(a)

The purpose of this article, which shall be known and may be cited as the "Sign Ordinance," is to establish requirements for the placement, installation, and maintenance of signs in order to protect and promote the health, safety, welfare, and general well-being of the citizens of the city. The provisions of this chapter governing the placement, construction, maintenance of buildings and structures is a valid use of the police power, including the regulation of the placement, installation, and maintenance of signs. Signs must ordinarily be considered structures, and are capable of producing many of the same nuisances as are produced by buildings. The intent of this article is to regulate the size, height and number of signs in such a manner as to protect and preserve the aesthetic qualities of the city while promoting traffic safety without causing unsafe conditions.

(b)

The planning and zoning office will only oversee the number of signs, height, size, and placement of signs. The city makes no determination or permits signs in regard to on-site or off-site locations. With these objectives and purposes in mind, the intention of this article is to authorize the use of signs that are:

(1)

Compatible with the surroundings in terms of zoning, existing land use, and architectural characteristics.

(2)

Legible and compatible with the type of lawful activities to which the signs pertain in such a manner as to express the identity of the individual properties and/or of the city as a whole.

(c)

In addition, the regulation of signs is necessary and in the public interest to:

(1)

Protect property values within the city.

(2)

Protect the motoring public from damage or injury caused or partially attributable to distractions or obstructions from improperly designed or situated signs.

(3)

Promote the economic well-being of the city by creating a favorable physical image.

(4)

Improve the legibility and effectiveness of all permitted signs.

(5)

Allow individuals equal and fair opportunity to advertise and promote products and services without discrimination.

(6)

Eliminate excessive signage.

(7)

Protect the right of citizens to enjoy the city's natural scenic beauty.

(8)

Encourage the economic development within the county.

(9)

Regulate the construction, erection, maintenance and size of signs that may constitute a direct danger to pedestrians and property.

(10)

Preserve and promote the public health, safety and welfare in the city.

(a)

This article shall apply to all properties within the city. This article shall not relate to the copy or message on a sign.

(b)

All signs and other advertising structures shall be constructed and maintained in conformance with the building and electrical codes adopted by the county.

(c)

If any provisions or requirements of this article are in conflict with any other provision or requirement of this chapter or any other applicable governmental law, ordinance, resolution, rule or other governmental regulation of any kind, the more restrictive rule or standard takes precedence.

Variances from the provisions of this article may be requested. All such variances shall be considered and decided by the zoning board of appeals in accordance with officially adopted procedures and standards contained in this chapter.

Words and phrases used in this article have the meanings defined in this section. In addition, words and phrases not defined in this section, but defined in this chapter shall be given the meanings as set forth in this chapter.

Abandoned sign means a sign and/or sign structure which no longer correctly directs or exhorts any person or advertises a bona fide business, lessor, owner, product, or service where such sign and/or sign structure is located.

Advertise means to call the attention of the public to a product, business, and/or event.

Advertising device means any structure or device situated on or attached to real property that is erected or intended for the purpose of advertising.

Air- and gas-filled device means any sign using, either wholly or in part, forced air or other gas as a means of supporting its structure.

Animated sign means any sign that all or any part thereof visibly moves or imitates movement in any fashion whatsoever. Any sign that contains or uses for illumination any lights or lighting devices that change color, flash or alternate, show movement or motion, or change the appearance of said sign or any part automatically.

Area of sign (copy area) means the area within a continuous perimeter enclosing the limits of writing, representation, emblem, or any figure of similar character together with any frame, other material, open space, or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed.

Banner means a sign, hung either with or without a frame, possessing characters, letters, illustrations, or ornamentation applied to paper, plastic, or fabric of any kind. This excludes flags, emblems, and insignia of political, professional, religious, educational, or corporate organizations; provided such flags, emblems, and insignia are displayed for noncommercial purposes.

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

Bench sign means sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.

Billboard means a freestanding sign or structure for the display of advertisements in public places or highways. All regulations relating to freestanding signs should apply.

