This article shall hereafter be known and cited as the "City of Winder Sign Ordinance."

A.

Purpose. This article was enacted with the following purposes:

1.

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

2.

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

3.

To promote economic development.

4.

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

5.

To prevent the destruction of the natural beauty and environment of the City and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting, informal landscaping, and preserve the historic character of the City.

6.

To encourage and ensure that development that is contemporary in design and materials compliments and is compatible and sensitive with the existing character of the area through its proportion, scale, design, style, placement, position, and architectural qualities.

7.

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

8.

To restrict the continued existence of abandoned or nonconforming signs unless in compliance with the terms of this article and to eliminate, over time, all nonconforming signs.

9.

To ensure the fair and consistent enforcement of sign standards.

B.

Findings.

1.

The City 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 such signs tends to proliferate, with property owners desiring ever increasing numbers and sizes of signs, leading to cluttered and aesthetically blighted thoroughfares. In addition, the competition among competing sign owners for visibility of their signs contributes to safety hazards for both vehicles and pedestrians and undermines the sign owners' original purpose of presenting a clear message of its idea or identification of its premises.

2.

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

3.

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 City 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, those signs are marked primarily for the purpose of benefiting the public generally through identification of locations where there may be temporary losses of power.

4.

The City further 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 locating addresses, which is of benefit to persons looking for those addresses and is essential to public safety personnel responding to emergencies. Subdivision entrance signs favor a similar purpose in enabling both the traveling public and emergency personnel to quickly locate subdivision 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 bulk of the provisions of this article are unrelated to the content of the speech provided and allow maximum expressive potential to sign owners.

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

A-frame sign. A detached moveable sign which has two display areas, hinged at the top and an interior angle not to exceed 60 degrees or less. It shall be located in front of and in connection with a business location.

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

Animated signs. A sign or part of a sign which gives the appearance of movement to depict action or to create a special effect or scene, including, but not limited to, any electronic sign which contains anything other than static messages or changes its message more often than permitted by this article. This may also be referred to as a digital sign.

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

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

Banner. A sign with or without characters, letters, illustrations or ornamentation applied to fabric, vinyl, plastic, paper, or similar material mounted or hung either with a frame or without a frame at one or more edges. National flags, state and municipal flags, shall not be considered banners. This includes streamers, pendants, and similar devices.

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

Billboard. A sign with a copy area of 201 square feet or greater displayed outdoors or visible from a public road.

Building inspector. The City building inspector or his or her designee for a particular purpose.

Canopy. A permanent roof-like shelter extending from part or all of the building face and constructed of some durable material such as fabric, metal, glass or plastic, except gasoline canopy.

Changeable copy sign. Any sign that incorporates changing lights, lettering, or images to form a sign message or messages, whether such changes are accomplished electronically or manually. This may also be referred to as a digital sign.

City Council. The City Council of the City of Winder.

Copy. The wording, designs and other message display on a sign surface.

Double-faced sign. A sign which has two display areas against each other or where the interior angle formed by the display area is 45 degrees or less, where one face is designed to be seen from one direction and the other face from another direction.

Dilapidated or neglected signs. A sign (including sign structure) will be dilapidated or neglected if it does not present a neat and orderly appearance, which may be manifested by the following: rust or holes on or in the sign, broken, missing, loose or bent parts, faded or flaking paint, abandoned, or non-operative or partially operative illumination.

Digital billboard. A billboard which incorporates, in whole or in part, a digital sign.

Emergency signs. Warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way.

Façade. The exterior front of a building or structure exposed to public view.

Fall zone. The radius of a circular area around the billboard equal to the height of the billboard at its highest point above ground level at the base of the sign.

Flag. Any official flag of a government entity.

Flashing sign. A sign containing a pattern of changing light illumination where the sign illumination alternates suddenly between bright illumination and fully non-illuminated for the purpose of drawing attention to the sign. The term "flashing" excludes signs which are operated in conformity with this ordinance and where the only periods of full non-illumination are less than one second and exist only between the display of separate individual messages.

Frame effect. A visual effect on a digital sign which depicts movement, fading, mosaic flips, wipes, or other changing effects associated with the transition from one static message to another.

Freestanding sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. A permanently affixed sign which is wholly independent of a building for support. This includes signs commonly referred to as billboards or pylon signs.

Ghost sign. An old hand-painted advertising sign that has been preserved on a building for an extended period of time. The sign may be kept for its nostalgic appeal.

Graffiti. Unauthorized writing or drawing on the facade of any building sign, path, accessory structure, wall, fence, or other site element.

Height of sign. The vertical distance measured from ground level to the highest point of a sign, including the sign structure.

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

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

Kiosk. A small structure with one or more sides that is used to vend merchandise or services.

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

Menu Board Sign. A sign erected as part of an approved drive-through facility and used to display and order products and services available in association with a drive-through business.

Monument. A freestanding sign with a base of not less than 75% of the width of the sign face. This sign is generally a continuous width from the ground to the top of the sign.

Moving sign. A sign, which revolves, rotates, swings, undulates, or otherwise attracts attention through the structural movement of parts.

Multi-tenant. One or more buildings, located on a single premises or development, containing two or more separate and distinct individual establishments, which occupy separate portions of the building or buildings and which are physically separated from each other by walls.

Mural. A form of artistic expression that involves the creation of a hand-painted, hand-tiled, or digitally printed restorative image on the exterior wall of a building. Murals are distinct from commercial signage in that they do not contain any commercial message or advertisement related to the business occupying the premises where the mural is located.

