(a)

The City of Vidalia finds that 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 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)

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 advertising for the benefit of all the city's citizens.

(c)

The city further finds that there is a substantial difference between signs erected by public authority and signs erected by private citizens or businesses. Signs erected by public authority are virtually all erected for the purpose of maintaining the public safety either through direct control of traffic or through provision of such type signage as street signs which enable the traveling public to know where they are located and to find where they are going. As such, with the exception of signs identifying government buildings, virtually all government signs are erected purely for public safety purposes. Moreover, their use in the public right-of-way is necessary to ensure their visibility to the motoring public. The mayor and council finds that public utility signs are frequently of the same nature as those signs erected by governmental entities in that they provide necessary information to safeguard the public from downed power lines and from street excavations. Even where signs serve a propriety purpose, such as identifying markings on utility poles, public utility signs are marked primarily for the purpose of benefiting the public generally through identification of locations where there may be temporary losses of power.

(d)

The city finds that some signage has a single targeted function and that identification of such signage by description is impossible without referring to its function. For instance, address numerals are used for the sole purpose of providing addresses, which is of benefit to persons looking for those addresses and is essential to public safety personnel responding to emergencies. Signs at the entrances to subdivisions or major developments favor a similar purpose in enabling both the traveling public and emergency personnel to quickly locate entrances for the purpose of either visitation or responding to emergency calls. While such signage is referenced based upon the function it serves within the context of this ordinance, the provisions of this Ordinance are unrelated to the content of the speech provided and allow maximum expressive potential to sign owners. The city further finds that holiday decorations such as strings of light are not signs, but rather seasonal ornamentation not controlled by this Ordinance.

(e)

The purposes of this article are to encourage the effective use of signs as a means of communication within the city; to maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; to enable the fair and consistent enforcement of this chapter.

(f)

In considering the appropriate level of sign regulation for the City of Vidalia, the mayor and council have considered planning studies, reports, news articles and related information from a variety of sources. The mayor and council have determined that high intensity full color LED signs pose unique and substantial hazards to traffic caused by a higher level of distractibility than monochrome LED signs. In addition, the high intensity full color LED signs are inconsistent with the aesthetic standards established for major thoroughfares running through the city.

(Ord. of 4-22-09)

Words and phrases used in this article shall have the meaning set forth in this zoning ordinance. Words and phrases not defined by this the zoning ordinance, but defined in other city ordinances, shall be given the meanings set forth in such ordinances. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Article, division, and section headings or captions are for reference only and shall not be used in the interpretation of this article.

(Ord. of 4-22-09)

This chapter is enacted pursuant to Article IX, Section II, Paragraph IV of the Georgia Constitution of 1983, the Charter of the City of Vidalia, the general police powers of Vidalia and other authority provided by federal, state or local laws applicable hereto.

(Ord. of 4-22-09)

Signs shall be erected, placed, established, painted, created and maintained in accordance with the physical standards outlined in this article.

(Ord. of 4-22-09)

It is not the intent of this article to regulate the content of speech through signage controls. To the extent any court of competent jurisdiction interprets any provision of this article to restrict the content of speech; it is the intent of the city council that all allowable signs may display a noncommercial message in addition to, or in lieu of, any other message.

(Ord. of 4-22-09)

No variances from the requirements of this article shall be granted.

(Ord. of 9-29-09(2))

(a)

Generally. Except as otherwise provided in subsections (b) and (c), the area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, color, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets other regulations of the city and is clearly incidental to the display itself.

(b)

Area of multi-faced signs. The sign area of signs with more than one (1) sign face shall be computed by adding together the area of all sign faces visible from any one (1) point. When two (2) sign faces are placed back to back, so that both faces are parallel, and when such sign faces are part of the same sign structure and are not more than forty-two (42) inches apart, the sign area shall be computed by the measurement of the larger of the two (2) faces.

(c)

Area of monument signs. The computation of the sign area of a monument sign shall include the entire monument structure, as measured from the top to ground and side to side, upon which any words, letters, figures, symbols, logos, fixtures, colors or other design elements occur.

(Ord of 4-22-09)

The following signs are allowed on private property without obtaining a permit:

(1)

Address numerals not exceeding four (4) inches in height in residential districts or eight (8) inches in height in commercial and industrial districts.