Building marker means any sign indicating the name of a building, the date, and incidental information about its construction and is cut into a masonry surface or made of bronze or other permanent material.

Building sign means any sign attached to any part of a building other than a freestanding sign.

Canopy means any permanent roof-like structure, including awnings and marquees, projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather.

Canopy sign means any sign attached to or made a part of the front, side, or top of a canopy.

Commemorative signs means any sign that honors the memory of or serves as a memorial to commemorate.

Commercial message means any wording, logo, or other representation that directly or indirectly names, advertises or calls attention to a business, product, service, or other commercial activity.

Commercial office center means a single parcel of land containing two or more businesses or establishments, including all forms of retail, wholesale and services.

Construction sign means a sign announcing the proposed or existing construction of a building or project.

Copy means the wording or graphics on a sign surface in either permanent or removable form.

Directional sign means an unofficial or nonstandard traffic control sign, containing no commercial message except logos, intended to direct or regulate the movement of traffic and/or pedestrians. The term "directional sign" includes, but is not limited to, enter, exit, drive-through, and directional arrow signs. These signs may be freestanding or mounted on a building.

Directory sign means a sign that gives the name and/or occupation of the occupants of a building or identifies the particular use of a building.

Emergency sign means a sign erected by a governmental agency, a public utility company, or a contractor performing work within any right-of-way.

Erect means to build, construct, attach, hang, place, suspend, paint, or affix.

Establishment means a commercial, institutional, educational, office, business or financial entity.

Flag means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision or other entity.

Flashing sign. See Animated sign.

Freestanding sign means any sign that is independent from any building or other structure and is entirely supported by structures that are permanently at or below ground level.

Frontage, building, means the length of an outside building wall facing a street.

Frontage, street, means the length of the property line of any one parcel along a street on which it borders.

Ground sign means a freestanding sign which has no space between the signage copy area and the ground surface.

Historic sign means any animated neon sign over 30 years old, any existing barber pole, or any other sign so designated by the historic preservation commission. Extensions, additions, and embellishments are not considered part of a historic sign.

Home occupation sign means a sign for a legally permitted home occupation on a residential parcel of land, with advertising for services legally offered on the premises where the sign is located.

Identification sign means a sign depicting the name of a building and/or the address of an establishment on the premises where the sign is located. The name and/or address may be included as part of another signage type.

Illuminated sign means a sign which contains an internal source of light or which is designed or arranged to reflect light from an artificial source.

Incidental sign means a general information sign that is secondary to the use of the parcel on which it is located. The term "incidental sign" includes "credit cards accepted," official notice of services as required by law, trade affiliations, business hours, telephone, self-service and other related-information signs. These signs are typically located on doors, windows, or building walls.

Instructional sign means a sign that has the purpose of giving instruction, direction or an order.

Kiosk sign means a freestanding and multiple sided structure owned by the county or city and located in public rights-of-way that displays directional information to residential and commercial developments.

Mansard sign means any sign attached to or erected within 12 inches of an actual or simulated mansard of a building, with the sign face parallel to and within the limits of the building, not deemed to be a roof sign.

Monument sign means a permanent sign, other than a freestanding pole sign, placed upon or supported by the ground independent of any other structure and constructed of stone, concrete, masonry, stucco, or equal architectural material.

Moving sign. See Animated sign.

Nonconforming sign (legal) means any advertising device or sign, including billboards, that was legally erected and maintained prior to the adoption or amendment of the ordinance from which this article is derived, but no longer complies. Legal nonconforming signs require just compensation under the Highway Beautification Act for removal.

Nonprofit activity means an activity, project, operation or enterprise of a temporary nature carried on by a corporation or an organization qualified as an exempt organization under applicable provisions of the Internal Revenue Code.

Painted wall sign means any sign that is applied with paint or similar substance on the face of a wall.

Parcel (lot), business lot means any standard lot or parcel of land, the boundaries of which have been established by a recorded legal instrument and is recognized and intended as a unit for the purpose of transfer of ownership; the said parcel being duly recorded with the Clerk of Superior Court, Cherokee County.