Nonconforming sign. A sign erected or otherwise in use prior to the effective date of this article which fails in one or more respects to comply with all provisions of this article.

Obscene. Material shall be considered obscene if it meets the criteria provided in O.C.G.A. 16-12-80, as amended.

Owner. The title owner and its agents and assignees.

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

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

Permit. A sign permit reviewed, approved, and issued by the City planning department.

Permittee. The person and/or entity owning or leasing the land on which the sign is erected or for which an application has been submitted.

Person. A natural or legal person, including a firm, organization, partnership, trust, and corporation.

Portable or trailer sign. A sign that is designed to be transported trailer or its own wheels, even though such wheels may be removed and the remaining chassis is attached to the ground.

Principal building. The building in which the principal use of the lot is conducted. Non-residential lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other structures with clearly accessory uses shall not be considered principal buildings.

Projecting sign. A sign attached perpendicular to the building façade, extending in whole or part more than 12 inches beyond the building.

Public signs. Signs erected by or on behalf of a governmental body.

Roof line. The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

Roof sign. Any sign erected and constructed wholly on and over the roof of a building, or supported by the roof structure.

Rotating sign. Any sign or portion of a sign that moves in a revolving or similar manner.

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

Sign. Any device, fixture, placard, or structure affixed to, supported by, or suspended by a stationary object, building or the ground that uses any color, form, graphic, illumination, symbol, or writing to communicate information of any kind to the public. For the purpose of removal, "sign" shall also include all of the sign structure.

Sign kiosk. A kiosk that contains signs.

Sign structure. Any structure which supports, has supported or is designed to support a sign. A decorative cover is part of a sign structure.

SR316 signs. A sign located on a parcel of land directly abutting the right-of-way of State Highway 316.

Standard informational sign. A sign with an area of not greater than 4 square feet containing no reflecting elements or projections and which, when erect, stands at a height not greater than 3 feet and is mounted on a stake or metal frame with a thickness or diameter not greater than 1½ inches.

Subdivision entrance sign. Any monument sign placed at the entrance of a platted residential subdivision consisting of more than five parcels, including subdivisions which contain both single-family and multifamily residences.

Suspended sign. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

Temporary sign. Any sign that is not permanently mounted. Temporary sign includes banners, streamers, balloons, and similar signs.

Traffic or safety signs. Signs owned by a government, governmental agency, public utility or railroad which are designed and used for public safety purposes including the regulation or direction of vehicular, railcar or pedestrian movement or activity, or the identity and location of streets and public or emergency facilities.

Water tower. A tower or standpipe serving as a reservoir to deliver water at a required head.

Wall sign. Any sign attached parallel to a wall, painted on the wall surface or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface. Wall signs shall be flush with the wall, building, or structure to which it is mounted or affixed, except as otherwise set forth herein.

Window sign. Any sign that is placed inside a window or upon the windowpanes or glass, either inside or outside the building, and is visible from the exterior of the structure.

The planning director, building inspector and the code enforcement officer are hereby authorized and directed to administer and enforce this article, unless otherwise specifically provided by resolution of the City of Winder City Council.

A.

The standards of this article shall apply to all signs erected within the corporate limits of the City. This includes those areas that have been annexed into the corporate limits of the City.

B.

Private signage agreements. Nothing in this article shall prevent any building owner or association of merchants from establishing by lease or other form of agreement sign regulations which are more stringent than those set forth in this article. However, the City shall not enforce private signage agreements.

A.

A sign permit is required before a sign may be attached to, suspended from or supported on a building or structure or before a sign may be erected and before an existing sign may be enlarged, relocated or materially improved upon to and extent of 60% of its total replacement value.

B.

A sign permit shall be issued by the planning office when the plans, specifications and intended use of the applied sign or part thereof conform in all respects to the applicable provisions of this article and the City building code as certified by the building inspector.

C.

Sign permit/review required. All signs shall be permitted unless exempted by this article. For any sign requiring issuance of a sign permit under the provisions of this article, sign review shall be required prior to installation, relocation, renovation, expansion, enlarged, construction or reconstruction of the sign.

D.

The owner of the sign shall be responsible for maintaining the permit for each sign approved, erected or maintained for which a permit is required by this article. The planning director or their designee shall inspect each sign following its installation to ensure the sign is installed in accordance with the approved sign permit. Once it is determined the sign complies with said permit, a decal shall be affixed to the actual sign or to the entrance door of the place of business indicating the sign has been approved. The purpose of this decal shall be to notify City officers and employees that the sign complies with the provisions of this article and the approved sign permit application.

A.

No permit shall be issued until the exact dimensions and area of the sign have been filed with the planning director or their designee and fees have been paid.

B.

For banners, balloons, inflatables and other temporary signs requiring a permit, a separate permit is required for each parcel, business, and or lot.

C.

A-Frame Signs/sidewalk signs. Permits will be valid for a 12 month period.

A.

Application content. Applications for sign permits required by this article shall be filed in duplicate by the person owning the subject lot, or the owner's agent, at the planning office upon forms furnished by that office. The application shall describe and set forth the following:

1.

Property information.

2.

Contractor information.

3.

Property owner information and authorization.

4.

Sign Company and Contact information.

5.

Electrical Contractor and Contact Information.

6.

Applicable application fee.

7.