(2)

Flags, provided that no flag shall exceed twenty-four (24) square feet in area in any residential zone or sixty (60) square feet in area in any commercial, industrial or institutional zone and shall not be flown from a pole, the top of which is higher than twenty-five (25) feet in any residential zone or forty (40) feet in height in any commercial or industrial zone. The number of flags allowed without permit shall not exceed two (2) per parcel. Any flag not meeting any one (1) or more of these standards shall be considered a banner and shall be subject to regulation as such.

(3)

Standard informational signs of less than four (4) square feet in sign area that otherwise meet the standards of this chapter.

(Ord. of 4-22-09)

Those areas of a planned unit development that are subject to single-family residential use shall follow the sign standards for single-family residential use. Those areas of a planned unit development that are used other than for single-family use shall follow the sign standards for other developed property.

(Ord. of 4-22-09)

(a)

No person shall erect a sign on public property other than the governmental entity responsible for such property or public utility companies or contractors occupying or working on public property pursuant to governmental contract or franchise. Such public utility companies and contractors occupying or working on public property shall be limited to temporary traffic control signage meeting state specifications for on-going work in street rights-of-way and necessary signage to identify fixtures for public safety response in the event of emergency.

(b)

Any sign erected or installed on public property in violation of this section shall be forfeited to the public and subject to confiscation and removal by the city without notice. In addition to other remedies provided by this chapter, the city shall have the right to recover from the owner or person posting such a sign the full cost of removal and disposal of the sign.

(Ord. of 4-22-09)

(a)

Signs shall be set back at least ten (10) feet from the curb, or pavement edge on streets with no curb, and at least fifty (50) feet from any adjacent parcel designed or intended for single-family residential use.

(b)

No freestanding sign shall be closer than twenty-five (25) feet from any other freestanding sign.

(Ord. of 4-22-09)

No sign shall be placed on any private property without first obtaining the consent of the owner or owner's agent of the private property; however, no sign shall be erected in violation of any section of this ordinance. Any sign located on private property in compliance with the terms of this ordinance shall be included in the allowable aggregate computation for the activity to which it refers.

(Ord. of 4-22-09)

The following signs are prohibited at all locations in the city:

(1)

Obsolete or abandoned signs.

(2)

Signs not structurally safe, clean, or in good repair.

(3)

Signs attached to, drawn, or painted upon trees, rocks, or other natural features.

(4)

Reserved.

(5)

Signs emitting or utilizing in any manner any sound capable of being detected on a public road or adjoining property by a person of normal hearing.

(6)

If illuminated, signs containing, including, or illuminated by any flashing, intermittent, or moving lights except those contained in allowable changeable copy signs.

(7)

If illuminated, the illumination is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with the operation of any motor vehicle.

(8)

If illuminated, the illumination is such that it interferes with the effectiveness of, or obscures, an official traffic sign, device, or signal.

(9)

Signs containing more than one (1) face visible from the same direction on the main traveled way. Double-faced, back-to-back constructed signs shall, for the purpose of determining compliance with size and spacing limitation, be considered as one (1) sign.

(10)

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

(11)

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

(12)

Roof signs.

(13)

Signs displaying any obscene message as obscenity is defined by U.S. Supreme Court decisions.

(14)

Signs which obstruct any fire escape, any means of egress or ventilation, or prevent free passage from one (1) part of a roof to any other part thereto; signs attached in any manner to any fire escape.

(15)

Signs placed on any utility pole, light pole, telephone pole or similar utility fixtures, other than identification labels attached by the owner of those poles and fixtures.

(16)

Reserved.

(17)

Billboards located less than two thousand five hundred (2,500) feet from another billboard.

(Ord. of 4-22-09; Ord. of 7-8-13(1) )

Electronic reader board/ message center/changeable copy signs are allowed to a maximum size area of thirty-two (32) square feet in the C-3 Commercial and Industrial zones, twenty-four (24) square feet in the C-2 Commercial zones, and twenty (20) square feet in the C-1 Commercial zones. The changeable copy signs will be included in the maximum square footage size allowed for signs.

