(3)

All signs, except billboards and temporary signs, shall be considered as accessory uses and shall be located only on properties upon which a principal use exists or is under construction.

(Ord. No. 17-1496, § 2—4, 7-10-17)

Illumination devices such as, but not limited to, flood or spot lights shall be so placed and so shielded as to prevent the rays or illumination therefrom being cast into neighboring dwellings and approaching vehicles.

The following signs shall not require a permit:

a.

Signs to regulate traffic.

b.

Signs required to be posted by law.

c.

Warning signs and no trespassing signs.

d.

Signs established by governmental agencies.

e.

Signs indicating bus stops, taxi stands, and similar transportation

f.

Signs not exceeding twelve (12) square feet in area advertising specific property for sale, lease, rent, or development, on private property.

g.

Temporary real estate signs less than twelve (12) square feet in area advertising specific property for sale, lease, rent, or development, on private property.

h.

Any sign not exceeding twelve (12) square feet in area other than advertising separate use signs or signs requiring electrical wiring.

i.

Temporary signs on private land involved in campaigns of religious, charitable, civic, fraternal, political, and similar organizations.

(a)

Freestanding signs.

(1)

No freestanding sign shall be larger in area than thirty-two (32) square feet and shall not exceed six (6) feet in height in any area zoned residential (R-20, R-15, R-9, R-6, and R-6-M).

(2)

No freestanding sign shall be larger in area than four hundred (400) square feet and shall not exceed thirty-two (32) feet in height in any area zoned general business (GB), light industrial (LI) or heavy industrial (HI).

(3)

No freestanding sign shall be larger in area than two hundred (200) square feet and shall not exceed thirty-two (32) feet in height in any area zoned neighborhood commercial (NC) or community commercial (CC).

(4)

No freestanding sign shall be allowed in any area zoned downtown commercial. Those freestanding signs currently located in said downtown commercial district are hereby grandfathered in and shall not be subject to the amelioration requirement as set forth in section 10-6(h) of this zoning chapter.

(5)

For purposes of measurement under this section, only one face of a multi-faced sign shall be used for calculation, so long as the sides are mirror images.

(6)

There shall be a minimum of ten (10) feet between any street right-of-way line and the nearest edge of a freestanding sign.

(7)

A minimum of twenty-five (25) square feet of landscape area, exclusive of the sign structure, shall be located at the base of each freestanding sign. The landscaping shall consist of shrubs, ground covers, or other plants appropriate to the setting of the sign.

(8)

Only one (1) freestanding sign per property, not including traffic control signs such as entry and exit type signs.

(9)

Any freestanding sign with a sign height greater than four and one-half (4½) feet must have a minimum clearance of seven (7) feet between the bottom of the sign structure and the grade.

a.

Any freestanding sign located within a 20-foot by 20-foot area of any intersection shall have a clearance of twelve (12) feet between the bottom of the sign structure and the grade.

(b)

Building signs (attached to building walls).

(1)

Shall not exceed fifty (50) square feet per lot frontage in areas zoned downtown commercial (D-C) (excepting where historic preservation ordinance prevails).

(2)

Shall not exceed an area size ratio of one (1) square foot for each foot of wall length measured parallel to the street or roadway frontage in all areas zoned neighborhood commercial (NC) and community commercial (CC).

(3)

Shall not exceed an area size ratio of one (1) square foot for every two-foot of wall length measured parallel to the street or roadway frontage in all areas zoned general business (GB), warehousing and light industrial (WLI), and/or heavy industrial (HI).

(Ord. No. 17-1496, § 5, 7-10-17)

(a)

The following signs are prohibited:

(1)

Portable signs;

(2)

Animated sign;

(3)

Derelict sign;

(4)

Pennant and/or streamer;

(5)

Paper, cardboard, or plastic signage attached to commercial sign poles, canopy supports, light poles, other similar posts, or fences by plastic tie, rope, wire, string, glue, or other non-original manner;

(6)

Graffiti signs; and

(7)

Any sign prohibited in section 10-2.1 set forth hereinbefore.

(b)

Any nonconforming sign shall be removed within one (1) year from the date of adoption of the ordinance codified in this section.

(c)

All such signs not removed within one year will be considered a public nuisance subject to abatement in accordance with the provisions of the Code of Ordinances of Fitzgerald, Georgia.

(Ord. No. 17-1496, § 6, 7-10-17)

No sign, except those listed in section 10-4, shall be erected, hung, or placed or structurally altered without a permit from the zoning administrator. The zoning administrator shall only issue a permit for the erection or construction of a sign which meets the requirements of section 10 of this ordinance.

10-7.1

Filing procedures: Application for permits to erect, hang, or place a sign shall be submitted on forms obtainable from the zoning administrator. Each application shall be accompanied by plans showing the area of the sign, size and character and the method of illumination, if any, and the exact location proposed for such sign and in the case of a projecting sign, the proposed method of fastening said sign to the building structure, the vertical distance between such sign and the finished grade, and the horizontal distance between such sign and the street right-of-way.

10-7.2

Additional information: Each applicant shall, upon the request [of the] zoning administrator, submit any additional information deemed necessary by said administrator.

10-7.3

Temporary signs:

(a)

A temporary sign which does not require a permit shall not be left in place for a period to exceed thirty (30) days. Any sign not removed by the owner before the expiration of such thirty (30) day term, shall be subject to removal by the city.

(b)

A banner shall be placed flush upon the wall or window to which it is attached. Banners shall not be hung as canopy signs, flown as flags, placed on stakes or fences, or used as any other form of sign. In addition to any other signage allowed, only one (1) banner per street frontage is allowed. Such banner shall not exceed thirty-two (32) square feet in area.

