Any person violating any provision of this article shall, upon conviction, be punished as provided in section 1-13. Each day a violation is committed, or permitted to continue, shall constitute a separate offense.

(Ord. of 7-17-89, § 3; Ord. of 1-6-97, § 4)

In case any sign, advertising device, or other device covered by this article is or is proposed to be erected, constructed, altered, converted or used in violation of any provision of this article, the zoning administrator may, in addition to other remedies, and after due notice to the appropriate person, issue a citation for violation of this Code requiring the presence of the violator in the municipal court of the city, or institute injunction or other appropriate action or proceeding to prevent such unlawful erection, construction, alteration, conversion or use or to correct or abate such violation.

(Ord. of 7-17-89, § 4)

(a)

Processing of sign permits. The building official shall receive applications for the construction of signs as required by this article. Such applications shall follow the same forms as required for building permits. The building official shall process such sign applications and shall issue permits and assign permit numbers for proposed signs which comply with the requirements of this chapter. The building official shall determine code compliance for all signs except for outdoor advertising and separate use signs which must be approved by the planning commission.

(b)

Sign permit required. Except as specified in this article, it shall be unlawful for any person to post, display, substantially change or erect a sign or advertising device in the city without first having obtained a sign permit. A change in the copy only of a sign or advertising device shall not constitute a substantial change.

(c)

Application for sign permit. Applications for sign permits shall be filed by the sign owner or his agent in the office of the building official upon forms furnished by such office. The application shall describe and set forth the following:

(1)

The application shall include the type and purpose of the sign as defined in section 90-5.

(2)

The application shall include the value of the sign.

(3)

The application shall include the street address of the property upon which the subject sign is to be located, and the proposed location of the subject sign on the subject property. In the absence of a street address, a method of location acceptable to the building official shall be used.

(4)

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

(5)

The application shall include the names and addresses of the owners of the real property upon which the subject sign is to be located.

(6)

The application shall include the written consent of the owner or his agent granting permission for the placement or maintenance of the subject sign.

(7)

The building official may require a sketch or print drawn to scale showing pertinent information such as wind pressure requirements and display materials in accordance with the Southern Standard Building Code. The building official may require additional information on such print or sketch as necessary to ensure compliance with this article.

(8)

The application shall include the name, address, phone number and business license number of the sign contractor.

(9)

All applicants for permits for electrical signs must obtain an electrical permit.

(d)

Expiration of sign permit. A sign permit shall become null and void if the sign for which the permit was issued has not been completed within six months after the date of issuance. No refunds will be made for a permit after the permit is issued. If, later, a sign is desired to be erected at the same location, a new application for the sign must be processed and another fee paid in accordance with the fee schedule applicable at such time.

(e)

Sign permit fees. No permit shall be issued until the appropriate application has been filed with the building official and fees have been paid as established by the city.

(f)

Exemptions from sign permit requirement. The following signs do not require a sign permit, provided, however, that such signs shall be subject to the general provisions of this article:

(1)

One sign per residential use indicating a resident's name and the street address of the premises.

(2)

One nonilluminated principal use sign, not exceeding three square feet in area, located on a nonresidential principal use, and if freestanding located entirely on private property.

(3)

Traffic or other municipal signs, historic markers, legal notices not exceeding 16 square feet in area, railroad crossing signs, danger signs and such temporary emergency or nonadvertising traffic control guidance signs as may be approved by the city.

(4)

Public service signs not exceeding 32 square feet in sign area and used in connection with political campaigns or a locally sponsored civic, cultural, health, safety or welfare campaign, provided that all such signs shall be removed within 14 days of the conclusion of an event or campaign. Such signs shall be located on private property.

(5)

Names of buildings, date of erection of buildings and commemorative tablets, when cut into any masonry surface and made a permanent and integral part of the building.

(6)

Public information signs not exceeding two square feet in size.

(7)

Bulletin boards.

(8)

Development signs.

