§ 20-23. General regulations.

(a)

Animated illumination or effects, electronic, and/or flashing signs.

(1)

Animated illumination or effects, electronic, and/or flashing signs are prohibited in the downtown business district (DBD) and on residential use properties. Such signs are allowed on a limited basis as further stated herein. Freestanding electronic signs are allowed on the list of roads identified in section 20-25, and require a permit.

(2)

Any permit for such signs shall include a maximum number of displays per cycle for the structure. No more than six (6) displays per minute shall be allowed, and each display shall not change more frequently than once every ten (10) seconds.

(3)

Such displays shall contain static messages only, changed instantaneously, through dissolve or fade transitions, or other subtle transitions that do not have the appearance of moving text or images. In any event, such signs may not have movement, or the appearance of or illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement of any illumination or the flashing, scintillating, or varying of light intensity.

(4)

All such signs shall be programmed to automatically freeze in a single display in the event of a malfunction or computer/system error.

(5)

The planning and development department shall be provided with an on-call contact person and phone number for each permitted animated illumination or effects, electronic and/or flashing sign. The contact person must have the ability and authority to make immediate modifications to the displays and lighting levels should the need arise. In the event the contact person is unobtainable or unresponsive, the permit holder grants to the planning and development department the authority to access and disable the sign in cases of emergency or when the sign poses a threat to public safety.

(6)

Stationary electronic window signs, which are kept constant in intensity when in use, and do not exhibit sudden or marked changes in lighting effects, may be allowed up to a maximum of four (4) square feet in area in nonresidential zoning districts and do not require a permit.

(7)

Animated illumination or effects, electronic, and/or flashing wall signs shall not be allowed.

(8)

Animated illumination or effects, electronic, and/or flashing freestanding signs, including those which are stationary, shall in no case exceed fifty (50) percent of total sign face.

(b)

Changeable copy signs. Such signs shall be allowed only as an addition to, or in conjunction with, a permitted freestanding sign and must be permanently affixed to said sign. Changeable copy signs shall not be allowed to stand alone. Such signs shall be deducted from allocated freestanding sign area.

(c)

Clearance from high voltage power lines. Signs shall be located not less than fifteen (15) feet horizontally, vertically, or diagonally from overhead electrical conductors which are energized in excess of seven hundred fifty (750) volts. Signs located in the vicinity of electrical conductors energized with less than seven hundred fifty (750) volts shall maintain clearances in accordance with the National Electric Safety Code. Copies of said code are on file with the building official. In no case shall a sign be installed closer than five (5) feet from any electrical conductor or public utility guy wire.

(d)

Construction standards.

(1)

Building codes. All permanent signs permitted under this article shall be constructed and maintained in accordance with the applicable city building codes. For any sign that is greater than eight (8) feet in height (as measured from grade) and greater than thirty-two (32) square feet in area, the permittee may be required to submit, with the sign application, detailed structural design drawings of the sign and its foundations. Such drawings must include the foundation, supporting structure and sign face and must be certified by a licensed professional structural engineer. The certifying engineer must also be able to provide an insurance certificate indicating it carries a minimum of one million dollars ($1,000,000.00) of professional liability insurance. The city may remove, after reasonable notice, any sign which shows structural faults, neglect or becomes dilapidated.

(2)

Illumination. Signs may be externally illuminated where permitted pursuant to this article. Colored lighting is prohibited.

(e)

Content of sign. This article shall not regulate the specific content of signs. Any sign, display or device allowed under this article may contain commercial or noncommercial copy unless otherwise specified herein, except that such copy shall not contain nudity, sexual conduct, obscene or pornographic material or advertise an illegal activity as defined in the United States and/or Georgia Codes. This article will in no way infringe upon any person's constitutional rights.

(f)

Definitions and specific provisions. The names of sign types and other words have special meanings in this article. Consult section 20-18 of this article and the other specific provisions to determine the meaning of words and the regulations that apply to each type of sign.

(g)

Directory signs. Directory signs located within a multi-tenant development shall be allowed with a permit. Such signs shall be internal to the development, shall have a maximum of two (2) sides, and shall be limited to a maximum of two (2) signs per development. Directory signs shall have a maximum height of eight (8) feet and maximum area of thirty-two (32) square feet. The copy on a directory sign may be changeable. Such signs shall not be allowed on any public right-of-way.

(h)

Electrical and structural safety. All electronic signs and all electrical devices that illuminate signs or otherwise operate signs are subject to approval of the city building inspections division or its successor. All such signs and electrical devices shall only be allowed if listed by an approved testing laboratory or agency and installed in conformance with that listing. All signs shall be built in compliance with all applicable building and electrical codes.

(i)

Lights. Series, lines or rows of lights supported by cables or other physical means typically associated with auto sales lots shall be a minimum of twenty-five (25) feet from the edge of the street or out of the right-of-way, whichever is farthest from the street.

(j)

Measurement.

(1)

Measurement of sign area.

a.