(c)

A temporary sign shall be limited to one (1) per two hundred (200) feet of street frontage per temporary special event.

(d)

No off-premises temporary commercial signs are allowed.

(Ord. No. 17-1496, § 7, 7-10-17)

(a)

Banner. A temporary sign, other than a flag, made of paper, cloth, thin plastic, or similar lightweight material and with or without letters, illustrations, message, character, or logo; a flag or canopy is not a banner.

(b)

City shall mean the City of Fitzgerald, Georgia.

(c)

Flag. Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, organization or any other person or entity.

(d)

Multi-faced sign. A sign structure that contains two (2) or more sign face surfaces that are located on different sides of the structure and are separated from each other at their nearest point by no more than three (3) feet.

(e)

Nonconforming sign. A sign that was lawfully erected and maintained prior to the adoption, revision, or amendment of this section, and by which reason of such adoption, revision, or amendment fails to conform to all applicable regulations and restrictions of this section.

(f)

Sign. The term "sign" shall mean any structure, display, or device that is used to advertise, identify, direct, or attract attention to a business, institution, organization, person, idea, product, service, event, or location by any means, including words, letters, figures, design characteristics, symbols, logos, fixtures, colors, movement, or illumination. Signs include building signs and freestanding signs.

(g)

Temporary special event. A festival, carnival, or exhibit produced by or on behalf of a non-profit organization; or a business promotion or event. Such an event may last for a period not to exceed fourteen (14) consecutive calendar days and may not occur more than twice in any calendar year.

(h)

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

(1)

Awning or canopy sign. A sign imposed or painted that is party of, attached to, or suspended beneath any awning, canopy or other fabric, plastic, or structural protective cover over a door, window, entrance, or other outdoor area. A marquee is not a canopy.

(2)

Facade or wall sign. A sign that is fastened directly to or is placed or painted directly and extends from the surface of the wall no more than eighteen (18) inches.

(i)

Graffiti sign. A non-traditional or impromptu sign hand lettered with spray paint.

(j)

Projecting sign. A sign affixed to a wall and extending more than eighteen (18) inches from the surface of such wall, usually perpendicular to the wall surface.

(k)

Freestanding sign. A sign permanently attached to the ground, which is wholly independent of any building or other structure. The term "freestanding sign" includes, but is not limited to, the following:

(1)

Pole sign. A sign that is mounted on a freestanding pole or poles or similar support such that the bottom of the sign face is not in contact with the ground.

(2)

Monument sign. A freestanding sign in which the entire bottom of the sign face is in contact with or in close proximity to the ground, providing a solid and continuous background for the sign face from the ground to the top of the sign.

(l)

Sign face. That portion of the surface of a sign structure where words, letters, figures, symbols, logos, fixtures, colors, or other design elements are or may be located in order to convey the message, idea, or intent for which the sign has been erected or placed.

(m)

Sign height. The vertical distance to the highest point of a sign structure, as measured from the grade at the base of the structure or directly below a projecting structure.

(n)

Sign structure. All elements of a freestanding sign, including the sign face, background, or decorative elements related to the presentation of the sign's message, and the structural supports.

(o)

Wall sign. See "building sign".

(p)

Animated sign. A sign with action, motion, changing colors, flashing lights, or moving characters. Such signs may require electrical energy, but shall also include wind-activated devices including, but not limited to, spinners, aerial devices, and other attention-getting devices. This prohibition does not include rotating signs that revolve no faster than six (6) revolutions per minute; or electronic message boards or other automated changeable copy signs where the message is static and appears for a period of no less than ten (10) seconds, and the message change is accomplished in one (1) second or less and does not contain visual effects such as moving characters or letters, fade in/fade out, flashing, etc.

(q)

Derelict sign. Any sign that contains or exhibits broken panels, visible rust, visible rot, damaged support structures, or missing letters or which is otherwise dilapidated, unsightly, or unkempt, or in such condition as to create a hazard or nuisance, or to be unsafe, or fail to comply with the building or electrical codes, no longer serves any purpose including, but not limited to, advertising a business no longer in operation, a sign frame with no sign, or a sign no longer in an original upright position.

(r)

Pennant. Any lightweight plastic, fabric, or similar material, suspended from a rope, wire, or string, usually in series, designed to move in the wind. A banner or flag as defined in this Code shall not be considered a pennant.

(s)

Permanent sign. Any sign not classified as a temporary sign in this Code.

(t)

Portable sign. A sign designed to be transported or easily relocated and not attached to the ground, including, but not limited to, sign designed to be temporarily placed upon the ground and not otherwise affixed to it; an A-frame or sandwich board sign (except within any area zoned downtown commercial); or a sign mounted or painted upon a non-roadworthy parked vehicle or trailer that is positioned for the primary purpose of acting as a sign exposed to the public and is not in use in the ordinary course of carrying out its transportation function.

(u)

Streamer. A long narrow banner, pennant, or strip of fabric or other material.

(v)

Temporary sign. Any sign not meant to be permanent in nature.

(Ord. No. 17-1496, § 8, 7-10-17)

Any person(s) or entity violating any provision of this section shall be tried in the municipal court of the City of Fitzgerald and, upon conviction, shall be guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100.00) or imprisonment for not more than five (5) days. Each sign in violation of this section as well as each day in which such sign is in violation of this section shall be a separate offense.

(Ord. No. 17-1496, § 9, 7-10-17)