(Ord. of 4-22-09; Ord. of 7-8-13(1) )

(a)

All permanent signs hereafter erected, replaced, reconstructed, altered, relocated or modified within the city shall conform with the requirements of the building and electric codes adopted by the city. Where the provisions of the building or electrical code and this chapter conflict or overlap, the most stringent requirement shall prevail and be controlling.

(b)

All permanent signs hereafter erected, replaced, reconstructed, repaired, altered or relocated within the city shall conform to all ordinances of the city. In the event of conflict between the provisions of this article and the other city ordinances, the most stringent requirement shall prevail and be controlling.

(Ord. of 4-22-09)

The provisions of this article apply to all properties zoned single-family residential, properties used or intended for single-family residential occupancy, and town homes, as well as properties in planned unit development districts designed and intended for single-family residential occupancy. Institutional uses located in single-family residential zones are governed by division 4 rather than this division.

(Ord. of 4-22-09)

Parcels designed and intended for single-family residential occupancy are limited to an aggregate sign area of eight (8) square feet.

(Ord. of 4-22-09)

No sign shall be erected on a single-family parcel to a height greater than four (4) feet.

(Ord. of 4-22-09)

Each residential lot is allowed one (1) freestanding sign.

(Ord. of 4-22-09)

In addition to any other signs authorized by this division, such property may contain standard information signs, subject to the aggregate sign area allowance, without a permit or fee, placed so that they are located entirely on private property.

(Ord. of 4-22-09)

In addition to any other signs authorized by this division, if such property is located at the entrance to any residential subdivision, then such property may contain no more than one (1) permanent sign per entrance. Such signs may be lighted by single-flood indirect lighting only, which may not be directed onto the street or vehicular traffic.

(Ord. of 4-22-09)

All signs erected on single-family parcels shall be supported by independent means by use of a wooden stake or metal frame inserted directly into the ground.

(Ord. of 4-22-09)

No sign erected in a single-family residential district may be illuminated except as allowed under section 1935.

(Ord. of 4-22-09)

The provisions of this article apply to all properties zoned and intended for commercial, institutional, industrial and multifamily use, as well as properties in planned unit developments designed and intended for such uses.

(Ord. of 4-22-09)

Freestanding signs may consist of either stanchion signs or monument signs.

(a)

Stanchion signs.

1.

Number. Stanchion signs shall be limited to one (1) sign per parcel per street frontage. Where a parcel has frontage on more than one (1) street, one (1) stanchion sign shall be allowed on each frontage.

2.

Height. Stanchion signs shall be erected to a height of no more than eighteen (18) feet in the C-1 district, twenty-five (25) feet in the C-2 district, and thirty-five (35) feet in the C-3 and Industrial districts.

3.

Sign area.

a.

Stanchion signs shall not exceed one hundred fifty (150) square feet in sign area for signs fronting on Highways 130, 280, 292 and 297.

b.

Stanchion signs shall not exceed thirty-five (35) square feet in sign area for those signs fronting surface streets.

(b)

Monument signs. Monument signs may be erected in lieu of stanchion signs at the option of the sign owner. No monument sign shall exceed eighteen (18) feet in height. Monument signs fronting Highways 130, 280, 292 and 297, and shall not exceed sixty (60) square feet in sign area. Monument signs fronting surface streets shall not exceed thirty-five (35) square feet in sign area.

(Ord. of 4-22-09; Ord. of 11-12-12(2) )

(a)

Building signs may include a combination of wall, canopy, marquee, projecting, and awning signs. Building signs shall be limited to two (2) signs per street frontage per building. Window signs must be mounted inside of windows or made of a material suitable for outdoor use so as not to become litter.

(b)

The aggregate sign area of all building signs shall be no more than ten (10) percent of the total store frontage, not to exceed one hundred sixty (160) square feet.

(c)

Wall signs shall not project more than six (6) inches from the surface upon which they are mounted.

(d)

Awning signs shall not project above the parapet wall and shall not project beyond the building face by more than four (4) feet.

(e)

Projecting signs shall be supported by overhead supports and shall leave a minimum of eight (8) feet of clearance over any sidewalk or walkway. Supports for projecting signs shall be set at a perpendicular angle to the building and parallel to the plane of the ground.

(f)

Marquee signs are allowed only in conjunction with indoor movie theaters and live performance theaters. Marquee signs shall be attached to the outside wall of the affected building. No more than two (2) signs as described in section 1917.