Permanent sign means a sign permanently affixed to a building or the ground.

Person means any association, company, corporation, firm, organization, or partnership, singular or plural, of any kind.

Portable sign means any sign supported by its own frame or trailer, with or without wheels, designed to move from one place to another.

Premises means an area of land with appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

Principal building means the building with the principal use of the parcel on which it is located. Parcels with multiple principal uses may have multiple principal buildings. However, storage buildings, garages, and other structures that are clearly accessory are not considered principal buildings.

Projecting sign means any sign affixed to a building or wall, which horizontally extends more than 12 inches beyond the surface of a building or wall.

Public service sign means a sign designed to render a public service, such as, "time and temperature" and "flashing news" signs.

Public sign means a sign erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, or direct or regulate pedestrian or vehicular traffic.

Real estate sign means a temporary sign erected by the owner or agent advertising the real property upon which the sign is located for rent, lease, or sale.

Residential district includes all land zoned R-80, R-40 and R-30.

Revolving sign. See Animated sign.

Roof sign means any sign erected, constructed, and maintained upon or over the roof of any building and projecting above the roofline.

Roof sign (integral) means any sign erected or constructed as an integral part of a normal roof structure of any design. No part of the sign can extend vertically above the highest portion of the roof and no part of the sign can be separated from the rest of the roof by a space of more than six inches.

Setback means the distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.

Sidewalk, sandwich, or A-frame sign means a sign which is normally in the shape of an 'A' or some variation, which is usually two-sided.

Sign means any identification, description, illustration, or device, illuminated or non-illuminated, which is visible to the general public and directs attention to a product, service, place, activity, person, institution, business, or any emblem, painting, flag, banner, pennant, balloon, or placard designed to advertise, identify, or convey information.

Sign face means the portion of a sign on which the copy is placed.

Sign number. For the purpose of determining the number of signs, a sign shall be construed to be a single display surface or device containing elements organized, related, and composed to form a single unit. In cases where material is displayed in a random or unconnected manner or where there is reasonable doubt as to the intended relationship of such components, each component is considered to be a single sign. A projecting sign and both sign faces being less than 42 inches apart shall be construed as a single sign.

Sign structure means any construction used or designed to support a sign.

Snipe sign means a sign of any material that is attached in any way to a utility pole, tree, fence, rock, or any other similar object located on public or private property. The term "snipe signs" do not include "keep out," "posted" or "no trespassing" signs.

Street means any public or private right-of-way for automobile use. The term "street" excludes alleyways, parking lots and driveways.

Street frontage means the width in linear feet of a lot or parcel where it abuts the right-of-way of any public street.

Subdivision sign means any sign designed to identify a subdivision, neighborhood, or residential complex.

Traffic control sign means a standard sign or electronic device, such as a traffic signal, stop sign, one-way, handicap, no parking, fire lane, etc., for the purpose of directing or regulating traffic and/or pedestrians.

Under-canopy sign means a sign:

(1)

That is suspended from the underside of a canopy, including awnings, and marquees;

(2)

Is perpendicular to the wall surface of a building; and

(3)

Whose copy is not clearly visible from a public right-of-way.

Unlawful sign (illegal sign) means any sign erected without a permit when a permit for the sign was otherwise required by this article or previously adopted ordinance or code, a permitted sign which has not been properly erected in accordance with the permit application and approved sign permit or an otherwise lawful and permitted sign that has become hazardous or a nuisance to the public due to poor maintenance, dilapidation, or abandonment and so declared by the building official.

Wall face means a measurement of area equal to the height of the structure from the ground to the coping or eave of the roof multiplied by the width of the wall associated with the individual business. The wall face is to be measured for each wall independently.

Wall sign means any sign affixed or attached to a wall of a building, extending no more than 12 inches beyond the wall and which displays only one sign surface.

Window sign means any sign, excluding identification and incidental signs, placed inside or upon a window, containing a commercial message, and intended to be seen from the exterior.