(9)

One temporary nonilluminated real estate sign for each street frontage advertising only the sale, lease or rental of the premises or property upon which the sign is located, or one nonilluminated sign indicating that a building is open for public inspection. For the residential zoning districts, such signs shall not exceed six square feet in sign area; except where multiuse establishments are involved then such sign may be increased in size to 16 square feet. Such signs shall be placed no closer than five feet from the street right-of-way line or shall be attached to the principal use structure. All such signs shall be removed within seven days after the property has been sold, leased or rented.

(10)

One nonilluminated sign for every 100 feet of frontage when advertising the sale of farm products grown or produced on the premises in any zoning district wherein an agricultural use is permitted; provided that such sign shall not exceed 12 square feet in area and shall be at least 100 feet from the nearest corner of a street, road or highway intersection and at least five feet from the nearest property line.

(11)

Window signs on or within windows relating to the business conducted within or to nonprofit civic or charitable organizations, provided no more than 50 percent of the window space is so utilized.

(12)

Signs in conformance with public traffic sign standards directing traffic movement onto a premises or within a premises, and orientation signs not exceeding two square feet in sign area for each sign when displayed on private property for the purpose of direction or convenience, including signs identifying restrooms, freight entrances and the like. Directional signs on and flat with paved areas are exempt from these standards.

(g)

Administrative officer. This article shall be administered and enforced by the city building official or his designee.

(Ord. of 7-17-89, § 2(8-3025)(m) ; Ord. No. 2008-4, § 1, 1-22-08)

Violation of any provision of this article will be grounds for terminating the permit granted by the city to the owner of the sign or the license of the person erecting the sign. No permit or license shall be suspended, revoked or cancelled except for due cause as defined in this section and after the permittee or licensee has been granted a public hearing before the city council. The permittee or licensee will be given ten days' written notice of the time, place and purpose of the hearing, with a statement of the reason for the suspension, revocation or cancelling of such permit or license. For purposes of this section, due cause is defined as the willful or continued violation of the provisions of this article. The termination of the permit or license does not in any way preclude the person alleged to have violated the provisions of this article from being charged with a violation of this chapter or preclude the city from taking any other action authorized by this Code or any other action authorized by law.

(Ord. of 7-17-89, § 2(8-3025)(p))

It shall be unlawful for any person to engage in the business of erecting or maintaining signs within the city unless and until such person has obtained a business license and a certificate of insurance from an insurance company authorized to do business in the state evidencing that the person has in effect public liability and property damage insurance in the sum of $25,000.00 for property damage for any one claim and public liability insurance in an amount not less than $100,000.00 for injuries, including accidental death, to one person. The certificate of insurance shall state that the insurance carrier will notify the city 30 days in advance of any termination.

(Ord. of 7-17-89, § 2(8-2035)(o))

(a)

The city finds that nonconforming signs may adversely affect the public health, safety, and welfare. Such signs may adversely affect the aesthetic characteristics of the city and may adversely affect public safety due to the visual impact of said signs on motorists and the structural characteristics of said signs.

(b)

Grandfathered nonconforming signs.

(1)

A nonconforming sign that is permanently affixed to the ground or to a building may continue to be used, except that the nonconforming sign:

a.

Shall not be replaced, except in conformity with the provisions of this article;

b.

Shall not be enlarged, altered or rebuilt except in conformance with this article, but it may be repaired to the extent necessary to maintain it in a safe and sanitary condition; and

c.

Shall not be replaced, expanded or modified by another nonconforming sign, except that the substitution or interchange of poster panels, painted boards or dismountable material on nonconforming signs shall be permitted.

(c)

Damage to nonconforming signs.

(1)

Any nonconforming sign shall not be rebuilt, altered or repaired after damage exceeding 50 percent of its replacement cost at the time of destruction. Such sign shall be deemed to be "destroyed." The owner of such sign must apply for a new sign permit in accordance with the permitting procedures in order to rebuild a conforming sign. Application for a new sign permit must be made within 30 days of damage to the sign.

(2)

Any nonconforming sign may be rebuilt or repaired after damages not exceeding 50 percent of its replacement cost, provided that the nonconformity is not increased in any way.

