Purpose and intent.

A.

These rules and regulations are intended to serve the following purposes, among others.

B.

To establish reasonable and impartial regulations for all signs, exterior, interior, on-premise, and off-premise that affords the business community an equal and fair opportunity to advertise and promote its products and services without differentiation.

C.

To improve pedestrian and traffic safety by reducing traffic hazards caused by such unregulated signs that may distract and confuse, and impair the visibility of motorists and pedestrians.

D.

To ensure the effectiveness of public traffic signs and signals.

E.

To protect property values by ensuring the compatibility of property with that surrounding it; and minimizing the possible adverse effect of signs on nearby public and private property.

F.

To maintain and enhance the visual environment, and to preserve the right of the citizens to enjoy West Point's scenic beauty.

G.

To protect the character and appearance of the various neighborhoods in the city, and attract tourists to West Point.

H.

To protect the public investment in streets, highways, and other public improvements and protect and improve the public health, safety, and general welfare.

1.

Authority and application.

A.

The regulations contained herein are adopted under the authority of Article IX, Section II, paragraph IV of the Constitution of the State of Georgia (1983).

B.

Signs constitute a separate and distinct use of land upon which they are placed affect the use of adjacent streets, sidewalks, and other public places and adjacent private places open to the public. The unregulated construction, placement and display of signs constitutes a public nuisance detrimental to the health, safety, convenience and welfare of the residents of West Point.

C.

The rules and regulations contained herein advance these significant government interests and are the minimum amount of regulation necessary to achieve them.

D.

Upon adoption of this ordinance, it shall be unlawful and a violation of this ordinance for any person to erect, construct, paint, alter, relocate, reconstruct, display, or maintain or cause to be erected, constructed, displayed or maintained within the incorporated limits of the City of West Point any sign, unless otherwise exempt without first having obtained a permit from the City of West Point.

2.

Definitions.

A.

Except as specifically defined herein, all words used in these regulations have their customary dictionary definition. Words in the present tense include the future; words in the singular include the plural number, and words in the plural include the singular; the word "sign" includes the word "structure", the word "shall" is mandatory and not directory. The word "may" is permissive. The city is understood to reference the City of West Point.

B.

Certain words in these regulations are defined for the purpose herein as follows:

(1)

Abandoned sign. A sign which no longer identifies a bona fide business, lessor, service, owner, product, or activity, time of event passed, and/or for which no legal owner can be found. The definition shall also include any sign structure which no longer supports the sign for which it was designed.

(2)

Advertising devices. Banners, balloons, or streamers, affixed to poles, wires, or ropes, wind operated devices, flashing lights, and other similar contrivances.

(3)

Attached projecting sign. A sign attached to a building wall or structure that projects more than twelve (12) inches horizontally from the face of the wall.

(4)

Canopy/awning sign. A non-illuminated sign painted on or attached to a fabric or vinyl cover on a rigid frame. Only business names and/or logos be attached to, painted, stenciled, or otherwise placed on these devices.

(5)

Business sign. Any display, advertising device, figure, plaque, poster, outdoor advertising sign or sign maintained or used to advertise or to inform or to direct the attention of the public to a business or activity conducted upon the premises upon which such sign is located or to a product or service sold or rendered thereon.

(6)

Directional sign.

a.

Public directional sign. A sign erected and maintained by local officials within the public right-of-way, to indicate to the traveling public the route and distance to public accommodation, facilities, commercial services and points of scenic, historical, cultural recreational, educational or religious interest.

b.

Private directional sign. A sign authorized by the city to indicate to the traveling public the route and distance to public accommodation, facilities, commercial services and points of scenic, historical, cultural, recreational, educational or religious interest.

(7)

Face. That area of a sign containing the advertising information, printing, drawing or message intended or used to advise or inform, excluding trim and supports.

(8)

Face of building. The total area of the main wall of the building, including windows, doors, and openings, that abuts the front yard of a building or walls that are located on the front property line. On corner lots the face of the building shall include main walls facing the front yard and side yard or main walls fronting on all front and side property lines.

(9)

Flag. That area of a sign containing the advertising information, painting, drawing or message intended or used to advise or inform, and excluding trim and supports.

(10)

Flashing signs. Any sign, the illumination of which is not constant in intensity when in use except illuminated signs that exclusively indicate the date, time or temperature.

(11)

Ground sign. A sign self supported by a pole, post, or other support and not attached to any building, wall, or fence, but in a fixed location. A free-standing sign is not a temporary sign. By way of example, but not limiting the meaning, free-standing signs include: post and arm, monument, pole sign, and other similar signs.

(12)

Historic sign. A historic site or archeological resource which meets most or all the following conditions: It has been designated or is under official study by the National Park Service as a National Historic Landmark; has been designated by national organizations, such as the National Trust for Historic Preservation of the Archaeological Conservancy as threatened and/or endangered, and/or worthy of protection; or has been designated as a locally significant historic resource and has protection by a local preservation and interpretation to the public.

