Definitions are found in section 68-201 of this chapter.

(Ord. of 12-21-2020)

(a)

The county's population and the surrounding areas of the county have grown substantially in the past decade. The result is that the major thoroughfares of the county have experienced a drastic and dramatic increase in the volume of traffic along with significant increases in automobile collisions. The regulations in this article are designed to promote the public health and safety by controlling number, placement, size and height of signs to prevent excessive and undue distraction to motorists and pedestrians and to prevent traffic hazards.

(b)

The county is an attractive and pleasant community with a rural atmosphere where various and diverse businesses have located. The county recognizes the need of these businesses to advertise products and services. The county also finds that it is in the best interests of all property owners, residents and businesses to avoid an environment that encourages visual blight and seek to encourage an attractive suburban environment. As a result, the county must balance the needs of business against the county's obligation to restrict clutter, maintain an aesthetically pleasing environment, protect property values and enhance public safety.

(c)

The county further finds that uniform regulation of signage providing directional, commercial and noncommercial information to the motoring public to promote public safety is essential. Regulation of the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services and facilities in the county without difficulty and confusion, to improve the general attractiveness of the community, to take advantage of the beauty of the community's natural environment, and to protect property values therein. Such regulation is also necessary to facilitate and aid in the identification and location of businesses in the county in the event of police, fire or other emergencies and to avoid confusion and delay in response to such emergencies.

(Ord. of 12-21-2020)

(a)

Accordingly, it is the intention of the county to establish regulations governing the display of signs that will:

(1)

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

(2)

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

(3)

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

(4)

Promote signs that are compatible with their surroundings.

(b)

It is also the purpose of this article to ensure proper maintenance for safety and structural soundness, as well as the appearance and attractiveness of signs.

(c)

Provide a reasonable balance between the right of an individual to identify his or her business and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and similar devices.

(d)

Permit the reasonable dissemination of all forms of speech.

(e)

To guard against an excess of large, intense signs which cause visual blight on the appearance of the county. Visual blight adversely affects the aesthetic quality of life and traffic safety in the county for residents, businesses, pedestrians and persons in vehicles.

(f)

Protect the public health, safety and general welfare while protecting the rights of sign owners to expression and identification.

(g)

Promote economic development.

(h)

Protect property values by minimizing the possible adverse effects and visual blight caused by signs.

(i)

Ensure that signs are compatible with adjacent land uses and with the total visual environment of the community.

(j)

Encourage signs that are well designed and compatible with their surroundings and with the buildings to which they are appurtenant and encourage signs that are integrated with and harmonious to the buildings and sites they occupy.

(k)

Eliminate excessive and confusing sign displays.

(l)

Recognize that the size of signs that provide adequate identification in pedestrian-oriented business areas differs from those that are necessary in vehicular-oriented areas where traffic is heavy, travel speeds are greater and required setbacks are greater than in pedestrian areas.

(m)

Preserve and improve the appearance of the county as a place in which to live and to work and as an attraction to nonresidents who come to visit or trade.

(n)

Encourage creative and well-designed signs that contribute in a positive way to the county's visual environment, express local character and help develop a distinctive image for the county and to discourage mediocre and poorly-designed signs.

(o)

Encourage new and replacement signage that is appropriately sized in its context so as to be easily readable.

(p)

Encourage the construction, alteration and repair of signs according to accepted and approved standards.

(q)

Ensure the fair and consistent enforcement of sign regulations.

(r)

Further the objectives of the county's comprehensive plan and this chapter.

(Ord. of 12-21-2020)

(a)

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 county without first having obtained a sign permit.

(b)

Existing signs that conform to the provisions of this article that would be required to obtain a permit under the regulations of this article must register with the county to establish that conformity. Failure to register shall not render the sign illegal; however, failure to register the sign shall shift the burden of proof of conformity with the sign regulations in effect at the time of the erection and initial permitting of the sign to the sign owner/property owner. The information provided for registration will be the same information required in a permit application under section 68-1404. No permit fee will be required for the registration of existing signs.