A drawing to scale showing the street address of the property upon which the subject sign is located, the proposed location of subject sign on subject property, the distance of the proposed sign from the subject property's boundaries, and all existing structures on the subject site.

8.

Scaled drawings of each sign seeking permit. Free standing sign drawings must be stamped by an engineer certifying structural soundness and wind load capacities.

9.

Photographs of each sign currently on the subject site.

10.

For wall signs, please submit one set of building elevations showing dimensions of the wall, current and proposed signage. For each sign, indicate whether the signage will remain on the property or be removed. For each sign that is proposed or will remain on the site, identify the measurements of the face of the sign in feet and inches. If both sides of the same are identical, calculate only one side. Calculate the face by drawing a box around all lettering, designs, symbols, background forming an integral part of the sign face or used to differentiate the sign face from the structure upon which it is placed.

11.

For Free Standing signs, please submit a plat of the property, showing the location of each existing sign, each proposed sign, the location of each building, and each street frontage for the property. Identify whether each sign will remain on the property or be removed. For each sign that is proposed or will remain on the site, show the dimensions of the sign height in feet and inches. Height shall be computed as the distance from the base of the sign structure at normal grade to the top of the highest component of the sign. Normal grade shall be the lower of (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of elevating the sign. For each sign that is proposed or will remain on the site, identify the measurements of the face of the sign in feet and inches. If both sides of the same are identical, calculate only on one side. Calculate the face by drawing a box around all lettering, designs, symbols, background forming an integral part of the sign face.

12.

For Billboards, submit plans identifying the following:

i.

The location of the proposed billboard and all exiting billboards within a radius of 1,000 feet of the proposed sign and all adjacent right-of-way;

ii.

The location of the proposed billboard and any residential zoning district within 500 feet of the proposed location and all adjacent right-of-way;

iii.

The location of the proposed billboard and any permitted permanent freestanding sign, except standard informational signs, within a minimum of 50 feet and all right-of-way.

iv.

A plat of the property identifying all existing structures, signage, the location of the proposed billboard, and the fall zone.

v.

All Billboard applications must submit a wind load resistance plan certified by an engineer.

13.

For subdivision entrance signs, submit a plat showing the placement of the subdivision sign in relation to the entranceway of the subdivision and other on site signs.

14.

Signs over 30 square feet require engineered designed footings.

B.

Other zoning requirements. Applications that conform to the requirements of this article shall be authorized except where standards from elsewhere in this ordinance apply.

A.

Incomplete; false. The City shall reject any application that is incomplete, that contains false material statements or omissions, or that is for a sign which would violate any standard within this article within 30 business days of receipt of said application.

B.

Processing time; denial. The City shall process all complete and accurate sign permit applications within 30 business days of the City's actual receipt of a complete and accurate application and upon remittance of the appropriate sign permit fee. The City shall give notice to the applicant of his/her decision by hand delivery or by mailing such notice by certified mail, return receipt requested, to the address on the permit application on or before the thirtieth business day. If the decision of the building inspector or his designee is to deny the application, the decision shall state the grounds upon which the denial is based. Failure of the City to act within the thirty-day period shall be deemed a denial of the permit. If notice is mailed in conformity with this section, notice shall be deemed to have been given upon the date of mailing. Any application meeting the standards of this article will be granted. Any application not meeting the standards of this article will be denied. Notifications may be made by email if the applicant requests same in writing.

C.

Appealable. A rejection pursuant to this section shall be appealable pursuant to the procedures of Sec. 11-9. However, notwithstanding the foregoing, a final decision will be rendered within 75 days from date an appeal is filed. If a final decision is not rendered within the seventy five-day period, the decision sought to be appealed shall be affirmed.

D.

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

Should it be determined that a sign permit was issued pursuant to an application containing a false material statement or omission, the planning director or their designee shall revoke said permit and the subject sign shall be immediately removed. A revocation pursuant to this article shall be appealable pursuant to the procedures of Sec. 11-9. However, notwithstanding the foregoing, a final decision will be rendered within 75 days from date an appeal is filed. If a final decision is not rendered within the 75 day period, the decision sought to be appealed shall be affirmed.

A.

An application for a variance from provisions of this article may be initiated by application to the City on the application provided by the planning department.

B.

Timing. City Council shall hear and decide upon a variance within 75 days of the submission of a complete and accurate application. If a decision is not issued within the said 75 days, the application shall be deemed granted.

C.

Procedure. Except as modified by this article, the procedures for requesting a variance from the standards of this article shall be the same procedures as that for seeking a variance from the City's ordinances regulating zoning.

D.

The planning director or their designee shall conduct a site inspection of and shall prepare a recommendation of each application for variance applying the criteria and standards set forth in this article.

E.

Variances shall be limited to the minimum relief necessary to overcome the hardship. No variances shall be granted to allow a greater number of signs than would be allowed if the hardship did not exist.

F.

Variances from the regulations of this article may be granted due to the following hardship situations:

1.

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

2.

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

i.

Placement of the sign elsewhere on the lot would not remedy the visual obstruction;

ii.

Such visibility obstruction was not created by the owner of the subject property; and

iii.

The variance proposed would not create a safety hazard to vehicular traffic or pedestrians.

G.

City Council shall be allowed to grant variances to this article as to setback, building material, sign style, illumination or height. All variances shall be based on the criteria established in Section 11-8.

H.

Limitations. No variance shall be granted to allow a private sign to be placed on a public right-of-way or on City property.

