The mayor and city council find that signs provide an important medium through which individuals may convey a variety of messages. However, left completely unregulated, signs can become a threat to public safety as a traffic hazard and detriment to property values and the city's overall public welfare as an aesthetic nuisance. In addition with the volume of traffic in the city, uniform regulation of signage providing directional, commercial and non-commercial information to the public is essential.

By enacting this amendment, the mayor and council intend to:

(a)

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

(b)

Further the objectives of the city's comprehensive plan;

(c)

Promote signs which are compatible with their surroundings;

(d)

Protect the public health, safety, and welfare;

(e)

Reduce traffic and pedestrian hazards;

(f)

Maintain the historic image of the city;

(g)

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

(h)

Promote economic development; and

(i)

Ensure the fair and consistent enforcement of sign regulations.

(Ord. No. 2007-07, § 1, 3-19-2007)

For the purposes of this article, certain terms and words are hereby defined. Words used in the present tense shall include the future, the singular number shall include the plural, and the plural the singular, the word "shall" is mandatory and not directory, the word "person" includes a firm, organization, partnership, trust, and corporation, and the word "city" shall mean the City of Sylvester, Georgia.

As used in this article, unless the context otherwise indicates, the following words and terms have the meaning ascribed to them:

Aggregate sign area shall mean the area of all signs on a parcel, excluding the area of one face of all double-faced signs and excluding any temporary signs.

Animated sign shall mean a sign with action, motion, or changing colors which requires electrical energy. This definition does not include signs that indicate only time, temperature, date or any combination thereof.

Area of sign/sign area shall mean the smallest square, rectangle, triangle, circle or combination thereof, which encompasses one face of the entire sign, inclusive of any border and trim but excluding the base, apron, supports or other structural members.

Awning sign shall mean a sign located on a roof-like cover extending before a place as a shelter and which may be used in lieu of a wall sign.

Banner shall mean any hanging sign possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. This classification shall not include plastic or fabric signs which are permanently attached within a rigid frame which are intended to be used as a permanent sign. National flags, flags of political subdivisions and symbolic flags of any institution or business shall not be considered banners for the purpose of this ordinance.

Billboard sign shall mean any sign with a sign area exceeding 60 square feet.

Double-faced sign shall mean a sign which has two display areas placed back to back against each other or where the interior angle formed by the display areas is 60 degrees or less, where one face is designed to be seen from one direction and the other face from another direction.

Freestanding sign shall mean a sign securely affixed to a support structure which is permanently attached to the ground and wholly independent of any building for support such as monument or stanchion signs.

Illuminated sign shall mean a sign that has light cast upon the sign from a source either internal to the sign or from an external light source directed primarily toward such sign.

Monument sign shall mean a freestanding sign mounted directly upon the ground. Such sign may not be attached to or be supported by the building in or to which the sign applies.

Non-conforming sign shall mean any sign which does not conform to the provisions of the article that was legal at the time of its erection.

Parcel shall mean a separate tax unit of real property on county real estate records.

Portable sign shall mean any sign which is capable of being transported, either by trailer or on its own wheels.

Roof sign shall mean a sign attached to or supported by the roof of a building which extends above the immediately adjacent roof line of the building.

Sign shall mean a device or representation for visual communication which is used for the purpose of bringing the subject matter thereof to the attention of others.

Stanchion sign shall mean a freestanding 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.

Wall sign shall mean a sign fastened, placed or painted upon or parallel to the exterior wall of the structure itself, whether front, rear or side of the structure.

Window sign shall mean a sign installed flush with or on a window and intended to be viewed from the outside.

(Ord. No. 2007-07, § 1, 3-19-2007)

(a)

Except as specifically excluded from the provisions of this ordinance, it shall be unlawful for any person to post, display, substantially change, or erect a sign in the city without first having obtained a sign permit.

(b)

Existing signs which conform to the provisions of this ordinance that would be required to obtain a permit under the regulations of this ordinance must register with the city within 90 days of the effective date of this ordinance. The information provided for registration will be the same information required in a permit application under section 18.04. No permit fee will be required for the registration of existing signs.

