SIGNS
The ordinance from which this attachment derives shall hereafter be known and cited as the "Sign Ordinance."
The purpose of the sign ordinance of the City of Lovejoy, Georgia, is to recognize that although signs and advertising are proper and necessary uses of private property and constitute a legitimate business entitled to the protection of the law, these signs and advertising should be reasonably regulated in the interest of aesthetics, public safety and welfare by the establishment of standards for the location, size, illumination, number, construction and maintenance of all signs and advertising structure in the City of Lovejoy, Georgia.
(a)
Construction. The provisions of all other applicable city, county, state and federal laws shall apply. This attachment shall not be construed to create a right to maintain a sign in violation of any other law or in violation of the property or other rights of any person or entity. In the event that any provision of this attachment regulates the same activity, conduct or any aspect of signage that is also regulated by state or federal law, then the provision most restrictive of signage shall govern. In the event that any provision of this attachment is in genuine conflict with any state or federal law or requirement, the conflict shall be resolved in accordance with law.
(b)
Applicability. Unless specifically excluded herein, this attachment shall govern any sign erected, maintained or located in the City of Lovejoy, Georgia, that is placed for exterior observance from any vehicular public right of-way. This attachment shall not regulate the specific contents of signs.
(c)
Severability. The provisions, sections, paragraphs, sentences, clauses, phrases and terms of this attachment are severable. In the event that any portion or any specific application of this attachment is held to be invalid, such invalidity shall not affect the other portions or other applications of this attachment.
(a)
For the purposes of this attachment, certain words are hereby defined. Words used in the present tense shall include the future, the singular shall include the plural, the plural the singular, and the term "shall" is mandatory and not directory. The term "person" includes a firm, corporation, association, trust or partnership. The term "city" shall mean the City of Lovejoy, Georgia.
(b)
Unless otherwise indicated, the following words and terms shall have the meaning ascribed herein:
Animated sign means a sign with action, motion, changing colors, flashing lights or moving characters. Such signs may require electrical energy, but shall also include wind-actuated devices including, but not limited to, flags, spinners, banners, aerial devices, inflatable objects and other attention-getting devices. This definition does not include rotating signs or signs which include only time and/or temperature.
Area of sign means the area within a continuous perimeter enclosing the limits of writing, representations, emblems or any figures or similar characters, together with any frame or other material or color forming an integral part of the display or used to differentiate this sign from the background against which it is placed, excluding the necessary supports or uprights on which this sign is placed; provided, however, that any open space contained within the outer limits of the display face of a sign, or between any component, panel, strip or fixture of any kind composing the display face, shall be included in the computation of the area of the sign whether this open space be enclosed or not by a frame or border. For projecting or double-faced signs, only one display face shall be measured in computing sign area when the sign faces are parallel, or where the interior angle formed by the faces is 60 degrees or less, provided that it is a common attached structure. If the two faces of a double-faced sign are of unequal area, the area of the sign shall be taken as the area of the larger faced.
Awning and canopy signs means a sign imposed or painted upon any roof-like structure that provides either permanent or temporary shelter for adjacent walkways or entrances to a building or property.
Billboard means a sign larger than 50 square feet in area that is required to be permitted by the Georgia Department of Transportation.
Buildable area of lot means that area of a lot within the building setback lines as set by the City of Lovejoy zoning ordinance within which structures may be erected.
Bulletin board means a sign which [is] capable of being changed readily to, for example, announce the upcoming events of the organization.
Construction sign means a temporary sign erected and maintained during construction on a project for which a building or grading permit has been issued.
Freestanding sign means a sign permanently attached to the ground which is wholly independent of any building or other structure, such as monument or stanchion signs.
Instructional sign means a sign less than four square feet in area used to convey any message, such as, but not limited to, "Enter," "Exit," "No Parking," "Drive Through," "Rest Room" and so forth.
Monument sign means a freestanding sign mounted directly upon the ground.
Nonconforming sign means any lawfully erected sign which, on the effective date of the ordinance from which this chapter derives, fails to comply with the requirements of this chapter.
Permanent sign means a sign determined to meet the structural and construction requirements for signs according to the city building codes as determined by the director of the department of community development.
Planned center-office, commercial or industrial, means a group of three or more retail stores, service establishments, offices, industries or any other businesses planned to serve the public, which is in common ownership or condominium ownership.
Portable sign means a non-permanent sign as determined by the director of the department of community development according to the city building code. This definition shall include, but is not limited to, mobile signs, trailer signs, and devices mounted upon parked vehicles in such a manner as to serve the purpose of a sign.
Projecting sign means a sign projecting more than 12 inches from the outside wall or walls of any building or supports upon which it is located.
Real estate directional sign means an off-premises sign that conveys directions to a specific real estate property for sale or lease, such as a real estate development, residential subdivision, apartment or condominium project, home for sale, apartment for rent, or any other real estate property for sale or lease.
Real estate sign means a sign allowed on a specific real estate property for sale or lease, such as a real estate development, residential subdivision, apartment or condominium project, home for sale, apartment for rent, or any other real estate property for sale or lease.
Roof sign means any sign or graphic erected or maintained on a building, any portion of which extends above the lowest horizontal line of any roof.
Rotating sign means a sign which is designed to revolve by means of electrical power.
Sign means any name, identification, flag, insignia, graphic, description, illustration or device, including the brace or mounts or other means used to erect and stabilize the same, which is affixed to or represented directly or indirectly upon a building, structure or land in view of public.
Signature sign means a freestanding sign mounted directly upon the ground on a property used for hotels, offices, and/or retail shops.
Stanchion sign means a freestanding sign mounted on one or more structural supports set in the ground and of sufficient strength and size to support the advertisement portion of such structure which rests upon or is supported by such supports.
Temporary sign means a non-permanent sign as determined by the director of the department of permits and licenses according to the city building code.
Wall sign means a sign fastened, placed or painted upon or parallel to the exterior wall of the structure itself, whether front, rear or side of the structure.
(Ord. No. 2023-03, §§ 5—19, 5-15-2023)
Except where specifically excluded by other provisions of this amendment, a permit shall be required to post, display, substantially change, alter or erect a sign in the city.
(Ord. No. 2023-03, § 20, 5-15-2023)
Unless specifically excluded herein, all signs shall comply with the following provisions:
(a)
Setback and visibility triangle.
(1)
No part of any sign shall be located in or within ten feet of a public right-of way.
(2)
When a setback greater than ten feet is specified elsewhere in this amendment, the larger requirement shall be complied with.
(3)
No sign structure or any part of the sign shall be placed within the sight distance triangle formed by joining points measured 20 feet along the property line from the intersection of two streets, and in any case shall not be allowed if a location in any way inhibits a reasonable sight distance.
(b)
Regulations and restrictions applying to certain types of signs.