Size generally. The area of a sign shall be computed as the area within the smallest shaped panel, whether rectangular, oval, or otherwise, surrounding the sign text copy and graphic design. The following shall not be calculated when computing sign area: Embellishment, support cladding, monument background and decorative colors.

b.

Structure. The computation of the area of a sign face shall not include the structure, supports, or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature.

c.

Multifaced signs. For multifaced signs, when the sign face surfaces are back-to-back, or where the interior angle formed by the faces is forty-five (45) degrees or less, the area of the sign shall be taken as the areas on the largest side. For all other multifaced signs, the area of the sign shall be the total area on all sides that can be viewed at one (1) time from any angle.

(2)

Measurement of sign height. 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 attached component of the sign. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. At the election of the permit holder, the height of a sign may be measured from the highest point on the sign to the level of the nearest road.

(k)

Other laws still apply. All signs shall comply with all federal, state, and city laws, ordinances, codes and rules. Compliance with the terms of this article shall not operate to relieve any individual, corporation or other entity of any other duty imposed by law.

(l)

Property rights of others must be respected. Issuance of a permit hereunder shall not serve to waive any applicable protective covenants or private rights of property ownership.

(m)

Safety. No sign or other obstruction of vision, including but not limited to, poles or other support structures, with a height greater than three (3) feet, shall be permitted within an area beginning at the intersection of any right-of-way lines of any streets, roads, highways, driveways, curb cuts or railroads, and extending twenty (20) feet along each such right-of-way, and closed by a straight line connecting the end points of the said twenty-foot sections of the right-of-way lines (block out zone).

(n)

Setback. Signs shall be set back a minimum of five (5) feet from all property lines (excludes freestanding signs in the DBD zoning district).

(o)

Sign location.

(1)

Obstructions to doors, windows or fire escapes. No sign shall be erected, relocated, or maintained so as to prevent free ingress or egress from any door, window or fire escape.

(2)

Signs not to constitute traffic hazard. No sign or any part thereof, except authorized traffic signs, shall be located in any public right-of-way. No sign may be located any closer than twenty (20) feet to an intersection as measured from the intersection of the two (2) rights-of-way.

(3)

Setback. Unless a more restrictive setback is specified herein, all signs shall set back the greater of five (5) feet from the right-of-way or fifteen (15) feet from the edge of pavement if a private street.

(p)

Signs attached to a building. Permanent signs attached to a building shall be considered a wall sign and shall comply with the regulations pertaining to wall signs allowed under this chapter (excludes flags).

(q)

Signs shall not be similar to traffic control devices. No sign or illumination shall be used, constructed, maintained or located at any location where it may interfere with or obstruct the view of an authorized traffic control device. Nor shall any sign be used, constructed, maintained, or located where it, by reason of its position, shape, wording or color, may be confused with an authorized traffic control device or emergency vehicle device or markings, including strobe lights.

(r)

Signs generally. Notwithstanding any other restrictions in this sign ordinance, any sign, display or device allowed under this article may contain any commercial or noncommercial message, or any political or nonpolitical message; except that such messages cannot depict obscenity, as defined by O.C.G.A. § 16-12-80, nor can they depict sexual conduct or sexually explicit nudity, as defined in O.C.G.A. § 36-60-3, nor advertise any activity illegal under the laws of Georgia or the United States.

(s)

Structural safety. Any sign within this article attached to a building must meet the city building codes if applicable.

(t)

Twirler and/or curb-cut signs held or worn. Signs held or worn (including costumes) by a person for the purpose of advertising, providing information about, or promoting a business or other activity are permitted with the following limitations:

(1)

Such signs shall be allowed in nonresidential zoning districts only.

(2)

Such signs cannot exceed a maximum sign area of ten (10) square feet.

(3)

Only one (1) such sign may be used for each parcel of land and/or tenant per multi-tenant center and may not be combined with any other temporary signage.

(4)

Signs shall not be held, displayed, or otherwise located on a public street or right-of-way except as otherwise permitted. Signs shall not obstruct pedestrian or vehicular visibility.

(5)

Signs shall not be located within twenty-five (25) feet of another such sign.

(6)

Sign bearers shall not use bull horns, amplified music, whistles, or other devices that could disrupt traffic or endanger pedestrian or traffic safety.

(7)

Sign bearers shall not stand on any object, including but not limited to, boxes, ladders, stilts and roller skates.

(8)

Such signs may not utilize any form of illumination, including flashing, blinking or rotating lights.

(9)

Such signs shall not utilize any attachments, including, but not limited to, balloons, ribbons, speakers or flags.

(10)

Such signs shall be held, worn, or balanced at all times and shall not twirl or rotate unless located on private property.

(u)

What signs are covered. Unless specifically excluded herein, this article shall govern any sign erected, maintained or located in the city. Signs wholly located within a structure or building and which are intended to be viewed from the interior of the building are not regulated by this article.

(Ord. No. 26-12, 5-3-12; Ord. No. 01-15, § 4, 3-5-15)