In adopting these sign regulations, it is the intent and purpose of the Board of Commissioners of Lee County not to impose an outright ban on signs, but instead to:

(1)

Balance the right of individuals to convey their messages through signs and the right of the public to be protected against the unrestricted proliferation of signs;

(2)

Further the objectives of the county's comprehensive land use planning;

(3)

Protect the public health, safety and welfare;

(4)

Reduce traffic and pedestrian hazards;

(5)

Maintain the historical and cultural heritage and image of the county; and

(6)

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

(7)

Avoid the harmful aspects of the unrestricted proliferation of signs;

(8)

Promote economic development and tourism;

(9)

Protect private property values; and

(10)

Ensure the fair consistent enforcement of sign regulations.

In accessing how to go about the above described task, the Lee County Board of Commissioners has given considerable weight and find the following to be relevant and useful to the Lee County Board of Commissioners concerning the size, location and quantity of sign structures within the county and must be regulated in order to achieve the above-stated intents and purposes: University of Georgia Land Use Clinic (2003, June 26); Sign Control on Rural Corridors: Model Provisions and Guidance, Wisconsin Department of Transportation (1994, December); Milwaukee County Stadium Variable Message Sign Study: Impacts of an Advertising Variable Message Sign on Freeway Traffic; Scenic America (2007); Billboards in the Digital Age: Unsafe (and Unsightly) at Any Speed; Scenic America Issue Alert, Nasar, Jack L. and Hong, Xiadong (1999, September); Visual Preferences in Urban Signscapes, Journal of Environment and Behavior, 31(5), 671-691; Office of Safety Research and Development, Federal Highway Administration (2001, September 11); Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction, U.S. Department of Transportation; New York State Department of State, Division of Local Government Services (2006, January); Municipal Control of Signs, James A. Coon Local Advertising in 268 U.S. Jurisdictions; Outdoor Advertising Association of America, Inc.; City Club of Portland (1996, September 6); Billboard Regulation in Portland, City Club of Portland Bulletin, 78(13), 1-40; Smiley, Alison and Persaud, Bhagwant, et al. (2205); Traffic Safety Evaluations of Video Advertising Signs, Transportation Research Record: Journal of the Transportation Research Board, No. 1937, 105-112.

In adopting these sign regulations, the Lee County Board of Commissioners has carefully considered and especially recognize the case law coming from Georgia courts, the federal courts, and courts throughout the United States, which recognize that the regulation of the size, location and quantity of sign structures is a valid and lawful means of achieving the above-stated intents and purposes, and that such intents and purposes are valid and lawful governmental interests, which include the following: Granite State Outdoor Advertising, Inc. v. Cobb County, Ga., 193 Fed. Appx. 900 (C.A. 11th 2006) (finding that the stated goals within a sign ordinance of protecting against traffic hazards and the adverse impact on the count's aesthetic qualities are substantial government interests); Gregory v. Clive, 2007 WL 2914515 (Ga. S. Ct. 2007) (recognizing as within a local government's police power to enact legislation governing billboards and signs, as such legislation clearly addresses the public health, safety, or general welfare of the community); H & H Operations, Inc. v. City of Peachtree City, Ga., 248 Ga. 500 (1981) (holding that, under its police power, a municipality can enact and enforce reasonable regulations governing the erection and maintenance of signs within its jurisdiction); Harnish v. Manatee County, Florida, 783 F.2d 1535 (C.A. 11th 1986) (finding that aesthetics is a substantial governmental goal which is entitled to and should be according weighty respect, and that the governmental entity charged with the responsibility of protecting the environment must be given discretion in determining how much protection is necessary and the best method of achieving that protection); Lamar Advertising Company v. City of Douglasville, Ga., 254 F. Supp. 2d 1321 (N.D. Ga. 2003) (finding that where a sign ordinance asserts the goals of public safety, traffic safety, health, welfare and aesthetics, a municipality has shown an important or substantial governmental interest unrelated to the suppression of free speech); Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981) (holding that the goals of traffic safety and aesthetics advanced by a municipality as justification for regulating signs is a substantial governmental interest); St. Louis Poster Advertising Co. v. City of St. Louis, 249 U.S. 269 (1919) (finding that billboards may be prohibited in the residential districts of a city in the interest of the safety, morality, health and decency of the community); Members of the City Council of the City of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789 (1984) (finding that a government entity can regulate signs and billboards when necessary to advance a significant and legitimate state interest, such as the protection of the aesthetics and quality of life within its jurisdiction); City of Doraville v. Turner Communications, Corp., 236 Ga. 385 (1976) (finding that under its police power authority, a municipality can regulate the location and maintenance of outdoor advertising signs within their territorial jurisdiction); Spratlin Outdoor Media, Inc. v. City of Douglasville, 2006 WL 826077 (N.D. Ga. 2006) (upholding sign ordinance where the ordinance's height and setback restrictions were rationally related to its stated goals of promoting the health, safety, morality and general welfare of the community, promoting the orderly and beneficial development of the city, promoting adequate access to natural light and air, improving the aesthetic appearance of the city, and encouraging the most appropriate use of land and buildings in accordance with the city's comprehensive plan).

