This article shall hereafter be known and cited as the "Sign Ordinance of the City of Jonesboro." The adopted standards of this article shall hereafter be referenced in the illustrative documents "Jonesboro Guidebook for Sign Regulations in the City" and "Jonesboro Guidebook for Sign Regulations in the Historic District."

(Ord. No. 2019-009, § 1, 3-11-2019)

(a)

Findings. The governing authority of the city hereby finds as follows:

(1)

The explosive growth experienced in the entire Atlanta metropolitan area over the past two decades has impacted the city. Significant infrastructure improvements in the area have included the expansion of Tara Boulevard and other major thoroughfares within the municipal limits of the city. As a result of these improvements, the city has witnessed a dramatic increase in traffic and the addition of numerous signs within its limits. Uniform regulation of signage providing information to the motoring public is essential to minimize hazards to pedestrians and vehicle operators.

(2)

Exterior signs have a substantial impact on the character and the quality of a community. This is particularly true in the city as very few areas within its limits are distinctly residential or distinctly commercial and homes are often found in close proximity to commercial areas. Moreover, the unique character of the historical areas of the city is especially vulnerable to the impact of exterior signs. A plethora of unregulated signs will have a negative impact on the visual characteristics of the community. Regulation of signs will protect property values and the aesthetic character of the city, maintaining it as a desirable place in which to live and to work.

(3)

A variety of businesses and industries are located within the municipal limits of the city. Their need to advertise products and services must be balanced by the city's obligation to restrict clutter, maintain an aesthetically pleasing environment, protect property values, minimize risks to pedestrians and motor vehicle operators, and enhance public safety.

(4)

Signs provide an important medium through which individuals, organizations, institutions, and businesses may exercise their right to freedom of speech and expression and convey a variety of messages.

(5)

The provisions in this article which regulate signs on the basis of size, height, shape, design, spacing, placement, and distance, but not on the content of any message conveyed therein, provide an appropriate balance between the right to freedom of speech and expression via the sign medium and the protection of the substantial governmental purposes stated above.

(b)

Purpose. The purpose and intent of the governing authority of the city in enacting this article are as follows:

(1)

To protect the health, safety, and general welfare of the citizens of the city, and to implement the policies and objectives of the current comprehensive development plan of the city through the enactment of a comprehensive set of regulations governing signs within the municipal limits of the city.

(2)

To regulate the erection and placement of signs within the city, in order to provide safe operating conditions for pedestrian and vehicular traffic without unnecessary and unsafe distractions to drivers and pedestrians.

(3)

To preserve the value on property on which signs are located and from which signs may be viewed.

(4)

To maintain an aesthetically attractive city in which signs are compatible with the use patterns of existing zoning districts.

(5)

To establish comprehensive sign regulations which effectively balance legitimate business and development needs with a safe and aesthetically attractive environment for residents, workers, and visitors to the city.

(6)

To provide fair and reasonable opportunities for the identification of businesses and industries which are located within the city, and to provide for the identification of the availability of products, goods or services which are available upon site so as to promote the economic vitality of businesses and industries which are located within the city.

(7)

To ensure the protection of the right to freedom of speech and expression provided under the Constitutions of the United States and the State of Georgia and, in no event, place restrictions that apply to any given sign dependent on the communicative content of the sign.

(8)

To establish a permit system to allow specific types of signs in zoning districts consistent with the uses, intent and aesthetic characteristics of those districts.

(9)

To allow certain signs that are small, safe, unobtrusive, and incidental, subject to the substantive requirements of the article but without a requirement for permits.

(10)

To provide for temporary signs in limited circumstances, without regard to the communicative content of the sign.

(11)

To place reasonable controls on nonconforming signs that are by definition contrary to the public health, safety, and welfare while protecting the constitutional rights of the owners of said nonconforming signs.

(12)

To continue to encourage the display of public art as a vital part of the urban landscape, while imposing reasonable restrictions on such art in order to protect public safety and to avoid the abuse of a public art exemption as a means for evading the purpose and effect of these sign regulations.

(13)

To provide a safe and reasonable process for the proper maintenance of existing signs and for the removal of abandoned and dilapidated or blighted signs.

(Ord. No. 2019-009, § 1, 3-11-2019)

(a)

For purposes of this article, certain words are hereby defined. Words used in the present tense shall include the future, the singular shall include the plural, the plural shall include the singular. The word "shall" is mandatory and not discretionary.

(b)

Unless otherwise indicated, the following words and terms shall have the meaning ascribed herein:

Zoning ordinance means the provisions contained in chapter 86 of the Code of Ordinances, City of Jonesboro, Georgia, as adopted and from time to time amended, including the sign ordinance, article XVI.

A-frame sign means a portable sign, including a "sandwich sign", not permanently secured or attached to the ground or surface upon which it is located.

Abandoned sign means any display, sign or sign structure that contains or exhibits broken panels, visible rust, visible rot, damaged support structures, holes on or in the sign structure, broken, missing, loose or bent parts, faded or flaking paint, non-operative or partially non-operative illumination or mechanical devices or which is otherwise dilapidated, unsightly, or unkempt. Also, any on-site sign that is located on property which becomes vacant and is unoccupied for a period longer than 60 days shall be deemed to be abandoned. Permanent on-site signs for a business temporarily suspended due to a change in ownership or management shall not be deemed to be abandoned unless the property remains vacated for a period of 12 months or more.

Administrator means the individual employed by the city as the "zoning administrator" or his or her designee. In the absence of such employment, the term shall mean the individual designated by the zoning administrator or his designee to oversee the enforcement of this article.

Animated sign means any sign with action, motion, changing colors, or having characteristics that require electrical or mechanical energy, including wind-activated elements such as spinners and other aerial devices.

Area of sign face. Only one side of a double-faced sign (with identical sizes and copy) shall be used in computing the allowable face area. For double-faced signs with one side larger than the other, the largest side shall be computed twice to determine the allowable area.

(1)

Ground sign. The area of a ground sign (monument, pole or pylon) face shall mean, and shall be computed as, the entire area within a continuous perimeter, enclosing the limits of all writing, representation, emblem, or any figure or similar character, together with any portion of the frame, other material, open space, or color forming that forms an integral part of the display or is used to differentiate such sign from the background of framework upon which it is placed. The supports or structure upon which any sign is supported shall be included in determining the sign area whenever such supports are designed in such a manner as to form an integral part of the face display; however, provided that the area of the frame shall not be included in computing the area when the frame is composed of stone or brick and provided the frame contains or has attached no copy, words, writing, letters, or advertisement, although one trademark, insignia, coat of arms, or other similar identifying mark may be affixed to the frame, but may not be internally illuminated, and provided that the surface area of the frame that is parallel to the display of the sign is no greater than 100 percent of the area of the sign displayed. A ground sign may include individual letters, numbers, figures, mounted on a surface composed of stone or brick or other permanent structures. Poles of ground signs shall not be included in the allowable area if they do not form an integral part of the display and contain no copy, words, writing, letters, advertisement, trademark, insignia, coat of arms, or other similar identifying mark. Pylon portions of ground signs shall not be included in the allowable area if they do not form an integral part of the display and contain no copy, words, writing, letters, advertisement, trademark, insignia, coat of arms, or other similar identifying mark.

(2)

Wall sign. The area of a wall sign shall mean and shall be computed using the smallest contiguous square, circle, rectangle, triangle, or combination thereof, that would encompass the external limits of the writing, representation, emblem, or other display, together with any material or color forming any integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. When a wall sign is formed by placing individual letters, numbers, or figures on the wall, without a distinguishing background, the area shall be determined by a contiguous perimeter drawn around all letters, numbers, figures, trademark, or other symbols, enclosing the limits of writing. Any letters, numbers, figures, trademarks, or graphics separated by 36 inches or more shall be considered two separate wall signs.

(3)

Three-dimensional sign. The area of a three-dimensional sign shall be determined by a contiguous perimeter drawn around the three-dimensional sign enclosing the limits of the three-dimensional sign; said perimeter to be drawn around the vertical plane through the sign which creates the perimeter with the largest area. For the purposes of computing the sign face area the area of the above described perimeter shall be doubled, which product shall be the allowable face area of the sign for purposes of this sign ordinance.

Awning or canopy sign means a sign imposed or painted upon any rooflike structure that provides either permanent or temporary shelter for adjacent walkways or entrances to a building or property.