(a)

Permitting requirements.

(1)

Required. Except as specifically exempted from the provisions of this article, a person may not legally post, display, enlarge, erect, move or substantially change a sign without first obtaining a sign permit from the zoning administrator or his designee. A change in the copy only of a sign or advertising device does not constitute a substantial change.

(2)

Permit application. Applications for sign permits shall be filed by the sign owner or his agent with the city or designee upon forms furnished by the city. Applications shall describe and justify the following:

a.

The type and purpose of the sign as defined in this article.

b.

The value of the sign.

c.

The street address and zoning designation of the property where the sign is to be located and the proposed location of the sign on the property.

d.

The square foot area per sign and the aggregate square foot area if there is more than one sign face.

e.

The names and addresses of the owners of the real property upon which the subject sign is to be located.

f.

Written consent of the owner, or his agent, granting property upon which the subject sign is to be located.

g.

For ground signs: a site plan drawn to scale, showing the proposed location of all primary and accessory ground signs on subject property. The site plan includes a closed boundary survey of the property, gross acreage, the proposed sign location, street right-of-way lines, public or private easements, driveway locations and parking spaces.

h.

For all signs, a sketch or print drawn to scale showing all dimensions with pertinent information such as wind pressure requirements and display materials in accordance with the building code as adopted.

i.

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

j.

All applicants for electrical signs must obtain an electrical permit.

k.

A written agreement to indemnify and hold the city and county harmless of all damages, demands, or expenses of every type which may in any manner be caused by the sign or sign structure.

(3)

Fees. No permit shall be issued until the appropriate application has been filed with the city and permit fees have been paid as adopted by the city council.

(4)

Grant of completed application. The city shall grant a completed application, if the proposed sign meets the requirements of this article.

(5)

Written notice. The city shall provide written notice of the granting or denial of an application within 30 business days following submission of a completed application. In the event no action is taken within 30 business days, the application shall be deemed granted.

(6)

Permit expiration. A sign permit shall become null and void if construction of the sign has not begun within a period of two months from the date of issuance and completed within six months from the date of issuance. Issuance of a sign permit shall in no way prevent the county or city from later declaring the sign to be nonconforming or unlawful if, with further review of available information, the sign is found not to comply with the requirements of this article.

(7)

Identification label. With each sign permit, the city shall issue a label bearing the same number as the sign permit with which it is issued. The duty of the permitted or his agent is to affix such to the sign or its supporting structure in such a manner as to be visible from a street right-of-way.

(8)

Violation. A violation of any provision of this article will be grounds for terminating a permit granted 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 city shall revoke the permit.

(b)

Construction, maintenance requirements.

(1)

Erecting or placing any sign that does not conform to the requirements of this article is unlawful.

(2)

All signs for which a permit is required, together with all supports, braces, guys and anchors, shall be kept in constant repair. Signs shall be kept clean, neatly painted and maintained at all times so as not to be detrimental to public health and safety.

(3)

No trash shall be allowed to accumulate in the area around a sign and all weeds shall be kept out.

(4)

Removal of abandoned signs. Any structure formerly used as a sign, but not in use for any other purpose, must be removed by the owner of the property within 30 days after written notification from a designated official of the city or county or 60 days after its use as a valid sign has ceased, after which time, the county or city may cause the removal of the sign at the property owner's expense.

(c)

Lighting requirements.

(1)

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

(2)

The light from illuminated signs shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways. Lighting shall not be directed skyward.

(3)

No illuminated signs shall be constructed or maintained within 50 feet of any residential district or dwelling, except within the TND district.

(4)

Signs with flashing, intermittent, or animated illumination or effect shall be excluded from all districts provided, however, time and weather informational signs, official warning or regulatory signs shall be exempt from this requirement.

(5)

No sign shall be erected which simulates an official traffic control or warning sign in such a manner as to confuse or mislead the motoring public or hide from view any traffic or street sign or signal.