(Ord. of 9-28-2010)

(a)

No sign structure shall be placed and/or maintained within the county except in conformity with this sign ordinance. Violations of this article may be punished in the same manner as other violations of the zoning ordinance. The county reserves the right to take legal action to remove signs erected in violation of this article, or to otherwise enforce the provisions of this article. All signs existing prior to the adoption of this article (with the exception of those falling under the requirements of section 70-648) that were legal at the time of adoption of this article shall be considered "grandfathered in" as existing non-conforming signs and may stay in place until one of the following conditions occurs:

(1)

The business advertised ceases at the location;

(2)

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

(3)

The sign has been damaged to such extent that more than minor repairs are required to restore the sign. No structural repairs, change in shape, or size shall be permitted except to make the sign comply with all requirements of this article.

(b)

Notwithstanding any other restrictions in this sign ordinance, any sign display or device allowed under this article may contain any commercial or non-commercial message, or any political or non-political message; except that such messages cannot depict obscenity, as defined by O.C.G.A. § 16-12-80, nor can they depict sexual conduct or sexually explicit nudity, as defined in O.C.G.A. § 36-60-3, nor advertise any activity illegal under the laws of Georgia or the United States. Nothing in this sign ordinance shall be construed to restrict or limit the length of time that a political campaign sign may be displayed or the number of political campaign signs that may be displayed on private property for which permission has been granted by the owner or occupier of the property where such sign or signs are located.

(c)

Definitions. As used in this article, the following words have the following meanings. The general definitions and interpretative rules of the zoning ordinance shall also be used. To the extent those general rules or definitions conflict with these specific definitions, these definitions control.

Billboard means a type of ground sign which is permitted in certain zoning districts as provided by this article, and which shall be a maximum of 30 feet in height for arterial roadways and 20 feet for all other roadways where permitted. Billboards shall be a maximum 250 square feet per sign face area, and that which is greater than 100 square feet in sign face area with the exception of signs on multi-tenant lots.

Directional sign means a sign dedicated to providing traffic direction such as enter, exit, drive through, etc., limited to three feet in height and no larger than four square feet in area.

Ground sign means a sign that is anchored to the ground and is wholly independent of a building for support. Freestanding signs are included in the definition, as are signs on poles, frames, or other mounting structures other than buildings. (Does not include vending machines, newspaper stands, propane gas, etc.)

Hanging sign means any non-fabric sign hanging or suspended from the exterior walls of a building structure, or an awning attached to the building structure, which is directed so as to be plainly visible from a public right-of-way. For the purposes of this article, such hanging signs shall be regulated as wall signs, shall only be permissible in zoning districts where wall signs are permissible, and shall be included in and count towards the amount of wall signage allowed under this article.

Sign means any display of words, shapes or images designed to convey a message to the viewer, located on the exterior of any dwelling, building or structure, or located anywhere on a lot upon a dedicated supporting structure or device, including poles, banners, windows and similar devices.

Sign face means the actual message-carrying portion of the sign that can be used to display content, including any area that can display or does display words, pictures or other communicative elements of the sign, including the background color.

Sign structure includes all the elements of the sign, including its supporting structure, sign face, base, lights and every portion of the sign.

Small signs means signs which have less than one square foot in sign face area, and which are either wall or window signs, or which are ground signs less than three feet in height, are classified as small signs, and are not regulated by this article, provided that when two or more such small signs are used together to form a single message, then such group of small signs shall be treated as one sign for purposes of this article, and will be regulated accordingly.

Streamer. See section 70-645(e).

Temporary signs means a sign of a non-permanent nature, including, but not limited to, banners as herein defined, to be used for a limited period of time solely for the purpose of advertising an upcoming event or occurrence. Any temporary signs shall be displayed for no more than 14 days, and shall be removed within three days after the event or occurrence advertised on the sign has occurred. Temporary signs shall require a permit and may be located in any commercial district. The fee is not to exceed $10.00. A political sign shall not be deemed to be a temporary sign for the purposes of this article.