Back glow. A neon or other lighted accent on the back of a sign that extends an inch or more from the sign edges.

Banner means a sign with or without characters, letters, illustrations, or ornamentation, applied to cloth, paper, plastic or fabric of any kind with only such material for backing, the same being characteristically hung or displayed on buildings or other structures, or suspended in midair across streets, passageways, and other areas visible to the general public.

Bench sign means any sign attached to or painted upon a bench or other seat placed in the public view and meant to be for public use or viewing.

Building face projection means the facade area of a building, generally parallel to the street, excluding roofs, covered sidewalks, or facade areas which are perpendicular to the street. For applicants located in a planned center, the building face projection shall be that portion of the front facade that the applicant occupies.

Building line means a line established in general, parallel to the front street line, between which line and the street no part of a building shall project. Also called a setback line.

Changeable copy sign means a sign on which panels of copy may be changed manually in the field, or boards or backgrounds upon which changeable letters or changeable panels may be placed. See also electronic changeable copy sign.

City means the City of Jonesboro, Georgia.

City Code means the Code of Ordinances, City of Jonesboro, Georgia.

Code enforcement officer means the designated code enforcement officer the City of Jonesboro, Georgia.

Council means the city council of Jonesboro.

Decision date means the date upon which the administrator makes a final decision to approve or to deny an application for authorization to erect a sign.

Designated agent means an individual who is licensed as a real estate broker or sales agent by the State of Georgia, and who is contracted with the owner(s) of land to sell, lease or manage said land or parts thereof.

District means a zoning district.

Double-faced sign means a sign which has two display areas against each other, where one face is designed to be seen from one direction and the other face from another distinct direction, and where the two display areas are no more than 20 inches apart at any location on the displays.

Electronic changeable copy sign means a sign on which displays of copy may be changed electronically in the field or by remote means.

Electronic menu board means a commercial sign, usually used by a restaurant, which is either mounted to the building, or located near the building alongside a driving lane.

Electronic message center sign (EMC) means a computer programmable sign capable of displaying words, symbols, figures, or picture images that can be altered or rearranged on site or by remote means without altering the face or surface of the sign. Said messages are displayed through the use of LED, LCD, plasma or other similar type panels or screens. If any indoor EMC sign is visible from outside the building or other structure in which it is located, it will be subject to all conditions and standards of this article.

Erect means to build, construct, attach, paint, hang, place, replace, suspend, or affix or fabricate a sign, which shall also include painting of a wall sign (mural), or other graphics.

Exposed neon means neon tubing left uncovered or exposed to view on exterior of structure or a building.

Feather flag means an upright sign, with or without characters, letters, illustrations, or ornamentations applied to cloth, paper, flexible plastic, or fabric of any kind with only such material for backing. Feather flags are generally a single sign attached to a support post. This definition also applies to tear drop flags, windfeather flags, bow flags, and other similar type signs.

Flag means a sign consisting of fabric or similar material attached at one end to a pole or building and hanging freely such that it may flutter or move in the wind.

Flashing sign means a sign, the illumination of which is not kept constant in intensity at all times when in use, and which exhibits sudden or marked changes in lighting effects or intensity.

Frame means the portion of a sign that anchors it to the ground or a structure and supports or encloses the sign face.

Grade means the current elevation of the ground at or around a sign location.

Graffiti means any writing or drawings scribbled, scratched, or sprayed illicitly on a wall or other surface in a public place, without permission by the property owner and unauthorized by the City or other entity.

Ground sign means a permanently affixed sign, which is wholly independent of a building for support. See also monument, pole, and pylon signs.

Hanging sign means a sign suspended downward from a portion of a building or other structure, usually by a chain, rope, or other device.

Height of a ground sign means the vertical distance from the base of the sign at normal grade to the top of the highest component of the sign. Normal grade shall be the predominant grade after construction, exclusive of any filling, berming, mounding or excavating for the purpose of locating or elevating the sign. Base shall be where the sign support meets, or should meet, the normal grade. Signs with a height of greater than six feet are prohibited without an approved variance Any ground sign six feet high or taller shall require certified engineering drawings for the foundation, etc.

Historic district means any of the following zoning districts in the city as categorized in the zoning ordinance: H-1 (historic district); H-2 (historic district); and the historical residential overlay.

Human sign means a sign held by or attached to a human for the purposes of relaying a message to surrounding persons. This can also include a person dressed in costume for the purpose of drawing attention to an individual, business, commodity, service or product.

Illuminated sign, external means a sign illuminated by an external light source not mounted to the sign and directed toward such sign.

Illuminated sign, internal means a sign illuminated by an internal light source.

Logo means a proprietary graphic used as an identifying mark of a company, business, or organization.

Lot means a parcel of land which meets all requirements of the city, including zoning and subdivision requirements, for a legally developable lot for the zoning district in which it is located, meets all of the minimum size, dimension, road frontage and other requirements for a developable lot within its zoning district, and which may be developed or used for purposes consistent with those permitted within its zoning district.

Mansard means a style of roof where each face of which has a steeper lower part and a shallower upper part.

Mayor means the mayor of the City of Jonesboro.

Mobile sign means any sign which is mounted or designed for mounting on wheels, or which is mounted or designed for mounting on a towed vehicle.

Monument sign means a free-standing sign mounted directly upon the ground and not raised by vertical supports. A type of ground sign.

Multiple frontage lots mean lots that have frontage on two or more public streets.

Mural means a type of wall sign that is painted or otherwise attached or adhered image or representation directly on the exterior wall of a building (whether in whole or in part) that is visible from a public right-of-way or neighboring property, which is meant to be decorative in nature and where architectural elements of a given wall are incorporated harmoniously therein.

Neon means a lamp or tube filled with electrically charged gas thereby creating a light source.

Neon accents means neon lighting around windows (inside or outside the window), building facades, rooflines, doors, signs, and other building structures, building projections or designs upon buildings.

Nonresidential zoning district means any of the following zoning districts in the city as categorized in the zoning ordinance: H-1 (historic district); H-2 (historic district); MX (mixed use district); O&I (office and institutional district); C-1 (neighborhood commercial district); C-2 (highway commercial district); M-1 (light industrial district); Tara Boulevard overlay; and assembly overlay. For purposes of this article, lots zoned for mixed residential and commercial use shall be considered to be located in a nonresidential zoning district.

Nonconforming sign means signs, which, on the effective date of the original sign ordinance, which were approved or legally erected under previous sign restrictions, and which became or have become nonconforming with respect to the requirements of the original sign ordinance or this article.

Obscene means the portrayal or description of sexual matters or sexual anatomical features through letters, words, or images.

Outparcel means a lot carved from a planned center which is in compliance with all city requirements and ordinances for a legal standalone lot on which a free-standing building is constructed which building meets all city building line or setback requirements.

Parapet means a low protective wall along the edge of a roof, bridge, or balcony.

Pennant means several small flags connected to a single line. See spectacular signs.

Permanent sign means a sign that is entirely constructed out of durable materials and is fixed in place.

Person means any individual, association, corporation, firm, organization, partnership, trust, or any other entity.

Planned center means a group of two or more retail stores, service establishments, offices, industries, or any other businesses, or combination thereof, consisting of individual buildings or units which are either adjacent to or abutting one another (or in an office park in close proximity to one another), and which are planned to serve the public, and which share common amenities or common area, sidewalks, parking areas or driveways.

Pole sign means a freestanding sign that is supported by one or more vertical, structural elements that are usually architecturally dissimilar to the design and material of the sign face and significantly less than the width of the actual sign face. A type of ground sign.

Primary arterials mean roads designed to provide a high degree of mobility and serve longer vehicle trips to, from, and within urban areas. Arterials form the skeleton of the roadway network, linking urban centers such as the central business district, industrial parks, commercial centers, major residential developments and other key activity centers. Primary arterials are designed to carry between 45,000 and 75,000 trips per day. The city has only one primary arterial and that is Tara Boulevard (U.S. Highway 19/41).

Pylon sign means a freestanding sign that is supported by one or more vertical, structural elements that are usually architecturally similar to the design and material of the actual sign face. A type of ground sign.

Residential zoning district means any of the following zoning districts in the city as categorized in the zoning ordinance: R-2 (single-family residential district); R-4 (single-family residential district); R-C (cluster residential district); R-A (single-family attached residential); and R-M (multifamily residential district).