A sign permit shall become null and void if the sign for which the permit was issued has not been installed and completed within six months after the date of issuance; provided, however, 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 90 day extension may be granted by the planning director. No refunds shall be made for a permit after the permit is issued. If a permit expires and later an individual desires to erect a sign at the same location, a new application for the sign must be processed and another fee paid in accordance with the fee schedule applicable at such time.

It shall be unlawful for any person to engage in the business of erecting or maintaining signs within the City unless and until such person has obtained a current occupational tax certificate issued within the State of Georgia and a certificate of insurance from an insurance company authorized to do business in the state evidencing that the person has in effect public liability and property damage insurance providing coverage for any one claim in an amount not less than $100,000.00 for injuries, including accidental death or injury to person or property. The certificate of insurance shall state that the insurance carrier will notify the City 30 days in advance of any termination or restriction of the coverage.

A permit is not required for the following types of signs in any zoning district. However, such signs shall conform to the applicable requirements set forth in this article.

A.

Flags, provided, however, that there shall be no more than four flags on any lot, each flag and pole shall conform to the height and setback restrictions of the zoning district in which they are located.

B.

Markers and informational signs within public and private cemeteries.

C.

Signs on residential structures or premises and mail boxes identifying the name and address of the occupant, not to exceed one square foot in area.

D.

Utility signs. Signs of public utilities companies indicating danger or which serve as an aid to public safety or which show the location of underground utilities, or of public telephones.

E.

Non-illuminated standard informational signs in all districts as long as the signs are in compliance with this article. Each lot and/or development may display one standard informational sign not exceeding four square feet without a permit except that during a political election, between the date of qualification and final determination on each ballot issue or candidacy, each lot may display an unlimited number of standard informational signs.

F.

Numerals displayed for the purpose of identifying property location not to exceed 12 inches in height.

G.

Directional signs indicating the locations or routes of travel within the, subdivision, lot or parcel whereas each sign does not exceed 6 square feet.

H.

Door signs not to exceed 2 square feet in size and not more than one sign per door.

I.

Signs in the interior of a building that are not displayed on the window or intended to be seen for advertising externally.

J.

Public and emergency signs.

K.

Seasonal decorations or displays which are not displayed for more than 45 consecutive days in any 365 day period and which do not advertise a product, service, or entertainment.

L.

Signs during construction. One sign shall be allowed during construction. No permit shall be required when a building permit has been purchased. The sign may be externally illuminated, but shall not exceed 32 square feet in area and 9 feet in height, and shall be allowed beginning with the commencement of construction and ending with the issuance of a certificate of occupancy or installation of a permanent sign, whichever occurs first.

M.

Signs during marketing. Two signs shall be allowed during periods of an active listing/marketing of a property for sale or lease. Such sign shall not exceed 6 square feet in a R-1, R-1A, R-1B, R-2, R-3, MH, or TNPD district. Such sign shall not exceed 32 square feet in a AG, A-2, B-1, B-2, P, E, G, or I district.

N.

Historic signs. Historic signs where:

1.

The lot, building, or structure where the historic sign is to be located was built before 1950;

2.

The owner of the property where the historic sign is to be located has obtained a certificate of appropriateness authorizing the sign from the City's historic preservation commission; and

3.

A previous sign must have been located on the property before 1950. The historic sign's former existence, original design, original size, original color(s), original composition, and other original aesthetic qualities of the historic sign must be documented and shown to the director's satisfaction by photograph(s) or other sufficient evidence as it existed before 1950. The new historic sign must be an exact replica of the pre-1950 sign that was located on the property.

O.

Addresses must be obtained from Barrow County 911. Signs depicting address information must display such information in English so that emergency responders may understand them. Nothing in this article shall be construed to regulate content regarding the use of foreign language or symbols. This section is adopted with the express purpose of facilitating and aiding in the identification and location of businesses and other entities in the City to aid police, fire and other emergency responders and to avoid confusion and delay in such emergencies.

Except as otherwise provided, the following types of signs or advertising devices are prohibited in the City:

A.

Rotating signs.

B.

Flashing signs, scrolling, and electronic changeable signs which change more than once per 10 seconds. No sign shall be permitted which is flashing or blinking.

C.

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

D.

Signs which emit audible sound, fog/smoke, or odor.

E.

Cardboard or paper signs with handwriting of ink, paint, or chalk placed on a structure except in residential zoning districts.

F.

Promotional beacons, search lights or projected laser lights or images.

G.

Window signs that exceed 20% of the individual window on which they are located. The measurement method shall involve calculating the ratio of the total window area to the total exterior wall area on a particular façade.

H.

Wind activated devices other than flags, banners and streamers.

I.

Signs which by reason of their size, location and manner of illumination cast light directly on streets and roads so as to adversely affect traffic movement and safety.

J.

Portable and trailer signs.

K.

Dilapidated or neglected signs.

L.

Abandoned signs or sign structures.

M.

Sign structures which no longer support a sign.

N.

Any sign exceeding permitted size or height.

O.

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

P.

Signs which depict obscene material or advertise an activity which is illegal under federal, state or local laws.

Q.

Signs attached to, painted on, or otherwise positioned in or on any vehicle or truck, whether having a current license or not, that is located in view of any street right-of-way and when in a location or for a period of time that indicates that the use of the vehicle is for displaying the sign to passing motorists or pedestrians, except that such signs shall be allowed on a temporary basis in association with a temporary event permit.

R.

Signs or sign structures for which permits have been revoked.