Wall sign means a sign that is fastened directly to or is placed or painted directly upon the exterior of a building, with the sign face parallel to the wall, and extending from the surface of the exterior no more than 24 inches.

Window sign means a sign mounted inside of a structure, and designed to be seen from the outside of the structure through a window.

(d)

Except as provided herein, the provisions of this article shall be administered by the director of planning and engineering. Whenever this article places a duty, obligation, power or authority in the director of planning and engineering, it shall be construed to include that official's authorized designee.

(Ord. of 9-28-2010; Ord. of 8-14-2012)

(a)

Permit required. Except as otherwise provided herein, it shall be unlawful for any person to erect, construct, enlarge, move, or convert any sign in the county or cause the same to be done without first obtaining a sign permit from the director of planning and engineering, chief building inspector, or their designees. These directives shall not be construed to require any permit for change of copy on any sign, replacement of the sign face, nor for the repainting, cleaning, or other normal maintenance or repair of a sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified or enlarged in any way.

(b)

Application. Sign permits may be applied for by the owner of the property upon which the sign will be located, or by that person or entity's authorized agent. In order to obtain a permit to erect, alter or relocate any sign under the provisions of this article, an applicant therefore shall submit to the director of planning and engineering a sign permit application which shall set forth in writing a complete description of the proposed sign including:

(1)

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

(2)

The name, address and telephone number of the owner or lessee of the lot on which the sign is located if different from those designated above.

(3)

The location by street address of the proposed sign structure.

(4)

A drawing of the proposed sign showing dimensions and construction specifications. There may be circumstances such that in order to protect public health, safety and welfare the drawing must be prepared and signed by an architect or engineer licensed by the State of Georgia. This will be determined by the director of engineering and planning.

(5)

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

(6)

Each applicant shall present to the director of planning and engineering on request a certificate of liability insurance or current occupation tax certificate prior to the issuance of a sign permit.

(7)

Where the application is for a multiple-message sign using electronic lighting as part of the display on the sign face, a copy of the sign manufacturer's specifications for luminosity shall be attached to the application.

(c)

Issuance of permit if application in order. It shall be the duty of the director of planning and engineering, upon receipt of a completed application for a sign permit, to examine such plans and specifications and other data and, if the proposed structure is in compliance with the requirements of this section and all other applicable provisions of this article to issue, within five working days from date of filing, to the applicant a written permit evidencing the applicant's compliance therewith. Sign permits shall be issued in the name of the property owner upon which the sign is to be located. Issuance of the permit shall in no way prevent the director of planning and engineering from later declaring said sign to be nonconforming if the permit is obtained based on false information submitted by the applicant.

(d)

Permit duration. A sign shall become null and void if the construction of the sign for which the permit was issued has not begun within a period of six months after the date of issuance and completed within 12 months after date of issuance.

(e)

Work on illegal signs. No person shall erect or assist in the erection, construction, maintenance, alteration, relocation, repair or painting of, or do any work upon any sign for which a permit has not been obtained. Any such sign shall be illegal and the director of planning and engineering shall order the owner to remove the sign immediately. If the owner fails to remove the sign within 30 days, the director of planning and engineering shall proceed in accordance with this article.

(f)

Inspection. All signs for which a permit is required by this article are subject to inspection by the director of planning and engineering, chief building inspector, or their designees.

(g)

Revocation. The director of planning and engineering is hereby authorized and empowered to revoke any permit issued by him upon failure of the holder thereof to comply with the provisions of this section within ten days after notification in writing.

(h)

Permit fees. Before any permit is issued under the provisions of this section, the applicant shall pay a fee as follows:

(1)

For each permit for any sign in Lee County 37.5 cents/square foot of signage face or a minimum fee of $50.00, whichever is greater.

(2)

A 150 percent permit fee shall be paid in addition to any other penalties levied for violation of this section.

(i)

No permit should be required for signs having no electrical connection and a sign face less than 32 square feet in area; however, even signs not requiring a permit under this section shall be required to comply with the other provisions of this article.

(Ord. of 9-28-2010)

(a)

If not otherwise stated, any sign not specifically permitted in a zoning district as provided under this section shall be prohibited. These regulations apply to signs located on any lot or development, except that any sign not visible from the outside of a structure or to passing members of the public is not restricted or regulated by this article.

Sign height: Sign height is measured from centerline of street grade upon which the sign fronts to the highest portion of the sign structure.

Sign face area: The area of a sign is calculated by determining the area of the smallest square or rectangle which encloses the sign face and the structure surrounding the sign face. For example, the pole or base would not be included, but any frame holding the sign face in place would be counted. See examples below. However, this example is not substantive regulation as to permissible types of signs:

Examples of Sign Face Area Measurements

(b)

Signs permitted in residential zoning and C-4 districts.