Roof sign means any sign erected or maintained wholly or partially on or over the roof of a building. This requirement does not include those signs that may be mounted on parapets or mansards, which may extend above the roofline.

Sandwich sign. See A-frame sign.

Shopping center is a planned center, often with multiple, connected storefronts.

Sidewalk sign. See A-frame sign.

Sign means any surface, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, reading matter, material, fabric, device, object, three-dimensional object, or display which bears lettered, numbered, pictorial, or sculptured matter, designed to convey information visually or to draw attention and which is exposed to public view. For the purpose of this article, the term "sign" shall not include those devices located entirely within a building or structure, unless such devices are considered window signs; additionally the term sign shall include all structural members used to erect or mount same, and any company colors, trademarks, service marks, brand names, logos, symbols, or roof shapes, which are generally used by the company in the design of its buildings, and are generally used, or identified, as trade styles or other identifying marks or symbols of the company's business.

For the purposes of this article, the following are not considered signs:

Architectural features. Decorative or architectural features of buildings (not including lettering, trademarks, or moving parts).

Fireworks, candles, and artificial lighting. The legal use of fireworks, candles, and artificial lighting not otherwise regulated by this article or elsewhere in this Code.

Graphic images that are visible only from above, such as those visible only from airplanes or helicopters, but only if not visible from the street surface or public right-of-way (but not including roof signs).

Gravestones and grave markers.

Holiday and cultural observance decorations that are on display for not more than 60 calendar days per year (per parcel or use) and which do not otherwise include messages or are meant as advertisement of same.

Interior signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof.

Manufacturers' marks. Marks on tangible products that identify the maker, seller, provider, or product and which customarily remain attached to the product even after sale.

News racks and newsstands.

Personal appearance. Items or devices of personal apparel, decoration, or appearance, including, but not limited to, tattoos, makeup, wigs, costumes, and masks (but not including human signs).

Shopping carts, golf carts, and horse-drawn carriages with required decals and insignias and not displaying any other messages thereon.

Symbols embedded in architecture. Symbols, when such are permanently integrated into the structure of a building; the definition also includes foundation stones and cornerstones.

Vehicle and vessel insignia. As shown on street-legal vehicles and properly licensed watercraft, including, but not limited to, license plates, license plate frames, and registration insignia.

Vending machines that do not display messages apart from the product(s) being sold.

Sign face means the part of a sign that is or can be used to convey information visually.

Special event means any planned occurrence which does not take place on a daily, weekly, or monthly basis and is designed as a celebration or an irregular occurrence to attract business or raise money.

Examples of a special event include: Grand openings, seasonal sales, liquidations, going-out-of-business sales, vehicle shows/displays, craft shows, rummage sales, bake sales, and festivals.

Spectacular sign means an animated sign, streamer, pennant, balloon and other air or gas filled device, search light, laser, beacon, or other light projecting device, designed to attract attention to a business, event, or structure.

Stake sign means any temporary sign supported by uprights which are placed into the ground, and not supported by or suspended from any building with display area not greater than five square feet. A stake sign may not be more than four feet high to the top of the sign component, when placed and standing in ground. A stake sign may not be placed within the a public right-of-way.

Standard informational sign means any temporary sign containing no reflective elements, flags or attachments that are not rectangular in proportion, supported by braces, stakes, metal frames or uprights not greater than three and one-half inches, placed into the ground, and not supported by or suspended from any building. Standard informational signs shall not include banners, beacons, and streamers.

Streamers mean several small flags connected to a single line. See spectacular signs and pennants.

String lights means electric or solar-powered lights connected and spaced along a wire, string, or cable, which adorn or frame windows, doors, or other external features of a structure, which are installed to call attention to a business, industry, or other organization. A form of spectacular sign. Does not pertain to holiday and cultural observance decorations.

Swinging or projecting sign means a sign projecting perpendicularly more than 12 inches from the outside wall or walls of any building or supports upon which it is located. See also hanging sign.

Temporary sign means any sign constructed of cloth, canvas, vinyl, paper, plywood, fabric, or other lightweight material not well suited to provide a durable substrate or, if made of some other material, is neither permanently installed in the ground nor permanently affixed to a building or structure which is permanently installed in the ground. Temporary signs are not intended or suitable for long-term or permanent display.

Three-dimensional sign means any sign that is solid rather than flat and can be measured in three different directions, usually the height, length, and width (depth).

Trailer sign. See mobile sign.

Unit means a portion of a planned center which by city ordinances and codes may be occupied by a single use or tenant, and which is segregated from other uses or tenants within the planned center by vertical walls (may include doors and windows) and a floor and a ceiling, and which has a separate entrance from other units to the outside.

Vehicle sign means any sign painted, drawn or affixed to or on a vehicle including an automobile, truck, van or trailer.

Wall sign means a sign applied to or mounted to the wall or surface of a building or structure, the display surface of which does not project more than 15 inches from the outside face of the wall of such building or structure and does not extend above the highest horizontal line of the wall. The vertical surface of a canopy is not a wall for purposes of this article.

Window sign means any type of sign located entirely within the interior of a building or structure, and placed near a window or door with window elements, the letters, numbers, pictorial or sculptured matter of which is visible from the exterior of the premises.

(Ord. No. 2019-009, § 1, 3-11-2019; Ord. No. 2022-012, § 1(Exh. A), 5-9-2022; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

The provisions of this article shall be administered by the zoning administrator.

(Ord. No. 2019-009, § 1, 3-11-2019)

The zoning administrator, code enforcement officer, or a city police officer of the city may issue citations for violation of this article. The citation shall be returnable to and tried before the municipal court of the city. Any person violating any provision of this article shall, upon conviction, be fined in an amount, and/or imprisoned for such term, as authorized by the city's Charter and Code. Each day any said violation shall continue shall constitute a separate offense.

(Ord. No. 2019-009, § 1, 3-11-2019)

Except where specifically excluded by a provision in this article, it shall be unlawful for any person to post, display, substantially change, change or modify sign face or face panels, alter, or erect, reconstruct, replace or reset a sign within the limits of the city without first having obtained an authorization to erect a sign and thereafter a permit in the manner prescribed herein.

(Ord. No. 2019-009, § 1, 3-11-2019)

An application for authorization to erect a sign shall be made upon forms provided by the zoning administrator, and shall contain or have attached thereto the following information:

(1)

Name, address, telephone number, and e-mail address of the property owner and/or applicant;

(2)

Address of building, structure, or lot to which or upon which the sign is to be attached or erected;

(3)

Written consent of the property owner, or the property owner's agent, granting permission for the placement of the sign on the property and permission to enter the property to maintain said sign, if different from applicant;

(4)

Position of the sign in relation to nearby buildings or structures, other signs, setbacks from rights-of-way, property lines and easements;

(5)

One accurate scaled drawing of the sign plans, specifications, type of sign, color, and method of construction and attachment to the building or ground for the sign; in addition, for ground signs, a scaled drawing of the site showing driveways, structures, existing and proposed signs and any other limiting site features;

(6)

If available, a copy of the recorded plat of the lot upon which the proposed sign is to be erected;

(7)

Name of person or company erecting the sign;

(8)

Name of any business or other activity at the address where the sign is to be erected;

(9)

Complete calculations establishing the area of the sign; and

(10)

A written description of all other signs located on the lot indicating the sign type, size and placement;

(11)

Zoning of the property upon which the proposed sign will be located and the zoning of adjacent properties to the subject property. Statement whether or not the subject property is in a historic district or an overlay;

(12)

Whether the sign will be located on a property with frontage on a GDOT road. A separate submittal shall be made to GDOT for applicable signs, and final city approval of an application will not be granted without GDOT approval.

(Ord. No. 2019-009, § 1, 3-11-2019)

Fees for an authorization (permit) to erect a sign, whether permanent or temporary, shall be fixed from time to time by the mayor and council on the approved city fee schedule.

