Sec Findings on the public health, safety, and welfare rationales of sign regulations.

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1 Forsyth County Sign Orinance Chapter 66 - SIGNS FOOTNOTE(S): --- (1) --- Cross reference Builings an builing regulations, ch. 18; planning, ch. 58; unifie evelopment coe, app. A. (Back) State Law reference signs use by retail istille spirits ealers, signs avertising Georgia lottery, O.C.G.A ; prohibite placement of campaign posters, signs an avertisements, O.C.G.A ; control of signs an signals, O.C.G.A et seq.; unlawful placement of signs within right-ofway of public roa, O.C.G.A ; outoor avertising near state highways, O.C.G.A et seq. (Back) ARTICLE I. - IN GENERAL Secs Reserve. ARTICLE II. - OUTDOOR ADVERTISING AND SIGNAGE FOOTNOTE(S): --- (2) --- Eitor's note Or. No. 74-E, aopte June 1, 2006, amene Art. II in its entirety to rea as herein set out. Former Art. II, , pertaine to similar subject matter, an erive from Or. No. 74- D, , aopte Apr. 20, Sec Finings on the public health, safety, an welfare rationales of sign regulations. Builing coe requirements aress many public concerns about angerous signs. Georgia Stanar Builing Coe provisions relative to signs are suppose to ensure that they will not pose a fire hazar an are appropriately anchore or secure so that they o not fall or blow own. However, the builing coe oes not regulate the location of signs, except to prevent them from interfering with an entryway or fire escape (Southern Builing Coe Congress International, Inc. Stanar Builing Coe Section , Location Restrictions). Sign regulations achieve public safety rationales not achieve by the stanar builing coe. Without a sign orinance, signs can pose a clear anger to public safety. It has long been recognize that signage controls are neee to promote traffic safety an avoi traffic accients. A 1980 Feeral Highway Aministration stuy foun a positive correlation between billboars an accient rates (Scenic America. Fact Sheet (1): Billboar Control: Fighting Visual Pollution, Signs too close to the roa can cause accients. Without aitional regulation, signs can be place angerously close to rights-of-way in locations where they might be struck by an oncoming vehicle using the roa or having to veer off the roa. Signs can impair visibility. The placement of signs can interfere with the sight of motorists trying to exit a riveway onto a public roa. Traffic safety is improve by restricting the size, height, an spacing of signs. Signs istract motorists. By their very nature, signs are esigne to irect attention to something an istract motorists to view a message or turn off the roaway an into a property to frequent a business, Page 1