(13)

Integrated business development. A development consisting of two (2) or more interrelated business establishments with minimum square footage of five thousand (5,000) square feet using common driveways and onsite parking facilities, including, but not limited to, shopping centers, office complexes, office building, and business parks.

(14)

Marque.

a.

Permanent marquee. A sign painted on, attached to, or consisting of interchangeable letters on the face of a surface that is free-standing and supported by a pole, post, or other support attached to the ground in a fixed location. Letter or symbols on that face of said marquee shall not exceed six (6) inches.

b.

Portable marquee. A sign painted on, attached to, or consisting of interchangeable letters on the face of a surface that is mounted or attached to a trailer, sled, or other apparatus that can be moved. Letter or symbols on that face of said marquee shall not exceed six (6) inches in height.

c.

Theater marquee. It shall be considered an accessory use if a permanent marquee is directly attached to or associated with the structure that functions primary as a theater of any kind and therefore is addressed in section 20 of the zoning ordinance.

(15)

Monument sign. An outside sign identifying a development, businesses, services, or homes (such as shopping areas or housing development) made of wood, brick, masonry, or stone, the bottom of which is attached directly and permanently to the ground and physically separated from any other structure.

(16)

Non-conforming sign. A sign which lawfully occupied a building or land before March 12, 2007, or other amendment thereto, that does not conform to the regulations of the district in which it is located.

(17)

Off-premise sign. A sign that identifies goods or services that are not sold on the same premises where the sign is located or directs the traveling public to a location.

(18)

On-premise sign. A sign identifying, advertising, or directing attention to a building, profession, product, service, activity, or entertainment that is being conducted, sold or offered on the premises where the sign is located.

(19)

Outdoor advertising sign. An off-premise sign that identifies, advertises, or directs attention to a building, profession, product, service, activity or entertainment not conducted, sold or offered on the premises upon which the sign is erected.

(20)

Pole sign. A free-standing sign having at least one support.

(21)

Political sign. A sign that advertises a candidate or an issue which is to be voted on in a local, state or federal election process. A political sign shall not require a permit.

(22)

Portable sign. A sign not designed or intended to be permanently affixed into the ground or to a structure. By way of example, but not limiting the meaning, portable signs are temporary promotional signs, portable marquee signs, and other similar signs.

(23)

Post and arm sign. A sign that is not attached to a building but is supported by braces, post, or by any other means than by attachment to a building support. By way of example, but not limiting the meaning, a post sign is a free-standing sign comprised of a vertical post to which perpendicular arm is attached and from which sign hangs.

(24)

Premises. A contiguous parcel, lot, or tract of land under a single ownership or a single lease, no part of which is separated from the other by any land under a different ownership or lease agreement.

(25)

Projection sign. A sign that comprises one or more image (pictures) that are emitted from a device (projector) and cast upon a wall, screen, or other surface for visual viewing, a projection sign may consist of moving or still images.

(26)

Public way. Any corridor designed for vehicular or pedestrian use that is maintained with public funds.

(27)

Real estate sign. A sign that advertises a specific lot or parcel of real estate for rent, lease, or sale and being located upon the property for sale, rent, or lease. A real estate sign shall not require a permit.

(28)

Roof sign. Any sign erected, constructed, or maintained upon the roof of any building.

(29)

Safety control sign. Warning, control, OSHA, or required public safety sign.

(30)

Sandwich board sign. A portable A-frame sign also known as a sidewalk sign. Maximum size of sign shall be twenty-four (24) inch width by forty-two (42) inch height.

(31)

Sign. A sign is an object, device, display, or structure, or part thereof, displayed outdoors or visible from a public way, which is used to advertise identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location; or to express a point of view, by any means including words, letters, figures, design, symbols, advertising flags, fixtures, colors, illuminations or projected images. Each different face of a sign shall constitute a separate sign.

(32)

Sign area. The entire area of the actual message or copy area. It shall include decorative trim or embellishments but shall not include structural elements outside the limits of such display surface if the structural elements do not constitute a major part of the sign or if the structure is not used to identify or attract attention to the business or product. All faces shall be counted in computing the sign area.

(33)

Seasonal sign. A sole sign for a business, such as farm or produce stand sign, displayed at least sixty (60) days but no more than one hundred and twenty (120) days each year.

(34)

Shopping center identification sign. A freestanding sign structure containing the name identifying an integrated business development which may also include identification signs on which the names and nature of businesses within the development are uniformly displayed.

(35)

Street or highway frontage. The distance along any one side of any public street or highway, street or alley, measured along the right-of-way line or parallel to the normal right-of-way line where the right-of-way line is not fixed.

(36)

Subdivision or development sign. A sign directing traffic to or from or within or providing information for a commercial, residential or industrial development A subdivision or development sign is also a sign advertising land for sale that has been subdivided into lots or tracts for rent lease, or sale where the sign is not located on the specific land, subdivision, or development that is being held out to the public for sale, rent, or lease.