S.

Signs posted on the support poles of a fuel station canopy.

A.

Noncompliance. No person shall erect or maintain any sign which does not comply with the standards of this article.

B.

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

C.

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

D.

Public nuisance. Any violation of this article is hereby declared to be a public nuisance.

E.

Notice. The planning director, building inspector, code enforcement officer, or their designee shall give the permittee at least ten days' written notice to correct the deficiencies or to remove the sign(s) which is in violation of this article. If the permittee or property owner refuses to correct the deficiencies or remove the sign, the City may have the sign removed at the expense of the permittee or owner of the property.

F.

Citations. If any sign or other device covered by this article is erected, constructed, altered, maintained, converted or used in violation of any provision of this article, the building inspector or code enforcement officer shall issue a citation returnable to Municipal Court. Additionally, the City may seek an injunction for a continuing violation or take other appropriate action to prevent such unlawful erection, construction, alteration, maintenance, conversion or use to correct or abate such violation. Any violation of this article shall be an offense, and the violator shall be subject to a fine of up to $1,000.00 per day.

A.

Maintained. Another nonconforming sign shall not replace a nonconforming sign, except that the substitution or interchange of poster panels, painted panels, paper, vinyl or similar material on nonconforming signs shall be permitted. Subject to the provisions of subsection B of this section, all nonconforming signs shall be maintained in good repair. No nonconforming sign may be converted to a changeable copy sign.

B.

Repairs; material change. Minor repairs and maintenance of nonconforming signs shall be permitted; provided, however, no structural repairs or changes in the size or shape of a nonconforming sign shall be permitted except to make the sign comply with the standards of this article. To the extent that any nonconforming sign allowable hereunder is damaged or destroyed by act of God or by other circumstances beyond control of the owner of the sign then such sign shall be brought into compliance with the current sign regulations or removed in its entirety. "Minor repairs" are repairs costing less than 20% of the replacement cost of the entire sign as determined by the planning director.

C.

Grandfathering. Legal nonconforming signs, except signs that are in violation of Section 10-19, may stay in place until one of the following conditions occurs:

1.

The advertised business ceases at that location;

2.

The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, unsightly, or unkempt; or

3.

The sign has been damaged to such extent that more than minor repairs or a material change is required to restore the sign. No structural repairs or change in shape or size shall be permitted except to make the sign comply with all standards of this article. To the extent that any nonconforming sign allowable hereunder is damaged or destroyed by act of God or by other circumstances beyond control of the owner of the sign then such sign shall be brought into compliance with the current sign regulations or removed in its entirety.

A.

The City of Winder may remove or cause to be removed at the owner's expense all prohibited signs.

B.

The owner on record for the business or property shall be notified of the sign removal in writing, by first-class mail or notice delivered in-person.

C.

No such notice is required when an illegal sign is of minimal value or is placed on a public right-of-way.

D.

The owner may obtain any sign removed by the City within 30 days after notice is mailed or hand delivered and upon payment to the City of any storage and removal charge that may have been incurred by the City. If the owner does not contact the planning department within the 30 days of notice, the signs are subject to destruction. The City is not responsible for any damage which may occur to the sign through the removal.

E.

Sign storage fees for removed signs shall be charged based on the current fee schedule maintained in the office of the Planning Department.

F.

Forfeiture of signs. Any sign installed, attached, or placed on City property (except in conformance with the requirements of this article), shall be forfeited and subject to confiscation and immediate disposal. In addition to other remedies herein, the City shall have the right to recover from the owner or person placing or maintaining such a sign the full costs of removal and disposal of such sign.

G.

Any sign associated with a business which has ceased operations or which no longer identifies as a bona fide business, service, product, or activity for 60 days shall be removed by the property owner of record within 10 days of notification from the planning director or code enforcement. The planning director or code enforcement officer shall provide official written notification to the property owner indicating the type and location of sign(s) which require removal.

A.

Obstructions. No sign shall be erected, relocated, or maintained so as to:

1.

Minimum setback for any part of a freestanding sign shall be 10 feet from all property lines and rights-of-way.

2.

Interfere with safe and free ingress or egress from any door, emergency exit, window, fire escape, means of ventilation, driveway, street, or road;

3.

Prevent free passage from one part of a roof to any other part thereof;

4.

Block pedestrian or vehicular traffic; nor shall any sign block the view of any driver of oncoming traffic;

5.

Block or prohibit access to a fire hydrant or utility meter; or

6.

Interfere with any public utility.

B.

No sign shall be attached in any form, shape of manner to any:

1.

Fire escape, fence, free-standing sign, or similar structure;

2.

Street sign, sign directing or controlling traffic, or any pole or post supporting such signs (except that public signs or emergency signs shall not be subject to this prohibition); or

3.

Tree or shrubbery.

C.

Signs not to constitute traffic hazard or threat. No sign or any part thereof, except authorized public or emergency signs, shall be located in any government right-of-way or extend across the right-of-way of a public road or street. No sign shall be allowed to remain in place if it poses an immediate threat to the life or health of the public.

D.

No sign shall be located within a public right-of-way except for public signs or emergency signs.

E.

"The lowest point of a projecting sign must be positioned at least 8 feet above the finished grade of the sidewalk or pedestrian area beneath the sign."

A.

Size generally.

1.

The copy area of a sign shall be construed to include all lettering, working and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are incidental to the display itself.

2.