(1)

Ground signs:

a.

Total sign face area may not exceed 32 square feet. Height is limited to six feet.

b.

For C-4 zoning districts, one double-faced sign is permitted that has a maximum of 32 square feet per side.

c.

Subdivision signs. One permanent subdivision sign may be located at each entrance to a subdivision provided the following requirements are met: Such sign shall contain only the name of the subdivision and motto, if any, and shall not contain promotional or sales material.

1.

The sign shall not create a physical or visual hazard for motorists entering or leaving the subdivision.

2.

No part of the sign shall exceed seven feet in height. This height requirement shall include capstones and any other item placed for the embellishment of the sign.

3.

The sign surface area shall not exceed 25 square feet in area and the sign face area is calculated separate from the sign structure.

4.

The sign shall not be located in or overhang any public right-of-way or easement including, but not limited to, islands, utility or drainage easements and shall be located on private property, unless approved by the Lee County Commission. In no case shall the sign obstruct the free and clear vision of any vehicle entering or exiting the subdivision or travelling by the entrance.

5.

Multiple family residential development and manufactured home park signs: One wall or ground sign may be located on the site of a multiple family residential development or manufactured home park provided that it shall not have a sign area larger than 25 square feet. Such sign shall not exceed seven feet in height and shall be located on private property. Where a multiple family residential development or manufactured home park is located on more than one street, one sign may be displayed on each street.

6.

One additional sign is allowed during the construction phase of a subdivision not to exceed 32 square feet. This additional sign must be maintained according to the requirements of section 70-649 and must be removed once the subdivision is built out.

(2)

Window signs:

a.

Not permitted.

(3)

Wall signs:

a.

Not permitted.

(c)

Signs permitted in the C-1, C-2, C-3, AG and I zoning districts:

(1)

Ground signs:

a.

One double-faced sign per street frontage. Maximum square footage for each sign face shall be two square feet for each linear foot of building frontage facing the public right-of-way, or one square foot for each linear foot of street frontage on the public right-of-way, whichever is larger, provided that no sign face may exceed 100 square feet. Maximum height for each sign structure shall be 30 feet for arterial roadways and 20 feet for all other street classifications.

(2)

Window signs:

a.

Permitted, but total signage shall not exceed 25 percent of the area of windows facing road frontage.

(3)

Wall signs:

a.

Maximum square footage for wall signs shall be two square feet for each linear foot of building frontage on the public right-of-way, or one square foot for each linear foot of street frontage on the public right-of-way, whichever is larger, provided that no sign face my exceed 100 square feet, except as provided in subsection b., below.

b.

Where the structure upon which a wall sign is located is greater than 50 feet from the right-of-way of the nearest public street, the maximum square footage shall be as follows:

Distance from wall sign to maximum surface area, as the right-of-way of the determined in subsection a. abutting street frontage above, may be multiplied by a factor of:

50-100 feet 1.5 (but no larger than 150 square feet)

100-175 feet 2 (but no larger than 200 square feet)

175-250 feet 2.5 (but no larger than 250 square feet)

250 + feet 3 (but no larger than 300 square feet)

c.

Wall signs may be located on multiple walls provided each sign faces a street or parking lot and the total square footage of the signs does not exceed what is set forth above.

(4)

Signs on multi-tenant lots:

a.

On all multi-tenant lots having less than 25,000 square feet of gross leasable area, each individual establishment shall be permitted wall signage as though each individual establishment was an individual building with individual street frontage. Where such multi-tenant premises has a frontage of 200 lineal feet or more on either an arterial or collector street, an additional double-faced ground sign shall be permitted, not to exceed 32 square feet per sign face, and no greater than 25 feet in height. Such additional ground sign shall be no closer than 120 feet from the primary ground sign on the lot.

b.

On multi-tenant lots having 25,000 or more square feet of gross leasable area, one ground sign for the first 500 lineal feet of frontage adjacent to a street and one additional ground sign for each additional 500 lineal feet of street frontage shall be permitted, provided that such ground signs on the lot shall be no closer than 250 feet. Maximum surface area for each such ground sign shall be as follows: For multi-tenant lots having between 25,000 and 100,000 square feet of gross leasable area, the maximum area of sign faces shall be 175 square feet; for multi-tenant lots having between 100,000 and 300,000 square feet of gross leasable area, the maximum area of ground sign faces shall be 200 square feet; for multi-tenant lots having greater than 300,000 square feet of gross leasable area, the maximum square footage for ground sign faces shall be 300 square feet.