(c)

Upon the approval of a permit application, the zoning administrator or his/her designee shall issue a sticker bearing the same number as the permit with which it 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 will be 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 provisions of this article. Stickers may be color coded.

(d)

The zoning administrator or his designee shall inspect all existing signs and advertising devices in the city to determine if such signs or devices conform to the provisions of this article. Identification stickers shall be provided for all signs in order to identify existing conforming and nonconforming signs.

(Ord. No. 2007-07, § 1, 3-19-2007)

The following types of signs or advertising devices shall be deemed temporary signs and shall be permitted only by issue of a special permit.

(a)

Inflatable signs;

(b)

Banners;

(c)

Signs for new businesses with no permanent sign provided that such sign does not exceed 30 square feet in sign area;

(d)

Search lights and similar devices; and

(e)

Portable signs which do not exceed 40 square feet.

Any temporary sign shall be erected for no more than 14 consecutive days. No such temporary permit shall be issued for the same premises at less than four-month intervals. Each parcel shall be allowed not more than two temporary signs, and each parcel containing multiple businesses shall be allowed not more than four temporary signs.

Temporary permits shall be obtained in the same manner as provided in section 18.05. All temporary signs are subject to all provisions of this article.

(Ord. No. 2007-07, § 1, 3-19-2007)

Applications for sign permits required by this ordinance shall be filed by the sign owner or the owner's agent with the city clerk or such other person as may be designated by the city council. The application shall describe and set forth the following:

(a)

The street address of the property upon which sign is to be located and a plat map of the property which bears an indication of the proposed location of the sign.

(b)

The aggregate area of signs on the parcel.

(c)

The name and address(es) of the owner(s) of the real property upon which the subject sign is to be located.

(d)

Consent of the owner, or of the owner's agent, granting permission for the placement or maintenance of the sign.

(e)

Name, address, phone number and business license number of the sign contractor.

(f)

The type of sign to be erected, the area of the sign, the height of the sign, the shape of the sign, and an explanation of how the sign is to be mounted or erected.

(g)

The distance from the closest adjacent sign in either direction.

(h)

The size of the parcel on which the sign is to be placed.

(i)

All applicants for electrical signs must obtain an electrical permit.

(j)

All applications for signage shall be on a form provided by the zoning department.

(Ord. No. 2007-07, § 1, 3-19-2007)

The city shall process all sign permit applications within 30 business days of the city's actual receipt of a completed application and a sign permit fee. The clerk shall give notice to the applicant of the decision of the city by hand delivery or by mailing a notice, by certified mail, return receipt requested, to the address on the permit application on or before the 30th business day after the city's receipt of the completed application. If mailed, notice shall be deemed to have been given upon the date of mailing in conformity with this section. If the city fails to act within the 30-day period, the permit shall be deemed to have been granted.

(Ord. No. 2007-07, § 1, 3-19-2007)

(a)

Procedure. The city shall deny permits to applicants that submit applications for signs that do not comply with the provisions of this ordinance, incomplete applications, and applications containing material false statements. Violation of any provision of this ordinance will be grounds for terminating a permit granted by the city for the erection of the sign. Should it be determined that a sign permit was issued pursuant to an incomplete application or an application containing a false material statement, or that a permit has been erroneously issued in violation of this ordinance, the clerk shall revoke the permit. Should the city deny a permit, the reasons for the denial are to be stated in writing and mailed by certified mail, return receipt requested or via hand delivery to the address on the permit application on or before the 30th business day after the city's receipt of the application. Any application denied and later resubmitted shall be deemed to have been submitted on the date of re-submission, instead of the date of original submission. No permit shall be denied or revoked, except for due cause as hereinafter defined, and the applicant is granted a public hearing before a hearing officer designated by the city. The applicant will be given ten days written notice of the time, place and purpose of the hearing, with a statement of the reason for the denial of the permit application, or the revocation of a permit. "Due cause" is the violation of the provisions of this ordinance, state or federal law related to signage, or the submission of an incomplete application or an application containing false material statements.

