Definitions related to signs, as used in this Article, are provided in this Section.

(a)

Abandoned sign. Any sign that is located on property which becomes vacant and /or unoccupied or a sign that contains or exhibits broken panels, visible rust, visible rot, damaged support structures, or missing letters or which is otherwise dilapidated, unsightly, or unkempt, and for which no person accepts maintenance responsibility.

(b)

Animated sign. Any sign that has moving parts or includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs using electronic ink, signs set in motion by movement of the atmosphere, or made up of a series of sections that turn, including any type of screen using animated or scrolling displays such as an LED (Light Emitting Diode) screen or any other type of video display, even if the message is stationary..

(c)

Audible sign. Any sign which emits an audible sound or emits a signal that can be converted into audible sounds, whether by radio or other means.

(d)

Awning/canopy sign. Any sign that is a part of, or attached to, an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

(e)

Banner. A sign other than a flag with or without characters, letters, illustrations or ornamentation applied to cloth, paper, vinyl, plastic or fabric that is intended to be hung either with a frame or without a frame. Neither flags nor canopy signs are considered banners.

(f)

Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

(g)

Billboard. A sign with an area of more than 72 square feet but not more than 672 square feet.

(h)

Changeable copy sign. An animated sign that incorporates changing lettering or images to form a message or messages, whether such changes are accomplished electronically or manually.

(1)

Manual changeable copy sign. Any sign that has a reader board format serving as background for letters/messages that are manually changeable.

(2)

Electronic changeable copy sign. Any sign that uses changing lights or other methods to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

(i)

Fall zone. An area equal to 133 percent of the height of the structure in every direction.

(j)

Flag. Any fabric or bunting containing colors, patterns, or symbols used as a symbol of a government or other entity or organization.

(k)

Feather Flag Sign. A free-standing temporary sign typically constructed of a single plastic or metal shaft driven in the ground with an attached pennant that is vertically elongated and attached to the shaft. A feather flag sign is a type of animated sign.

(l)

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

(m)

Freestanding sign. A permanently affixed sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

(n)

Illuminated sign, external. A sign illuminated by an external light source. Such source cannot be a device that changes color, flashes or alternates.

(o)

Illuminated sign, internal. A sign illuminated by an internal light source. Such source cannot be a device that changes color, flashes, or alternates.

(p)

Incidental door sign. A small sign, emblem or decal no larger than one square foot in area that is located on a door and is generally not readily visible or legible from public rights-of-way.

(q)

Internal development signs. Free-standing signs not visible from a public right-of-way and located adjacent to internal road(s) serving a development.

(r)

LED sign. Any sign or portion thereof that uses light emitting diode technology or other similar semiconductor technology to produce an illuminated image, picture, or message of any kind whether the image, picture, or message is moving or stationary. This type of sign includes any sign that uses LED technology of any kind, whether conventional (using discrete LEDs), surface mounted (otherwise known as individually mounted LEDs), transmissive, organic light emitting diodes (OLED), light emitting polymer (LEP), organic electro polymer (OEL), or any other similar technology. An LED sign is considered to be a form of electronic changeable copy sign.

(s)

Marquee. Any permanent canopy structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

(t)

Marquee sign. Any sign attached flat against or upon a permanent marquee of a building.

(u)

Pennant, streamer. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind.

(v)

Permanent sign. Any sign which, when installed, is intended for permanent use. A permanent freestanding sign shall be of a type and construction as not to be easily or readily removed from the lot on which it has been erected.

(w)

Portable sign. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs mounted upon a trailer, bench, wheeled carrier or other non-motorized mobile structure with or without wheels; signs converted T- frames; sandwich board, A-frame, and sidewalk signs; balloons; umbrellas; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

(x)

Project entrance sign. A permanent freestanding sign located at an entrance designed and permitted for vehicular access into a multi-family development, or into a development containing multiple lots, such as but not limited to a particular single-family residential subdivision, a townhouse subdivision, or a commercial subdivision such as an office park or industrial park.

(y)

Projecting sign. Any sign which is suspended or projected from the wall, eave, or soffit of the building in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

(z)

Public sign. Any sign erected by a governmental entity.