(d)

Billboards. Billboards are permitted only in C-2 and industrial zoning districts. In those districts, billboards may be constructed subject to the following conditions:

(1)

No billboard shall be constructed or permitted, except as a replacement for an existing billboard. The county shall maintain a list of all billboards in the county, including the location and total sign face of each sign. Any application for a billboard building permit shall identify the billboard or billboards that are being replaced by the new billboard. Replacement shall be performed within six months after it has been determined that an existing sign or signs will be replaced by a new sign.

(2)

No billboard which is also a multiple-message sign shall be constructed or permitted, except as a replacement for 2.5 times as much existing billboard sign face area as the multiple-message sign face area of the proposed billboard. The county shall maintain a list of all billboards in the county, including the location and total sign face of each sign. Any application for a billboard building permit shall identify the billboard or billboards that are being replaced by the new billboard. Replacement shall be performed within six months after it has been determined that an existing sign or signs will be replaced by a new sign.

(3)

Billboards shall be located at least 1,000 feet from any residential district, measured from the location of the base of the sign.

(4)

New billboards shall be located at least 2,000 feet from any existing billboard, measured from the location of the base of the sign along the same side of the street.

(5)

The restriction of 50 percent of sign area generally applicable to multiple-message signs under this article shall not apply to billboards which are also multiple-message signs.

(6)

The owner of each billboard shall file on or before January 31, 2011 and each succeeding year a statement from a registered engineer licensed by the State of Georgia, or some other person possessing qualifications acceptable to the director of planning and engineering, certifying that the billboard has been inspected, and that it remains structurally sound and capable of safely carrying the loads placed upon it. If, upon inspection, it is determined that the billboard is not structurally sound, the engineer shall list the structural deficiencies and the actions which must be taken to correct the structural deficiencies. Prior to March 1st of the same year, the sign owner shall be required to take such actions and file a statement with the county certifying that each required repair has been completed.

(Ord. of 9-28-2010)

(a)

Location and setback.

(1)

The property owner must give permission for all sign structures erected on the owner's property. Sign structures are not permitted in the public right-of-way.

(2)

No portion of a sign or sign structure erected on private property shall encroach on or overhang the public right-of-way or any other person's property.

(3)

Distances are measured from the closest portion of the sign (whether that be the base, sign face, or the sign structure) to the right-of-way, curb or pavement.

(b)

Illumination.

(1)

Signs cannot be illuminated in the residential zoning districts with the exception of subdivision entry signs, subject to section 70-645(b). Signs may be illuminated in all other districts, subject to the following provisions.

(2)

Flashing or blinking illumination is not permitted. Except as expressly provided in this article, no sign may use images changing more frequently than once every 20 seconds; except as otherwise provided, no sign may display picture changing more frequently than once per minute. No external or internal illumination that causes confusion with or distraction from any traffic signal or safety device shall be permitted.

(3)

All externally illuminated signs shall utilize low wattage luminaries, mounted in fixtures designed to direct the light and eliminate light trespass, such as light shining into residences or other neighboring structures.

(4)

All internally illuminated signs shall utilize low wattage luminaries designed to reduce light glow.

(5)

No sign shall give off light, which glares, blinds, or has any other adverse effect on traffic or adjacent properties. 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 roadways. This shall be determined by measuring the footcandles (lumens per square foot) that fall on adjacent properties. No sign shall exceed one half (0.5) footcandles at any adjacent property line in a residential district and two footcandles at any public right-of-way.

(c)

Multiple-message signs.

(1)

Multiple-message signs are those which change the message or copy on the sign face mechanically or electronically by movement or rotation of panels or slats, or by changing electronic display on the sign face. Except as expressly provided in this article for multiple-message billboards, such signs are only permitted in the C-2, C-3 and I zoning districts, and are not permitted in all other zoning districts.

(2)

No multiple-message sign may change its message or copy, or any pictures or images that are part of the message, more frequently than once every 20 seconds, provided that multiple-message billboards shall be allowed to change the copy or images that are part of the message not more frequently than once every ten seconds.

(3)

When the message of a multiple-message sign is changed mechanically, it shall be accomplished in three seconds or less. When the message of a multiple-message sign is changed in an electronic manner, through the use of light emitting diodes, back lighting or other light source, the transition shall occur within two seconds.

(4)

Except as expressly provided in this article in regards to billboards, the portion of the sign face of a multiple-message sign which accommodates multiple-messages shall not exceed 50 percent of the total sign face area and may not change its message or copy, or any pictures or images that are part of the message, more frequently than once every 20 seconds; the remaining portion shall be static.