(37)

Temporary construction sign. A sign that provides the name of the general contractor on a project and may also include sub-contractors.

(38)

Temporary new business sign. A sign that provides information regarding the opening of a new business (such as name, opening date, now hiring and etc.).

(39)

Time and temperature sign. A sign on which the only copy that has that has changes is an electronic or mechanical indication of time and temperature with a display area of no more than four (4) square feet.

(40)

Variable message sign. A sign or portion thereof with characters, letter or graphics that can be changed or rearranged electronically without altering the face or the surface of the sign. Any sign which utilizes lighting to simulate movement, flashing or bursting illuminations shall be considered an animated sign and shall not be allowed.

(41)

Wall sign. Any sign attached parallel to, but within three (3) inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

(42)

Window. Any sign, picture, symbol or combination thereof, placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window or building.

3.

Signs permitted by right.

A.

It is the intent of the sign regulations in these districts to encourage the effective use of signs as a means of communication in 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 affect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign restrictions. The following signs are permitted by right in the following zoning districts.

B.

Residential zoning districts—(R-1A, R-1, R-2, RPUD-1 and MXD-1 residential).

(1)

For single family subdivisions and multi-family complexes, including manufactured or mobile home parks, two (2) monument signs per subdivision entrance, not to exceed six (6) feet in height (including the base) twenty-four (24) square feet in sign area shall be allowed. Sign height is calculated at normal road grade. Signs shall not be allowed in the right-of-way and least ten (10) feet from the street whichever is greater. Signs shall not be internally illuminated.

(2)

For permitted public uses including schools, colleges, publicly owned and operated community structures, community buildings, churches, similar places of worship churches and synagogues: one (1) monument sign not to exceed six (6) feet in height (including the base) and twenty-four (24) square feet of sign area, one (1) wall sign not larger than twenty (24) square feet in sign area and one (1) temporary sign displayed less than fourteen (14) days shall be allowed. Signs shall not be allowed in the right-of-way and at least ten (10) feet from the street whichever is greater.

(3)

For permitted clubs, private and public, including golf and country clubs, fishing and hunting clubs and similar enterprises: one (1) monument sign not to exceed six (6) feet in height (including the base) and twenty-four (24) square feet in sign area, one (1) wall sign not larger than twenty-four (24) square feet, and one (1) temporary sign displayed less than fourteen (14) days shall be allowed. Signs shall not be allowed in the right-of-way and at least ten (10) from the street whichever is greater.

(4)

Garage sale or advertisement. An individual or entity conducting a yard sale or garage sale may place a temporary sign for forty-eight (48) hours prior to the sale. However, such signs shall be removed within forty-eight (48) hours after the completion of the sale. The sign shall be no larger than four (4) square feet in sign area and shall be limited in number to one (1) per premises. No permit is required for this type sign.

(5)

Temporary real estate/subdivision sign. The property owner may place one (1) temporary sign per entrance advertising the property. The sign shall not exceed eight (8) feet in height and thirty-two (32) square feet in sign area and shall be removed when fifty (50) percent of the lots are conveyed.

(6)

Temporary real estate (individual dwelling) sign. One (1) temporary real estate sign per zoned lot advertising the sale of a dwelling shall be allowed. The sign shall not exceed three (3) feet in height and four (4) square feet in sign area. No permit is required for this type sign.

(7)

Temporary construction sign. A general contractor may place one (1) temporary construction sign per entrance on the premises of the property where a land disturbance permit has been issued. The sign shall be no larger than thirty-two (32) square feet in sign area and a maximum height of eight (8) feet. Signs shall not be allowed in the right-of-way and at least ten (10) feet from the street whichever is greater. The general contractor may allow subcontractors a percentage of the temporary construction sign(s) total square footage for advertisement purposes; however, only one (1) sign per entrance will be permitted for temporary placement.

(8)

Home occupation sign. One (1) non-illuminated professional or business name plate not exceeding two (2) square feet in area is permitted.

C.

Commercial zoning districts and industrial zoning districts—(CBD, CGN, CHV, MXD-1, I-1 and I-2)

(1)

Monument signs. One (1) monument sign per lot or per every two hundred (200) feet (or major fraction thereof) of street frontage of the lot shall be allowed. Monument signs shall not exceed six (6) feet in height (including the base) and fifty (50) square feet in sign area. Sign height is calculated at normal road grade. Signs shall not be located in the right-of-way, and must be located at least ten (10) feet from the edge of the pavement or from the road right-of-way, whichever is greater. Signs shall not be internally illuminated. Signs that utilize the electronic message (also known as variable message) option shall internally illuminate only the message part of the sign which shall not exceed fifty (50) percent of the size of the sign. Monument signs in the QDC shall be constructed and designed with brick, stone, or other masonry product and compliment the material and color of the building.