(1)
Awning and canopy signs. Awning and canopy signs shall be no less than eight feet above the ground when erected over pedestrian walkways and 17 feet above areas of vehicle service access at the lowest extremity of the sign. Such signs shall be otherwise regulated as, provided for wall signs.
(2)
Freestanding signs. Freestanding signs may either be monument type (ground level signs not exceeding six feet in height) or stanchion signs (mounted on structural supports). Such signs shall be securely affixed to a substantial support structure which is permanently attached to the ground and wholly independent of building support. In the case of monument signs, the primary structural material shall compliment the primary building material so as to achieve similarities and consistency of building materials on the site.
(3)
Signature sign.
a.
Such signs shall be mounted directly upon the ground with internal structural support of sufficient strength to carry the stresses and weight imposed upon such structures by wind and other external forces. All such internal structural supports must be hidden from view. Such signature sign shall be landscaped at their base in a manner that presents a pleasing appearance to those passing on adjacent roadways and must be aesthetically commensurate with surroundings. Such signs may be lighted from within or without to accentuate or enhance appearances.
b.
Such signs may be of any innovative or decorative shape, such as triangular, curved, ovate, square, round or rectangular, but must conform to height and area requirements.
c.
The size of such signs shall not exceed 25 feet in height nor six feet in width at the widest and/or tallest points above the grade level of the adjacent street, or a grand total per face of 50 square feet.
d.
Such signs may have two faces for a grand total square footage of 100. One sign is allowed per entrance.
e.
All lettering, engraving, carvings, printing, numerals, symbols or other markings purveying any message, advertisement or idea shall be no more than three feet in height and shall be constrained by the 40-square-foot requirement mentioned elsewhere in this subsection (subsection (b)(3)d of this section).
(4)
Wall or projecting signs. Wall and projecting signs shall be securely fastened to the building surface. These signs may project from the building a maximum of three feet, provided that if they project more than 12 inches from the building surface, they shall be no less than eight feet above the level of the ground or pavement when erected over pedestrian walkways and no less than 17 feet when erected above areas of vehicle access.
(c)
Height requirements.
(1)
The height of all signs shall be measured from the ground level along the edge of pavement to the highest point of a sign or sign structure.
(2)
When the ground level is lower than the level of the adjoining street pavement, then an on-premises sign maybe raised so as to be no more than 25 feet above the level of the pavement and an off-premises sign may be raised as to be no more than 40 feet above the level of the pavement. The level of the ground shall not be altered in such a way to provide additional sign height.
(3)
Unless otherwise provided herein, the height of all freestanding signs at their highest point above the level of the ground shall not exceed 25 feet.
(4)
The height of all awning and canopy signs at their highest point above ground level shall be as, provided by the standards of the applicable zoning district for building heights in that district.
(5)
Monument signs or other ground mounted signs shall not exceed six feet in height, with the exception of signature or logo identifiers.
(6)
Projecting signs shall not extend beyond the eave or roof line of the building to which it is attached.
(7)
Signature signs shall not exceed 25 feet in height.
(8)
Signs for planned centers—office, commercial or industrial—shall not exceed 35 feet in height.
(9)
In agricultural and residential districts, a freestanding sign shall not exceed four feet in height.
(d)
Lighting requirements.
(1)
The light from an illuminated sign shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and/or roadways.
(2)
No illuminated signs shall be constructed or maintained within 200 feet of any single-family dwelling.
(3)
Signs with flashing, intermittent or animated illumination or effect are prohibited.
(4)
No sign shall be erected that simulates an official traffic-control or warning signal or public service sign.
(5)
No series, lines or rows of electric lights shall be allowed unless covered by a translucent material.
(e)
Construction and maintenance. In addition to a sign permit, a building permit may be required for structural or electrical purposes. All signs for which a building permit is required shall be constructed and maintained in conformance with city building and electrical codes. These signs, together with their supports, braces, guys and anchors, shall be kept in good repair and, unless constructed of galvanized or non-corroding metal, shall be given a protective coating as necessary to maintain a clean appearance and safe condition.
(f)
Special requirements.
(1)
No sign shall obstruct any fire escape, any means of egress or ventilation or shall prevent free passage from one part of a roof to any other part thereof, nor shall any sign be attached in any form, shape or manner to a fire escape.
(2)
No sign shall interfere with road or highway visibility or obstruct or otherwise interfere with the safe and orderly movement of traffic.
(3)
No sign shall be erected, painted or drawn on any tree, rock or other natural feature.
(4)
No sign shall be located on any building, fence or other property belonging to another person without the consent of the owner.
(5)
No sign shall contain statements, words or pictures of an obscene nature which violates Georgia law.
(6)
A rotating sign shall rotate at a rate of no more than ten revolutions per minute.
(7)
No sign shall be erected or maintained unless it is structurally safe, clean and in good repair.
(8)
No sign shall emit or utilize in any manner any sound capable of being detected on any traveled road or highway by a person with normal hearing.
(9)
No sign or sign structure of any kind shall be permitted to extend into or above or be anchored or placed in any portion of a public right-of-way (except official governmental signs).
(10)
If a new zoning district is created after the enactment of this amendment, signs shall be permitted therein as if it were located in the most restrictive similar zoning class (residential, commercial, or industrial) until this ordinance is amended to include that district.
(11)
If a nonconforming sign must be removed due to a city or state road improvement project, the city council may authorize the relocation of such signs even though the new location may not meet the setback, siting and/or spacing or other provisions of this amendment.
(Ord. No. 2023-03, § 21, 5-15-2023)
In addition to the general regulations and restrictions applying to all sign classifications, signs shall comply as follows:
(a)
Agricultural and residential districts.
(1)
One wall or freestanding sign is permitted per entrance into a real estate development or project. These signs shall not exceed a maximum area of 60 square feet and a maximum height of eight feet.
(2)
One wall or freestanding sign, but not both, per single-family lot is allowed. Such sign shall not exceed a maximum of two square feet and shall only identify home occupant and address, and/or a home occupation when permitted.
(3)
One wall sign per building in an RM district is allowed and such sign shall not exceed a maximum size of four square feet.
(b)
Commercial, industrial and office districts. Signs are permitted in all commercial and industrial zoning districts on an individual lot as follows:
(1)
One freestanding stanchion sign or monument sign, but not both (for one or two businesses per building). A stanchion sign shall be limited to two square feet per linear foot of lot frontage. If the lot or parcel upon which the sign is located is less than three acres, the maximum sign area shall be 150 square feet. If the lot or parcel upon which the sign is located is three acres or greater, the maximum sign area shall be 200 square feet. A monument sign shall be limited to a maximum sign area of 60 square feet.
(2)
One wall sign or one projecting sign, but not both, per wall which faces a street frontage. Wall signs shall be limited to two square feet per linear foot of the wall on which the sign is erected and such signs shall not exceed a maximum of 200 square feet. Projecting signs shall be attached to the vertical surface of the building and shall not extend beyond the eave or roof line of the building to which it is attached. Projecting signs shall be permitted a maximum area of 18 square feet.