(Ord. No. 2019-009, § 1, 3-11-2019)

The zoning administrator shall process an application for authorization to erect a sign with the city's actual receipt of a completed application and all necessary fees as required under section 86-482. The administrator shall give notice to the applicant of the decision of the city by hand delivery, by mailing to the address on the application, by fax to the designated telephone number provided on the application or by e-mail to the address provided, on or before the 45th day after the city's receipt of the completed application and fee. Notice shall be deemed to have been given upon the date of mailing (if mailed), date of faxing (if faxed), date of emailing (if sent online), or date of hand delivery (if hand delivered). If the administrator fails to act within the 45-day period, applicant shall notify the administrator in writing of the failure and the administrator shall issue or deny the authorization sought by the application within ten business days after the notification. If the administrator fails to act upon the application within this ten-business-day period, the authorization to erect the sign shall automatically be granted; however, the applicant must follow the final permit procedures set forth in section 86-484. If a received sign application does not conform to the established schedule of the required design review commission review and possible historic preservation commission review of said application, and thus necessitates review/approval by any applicable commissions beyond the 45-day window subject to the notice and public hearing requirement(s) as set forth in O.C.G.A. § 36-66-4(g), the automatic authorization shall not apply.

(Ord. No. 2019-009, § 1, 3-11-2019; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

(a)

Denial. In the event the zoning administrator determines that the applicant has not properly completed the application for authorization to erect the proposed sign or that the application contains any false material statement, he or she shall promptly notify the applicant of such fact and shall automatically deny the application. In the event the administrator determines that all requirements for approval of the application have not been met, he or she shall deny the application.

(b)

Issuance of an authorization. Upon the filing of an application for authorization to erect a sign that contains all information required under section 86-481 and the payment of all necessary fees as required under section 86-482, the zoning administrator shall forward all applicable plans and specifications submitted to the design review commission and the historic preservation commission. If it shall appear to the administrator that the proposed sign is in compliance with all requirements of this article and all other ordinances and laws of the city, and if a business, that the business has registered and paid any tax due pursuant to the city's occupation tax chapter, the administrator shall recommend approval to the applicable commissions to erect the sign pursuant to the application and any conditions placed upon the authorization by the city. No final permit authorization shall be issued prior to any required approval recommendations from the design review commission and historic preservation commission subject to the notice and public hearing requirement(s) as set forth in O.C.G.A. § 36-66-4(g), and any applicable GDOT approval. If the work authorized by the final permit authorization has not been completed within 180 days after the date of issuance and a final permit has not been requested in writing, the authorization shall become null and void and no final approval may be issued.

(c)

Setback verification. Prior to any ground sign footings being poured or installed, the applicant shall notify the city to come verify that the staked sign position is in compliance with the minimum setback requirements. It is the owner/applicant's responsibility to properly locate or stake the sign on the property. The city only approves the intent and design of the sign.

(d)

Request for final approval. Within ten days after completion of the erection of a sign pursuant to an approved application, and within 180 days of the issuance of an authorization to erect a sign, the applicant shall deliver to the administrator a written request for a final approval inspection along with current and dated color photographs of each face of the sign that the sign was and is erected as described in the application and as conditioned and authorized by the city, including the size, location; building materials, height and the presence of any necessary lighting. Within ten business days of the filing of a request for a final approval inspection, the administrator shall conduct the final inspection. Denial of the final approval will result from the applicant's failure to properly and timely erect the sign as described in the application conditioned and authorized by the city. Notification of a denial shall be effectuated pursuant to section 86-483. Failure of the administrator to approve or deny the request for a final approval within said ten business days of the applicant properly and timely filing with the city a fully and properly documented written final approval request shall constitute final approval.

(e)

Violations and noncompliance. An applicant who fails to complete the erection of a sign within 180 days of the issuance of a permit shall file a 30-day extension (with associated fee) with the city. Failure to fully complete the erection of a sign after the 30-day extension shall be subject to a citation, as per section 86-479. Applicants whose final inspections are denied, shall remove the sign or non-compliant parts of the sign within 30 days of notice from the zoning administrator to remove the sign or non-compliant parts of the sign. Failure to so remove the non-compliant sign shall constitute a separate ordinance violation for each day that the sign or part of the sign is not removed from the proposed site and upon conviction, the applicant and/or owner or tenant of the sign site shall be guilty of an ordinance violation and shall be subject to fines or imprisonment as authorized by the city's Charter and Code. Furthermore, if the sign or all non-compliant parts thereof are not removed within said 30 days, the city may remove the sign and all parts thereof and charge the applicant and/or owner of the site the cost of removal and disposal.

(Ord. No. 2019-009, § 1, 3-11-2019; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

(a)

An applicant who is dissatisfied by a decision of the zoning administrator rendered under section 86-484 or 86-493 may appeal such decision to the mayor and council. Any such appeal shall comply with the procedures set forth in article XI of the 2005 zoning ordinance, and subject to the following:

(1)

The notice of appeal shall be in writing and shall be filed with the administrator on or before the tenth day following the dated notice of the decision of the administrator is given. In the event that no appeal is filed within this ten-day period, the decision of the administrator shall become final. In the event that an appeal is properly filed, the administrator shall transmit to the mayor and council all documents constituting the record upon which the action appealed from was taken.

(2)

The mayor and council shall schedule the matter for hearing at the next available council meeting, and, at such meeting, may continue the matter until the following month's scheduled council meeting for further investigation to determine whether to affirm, reverse, or modify the decision of the administrator. The mayor and council shall make its final determination on the appeal on or before ten days of the close of the hearing and shall notify the appellant in writing.

(3)

The review of the decision by the mayor and council shall be limited to a determination of whether or not the decision of the administrator was clearly erroneous, per an interpretation of the standards of this Code.

(b)

Any appeal of the zoning decision of the mayor and council shall be taken to the superior court of Clayton County by direct appeal. The city clerk shall accept service for any appeal to the superior court relating to a zoning decision during city's regular business hours at the city hall where the offices of the city clerk is housed. Such appeal shall stay all proceedings in furtherance of the action appealed from or challenged, unless mayor and council certify that, by reasonable of the facts stated in the certificate, a stay would cause imminent peril to life or property.

(Ord. No. 2019-009, § 1, 3-11-2019; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

(a)

The mayor and council can authorize upon appeal in a specific case such variance from the terms of this article as will not be contrary to the public interest when, due to special conditions, a literal enforcement of the provisions of this article will, in an individual case, result in extreme and unusual hardship, so the spirit of this article shall be observed, public safety and welfare secured, and substantial justice done. The mere existence of a nonconforming sign shall not constitute a valid reason to grant a variance. A variance shall be granted in an individual case of extreme and unusual hardship not self-imposed only upon a finding by the mayor and council that the following conditions exist:

(1)

There exist extraordinary and exceptional conditions pertaining to the property in question resulting from its size, shape, or topography which are not applicable to other lands or structures in the area;

(2)

A literal interpretation of the provisions of this article would deprive the applicant of rights commonly enjoyed by other similar properties in the city;

(3)

Granting the variance requested will not confer upon the property of the applicant significant privileges which are denied to other similar properties in the city;

(4)

The requested variance will be in harmony with the purpose and intent of this article and will not be injurious to the neighborhood or to the general welfare;

(5)

The variance is not a request to permit a type of sign which otherwise is not permitted in the zoning districts involved;

(6)

The cause for the need for the variance is not created by the applicant, the owner, lessor, or successor in ownership or occupancy;

(7)

Signs may be displaced upon the vertical surface of a canopy only by a variance, upon the applicant reducing the number or square footage of ground signs or wall signs authorized by this article for the lot in question, so as to reasonably set-off for the additional signs.

(b)

All requests for such variances shall be upon forms provided by the zoning administrator, and scheduled for review by the mayor and council at its next regular meeting. Sign variances shall follow the same process outlined in article XI of the Zoning Code.

(c)

No change may be made in the location, shape, color, height, size, copy or text of any sign subject to a variance unless the sign is brought into compliance with the provisions of this article and a sign permit is granted.

(d)

A change in the owner, lessor, lessee, or user of property served by a sign subject to a variance shall negate the variance, and the sign shall be removed or brought into compliance with the provisions of this article and a new sign permit granted.

(e)

A sign subject to a variance may not be reconstructed, replaced or reset if it is removed for any reason.

(f)

When a sign under a variance has been razed or damaged by any cause, naturally occurring or otherwise, the sign shall not be re-established:

(1)

If the value of the sign as damaged is 50 percent or less of the value of the sign prior to the damage;

(2)

If the estimated cost of repairing the above ground portion of the sign is more than the value of the sign in its damaged condition; or

(3)

Value shall be established by the zoning administrator and shall be based upon the value of the sign's materials above ground with no allowance for the intrinsic value of the sign or the value of the right to have a sign at that location.