(d)

Whenever the city manager finds that any nonconforming sign is not maintained in good repair and has not deteriorated more than 50 percent of its replacement value, the city manager shall notify the owner thereof and order the sign repaired within 14 days.

(e)

If the city manager finds that the sign has deteriorated more than 50 percent of its replacement cost, or is not repaired within the time specified in the repair notice, the city manager shall notify the owner of the sign and the owner of the real property within a specified time. Failure to comply shall require the authorization of city council to use the police authority of this provision to declare the sign a nuisance and to require removal of any sign or advertisement in violation of this provision.

(f)

Temporary signs to be removed. Any nonconforming sign that is temporary in nature and not permanently affixed to the ground or to a building, such as a streamer or pennant, shall be removed within 60 days of becoming a nonconforming sign.

(g)

Treatment of illegal signs. Any unsafe, abandoned, or damaged sign is declared a public nuisance, which shall be abated by the owner within 45 days of receiving notice from the city. Any sign that is being rebuilt due to destruction is declared a public nuisance if the sign is not rebuilt within 45 days of receiving a sign permit. Failure to remove such illegal sign shall authorize the city to remove the sign at the expense of the owner or occupant of the property.

(Ord. No. 2012-5, § 2, 5-7-12)

Editor's note— Ord. No. 2012-5, § 2, adopted May 7, 2012, repealed former § 90-161, and enacted a new § 90-161 as set out herein. Former § 90-161 pertained to the same subject matter and derived from Ord. of 7-17-89, § 2(8-3025)(n).

No sign shall be erected in the city that:

(1)

Obstructs the sight distances at an intersection or along a public right-of-way.

(2)

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

(3)

Uses admonitions such as "Stop," "Go," "Slow," "Danger," etc., which might be confused with traffic direction signs.

(4)

Violates any of the city regulations as to health, required light, safety or air or defined in the building code.

(5)

Displays flashing or intermittent lights or lights of changing degrees of intensity, unless each interval in the cycle is five seconds or more and the sign does not constitute a traffic hazard.

(6)

Has visible moving, revolving or rotating parts or visible mechanical movement of any kind, except for the moveable hands on street clocks, or has other apparent visible movement achieved by electrical, electronics, or mechanical means, except for time-temperature-date signs.

(Ord. of 7-17-89, § 2(8-3025)(a); Ord. of 1-6-97, § 1)

The following signs are exempt from this article:

(1)

Incidental use signs.

(2)

Any sign with an area of one square foot or less.

(3)

Directional signs.

(4)

Yard sale signs, provided that no person shall attach in any way posters, notices or advertisements to utility poles, meter posts or trees in or along any street right-of-way within the city. The maximum time limit for all yard sale or home sale signs is ten consecutive days.

(5)

Supplemental identification signs.

(Ord. of 7-17-89, § 2(8-3025)(b))

Signs shall be limited in size according to the following regulations:

(1)

Unless otherwise specified, each sign face of any freestanding principal use sign shall not exceed two square feet of sign area per linear foot of frontage occupied by the principal use, or 350 square feet, whichever is less, with each sign having no more than two faces.

(2)

Unless otherwise specified, any signs attached to or written upon a building or structure shall not exceed 40 percent of the building facade of the building on which the signs are attached.

(Ord. of 7-17-89, § 2(8-3025(c))

No more than one freestanding principal use sign and no more than one principal use sign attached to a building is permitted for a single business location, except that business locations served by driveways on different streets may have a freestanding principal use sign on each street. For uses located in a group development, no freestanding sign will be permitted except a directory sign conforming to the requirements of this article.

(Ord. of 7-17-89, § 2(8-3025)(d))

Freestanding signs shall not exceed the following heights as measured above ground level:

(1)

In any residential zone: 20 feet.

(2)

In any commercial or industrial zone: 40 feet.