(3)
A planned center (three or more businesses) is permitted to identify the center or businesses, provided therein with one freestanding sign of not more than two square feet per linear foot of lot frontage, not to exceed a maximum of 300 square feet. Individual businesses within the planned center shall not be permitted an individual freestanding sign or instructional signs but are allowed one wall sign limited to two square feet per linear foot of wall space which the business occupies, up to a maximum sign area of 200 square feet.
(Ord. No. 2023-03, § 22, 5-15-2023)
In addition to the general regulations and restrictions applying to all sign classifications, billboards shall comply with the following:
(a)
Zoning districts where allowed.
(1)
Billboards are permitted on properties that are adjacent to a state or federal highway in CB, GB, LI and HI zoning districts.
(2)
In addition, billboards are permitted on properties adjacent to all other streets in GB, LI and HI zoning districts, provided the property abutting this street is zoned GB, LI or HI for at least 1,000 continuous feet along both sides of this street or 1,750 continuous feet along one side of this street.
(3)
No billboard shall be allowed in a planned center regardless of the zoning district.
(b)
Location and spacing.
(1)
No billboard may be located within 500 feet in any direction of a public park, public playground, public recreation area, public forest, scenic area, or cemetery.
(2)
No billboard may be located within 300 feet of a residence, church or school when measured along the right-of-way of the street on which the sign is located.
(3)
No billboard may be located within 100 feet of a residence, church or school in any direction.
(4)
No billboard may be located within 1,250 feet of another billboard on the same side of the street as measured along the right of-way of the street or streets on which these signs are located, and, provided that no billboard may be located closer than 300 feet to another billboard in any direction.
(5)
Billboards may be erected only in the buildable area of the lot.
(6)
No trees may be cut or trimmed in locating, erecting or maintaining these billboards.
(c)
Size. No billboards shall exceed 672 square feet, inclusive of any border and trim but excluding the base, apron, supports and other structural members.
(d)
Miscellaneous.
(1)
No billboards shall contain more than two faces, not to exceed 672 square feet collectively, visible from the same direction on the main-traveled street or road.
(2)
When the sign faces of a billboard are parallel, or where the interior angle formed by the faces is 60 degrees or less, and are attached to a common structure, only one face shall be measured in computing the area of the sign.
(3)
No billboard shall be attached to a wall, building or rooftop.
(4)
No billboard shall be permitted which overhangs any part of a building.
(5)
Up to ten billboards shall be allowed in the city.
(Ord. No. 2023-03, § 23, 5-15-2023)
In addition to the general regulations and restrictions applying to all classifications, temporary signs shall be erected and maintained in compliance with the following:
(a)
Temporary signs are allowed only under the following conditions and requirements:
(1)
An application for permit shall be filed with the zoning administrator.
(2)
The maximum size allowance for these devices and signs shall not exceed 100 square feet.
(3)
The maximum number of temporary sign permits to be issued to a single location or parcel shall be two per year for a period of time not to exceed 20 calendar days for each permit.
(4)
Temporary signs shall only be allowed in the following zoning districts: RM, OI, NB, CB, GB, LI, HI and PUD.
(Ord. No. 2023-03, § 24, 5-15-2023)
The following advertising signs are prohibited in all zoning districts of the city:
(a)
Animated signs, except as temporary signs.
(b)
Banners, flags, streamers, inflatable objects, aerial devices and other attention getting devices, except as temporary signs.
(c)
Portable signs, mobile signs and trailer signs, except as temporary signs.
(d)
Signs with flashing, intermittent or animated illumination or effect.
(e)
Signs which produce noise or any sound capable of being heard.
(f)
Signs which omit visible smoke, vapor, particles or odors.
(g)
Signs placed in parking spaces which are required to meet the minimum parking requirements or within the interior driveway of a commercial development.
(h)
Roof signs.
(i)
Signs that have been abandoned.
(j)
Signs which are dilapidated or in such condition as to create a hazard, nuisance or to be unsafe or fail to comply with any provision of the building code of the city.
(k)
Signs on a public right-of-way, except such signs as are exempt under other provisions of this ordinance.
(l)
Signs or lights which contain or are an imitation of an official traffic-control sign, signal or emergency vehicle device.
(m)
Signs affixed to utility poles, street markers and fence posts.
(n)
Signs that advertise or promote illegal activities or signs which contain obscenity as prohibited by Georgia law.
(o)
Signs that are erected, located or maintained in such a manner as to interfere with safe and free ingress and egress of any door or emergency exit.
(Ord. No. 2023-03, § 25, 5-15-2023)
No sign permit shall be required for any of the following signs to be displayed in any zoning classification; provided, however, that all other applicable regulations shall apply to such signs and that no such sign in a residential zoning classification shall be illuminated:
(a)
Real estate signs.
(1)
One real estate sign per single-family residential lot not exceeding six square feet is permitted, but shall be removed within five days of the consummation of an agreement for the sale, rental or lease of the property.
(2)
Real estate signs shall be allowed on other than single-family lots not to exceed 50 square feet and shall be limited to two such signs per project or one such sign per entrance. These signs shall be limited to use for a period not to exceed one year.
(b)
Construction sign.
(1)
For construction on or development of a lot, one construction sign shall be allowed per contractor of not more than 16 square feet in area each, or one sign per development not exceeding 50 square feet in all other districts.
(2)
Such signs shall be allowed only during the construction period, except that signs located at subdivision developments shall be removed when 60 percent of all lots are occupied by completed homes or within four years, whichever comes first.
(c)
Bulletin boards for non-profit institutions.
(1)
Bulletin boards shall not exceed 32 square feet in area.
(2)
Bulletin boards shall be located on the same property as the institution.
(d)
Official signs. Signs of a governmental body, governmental agency or public authority, including, but not limited to, traffic signs, signals or regulatory devices or warnings, public notices, official instruments, and other signs required by law.
(e)
Instructional signs.
(1)
Instructional signs shall not exceed three feet in height nor two square feet in area.
(2)
No such sign shall be located in or within one foot of a public right-of-way line.
(f)
Flags. Flags of up to 20 square feet in area and up to 25 feet in height shall be allowed but no more than two flags are allowed per parcel.
(g)
Miscellaneous. All signs of less than eight square feet in area.
(Ord. No. 2023-03, § 26, 5-15-2023)
(a)
Appeal and variance procedure established. Except as provided in the subsections listed below, all appeals and variances from the provisions of this ordinance maybe applied for and decided upon according to the procedure established under article XIII of this appendix, appeals and variances of this appendix.
(b)
Administrative variance. The zoning administrator may grant an administrative variance of up to five percent of the face area requirements for signs. Such variances may only be granted for extensions or cutouts to the proposed sign.