(Ord. of 4-22-09)

In addition to any other freestanding signs authorized by this article, if such property contains a business premises where materials are delivered at a drive-through delivery point other than on the front side of the building, then one (1) additional freestanding sign per delivery point shall be allowed to be located on the property in the side or rear yard; no such sign shall exceed thirty (30) square feet in sign area nor eight (8) feet in height.

(Ord. of 4-22-09)

Incidental signs conforming to the definition and standards of this article may be erected on private property. No more than two (2) such signs shall be located at a driveway entrance and shall be placed in such a manner as to not constitute a traffic hazard. Each parcel is limited to a maximum of four (4) incidental signs. Such signs shall not exceed two (2) feet in height and two (2) square feet in total sign area.

(Ord. of 4-22-09)

(a)

Special uses, community, nonprofit events or other noncommercial promotions desiring the use of banners shall make application to the building official for a banner permit.

(b)

Commercial users desiring the use of banners shall make application to the building official for a banner permit.

(c)

Banner permits shall be made on forms provided by the building inspector and shall contain all information required to ensure compliance with the regulations of this section. Banner permits shall be issued by the building inspector within ten (10) business days where the building inspector determines the applicant meets the standards of this section. In the event a banner permit is denied, the applicant shall have the same rights of appeal as other sign applications denied under this article.

(d)

Banners must be removed when determined by the city marshal to be in disrepair.

(e)

Banners shall not exceed three (3) feet by twelve (12) feet in size.

(f)

All banners must be placed on private property. Banners placed on public property may be confiscated and removed by the city without notice.

(g)

Banners must be mounted on the building or permanent structure attached to the building.

(Ord. of 4-22-09)

(a)

A uniform sign plan is required for any planned commercial shopping center, such as a shopping center with three (3) or more establishments. The uniform sign plan shall govern the placement and design of all signs within the planned commercial center as to their location, materials, size, letter style and color.

(b)

The uniform sign plan shall consist of such drawings and specifications as may be required to clearly illustrate the location, materials, size, letter style and color of all and every sign to be placed as freestanding and building signs within the development.

(c)

The uniform sign plan is to be submitted to the building inspector and shall be approved upon a finding by the building inspector that:

(1)

The plan provides that signs of a similar type and function within the development shall have a consistency of size, lettering style, color scheme and construction materials so as to present a unified design concept while respecting the differences between tenant types and occupancies.

(2)

Except as otherwise provided in this section, the signs proposed in the uniform sign plan shall comply with the requirements of this division, such as number, size and location restrictions.

(3)

In addition to any individual business signs that may be allowed under this division, each planned commercial center shall be limited to one (1) freestanding sign, located at the entrance of the commercial center. Such sign may contain one (1) individualized sign for each business located in the planned commercial center, provided that the aggregate sign area for such monument sign does not exceed the limitations set forth in section 1951(b).

(Ord. of 4-22-09)

In lieu of other freestanding signs authorized by section 1951, any property located in a commercial or industrial district may contain one (1) billboard which complies with the following:

(a)

Sign area. No billboard sign face shall exceed three hundred (300) square feet. Said area not to include as part of the measurement the structural components or trim of the sign.

(b)

Billboards may be erected to a height of no more than thirty (30) feet above the grade of the highway. If additional height is needed, a conditional use permit may be issued. No billboard shall exceed thirty (30) feet in length and the bottom coping of the sign shall be a minimum of ten (10) feet above ground level.

(c)

All portions of a sign face and support members of any billboard shall be set back at least seventy-five (75) feet from all buildings, structures, property lines, and rights-of-way.

(d)

Illumination. All illuminated billboards shall use base-mounted fluorescent or mercury vapor lights and shall be activated by photoelectric cells. Additional lighting, including but not limited to, neon, animation and running lights, is prohibited.

(e)

Only one (1) billboard shall be allowed per platted lot. No billboard shall be placed on any lot that contains any freestanding sign.

(f)

Extrusions prohibited. Extrusions beyond the face of any billboard, excluding aprons, are prohibited.