(aa)

Principal sign. The main, most prominent or largest freestanding or building sign on a property's street frontage or principal building, other than a project entrance sign as defined in this Article. Such signs are of permanent construction and not placed as temporary signage.

(bb)

Roof sign. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

(cc)

Sandwich board, sidewalk and A-frame signs. A portable sign the support structure of which is not imbedded in the ground. Such signs are constructed in such a manner that they stand on their own but are not permanently installed. This includes a sign displayed on an easel.

(dd)

Sign face. That part of a sign that is or can be used for advertising purposes.

(ee)

Sign. Any structure, device, object, design or display that is used or intended to be used to attract the attention of or to convey information to the public, and that is placed in such a way, whether out of doors or inside or near a window, as to be in the view of the general public from the exterior of any building on the property.

(ff)

Small temporary sign. A sign with an area of not greater than four square feet, with a sign face made for short-term use (90 days or less), containing no reflecting elements, flags, or projections and which, when erect, stands at a height not greater than three feet and is mounted on a stake or metal frame with a thickness or diameter not greater than 1½ inches.

(gg)

Temporary sign. Any sign that is not permanently mounted.

(hh)

Vehicular sign. Any sign placed, mounted, painted on or affixed to a motor vehicle or to a freight, flat-bed or storage trailer or other conveyance, whether motorized or drawn, that is parked in such a manner as to be viewed or intended to be viewed from a public right-of-way and is not being used in the normal course of business for which the vehicle is intended.

(ii)

Wall sign. Any sign attached parallel to a wall, painted on the wall surface or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface.

(jj)

Window sign. Any sign that is applied, painted or placed on, behind or inside a window or upon the windowpanes or glass, and intended to be viewed from outside the building.

The following shall not count toward the total amount of signage allowed and no permit is required so long as all standards in this Article are met, including those set forth below:

(a)

Property address numerals, not to exceed eight inches in height or as required by the applicable building code, are required by the City and are considered "official governmental signs" and are exempt.

(b)

Flags.

(c)

Not more than one incidental door sign.

(d)

Small temporary signs in all districts.

(e)

Temporary signs during building construction.

The following types of signs are prohibited:

(a)

All signs, other than legal non-conforming signs, which are not in compliance with this Article are prohibited and illegal and shall not be erected or maintained.

(b)

Any sign placed or erected on a property without the permission of the property owner.

(c)

Balloons, streamers or air or gas filled figures.

(d)

String lights: Signs consisting in whole or in part of a series, line, or row of lights, whether supported by cables or other physical means, within 150 feet of a street right-of-way and visible there from. Notwithstanding the foregoing, holiday lights and decorations displayed not more than 30 days before or after a calendar holiday on property by the owner or with the owner's permission shall be exempted from this Section.

(e)

Promotional beacons, search lights or laser lights or images.

(f)

Audible signs.

(g)

Signs in a public right-of-way, other than official City signs or those belonging to a government, public service agency, or railroad.

(h)

Signs mounted or located on a tree, utility or light pole, retaining wall, fence, rock, or other similar structure.

(i)

Roof signs and signs which extend vertically above any portion of a roof or parapet of the applicable wall. Exception: Signs that are painted on, or otherwise attached flat, to a flat roof structure so as to not be visible from ground level and do not extend vertically from the roof structure more than 24 inches, do not add load to the roof structure and allow access to all roof areas shall be permitted. Flat roof signs shall not be illuminated animated or contain mechanical movements. There is no maximum square footage limit to the sign area.

(j)

Portable signs.

(k)

Signs which depict obscene material as defined by local or state law.

(l)

Signs not in good repair, in violation of codes, or containing or exhibiting broken panels, visible rust, visible rot, damaged support structures, or missing letters.

(m)

Abandoned signs.

(n)

Animated signs, with the exception of electronic changeable copy signs and feather flag signs as may be regulated by this Article.

(o)

Flashing signs.

(p)

Changeable copy signs which change more than once per 24 hours within 150 feet of a road right-of-way.