(Ord. No. 2019-009, § 1, 3-11-2019)

The following signs are prohibited in all zoning districts of the city:

(1)

Air and gas filled devices, including "air dancers" and helium inflatables;

(2)

Awning and canopy signs, except as authorized in section 86-495;

(3)

Banners, except as authorized in section 86-494;

(4)

Bench signs;

(5)

Flashing signs, including string lights adorning or framing windows, doors, and other exterior features of structures on a property;

(6)

Mobile signs or trailer signs;

(7)

Roof signs, but not parapets or the steep portion of mansards utilized for sign displays;

(8)

A-frame signs, except as authorized in section 86-495;

(9)

Signs on a public right-of-way or on city property;

(10)

Signs that due to color, shape, size, height, lighting, location, and/or position appear to be in imitation of or may be confused by motorists or pedestrians for an official traffic control device or signal;

(11)

Signs that due to color, shape, lighting, etc. appear to be in imitation of or may be confused by motorists or pedestrians for an official emergency warning device or signal;

(12)

Signs that impede the view of an official traffic control device or signal;

(13)

Signs which emit or utilize in any manner any sound capable of being detected on any public right-of-way by an individual with normal hearing;

(14)

Signs affixed to utility poles, trees, street markers, and fence posts or placed on any curb, sidewalk, fence, hydrant, bridge or other surface located on public property or over or across any public street;

(15)

Signs that contain exposed neon or neon accents, including "back glows;"

(16)

Signs that are erected, located or maintained in such a manner as to interfere with safe and free ingress or egress of any door, any window, an emergency exit, or any fire escape;

(17)

Spectacular signs, including pennants, streamers, and including string lights adorning or framing windows, doors, and other exterior features of structures on a property;

(18)

Swinging or projecting signs, except as authorized in sections 86-489(c) and 86-495;

(19)

Hanging or suspended signs, except as authorized in sections 86-489(c) and 86-495;

(20)

Signs which obstruct sight of motorists or pedestrians so as to create safety hazards for motorists or pedestrians and which do not meet applicable GDOT sight standards;

(21)

Vehicle signs with a total sign area in excess of ten square feet per vehicle, and in excess of six square feet per side, and:

a.

On a vehicle that is parked on a nonresidential lot, and the vehicle is not being used for the purpose of providing transportation for the owner, employees, inventory, merchandise, supplies, or materials concerning a business operated on that lot; and

b.

On a vehicle that is a "junk" or inoperable vehicle parked on a lot, but still being used for advertising purposes.

(22)

Human signs;

(23)

Feather flags and the like;

(24)

Signs displaying any statement, word, character or illustration of an obscene nature.

(Ord. No. 2019-009, § 1, 3-11-2019; Ord. No. 2022-012, § 2(Exh. B), 5-9-2022)

The following signs are allowed and exempt from the authorization and permit provisions in this article but, notwithstanding, must comply with all other applicable requirements in this article, the 2005 zoning ordinance, and this Code:

(1)

Except as limited by section 86-495, window signs so long as they do not exceed 25 percent of the total window area exposed to view to the public.

(2)

Non-seasonal flags. In non-residential zoning districts, each lot that is less than five acres in area shall be allowed a maximum of three non-seasonal flags and each lot that is greater than five acres in area shall be allowed a maximum of six non-seasonal flags. In residential zoning districts, each lot shall be allowed a maximum of three non-seasonal flags. Seasonal flags for recognized holiday and cultural observance decorations (such as a Memorial Day observation) shall be on display for not more than a time period a week before and until a week after a recognized public holiday or observance. They shall not be located in any public rights-of-way.

(3)

Each lot is entitled to one sign that is less than 36 square inches in area and that must be placed in any of the following areas:

a.

On the front of every building, every unit in a multiple unit building, residence, or structure;

b.

On each side of an authorized United States Postal Service mailbox; or

c.

On one post which measures no more than 48 inches in height and four inches in width and shall not be placed in a public right-of-way.

(4)

Temporary signs that meet the following criteria:

a.

For each lot during the period that it is being developed under an active building permit issued by the city, one sign that is no more than 12 square feet in area, is no more than six feet in height to the top of the sign component when placed and standing in ground and is not placed within a public right-of-way.

b.

For each lot in a residential zoning district, one temporary sign that is no more than five square feet in area, is no more than four feet in height to the top of the sign component when placed and standing in ground and is not placed within a public right-of-way.

c.

For each lot of less than five acres in a non-residential zoning district, one temporary sign that is no more than five square feet in area, is no more than four feet in height to the top of the sign component when placed and standing in ground and is not placed within a public right-of-way. For each lot of more than five acres in a non-residential zoning district, two temporary signs, each sign shall be no more than five square feet in area, no more than four feet in height to the top of the sign component when placed and standing in ground, and not placed within a public right-of-way.

d.

For each lot during the period in which it is listed "for sale" or "for rent", one temporary sign that is no more than 12 square feet in area, is no more than six feet in height to the top of the sign component when placed and standing in ground and is not placed within a public right-of-way.

e.

For each lot, additional temporary signs that, collectively, have a total area of no more than 32 square feet, do not exceed four signs in number at any one time, are not placed within a public right-of-way, and are removed within 90 days after being erected.

f.

Standard informational signs. No more than three standard informational signs at a time per lot and not exceeding three square feet, supported by braces or uprights placed into the ground. For each period that starts 45 days immediately preceding a federal, state, county, or city election or referendum, including primary elections, special elections, and runoff elections, and that ends five days after said election or referendum, there shall be no limit to the number of standard information signs per lot. Standard informational signs may not be located in any public rights-of-way or easements, unless specifically authorized by the city.

g.

Mass transit graphics. Graphic images mounted on trains or duly licensed mass transit vehicles that legally pass through the city.

Any sign erected under this section shall not be calculated as part of the overall signage allowed per lot by any other provision of this article. Temporary signs erected or left within a public right-of-way or easement are subject to confiscation and disposal by the city.

(Ord. No. 2019-009, § 1, 3-11-2019)

(a)

Messages. Any sign allowed under this article may contain any message, except those displaying any statement, word, character or illustration of an obscene nature.

(b)

Nonresidential zoning districts. In nonresidential zoning districts signs shall be permitted in the following combination of wall and ground signs subject to the provisions hereinafter stated:

(1)

Lot with one building, which building is currently occupied pursuant to a current and valid certificate of occupancy issued by the city.

a.

Combination of one wall sign and one ground sign, subject to the respective size limitations in section 86-490. In addition to section 86-490, each wall sign shall not exceed seven and one-half percent of the exterior building facade, without an approved variance.

b.

Single building on multiple frontage lots are allowed a total of ten percent of the exterior building facade for wall signs, and may have one additional wall sign, and one additional ground sign (subject to the size limitations in section 86-490). When calculating their allowed square footage, buildings on multiple frontage lots shall base their calculations on the facade with the primary entrance and/or architectural features of the building. Otherwise, the facade used shall be that facade which faces the public road of the greatest capacity. The classification of streets in the thoroughfare plan shall be the basis for determining street capacity.

(2)

Lots of less than three acres in nonresidential zoning districts shall be entitled to applicable temporary signs, as per sections 86-488 and 86-494.

(3)

Drive-thru restaurants and any other commercial building utilizing an electronic menu board (whether as a wall sign or ground sign) shall not have said menu board counted towards the maximum number of signs allowed per lot, as long as the menu board is located in the side or rear yard of the building.

(c)

Planned centers.

(1)

A planned center, not located along Tara Boulevard, shall be entitled to one monument sign on each street right-of-way fronted. These permitted signs shall be limited to sign face areas of 45 square feet each with a maximum frame height of six feet from grade. No portion of the sign shall include an area for changeable letters. Subsection 86-495(3)(k) shall govern the standards of monument signs in the historic district.

(2)

A planned center, not located along Tara Boulevard shall also be entitled to one ground sign per entrance. Each such ground sign may have multiple face panels, the number of which shall not exceed the number of businesses or organizations located within the planned center. The size and number of face panels shall not exceed the total allowable sign face area for a ground sign. No portion of the sign or any face panel shall include an area for changeable letters, either manual or electronic.