(g)

Billboards shall not contain more than one (1) face visible from the same direction on the main traveled way. Double-faced, back-to-back constructed signs shall, for the purpose of determining compliance with size and space limitations, be considered as one (1) sign.

(h)

No billboards shall be located within two thousand five hundred (2,500) feet of another existing billboard.

(i)

Billboards shall be erected no further than one hundred (100) feet from the right-of-way line of any state or federal highway.

(j)

Billboards shall be allowed to utilize tri-vision technology. Any existing billboard meeting the standards of this section that is eligible for conversion to tri-vision technology shall require a permit for such conversion from the city. However, no such multiple-message sign shall be placed within five thousand (5,000) feet of another mechanical multiple-message sign on the same side of the highway (as mandated by O.C.G.A. § 32-6-75(c)(1)(C)).

(k)

No billboards are allowed to be constructed on Highway 280.

(l)

No billboard shall use LED technology.

(m)

No billboard shall be located within five hundred (500) feet of single-family residentially zoned parcels and/or parcels designated for single-family residential use.

(n)

No billboard shall be located within fifteen hundred (1,500) feet in any direction of a public park, public playground, public recreational area, public forest, scenic area or cemetery.

(o)

No billboard shall be stacked one (1) above the other and there shall be no V-type sign structures, only single-pole, back-to-back structures shall be allowed. The sign owner shall be responsible for maintaining the sign and ensuring that no litter accumulates from posting or deterioration of any sign.

(p)

No billboard shall be located so as to obscure or otherwise interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic.

(q)

No person shall engage within the corporate limits of the City of Vidalia, Georgia, in the business of erecting or maintaining billboards under this ordinance until after such persons shall have filed with the city clerk evidence of liability insurance coverage of: fifty thousand dollars ($50,000.00) property damage, one hundred thousand dollars ($100,000.00) personal injury to any one (1) person and two hundred thousand dollars ($200,000.00) for personal injury growing out of any one (1) occurrence. Such liability insurance will save and keep the city, and all of its officials, employees and agents, harmless from all damages, liabilities, losses or judgments resulting by reason of the erection or maintenance of any such sign, and of any injury to persons or damages to property resulting therefrom.

(Ord. of 4-22-09)

(a)

Applicability. The provisions of this section apply to those parcels located within the historic district of the City of Vidalia as designated by the National Register of Historic Places. The Historic District is bounded on the south by Fourth Street, on the east by Durden Street, on the west by Adams and College Streets, on the north by N. Main, Pine and Everett Streets.

(b)

Signs authorized. In addition to any other signs allowed under this division, portable sidewalk signs are also allowed in the historic district only. One (1) nonilluminated portable sidewalk sign per business (either A-frame or easel structure) is allowed to be placed on the sidewalk during business hours. Two (2) such signs are allowed if such business has two (2) fronts on a corner. Said sign may not impede pedestrian traffic and shall be located adjacent to the entrance of the business, within one (1) foot from the entrance and at least three (3) feet away from the curb. Such sign shall not exceed four (4) feet in height nor two (2) feet in width. Each such sign shall be removed at the end of each business day and no merchandise is allowed on the sidewalk.

(c)

Sign material regulations. When regulated by section 1959, signage shall be of quality design, construction, color and materials consistent with the design of the building and/or development. This includes glass, masonry, wood, natural stone, ornamental metalwork, and ceramics. Paint and metal gilt work are also acceptable. "Faux" materials such as sign foam, vinyl and plastic are prohibited. Signs painted on cloth awnings are permissible. Mixed media are permitted, including reverse illuminated letters and etched or cutout solid materials, illuminated from behind.

(d)

[Freestanding signs.] Freestanding signs in the historic district are limited to monument signs.

(e)

[Billboards.] Billboards are prohibited in the historic district.

(Ord. of 4-22-09)

One (1) freestanding sign will be allowed for every fifteen hundred (1,500) feet of street frontage. Such signs shall follow the height and sign area limitations outlined in division 4.

(Ord. of 4-22-09)

(a)

Unless specifically exempted from obtaining a permit under provisions of this article, no person shall erect, construct, replace, relocate or structurally alter any sign within the city without first obtaining a sign permit from the city. No permit shall be required to repaint or change the lettering of an existing conforming sign with like-style elements, provided that no change of ownership of the entity displaying the message thereon has been made.