(Ord. of 12-21-2020)

The sign owner or the owner's agent shall file applications for sign permits required by this article with the planning and development department. The application shall describe and set forth the following:

(a)

The street address of the property upon which the sign is to be located and a plat map of the property which bears an indication of the proposed location of the sign;

(b)

The aggregate area for all signs on the parcel with documentation (and calculations) of applicable wall and floor square footage necessary for the aggregate area computation as well as pro rata signage calculations (for multi-tenant buildings, floor build-out plans);

(c)

The total square footage of all wall signage;

(d)

The name and address of the owner of the real property upon which the subject sign is to be located;

(e)

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

(f)

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

(g)

Structural details or other information necessary to ensure compliance with the provisions of these regulations and all applicable codes including, but not limited to:

(1)

The type of sign to be erected;

(2)

The area of the sign;

(3)

The height of the sign;

(4)

The shape of the sign;

(5)

An explanation of how the sign is to be mounted or erected;

(6)

The distance of the sign from the closest adjacent sign in either direction;

(7)

The size of the parcel on which the sign is to be placed;

(8)

The construction cost.

(h)

One scaled site plan with elevation drawings and showing drives, structures, and any other limiting site features including notation of zoning, property dimensions, vicinity map, site address, and existing rights-of-way;

(i)

One scaled drawing of plans, specifications (including color of material samples described and keyed to the proposed sign) and method of construction and attachment to the building or ground for the sign;

(j)

Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this article and all other ordinances of the county and applicable construction requirements.

(Ord. of 12-21-2020)

The county shall process all sign permit applications within 30 business days of the county's actual receipt of a completed application and a sign permit fee. The administrative officer or his designee shall give notice to the applicant of the decision of the county by hand delivery or by mailing a notice by certified mail, return receipt requested, to the address on the permit application on or before the 30th business day after the county's receipt of the completed application. If mailed, notice shall be deemed to have been given upon the date of mailing in conformity with this section. If the county fails to act within the 30-day period, the permit shall be deemed to have been granted.

(Ord. of 12-21-2020)

Every sign for which a permit is required under this article shall be plainly marked with a permit decal issued for said sign by the administrative officer affixed on the framework of the sign in such a manner that the information contained therein shall be readily accessible and durable.

(Ord. of 12-21-2020)

(a)

Procedure: The county shall deny permits to applicants that submit applications for signs that do not comply with the provisions of this article, incomplete applications and applications containing any false material statements. Violation of any provision of this article will be grounds for terminating a permit granted by the county for the erection of a sign. Should it be determined that a sign permit was issued pursuant to an incomplete application or an application containing a false material statement or that a permit has been erroneously issued in violation of this article, the administrative officer shall revoke the permit. Should the county deny a permit, the reasons for the denial are to be stated in writing and mailed by certified mail, return receipt requested, to the address on the permit application on or before the 30th business day after the county's receipt of the application. Any application denied and later resubmitted shall be deemed to have been submitted on the date of resubmission instead of the date of the original submission. No permit shall be denied or revoked except for due cause as hereinafter defined and the applicant is granted a public hearing before the administrative officer or his designee as the hearing officer designated by the county. The applicant will be given ten days' written notice of the time, place and purpose of the hearing along with a statement of the reason for the denial of the permit application or the revocation of a permit. The term "due cause" means the violation of the provisions of this article, state or federal law or the submission of an incomplete application or an application containing false material statements.

(b)

Appeal: The applicant whose permit application has been denied or a permittee whose permit has been revoked may appeal the decision of the administrative officer to the planning commission provided that they file written notice of an appeal stating the reasons for the appeal with the administrative officer within ten business days of the initial decision of the administrative officer. Otherwise, the initial decision of the designated administrative officer is final. Such appeal shall be considered by the planning commission at the next scheduled meeting held after the county's receipt of the written notice of appeal provided that notice of appeal is received a minimum of two full business days before the meeting. A final appeal to the board of commissioners may be had as set forth in section 68-1201.