(d)

Height requirements. The height requirements of a sign shall be computed as the distance from the base of the sign at normal grade to the highest attached component of the sign or sign structure, whichever is higher. 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, beaming, mounding or excavating solely for the purpose of locating the sign.

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 road. In addition, the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower. Refer to Table 28-302 for specific height limits and requirements.

(e)

Additional requirements.

(1)

The owner shall remove any sign relating to a business or other use located on the same lot within 30 days after vacating the premises.

(2)

Real estate signs shall be removed within 30 days of the sale, rental or lease of the property advertised; however, the use of a sold attachment to a sign pending the completion of a sales transaction shall not be construed as a sale.

(3)

Campaign signs shall be removed within 30 days of the election or any run-off election.

(4)

No sign shall be erected or maintained which obstructs any fire escape, any means of escape or ventilation, or which prevents free passage from one part of a roof to any other part thereof; nor shall any sign be attached in any form, shape or manner to a fire escape.

(5)

No sign shall be erected, maintained, painted, drawn or attached to any utility pole, fence, rock, tree, or any other natural feature.

(6)

It shall be unlawful to post any signs or advertisements on any building, fence or other property belonging to another person without the written consent of the owner thereof. Such consent shall be included with the sign permit application.

(7)

Signs erected for the purpose of identifying a premise shall not also contain advertising except that of the use identified.

(8)

All signs shall be located on or over private property only, except those specifically permitted by this article.

(9)

All signs shall be erected in such a manner as to not interfere with or obstruct the view of any authorized traffic sign, signal or device.

(10)

All signs shall be located in such a way that they maintain horizontal and vertical clearance from all overhead utilities in accordance with National Electrical Code specification. In no case shall any sign be installed within five feet horizontally or vertically from an overhead utility line or utility guy wire.

(11)

Corner visibility clearance. In any distance, no sign or sign structure (above the height of three feet) shall be maintained within 15 feet of the intersection of the right-of-way lines extending two streets, or of a street intersection with a railroad right-of-way. However, a sign structure, if not more than ten inches in diameter located on a corner lot where services are provided to the motoring public may be located within the required corner visibility area. This is provided if all other requirements of this article are met and the lowest elevation of the sign surface is at least ten feet above the ground level.

The following signs and advertising devices are prohibited:

(1)

Signs which advertise or encourage an illegal activity as defined by local, state or federal laws.

(2)

A-frame, sandwich-type, sidewalk or curb signs.

(3)

Swinging or projecting signs.

(4)

Rotating or animated signs involving motion or sound including those that flash, blink, change image, or show any form of movement, excluding historic signs and those officially designated for public service.

(5)

Signs that resemble any official traffic control device or emergency vehicle markings.

(6)

Portable signs (mobile, trailer).

(7)

Flags, banners, streamers, tethered balloons or other inflatable signs or figures, except as authorized by this regulation (grand opening permit process).

(8)

Signs that make use of the words stop, go, slow, caution, danger, warning or similar words, phrases, symbols, or character in such a manner as to interfere with, mislead, or confuse automobile traffic, except construction signs or barricades and except when the words are incorporated in the permanent name of a business.

(9)

Courtesy benches, waste containers or other forms of street furniture on which advertising is displayed.

(10)

Snipe signs.

(11)

Search lights and beacons.

(12)

Signs attached to or painted on vehicles of any type, which are conspicuously parked in proximity to a right-of-way and obviously parked in such a way as to advertise any business or service to motorists or pedestrians.

(13)

Signs that emit visible smoke, vapor particles or odor.

Except as otherwise provided, the following signs may be erected without securing a permit. Such exempt signs shall not be considered in determining the allowable number or size of signs on a zoning lot. However, the signs must comply with all other applicable sections of this article and applicable codes and regulations. The erection of any sign not listed in this section shall require a permit.

(1)

One professional name plate for each establishment. Each professional nameplate shall not exceed two square feet in area.

(2)

One separate identification sign for each establishment when affixed to a building wall or window and limited to a maximum size of two square feet. The purpose of this sign is to identify the establishment's property number (address), suite or unit number, post office number, etc.

