Building code requirements address many public concerns about dangerous signs. Georgia Standard Building Code provisions relative to signs are supposed to ensure that they will not pose a fire hazard and are appropriately anchored or secured so that they do not fall or blow down. However, the building code does not regulate the location of signs, except to prevent them from interfering with an entryway or fire escape (Southern Building Code Congress International, Inc. Standard Building Code. 1994. Section 3108.1.9., Location Restrictions).

Without a sign ordinance, signs can pose a clear danger to public safety. It has long been recognized that signage controls are needed to promote traffic safety and avoid traffic accidents. A 1980 Federal Highway Administration study found a positive correlation between billboards and accident rates (Scenic America. Fact Sheet (1): Billboard Control: Fighting Visual Pollution. http://www.scenic.org/fact1.htm .). Furthermore, a 2009 study, Safety Impacts of Emerging Digital Display by Technology Outdoor Advertising Signs Final Report, by Jerry Wachtel, CPE, recognized that inattentive driving was a major contributor to highway crashes and that new technologies were enabling the outdoor advertising industry to display more attention-getting messages that were likely to cause drivers to be less attentive to the driving task. Also, those studies sponsored by government agencies, insurance companies, and auto safety organizations performed in the past decade regularly demonstrated that the presence of roadside advertising signs, such as digital billboards, contributed to driver distraction at levels that adversely affect safe driving performance.

1.

Signs too close to the road can cause accidents. Without additional regulations, signs can be placed dangerously close to rights-of-ways in locations where they might be struck by an oncoming vehicle using the road or having to veer off the road.

2.

Signs can impair visibility. The placement of signs can interfere with the sight of motorists trying to exit a driveway onto a public road. Traffic safety is improved by restricting the size, height, and spacing of signs.

3.

Signs distract motorists. By their very nature, signs are designed to direct attention to something and distract motorists to view a message or turn off the roadway and into a property to frequent a business, place, or activity. To the extent that signage captures the sight and attention of a motorist, it distracts motorists from the primary purpose of safely maneuvering a vehicle along the road.

4.

Signs can confuse motorists by mimicking traffic safety signals and signs. Motorists might confuse signs that contain flashing or blinking red, green, or yellow lights (such as a lighted portable sign adjacent to the road) with roadway traffic signals, emergency vehicles, or other hazards. Signs constructed of shapes like an octagonal "stop" sign might also impair public safety by confusing the motorist.

5.

Limitations on window signs can increase visibility from the public right-of-way and thus deter crime and robberies. Sign controls that limit the amount of storefront and door areas that can be covered with signs enhance visibility of activities within the store or building. Limits on window signs can provide for an appropriate minimum of exterior visibility and thus increase public safety of commercial areas through a reduction in crime potential.

6.

Signs can affect the aesthetics of the community. Sign regulations help communities maintain their scenic heritage and unique character. The appearance of the community, which is substantially influenced by signs, is essential to the County's long-term economic viability and helps determine how residents and visitors alike perceive it. Sign control is an integral part of improving visual character and quality of life. In 1954, Justice Douglas of the high court found the following: "The concept of public welfare is broad and inclusive. The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully controlled (Berman v Parker 348 U.S. 26, 75 S. Ct. 98, 99 L. Ed. 27 1954)".

1.

Permit signs that will not, by their size, location and construction, endanger the public safety of individuals. For example:

1.1

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

1.2

Would tend by its location, color or nature to be confused with or obstruct the view of traffic signs or signals, or to be confused with a flashing light of an emergency vehicle, or simulates an official traffic control or warning sign so as to confuse or mislead the traffic; and

1.3

Would by its nature or moving parts tend to confuse traffic or create any potential hazard to traffic.

2.

Provide a reasonable and comprehensive system of sign controls to ensure the development of a high-quality environment.

3.

Enhance the aesthetic environment.

4.

Encourage a desirable county character with a minimum of clutter while recognizing the need for signs as a form of communication.

5.