(Ord. of 7-17-89, § 2(8-3025)(e))

Adequate sign clearance shall be provided to ensure that pedestrian and vehicular traffic movements and safety are not adversely affected. Minimum clearance shall not be less than ten feet above pedestrian ways or less than 15 feet above areas utilized by motorized vehicles.

(Ord. of 7-17-89, § 2(8-3025)(f))

No sign shall overhang any public right-of-way or public street. Principal use signs and separate use signs shall be set back not less than 20 feet from any intersecting street or driveway.

(Ord. of 7-17-89, § 2(8-3025)(g))

Illumination devices for signs, such as but not limited to floodlights or spotlights, shall be so placed and so shielded as to prevent the rays or illumination therefrom from being cast into neighboring dwellings and approaching vehicles.

(Ord. of 7-17-89, § 2(8-3025)(i))

Freestanding signs shall be capable of withstanding horizontal wind pressure amounting to 30 pounds per square foot. In assuming or determining the pressure on any sign, the wind shall be assumed to be blowing from the direction which will produce the maximum stress.

(Ord. of 7-17-89, § 2(8-3025)(j))

No sign shall be permitted within 100 feet of any historical site or monument.

(Ord. of 7-17-89, § 2(8-3025)(k))

Whenever a sign becomes structurally unsafe or endangers the safety or well-being of the building or the general public, the zoning administrator shall order that such sign be brought into compliance with appropriate codes and ordinances or removed. Such order shall be complied with within ten days of the receipt thereof by the person owning or using the sign or the owner of the building or premises on which such unsafe sign is affixed or erected.

(Ord. of 7-17-89, § 2(8-3025)(h))

(a)

Permit fee; inspection. A yearly permit fee of $25.00 shall be required for all temporary portable signs, and any temporary portable electric signs shall further require an electrical inspection to ensure a proper connection to a power source. The inspection shall occur upon obtaining the permit.

(b)

Number of signs. Only one temporary portable electric sign shall be permitted for each business location, and such sign shall be located in such a manner so as not to interfere with the visual clearance along any highway, street or road or to interfere with the visual clearance of adjoining properties or businesses.

(c)

Display period; waiting period between permits. Temporary portable signs shall be limited to a display period of 30 days. A temporary portable sign shall not be redisplayed at a business location until 60 days has passed since the last permit was issued.

(d)

Restricted colors. Sign colors are limited to two, must be earth tones, and approved by the building inspector.

(e)

Copy size requirements. The copy shall not exceed 20 square feet per sign face. The copy shall be restricted three lines of uniform sized lettering between eight and four inches in height. The copy shall be securely fastened to the sign face and neatly maintained to appear as initially designed and placed

(Ord. of 7-17-89, § 2(8-3025)(l); Ord. No. 2004-19, § 1, 10-4-04)

To preserve and promote the public health, safety, and welfare of the citizens of Garden City, Georgia, to maintain and enhance the visual environment, and to preserve the right of citizens to enjoy Garden City's scenic beauty, to improve pedestrian and traffic safety, and to minimize the possible adverse effect of outdoor advertising or separate use signs on nearby public and private property, the following regulations shall govern the location of such signs within the city:

(1)

An outdoor advertising or separate use sign may be located on any property located in a mixed use, commercial, or industrial zoning district in addition to any other freestanding sign authorized by this article so long as such sign complies with the pertinent provisions of the City Code.

(2)

Outdoor advertising or separate use signs are allowed on parcels fronting state or federal highways in commercial, industrial, or mixed use districts only. Such signs are limited to 480 square feet in sign area with dimensions not exceeding 12 feet in height or 42 feet in width.

(3)

Outdoor advertising or separate use signs are allowed on parcels adjacent to streets other than state or federal highways in commercial, industrial, and mixed use districts only. Such outdoor advertising or separate use signs are limited to 400 square feet in sign area per face, with dimensions not exceeding 12 feet in height and 25 feet in width.

(4)

Outdoor advertising or separate use signs shall be erected to a height of no more than 50 feet where located adjacent to state and federal highways and no more than 30 feet when located adjacent to other streets.