(2)

Post and arm signs. One (1) sign per street frontage is allowed. The maximum height of a pole and arm sign shall not exceed six (6) feet in height nine (9) square feet in sign area. Signs shall not be located in the right-of-way and at least ten (10) feet from the street whichever is greater. In no instance shall more than one (1) ground type sign be allowed per street frontage.

(3)

Wall signs. One (1) wall sign per street frontage is allowed. The maximum area of a wall or building sign shall be no more than ten (10) percent of the total area of the wall of which the sign will be located. In no instance shall the wall sign exceed one hundred fifty (150) square feet.

(4)

Projecting signs and decorative banners. One (1) sign per street frontage is allowed. Sign shall not exceed nine (9) square feet in sign area. A maximum projection of five (5) feet (including the mounting bracket) from the building face with a minimum clearance from the ground of eight (8) feet and a maximum clearance of ten (10) feet. Sign shall be a minimum of one (1) inch thick. Sign shall be centered over the entrance and should be aligned with other signs in the same area so as to create a more uniform appearance. Decorative banners may be allowed. The number of banners, material, color and location will be considered during the review process. The banners shall be no larger than eight (8) square feet.

(5)

Awning signs. Lettering up to six (6) inches in height. The extent of the lettering may cover a maximum of eight (8) feet in width or fifty (50) percent of the awning width, whichever is less.

(6)

Window signs. Window signs shall not exceed twenty-five (25) percent of the total area of the window upon which they are located. Signs shall be made of quality material and arranged in an orderly manner.

(7)

Temporary construction signs. A general contractor may place one (1) temporary construction sign per lot on the premises of the property where a land disturbance permit has been issued. The sign shall be no larger than thirty-two (32) square feet in area, with a maximum height of eight (8) feet from the ground. Signs shall not be located in the right-of-way and at least ten (10) from the street whichever is greater. The general contractor may allow sub-contractors a percentage of the temporary construction signs total square footage for advertisement purposes: however, only one (1) sign will be permitted.

(8)

Temporary real estate signs. The property owner may place one (1) temporary sign per lot advertising the sale or lease of the property. The sign shall not exceed eight (8) feet in height and thirty-two (32) square feet in sign area. Signs shall not be located in the right-of-way and at least ten (10) from the street whichever is greater.

(9)

Temporary new business signs. A new business may place one (1) temporary sign prior to opening which provides information such as name, opening date, now hiring, etc. Sign shall be removed prior to occupying the building for business purposes. The sign shall be no larger than six (6) feet in height and twenty-four (24) square feet in sign area.

(10)

Time and temperature signs. Allowed only in commercial and industrial districts and shall be computed as part of the allowable signage for that district. Sign area shall be no more than four (4) square feet.

(11)

Variable message signs. Variable message signs shall be allowed only in CGN zoning districts, and shall conform to the following requirements:

A.

Signs that flash, blink, show animation or video and/or display any effect that has the appearance of motion including moving text shall be prohibited.

B.

The sign shall display static messages only and static copy shall change no more frequently than once every twenty (20) seconds.

C.

Variable message signs shall only be allowed within a monument sign, except as may be otherwise provided in the City Code.

D.

No variable message sign may operate at a brightness level of more than 0.20 foot candles above ambient light levels as measured at a distance of one hundred fifty (150) feet. The sign owner shall provide a certificate of lumens to the City demonstrating compliance. Each variable message sign must contain a light sensing device that will adjust the brightness of the display to conform to this ordinance as the natural ambient light conditions change.

(12)

Fuel pump canopy. One (1) company logo shall be allowed per street frontage.

(13)

Shopping center signs. A development site must consist of at least three (3) individual businesses and a minimum of fifteen thousand (15,000) square feet of gross building area to be considered a shopping center.

Shopping centers consisting of between fifteen thousand (15,000) and less than thirty thousand (30,000) square feet of gross building area shall be allowed one (1) sign. The total area of the sign shall not exceed one hundred twenty (120) square feet and the height shall not exceed twenty (20) feet including the base. Shopping centers with multiple road frontages shall be allowed two (2) signs. The combined area of the signs shall not exceed one hundred fifty (150) square feet.

Shopping centers consisting of between thirty thousand (30,000) and less than sixty-five thousand (65,000) square feet of gross building area shall be allowed one (1) sign. The total area of the sign shall not exceed two hundred (200) square feet and the height shall not exceed twenty (20) feet including the base. Shopping centers with multiple road frontages shall be allowed two (2) signs. The combined area of the signs shall not exceed two hundred fifty (250) square feet.

Shopping centers consisting of greater than sixty-five thousand (65,000) square feet of gross building area shall be allowed one (1) sign. The total area of the sign shall not exceed three hundred fifty (350) square feet and the height shall not exceed thirty-five (35) feet including the base. Shopping centers with multiple road frontages shall be allowed two (2) signs. The combined area of the signs shall not exceed four hundred fifty (450) square feet.