(5)

When any multiple-message sign is located within 150 feet of any residential district, the display of multiple-messages shall discontinue between the hours of 11:00 p.m. and 6:00 a.m., and the sign shall be static and not display more than one message during that period.

(6)

Multiple-message signs which are illuminated or which use electronic lighting to display message shall be subject to the restrictions and limitation applicable to illumination in this article.

(7)

There shall be located no more than one multiple-message sign per lot, and such sign shall be permitted only on a ground sign or freestanding structure, and not on any wall sign or window sign.

(8)

The total number of multiple-message billboards within Lee County shall be limited to ten sign faces. After the adoption of this article, new multiple message billboards shall only be permitted when both of the following location requirements are met:

a.

The proposed multiple-message billboard is to be erected on an existing billboard sign structure as of the date of the adoption of this article or at the location of and as a replacement for such an existing billboard sign structures. A list of such existing billboard sign structures known to the county is included as Exhibit A at the end of this article, and is identified as "Billboards Existing in Lee County, Georgia, as of May, 2010"; and

b.

The proposed multiple-message billboard will be located in commercial and industrial zoned areas.

(9)

Multiple-message billboards constructed after the adoption of this article shall be located at least 5,000 feet from existing billboards using a multiple-message sign face, measured from the base of the billboard along the street frontage to the base of the nearest existing billboard using a multiple-message sign face on the same side of the street, and 3,000 feet from any existing billboard using a multiple-message sign face, measured along the shortest straight-line from sign structure to sign structure.

(10)

The total number of multiple-message signs (as defined in section 70-645(c)(1)) within Lee County shall be limited to 30.

(d)

Flags. For the purposes of this article, flags are fabric signs displayed by being attached to a flagpole. Flags are permitted in all zoning districts, flags in C1, C2, C3, and I zoning districts are subject to the following regulations:

(1)

Only one flag permitted per lot;

(2)

Such flagpole shall not exceed the height of the tallest structure on the lot by ten feet; and shall in no case be greater than 60 feet in height;

(3)

The longest side of the flag shall not be greater than one-fourth the height of the flagpole to which the flag is mounted;

(4)

No flag shall exceed 150 square feet in area;

(5)

There shall be no regulation of flags representing countries, states, or political subdivisions thereof, including, but not limited to, the flag of the United States of America.

(e)

Banners. For the purposes of this article, banners are paper, plastic or fabric signs, which are not attached to any rigid frame. Banners are limited to 48 square feet; only one banner per property or road frontage; and only permitted in C-1, C-2, C-3, and I zoning classifications, and it must be mounted or attached to a building or attached to a pole, mast, arm or other structure. Banners may only be exhibited six times each calendar year for a period of not more than 14 consecutive days during each period. Banners shall be maintained in good repair, and shall be maintained free of defects such as holes, tears, fading, cracks, breaks or missing portions. Upon written notice of any such defects, the banner must be repaired or removed. Fabric windsocks driven by air pressure are included as banners.

Streamers (narrow strips of material used for decoration), pennants and balloons may also be exhibited and are not subject to the six times per calendar year/14 consecutive days set forth above. Streamers, pennants and balloons shall be maintained free of defects such as holes, tears, fading, cracks, breaks or missing portions. Upon written notice of any such defects, the streamers, pennants or balloons must be repaired or removed.

Permits are required for banners. A written application shall be made to the director of planning and engineering ("director"). The director shall establish an application form and the permit fees.

(f)

Portable signs (defined as sign structures which are attached to vehicles, trailers, movable structures, or any sign which may be transported or is designed to be transported). Such signs include, but are not limited to, printed banners or billboards attached to vehicles and trailers. Except as provided below, the definition of portable structures does not include messages painted directly upon or attached by sticker or magnetic backing to a motor vehicle or placed within a motor vehicle such that it may be viewed from outside the vehicle through windows. For purposes of this article, motor vehicles which are used in connection with a business at the site and which have more than six square feet of painted or permanently affixed sign face may be parked onsite provided the vehicle is parked within the lateral lines of a parking space. Portable signs are only permitted in the C-1, C-2, C-3, and I zoning classifications, and only on lots where there is no other signage regulated by this article. Portable signs where permitted may only be displayed for a period of not more than 14 consecutive days in any 180-day period. Further, the display of portable signs as defined herein shall be prohibited in any zoning classification one year after the effective date of this article.

(Ord. of 9-28-2010)

(a)

Official confusion. Signs which contain or are an imitation of an official traffic sign or signal, or can be confused with an official traffic sign, are prohibited.