(Ord. of 12-21-2020)

A sign permit shall become null and void if the sign for which the permit was issued has not been installed and completed within 180 days after the date of issuance. No refunds will be made for permit fees paid for permits that expired due to failure to erect a permitted sign. If later an individual desires to erect a sign at the same location, a new application must be processed and another fee paid in accordance with the fee schedule applicable at such time.

(Ord. of 12-21-2020)

The permit fee for signs shall be as provided in the fee schedule maintained by the county.

(Ord. of 12-21-2020)

Every sign, except as specifically exempted, shall be located on private property and at least five feet from all street rights-of-way but not less than 15 from any street paving or curb line, and at least 15 feet from any other property line.

(Ord. of 12-21-2020)

(a)

The following types of signs are prohibited throughout the county:

(1)

Roof signs;

(2)

Animated signs, changing signs, electronic message board signs and changeable copy signs except as permitted by section 68-916.;

(3)

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

(4)

Window signs that exceed 30 percent of the window area;

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

Signs which advertise any activity, service or product prohibited by the laws or regulations of the United States or the state or by the ordinances or resolutions of the county;

(11)

Signs attached to or painted on a vehicle parked adjacent to and visible from a street for the sole purpose of advertising onto said street;

(12)

Air- and gas-filled devices;

(13)

Flashing, blinking, or varying intensity signs except as permitted by section 68-916;

(14)

Portable or trailer display signs;

(15)

All off-site premises signs unless specifically authorized by this article;

(16)

Spotlighted or floodlighted signs, with the exception of monument signs;

(17)

Foreign language sign regulations:

a.

A foreign language sign is any sign whose English letters and words occupy less than 75 percent of the total area of the sign occupied by letter and words or language characters. Nothing in this section shall be construed to prohibit signs in foreign languages or signs using foreign symbols or letters so long as the English equivalent is placed on the sign in letters of at least the same size.

b.

A foreign language sign is any sign containing other than English letters and words that has not submitted a notarized translation to the county planning department by a qualified translator (as determined by the county planning department upon submission, review and approval of qualifications). The qualified translator must be someone other than the owner of the business. A translator approved to perform translation services before any court in the state shall be a qualified translator and need only submit proof of such court approval.

(18)

Banner signs:

a.

Banner signs except as registered in subsection (a)(18)b of this section.

b.

Banner signs are permitted under the following conditions:

i.

The business location has permitted permanent signage which is in compliance with this code section.

ii.

Banner signs are registered (no fee) with the county by completion of the required registration forms on the county's website (www.habershamga.com) or with the building department. Written confirmation shall be given of registration.

iii.

Banner signs shall not be displayed more than 60 days in any one period of time.

iv.

Banner signs shall not exceed more than three banners and the total banner signage shall not exceed 50 percent of the maximum permitted signage for the business location (up to a maximum of 100 square feet total).

v.

No banners are allowed in the common parking areas of shopping centers and multi-tenant commercial premises.

vi.

Banners which are not registered within ten days of notice from the county or which are not in compliance with all the provisions of the within code section shall be removed within ten days of notice of noncompliance. Thereafter, the county shall remove said banners and hold for ten days during which time the banner owner may redeem said banner by payment of a fee of $25.00 plus the actual cost of removal. At the end of ten days, said banners shall be destroyed.

vii.

Banners must be attached to a principal building.

(b)

This article is adopted in order to facilitate and aid in the identification and location of businesses and other entities in the county upon police, fire and other emergencies and to avoid confusion and delay in response to such emergencies.

(Ord. of 12-21-2020)

Parcels located in LI mapping districts shall not have an aggregate sign area greater than eight square feet. Signs having a height of greater than three feet above the grade level of the adjacent street to which the parcel on which the sign is located are not permitted. No sign shall have a sign area of greater than 2.5 feet. However, one single-faced sign, one double-faced sign or two single-faced signs no larger than 24 square feet each and bearing identical copy may be permitted to identify the name of a single-family development at the major entrance.