(b)

Appeal. An individual whose permit application has been denied or a permittee whose permit has been revoked may appeal the decision of the hearing officer to the city council provided that they file written notice of an appeal with the city clerk within ten business days of the hearing officer's decision. Such appeal shall be considered by the council at the next city council meeting held after the city's receipt of the written notice of appeal, provided that notice of appeal is received a minimum of two full business days before the meeting. If the appeal is not heard at such meeting, it shall be heard at the next regular meeting of the council thereafter. The council shall make a final determination no later than 30 business days from the date of the hearing. In the event an individual whose permit has been denied or revoked is dissatisfied with the final determination of the city council, he or she may petition for writ of certiorari to Worth County Superior Court as provided by law.

(Ord. No. 2007-07, § 1, 3-19-2007)

A sign permit shall become null and void if the sign for which the permit was issued has not been completed and installed within six months after the date of issuance. No refunds will be made for permit fees paid for permits that expired due to failure to erect a permitted sign. If later an individual desires to erect a sign at the same location, a new application must be processed and another fee paid in accordance with the fee schedule applicable at such time.

(Ord. No. 2007-07, § 1, 3-19-2007)

No permit shall be issued until the appropriate application has been filed with the zoning administrator and fees have been paid. The cost of a permit for a temporary sign shall be [$15.00]. The cost of a permit for any other sign shall be [$50.00].

(Ord. No. 2007-07, § 1, 3-19-2007)

The following types of signs are prohibited throughout the city:

(a)

Roof signs;

(b)

Rotating or animated signs or any sign which requires either natural or artificial wind current for motion or gives the appearance of movement;

(c)

Signs on public rights-of-way other than publicly owned or maintained signs;

(d)

Window signs which exceed 30 percent of the window area;

(e)

Signs which contain words, pictures, or statements which are obscene, as defined by the Official Code of Georgia Annotated § 16-12-80;

(f)

Signs that depict nudity or sexual conduct as such terms are defined by the Official Code of Georgia Annotated § 36-6-52;

(g)

Signs which simulate an official traffic control or warning sign or hides from view any traffic or street sign, signal or public service sign;

(h)

Signs which emit or utilize in any manner any sound capable of being detected on any traveled road or highway by a person with normal hearing;

(i)

Signs which interfere with road or highway visibility or obstruct or otherwise interfere with the safe and orderly movement of traffic;

(j)

Signs erected by nailing, fastening or affixing the sign in any manner to any tree, post, curve, utility pole, or other structure except set forth herein;

(k)

Sidewalk or curb-type signs;

(l)

Flashing, blinking, or varying light intensity signs except time, temperature and date;

(m)

Signs displayed on courtesy benches, trashcans, and similar devices; and

(n)

Portable signs which exceed 40 square feet.

(Ord. No. 2007-07, § 1, 3-19-2007)

Other than subdivision entrance signs allowed under section 18.12, parcels located in residential zoning districts or parcels on which there is located a residential dwelling unit shall not have an aggregate sign area of greater than 13 square feet. Signs having a height greater than five feet above the grade level of the adjacent street to which the parcel on which the sign is located shall not be located in residential zoning districts or on parcels on which there is located a residential dwelling unit.

(Ord. No. 2007-07, § 1, 3-19-2007)

Platted residential subdivisions consisting of more than two parcels may erect one monument sign at each entrance to the subdivision. Such sign shall not exceed a height of five feet above grade level of the adjacent street and shall not have a sign area greater than 25 square feet. Such entrance signs shall not count toward the maximum allowable signage on a residential parcel.

(Ord. No. 2007-07, § 1, 3-19-2007)

The following height requirements shall be applicable to signs located in non-residential zoning districts:

(a)

No sign shall exceed 16 feet in height at the highest point on the sign.

(b)

Monument signs shall not exceed six feet in height.

(c)

All sign heights shall be measured from the grade level of the adjacent street to which the property on which the sign is located has access. The level of the ground shall not be altered in such a way as to provide additional sign height.

(d)

Maximum height of signs shall be determined by the amount of road frontage according to the following:

(1)

0 to 100 ft. of frontage - 10 ft.

(2)

100 to 200 ft. of frontage - 12 ft.

(3)

201 or greater frontage - 16 ft.

(Ord. No. 2007-07, § 1, 3-19-2007)

(a)

No freestanding sign may be located within 30 feet of the intersection of street right-of-way lines extended.