Improve pedestrian and traffic safety.

6.

Minimize the adverse effect of signs on nearby public and private property.

7.

Enable the fair and consistent enforcement of these sign regulations.

Location. The location of signs shall conform to state law (See GA DOT regulations). In general, except for signs as allowed by state law, all signs shall be located on private property.

Sign Types and Standards. The following sign standards apply to all zoning districts as specified elsewhere in this section. If any other standards in the ordinance conflict with the standard in this article, the stricter regulation shall apply.

8.

Freestanding Signs:

1.

Pole Signs. Pole signs including a billboard shall not extend over a public right-of-way. All signs abutting the right-of-way line shall have the display area six feet or more above ground level measured from the grade at the right-of-way line. Any signs with a portion of the display area less than 6 feet above ground shall be erected 15 feet from the right-of-way line. The maximum size of a pole structure/sign face is 150 square feet. The maximum height of a pole sign is 40 feet from grade to highest section.

2.

Ground Sign. Ground signs less than three (3) feet high shall be set back at least three (3) feet from the right-of-way line. Otherwise, such signs shall be set back 15 feet from the right-of-way line. The maximum total area of a ground sign located in a residential district is 6 square feet.

9.

Wall Sign and Flush-Mounted Canopy Signs. Wall and flush-mounted canopy signs (including signs attached flat against the wall or canopy and painted signs) shall be securely fastened by metal supports to the building surface along the sign's greatest dimension. They may protect from the building up to 12 inches; however, if they project more than 4 inches from the building surface, they shall maintain a clear height of 8 feet above ground level.

10.

Canopy (Awning) Signs. Canopy signs may cover the width of the door or window over which they are to hang. They may not be any taller than three (3) feet as measured on the surface to which they are attached and may project up to three (3) feet from the surface. However; any canopy projecting more than 12 inches may not hang any lower than the top of the window or door over which it is hung.

11.

Window Sign. A sign installed inside a window and intended to be viewed from outside. For the purpose of this ordinance the area of a permanent window sign may be 1/10 ^th of the total window surface. The area of a temporary sign may be 1/6 ^th of the total window surface.

In any district no sign shall be maintained within 15 feet of the right-of-way, intersection or of a street with a railroad right-of-way.

1.

Illumination not to be a nuisance. Illumination devices such as, but not limited to signs, flood or spot lights shall be so placed and so shielded as to prevent the rays or illumination there from being cast into neighboring structures and/or onto approaching or passing vehicles.

1.1

Lighted signs giving off light resulting in glare, blinding or any other adverse effect on traffic shall not be erected.

1.2

The light from illuminated signs 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.

1.3

No sign shall be erected if it contains, or is illuminated by any flashing, intermittent or moving lights.

2.

Other Restrictions. No sign shall be erected, attached or maintained which obstructs any fire escape, any means of ingress, egress, ventilation or which prevents free passage from one part of a road to any other part thereof.

2.1

No ground sign shall exceed 32 square feet per sign face.

2.2

Home businesses are allowed one illuminated sign, up to 6 square feet per sign face to be placed flat on a door, wall or window.

3.

Multiple businesses/shopping center. Where several structures are built jointly with connecting walls and zero lot lines located in the commercial or commercial downtown zoning district and commonly called a shopping center or where there may be several business located in the same building, the maximum display area of all wall or flush mounted canopy signs for each business shall not exceed ten percent of the front facade of each individual business. There may be one sign (either pole or ground) for the shopping center/mall or building with a maximum 64 square feet (double-sided, back signs are allowed). Height shall be no more than 25 feet from grade to highest section of sign.

3.

All signs within Macon County shall be U.L. approved and erected, constructed and maintained in accordance with the standards of this Article and applicable sections of the Macon County Building Code and only those signs that are permitted by these regulations shall be erected within the County. All signs shall require a building permit.