(Ord. of 12-21-2020)

Parcels located in the MI-C mapping district shall not have an aggregate sign area greater than 24 square feet or a sign height exceeding five feet above the ground level of the adjacent street to which the parcel on which the sign is located.

(Ord. of 12-21-2020)

The following height requirements shall be adhered to:

(a)

No sign shall exceed 25 feet in height at the highest point of the sign.

(b)

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

(Ord. of 12-21-2020)

(a)

Freestanding signs: No freestanding sign may be located within 30 feet of the intersection of street right-of-way lines extended. In no case shall the freestanding sign impair sight distance and/or traffic safety.

(b)

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

(c)

Billboard signs:

(1)

Billboard (general advertising) signs shall not exceed 150 square feet of sign area. Billboard sign areas shall not exceed ten feet in height or 36 feet in length nor extend more than 25 feet above the level of the centerline of the adjacent roadway on which it has access or in the case of multiple frontage, from which it is viewed. Prior to issuance of a permit, a certified profile showing the height of the sign above the adjacent travel lane of the state or county roadway shall be submitted to the county.

(2)

Billboard signs shall only be located on parcels adjacent to designated state or federal highways.

(3)

No billboard sign shall be located within a 1,000 feet radius of another billboard sign.

(4)

No billboard sign shall be located within a 500 feet radius of LI mapped parcels.

(5)

No billboard sign shall be located within 500 feet in any direction of a public park, public playground, public recreation area, public forest, designated scenic area or cemetery provided, however, that such sign may be located within 500 feet of a public park, public playground, public recreation area, public forest, designated scenic area or cemetery when the sign is separated by buildings or other obstructions so that the sign located within the 500-foot zone is not visible from the public park, public playground, public recreation area, public forest, scenic area or cemetery.

(d)

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

(1)

Parcels shall be allowed a maximum aggregate sign area for the entire parcel in an amount equal to 200 square foot or ten percent of the total wall square footage of the major street-facing wall, whichever is greater, except those parcels which front on two or more major arteries shall have a maximum aggregate sign square footage equal to ten percent of the total wall square footage of two walls facing major arteries with the greatest square footage.

(2)

These limits shall include the area of all wall signs, billboard signs and freestanding signs located on the parcel.

(e)

Stanchion signs:

(1)

Each parcel shall be allowed one stanchion sign per street frontage.

(2)

Stanchion signs for single-occupant buildings shall total a maximum of 75 square feet in sign area.

(3)

Stanchion signs for multi-tenant parcels shall not exceed a sign area of 125 square feet with each tenant allowed a pro-rata share of the total sign square footage based upon a percentage calculated by dividing the tenant rental floor square footage by the total rental floor square footage of the multi-tenant building.

(4)

Stanchion signs shall only be located on property in MI and/or HI mapping districts.

(f)

Wall and awning signs:

(1)

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

(2)

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

(3)

Wall and awning signs shall not exceed a sign area of 150 square feet or eight percent of the wall face, whichever is more, on the major street-facing wall.

(4)

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

(5)

Wall signs shall only be located on property in MI and/or HI mapping districts.

(6)

Each multi-tenant building tenant shall be allowed wall or awning signage based on the major street-facing wall with a total sign area not to exceed the individual tenant's pro rata share of the wall/awning sign area component of the maximum aggregate sign area.

(g)

Monument signs:

(1)

Monument signs are encouraged in lieu of permitted stanchion signs but shall total a maximum of 150 square feet of total area and shall not exceed ten feet in height which shall include signage and structure.

(2)

Multi-building commercial developments shall be allowed one monument sign not exceeding 150 square feet for identification purposes at the major entrance to said development with each occupant being allowed name signage area not to exceed six square feet. Each individual building shall be allowed one additional monument sign not to exceed 35 square feet. No other stanchion signs shall be allowed in such developments except on outparcels that front major arteries.