(3)

Each building or unit with a separate entrance, not accessible by other tenants, located in a planned center (not along Tara Boulevard) shall be permitted one wall sign with a maximum area of seven and one-half percent of the main building facade which it is mounted upon (see the definition of "building facade"), but not to exceed 150 square feet, whichever is less. Additional wall signs per section 86-490(b) are not allowed for multiple facade frontages. If two or more tenants, as in the case of an office building, share an entrance to a building, wall signs on the exterior of the building are not permitted. As an example: a building constructed as a shopping center will be allowed wall signs. A building constructed as an office building will not be allowed wall signs.

(4)

No ground sign permits shall be issued for buildings or units in a planned center unless they are consistent in design, proportion, and material to the building(s).

(5)

Hanging or suspended signs. Hanging, suspended, or projecting signs are permitted in planned centers/connected storefronts and shall clear sidewalks by seven feet in height, and project or drop no more than 36 inches from the building. Hanging or suspended signs should project or drop from a wall or roof at a 90-degree angle. Hanging or suspending signs over driveways, alleys, or parking areas is prohibited. Hanging, suspended, or projecting signs shall be limited to a maximum size of six square feet, and if double sided, shall be calculated as only one sign. One hanging, suspended, or projecting sign per building business street frontage is permitted, and shall be calculated as part of the total wall sign area allowed under this section.

(d)

Other allowable signs.

(1)

Changeable copy, manual or electronic, shall be limited to ground signs, unless expressly allowed or prohibited by another provision in this article.

(2)

Notwithstanding any other provision of this article, no sign, whether permitted as a regulated sign or an exempt sign, shall be permitted within 100 feet of the intersection of any state highway with any other state highway or major thoroughfare without the prior approval of the mayor and council. In considering such application, the mayor and council shall approve such a location only upon a determination that the proposed sign will not potentially obstruct the view of motorists or pedestrians so as to prevent their safety in traversing the intersection. The sign application shall be forwarded to the Georgia Department of Transportation for review and approval of relative to required heights restrictions and sight triangles.

(3)

Subdivisions shall be permitted one double-sided ground sign, each side of which shall not exceed 35 square feet of sign face area, or two one-sided signs, each sign not to exceed 35 square feet of sign face area. The height of the sign shall not exceed six feet. Each sign shall be placed on private property and may not be placed within ten feet of a public right-of-way.

(4)

Subdivision homeowner associations may have one 25 square feet changeable copy or glass covered ground sign located adjacent to the entrance to the subdivision's intersection with the public right-of-way and located within the common area owned by the homeowner's association but not interfering with sidewalks or streets, and the sign face directed toward motorist and pedestrians who have entered the subdivision. These signs may not be placed on individual lots. The homeowner association sign shall be the responsibility of the elected officials of the homeowner's association. Subdivisions without elected homeowner association officers must have a designated individual responsible for the sign.

(5)

An apartment complex, a condominium complex, a non-subdivided industrial or commercial complex, or any other building with multiple residential dwelling units or multiple commercial units shall be permitted one double-sided ground sign at its entrance. Each side of such ground sign shall not exceed 35 square feet sign face area, and the height of the sign shall not exceed six feet.

(6)

In nonresidential zoning districts, each lot that is less than five acres in area shall be allowed a maximum of three non-seasonal flags and each lot that is greater than five acres in area shall be allowed a maximum of six non-seasonal flags. In residential zoning districts, each lot shall be allowed a maximum of three non-seasonal flags.

(7)

The owner or the owner's designated agent (but not both at the same time) of a subdivision under development in which the owner of the subdivision owns one or more subdivision lots may obtain a permit, effective for up to one year, to display within the subdivision under development one temporary double-sided ground sign with no more than 16 square feet of sign face per side. A planned center with one out-parcel is not a subdivision for purpose of this subsection. The sign may not be placed within ten feet of a right-of-way.

(8)

In nonresidential zoning districts within the Tara Boulevard overlay district, as defined in section 86-109 of the 2005 zoning ordinance, the following shall apply:

a.

A lot with one building facing a primary arterial, which building is currently occupied pursuant to a current and valid certificate of occupancy issued by the city, shall be permitted one double-sided ground sign to be located within a minimum of ten feet from but a maximum of 100 feet from the right-of-way of the primary arterial, each side of which shall not exceed 150 square feet sign face area. The height of the sign shall not exceed 20 feet.

b.

A planned center, facing a primary arterial, which building is currently occupied pursuant to a current and valid certificate of occupancy issued by the city, shall be permitted one double-sided ground sign to be located within a minimum of ten feet from but a maximum of 100 feet of the right-of-way of the primary arterial, each side of which shall not exceed 250 square feet signage area. The height of the sign shall not exceed 20 feet.

(9)

Replacement of existing panels in an approved existing sign framework are allowed with an approved permit, as long as the panel opening is completely covered by replacement panels on all sides and the replacement panels do not exceed the size of the existing framework. The replacement panels shall be of identical or superior material to the former panels and shall otherwise conform to all other applicable standards of this article. These replacement panels shall not be reviewed by the design review commission or historic preservation commission.

(Ord. No. 2019-009, § 1, 3-11-2019; Ord. No. 2020-16, § 1, 8-10-2020; Ord. No. 2022-012, § 3(Exh. C), 5-9-2022)

(a)

Ground signs, which are permanent, shall be permitted in nonresidential zoning districts. No ground sign shall have a height greater than six feet above normal grade, or a sign face area greater than 35 square feet (each side) for lots with a single building and 45 square feet (each side) for planned centers. Ground sign setbacks shall be as follows:

(1)

No portion of a ground sign shall be located within ten feet of a street right-of-way on a corner lot (public and private streets), or within ten feet of any major structure or building.

(2)

On non-corner lots, no portion of a ground sign shall be located within three feet of a street right-of-way, or closer than one foot from the closest edge of a nearby sidewalk, whichever distance into the property is greater, or within ten feet of any major structure or building.

(3)

No portion of a ground sign shall be located within two feet of the back of curb of any vehicular parking aisles.

(4)

For proposed ground signs along Tara Boulevard and other arterial city streets, the setbacks of subsection 86-489(d)(8) shall apply.

Regardless of the right-of-way, no new ground sign shall obscure the view of an existing sign from the street right-of-way, or conflict with any other existing appurtenances on the subject property. Changeable copy shall not exceed 33 percent of the area of the sign face. Ground signs are allowed only on lots upon which there is a building which is currently occupied pursuant to a current and valid certificate of occupancy issued by the city or which is currently being developed under an active building permit issued by the city.

(b)

Wall signs shall be permitted in nonresidential zoning districts. Permitted area of wall signs shall not exceed 150 square feet. No single building or unit shall be permitted more than one wall sign except for multiple frontage lots as provided in section 86-489(b)(l). Wall signs are allowed only upon a building which is currently occupied pursuant to a current and valid certificate of occupancy issued by the city or which is currently being developed under an active building permit issued by the city.

(c)

Electronic message center signs are permitted freestanding signs in a nonresidential zoning district subject to the following:

(1)

A maximum of one electronic message center sign is allowed per authorized lot;

(2)

An electronic message center sign shall not exceed 33 percent of the total sign face area of the freestanding sign on which the electronic message center sign is located;

(3)

Each message (electronic changeable copy) displayed on an electronic message center sign shall remain static for at least five seconds following the completion of its transition, whether by flashing on and off or scrolling, from the previous message to a new message. As used in this subsection, "static" shall mean display that is fixed in one position with no portion of the display flashing or changing in color or intensity for less than five seconds. An exception will be made to this restriction for electronic, real-time displays of time and temperature. For scrolling letters and words, there shall be a minimum five-second, no-display interval between the last letter or word of one message exiting the screen and the first letter or word of the next message entering the screen. A scrolling message shall not exceed one sentence per each message.

(4)

Electronic message center signs shall have automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night so as to comply with the provisions stated in subsections 86-493(j) and (k); and

(5)

No display of flashing or moving graphics or animation, other than letters and words, shall be allowed;

(6)

Electronic message center signs are only permitted in the following zoning districts where the primary frontage and address is on a collector or arterial street:

C-1 neighborhood commercial district.

C-2 highway commercial district.

O&I office and institutional district.

MX mixed use district.

M-1 light industrial district.

(d)

Murals are a type of wall sign that is painted or otherwise attached or adhered image or representation on the exterior of a building. Since murals typically cover an entire exterior wall of a building, they shall be exempt from the size and coverage restrictions of other wall signs, provided that they conform to the following restrictions. Otherwise, they shall be treated as a typical wall sign.

(1)

The mural shall remain in place, without alteration, a minimum of five years after installation. The applicant shall attest to this standard on the permit application.