3.1

It shall be unlawful for any person, agency, or firm to erect, structurally modify (other than normal maintenance), replace or relocate within Macon County, any sign without obtaining a sign permit. The permit shall be obtained from the Macon County Building Inspector's Office and payment of the permit fees shall be made as required by this section.

3.2

Prior to the receipt of a sign permit, the person desiring to erect the sign shall file an application with the Building Inspector's Office. The following information shall be submitted:

a.

The name, address, and telephone number of the owner or persons entitled to possession of the sign and that of the sign contractor or erector.

b.

The location by street address of the proposed sign.

c.

Two (2) copies of a blueprint or drawing including a site plan showing the location of the proposed installation, with particular dimensional reference of streets, walks, and existing structures.

d.

Size of the sign.

e.

Size character and method of illumination, if any.

f.

Proposed method of fastening sign to the building.

g.

Vertical distance between sign and finished grade.

h.

Horizontal distance between sign and road right-of way.

i.

A lease or written statement of permission from the property owner on whose land the sign is proposed permitting the sign to be erected.

j.

Where the sign construction requires an electrical connection, the electrical contractor shall obtain an electrical permit.

k.

Any additional information deemed necessary by the Zoning Administrator.

4.

It shall be the duty of the Building Official upon the receipt of the permit fees and the completed application of a sign permit to examine such plans and specifications. If the proposed structure is in compliance with the requirements of this section, within 10 working days from the date of filing a written permit shall be issued to the applicant. Issuance shall in no way prevent the Building Official from later declaring said sign to be nonconforming if the permit is obtained based on false information submitted by the applicant.

5.

Permit Fees: Signs only. See addendum of fees set by the Board of Commissioners. There will be no charge if applicant has a current building permit.

6.

Signs painted on or attached to utility poles, trees, or other natural features in Macon County shall be prohibited.

7.

Portable signs are prohibited in all zoning districts except as allowed in this paragraph. Temporary (portable) signs may be displayed for up to 16 days, no more than 2 times per year. There shall be a minimum of 30 days between display dates. Portable signs must meet the following requirements:

7.1

No flashing lights are allowed.

7.2

Sign lettering and or background material shall not be fluorescent or neon coloring.

7.3

Signs shall be prohibited in the public right-of-way.

7.4

No portable sign shall be larger than 32 square feet and be no taller than 6 feet from grade.

8.

Community decorations, either owned by the Macon County or authorized for display by the County Commission, may be displayed at any time, as long as they are displayed no longer than 16 days with a minimum of 14 days between displays. Community decorations may be continuously displayed from November through mid-January.

9.

Signs are allowed on private property, provided that no more than two (2) signs are posted and are to meet the following requirements:

9.1

Signs shall not be larger than 6 square feet.

9.2

Signs are not allowed on public rights-of-way.

10.

Any sign legally in existence prior to adoption of this ordinance, which does not conform to the requirements of this ordinance is declared nonconforming and subject to the following requirements:

10.1

Any sign legally in existence prior to this ordinance, which does not conform to the requirements set forth in this ordinance may be continued as a nonconforming sign so long as the size and height are not increased beyond the existing dimensions as of the effective date of this ordinance.

10.2

A nonconforming sign shall not be replaced by another nonconforming sign except that the substitution or interchange of poster panel, painted boards, plastic banners or other material shall be permitted, as long as the substructure supporting the back of the sign and the posts it is mounted to is sound and meets wind shear tolerances as stated in the International Building Codes available from the Macon County Building Inspector's office.

10.3

Maintenance and repair of nonconforming signs, including changing of copy, electrical repairs or lettering and necessary nonstructural repairs which do not further extend or intensify the nonconforming features of the sign shall be permitted. However, no structural repairs or changes in the size of shape of the sign shall be permitted except to make the sign comply with the requirements of this ordinance.

10.4

If a legal nonconforming sign is damaged or destroyed by any means to the extent that 50% or more of its current replacement value, exclusive of the cost of the support structure, the sign may not be rebuilt or used thereafter unless it conforms to all of the provisions of this ordinance. If the damage or destruction of the nonconforming sign is less than 50% of the replacement value, the sign may be rebuilt to its original condition in terms of size and height and may continue to be displayed.