(b)

Applications for permits shall be made upon forms provided by the city and shall contain or have attached thereto the following information:

(1)

Name, address and telephone number of the applicant.

(2)

Tax Parcel ID and address of building, structure, or parcel to which or upon which the sign is to be attached or erected.

(3)

Two (2) accurate drawings showing the position of the sign in relation to nearby buildings or structures, including other signs, driveways, parking areas, and any other limiting site features (survey not required).

(4)

One (1) accurate drawing to scale of the plans, specifications and method of construction and attachment of the sign to the building or ground. The drawing shall specifically include the size of the sign area, overall height of the sign, location of the sign installation and its relation to existing rights-of-way and all driveways, a site distance diagram, and any protective devices or landscaping around the base of the sign. Applicant shall provide engineering data to support design and ensure safety including, but not limited to, structural integrity and wind load requirements.

(5)

Name, address, telephone number and business license number of the person erecting the sign.

(6)

Consent of the owner or lessor of the building or parcel to which or upon which the sign is to be erected.

(7)

The location and size of all other signs on the parcel upon which the sign is to be erected.

(8)

The distance in feet to the nearest existing freestanding sign.

(9)

The distance in feet from the location of the proposed sign to the nearest residentially zoned parcel.

(10)

The size of the parcel on which the sign is to be erected and the length of the street frontage for the street to which the sign is oriented.

(11)

If the sign is to be lighted, an application for electrical permit meeting all standards of the city's electrical code.

(12)

The value of the sign.

(13)

Such other information as the city shall require showing full compliance with this and other ordinances of the city.

(c)

No review of the specific content of any proposed sign shall be made or required.

(d)

For signs shared by more than one (1) person or entity, the property owner or sign contractor shall secure a permit for the sign structure and the property owner shall be responsible for the maintenance of the structure as well as for removal of individual sign panels identifying uses which no longer exist within the building or buildings covered by the shared sign. In addition to the permit required for a shared sign structure, a separate permit shall be required for each entity shown on the sign which shall be obtained by the owner, his tenant, an authorized agent, or the sign contractor.

(e)

Each application for permit shall be accompanied by the applicable permit fees. Fees for permits shall be as fixed from time to time by the mayor and council.

(f)

Upon the filing of an application for a permit, the building inspector shall review all plans and specifications submitted and the premises upon which the sign is proposed to be erected. Such review shall be completed within thirty (30) business days of submission of a completed sign application. If, based on review of the permit application and inspection of the site, the proposed sign is in compliance with the requirements of this article and all other ordinances and laws of the city, the building inspector shall issue a permit upon payment of permit fees no later than thirty (30) business days from receipt of the completed application. If no decision is made within thirty (30) days, the permit will be deemed denied.

(g)

The city shall deny permits to applicants who submit applications for signs that do not comply with the provisions of this article, are incomplete, or contain any material false statements. Violation of any provision of this article will be grounds for terminating a permit granted by the city for the erection of a 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 article, the building inspector shall revoke the permit. Should the building inspector deny a permit, the reasons for denial shall be stated in writing and mailed by certified mail, return receipt requested, to the address on the permit application on or before thirty (30) business days after the city received the completed application. Alternatively, the city may personally serve the sign applicant with a copy of the written notice of denial within thirty (30) business days 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 resubmission, instead of the date of the original submission.

(h)

An individual whose permit application has been denied or a permittee whose permit has been revoked may appeal the decision to the board of appeals, provided such appellant files a written notice of appeal with the city manager within ten (10) business days of the building inspector's notice. Such appeal shall be considered by the board of appeals at the next meeting held after the city's receipt of the written notice of appeal, provided that such notice of appeal is received a minimum of seven (7) business days before the next meeting. Appeal notices received within seven (7) days of a scheduled board of appeals meeting shall be heard at the next meeting more than seven (7) days following receipt of appeal. The board of appeals shall issue a written decision to the applicant no later than thirty (30) days following the close of the appeal hearing. If no decision is made within thirty (30) days, the appeal will be deemed denied. Decisions of the board of appeals to affirm the decision of the building inspector or to overrule the decision of the building inspector and grant or continue the permit for which appeal is taken shall be reduced to writing and served upon the applicant in the same manner as the original notice to deny or notice of revocation.