(5)

All portions of a sign face and support members of any outdoor advertising or separate use sign shall be set back from all buildings, structures, and property lines in compliance with the setback requirements of this Code applicable to the zoning district where the sign is located.

(6)

Only one outdoor advertising or separate use sign shall be allowed per platted lot. No outdoor advertising or separate use sign shall be placed on any residentially zoned lot which contains any freestanding sign. Outdoor advertising or separate use signs shall be no less than 1,000 feet apart, measuring from the two closest points and only one sign face shall be allowed to face the same direction per location. This allows back-to-back or "V" formation signs but prohibits two signs side-by-side or over-and-under, facing the same direction. The faces of a sign constructed in the form of a "V" shall not exceed 45 degrees.

(7)

No outdoor advertising or separate use sign or part thereof, shall be erected, used, or operated or maintained:

a.

Within 150 feet of the nearest edge of the right-of-way of another intersecting right-of-way.

b.

Within 200 feet of any church, school, cemetery, public park or public building.

c.

Overhanging a public right-of-way or a private road or drive.

d.

Within 100 feet from any residentially zoned area.

(8)

Sign illumination shall not cause beams or rays of light to be directed to a roadway or adjacent properties. Flashing illumination such as, without limitation, flashing, running, or sequential lights are prohibited except as expressly provided herein.

(9)

Outdoor advertising or separate use signs shall be prohibited in areas where no roadway of any kind currently exists. Outdoor advertising or separate use signs shall only be permitted on roadways which are currently functioning as a bona fide roadway and are under the care and control of the Georgia Department of Transportation, Chatham County, Georgia, or under municipal control.

(10)

The following outdoor advertising or separate use signs are expressly prohibited unless specifically stated otherwise in this article:

a.

Signs employing movement including, but not limited to, changeable copy signs, pennants, flags, banners, streams, propellers, discs, and search lights.

b.

Signs that include lights which flash, blink, or turn on and off intermittently, but not including time and temperature signs.

c.

Signs employing direct, indirect, internal, flashing, or other illumination with light sources or reflectivity of such brightness that constitute a hazard to ground or air traffic or a nuisance, as determined by the city manager.

d.

Inflatable signs including, but not limited to, balloons.

e.

Roof billboards which are erected or painted on a roof or which extend in height above the roof line of the building on which the sign is erected.

f.

Any sign which may be confused with or obstruct the view of any authorized traffic sign or signal, obstructs the site distance triangle at any street or highway intersection, or extends into the public right-of-way.

(11)

Extrusions beyond the face of any outdoor advertising or separate use sign, excluding aprons, are prohibited.

(12)

There shall be an initial inspection of outdoor advertising or separate use signs and reinspection every five years.

(13)

Trees may be cut, trimmed, or pruned in locating, erecting, or maintaining any outdoor advertising or separate use sign provided a tree removal permit is issued by the city.

(14)

With respect to outdoor advertising or separate use signs that contain alphanumeric characters, graphics, or symbols defined by a small number of matrix elements using different combinations of light-emitting diodes ("LED's"):

a.

Such signs shall contain static messages only, and shall not have movement nor flashing on any part of the sign structure, design, or pictorial segment of the sign, nor shall such sign have varying light intensity during the display of any single message.

b.

Each display on an electronic changeable message LED sign shall remain fixed for at least ten seconds.

c.

When a message on an electronic changeable message LED sign is changed, the change shall be accomplished in three seconds or less.

d.

Any electronic changeable message LED sign shall contain a default design that will freeze the display in one position or black screen if a malfunction occurs.

e.

No auditory message or mechanical sounds may be emitted from the sign.

f.

Electronic changeable message LED signs may not operate at brightness levels of more than 0.20 foot candles above ambient light levels as measured at the following distances:

g.

The owner of said LED outdoor advertising or separate use sign shall annually provide a letter from an independent contractor certifying lumens compliance with the provisions of this Code Section.

h.

Each sign must have a light sensing device that will adjust the brightness of the display as the natural ambient light conditions change.

i.