(b)

No sign shall be located on any building, fence or other property belonging to another person without the consent of the owner, and as permitted under the provisions of this ordinance.

(c)

Billboard signs.

(1)

Billboard signs shall be allowable as a conditional use and thus are subject to the provisions of section 4.17 hereof.

(2)

Billboard signs shall not exceed 672 square feet of sign area. Billboard signs shall not exceed 14 feet in height and 48 feet in length.

(3)

Billboard signs shall only be located on parcels C-2 general commercial districts and manufacturing districts.

(4)

Billboard signs shall be only be located on parcels adjacent to designated state or federal highways.

(5)

No billboard sign shall be located within 500 feet of another billboard sign.

(6)

No billboard sign shall be located within 300 feet of residential zoned parcels or on parcels on which there is a residential dwelling unit.

(7)

No billboard shall be located within 500 feet in any direction of a public park, public playground, public recreation area, public forest, scenic area, church or cemetery; provided however, that such sign may be located within 500 feet of a public park, public playground, public recreation area, public forest, scenic area, church or cemetery when the sign is separated by buildings or other obstructions so that the sign located within the 500-foot zone is not visible from the public park, public playground, public recreation area, public forest, scenic area, church or cemetery.

(d)

Stanchion signs.

(1)

Stanchion signs shall not exceed 60 square feet.

(2)

Stanchion signs shall only be located on property in commercial or industrial zoning areas.

(e)

Monument signs. Monument signs shall not exceed 60 square feet of total area, which shall include signage and structure.

(f)

Wall and awning signs.

(1)

Wall and awning signs shall not be placed on any roof or on top of any structure.

(2)

Wall signs shall not project beyond the building face. Awning signs shall not project beyond the building face by more than four feet.

(3)

The allowable wall and awning sign area for each street facing wall shall not exceed one square foot per linear foot of the building or portion thereof occupied facing the street.

(4)

The maximum wall or awning sign height shall be ten feet.

(5)

Wall signs shall only be located on property in commercial or industrial zoning areas.

(6)

Each building tenant shall be limited to one wall or awning sign on each street facing wall.

(g)

Maximum aggregate sign area. Parcels may contain more than one sign, provided that:

(1)

Parcels exceeding three acres shall be allowed a maximum aggregate sign area for the entire parcel of 180 square feet.

(2)

Parcels less than three acres but greater than 30,000 square feet shall be allowed a maximum aggregate sign area for the entire parcel of 120 square feet.

(3)

Parcels less than 30,000 square feet shall be allowed a maximum aggregate sign area for the entire parcel of 60 square feet.

(4)

These limits shall not include the area of any wall or billboard signs located on the parcel

(5)

These limits shall include the area of all freestanding signs on the parcel.

(Ord. No. 2007-07, § 1, 3-19-2007)

(a)

All signs for which a permit is required under this article shall be constructed and maintained in accordance with the provisions of the city building code.

(b)

Signs for which a permit is not required under this article that are constructed of degradable material may be posted for a maximum of 60 days unless replaced with another sign of the same material. Any such replacement signs may be posted for a maximum of 60 days.

(Ord. No. 2007-07, § 1, 3-19-2007)

(a)

Nonconforming signs, which met all legal requirements when erected, may stay in place, provided that within 90 days of the effective date of this article the owner of the nonconforming sign or his designee registers the sign with the city. Such registration shall contain the information listed in section 4(a) [18.05(a)] and shall specify the sign being registered as non-conforming and shall state that the sign was completely installed before the effective date of this article. The payment of a fee is not required for the registration of a non-conforming sign. Nonconforming signs shall be permitted until one of the following conditions occurs:

(1)

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

(2)

The sign has been damaged by circumstances beyond the control of the owner to the extent that more than minor repairs are required to restore the sign;

(3)

Ninety days has expired from the effective date of this article without the sign being registered.

(b)

No structural repairs, change in shape, size or design, shall be permitted except to make a nonconforming sign comply with the requirements of this article.