(2)

No part of any mural shall extend beyond the building wall or freestanding wall on which it is tiled, painted, or affixed.

(3)

No part of the mural shall extend more than six inches from the plane of the wall upon which it is tiled, painted, or affixed, i.e. a frame.

(4)

Only oil-based alkyd enamel or polyurethane enamel, or newer 100 percent acrylic exterior paints shall be used to create murals.

(5)

Murals executed using spray paint shall be limited to air brushing to ensure that high quality paint is used.

(6)

An appropriate clear sealer or a suitable varnish or topcoat shall be applied to the finished mural. Graffiti resistant sealers should be chosen.

(7)

No mural shall contain any element that moves, rotates, or otherwise creates a changing image or message.

(8)

No mural shall use flashing or scrolling lights, an internal light source, or other similar type of light feature. External lights shining on the mural from above or below are allowed.

(9)

No mural shall contain electrical or mechanical components.

(10)

No mural shall be applied to a surface as a vinyl or other non-permanent material.

(11)

Murals shall apply for a sign permit and shall be subject to pre-approval by the design review commission. Permit fees for murals shall be as set forth in the city fee schedule.

(e)

Replacement of existing panels in an approved existing sign framework are allowed with an approved permit, as long as the panel opening is completely covered by replacement panels on all sides and the replacement panels do not exceed the size of the existing framework. The replacement panels shall be of identical or superior material to the former panels and shall otherwise conform to all other applicable standards of this article. These replacement panels shall not be reviewed by the design review commission or historic preservation commission.

(Ord. No. 2019-009, § 1, 3-11-2019; Ord. No. 2020-16, § 1, 8-10-2020; Ord. No. 2022-012, § 4(Exh. D), 5-9-2022; Ord. No. 2022-019, § 1, 8-8-2022)

Non-conforming signs may continue in existence subject to the following restrictions:

(1)

No change may be made in the location, shape, height, size, or design of any nonconforming sign, or replacement of or change in the face or message panel of a nonconforming sign except to bring the sign into compliance with the provisions of this article, and a sign permit granted.

(2)

A nonconforming sign may not be reconstructed, replaced, or reset if the owner or agent for the owner for any reason removes it.

(3)

Any sign erected in violation of this article may be removed from any public right-of-way by duly authorized employees of the city, and the responsible party may be cited for such violation.

(4)

No additional sign shall be erected on the same lot with an existing nonconforming sign until the nonconforming sign has been removed or brought into conformity with this article.

(5)

No sign permit may be granted to any applicant, where there exists on the subject lot a nonconforming sign, as defined in this article, an illegal sign, an unpermitted sign, an abandoned sign, a damaged or dilapidated sign, a sign in need of repair or painting, or a sign in violation of section 86-492.

(6)

A nonconforming sign may not be replaced by another nonconforming sign except where changed conditions beyond the control of the owner render the sign nonconforming or warrant the sign's repair.

(7)

A nonconforming sign may not be expanded or altered in any manner that increases the degree of nonconformity.

(Ord. No. 2019-009, § 1, 3-11-2019)

(a)

In the case of a permanent sign which is deemed to be abandoned or has become dilapidated, or any sign which, due to poor maintenance or neglect, has become a visual blight, or by its condition and state of repair is deemed to be dangerous, and any sign which has been erected in a manner which fails to meet the requirements of this article as a legal or a recognized nonconforming sign, the zoning administrator or code enforcement officer shall cause notice of the same to be mailed certified to the owner of the sign if the same may be determined or to the owner of the property upon which said sign be located of the impending action pertaining to said sign. Owners shall be given 30 days from the date of receipt of such notice to take appropriate remedial action, in the form of either proper removal of a sign, restoration of a sign to proper condition (if the sign is still relevant to the property upon which it is located), or proper relocation of a sign to the property upon which it would be relevant. The owner shall notify the city of his or her plan of action for addressing the subject sign upon receipt of the notice.

(b)

All above-ground portions of an abandoned, dilapidated, or blighted sign slated to be removed shall be fully absent from the property within the 30-day period. Below-ground portions of signs slated to be removed, such as footings, etc., shall either be removed from the property or completely covered with properly-compacted earth, aggregate, or impervious material such as poured asphalt or concrete. Any holes created from the removal or alteration of a sign shall be filled-in and compacted level to adjacent grade.

(c)

If the owner fails to properly remove, restore, or relocate the structure so as to comply with the standards herein set forth within 30 days after receipt of such notice, then the owner shall be subject to the penalties set forth in section 86-479.

(Ord. No. 2019-009, § 1, 3-11-2019)

(a)

No sign shall be constructed in such a manner which will hinder vehicle traffic or pedestrians or block any entrances or exists from any sidewalk or building or any windows, doors, fire escapes. Each sign shall be securely erected and free of any protruding nails, tacks and wire.

(b)

No sign shall be constructed with any type material, finished letters, characters or surface that will reflect sunlight or any other type of light of such an intensity to hinder vehicle traffic or in any way create a nuisance to the surrounding area.

(c)

A sign containing wood in its structure, face or frame or any part thereof shall be painted or stained.

(d)

Where allowed, acrylic sign faces shall be pan-face acrylic, not flat-face. Flat-face aluminum shall also be prohibited.

(e)

Sandblasted signage is prohibited.

(f)

Permanent signs shall not contain cardboard or chloroplast materials.

(g)

No wall sign or its supports shall protrude more than 15 inches from the wall on which it is mounted.

(h)

All signs shall be constructed in such a manner and fastened in such a way to prevent movement by wind action, using proper gauge material and proper fasteners.

(i)

No wood, metal or any other type of supports for ground signs shall be less than four by four inches in size for each support or less than three inches in diameter if circular.

(j)

Wood signs shall be framed on the two sides attached to the supports, except for hanging and projecting signs allowed in the historic district. Supports can be considered framing if the sign is so designed with supports as part of framing on both sign face areas.

(k)

For lighted signs, UL certification is required.

(1)

All signs shall be constructed and maintained in accordance with the provisions of the building code as adopted and from time to time amended by the city.

(m)

The illumination of internally illuminated signs shall not exceed 20-foot candles of incandescent light measured at a distance of ten feet from such structure.

(n)

Externally illuminated signs shall be lighted so as to shine on the sign itself, and that no lights are positioned in such a manner that light glares or shines into the eyes of motorists or pedestrians or on residences as to create a hazardous or dangerous condition.

(o)

No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends or top of the wall to which it is attached.

(p)

All signs erected under section 86-494 shall be securely installed, and shall meet all applicable safety standards as prescribed by the city's current building code or electrical code.

(q)

All ground signs and monument signs shall be placed on private property and may not be placed within ten feet of a right-of-way.

(r)

All lots, buildings, structures or property owned or operated by the city shall be exempt from all requirements of this article.

(s)

Except for ground signs described in section 86-489(c)(4), all signs must be placed upon a lot, as defined in the 2005 zoning ordinance and the subdivision regulations. No sign may be placed on any lot that does not meet the minimum lot requirements of the 2005 zoning ordinance and the subdivision regulations.

(t)

No message may be displayed on any portion of the structural supports of any sign.

(u)

All signs regulated by this article shall be kept clean, neatly painted, and free from all electrical and mechanical hazards, including, but not limited to, faulty wiring and loose connections, and the premises surrounding the signs shall be maintained by the owner in a sanitary and inoffensive condition, free and clear of all weeds, rubbish, and debris.

(v)

No sign shall be illuminated either internally or externally, in any residential zoning district except that a ground sign located at the entrance of a subdivision, an apartment complex, a condominium complex, or other building with multiple dwelling units may be externally illuminated from dusk until dawn.

(w)

Any ground sign six feet high or taller shall require certified engineering drawings for the foundation, etc.

(Ord. No. 2019-009, § 1, 3-11-2019)

Additional signs (temporary signs or banners) are authorized for any lot in a non-residential zoning district during the period that a special event occurs on that lot but only under the following conditions and subject to the following requirements:

(1)

Prior to the special event and the erection and placement of any sign under this section, an application for a permit shall be filed with the administrator. The application shall specifically describe all signs as to their construction and/or composition.

(2)

Any sign erected under this section sign shall meet the definition in this article of a temporary sign or a banner.

(3)

The maximum size allowance for all signs erected under this section shall not exceed 32 square feet.