(3)

Multi-building industrial/office/professional developments shall be allowed one monument sign not exceeding 150 square feet for identification purposes at the major entrance to said development with each occupant being allowed name signage area not to exceed six square feet. Each individual building shall be allowed one additional monument sign not to exceed 35 square feet.

(4)

Single-building industrial/office/professional developments shall be allowed one monument sign not to exceed 35 square feet.

(5)

Only one face of a double-faced sign with parallel, opposing faces bearing identical copy shall be used in computing the sign area.

(h)

Changing signs, electronic message board signs, and changeable copy signs:

(1)

Changing signs, electronic message board signs and changeable copy signs shall be permitted solely in county HI mapping district upon strict compliance with all of the following regulations as well as all other state and federal laws and county ordinances applicable hereto.

(2)

No sign permitted under section 68-916(h) shall be erected within 100 feet of an adjoining residential district. No such sign face shall be visible from the interior of any property used for residential purposes.

(3)

No visible portion of such a sign face shall be located within 100 feet of any street having a posted speed limit less than 35 miles per hour.

(4)

Electronic message boards shall not exceed 12 square feet, shall use red or amber light only and may be incorporated into a monument sign. Any messages of said board shall consist of text which may change but shall not flash or scroll across the screen. Each message displayed shall remain fixed for at least ten seconds. When a message is changed, it must be accomplished within an interval no greater than one second.

(5)

No changing sign, electronic message board sign or changeable copy sign shall be located adjacent to Hwy 365/441 or be visible from any portion of said highway unless the sign is otherwise permitted by state law and complies with the following:

a.

Any sign which is directly or indirectly illuminated, including changing signs, electronic message boards and changeable copy signs, shall be reviewed by the county planning and development director or his designee prior to the issuance of a permit for a determination of full compliance with this subsection (h)(5).

b.

No such sign shall be erected and there shall be no lighting of such signs in such a manner and location so as to obstruct the view of or be confused with any authorized traffic signal, notice or control device or with lights on any emergency vehicle or so as to create hazards or distractions to drivers because of direct or reflected natural or artificial light, flashing, intermittent or flickering lighting, or real or apparent movement. No flashing or animated sign shall extend over any public right-of-way.

c.

No changing sign, electronic message board, or changeable copy sign shall extend over any public right-of-way.

d.

If any sign is found to constitute a traffic hazard, the owner of the sign may be required to reduce the intensity of the condition or effect which caused the hazard to a level acceptable to the county. The county may through the issuance of a stop work order, cause an immediate cessation of such conditions or effects where an imminent danger to the traveling public is found.

e.

Each message displayed on any changing sign display shall remain static for at least ten seconds following the completion of its transition from the previous message. As used in this subsection, the term "static" means a display that is fixed in one position with no portion of the display changing in color or light intensity.

f.

When a message is changed mechanically, the transition between a complete static display of the previous message and a complete static display of the next message shall be accomplished in three seconds or less. The transition period shall be measured as that period between any change in any part of the display of the previous message and the time that the display of the next message is fully static.

g.

When a message is changed electronically, the transition between a complete static display of the previous message and a complete static display of the next message shall be accomplished in two seconds or less. The transition period shall be measured as that period between the time that the previous message is static and fully illuminated and the time that the display of the next message is static and fully illuminated.

h.

No changing sign may include animated, flashing, full-motion, video or other intermittent elements. The transition period between two fully-illuminated static message displays in an electronically-changed sign shall not be considered an intermittent element so long as the purpose of the changing light intensity is to fade or dissolve into the next message.

i.

No changing sign may have any type of changing effect on the border of the sign that is not fully integrated with a static message display and which does not transition to the next static message display in the same manner as the rest of the display.

j.

No display or other effect from any electronically-changed sign shall cause a glare or other condition that impairs the vision of the driver of any motor vehicle or which otherwise interferes with the safe operation of a motor vehicle. Such display or effect shall be considered an acute traffic hazard and shall be subject to the regulations contained in this section.

k.