(i)

In the event an applicant whose permit has been denied or a permit holder whose permit has been revoked is dissatisfied with the decision of the board of appeals, such applicant or permit holder may petition for writ of certiorari to the superior court as provided by law.

(j)

Any person commencing work on a sign before securing the necessary permit from the building inspector shall be subject to double permit fees under the permit fee schedule.

(Ord. of 4-22-09)

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 (6) months after the date of issuance. No refunds will be made of permit fees for permits that expire due to failure to erect a permitted sign; provided that where an applicant can demonstrate that a commercial entity was timely engaged to construct the permitted sign but the fabrication has not yet been completed, one (1) six-month extension may be granted by the building inspector on the duration of the permit. Where a permit has expired for failure to erect the sign, if an individual later 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 in effect at the time of resubmission.

(Ord. of 4-22-09)

(a)

Signs that, on the effective date of this article, were approved and legally erected under previous sign restrictions, and that became or have become nonconforming with respect to the requirements of this article, may continue in existence subject to the remaining provisions of this section.

(1)

No increase in size of the nonconforming sign shall be permitted.

(2)

Existing signs which were legally erected and which have become nonconforming and do not meet the setback requirements of this ordinance due to road widening may be moved to meet the setback requirement of this ordinance but shall not be increased in size, shape or changed in any manner except as to become conforming.

(3)

In all zoning districts, the following signs shall be prohibited and shall be removed by the owner:

a.

Signs illegally erected or maintained with respect to prior ordinances.

b.

Signs made of paper, cloth or non-durable materials (except standard informational signs).

c.

Signs located in the public right-of-way (except as permitted by this article).

(b)

Upon failure to comply with any requirement of this section, the building inspector or his authorized agent may cause the removal of such sign at the expense of the owner.

(c)

Any attempt to add LED sign-face on a nonconforming sign shall negate its nonconforming status and require its removal.

(d)

Minor repairs and maintenance of nonconforming signs such as electrical repairs or lettering repair shall be allowed. However, no structural repairs or changes in the size or shape of the sign shall be permitted except to make the sign comply with the requirements of this article; provided that signs damaged by fire or act of God may be restored to their original condition.

(e)

Each nonconforming sign shall be identified by the city.

(f)

The provisions of this section shall be enforced by the building inspector, with the aid of the police department and other city agencies.

(Ord. of 4-22-09)

The building inspector shall periodically inspect each permanent and temporary conforming and nonconforming sign in an attempt to ascertain whether the same is secure or insecure, and whether it is in compliance with the requirements of this article or in need of repair. Responsibility for the safety of signs and security of their attachment or erection remains at all times with the sign owner.

(Ord. of 4-22-09)

(a)

The building inspector shall cause to be removed any sign that endangers the public safety, such as an abandoned, dangerous, or electrically or structurally defective sign or signs for which no permit has been issued or which are otherwise in violation of this article. The building inspector shall prepare a written notice that shall describe the sign and specify the violation involved. The notice shall state that if the sign is not removed or the violation is not corrected within twenty (20) business days, the sign shall be removed in accordance with the provisions of this section.

(b)

All notices by the building inspector shall be personally served or sent by certified mail, return receipt requested. Any time periods provided in this section shall be deemed to commence on the date received if hand delivery or otherwise on the date delivered as shown upon the return receipt of the U.S. Postal Service. Notice is assumed made if certified mail is not picked up within ten (10) days.

(c)

The notice shall be mailed to the owner of the property on which the sign is located, the owner of the sign, and the occupant of the property. If any such person is unknown or cannot be found, notice shall be mailed to such person's last known address, if any, and posted on the sign or on the premises.

(d)

Any person having an interest in the sign or the property may appeal the determination of the building inspector ordering removal or compliance by filing a written notice of appeal with the city manager within ten (10) business days after receipt of the notice. Appeals will be handled as provided in subsections 1970(h) and (i).

(e)

If the person to whom notice is directed fails to take corrective action within the time period prescribed, or if on appeal the city affirms the decision of the building inspector and the person fails to take corrective action or remove the offending sign within the time period prescribed, then the building inspector shall proceed to have the sign removed or corrected to bring such sign into compliance with this chapter or to remove any unsafe condition.