The copy area of a sign painted upon or applied to a building shall be considered to include all lettering, working and accompanying designs or symbols, together with any backing associated with the sign.

3.

Where the copy area of the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that smallest rectangle or other single shape that encompasses all of the letters and symbols.

4.

In computing square foot copy area of a double-faced sign, only one side shall be considered; provided that both faces are identical in area. In v-type structures, the interior angle of which exceeds 45 degrees, both sides shall be considered in calculating copy areas.

5.

For any signs on which the words, letters, figures, symbols, logos, fixtures, colors, or other design elements routinely change or are intended to be changed from time to time, the copy area shall include the entire area within which any words, letters, figures, symbols, logos, fixtures, colors, or other design elements may be placed, together with any frame or material, texture or coloring forming an integral part of the sign face or used to differentiate the sign face from the structure upon which it is placed.

A.

The height of a sign shall be computed as the distance from the base of the sign structure at normal grade to the top of the highest component of the sign. Normal grade shall be the lower of: (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of elevating the sign.

B.

In cases in which the normal grade cannot reasonably be determined, sign height shall be computed based on the elevation of the crown of the nearest public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is higher.

C.

The following shall be the maximum sign height for all freestanding signs except subdivision entrance signs, which shall have a maximum height of 8 feet in all districts.

A.

All signs shall be constructed and maintained in conformance with the applicable City of Winder building codes. Such signs, together with their supports, braces, guys, and anchors shall be kept in good repair and must be maintained in a safe condition with a clean appearance.

B.

The planning director or their designee may inspect signs installed under the provisions of this article to determine that each sign meets the requirements set forth in this article and is maintained in conformance with all applicable codes of the City of Winder and the provisions of this article.

C.

The planning director or their designee or duly authorized representatives are authorized to enter upon property for the purpose of making inspections to ensure compliance with all provisions of this article.

D.

Faces. The face of signs shall be flat, with protrusions of no more than 6 inches to allow for the texture of the sign and words, letters, figures, symbols, logos, fixtures, colors, or other design elements. No sign or other advertising structure shall be constructed so as to have nails, tacks, or wires protruding therefrom.

E.

Lighting.

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.

3.

No illuminated signs shall be constructed or maintained within 50 feet of any single-family or duplex residential district or single-family, duplex, or cottage court dwelling.

4.

Digital signs shall only be allowed in B-1, B-2, and G districts.

5.

A digital sign/digital billboard may not allow the display or message to change more frequently than once every 10 seconds.

6.

Maximum brightness levels for digital signs shall not exceed 0.3 foot-candles over ambient light levels measured 250 feet from the sign. Certification must be provided to the City demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Re-inspection and recalibration shall be annually required by the City, in its reasonable discretion, at the permittee's expense to ensure that the specified brightness levels are maintained at all times.

F.

Setbacks. The mandatory 10-foot setback from all property and right-of-way lines shall be measured from the nearest point of the sign that is closest to the respective right-of-way or property line.

G.

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

No sign shall be erected, used, or maintained except in accordance with the requirements of this article and the following tables of permitted signs.

AG, R-1, R-1A, R-1B, R-2, R-3, MH, TNPD DISTRICTS

B-1 and B-2 DISTRICTS

* Only one monument sign is permitted per drive entrance, and under no circumstances will a second freestanding or monument sign be permitted for any one drive entrance.

** Banners/temporary devices are only allowed for 15 days for a maximum of 3 times per year.

DT DISTRICT

* Only one monument sign is permitted per drive entrance, and under no circumstances will a second freestanding or monument sign be permitted for any one drive entrance.

** Banners/temporary devices are only allowed for 15 days for a maximum of 3 times per year.

I DISTRICTS

* Only one wall or canopy sign is permitted per entrance; and under no circumstances will both a wall and a flush canopy sign be permitted for any one entrance.

** Only one freestanding or monument sign is permitted per drive entrance, and under no circumstances will a second freestanding or monument sign be permitted for any one drive entrance.

*** Banners/temporary devices are only allowed for 15 days for a maximum of 3 times per year.

G DISTRICTS

* Only one wall or flush canopy sign is permitted per entrance, and under no circumstances will a wall and a flush canopy sign be permitted for any one entrance.

** Provided that, if an owner has less than 500 feet of lot frontage, then the owner may be allowed one sign.

*** Only one freestanding or monument sign is permitted per drive entrance, and under no circumstances will a second freestanding or monument sign be permitted for any one drive entrance.

**** Banners/temporary devices are only allowed for 15 days for a maximum of 3 times per year.

A.

The intent of this section is to establish size, location and operating standards and regulations for freestanding billboards with a copy area of greater than 201 square feet, including addressing those utilizing newer technologies, in order to minimize the secondary effects that can accompany the unregulated display of these types of signs, preserve the character and repose of adjacent areas, protect property values in all areas of the City, and reduce traffic and similar hazards caused by undue distractions. For purposes of this section, the words "billboard," "digital sign" and "sign" shall have the same meaning.

B.

Billboard structures having more than one surface display area which are tandem (side-by-side) or stacked (one above the other) are considered two billboards and are prohibited.

C.

Any double-faced billboard having back to back surface display areas, may not have an interior angle formed by the display area greater than 45 degrees.

D.

No freestanding billboard may be located within a radius of 1,000 feet of another freestanding billboard, within 500 feet of any residential zoning district, or within a minimum of 50 feet of any permitted permanent freestanding sign, except standard informational signs.

E.

No portions of the billboard may hang over a public right-of-way.