(c)
Comprehensive sign plans. The comprehensive sign plan variance procedure is intended to encourage a flexible procedure to allow signage which is not in strict compliance with the provisions of the district regulations under this sign ordinance, but which is appropriate to the character of the development,, provides a good visual environment, promotes traffic safety and is regulated to the extent necessary to be consistent with the purpose and intent of this sign ordinance.
(1)
The zoning administrator may issue a variance to allow a sign permit for comprehensive sign plans in residential subdivisions, office parks with a total area in excess of 50,000 square feet, commercial centers with a total area in excess of 100,000 square feet, industrial centers, hospitals and PUDs. All outparcels associated with a development will be included when considering a comprehensive sign plan. The variance may contain such conditions, requirements or standards that may be stipulated by the zoning administrator to ensure that signs covered by the variance will not be detrimental to persons or property in the vicinity or to the public welfare in general.
(2)
Comprehensive sign plans approved under this subsection shall be evaluated based upon factors developed by the zoning administrator relating to the following criteria:
a.
Placement. All signs shall be placed where they are sufficiently visible and readable for their function. A variance may allow a setback to be reduced to zero feet.
b.
Quantity. The number of signs that may be approved shall be no greater than that required to provide identification for the development and the business within.
c.
Size. All signs shall be no larger than necessary for visibility and legibility. In no case shall a sign within a sign plan exceed the maximum standard contained in the underlying zoning district by more than 25 percent in sign area nor by more than 100 percent in sign height.
d.
Materials. Sign materials shall be compatible with architectural and/or natural features of the project.
e.
Illumination. Illumination shall be in conformance with section 6(d), Lighting requirement, of this attachment.
(3)
In the event that a new road is to be or has been dedicated to serve a project or development requesting a comprehensive sign plan variance, the zoning administrator, traffic engineer and/or director of transportation and development may authorize a signature sign adjoining the public right-of-way of the road or within a landscaped area within the public right-of-way, provided that a satisfactory maintenance/removal agreement is executed between the developer and the city. Said agreement shall set the type of structure to be allowed, address maintenance responsibility, and give the city authority to remove said structure under reasonable circumstances. In no case shall any such signature sign be allowed in or within a public right-of-way for a major collector, principal arterial or freeway.
(4)
Requests for variances for comprehensive sign plans shall be accompanied by an application, including, but not limited to:
a.
Applicant's name and address;
b.
Existing zoning on the property;
c.
Site plan, depicting the proposed plan of development;
d.
Description and/or illustration of proposed sign locations; and
e.
Standards for size, quantities, materials and illumination.
(5)
Variances approved under this subsection shall require the applicant to follow the established procedure in obtaining a sign and/or building permit.
(Ord. No. 2023-03, § 27, 5-15-2023)
(a)
In all zoning districts, signs which become nonconforming based on this amendment or any prior version of the city's sign ordinance may be continued under the following circumstances:
(1)
Temporary signs and portable signs shall be brought into compliance or removed within 90 days from the adoption date of this amendment.
(2)
In all zoning districts, signs which were illegally erected or maintained with respect to prior ordinances or resolutions; signs located within a public right-of-way; by the owner within 90 days from the effective date of this appendix. Upon failure to comply with this requirement, the city may cause the removal of such signs at the expense of the owner. Signs that create a potential hazard are to be removed immediately.
(3)
A nonconforming sign shall not be expanded, relocated or replaced by another nonconforming sign, except that the substitution or interchange of poster panels shall be permitted until full compliance is required.
(4)
Minor repairs and maintenance of nonconforming signs, such as repainting or electrical repairs, maybe permitted. However, no structural repairs or changes in the size or shape of this sign shall be permitted except to make the sign comply with the requirements of this appendix.
(b)
Billboards which, on the effective date of the ordinance from which this appendix is derived, were legally erected and maintained under previous ordinances, or which become nonconforming with respect to the requirements of this chapter, may continue in existence so long as the size of the sign is not increased beyond that existing as of the effective date of this chapter or any change thereto is made in conformance with this amendment.
(Ord. No. 2023-03, § 28, 5-15-2023)
(a)
Administration and enforcement.
(1)
This amendment is to be generally administered and enforced by the zoning administrator, the director of permits and licensing, their representatives or designees, and the City of Lovejoy law enforcement personnel.
(2)
The zoning administrator, or his representative, may inspect at any time each sign regulated by the provisions herein. The zoning administrator is empowered to revoke any permit issued upon failure of the sign owner or lessee to comply with the provisions of this appendix.
(3)
Violations of this chapter shall be considered as a violation of the zoning ordinance and be subject to such penalties and enforcement actions as, provided therein.
(b)
Permits.
(1)
Except as otherwise provided in this amendment, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the city or cause the same to be done without first obtaining a sign permit and/or a building permit for each such sign from the city if a permit is required hereunder. This shall not be construed to require any permit for a change of copy of any sign, substitution of poster panels, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way.
(2)
A sign for which a permit has not been secured shall be removed within ten days' notice from the city at the expense of the sign owner or property owner.
(3)
Applications for sign permits shall be upon forms, provided by the City of Lovejoy zoning administrator's office and shall contain the following:
a.
Name, address, telephone number of applicant, sign erector and property owner.
b.
Site plan showing location of structures upon the property on which the sign is to be located and the location of the sign in relation to such structures, property lines and road right-of- way.
c.
Plans, specifications and structural details showing the type and manner of construction, attachment to buildings or inground erection. A single submission may be made for standardized signs.
(4)
Permit fees and application forms and all supporting documentation shall be filed with the city and the city shall complete review of the application within 30 days, notifying the applicant of its decision. If approved, the city shall issue a sign permit to the applicant. If denied, the applicant may reapply, correcting deficiencies in the original application or file notice of appeal under the procedure outlined in article XIII of this appendix, appeals and variances, of the zoning ordinance of the city.
(c)
Permit fees. The zoning administrator and director of permits and licenses shall assess, on behalf of the city council, and collect fees for sign permits pursuant to this chapter based on the fee schedule adopted by the city council by separate action.
(d)
Penalties.
(1)
Any person violating any of the provisions of this appendix shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined no more than $1,000.00 or imprisoned no more than 30 days, or both as the facts of the case may justify. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder.
(2)
Any sign which is abandoned shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which the sign may be found. The zoning administrator is hereby authorized to cause removal of such sign and any expense incident thereto shall be paid by the owner of the sign or the owner of the property on which the sign is located.
(Ord. No. 2023-03, § 29, 5-15-2023)
Fees shall be collected by the planning and zoning office for all sign permits in the amount established by the city and amendable by resolution.
Fees shall be collected by the city for all building permits for signs in the amount established by the city and amendable by resolution.
Fees shall be collected by the city for all sign permit variances and shall be as established by the city and amendable by resolution.