Shopping center signs in the QDC shall be constructed and designed with brick, stone, or other masonry product and compliment the material and color of the center design.

(14)

Murals.

Statement of purpose and intent. A mural is a work of art painted otherwise directly applied on a building or wall. The presence of works of art, including murals, can be a key element to creating a visually satisfying environment for a community. The city is likely to attract commercial enterprises, permanent residents, and visitors if it improves and maintains its overall appearance. The residents ultimately will benefit from enhanced retail and commercial environments and improvements in the quality of life if an attractive environment exists. The existence of works of art, such as murals, is an invaluable element to creating and maintain a visually appealing setting, which will promote economic development, advance the general prosperity of the community, and serve the general welfare.

The purpose of this ordinance is to recognize the following mural types: (1) historic murals; (2) original art murals; and (3) limited message murals. All other similar forms of outdoor visual art that do not meet the definitions of these three (3) forms of murals set forth herein shall be regulated as wall signs under the sign ordinance. Location, height, overall size, and appropriateness will be determined in the application and permitting process. Murals are not allowed in any residential zoning district.

Historic murals. Historic murals are original works of visual art or signs produced by hand that were tiled, painted directly on, or affixed directly to a wall or building prior to the date of adoption of this ordinance. Murals that re-create a historic image bearing a relationship to a historic West Point theme established after the date of adoption of this ordinance also constitute historic murals. Original historic murals and re-creations of historic images are deemed to comply with this Code.

Original art murals. Original art murals are original works of visual art produced by hand that are tiled, painted directly on, or affixed directly to a wall or building. This section is intended to allow and encourage content neutral original art murals. Such murals shall not contain electrical or mechanical components or feature a changing image. Original art murals cannot contain text, graphics, or symbols.

(a)

Standards for original art murals. Original art murals shall comply with the following standards:

(1)

The mural shall remain in place, without alteration, a minimum of five (5) years. The applicant shall attest to this standard on the permit application.

(2)

No part of any mural shall extend beyond the building wall or freestanding wall on which it is tiled or painted.

(3)

No part of the mural shall extend more than six (6) inches from the plane of the wall upon which it is tiled or painted.

(4)

Only oil-based alkyd enamel or polyurethane enamel, or newer one hundred (100) percent acrylic exterior paints shall be used to create murals.

(5)

Murals executed using spray paint shall be limited to air brushing to ensure that high quality paint is used.

(b)

Prohibited original art murals. The following forms of original art murals shall be prohibited:

(1)

Any mural that contains an element that moves, rotates, or otherwise creates a changing image or message.

(2)

Any mural that uses flashing or scrolling lights, an internal light source, or other light feature.

(3)

Any mural containing electrical or mechanical components.

(4)

Any mural that is applied to a surface as a vinyl or other non-permanent material.

Limited message murals. Limited message murals are murals that are painted on or applied to and made integral with a building wall or free-standing wall that contain a graphic or written message.

(a)

Standards for limited message murals. Limited message murals shall comply with the following standards:

(1)

Limited message murals may contain a graphic or written message not exceeding 50 percent of the width of the building or tenant facade, provided that no such graphic or written message shall have an area exceeding ten (10) percent of the building or tenant facade area as measured at the exterior dimension of the graphic or written message and framing.

(2)

The mural shall remain in place, without alteration, a minimum of five (5) years. The applicant shall attest to this standard on the permit application.

(3)

No part of any mural shall extend beyond the building wall or freestanding wall on which it is tiled or painted.

(4)

No part of the mural shall extend more than six inches from the plane of the wall upon which it is tiled or painted.

(5)

Only oil-based alkyd enamel or polyurethane enamel, or newer one hundred (100) percent acrylic exterior paints shall be used to create murals.

(6)

Murals executed using spray paint shall be limited to air brushing to ensure that high quality paint is used.

(b)

Prohibited limited message murals. The following forms of limited message murals shall be prohibited:

(1)

Any mural that contains an element that moves, rotates, or otherwise creates a changing image or message.

(2)

Any mural that uses flashing or scrolling lights, an internal light source, or other light feature.

(3)

Any mural containing electrical or mechanical components.

(4)

Any mural that is applied to a surface as a vinyl or other non-permanent material.

Mural permitting process. This section establishes administrative permitting procedures to allow re-creation, preservation, and maintenance of historic murals, and creation of original art murals and limited message murals. The procedures set forth herein establish standards for review and approval of applications for new murals or those proposed for repainting or other maintenance to ensure the appropriateness of the mural with the context and compliance with this division. Administrative permits for such applications shall encompass review and approval by the municipal planning board relative to the following standards: compliance with all other aspects of this Code shall be subject to application of the Code by the city planner. If the proposed mural is located in a local historic district the Historic Planning Commission will review and consider after approval by the Municipal Planning Board.

Standards to be used to process mural applications.