All signs shall appropriately adjust display brightness as ambient light level changes so that brightness of the display does not cause a glare or other condition that impairs the vision of the driver of any motor vehicle or which otherwise interferes with the safe operation of a motor vehicle. The failure of an electronically-changed sign to appropriately adjust display brightness as ambient light levels change shall be considered an acute traffic hazard and shall be subject to the regulations contained in this section.

l.

No malfunction of a changing sign shall cause a glare or other condition that impairs the vision of the driver of any motor vehicle or which otherwise interferes with the safe operation of a motor vehicle. Any such condition resulting from a malfunction shall be considered an acute traffic hazard and shall be subject to the regulations contained in this section.

m.

No general advertising sign employing changing sign technology which is permitted by state law to be located on or adjacent to a state highway system or a general advertising sign with a changing message sign face that is visible from a state highway shall be located within a 5,000 feet radius of another general advertising sign employing changing sign technology that is permitted adjacent to a state highway and on the same side of said state highway or any other general advertising sign with a changing message sign face that is visible to traffic traveling in the same direction on said state highway. The distances shall be measured in a straight line from the nearest edges of the signs.

n.

No general advertising sign employing changing sign technology which is adjacent to an arterial or connector street or with a message face that is visible from an arterial or connector street shall be located within 2,500 feet radius of another general advertising sign employing changing sign technology that is visible to traffic traveling in the same direction on said arterial or connector street, as measured in a straight line from the nearest edges of the signs.

o.

A freestanding business identification sign which is not permitted to be a changing sign and employing any changing sign technology shall contain only static messages and shall not be allowed to change more than once every 24 hours. Any change of copy shall require a permit.

p.

Shopping center signs may employ changing sign technology in those zones where changing signs are allowed. The portion of the sign face which is capable of employing changing sign technology shall be limited to 50 percent or less of the total area of the sign face.

q.

Permit applications for electronically-changed signs must also include a certification from the owner or operator of the sign stating that the sign shall at all times be operated in accordance with this part and that the owner or operator shall provide proof of such conformance upon request of the county. Whether the sign is programmed from the site or from a remote location, the computer interface or other method that programs or controls the changing of the sign copy shall be available for inspection upon the request of the county so that the county can determine the messages being displayed. If the information from the computer interface or other control method is not immediately available, the sign shall cease operation until such access can be provided.

r.

Any general advertising sign which applies to employ changing sign technology shall be required to include as a part of its application a statement which shall indicate that the applicant is willing to allow law enforcement agencies to utilize its display capabilities to disseminate emergency messages on a temporary basis.

s.

Due to the limitation on distances between certain electronic changing signs, an approved application to employ changing sign technology must be acted upon within the time frames stated on the sign permit. After expiration of the permit, a new application for the location shall be required and the expired permit shall be not considered to bar location of other changing signs due to distance requirements under this part. The county may issue one extension of 60 days for good cause as shown in writing by the permit holder prior to the expiration of the original permit.

(Ord. of 12-21-2020)

(a)

Nonconforming signs are signs which met all legal requirements when erected and were permitted. Nonconforming signs shall be permitted until one of the following conditions occurs:

(1)

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

(2)

The sign has been damaged to the extent that more than minor repairs are required to restore the sign;

(3)

The sign is removed or moved for any reason including, but not limited to, right-of-way acquisition, remodeling or reconstruction.

(b)

No structural repairs or change in shape, size or design shall be permitted except to make a nonconforming sign comply with all requirements of this article.

(c)

A nonconforming sign may not be replaced by another nonconforming sign.

(Ord. of 12-21-2020)

If the administrative officer shall find that any sign or other advertising structure regulated herein is unsafe or insecure or is a menace to the public or has been constructed or erected or is being maintained in violation of the provisions of this article, written notice shall be given to the permittee thereof. If the permittee fails to remove or alter the structure so as to comply with the standards herein set forth within ten days after such notice, such sign or advertising structure may be removed or altered to comply by the administrative officer at the expense of the permittee or owner of the property upon which it is located. The administrative officer shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The fee for the owner or permittee to reclaim the sign will be as provided in the fee schedule maintained by the clerk. With regard to signs for which a permit is required, any sign shall be considered an illegal sign if the information furnished to obtain the permit upon the application was false or incorrect. The administrative officer may cause any sign or other advertising structure that is in immediate peril to persons or property to be removed summarily and without notice.