(q)

Signs that are a threat to public safety are not allowed, such as:

(1)

Signs containing or imitating an official traffic sign or signal or contain the words "stop," "go," "slow," "caution," "warning," "danger," or similar words in such a manner as to resemble official traffic control signs.

(2)

Signs that display intermittent or blinking lights resembling the flashing lights customarily used in traffic signals or on police, fire, ambulance or rescue vehicles.

(3)

Signs located so as to obscure, or otherwise interfere with the effectiveness of any official traffic sign, signal or device.

(4)

Signs located so as to obscure, or otherwise interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic.

(r)

Signs which are erected, relocated, or maintained so as to prevent free ingress or egress from any door, window, or fire escape.

(s)

Vehicular signs.

If not otherwise stated, any sign not specifically allowed in a zoning district as provided under this Section shall be prohibited in that district, except as otherwise provided for under this Article. The following standards govern signs within specific zoning districts.

See Article 1.

(a)

The City Council recognizes that signs provide an important medium through which individuals, businesses, and government may convey a variety of messages. However, left unregulated, signs can become a threat to the public health and safety as a traffic hazard, as a detriment to property values, and as an aesthetic nuisance affecting the overall economic growth of the City of South Fulton. Numerous professional studies have been prepared that examine and establish the effect of signs on traffic safety, aesthetics and economic prosperity, including the following:

(1)

Klauer, S.G., T.A. Dingus, V.L. Neale, J.D. Sudweeks, D.J. Ramsey. "The Impact of Driver Inattention on Near-Crash/Crash Risk: An Analysis Using the 100-Car Naturalistic Driving Study Data." National Highway Traffic Safety Administration. DOT HS 810 594. April 2006.

(2)

Snyder, Jonathan, Samuel S. Fels Fund. "Beyond Aesthetics: How Billboards Affect Economic Prosperity." December 2011.

(3)

Wachtel, J., 2009. "Safety Impacts of the Emerging Digital Display Technologies for Outdoor Advertising Signs." Prepared for AASHTO and the Standing Committee on Re-search of the National Cooperative Highway Research Program (NCHRP), April 2009. The Veridian Group, Inc., Berkeley, California.

(4)

Weitz, Jerry, Ph.D.,AICP. "The Public Purpose of Roswell's Sign Ordinance and the Implications of Doing Without It: A Position Paper." December 7, 1999.

(b)

Based on a review of the cited materials and the studies referenced therein as well as other related studies, the City Council find that unregulated signs:

(1)

Can be a safety hazard to drivers and pedestrians;

(2)

Can be a detriment to the public health;

(3)

Can hamper economic growth;

(4)

Can lower property values;

(5)

Can adversely impact public investments;

(6)

Can degrade the utility of public safety signs; and

(7)

Can adversely impact the aesthetic quality of the community and surrounding environment.

The City Council finds that:

(a)

Signs are a proper use of private property, are a means of personal free expression and a necessary component of a commercial environment. As such, signs are entitled to the protection of the law. In the absence of regulation, however, the number of such signs tends to proliferate, with property owners' desiring ever increasing numbers and sizes of signs, leading to cluttered and aesthetically blighted thoroughfares. In addition, the competition among competing sign owners for visibility of their signs contributes to safety hazards for both vehicles and pedestrians and undermines the sign owners' original purpose of presenting a clear message of its idea or identification of its premises.

(b)

The City further finds that the regulation of the size, height, number and spacing of signs is necessary to protect the public safety, to assure compatibility of signs with surrounding land uses, to enhance the business and economy of the City, to protect the public investment in the streets and highways, to maintain the tranquil environment of residential areas, to promote industry and commerce, to eliminate visual clutter and blight, to provide an aesthetically appealing environment, and to provide for the orderly and reasonable display of signs for the benefit of all the City's citizens.

The purpose and intent of these sign regulations are:

(a)

To protect the rights of individuals and businesses to convey their messages through signs;

(b)

To encourage the effective use of signs as a means of communication;

(c)

To promote economic development;

(d)

To improve traffic and pedestrian safety as it may be affected by distracting signs;

(e)

To prevent the destruction of the natural beauty and environment of the City;

(f)

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

(g)

To restrict the continued existence of abandoned or nonconforming signs unless in compliance with the terms of this Article and to eliminate, overtime, all nonconforming signs;

(h)

To ensure the fair and consistent enforcement of sign standards; and

(i)

To make it easy, quick and economically efficient to apply for a sign permit.