(f)

When it is determined by the building inspector that the sign would cause imminent danger to the public safety and contact cannot be made with the sign owner or building owner, no written notice shall have to be served prior to removal. In such emergency situation, the building inspector shall document the unsafe condition and may correct the danger, with all costs being charged to the sign owner or the property owner.

(g)

Any sign removed by the building inspector pursuant to the provisions of this section shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. The cost of removal of the sign by the city shall constitute a lien against the property and shall be recoverable in the same manner as city property taxes. The cost of removable shall include any and all incidental expenses incurred by the city in connection with the sign removal.

(Ord. of 4-22-09)

(a)

Applications. Applications for sign permits shall be submitted to the city clerk or designee. Only applications completed on the appropriate form as prescribed by the city will be accepted. Applications shall be submitted to the city at least two (2) weeks prior to the requested date for installation of the temporary/disposable sign.

(b)

Fees. The fee for application for a temporary/disposable sign shall be one hundred fifty dollars ($150.00). Applicant is entitled to a refund of one hundred twenty five ($125.00) upon appropriate removal of permitted temporary/disposable signs.

(c)

Action. Within seven (7) days of the submission of the completed application and payment of fees, the city shall either issue the temporary/disposable sign permit or reject the permit with explanation.

(d)

Right-of-way. Temporary/disposable signs may not be permitted or erected on public right-of-way.

(e)

Inspection. The zoning inspector shall inspect the installation of the temporary/disposable sign installation to insure proper installation and removal in accordance with this section. Signs installed in violation of this ordinance will be removed at the discretion of the zoning inspector.

(Ord. of 4-22-09)

(a)

Signs may be installed on the first day of the permit period in the areas described on the application.

(b)

Signs may not be installed in any manner which, in the opinion of the zoning administrator, constitutes a hazard of any kind.

(c)

Signs are not to be allowed to remain past the permitted period and must be removed by the applicant.

(d)

Signs not removed within forty-eight (48) hours of the last permit day shall be removed by the city and the deposit will be forfeited.

(e)

No temporary/disposable sign may be installed on the city right-of-way.

(f)

No more than thirty-five (35) disposable signs are allowed per permit. Only one (1) permit per business, individual, event or activity is allowed per twelve (12) month period.

(Ord. of 4-22-09)

(a)

Construction signs may be erected during the term of new construction and major commercial remodeling for the purpose of advertising contractors, sub-subcontractors, future tenants, and financing institutions.

(b)

Political signs shall be exempt from the payment of fees and removal deposits and may remain from qualifying date to election date or run-off election if necessary. Political sign must be removed within seventy-two (72) hours of the election.

(c)

Signs advertising sale and lease of property upon which they are located and directional signs no larger than ten (10) square feet for residential and thirty-two (32) square feet for commercial.

(d)

Church directional signs provided that they are no larger than four (4) square feet, there cannot be more than two signs, and they cannot be located within 500 feet of each other.

(e)

Non-profit/charitable organizations and community events are exempt from fees; however, all other procedures apply. Failure to abide by procedures outlined in this section could result in forfeiture of exemption status.

(f)

Hospital and affiliated healthcare facilities, as defined below, shall be exempt from the application of this article in zone districts C-3, I-1, I-2 and A-1:

(1)

A hospital is defined as a non-profit hospital corporation and/or its ancillary non-profit healthcare entities organized and existing under the laws of the State of Georgia and officially recognized as meeting the criteria as exempt from the Internal Revenue Code as defined by 501(c)(3) or other similar federal non-profit exemptions. The term nursing home(s) and senior assisted living facilities or medical office building(s) shall be given their common and ordinary meanings, and

(2)

This exemption to healthcare signage is limited to directional, monument and marquee signs located on property owned by such parent hospital and/or hospital-sponsored ancillary 501(c)(3) institutions but only provided such ancillary and/or affiliated non-profit entities are sponsored or affiliated with such hospital providing acute-care patient beds and/or emergency room facilities and/or nursing home and/or senior healthcare or medical office as identified in (a) above within the city limits of Vidalia, Georgia.

(Ord. of 4-22-09; Ord. of 9-20-10; Ord. of 11-12-12(1) )