SIGNS
The ordinance from which this attachment derives shall hereafter be known and cited as the "Sign Ordinance."
The purpose of the sign ordinance of the City of Lovejoy, Georgia, is to recognize that although signs and advertising are proper and necessary uses of private property and constitute a legitimate business entitled to the protection of the law, these signs and advertising should be reasonably regulated in the interest of aesthetics, public safety and welfare by the establishment of standards for the location, size, illumination, number, construction and maintenance of all signs and advertising structure in the City of Lovejoy, Georgia.
(a)
Construction. The provisions of all other applicable city, county, state and federal laws shall apply. This attachment shall not be construed to create a right to maintain a sign in violation of any other law or in violation of the property or other rights of any person or entity. In the event that any provision of this attachment regulates the same activity, conduct or any aspect of signage that is also regulated by state or federal law, then the provision most restrictive of signage shall govern. In the event that any provision of this attachment is in genuine conflict with any state or federal law or requirement, the conflict shall be resolved in accordance with law.
(b)
Applicability. Unless specifically excluded herein, this attachment shall govern any sign erected, maintained or located in the City of Lovejoy, Georgia, that is placed for exterior observance from any vehicular public right of-way. This attachment shall not regulate the specific contents of signs.
(c)
Severability. The provisions, sections, paragraphs, sentences, clauses, phrases and terms of this attachment are severable. In the event that any portion or any specific application of this attachment is held to be invalid, such invalidity shall not affect the other portions or other applications of this attachment.
(a)
For the purposes of this attachment, certain words are hereby defined. Words used in the present tense shall include the future, the singular shall include the plural, the plural the singular, and the term "shall" is mandatory and not directory. The term "person" includes a firm, corporation, association, trust or partnership. The term "city" shall mean the City of Lovejoy, Georgia.
(b)
Unless otherwise indicated, the following words and terms shall have the meaning ascribed herein:
Animated sign means a sign with action, motion, changing colors, flashing lights or moving characters. Such signs may require electrical energy, but shall also include wind-actuated devices including, but not limited to, flags, spinners, banners, aerial devices, inflatable objects and other attention-getting devices. This definition does not include rotating signs or signs which include only time and/or temperature.
Area of sign means the area within a continuous perimeter enclosing the limits of writing, representations, emblems or any figures or similar characters, together with any frame or other material or color forming an integral part of the display or used to differentiate this sign from the background against which it is placed, excluding the necessary supports or uprights on which this sign is placed; provided, however, that any open space contained within the outer limits of the display face of a sign, or between any component, panel, strip or fixture of any kind composing the display face, shall be included in the computation of the area of the sign whether this open space be enclosed or not by a frame or border. For projecting or double-faced signs, only one display face shall be measured in computing sign area when the sign faces are parallel, or where the interior angle formed by the faces is 60 degrees or less, provided that it is a common attached structure. If the two faces of a double-faced sign are of unequal area, the area of the sign shall be taken as the area of the larger faced.
Awning and canopy signs means a sign imposed or painted upon any roof-like structure that provides either permanent or temporary shelter for adjacent walkways or entrances to a building or property.
Billboard means a sign larger than 50 square feet in area that is required to be permitted by the Georgia Department of Transportation.
Buildable area of lot means that area of a lot within the building setback lines as set by the City of Lovejoy zoning ordinance within which structures may be erected.
Bulletin board means a sign which [is] capable of being changed readily to, for example, announce the upcoming events of the organization.
Construction sign means a temporary sign erected and maintained during construction on a project for which a building or grading permit has been issued.
Freestanding sign means a sign permanently attached to the ground which is wholly independent of any building or other structure, such as monument or stanchion signs.
Instructional sign means a sign less than four square feet in area used to convey any message, such as, but not limited to, "Enter," "Exit," "No Parking," "Drive Through," "Rest Room" and so forth.
Monument sign means a freestanding sign mounted directly upon the ground.
Nonconforming sign means any lawfully erected sign which, on the effective date of the ordinance from which this chapter derives, fails to comply with the requirements of this chapter.
Permanent sign means a sign determined to meet the structural and construction requirements for signs according to the city building codes as determined by the director of the department of community development.
Planned center-office, commercial or industrial, means a group of three or more retail stores, service establishments, offices, industries or any other businesses planned to serve the public, which is in common ownership or condominium ownership.
Portable sign means a non-permanent sign as determined by the director of the department of community development according to the city building code. This definition shall include, but is not limited to, mobile signs, trailer signs, and devices mounted upon parked vehicles in such a manner as to serve the purpose of a sign.
Projecting sign means a sign projecting more than 12 inches from the outside wall or walls of any building or supports upon which it is located.
Real estate directional sign means an off-premises sign that conveys directions to a specific real estate property for sale or lease, such as a real estate development, residential subdivision, apartment or condominium project, home for sale, apartment for rent, or any other real estate property for sale or lease.
Real estate sign means a sign allowed on a specific real estate property for sale or lease, such as a real estate development, residential subdivision, apartment or condominium project, home for sale, apartment for rent, or any other real estate property for sale or lease.
Roof sign means any sign or graphic erected or maintained on a building, any portion of which extends above the lowest horizontal line of any roof.
Rotating sign means a sign which is designed to revolve by means of electrical power.
Sign means any name, identification, flag, insignia, graphic, description, illustration or device, including the brace or mounts or other means used to erect and stabilize the same, which is affixed to or represented directly or indirectly upon a building, structure or land in view of public.
Signature sign means a freestanding sign mounted directly upon the ground on a property used for hotels, offices, and/or retail shops.
Stanchion sign means a freestanding sign mounted on one or more structural supports set in the ground and of sufficient strength and size to support the advertisement portion of such structure which rests upon or is supported by such supports.
Temporary sign means a non-permanent sign as determined by the director of the department of permits and licenses according to the city building code.
Wall sign means a sign fastened, placed or painted upon or parallel to the exterior wall of the structure itself, whether front, rear or side of the structure.
(Ord. No. 2023-03, §§ 5—19, 5-15-2023)
Except where specifically excluded by other provisions of this amendment, a permit shall be required to post, display, substantially change, alter or erect a sign in the city.
(Ord. No. 2023-03, § 20, 5-15-2023)
Unless specifically excluded herein, all signs shall comply with the following provisions:
(a)
Setback and visibility triangle.
(1)
No part of any sign shall be located in or within ten feet of a public right-of way.
(2)
When a setback greater than ten feet is specified elsewhere in this amendment, the larger requirement shall be complied with.
(3)
No sign structure or any part of the sign shall be placed within the sight distance triangle formed by joining points measured 20 feet along the property line from the intersection of two streets, and in any case shall not be allowed if a location in any way inhibits a reasonable sight distance.
(b)
Regulations and restrictions applying to certain types of signs.