(1)

The municipal planning board shall consider the size, scale, and relationship of a mural to the historic context in the case of historic murals. Original art murals and limited message murals may or may not bear any relationship to the West Point context. The content of a mural shall not be the focus of review.

(2)

Repainting of historic advertising shall be guided by exacting documentation concerning the mural.

(3)

A permanent plan for maintenance and exact repainting according to the plan of the original artist shall be submitted with the application. The exact matching of color and application technique shall be specified in the plan.

(4)

Any mural proposed must be on a wall surface that will not mar a key historic feature and will be compatible with the streetscape. image of any faded advertising murals shall be stabilized using appropriate preservation techniques and shall remain otherwise unchanged.

(5)

The standards of this ordinance applicable to each mural type shall be considered.

Appeal

(1)

If application for a mural is denied by the Municipal Planning Board and/or the Historic Perseveration Commission, the applicant may appeal to the Mayor and City Council.

(2)

If for any reason an alteration is requested within the first five (5) years of the mural approval, the applicant or current owner of the building upon which the mural is located may appeal to the Municipal Planning Board. The decision of the Municipal Planning Board will be final.

Prohibited Murals

(1)

Murals on sites with historic or conservation landmarks.

(2)

Murals on sites containing buildings that have been identified as contributing structures to a historic or conservation district unless approved by the HPC.

(3)

Murals for which compensation is given or received for the display of the mural or for the right to place the mural on another's property. The applicant shall certify in the permit application that no compensation will be given or received for the display of the mural or the right to place the mural on the property.

D.

Interstate 85 Commercial Sign Nodes Overlay - (CGN, CHV, MXD-1, I-1 and I-2).

(1)

As delineated with the Interstate 85 commercial sign nodes overlay maps.

a.

Hi-Rise at one hundred eighty-five (185) feet and a maximum one thousand twenty (1,020) square feet.

b.

Street Sign at fourteen and one-half (14.5) feet and a maximum one hundred thirty-five (135) square feet in lieu of the monument sign.

c.

Interior Freestanding sign at twenty-one and one-half (21.5) feet and a maximum of one hundred fifteen (115) square feet in lieu of a building sign for scales.

d.

Two (2) signs for the fuel canopy, not to exceed twenty-four (24) square feet each.

e.

One (1) wall sign for each door per business.

f.

Wall sign not to exceed thirteen (13) square feet each, and not more than seven (7).

g.

Four (4) directional signs; two (2) not to exceed thirty-two (32) square feet and the other two (2) not to exceed four and one-half (4.5) square feet. All may be LED illuminated.

h.

Motor vehicle fuel station sign: Two (2) Motor vehicle fuel station signs per lot or per every two hundred (200) feet (or major fraction thereof) of street frontage of the lot shall be allowed. Signs shall not be located in the right-of-way, and must be located at least three (3) feet from the road right-of-way.

E.

Materials. Permanent signs shall be made of high quality durable material. Approved materials are metal with a minimum thickness of six (6) mm, high density urethane (HDU) or wood. If plywood is to be used, it must have exceptionally smooth and weather resistance surfaces, such as those with medium-density overlay (MDO) board. Other high quality materials shall be given consideration, and if of comparable quality and durability may be allowed in the discretion of the city. Hand painted signs that are not professionally painted will not be allowed. Signs shall compliment the material and color of the building.

Materials (Downtown Historic District). Signs in the Downtown Historic District are held to a higher level of execution and should be unique and compliment the historic nature of the district. Permanent signs shall be made of high density urethane (HDU) with a minimum thickness of one (1) inch or wood with a minimum thickness of three-fourths (¾) inch. Signs may be painted directly on the building if painted professionally. Other high quality material shall be given consideration in the discretion of the city. All signs must be approved by the Downtown District Sign Committee. It is recommended that material should not be ordered for the sign before obtaining approval.

4.

Billboards.

A.

Billboards shall be permitted adjacent to Interstate 85 right-of-way as long as the regulations regarding billboards set forth by the GDOT are complied with. Signs shall not be located within four hundred (400) feet of another sign.

5.

Signs prohibited.

A.

Signs prohibited-generally. All signs not expressly permitted under this ordinance or exempt from regulations hereunder in accordance with this ordinance is prohibited.

B.

Signs that are prohibited shall include, but shall not be limited to any sign attached to any tree, utility pole, light pole, fixture or other support not primarily intended to be used as a support for signage, or painted upon or otherwise directly affixed to any rock, ledge or other natural feature.

C.

No sign shall be erected in any zoning district under the following conditions:

(1)

In the public right-of-way, except for those placed by an authorized governmental agency.

(2)

At any location where, by reason of position, shape, wording or color, it interferes with or obstructs the view of pedestrian or vehicular traffic.

(3)

Which may be confused with any authorized traffic sign, signal, or device.

(4)

Roof signs or signs projecting above a roof line.