F.

No billboard may be located on top of, cantilevered over or otherwise suspended above any building.

G.

The lot on which the billboard is located shall have sufficient area to accommodate the Fall Zone. No buildings, structures, or appurtenances shall be contained in the Fall Zone.

H.

Construction. In addition to the requirements of Sec. 10-22 and Sec. 10-24, a freestanding billboard shall be constructed in such a fashion that it will withstand all wind and vibration forces that can normally be expected to occur in the vicinity and in compliance with all applicable codes. A freestanding billboard shall be maintained so as to assure proper alignment of structure, continued structural soundness and continued readability of message. All freestanding billboards shall submit a wind-load resistance plan.

I.

Removal: Non-conforming billboards and billboard structures may be removed or repaired within 30 days of notification by the City at the owner's or lessor's expense under the following circumstances: The billboard becomes damaged or dilapidated to the extent that repairs would cost 50% or more of its economic value as determined by the planning director.

J.

Other applicable laws. A billboard must comply with all applicable provisions of federal and state law.

K.

Erection and Maintenance. The following maintenance requirements must be observed for all freestanding billboard signs visible from any public street or highway within the City.

1.

No such sign shall have more than 20% of its surface area covered with disfigured, cracked, ripped or peeling paint or poster paper for a period of more than thirty successive days.

2.

No such sign shall be allowed to stand with broken or damaged supports, loose appendages or struts for a period of more than thirty successive days.

3.

No such sign shall be allowed to have weeds, vines, landscaping or other vegetation growing upon it and obscuring its view from the street or highway from which it is to be viewed for a period of more than thirty successive days.

4.

No neon or internally illuminated sign may be allowed to stand with only partial (less than 100% percent) illumination for a period of more than thirty successive days.

5.

If a sign or sign structure is damaged such that more than 50% of the value is lost, with such determination made by the planning director, any repair or replacement must be done in conformance with this article. If a sign or sign structure is damaged due to vandalism or other criminal or tortious acts, it may be repaired or replaced, regardless of cost, but must be repaired or replaced as previously permitted or if no permit exists, it must be repaired or replaced to the same specifications to which and with the same materials of which the sign was constructed immediately prior to the act which caused the damage.

A.

Applications for sign permits where the proposed sign is to be located in the historic district shall first be reviewed by the City, and the application shall then be submitted to the Historic Preservation Commission as an application for a certificate of appropriateness, which shall approve or disapprove such application under the same ordinances and rules as any other certificate of appropriateness is considered.

B.

In addition to the general requirements which may be applicable to signs located within the City's designated historic district, all signage in the City's designated historic district shall meet the following minimum requirements:

1.

Any sign attached to or painted upon any portion of a building on the National Register located in the City's historic district shall not cover, destroy, or otherwise alter the historic architectural features of the structure.

2.

Signs may be painted on windows, painted or sewn on awnings and/or hanging or projecting signs, provided they comply with all other ordinances of the City which are or may be applicable thereto.

3.

Contemporary design of signs on existing or new structures shall not be discouraged when such signs do not destroy significant historical, architectural, or cultural material and such design is compatible with the size, scale, color, material, and character of the property, where such signs are located.

4.

Historical markers or plaques may be placed on any historical building or site, provided the size and location are in compliance with all other requirements of this article.

5.

Any illumination or lighting devices used on or directed at signs must be installed and maintained in a way that preserves the character and appearance of the historic district or any of its components.

6.

No billboards are permitted in the City's designated historic district.

7.

Freestanding signs shall be limited to a maximum height of 8 feet, except where a lower height limit applies.

8.

Both digital signs and flashing signs are prohibited.

C.

There shall be no requirement that temporary signs, as defined in this article, must be submitted to the historic preservation commission for approval or disapproval.

D.

Ghost sign is an old hand-painted advertising sign that has been preserved on a building for an extended period of time. The sign may be kept for its nostalgic appeal. Ghost signs will not contribute to the square footage of signs allowed by the current sign ordinance.

Subdivision entrance signs shall be subject to the following regulations:

A.

Such entrance signs shall not count toward the maximum allowable signage on a residential parcel.

B.

Such signs shall be located within 50 feet of an entranceway.

C.

Such signs shall be separated from signs at other entranceways by at least 200 feet and from other on-site signs by at least 100 feet, such distance to be measured along the property line. When such signs are located adjacent to more than one right-of-way, such separation shall be measured along the property line and continuing around the corner.

D.

Such signs shall indicate only the platted subdivision or platted residential development served by the entrance. Where a multi-family development is located on more than one street, one sign may be displayed on each street.

A.

Murals shall only be allowed in non-residential zoning districts.

B.

Only one mural shall be allowed per building side.

C.

There shall be no maximum mural size.

D.

Under no circumstances may any mural be permitted within 200 feet of an intersection if the planning director or chief of police deems it to be a potential distraction for vehicles.

E.

The mural shall remain in place, without alteration, for a minimum period of two years. "Alterations" include any change to a permitted mural, including, but not limited to, any change to the image(s), materials, colors, or size of the permitted mural. Alterations shall trigger the need to apply for a new permit. "Alteration" does not include naturally occurring changes to the mural caused by exposure to the elements or the passage of time. Minor changes to the permitted mural that result from the maintenance or repair of the mural shall not constitute "alteration." Such minor changes may include slight and unintended deviations from the original image, colors, or materials that occur when the permitted mural is repaired due to the passage of time or as a result of vandalism. Murals may be removed within the first two years of the date of permit if the property on which the mural is located is sold; or the mural is altered in a way that precludes continuance of the mural.