(a)

In interpreting the provisions of this Article, nothing shall be construed as intent to regulate the content of the message displayed on any sign except to address a compelling public safety concern or to comply with state law.

(b)

It is the intent of this Article to regulate only the number, type, size, height, timing, appearance, construction materials, location and portability of signs to accomplish the purposes set forth in 701.03 above, except as otherwise provided herein.

(a)

Except where specifically not required by the standards of this Article, it shall be unlawful for any person to post, display, materially change, or erect a permanent or temporary sign in the city without first having obtained a sign permit. Notwithstanding the foregoing, signs which are not visible from a public right-of-way, private drive, or from neighboring properties shall not be subject to the standards of this Article.

(b)

Applications for sign permits required by this Article shall be filed in the Community Development and Regulatory Affairs Department upon forms furnished by that office.

(c)

No sign permit shall be issued until the appropriate application has been filed with the Community Development and Regulatory Affairs Department and fees, as set from time to time by resolution of the City Council, have been paid.

(d)

All applicants for signs that incorporate electricity must also obtain an electrical permit.

The applicant shall comply with any additional or varied standards that may apply in the City's overlay districts. See Article 5.

(a)

Processing time.

(1)

Permanent Signs.

a.

The Community Development and Regulatory Affairs Department shall process all complete and accurate sign permit applications within 30 business days of the Department's actual receipt of a complete and accurate application and upon remittance of the appropriate sign permit fee.

b.

The Community Development and Regulatory Affairs Director shall give notice to the applicant of his/her decision by hand delivery, electronic communication (email), or by mailing such notice by certified mail, return receipt requested, to the address on the permit application on or before the 30th business day.

(2)

Temporary Signs.

a.

The City Community Development and Regulatory Affairs Department shall process all complete and accurate sign permit applications within 10 business days of the Department's actual receipt of a complete and accurate application and upon remittance of the appropriate sign permit fee.

b.

The Community Development and Regulatory Affairs Director shall give notice to the applicant of his/her decision by hand delivery, electronic communication (email), or by mailing such notice by certified mail, return receipt requested, to the address on the permit application on or before the 10th business day.

(b)

Decision and Notice.

(1)

Any application meeting the standards of this Article shall be granted.

(2)

Any application not meeting the standards of this Article, or that contains false material statements or omissions, shall be denied. If the decision of the CDRA Director is to deny the application, the decision shall state in writing the grounds upon which the denial is based.

(3)

Failure of the CDRA Department to act within the 30-day period for a permanent sign or within the ten-day period for a temporary sign shall be deemed an approval of the permit. In the case of a permit which would have been issued in error, a de facto out of time approval shall not vest the sign owner with any rights simply due to the permit being granted due to the City's failure to timely act.

(4)

If notice is mailed in conformity with this section, notice shall be deemed to have been given upon the date of mailing.

(c)

Resubmission. A rejected application later resubmitted in conformity with this Article shall be deemed to have been submitted on the date of resubmission, instead of the original submission date. An application which is resubmitted shall meet all the standards for an original application.

(a)

Identification labels. With each sign permit, the CDRA Director shall issue a sticker bearing a number sufficient to reference a valid permit for which the permit is issued. It shall be the duty of the permittee or his agent to affix such sticker to the sign in the lower right-hand area so it is easily seen. The absence of a proper sticker shall be prima facie evidence that the sign has been, or is being, erected or operated in violation of the standards of this Article.

(b)

Inspection. The CDRA Director or his/her designee shall inspect all existing signs in the city to determine if such signs conform to the standards of this Article. Identification stickers shall be provided for all signs in order to identify existing conforming and nonconforming signs.

(a)

A sign permit shall become null and void if the sign for which the permit was issued has not been installed and completed within three months after the date of issuance; provided, however, that where an applicant can demonstrate that an entity was timely engaged to construct the permitted sign, but the fabrication has not yet been completed, one 90-day extension may be granted by the CDRA Director.