(1)
Awning and canopy signs. Awning and canopy signs shall be no less than eight feet above the ground when erected over pedestrian walkways and 17 feet above areas of vehicle service access at the lowest extremity of the sign. Such signs shall be otherwise regulated as, provided for wall signs.
(2)
Freestanding signs. Freestanding signs may either be monument type (ground level signs not exceeding six feet in height) or stanchion signs (mounted on structural supports). Such signs shall be securely affixed to a substantial support structure which is permanently attached to the ground and wholly independent of building support. In the case of monument signs, the primary structural material shall compliment the primary building material so as to achieve similarities and consistency of building materials on the site.
(3)
Signature sign.
a.
Such signs shall be mounted directly upon the ground with internal structural support of sufficient strength to carry the stresses and weight imposed upon such structures by wind and other external forces. All such internal structural supports must be hidden from view. Such signature sign shall be landscaped at their base in a manner that presents a pleasing appearance to those passing on adjacent roadways and must be aesthetically commensurate with surroundings. Such signs may be lighted from within or without to accentuate or enhance appearances.
b.
Such signs may be of any innovative or decorative shape, such as triangular, curved, ovate, square, round or rectangular, but must conform to height and area requirements.
c.
The size of such signs shall not exceed 25 feet in height nor six feet in width at the widest and/or tallest points above the grade level of the adjacent street, or a grand total per face of 50 square feet.
d.
Such signs may have two faces for a grand total square footage of 100. One sign is allowed per entrance.
e.
All lettering, engraving, carvings, printing, numerals, symbols or other markings purveying any message, advertisement or idea shall be no more than three feet in height and shall be constrained by the 40-square-foot requirement mentioned elsewhere in this subsection (subsection (b)(3)d of this section).
(4)
Wall or projecting signs. Wall and projecting signs shall be securely fastened to the building surface. These signs may project from the building a maximum of three feet, provided that if they project more than 12 inches from the building surface, they shall be no less than eight feet above the level of the ground or pavement when erected over pedestrian walkways and no less than 17 feet when erected above areas of vehicle access.
(c)
Height requirements.
(1)
The height of all signs shall be measured from the ground level along the edge of pavement to the highest point of a sign or sign structure.
(2)
When the ground level is lower than the level of the adjoining street pavement, then an on-premises sign maybe raised so as to be no more than 25 feet above the level of the pavement and an off-premises sign may be raised as to be no more than 40 feet above the level of the pavement. The level of the ground shall not be altered in such a way to provide additional sign height.
(3)
Unless otherwise provided herein, the height of all freestanding signs at their highest point above the level of the ground shall not exceed 25 feet.
(4)
The height of all awning and canopy signs at their highest point above ground level shall be as, provided by the standards of the applicable zoning district for building heights in that district.
(5)
Monument signs or other ground mounted signs shall not exceed six feet in height, with the exception of signature or logo identifiers.
(6)
Projecting signs shall not extend beyond the eave or roof line of the building to which it is attached.
(7)
Signature signs shall not exceed 25 feet in height.
(8)
Signs for planned centers—office, commercial or industrial—shall not exceed 35 feet in height.
(9)
In agricultural and residential districts, a freestanding sign shall not exceed four feet in height.
(d)
Lighting requirements.
(1)
The light from an illuminated sign shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and/or roadways.
(2)
No illuminated signs shall be constructed or maintained within 200 feet of any single-family dwelling.
(3)
Signs with flashing, intermittent or animated illumination or effect are prohibited.
(4)
No sign shall be erected that simulates an official traffic-control or warning signal or public service sign.
(5)
No series, lines or rows of electric lights shall be allowed unless covered by a translucent material.
(e)
Construction and maintenance. In addition to a sign permit, a building permit may be required for structural or electrical purposes. All signs for which a building permit is required shall be constructed and maintained in conformance with city building and electrical codes. These signs, together with their supports, braces, guys and anchors, shall be kept in good repair and, unless constructed of galvanized or non-corroding metal, shall be given a protective coating as necessary to maintain a clean appearance and safe condition.
(f)
Special requirements.
(1)
No sign shall obstruct any fire escape, any means of egress or ventilation or shall prevent free passage from one part of a roof to any other part thereof, nor shall any sign be attached in any form, shape or manner to a fire escape.
(2)
No sign shall interfere with road or highway visibility or obstruct or otherwise interfere with the safe and orderly movement of traffic.
(3)
No sign shall be erected, painted or drawn on any tree, rock or other natural feature.
(4)
No sign shall be located on any building, fence or other property belonging to another person without the consent of the owner.
(5)
No sign shall contain statements, words or pictures of an obscene nature which violates Georgia law.
(6)
A rotating sign shall rotate at a rate of no more than ten revolutions per minute.
(7)
No sign shall be erected or maintained unless it is structurally safe, clean and in good repair.
(8)
No sign shall emit or utilize in any manner any sound capable of being detected on any traveled road or highway by a person with normal hearing.
(9)
No sign or sign structure of any kind shall be permitted to extend into or above or be anchored or placed in any portion of a public right-of-way (except official governmental signs).
(10)
If a new zoning district is created after the enactment of this amendment, signs shall be permitted therein as if it were located in the most restrictive similar zoning class (residential, commercial, or industrial) until this ordinance is amended to include that district.
(11)
If a nonconforming sign must be removed due to a city or state road improvement project, the city council may authorize the relocation of such signs even though the new location may not meet the setback, siting and/or spacing or other provisions of this amendment.
(Ord. No. 2023-03, § 21, 5-15-2023)
In addition to the general regulations and restrictions applying to all sign classifications, signs shall comply as follows:
(a)
Agricultural and residential districts.
(1)
One wall or freestanding sign is permitted per entrance into a real estate development or project. These signs shall not exceed a maximum area of 60 square feet and a maximum height of eight feet.
(2)
One wall or freestanding sign, but not both, per single-family lot is allowed. Such sign shall not exceed a maximum of two square feet and shall only identify home occupant and address, and/or a home occupation when permitted.
(3)
One wall sign per building in an RM district is allowed and such sign shall not exceed a maximum size of four square feet.
(b)
Commercial, industrial and office districts. Signs are permitted in all commercial and industrial zoning districts on an individual lot as follows:
(1)
One freestanding stanchion sign or monument sign, but not both (for one or two businesses per building). A stanchion sign shall be limited to two square feet per linear foot of lot frontage. If the lot or parcel upon which the sign is located is less than three acres, the maximum sign area shall be 150 square feet. If the lot or parcel upon which the sign is located is three acres or greater, the maximum sign area shall be 200 square feet. A monument sign shall be limited to a maximum sign area of 60 square feet.
(2)
One wall sign or one projecting sign, but not both, per wall which faces a street frontage. Wall signs shall be limited to two square feet per linear foot of the wall on which the sign is erected and such signs shall not exceed a maximum of 200 square feet. Projecting signs shall be attached to the vertical surface of the building and shall not extend beyond the eave or roof line of the building to which it is attached. Projecting signs shall be permitted a maximum area of 18 square feet.