(Ord. of 12-21-2020)

Where a literal application of the terms of this article due to special circumstances would result in an unusual hardship in an individual case, a variance may be granted where all the following conditions exist:

(a)

Exceptional conditions pertaining to the property where the sign is to be located as a result of its size, shape or topography, which are not applicable to other lands or structures in the area;

(b)

The applicant would be deprived of rights that are commonly enjoyed by others similarly situated;

(c)

Granting the variance would not confer on the applicant any significant privileges that are denied to others similarly situated;

(d)

The exceptional circumstances are not the result of action by the applicant;

(e)

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

(f)

Granting of the variance would not violate more than one standard of this article;

(g)

Granting the variance would not result in allowing a sign that interferes with road or highway visibility or obstruct or otherwise interfere with the safe and orderly movement of traffic.

(Ord. of 12-21-2020)

(a)

Signs erected by a public officer in the performance of his duties shall be exempt from the provisions of this article. Such signs include, but are not limited to:

(1)

Public notices;

(2)

Safety signs;

(3)

Danger signs;

(4)

Traffic and street signs;

(5)

Directional signs;

(6)

County signs;

(7)

Memorial plaques;

(8)

Historical markers.

(b)

The following types of signs shall be exempt from the permit requirements of section 68-904 and shall not count towards the maximum aggregate sign area limits provided in section 68-916(g):

(1)

Non-illuminated signs having a sign area of less than 2.5 feet provided they are not located in the public right-of-way. Such signs in commercial and industrial zoned parcels shall be limited to four times a year for a period of ten days at a time. Each period of display shall be separated by at least 30 days.

(2)

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

(3)

Directional or information or public service signs not exceeding 2.5 square feet in sign area erected for the convenience of the public and only used to identify:

a.

Entrances;

b.

Exits;

c.

Drive-throughs;

d.

Bay door entrances;

e.

Parking areas;

f.

No parking areas;

g.

Restrooms;

h.

Public telephones;

i.

Walkways;

j.

Cart paths and similar such features;

k.

No trespassing, no fishing and no hunting signs;

l.

Other such property regulation signs.

(4)

Signs that appear on vending machines or similar devices so long as the sign refers to the product contained within or on the device.

(5)

Professional nameplates not exceeding 2.5 square feet in sign area.

(6)

Residential nameplates not exceeding 2.5 square feet in sign area and bearing only property numbers, post office box numbers and names of occupants of premises or owners of the property.

(7)

Construction signs not exceeding five feet in height and 32 square feet in aggregate sign area with a limit of one sign per site. The sign may only be erected after a building permit has been issued for the site. The sign may only be used to identify the name of the project, architects, engineers, contractors and other individuals or firms involved with the construction but not including any advertisement of any project. In single-family residential areas or developments, the maximum size is six square feet and must be removed no later than seven days after issuance of an occupancy permit by the county (and in no case more than one year).

(c)

Future use signs are permitted in all districts and shall be used to announce a future use of a now vacant parcel of land. These signs can be no more than five feet in height, no more than 32 square feet in sign area, and shall be limited to one sign for each parcel of land. Future use signs may remain erected for a maximum of one year subject to review by the administrative officer and must be replaced immediately by a construction sign once a building permit has been issued.

(Ord. of 12-21-2020)

Illumination for signs shall not cast light on adjoining property or shine in such a manner as to cause traffic interference.

(Ord. of 12-21-2020)

(a)

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

(b)

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

(c)

Any person violating any provision of this article shall be guilty of an offense and, upon conviction, shall be fined not less than $100.00 and not more than $500.00 for each offense. Each day shall constitute a separate offense.

(Ord. of 12-21-2020)