(3)

One informational bulletin board for public, charitable, educational or religious institutions when located on the premises of said institution and affixed to a building wall. Bulletin boards may not exceed 32 square feet in area and shall be located in such a manner that said bulletin board will satisfy the setback requirements for the zoning district in which the bulletin board is located.

(4)

Traffic, directional, warning, or official notices that otherwise meet the location, size and height requirements of this article.

(5)

One non-illuminated, temporary real estate sign per street frontage and provided as follows:

a.

Maximum sign area shall be limited to four square feet with a maximum height of eight feet.

b.

Multiple listing strips, sale pending, and sold signs may be allowed when attached to a real estate sign and are subject to the same maximum area and maximum height requirements.

c.

One on-premises open house or open for inspection sign, not exceeding four square feet in area with a maximum height of eight feet, may be allowed in addition to the above requirements.

d.

All the temporary real estate signs shall be removed within 30 days after ownership or occupancy has changed.

e.

Real estate brochures/information boxes may be allowed with a maximum of one brochure/information box per parcel of land.

(6)

Flags.

a.

All flags shall be displayed on purpose-built, professionally fabricated flagpoles and shall not exceed eight feet in height in all zoning districts.

b.

Each lot shall be allowed a maximum of two flagpoles, unless a special land use permit or variance is obtained pursuant to this chapter.

c.

A maximum of two flags shall be allowed per flagpole.

d.

Flags displaying a logo, message, statement, or commercial message and banners not meeting the definition of a flag contained herein shall conform to all applicable ordinances pertaining to signs.

e.

A vertical flagpole must be set back from the property boundaries a distance which is at least equal to the height of the flagpole.

f.

Flags and flagpoles shall be maintained in good repair, and to the extent applicable shall be in compliance with the building code. Flagpoles with broken halyards shall not be used and flags which are torn or frayed shall not be displayed.

g.

On officially designated county, city, state, or federal holidays, there shall be no maximum flag size or number or other limitations of display.

(7)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.

(8)

Nonadvertising directional signs or symbols not exceeding two square feet designed to direct and inform the public as to location or direction to a parcel of private property (e.g., entrance, exit, caution, slow, no trespassing, service areas, or loading and unloading areas).

(9)

Signs for temporary garage sales, yard sales, and the like, located in residential districts and subject to the following provisions:

a.

Signs shall be limited to one sign per parcel of property.

b.

The maximum area of the sign shall be four square feet and the maximum height shall be eight feet.

c.

Signs must be removed within 30 days of the close of the sale.

d.

Weekend directional signs (WEDS):

1.

Definition. WEDS shall convey directions to a specific, time-limited weekend place or event. For example, premises that are for sale or lease, a church or community gathering, yard sales, moving sales, estate sales, etc.

2.

Zoning districts. WEDS shall be allowed in all zoning districts.

3.

Time allowed. WEDS shall be allowed from 3:00 p.m. on Friday to 7:00 a.m. on Monday. The responsibility to remove all WEDS prior to 7:00 a.m. Monday is that of the sign owner.

4.

No permit required. WEDS do not require a permit. However, written permission of the property owner must be provided to the planning and zoning department indicating that the property owner acquiesces to the erection of the WEDS sign on his property. Further, each sign shall prominently display identification issued by the planning and zoning department indicating the property owner's permission and the sign location.

5.

Construction. WEDS shall not exceed four square feet of sign area and three feet in height and may be double-faced. WEDS shall be mounted on an independent single- or double-pole device. WEDS shall not be affixed in any manner to trees, natural objects, streetlight poles, utility poles, other signs or other sign structures. WEDS shall be made of metal, plastic, laminated cardboard or some other durable and waterproof material. No sign shall be made of paper.

6.

Location. There shall be only one WEDS per lot. All WEDS must be placed on private property with the owner's permission.

(10)

Works of art which do not contain a commercial message.

(11)

Historic signs.

(12)

Municipal signs.

(13)

Signs on public transportation vehicles.