(b)

Fire safety. No sign or sign structure may be erected or maintained which obstructs any fire escape, ventilation, or door; nor shall any sign or sign structure be attached to a fire escape.

(c)

Corner visibility. No sign or sign structure above a height of three feet shall be maintained within 25 feet of the intersection of the right-of-way lines of two streets, or of a street intersection with a railroad right-of-way.

(d)

Traffic visibility and safety. No sign or sign structure shall obstruct the traffic sight line, or the view of vehicles entering the roadway (i.e., the view of oncoming traffic by vehicles attempting to enter the road, or vice versa). No sign shall be erected on any traffic island.

(Ord. of 9-28-2010)

The following types of signs are prohibited in every zoning district:

(1)

Roof signs (which means signs mounted above a roof or projecting above the roof-line of a structure);

(2)

Rotating signs (excluding barber poles); and

(3)

Moving signs, or signs with moving parts. This includes, but is not limited to, animated signs involving motion or sound; signs with moving words; signs with waiving elements, whether motorized or wind-powered; or similar moving signs.

(Ord. of 9-28-2010)

(a)

It is the intent of this article to bring into conformity the permitted/allowed number of ground signs per property in the commercial and industrial zoned areas of Lee County. It is the intent of the county commission to protect the investment-backed expectations of property and sign structure owners, and to accomplish conformity while allowing property and sign structure owners a reasonable return on their investment.

(b)

The provisions of this section shall have no application to any sign which is subject to a valid and current permit issued by the Georgia Department of Transportation under O.C.G.A. § 32-6-70 et seq. Nor shall this provision have any effect on any billboard which is existing legally at the time of the adoption of this article. A list of such billboards known to the county is identified as "Billboards Existing in Lee County, Georgia as of May, 2010" and is included as Exhibit A at the end of this article, and in the future shall be maintained by the director of planning and engineering. In the event that any billboard sign is legally existing at the time of the adoption of this article, but not included on such list, the owner of such sign shall have a period of 90 days running from the adoption of this article to register such sign with the director of planning and engineering, who, upon confirming that such sign is a billboard lawfully existing as of the date of the adoption of this article, shall place such sign on the list. The director of planning and engineering shall place a notice in the legal organ of Lee County once each month during such 90-day period advising owners of billboard signs that they should register the sign with the director of planning and engineering within such 90-day period. For the purposes of this amortization section, any billboard which has not been registered shall be presumed to not be a lawfully-existing billboard existing as of the time of the adoption of this article unless the owner thereof can show that the billboard structure was existing in its current location, design, height and sign face size on the date of the adoption of this article. During such 90-day period, there shall be a moratorium on the issuance of any permits for the erection of billboard sign structures to allow for the registration of existing signs. After the running of the 90-day period and the automatic expiration of such moratorium, whenever a permit is issued for any billboard, such billboard will be added to the list, along with the date upon which the permit was issued.

(c)

Except as otherwise provided, the permitted/allowed number of ground signs which are legal at the time of the adoption of this article or any amendment thereto, but which do not conform with the provisions of this article or any amendment thereto, shall be removed within a period of one year from the date of the adoption of this article or the amendment thereto to which the sign structure does not conform.

(d)

Owners of property on which signs subject to the provisions of paragraph (c) above are located, or their designated agent, may apply for an extension of time at any time prior to or within 30 days after the expiration of the one-year period provided in subsection (c). Such application shall contain the following information:

(1)

Name of the property owner making application;

(2)

Address and tax parcel number of property upon which the sign is located;

(3)

Physical description of sign, including height of structure and square footage of sign face;

(4)

Date of such signs erection;

(5)

Cost of such sign erection;

(6)

A statement as to whether there has been any revenue derived from the sign, and a schedule of such revenues;

(7)

Physical description of all other sign structures on the same lot as the subject sign, including square footage of the sign face and height of the sign structure;

(8)

A survey or plat showing the location of all sign structures on the lot upon which the subject sign is located;

(9)

A statement from the signs owner of how long of an extension is anticipated to be needed in order to realize a reasonable return on the sign structure.

(e)

Upon receipt of such application, the county commission shall conduct a hearing. The sign shall not be required to be removed or brought into conformity during the time the application is pending. Notice of such hearing shall be given to the applicant and to owners of properties adjoining the subject property, as shown by the records of the county tax assessor. At such hearing, the applicant and the zoning department staff may present testimony and evidence, and the county commission shall allow other interested persons to present testimony and evidence, provided that the applicant shall be allowed equally opportunity to address any evidence raised by such other persons.