(5)

Which project from a building over a public way.

(6)

Signs commonly referred to as wind signs, consisting of one or more pennants, ribbons, spinners, streamers, of captive balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind.

D.

Signs on public property forfeited. Any sign installed or placed on public property or within a public right-of-way, except in conformance with the requirements of this ordinance, shall be forfeited to the public and subject to confiscation. In addition to the remedies hereunder, the city shall have the right to recover from the owner or person placing the sign the full costs of removal and disposal of such a sign.

E.

On-premises signs prohibited. All on-premise signs not expressly permitted under this ordinance or exempt from regulation hereunder in accordance with this ordinance are prohibited. By way of example, but not being limited thereto, the following on-premise signs are prohibited:

(1)

Projection signs or signs with optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.

(2)

Signs with visible moving, revolving, or rotating parts or visible mechanical movement of any descriptions or other apparent visible movement achieved by electrical, electronic, or mechanical means, except for traditional barber poles.

(3)

Signs with illumination that flash, blink, flicker, or vary in intensity or color, except for time-temperature-date signs.

(4)

Signs on a vehicle not regularly used in the conduct of the business advertised on the vehicle.

(5)

Signs posted or painted on roofs, dormers, and balconies.

(6)

Portable signs of any kind unless permitted as an authorized temporary sign.

(7)

Outdoor advertising signs, special exception may be granted for temporary sandwich board signs to be used during peak business hours only. All such signs shall be no larger than twenty-four (24) inches wide by forty-two (42) inches high and approved by the city.

(8)

Animated Signs, search lights, string of lights, inflatable sign or tethered balloons.

(9)

Exposed neon and L.E.D. lighting on signs.

(10)

Banners. Except may be allowed for special events—fourteen (14) days maximum.

F.

Off-premises signs prohibited. Generally all off-premise signs not expressly permitted under this ordinance or exempt from regulation hereunder in accordance with this ordinance are prohibited. By way of example, but not being limited thereto, no off-premise advertising sign shall be relocated in any of the following areas:

(1)

Sites listed in either the Georgia State or National Register of Historic places or on sites designated as county landmarks or community landmarks.

(2)

Greenspace lands and scenic resource sites identified in a final subdivision plat that is adopted through the City of West Point Subdivision Ordinance.

G.

Outdoor advertising signs. Any outdoor sign which advertises, identifies, or pertains to any activity no longer in existence shall be removed by its owner or persons otherwise responsible within thirty (30) days from the time the activity ceases.

H.

Special designation area. To establish, from time to time, particular areas that deserve protection and functioning as a special designation. New construction of outdoor advertising signs shall be prohibited in such areas.

6.

Signs exempted.

A.

Sign classifications: Exempted. The following signs do not require permits but must meet the other requirements of the ordinance:

(1)

Traffic control signs.

(2)

House addresses, family name signs, decorative flags, no trespassing and similar signs.

(3)

Signs on vehicles regularly and customarily used to transport persons or property for the business.

(4)

Directional signs put in place by a governmental entity.

(5)

The flags of any nation, state, town, military or service organization (fifteen (15) square feet or less).

7.

Political signs.

A.

Political signs are permitted in all zoning districts for a period of not more than twelve (12) weeks before a duly authorized election date as established by applicable federal, state, or local law. Political signs shall be located off public rights-of-way and off public properties. All political signs or other devices must be removed within ten (10) days of the candidate's (or issues) election or defeat. No permit is required for this type sign.

8.

General design and construction standards.

A.

Design and construction standards. All signs shall be designed, constructed, and maintained in accordance with the following standards:

(1)

All signs shall be constructed according with good engineering and design principles. In compliance with all building administrative codes and other building codes of the city in conformance with this code, at all times.

(2)

Except for banners, flags, temporary signs, conforming in all respects with the requirements of this ordinance, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to rigid wall, frame, or structure.

9.

Non-conforming signs.

A.

Non-conforming signs. After the effective date of this ordinance, it shall be unlawful for any person to erect, expand, move or place any sign which does not conform to the requirements set forth herein. Signs lawfully existing on the effective date of the ordinance that do no conform to these rules and regulations shall be deemed to be non-conforming legal signs and may remain, except as otherwise specifically qualified in this ordinance.

B.

Modifications. All non-conforming on-premise or outdoor advertising signs, displays, devices, outdoor advertising signs, or similar sign configuration, which are permanently erected and which are designed, intended, or used to advertise or inform shall not be:

(1)

Changed to another non-conforming sign;

(2)

Structurally altered (except to meet safety requirements);

(3)

Altered so as to increase the degree of non-conformity of the sign;

(4)

Expanded; or

(5)

Re-established after its discontinuance for one hundred eighty (180) days.

C.

Alteration permits. Ordinary and necessary repairs that do not change the size, shape, orientation, height, or location of an inventoried outdoor advertising sign shall not require alteration permits. Outdoor advertising sign replacements that transform the non-confronting outdoor advertising sign to conforming shall require an alteration permit.