(b)

No refunds shall be made for a permit after the permit is issued unless issued in error.

(c)

If later an individual desires to erect a sign at the same location, a new application for the sign must be processed and another fee paid in accordance with the fee schedule applicable at such time.

(a)

Should it be determined that a sign permit was issued pursuant to an application containing a false material statement or omission, the CDRA Director shall revoke said permit and the subject sign shall be immediately removed.

(b)

The permit for any sign not meeting the standards of this Article shall be revoked.

A sign permit rejection, denial, or revocation pursuant to this Section shall be appealable pursuant to the procedures for appeals from an administrative decision as outlined in Article 8.

The Zoning Board of Appeals shall be allowed to grant variances where a hardship has been demonstrated pursuant to the procedures in Article 8. Said variance or variances may only be granted as to number, set back, building material, height, and size or sign style.

(a)

No sign or any part thereof, except authorized traffic signs, shall be located in any government right-of-way.

(b)

No sign may be located any closer than 20 feet to an intersection as measured from the intersection of the two rights-of-way.

(c)

Setback.

(1)

Unless a more restrictive setback is specified in conditions of zoning or otherwise in this Article, all signs shall set back at least ten feet from the right-of-way or 20 feet from the edge of pavement if a private street.

(2)

No sign shall project over the right-of-way, except that small temporary signs shall be allowed to be placed on private property up to the edge of the publicly dedicated right-of-way or ten feet off the edge of pavement on a private road with no dedicated right-of-way.

(3)

Freestanding signs shall be a minimum of 25 feet from an intersection as measured from the intersection of the two rights-of-way and shall be a minimum of 35 feet from any other freestanding signs.

(a)

Area.

(1)

The area of a sign shall be computed as the area within the smallest continuous polygon comprised of not more than eight straight lines enclosing the limits of a sign face, together with any sign face cabinet or frame or material, texture, or color forming an integral part of the sign face used to differentiate the sign face from the structure upon which it is placed.

(2)

If polygons established around wall signs located on the same street-oriented wall are within 24 inches or less of one another, then the area of the sign shall be measured within one continuous polygon.

(3)

The computation of the area of a sign face shall not include the structure, supports, or uprights on which the sign face is placed, other than those parts contained within the polygon that delineates the sign face.

(b)

Changeable copy signs. For manual or electronic changeable copy signs, the sign face area shall include the entire area within which any words, letters, figures, symbols, logos, fixtures, colors, or other design elements may be placed, together with any frame or material, texture or coloring forming the integral part of the sign face or used to differentiate the sign face from the structure upon which it is placed.

(c)

Multi-faced signs. For multi-faced signs, when the sign face surfaces are parallel and are back to back, or where the interior angle formed by the faces is 45 degrees or less, the area of the sign shall be taken as the areas on the largest side. For all other multi-faced signs, the area of the sign shall be the total area on all sides that can be viewed at one time from any angle.

(a)

The height of a sign shall be computed as the distance from the base of the sign structure at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of:

(1)

existing grade prior to construction or

(2)

the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.

(b)

In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zoned lot, whichever is greater (surveyor's certificate required).

(c)

Where the normal grade is below the normal grade of a public street, the sign base can be raised to the elevation of the normal grade of the street before the height limitations are applied (surveyor's certificate required). At no time shall any sign's overall height exceed the zoning district's height limitations.

(a)

Building and safety codes. All signs permitted under this Article shall be constructed and maintained in accordance with the applicable City building and safety codes. The City may remove, after due notice, any sign which shows neglect or becomes dilapidated.

(b)

Sign faces.

(1)

The face of sign shall be flat, with protrusions of no more than two inches to allow for the texture of the sign and words, letters, figures, symbols, logos, fixtures, colors, or other design elements.

(2)

No sign shall be constructed so as to have nails, tacks, or wires protruding there from.

(c)

Illumination.

(1)

Signs, when illumination is permitted and except as otherwise set forth, may be illuminated internally or externally.

(2)

Freestanding signs with external illumination shall have light directed downward.