10.5

A nonconforming sign shall be removed or altered to conform to the requirements of this ordinance when the nature of the business that is advertised on the sign changes or the sign is changed or modified wither in shape, size of legend.

11.

Sign devices not permitted under this ordinance:

11.1

Flashing signs.

11.2

Signs that simulate an official traffic control or warning sign as to control or mislead the traffic or hide from view ant traffic or street sign or signal.

11.3

Signs which utilize a background of colored lights blending with traffic signals that might confuse a motorist when viewed from normal approach distance of 25 to 300 feet.

11.4

Spinning signs or similar type devices.

11.5

Signs not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure.

11.6

Roof signs after enactment of this ordinance (no permits shall be issued).

11.7

Animated signs.

11.8

Marquee signs other than those for theaters;

11.9

Rotating signs.

11.10

LED electronic message signs.

12.

Signs exempt from permits:

12.1

Signs located permanently or temporarily located on public right-of way such as official traffic signs.

12.2

Signs required to be posted by law.

12.3

Signs under 6 square feet.

12.4

Changing of the copy of a bulletin board, poster, board, display casement or marquee. The moving or relocating of embellishments that does not increase area of embellishments.

12.5

Signs posted by governmental agencies.

13.

Signs for new businesses shall not be portable signs. The business shall have permanent sign within 60 days of obtaining a business permit.

14.

Appearance of Signs.

14.1

All flat ground signs shall have concealed structural members except for vertical supports other supporting members, shall present good structural appearance and shall, when attached to a building appear to be an integral part of the building.

14.2

All signs shall be maintained in good condition so as to present a neat an orderly appearance. The building official may cause to be removed after due notice any sign which is not well maintained.

14.3

Vacant Buildings. Any owner-identification signs advertising a service or commodity associated with a vacant premise shall be removed or resurfaced by the owner or lessee not later than 30 days from the time the activity ceases. Commercial-renting leasing signs shall comply with the requirements of temporary signs. After 30 days, if the sign has not been removed, a penalty will be affixed and the Macon County shall remove the sign at the expense of the owner and same shall constitute a lien on the property.

14.4

Each individual business is allowed one (1) permanent sign no larger than 6 sq. ft. mounted at the primary entrance. There shall be no roof signs or projecting signs.

14.5

Temporary signs. Total window surface area covered by temporary signs on commercial buildings shall not exceed 1/16 ^th of the window surface and there shall be no more than 3 temporary signs per 160 square feet of window surface area.

14.6

There may be one (1) major business identification sign no more than 1/10 ^th of the total window surface. The window business identification sign may consist either of a sign painted on the window or hung inside the window in such a manner as to be visible from the outside.

14.7

Multiple family dwellings, townhouses, apartments, rooming and boarding houses: 1 sign for each street frontage no more than 32 square feet, plus one temporary sign no larger than 6 square feet per street frontage. The signs must be 15 feet from the right-of-way line.

15.

Variances to the Sign Ordinance. In some cases, where physical conditions peculiar to a premises can create problems with sign setback, area or height requirements a variance may be granted by the Macon County Zoning Commission.

15.1

Permit a setback for a sign that is up to 25% less than the required setback.

15.2

Permit the area or height of a sign to be increase by up to 25% more than the maximum height or area allowed.

16.

See Article XIX, Section 14 Request for Variances of the Macon County Zoning Commission for additional information.

MAXIMUM NUMBER OF SIGNS IN COMMERCIAL OR INDUSTRIAL ZONING DISTRICTS

P = Permitted
NP = Not Permitted

MAXIMUM NUMBER OF SIGNS IN RESIDENTIAL DISTRICTS

MAXIMUM NUMBER OF SIGNS IN C-2 COMMERCIAL DISTRICTS

*See Article XVII, Section 4