(3)
A planned center (three or more businesses) is permitted to identify the center or businesses, provided therein with one freestanding sign of not more than two square feet per linear foot of lot frontage, not to exceed a maximum of 300 square feet. Individual businesses within the planned center shall not be permitted an individual freestanding sign or instructional signs but are allowed one wall sign limited to two square feet per linear foot of wall space which the business occupies, up to a maximum sign area of 200 square feet.
(Ord. No. 2023-03, § 22, 5-15-2023)
In addition to the general regulations and restrictions applying to all sign classifications, billboards shall comply with the following:
(a)
Zoning districts where allowed.
(1)
Billboards are permitted on properties that are adjacent to a state or federal highway in CB, GB, LI and HI zoning districts.
(2)
In addition, billboards are permitted on properties adjacent to all other streets in GB, LI and HI zoning districts, provided the property abutting this street is zoned GB, LI or HI for at least 1,000 continuous feet along both sides of this street or 1,750 continuous feet along one side of this street.
(3)
No billboard shall be allowed in a planned center regardless of the zoning district.
(b)
Location and spacing.
(1)
No billboard may be located within 500 feet in any direction of a public park, public playground, public recreation area, public forest, scenic area, or cemetery.
(2)
No billboard may be located within 300 feet of a residence, church or school when measured along the right-of-way of the street on which the sign is located.
(3)
No billboard may be located within 100 feet of a residence, church or school in any direction.
(4)
No billboard may be located within 1,250 feet of another billboard on the same side of the street as measured along the right of-way of the street or streets on which these signs are located, and, provided that no billboard may be located closer than 300 feet to another billboard in any direction.
(5)
Billboards may be erected only in the buildable area of the lot.
(6)
No trees may be cut or trimmed in locating, erecting or maintaining these billboards.
(c)
Size. No billboards shall exceed 672 square feet, inclusive of any border and trim but excluding the base, apron, supports and other structural members.
(d)
Miscellaneous.
(1)
No billboards shall contain more than two faces, not to exceed 672 square feet collectively, visible from the same direction on the main-traveled street or road.
(2)
When the sign faces of a billboard are parallel, or where the interior angle formed by the faces is 60 degrees or less, and are attached to a common structure, only one face shall be measured in computing the area of the sign.
(3)
No billboard shall be attached to a wall, building or rooftop.
(4)
No billboard shall be permitted which overhangs any part of a building.
(5)
Up to ten billboards shall be allowed in the city.
(Ord. No. 2023-03, § 23, 5-15-2023)
In addition to the general regulations and restrictions applying to all classifications, temporary signs shall be erected and maintained in compliance with the following:
(a)
Temporary signs are allowed only under the following conditions and requirements:
(1)
An application for permit shall be filed with the zoning administrator.
(2)
The maximum size allowance for these devices and signs shall not exceed 100 square feet.
(3)
The maximum number of temporary sign permits to be issued to a single location or parcel shall be two per year for a period of time not to exceed 20 calendar days for each permit.
(4)
Temporary signs shall only be allowed in the following zoning districts: RM, OI, NB, CB, GB, LI, HI and PUD.
(Ord. No. 2023-03, § 24, 5-15-2023)
The following advertising signs are prohibited in all zoning districts of the city:
(a)
Animated signs, except as temporary signs.
(b)
Banners, flags, streamers, inflatable objects, aerial devices and other attention getting devices, except as temporary signs.
(c)
Portable signs, mobile signs and trailer signs, except as temporary signs.
(d)
Signs with flashing, intermittent or animated illumination or effect.
(e)
Signs which produce noise or any sound capable of being heard.
(f)
Signs which omit visible smoke, vapor, particles or odors.
(g)
Signs placed in parking spaces which are required to meet the minimum parking requirements or within the interior driveway of a commercial development.
(h)
Roof signs.
(i)
Signs that have been abandoned.
(j)
Signs which are dilapidated or in such condition as to create a hazard, nuisance or to be unsafe or fail to comply with any provision of the building code of the city.
(k)
Signs on a public right-of-way, except such signs as are exempt under other provisions of this ordinance.
(l)
Signs or lights which contain or are an imitation of an official traffic-control sign, signal or emergency vehicle device.
(m)
Signs affixed to utility poles, street markers and fence posts.
(n)
Signs that advertise or promote illegal activities or signs which contain obscenity as prohibited by Georgia law.
(o)
Signs that are erected, located or maintained in such a manner as to interfere with safe and free ingress and egress of any door or emergency exit.
(Ord. No. 2023-03, § 25, 5-15-2023)
No sign permit shall be required for any of the following signs to be displayed in any zoning classification; provided, however, that all other applicable regulations shall apply to such signs and that no such sign in a residential zoning classification shall be illuminated:
(a)
Real estate signs.
(1)
One real estate sign per single-family residential lot not exceeding six square feet is permitted, but shall be removed within five days of the consummation of an agreement for the sale, rental or lease of the property.
(2)
Real estate signs shall be allowed on other than single-family lots not to exceed 50 square feet and shall be limited to two such signs per project or one such sign per entrance. These signs shall be limited to use for a period not to exceed one year.
(b)
Construction sign.
(1)
For construction on or development of a lot, one construction sign shall be allowed per contractor of not more than 16 square feet in area each, or one sign per development not exceeding 50 square feet in all other districts.
(2)
Such signs shall be allowed only during the construction period, except that signs located at subdivision developments shall be removed when 60 percent of all lots are occupied by completed homes or within four years, whichever comes first.
(c)
Bulletin boards for non-profit institutions.
(1)
Bulletin boards shall not exceed 32 square feet in area.
(2)
Bulletin boards shall be located on the same property as the institution.
(d)
Official signs. Signs of a governmental body, governmental agency or public authority, including, but not limited to, traffic signs, signals or regulatory devices or warnings, public notices, official instruments, and other signs required by law.
(e)
Instructional signs.
(1)
Instructional signs shall not exceed three feet in height nor two square feet in area.
(2)
No such sign shall be located in or within one foot of a public right-of-way line.
(f)
Flags. Flags of up to 20 square feet in area and up to 25 feet in height shall be allowed but no more than two flags are allowed per parcel.
(g)
Miscellaneous. All signs of less than eight square feet in area.
(Ord. No. 2023-03, § 26, 5-15-2023)
(a)
Appeal and variance procedure established. Except as provided in the subsections listed below, all appeals and variances from the provisions of this ordinance maybe applied for and decided upon according to the procedure established under article XIII of this appendix, appeals and variances of this appendix.
(b)
Administrative variance. The zoning administrator may grant an administrative variance of up to five percent of the face area requirements for signs. Such variances may only be granted for extensions or cutouts to the proposed sign.