(4)

Any sign erected under this section may be attached to the exterior wall or walls of a building or beneath a canopy or attached to the ground.

(5)

Any sign erected under this section shall not be placed within ten feet of a public right-of-way or in any other way as to obstruct the view of motorists or pedestrians.

(6)

A lot shall be eligible for additional signs under this section for a maximum of two special events per year.

(7)

A permit issued under this section shall be valid for 30 consecutive days, starting from the date of issuance.

(8)

Banners shall be of a sufficient gauge material and shall be properly fastened and secured to a structure so as not to create excessive or unnecessary movement in the wind.

(Ord. No. 2019-009, § 1, 3-11-2019)

The purpose of this section is to ensure that signage in the historic district is harmonious in proportion, form, color, and materials to the character of said district. Visual relatedness is crucial to the goal of an integrated historic district, and signs play a key role in helping to preserve the historical district's sense of time and place, and to achieve the desired effect of charm and compatibility. No sign shall be erected, altered, restored or moved within the historic district until an application for a certificate of appropriateness as to exterior architectural features and signage has been reviewed and approved by the historic preservation commission and the design review commission subject to the notice and public hearing requirement(s) as set forth in O.C.G.A. § 36-66-4(g). All proposed changes requiring a certificate of appropriateness shall comply with the applicable design standards in the 2005 zoning ordinance.

(1)

Applicability. This section shall apply only to those structures and uses within the geographical boundaries of the historic districts, the H-1 and H-2 zoning districts, and nonresidential properties within the historic residential overlay.

(2)

Compatibility. As to signs, buildings, structures, and uses within the historic districts, when a provision of this section conflicts with any section in the balance of this article, the provision of this section shall control. Otherwise, to the extent reasonably possible, the provisions of this section shall be interpreted consistent with the provisions of the balance of this article.

(3)

Signage standards.

a.

General. Signage shall complement the architectural details of the building and shall not violate or otherwise obscure the architecture of the building to which it is attached. Signs, lettering, or boxed graphics shall not cut across columns, cornices, windowsills, arches or balconies, nor extend above the roofline (except for parapets and mansards) of any building to which it is attached.

b.

Lettering, size, and content. Letters can be painted or mounted directly on a signboard, storefront, wall or window, if in proportion to the storefront. Lots in the H-1 and H-2 historic districts are allowed the same amount of signage as lots outside of the H-1 and H-2 historic districts. In the H-1 and H-2 historic districts, canopy signs and hanging or suspended signs may be utilized. Provided, however, in no case may the total signage area exceed ten percent of the building face to which the sign is attached. Acceptable lettering materials include wood, stone, synthetic stone, metal, and acrylic. The overall design of all signage shall be compatible with the turn-of-the-century theme of the historic district.

c.

Materials. Signs may be constructed of concrete, brick, wood, stone, metal, glass, or synthetic materials that have the same appearance of the aforementioned natural materials due to their finish. All materials shall be compatible with the building's architecture and should be colorfast and resistant to corrosion. Signs shall be professionally finished in accordance with the material selected, whether by sanding, painting, staining and/or sealing, with the edges of the sign framed out and/or sealed.

d.

Lighting. All signs in the historic district, whether ground signs or wall signs, shall only be illuminated by an external light source, and through craftsmanship and materials, shall reflect the design aesthetics of the historic district.

e.

Colors. The historic preservation commission and the design review commission shall consider the context of the surrounding area when reviewing the color of a proposed sign in the historic districts; however, the colors and logos of nationally and regionally recognized businesses shall not be prohibited.

f.

Awning and canopy signs. Awnings or canopies over doors, entrances, windows or outside service areas are permitted in the H-1 historic district. Professionally applied forms, graphics, symbols, lettering, or other visual presentation may be incorporated into the awning or canopy valance/drop flap but are restricted to 20 percent of the awning field. Size of the signage shall be computed as for a wall sign. Signage pursuant to this subsection shall be included within the overall amount of signage allowed under section 86-489. Awnings or canopies shall clear sidewalks by seven feet in height, and project no more than six feet from the building. Canvas or synthetic look-alike canvas are the only materials permitted for awnings and canopies. Metal or vinyl may be approved for awnings or canopies if the overall design is consistent with the H-1 historic district's turn-of-the-century theme. Awnings or canopies may not be backlit. Metal awnings and canopies are preferred.

g.

Hanging or suspended signs. Hanging, suspended, or projecting signs are permitted and shall clear sidewalks by seven feet in height, and project or drop no more than 36 inches from the building. Hanging or suspended signs should project or drop from a wall or roof at a 90-degree angle. Hanging or suspending signs over driveways, alleys, or parking areas is prohibited. Hanging, suspended, or projecting signs shall be limited to a maximum size of six square feet, and if double sided, shall be calculated as only one sign. One hanging, suspended, or projecting sign per business is permitted, and shall be calculated as part of the total signage area allowed under section 86-489. Attractive hardware for hanging is encouraged.

h.

Window signs. Interior window signs shall not exceed 25 percent of the total window area exposed to public view. Window signs shall not be included within the overall amount of signage allowed under section 86-489.

i.

Special events. Additional signage is permitted in the historic district under section 86-494, provided that all such additional signage conforms to the aesthetic standards of the historic district.

j.

Ground signs. Ground signs may hang or suspend from a horizontal support that is affixed to the ground by vertical post.

k.

[Monument ground signs.] Monument ground signs, mounted directly upon the ground and not raised by vertical supports, may be allowed in the H-1 and H-2 zoning districts, and nonresidential properties within the historic residential overlay, conforming to the following standards:

1.

Shall not have a total height greater than four feet above normal grade.

2.

Shall not have a total width greater than eight feet (edge of frame to edge of frame).

3.

Shall have a brick or stone base and similar vertical supports. Sign face panel shall be composed of painted wood or high-quality metal.

4.

Shall be illuminated on sides facing streets with external lighting.

5.

Shall be provided appropriate-sized landscaping (shrubs, flowers) around the base.

6.

May be located five feet away from the right-of-way line, provided that the sign does not block the view of vehicles leaving the property.

7.

On non-corner lots, may be located three feet away from the right-of-way line, or no closer than one foot from the closest edge of a nearby sidewalk, whichever distance into the property is greater, or within ten feet of any major structure or building. On corner lots, the same minimum setback of section 86-490 shall apply.

l.

A-frame signs. A-frame or "sandwich" signs are allowed at the rate of one per business or parcel. A-frame signs shall not obstruct pedestrian or vehicular routes.

(4)

Any lot in the H-1 and H-2 historic districts that is used as residential property shall comply with the residential provisions of this article. Any lot in the H-1 historic district or the H-2 historic district for which a business license is maintained shall comply with the nonresidential provisions of this article and obtain approval of the historic preservation commission before the display of any sign subject to the notice and public hearing requirement(s) as set forth in O.C.G.A. § 36-66-4(g).

(Ord. No. 2019-009, § 1, 3-11-2019; Ord. No. 2022-012, § 5(Exh. E), 5-9-2022; Ord. No. 2022-019, § 2, 8-8-2022; Ord. No. 2023-006, § 1(Exh. A), 7-10-2023)

(a)

It is hereby declared to be the intention of the mayor and council that all parts, sections, subsections, paragraphs, sentences, clauses, phrases, terms, or words of this article, were upon their enactment, believed by the mayor and council to be fully valid, enforceable, and constitutional.

(b)

It is hereby declared to be the intention of the mayor and council that, to the greatest extent allowed by law, each and every part, section, subsection, paragraph, sentence, clause, phrase, term, or word of this article is severable from every other part, section, subsection, paragraph, sentence, clause, phrase, term, or word of this article. It is hereby further declared to be the intention of the mayor and council that, to the greatest extent allowed by law, no part, section, subsection, paragraph, sentence, clause, phrase, term, or word in this article is mutually dependent upon any other part, section, subsection, paragraph, sentence, clause, phrase, term or word in this article.

(Ord. No. 2019-009, § 1, 3-11-2019)

It is the intention of this article to regulate signage. Where additional ordinances regulate signs in the Code, such other regulations shall be harmonized herewith. If such provisions are in conflict with this article, the provisions of this article shall be deemed to prevail. Specifically, all other references to signage found in the 2005 zoning ordinance shall be considered superseded by section 86-475 et seq. as provided herein.

(Ord. No. 2019-009, § 1, 3-11-2019)