(14)

Signs painted on or otherwise attached to motor vehicles which are not conspicuously parked in proximity to a right-of-way, and obviously not parked in such a way as to advertise any business or service to motorists or pedestrians. This may include signs for realtors, surveyors, engineers, plumbers, electricians, delivery trucks, lawn service, etc.

(15)

Holiday lights, flags for decorative purposes, including small flagpoles, and other decorations, which do not require a permit and must not exceed 16 square feet.

(16)

Signs in the right-of-way. It shall be unlawful for any person to install a sign in any public right-of-way except for the following:

a.

Public signs.

b.

County or city owned kiosk signs.

c.

Emergency signs.

The zoning administrator or his designee is hereby authorized to immediately remove any illegal sign located in any public right-of-way.

(17)

Noncommercial message with a maximum total surface area not to exceed 32 square feet per lot. In residential districts with parcels less than ten acres, each sign will be limited to four square feet with a maximum height of eight feet. In residential districts with parcels ten acres or greater and all other districts, freestanding signs are limited to 32 square feet with a maximum height of eight feet.

In addition to the signs that are exempt from the permitting requirement, the following signs are allowed with a permit:

(1)

Commercial lots. Commercial lots are allowed two signs. Only one of the signs can be a freestanding sign. A business within a shopping center can have a maximum of two signs. The shopping center is allowed the freestanding sign. Freestanding signs are limited to 25 square feet with a maximum height of 15 feet, and may contain commercial and/or noncommercial speech.

(2)

Residential districts. Lots in residential districts of ten acres or greater are allowed one freestanding sign limited to 25 square feet with a maximum of eight feet, and may contain commercial and/or noncommercial speech. Residential districts of less than ten acres are allowed one freestanding sign limited to four square feet with a maximum height of eight feet. Lots in residential districts are allowed on temporary real estate sign. For a one-unit lot, a wall sign identifying a home occupation is allowed. For a subdivision, one freestanding or wall sign is allowed.

(3)

Churches, clubs and lodges, noncommercial. One freestanding sign per lot. In residential districts/uses, freestanding signs will be limited to 32 square feet with a maximum of eight feet in height. In nonresidential districts (commercial), freestanding signs are limited to 50 square feet with a maximum height of eight feet, and may contain commercial and/or noncommercial speech.

(4)

Subdivisions. Signs for the identification of a subdivision must be monumental (brick, stone, stucco, or masonry). There are to be no signs on islands. One double-faced sign is allowed with a maximum of 50 square feet.

(5)

Temporary signs. Decorative flags, banners, balloons, bunting for community or nonprofit organization celebrations, conventions, commemorations, and grand-opening events for a prescribed period of one week.

a.

A temporary sign must not have flashing lights or copy, moveable parts or colored lights that may closely resemble those of traffic signals, emergency vehicles or airport beacons.

b.

A temporary sign with copy must not be confused with authorized traffic signs or which may use words, phrases, symbols or characters that may interfere with, mislead, or confuse motorists.

c.

If the parcel has two street frontages, two freestanding signs are allowed in any zoning district.

(6)

Freestanding commercial signs. Freestanding commercial signs must be primarily of masonry construction compatible with the primary building on the site and must be built in true monument style.

(a)

A person whose permit application has been denied or a permittee whose permit has been revoked may appeal the decision of the city clerk or designee to the zoning board of appeals, pursuant to article XIV of this chapter.

(b)

The board shall reach a decision following a public hearing within 30 days.

(c)

Appeals to the city council are pursuant to article XIV of this chapter. And any decision by the board of commissioners must be made within 30 days after the public hearing.

(d)

Certiorari. In the event a person whose permit has been denied or revoked is dissatisfied with the decision of the city council, he may petition for writ of certiorari to the superior court of the county as provided by law.

Table 28-302. District Requirements for Permanent Signs

WEDS—Premises that are for sale or lease, a church or community gathering, yard sales, moving sales, estate sales, etc.

*Each sign will be sited in accordance with safety conditions as required by the county engineering department.