(3)

Externally illuminated signs shall not exceed 55 foot-candles.

(4)

Electronic changeable copy signs. Electronic changeable copy signs, as defined in this Article, regardless of the technology employed, must conform to the following standards:

a.

All electronic changeable copy signs viewable from a public street or sidewalk shall present only static displays (still pictures and printing). Such signs not viewable from a public street or sidewalk may display movies, animation or video containing motion.

b.

Each static image shall be maintained for a duration of at least ten seconds. The change time between each static image shall be perceived as instantaneous within the capability of the technology employed (generally about 1/10 th of a second).

c.

For signs viewable from a public street or sidewalk, no flashing, scrolling, or other variation in the static image that gives an illusion of movement or variation in light intensity during the display of a single image is allowed.

d.

LED signs. In addition to all other requirements of this Article, LED signs must comply with the following:

1.

All such signs shall be "tri-color" signs or better, in which each pixel consists of a group of at least one red, green and blue LED or similar light emitting device.

2.

Maximum distances between pixels shall be as follows for freestanding signs (including billboards): no more than 16 mm between pixels, measured center-to-center both horizontally and vertically.

3.

All such signs shall be certified by a Nationally Recognized Testing Laboratory (NRTL) recognized by the US Occupational Safety & Health Administration (OSHA) in accordance with 29 C.F.R. 1910.7.

e.

Maximum brightness.

1.

The sign must employ a light sensing device that adjusts the brightness as ambient light conditions change.

2.

The sign shall not operate at a brightness level of more than 0.30 foot candles above ambient light levels measured at 100 feet from the sign (150 feet for sign faces greater than 100 square feet in area), as certified under paragraph (6) below.

(5)

A fail-safe device shall be installed that, in the event of a failure of the light sensing device, drops the brightness level to the lowest night-time level allowed, regardless of the time of day.

(6)

As part of an application for a sign permit, the sign owner must provide the City with a written statement from the installer that the sign will comply with the City's brightness requirements and all other requirements of this Section and shall certify to such compliance within 30 days after installation of the sign.

(7)

Operation of an electronic changeable copy sign in violation of any provision of this Section, including overriding the sign's light-sensing or fail-safe devices, may result in the disconnection of the electrical power supply to the sign at the owner's expense, under the procedures of this Article.

(d)

Landscaping. Landscaping, weeds, and grass shall be kept cut in front of, behind, underneath, and around the base of freestanding signs.

(e)

Materials and color.

(1)

Freestanding sign structure/base materials shall match the principal building material.

(2)

Any architectural color standards of an applicable overlay district apply only to the sign structure not to the sign face.

(a)

Wall signs may be allowed to extend up to 15 inches from any wall, building or structure when a raceway is utilized. Raceways shall be painted to match the color of the exterior walls to which they are attached.

(b)

Wall signs shall not cover architectural features or details, and not extend beyond the horizontal roof line or vertical edges of the building.

(c)

Except for principal anchor stores, wall signs shall be uniform in alignment and height in developments in which multiple businesses share a building.

In addition to applicable requirements in this Section 706 and Article, the following apply to specific temporary signs:

(1)

Temporary signs shall not be internally illuminated.

(2)

The allowed duration of temporary sign placement, including banners, is indicated in the tables under Section 707, with the exception that political signs are not subject to time limits in accordance with O.C.G.A § 16-7-58.

(3)

Banners. No banner shall be mounted so as to extend above the horizontal plane of the roof where the building wall and roof meet or shall not extend more than five feet above grade when on the ground.

(4)

Feather flag signs. Feather flag signs must be located outside of the public right-of-way and any clear vision triangle.

Billboards shall be located according to the following standards:

(a)

Along, and oriented toward, state numbered primary routes or national highways only;

(b)

At least 500 feet from all residential or AG-1 zoning districts;

(c)

Minimum 100-foot setback from right-of-way;

(d)

Minimum of 1,500 feet from any other billboards;

(e)

The lot on which the billboard is located shall have sufficient area to accommodate the fall zone, and excepting the sign, no buildings, structures, or appurtenances shall be contained in the fall zone;

(f)

Be in compliance with applicable height standards for the district in which located; and

(g)

Conform to state law. Any billboard located or to be located within 660 feet of the nearest edge of the right-of-way of a U.S. or State-numbered highway, or located or to be located beyond 660 feet of such highway but visible and intended to be read from such highway, must comply with the following:

(1)

Such sign shall comply with all applicable requirements of the Georgia Outdoor Advertising Act, O.C.G.A. § 32-6-70 et seq.