(f)

The application shall be granted if the extension is necessary for the property or sign owner to realize a reasonable return on the capital cost of the sign, or if the sign structure serves a commercial or non-commercial purpose which cannot be adequately achieved with conforming signage. In making this determination, the county commission shall consider the following factors:

(1)

Can the sign structure be brought into conformity with the ordinance without having to be moved or removed?

(2)

If the sign structure can be brought into conformity, what is the cost of doing so?

(3)

If the sign structure can be brought into conformity, would the cost of doing so prevent a reasonable return of capital to the sign owner?

(4)

If the sign cannot be brought into conformity and must be removed, has the owner realized a reasonable return on the capital cost in comparison to the reasonable investment expectations in the area?

(5)

If the sign owner has not realize a reasonable return on the capital cost in comparison to the reasonable investment expectations in the area, what period of time would be necessary for the owner to receive a reasonable return of capital?

(6)

Would the removal of the sign impair a commercial or non-commercial purpose which cannot be adequately achieved with conforming signage?

Upon the conclusion of the evidence, the county commission may table the matter to a future meeting, or it may vote to deny the extension of time, grant the extension of time, or grant the extension of time subject to reasonable mitigating conditions. Any grant shall expressly state the duration of the additional time granted by the county commission. Such decision shall be reduced to writing and delivered to the applicant.

(g)

Any person substantially aggrieved by the decision of the county commission may appeal to the Superior Court of Lee County by filing such appeal with the clerk of that court within 30 days of the county commission's decision. Upon the filing of such an appeal, the county attorney's office shall compile the record of the application and the hearing on that application, certify it, and shall file same with the superior court.

(Ord. of 9-28-2010)

(a)

The sign and sign structure shall be maintained in good repair, structurally sound, with proper anchorage capable of supporting the imposed loads, so as not to pose a threat to the public health, safety or welfare. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

(b)

All exterior surfaces shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surface repainted. When required, all exposed surface of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. Sign faces shall be maintained in good repair, and shall have neatly painted, posted or otherwise maintained display surfaces, free of defects such as holes, tears, crack, breaks or missing portions, which are plainly visible from the public right-of-way.

(c)

When a sign or sign structure is found to be in need of maintenance, the code enforcement officer shall issue a notice of violation to the property owner, which shall describe the maintenance issue, and provide a reasonable amount of time to repair the violation.

(d)

If, after receiving the notice of violation, the property owner fails to remedy the maintenance issue within the time provided, it shall be a violation of this article, subject to citation. The code enforcement officer may also institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal of the sign or sign structure. The reasonable cost of any action taken by the county or its agents to remedy the maintenance issue shall be charged against the real estate upon which the structure is located and shall constitute a lien upon such real estate.

(Ord. of 9-28-2010)

Except for those appeals pertaining to the amortization of signs, appeals of the decisions of the director of planning and engineering under this article shall be to the county commission. The aggrieved party shall file such appeal in writing within 30 days of the date of the appealed decision. The county commission shall consider the appeal at a public meeting conducted within 35 days of the filing of the appeal. The aggrieved party or its agent and the director of planning and engineering shall be allowed to present testimony and evidence as to whether the decision should be affirmed, reversed or modified. Such testimony and evidence shall constitute the record. The county commission shall consider this record in light of the requirements and intent of this article, and shall vote to affirm, reverse or modify the decision at such public meeting. In the event that the county commission fails to render a decision on the appeal within 60 days of the filing of the notice of appeal, the decision of the director of planning and engineering shall stand affirmed. Any person aggrieved by the decision of the county commission may appeal to the Superior Court of Lee County, Georgia, within 30 days of the county commission's decision.

(Ord. of 9-28-2010)

(a)

Any person or entity violating or refusing to comply with any provision of this article shall be subject to citation to the magistrate court, and upon conviction, may be sentenced to imprisonment for up to 60 days, to pay a fine of up to $1,000.00, or both. Each day a violation exists shall be considered a separate violation for purposes of citation and sentencing. The county may also seek civil remedies including injunctive, declaratory or equitable relief for violations of this article.

(b)

Should any section or provision of this article be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the article as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

(c)

This article replaces the county's prior sign ordinance existing and in effect immediately prior to the adoption of this article. In the event all of this article is struck down as void, unconstitutional or invalid, including therefore this provision, that prior ordinance shall be considered to not have been repealed, and shall therefore still be in effect.

(d)

This article shall take effect and be in force as of the date of its adoption, the public welfare of Lee County demanding.

(Ord. of 9-28-2010)

Exhibit A
Billboards Existing in Lee County, Georgia, as of May 2010