F.

Mural application will be reviewed by staff for compliance with this Article.

Scoreboards accessory to arenas, stadiums, and recreational/sports fields. Signs within the premises of an arena, stadium, or recreational or sports field or erected on walls, fences, dugouts, press boxes, stadium stands, concession stands, ticket booths, benches and locker rooms of such facilities are allowed without a permit under the provisions of this section, pursuant to the following conditions:

A.

A freestanding on-premises sign shall face the arena, stadium, or sports field.

B.

Sign content may be placed on the front and rear of a freestanding on-premises sign.

C.

There shall be no limit on the number of signs per site provided that such sign faces the arena, stadium, or sports field.

Banners, streamers, pennants, balloons, and similar temporary signs shall be permitted on private property with the property owner's permission and when the occupant has a valid occupational tax certificate. They shall be limited to three temporary advertising periods of 15 days per calendar year. Businesses shall have a minimum of 15 days between temporary advertising periods. Government properties are exempt from the limitations of the advertising periods.

A.

During the opening of a new business with a valid occupational tax certificate, a business shall be permitted to display temporary signs for 15 days. A change in owner or management does not signify a new business.

B.

Temporary signs shall be permitted only in B-1, B-2, DT, G, and I districts.

C.

A banner shall not exceed 48 square feet.

D.

A maximum of two temporary signs may be displayed at the same time per lot.

E.

No banner shall be mounted so as to extend above the horizontal plane of the roof where the building wall and roof meet.

F.

All such temporary signs must be maintained in good condition.

G.

Balloons larger than 10 feet in diameter are not permitted.

H.

Inflatables shall not be higher than 25 feet above grade; and shall not be erected or maintained on a building parapet or roof. These devices shall be located on either an attached, tethered or freestanding structure.

I.

The device and its structure shall not block or inhibit the visibility of vehicular traffic or in any way pose a danger to pedestrians or vehicular traffic or property.

The planning director or their designee may permit the display of a temporary window sign or signs, in excess of the allowed area, for up to 45 consecutive days within a 365 day period.

A.

Each sign must be located within one foot of the pedestrian entrance to which the sign relates. A-frame signs shall not be placed in a manner to block entrance into a neighboring business/property.

B.

Such signs may be utilized only during the hours of operation of the store or entity using it and shall be removed during the hours it is closed.

C.

A-frame signs shall not block the sidewalk so that a pedestrian cannot pass and shall allow for a standard wheelchair to move freely around the sign.

D.

A-frames signs are not permitted in the road, in public parking areas, or within 3 feet of a crossing or pedestrian ramp.

E.

A-frame signs shall be weighted or otherwise secured to reduce susceptibility to winds. Signs shall be removed when adverse weather is in the area or winds are advised to be above 20 miles per hour.

F.

In addition to other applicable provisions concerning permit revocation, the permit for an A-frame sign may be permanently or temporarily revoked without notice, if the planning director or his designee finds that the sign is a public nuisance or if the sign blocks pedestrian or wheelchair traffic, City operations or if the sign is not properly maintained.

G.

The owner of the A-frame sign shall assume all liability incurred by the placement of the sign on public property and shall carry applicable personal liability insurance to cover all claims. The City shall be held harmless for the placement of the sign.

A.

Outdoor menu boards are allowed only under the following conditions:

1.

A maximum of two (2) menu board signs, either freestanding or wall mounted, shall be allowed per business.

2.

Maximum area shall not exceed thirty (30) square feet per sign.

3.

Maximum sign height shall not exceed six feet (6') for freestanding menu signs.

4.

The display area of the menu board sign shall not face the primary frontage.

5.

The sign shall be allowed to be located on the property in the side or rear yard;

A.

Information must be posted identifying voltage and amperage levels and any type of use, fees, or safety information related to the electric vehicle charging station.

B.

Public electric vehicle charging stations must be posted with signage indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.

A.

Master sign plans shall be submitted for all subdivisions, multi-family developments, and multi-tenant commercial developments.

B.

The master sign plan shall include the following:

1.

Total number of signs proposed on the property.

2.

The type of each proposed sign.

3.

The size of each proposed sign.

4.

The materials of each proposed sign.

5.

When applicable, the engineer-approved footing(s) for monument sign(s).

6.

A site plan showing the location of each sign.

C.

Review.

1.

The master sign plan will be reviewed by staff for compliance with this section.

2.

If the plan requires one or more variances, the master sign plan will be required to be reviewed by City Council.

A.

Purpose: The purpose of this section is to regulate and control changes to business signs and changes in the use of properties within the jurisdiction. This regulation ensures that alterations to signs and changes in use align with the overall objectives of the zoning code, including aesthetics, safety, and compatibility with surrounding areas.

B.

Permit Requirement:

1.

Sign Changes: Whenever there is a proposed change to an existing business sign, including but not limited to alterations in design, size, location, illumination, or content, a sign permit must be obtained from the City. This requirement applies to both exterior and interior signs, as long as they are visible from the exterior.

2.

Change in Use: When there is a change in the use of a property, whether a change in the primary type of business conducted or a significant alteration in the nature of services provided, a sign permit is required if such a change results in a need for different or additional signage.

3.

Permit: Applicants for a sign permit due to sign changes or a change in use must submit a complete application to the City.