(2)

In the case of a conflict between the Georgia Outdoor Advertising Act and this Article, the billboard must comply with the most restrictive requirements with respect to each and every item of regulation.

(3)

A permit issued by the State of Georgia for the billboard is required as a prerequisite for issuance of a building permit by the City.

(a)

Every principal freestanding sign, or wall or window sign if there is no freestanding sign, shall contain the street number of a size equivalent to the predominant size of the letters and numbers on the sign.

(b)

Nothing in this section shall prohibit information on the sign from being written in a language other than English, provided that an English translation of the sign is included with the application for a sign permit.

See Table 7-1 Allowed Signs in Agricultural and Residential Zoning Districts for requirements.

Table 7-1 Allowed Signs in Agricultural and Residential Zoning Districts

See Table 7-2 Allowed Signs in Office, Commercial and Mixed Use Zoning Districts for requirements.

Table 7-2 Allowed Signs in Office, Commercial and Mixed Use Zoning Districts

See Table 7-3 Allowed Signs in Industrial Zoning Districts for requirements.

Table 7-3 Allowed Signs in Industrial Zoning Districts

(a)

The City may order the removal of any sign in violation of this Article by written notice to the permit holder and/or property owner if there is no permit holder of record; or if there is no permit holder, then to the owner of the sign; or if the sign owner cannot be found or cannot be determined, then to the sign erector and any party that procured the erection of the sign. If a permit has been issued, such notice shall operate to revoke the permit.

(b)

The written notice shall recite the language of the violated section of this Article.

If the sign is not removed within the time allowable pursuant to Section 710.05 below, the City shall remove or cause to be removed the sign and collect the costs thereof as provided below.

The City shall have removed any sign in violation of this Article, without giving notice to any party, if:

(a)

Said sign is upon the public right-of-way or upon other public property or upon the pavement of a private street or drive; or

(b)

Said sign poses an immediate safety threat to the life or health of any members of the public.

Other than signs located in a public right-of-way, a sign shall be removed by the City after a final determination by a court that the sign is unlawful and should be removed. If the permittee or property owner fails to remove the sign, the sign may be immediately removed and disposed of by the City with all costs to be paid by the permittee or property owner. If permittee or property owner fails to pay within 30 days a lien shall be filed on said property for the incurred expenses.

No person shall erect on any premises owned or controlled by that person any sign which does not comply with the standards of this Article.

No person shall maintain or permit to be maintained on any premises owned or controlled by that person any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the permittee of the sign, the owner of the premises, or as otherwise provided for in this Article.

Each sign installed, created, erected or maintained in violation of this Article shall be considered a separate violation when applying the penalty portions herein.

Any sign erected or maintained in violation of this Article is hereby declared to be a public nuisance.

(a)

The CDRA Director shall give the permittee or sign owner 24 hours to 30 days written notice, based on the practical considerations of completing measures to comport with the standards of this Article, to correct the deficiencies or to remove the sign(s) which is in violation of this Article.

(b)

The written notice shall recite the language of the violated section of this Article.

(c)

If the permittee or sign owner refuses to correct the deficiencies or remove the sign, the CDRA Director will have the sign removed at the expense of the permittee or sign owner.

(a)

If any sign or other device covered by this Article is, or is proposed to be, erected, constructed, altered, converted or used in violation of any provision of this Article, the CDRA Director or his/her designee shall issue a citation.

(b)

Additionally, the City may seek an injunction for a continuing violation or take other appropriate action to prevent such unlawful erection, construction, alteration, conversion or use to correct or abate such violation.

(c)

Any violation of this Article shall be an offense, and the violator shall be subject to a fine of up to $1,000.00 per day, per citation, imprisonment for up to 60 days, or both.