(c)

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

(Ord. No. 2007-07, § 1, 3-19-2007)

Variances shall be limited to the minimum relief necessary to overcome hardship. No variance shall be granted to allow a greater number of signs than would be allowed if the hardship did not exist. A variance from compliance with the sign regulations of this article shall be limited to the following hardship situations:

(a)

Where the proximity of existing signs on adjoining lots causes the subject property to be ineligible, due to spacing requirements, for a sign of the type sought; or

(b)

Where visibility of a conforming sign from the public street and within 50 feet of the proposed sign would be substantially impaired by existing trees, plants, natural features, signs, buildings or structures on a different lot; and

(c)

Placement of the sign elsewhere on the lot would not remedy the visual obstruction; and such visibility obstruction was not created by the owner of the subject property; and the variance proposed would not create a safety hazard to traffic.

Variance applications shall be submitted to the council and shall be heard under the same rules governing appeals.

(Ord. No. 2007-07, § 1, 3-19-2007)

(a)

Safety signs, danger signs, traffic and street signs erected by a public officer in the performance of his or her duties shall be exempt from all provisions of this article.

(b)

The following types of signs shall be exempt from the permit requirements of section 18.03 and shall not count toward the maximum aggregate sign area limits provided in section 18.14(g):

(1)

Memorial plaques and historical markers erected by a public officer in the performance of his or her duties;

(2)

Public notices and other notices erected by a public officer in the performance of his or her duties;

(3)

Non-illuminated signs, having a sign area of less than six square feet, provided they are not located in the public right-of-way.

(4)

Window signs installed for the purposes of viewing from outside the premises. However, such signs shall not exceed six square feet or cover more than 25 percent of the available window space.

(5)

Numerals displayed for purposes of identifying property location.

(6)

Displays located outside of the public right-of-way that are erected for a maximum period of 30 days no more than twice a year.

(7)

Any sign not visible from a public street or neighboring parcel.

(c)

Every parcel may display no more than two flags that shall not count toward the maximum aggregate sign area limits provided in section 18.14(g) without obtaining a permit. Flagpoles in residential zoned districts or on parcels on which there is a residential dwelling unit shall not exceed 25 feet in height or the height of the primary structure, whichever is less. Flagpoles in commercial or industrial zoned districts shall not exceed 60 feet in height or the height of the primary structure, whichever is less. The dimensions of any flag shall be proportional to the flagpole height such that the hoist of the flag shall not exceed 50 percent of the vertical height.

(Ord. No. 2007-07, § 1, 3-19-2007)

Illumination for signs shall not cast light on adjoining property or shine in such a manner as to cause traffic interference. Lighting must adhere to the following:

(a)

The light from any illuminated sign shall not be of an intensity or brightness which will interfere with the peace, comfort, convenience, and general welfare or residents or occupants of adjacent properties.

(b)

No sign shall have blinking, flashing or fluctuating lights or other illuminating devices which have a changing light intensity, brightness or color except those depicting only time, temperature or date.

(c)

No colored lights shall be used at any location or any manner so as to be confused with or construed as traffic control devices.

(d)

Neither direct nor reflected light from primary light sources shall create a hazard for operators of motor vehicles.

(Ord. No. 2007-07, § 1, 3-19-2007)

(a)

All signs shall be maintained in good condition as to present a neat and orderly appearance. The city may, after due notice, issue a citation to any permittee for any sign which shows gross neglect or becomes dilapidated. Such due notice shall be in writing, shall specify the sign and location, and shall state that the sign has not been properly maintained. The city shall give the permittee ten days to rectify the condition or remove the dilapidated sign before issuing a citation.

(b)

The city may issue a citation for violation of this article by any sign erected, altered, converted, or used in violation of this article.

(c)

Any person violating any provision of this article shall be liable for a fine of $150.00 for each violation. Each day a sign is posted in violation of this article shall constitute a separate violation.

(Ord. No. 2007-07, § 1, 3-19-2007)

In the event any section, subsection, sentence, or word of this ordinance is declared and adjudged to be invalidated or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this article, which shall remain in full force and effect as if such portion so declared or adjudged unconstitutional were not originally part of this article. The city governing authority declares that it would have enacted the remaining parts of this article if it had known that such portion thereof would be declared or adjudged invalid or unconstitutional.

(Ord. No. 2007-07, § 1, 3-19-2007)