No LED outdoor advertising or separate use sign shall be located within 2,500 feet of another LED billboard sign on either side of the road.

j.

Electronic changeable message LED signs shall meet the same installation and permitting requirements and inspections as set out for electrical signs and all other signs.

k.

The owner of said LED outdoor advertising or separate use sign shall coordinate with the local authorities to display, when appropriate, emergency information important to the traveling public including, but not limited to, Amber Alerts or alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.

l.

The owner of said LED outdoor advertising or separate use sign shall provide the City of Garden City contact information for a person who is available to be contacted at any time and who is able to turn off the electronic sign promptly after a malfunction occurs. If, at any time more than 95 percent of the LED display lights malfunction or are no longer working, the owner of said LED sign shall make repairs to the sign within 60 days or the sign will require removal.

m.

If the City of Garden City finds that the LED outdoor advertising or separate sign causes a glare or otherwise impairs the vision of the driver of a motor vehicle, the owner of the sign, within 24 hours of a request by the city, shall reduce the intensity of the sign to a level acceptable to the city.

n.

Each sign must comply with all Georgia Department of Transportation rules and regulations applicable to electronic changeable message signs where not in conflict with this article.

(15)

Each outdoor advertising or separate use sign shall have attached thereto a legend identifying the agent or agency responsible for the erection and maintenance of such sign. Such legend shall set forth the permit number issued by the zoning administrator for such sign.

(16)

Each outdoor advertising or separate use sign shall constitute a self-supporting structure erected on one pole permanently attached to a concrete foundation. The foundation shall be designed to carry the weight and windload of the sign, in the soil which it is placed. The sign's pole and supporting apparatus shall be fabricated only from painted or galvanized steel or metal. No portion of the supporting structure for the sign shall be visible above the advertising display area.

(17)

Every outdoor advertising and separate use sign, including its supports, braces, guys, and anchors, shall be maintained in a safe, presentable, and good structural material condition at all times, which includes the repair or replacement of defective parts, painting, repainting, cleaning, and other acts required for the maintenance of said sign. The surrounding premises of each sign shall be maintained in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish, and weeds.

(18)

The advertising or copy area shall be replaced periodically to maintain good appearance. When the sign displays no advertising copy, its face shall continue to have a tight, closed, or solid surface concealing the sign's supporting apparatus, and shall be of a uniform color.

(Ord. No. 2012-5, § 1, 5-7-12; Ord. No. 2014-1, § 1, 3-3-14)

Editor's note— Ord. No. 2012-5, § 1, adopted May 7, 2012, repealed former § 90-174, and enacted a new § 90-174 as set out herein. Former § 90-174 pertained to the same subject matter and derived from Ord. of 1-6-97, § 2.

A business operating in compliance with the city's zoning code to which access is limited by a side street/road running directly from either Highway 80 or Highway 21 to the business site for a distance of at least 600 feet (measured from the closest highway right-of-way line to the boundary line of the business site) through residentially-zoned property may erect one off-site free-standing sign advertising its operation and location on a lot measuring at least 1.4 acres located at the intersection of said side street/road with the highway, regardless of the zoning classification of such lot, provided that:

(1)

The sign shall be situated at a right angle, or perpendicular, to the highway, visible to the traffic traveling in both directions thereon, and shall not be located within 30 feet of the curb marking the intersection of the side street/road with the highway;

(2)

No other signs not exempt from the sign permitting requirements of this article are located on said lot;

(3)

The owner of said lot where the sign is to be situated provides written consent for the erection of the sign to the city administrator;

(4)

The sign has no more than two faces, is no more than 20 feet in height, and does not have a sign area per face of more than 32 square feet; and,

(5)

The sign otherwise meets all of the requirements of this article.

(Ord. No. 2004-14, § 1, 5-17-04)

Editor's note— Ord. No. 2004-14, § 1, adopted May 17, 2004, amended the Code by adding provisions designated as § 90-174. Inasmuch as there were already provisions so designated, the provisions have been redesignated as § 90-175.