(c)
Comprehensive sign plans. The comprehensive sign plan variance procedure is intended to encourage a flexible procedure to allow signage which is not in strict compliance with the provisions of the district regulations under this sign ordinance, but which is appropriate to the character of the development,, provides a good visual environment, promotes traffic safety and is regulated to the extent necessary to be consistent with the purpose and intent of this sign ordinance.
(1)
The zoning administrator may issue a variance to allow a sign permit for comprehensive sign plans in residential subdivisions, office parks with a total area in excess of 50,000 square feet, commercial centers with a total area in excess of 100,000 square feet, industrial centers, hospitals and PUDs. All outparcels associated with a development will be included when considering a comprehensive sign plan. The variance may contain such conditions, requirements or standards that may be stipulated by the zoning administrator to ensure that signs covered by the variance will not be detrimental to persons or property in the vicinity or to the public welfare in general.
(2)
Comprehensive sign plans approved under this subsection shall be evaluated based upon factors developed by the zoning administrator relating to the following criteria:
a.
Placement. All signs shall be placed where they are sufficiently visible and readable for their function. A variance may allow a setback to be reduced to zero feet.
b.
Quantity. The number of signs that may be approved shall be no greater than that required to provide identification for the development and the business within.
c.
Size. All signs shall be no larger than necessary for visibility and legibility. In no case shall a sign within a sign plan exceed the maximum standard contained in the underlying zoning district by more than 25 percent in sign area nor by more than 100 percent in sign height.
d.
Materials. Sign materials shall be compatible with architectural and/or natural features of the project.
e.
Illumination. Illumination shall be in conformance with section 6(d), Lighting requirement, of this attachment.
(3)
In the event that a new road is to be or has been dedicated to serve a project or development requesting a comprehensive sign plan variance, the zoning administrator, traffic engineer and/or director of transportation and development may authorize a signature sign adjoining the public right-of-way of the road or within a landscaped area within the public right-of-way, provided that a satisfactory maintenance/removal agreement is executed between the developer and the city. Said agreement shall set the type of structure to be allowed, address maintenance responsibility, and give the city authority to remove said structure under reasonable circumstances. In no case shall any such signature sign be allowed in or within a public right-of-way for a major collector, principal arterial or freeway.
(4)
Requests for variances for comprehensive sign plans shall be accompanied by an application, including, but not limited to:
a.
Applicant's name and address;
b.
Existing zoning on the property;
c.
Site plan, depicting the proposed plan of development;
d.
Description and/or illustration of proposed sign locations; and
e.
Standards for size, quantities, materials and illumination.
(5)
Variances approved under this subsection shall require the applicant to follow the established procedure in obtaining a sign and/or building permit.
(Ord. No. 2023-03, § 27, 5-15-2023)
(a)
In all zoning districts, signs which become nonconforming based on this amendment or any prior version of the city's sign ordinance may be continued under the following circumstances:
(1)
Temporary signs and portable signs shall be brought into compliance or removed within 90 days from the adoption date of this amendment.
(2)
In all zoning districts, signs which were illegally erected or maintained with respect to prior ordinances or resolutions; signs located within a public right-of-way; by the owner within 90 days from the effective date of this appendix. Upon failure to comply with this requirement, the city may cause the removal of such signs at the expense of the owner. Signs that create a potential hazard are to be removed immediately.
(3)
A nonconforming sign shall not be expanded, relocated or replaced by another nonconforming sign, except that the substitution or interchange of poster panels shall be permitted until full compliance is required.
(4)
Minor repairs and maintenance of nonconforming signs, such as repainting or electrical repairs, maybe permitted. However, no structural repairs or changes in the size or shape of this sign shall be permitted except to make the sign comply with the requirements of this appendix.
(b)
Billboards which, on the effective date of the ordinance from which this appendix is derived, were legally erected and maintained under previous ordinances, or which become nonconforming with respect to the requirements of this chapter, may continue in existence so long as the size of the sign is not increased beyond that existing as of the effective date of this chapter or any change thereto is made in conformance with this amendment.
(Ord. No. 2023-03, § 28, 5-15-2023)
(a)
Administration and enforcement.
(1)
This amendment is to be generally administered and enforced by the zoning administrator, the director of permits and licensing, their representatives or designees, and the City of Lovejoy law enforcement personnel.
(2)
The zoning administrator, or his representative, may inspect at any time each sign regulated by the provisions herein. The zoning administrator is empowered to revoke any permit issued upon failure of the sign owner or lessee to comply with the provisions of this appendix.
(3)
Violations of this chapter shall be considered as a violation of the zoning ordinance and be subject to such penalties and enforcement actions as, provided therein.
(b)
Permits.
(1)
Except as otherwise provided in this amendment, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the city or cause the same to be done without first obtaining a sign permit and/or a building permit for each such sign from the city if a permit is required hereunder. This shall not be construed to require any permit for a change of copy of any sign, substitution of poster panels, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way.
(2)
A sign for which a permit has not been secured shall be removed within ten days' notice from the city at the expense of the sign owner or property owner.
(3)
Applications for sign permits shall be upon forms, provided by the City of Lovejoy zoning administrator's office and shall contain the following:
a.
Name, address, telephone number of applicant, sign erector and property owner.
b.
Site plan showing location of structures upon the property on which the sign is to be located and the location of the sign in relation to such structures, property lines and road right-of- way.
c.
Plans, specifications and structural details showing the type and manner of construction, attachment to buildings or inground erection. A single submission may be made for standardized signs.
(4)
Permit fees and application forms and all supporting documentation shall be filed with the city and the city shall complete review of the application within 30 days, notifying the applicant of its decision. If approved, the city shall issue a sign permit to the applicant. If denied, the applicant may reapply, correcting deficiencies in the original application or file notice of appeal under the procedure outlined in article XIII of this appendix, appeals and variances, of the zoning ordinance of the city.
(c)
Permit fees. The zoning administrator and director of permits and licenses shall assess, on behalf of the city council, and collect fees for sign permits pursuant to this chapter based on the fee schedule adopted by the city council by separate action.
(d)
Penalties.
(1)
Any person violating any of the provisions of this appendix shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined no more than $1,000.00 or imprisoned no more than 30 days, or both as the facts of the case may justify. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder.
(2)
Any sign which is abandoned shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which the sign may be found. The zoning administrator is hereby authorized to cause removal of such sign and any expense incident thereto shall be paid by the owner of the sign or the owner of the property on which the sign is located.
(Ord. No. 2023-03, § 29, 5-15-2023)
Fees shall be collected by the planning and zoning office for all sign permits in the amount established by the city and amendable by resolution.
Fees shall be collected by the city for all building permits for signs in the amount established by the city and amendable by resolution.
Fees shall be collected by the city for all sign permit variances and shall be as established by the city and amendable by resolution.