D.

Signs in disrepair. A non-conforming sign that has been declared by the city to be unsafe because of its physical condition shall not be repaired, rebuilt or restored unless such repair or restoration will result in a sign that complies with rules and regulations of this ordinance. However, nothing in this section shall be deemed to prevent keeping in good repair a non-conforming sign. No repairs other than minor maintenance and upkeep of non-conforming signs shall be permitted except to make the sign comply with requirements of this ordinance.

E.

A non-conforming sign shall not be moved for any distance on the same premises or to other premises unless such change in location will meet or exceed all rules, regulations, and standard set forth in this ordinance.

F.

If a non-conforming sign is removed or discontinued for one hundred eighty (180) days, the subsequent construction, installation, or erection of a sign shall meet or exceed all rules regulations and standards set forth in this ordinance.

G.

A non-conforming sign that is changed to or replaced by a conforming sign shall no longer be deemed non-conforming.

H.

All non-conforming temporary signs shall be brought in to compliance with this ordinance or removed within one hundred eighty (180) days from the effective date of the ordinance. Upon failure to comply with requirements of this ordinance the city may cause the removal of such signs at the expense of the property owner, sign owner, permit holder and/or sign erector. The city shall have the right to maintain an action at law for the recovery of the costs of such removal. If the owner is unknown and cannot be found upon reasonable investigation, the city may cause the removal of such repair.

I.

This section shall not provide the landowner, holder of a sign permit, or other person to have presumption or effect of excusing any violation of any other City Ordinance, nor shall this section have the effect of permitting the continued existence of any unsafe sign or any sign that is not in a good state of repair.

10.

Maintenance and repair.

This section shall apply where a sign is not destroyed by a catastrophic natural event such as a tornado or other act of God. Signs shall be maintained in a safe and secure condition.

A.

Whenever the city finds that any on-premise or off-premise sign is not maintained in good repair and has deteriorated more than fifty (50) percent of its replacement value, the city shall notify the owner thereof and order the owner to repair the on-premise or off-premise sign within a specified amount of time not less than ten (10) calendar days. If the city finds that the on-premise or off-premise sign has deteriorated more than fifty (50) percent of its replacement value, and is not repaired within the time specified in the repair notice, the city shall notify the owner of the on-premise or off-premise sign and the owner of the real property within a specified time. Failure to comply shall authorize the city to proceed under the authority of the Dilapidated Building and Structures Ordinance, provided in the City Ordinances and shall authorize the city to take any and all other remedial steps permitted by law.

11.

Permits.

A.

Except as specifically excluded form 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.

Sign permit cost is based on square footage and payable upon application.

C.

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 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.

12.

Application information.

A.

Applications for sign permits required by this ordinance shall be filed by the sign owner or the owner's agent with the building official. The application shall describe and set forth the following:

(1)

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

(2)

Drawings to include dimensions shall be provided for all signs. Building elevations are also required for wall and window sign placements.

(3)

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

(4)

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

(5)

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

(6)

The distance of the sign from the closet adjacent sign in either direction (ground type signs only).

B.

Time for consideration. The city shall process all sign permit applications within thirty (30) business days of the city's actual receipt of a completed application and a sign permit fee. If the city fails to act within the thirty-day period, the permit shall be deemed to have been granted.

C.

Denial and revocation.

(1)

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 any false material statements. Violation of any provision of this ordinance 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 ordinance, the city 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 thirtieth business day after the city's receipt of the application. Any application denied or later resubmitted shall be deemed in this ordinance and the applicant will be given ten (10) days' written notice of the time, place, and purpose of the hearing, with 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.

(2)

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 the individual file written notice of an appeal with the building official within ten (10) 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 (2) 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 decision no later than thirty (30) days from the date of the hearing. An applicant denied a permit by final decision of the council shall have a right to appeal the decision of the council to superior court.

13.

Enforcement.

A.

The planning director or his designees, including the code enforcement officer, shall be the officials charged with enforcement of this ordinance.

B.

Any person who violates any provision of this article may be cited to appear before the Municipal Court of West Point to answer for the violation, and upon conviction thereof, may be punished to the full extent of the jurisdiction of the municipal court. Each day that a violation occurs shall be a separate offense.

(Ord. No. 2007-10, 3-12-07; Ord. No. 2009-02, § 1(Exh. A), 3-9-09; Ord. No. 2010-06, § 1(Exh. A), 8-9-10; Ord. No. 14-10, §§ 1, 2, 8-11-14; Ord. No. 15-1, §§ 1, 2, 2-9-15; Ord. No. 15-8, § 1, 6-23-15; Ord. No. 17-01, § 1, 5-8-17; Ord. No. 18-4, § 1, 6-11-18; Ord. of 21-2, § 1, 6-14-21; Ord. No. 23-10, § 4, 5-8-23)