2 place, or activity. To the extent that signage captures the sight an attention of a motorist, it istracts motorists from the primary purpose of safely maneuvering a vehicle along the roa. Signs can confuse motorists by mimicking traffic safety signals an signs. Motorists might confuse signs that contain flashing or blinking re, green, or yellow lights (such as a lighte portable sign ajacent to the roa) with roaway traffic signals, emergency vehicles, or other hazars. Signs constructe of shapes like an octagonal "stop" sign might also impair public safety by confusing the motorist. Limitations on winow signs can increase visibility from the public right-of-way an thus eter crime an robberies. Sign controls that limit the amount of storefront winow an oor areas that can be covere with signs enhance visibility of activities within the store or builing. Limits on winow signs can provie for an appropriate minimum of exterior visibility an thus increase public safety of commercial areas through a reuction in crime potential. Signs can egrae property values. A principal purpose of lan use regulations, incluing sign controls, is to protect an preserve property values. There is no question that signs affect the character of istricts an the value of builings, or that they are not appropriate in ifferent parts of a community. The size, height, materials of construction, location, conition, an attributes of signs can have an impact on surrouning an nearby lan uses. For instance, if signs were unregulate, large, tall signs coul be erecte in the county's single-family resiential istricts. Such signs, if erecte, woul be out of character with resiential neighborhoos an coul result in the lowering of property values for resiential use. As another example, blighte signs an antiquate signs an sign structures (i.e., the pole with a blank structure for a sign face) can contribute to an overall image of blight an a reuction of property values in eclining areas, if not aresse an remove via sign controls. Forsyth County's sign regulations are neee to ensure that signage is compatible with its surrounings an oes not take away from the character of particular istricts. Unregulate signage can egrae the utility of public safety signs. In some places, unregulate signs can reuce the effectiveness of signs neee to irect the public ue to competition with other signs an the resulting reuction in visibility of public purpose signs. All other avertising meiums are regulate, so why not unavoiable impacts of avertising signs? The Feeral Communications Commission regulates our air waves an television stations an the content that passes through them. Asie from the Highway Beautification Act of 1965, there is little if any feeral involvement in the regulation of signs. This lack of feeral regulation is interesting in the sense that signs are one of the most obtrusive forms of avertising. Signage is probably the only type of avertising that cannot be turne off or rejecte by the consumer. Raio avertisements can be avoie by turning off the raio. The same is true with television avertisements; we flip channels or take a break when television commercials come on. Junk mail can be thrown away. We quickly flip past the avertisements in our favorite magazine when we are isintereste. Phone solicitations can be avoie with "caller ientification" or terminating the conversation. The same cannot be sai of outoor avertising structures an commercial signs. One's vision of signage cannot be turne off. We are captivate by signage when we rive own the roa. How o you avoi signs? We must keep our eyes open to rive an cannot block out signs from our peripheral vision. haps one coul take an alternative route that is not evelope with signs, but that is not always feasible. Absent feeral an significant state regulation, it is in the public interest for cities an counties to control signage. Signs erive their value from public improvements. Businesses locate, an signs are constructe, because of the access the community provies to business locations. It is precisely these types of avertising that are the principal target of local sign regulation the signs controlle locally are those which are visible from public ways. It is the public way that creates the value for the person erecting the sign, an visibility from the public way is what creates the problems which give rise to the nee for sign controls. This is a soun rationale for sign regulation. It logically follows that, because the public way provies value, the public therefore has a right, an inee an obligation, to control the problems that arise from creating that value. Unregulate signs aversely impact public investments. Sign regulation helps to assure that public benefits erive from expenitures of public funs for the improvement an beautification of streets an Page 2

3 other public structures an spaces are protecte. Unregulate signs have the potential to negate those public investments, as well. (Or. No. 74-E, ; Or. No. 74-F, 1.1, ) Sec Finings on the business interest rationales of sign regulations. Sign regulation is in the interest of businesses. One often overlooke justification for the regulation of signs is that sign regulations benefit those businesses that seek to avertise. Unregulate competition among business results in too many signs an can reach a point of iminishing returns where iniviual business signs are not aequately visible. Patrons of iniviual businesses locate along the unregulate commercial strip may miss their estination because they cannot fin the particular business in the sea of signage. The unregulate commercial strip signage also can work to the etriment of iniviual businesses in that they are force to erect larger an more costly signs to outo their neighboring businesses an competitors. Therefore, sign regulations benefit iniviual business owners. The lack of sign controls causes uncertainty among prospective business owners. Forsyth County's sign orinance provies prospective businesses with guiance on how much signage they may have, where it is allowe to be locate an what types of signs are permitte. Without sign controls, business owners lack such guiance. Such a situation coul have etrimental impacts on businesses, either through inequitable treatment or a elay in the time involve in the permitting of signs. Such potential etrimental impacts woul not exist or woul be mitigate with a clear set of sign regulations. (Or. No. 74-E, ; Or. No. 74-F, 1.2, ) Sec Finings on the aesthetic rationales of sign regulations. There are many reasons to justify the county's sign orinance. However, among the most relevant reasons are to promote an ensure the aesthetics of the community. In the earliest ays of sign regulations, relying on aesthetics as a rationale coul not legally justify local sign controls. The Unite States Supreme Court began a slow transformation, from its previous position that aesthetics alone coul not justify lan use regulations, to a position that aesthetic consierations were legitimately within the scope of police power. In 1954, Justice Douglas of the high court foun the following: The concept of public welfare is broa an inclusive. The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to etermine that the community shoul be beautiful as well as healthy, spacious as well as clean, well balance as well as carefully controlle (Berman v Parker 348 U.S. 26, 75 S. Ct. 98, 99 L. E ). Sign regulations help communities maintain their scenic heritage an unique character. Without Forsyth County's bran of sign regulation its commercial areas will likely en up looking like any other place. Signs can interfere with scenic views. The appearance of the community, which is substantially influence by signs, is essential to the county's long-term economic viability an helps etermine how resients an visitors alike perceive it. Sign control is an integral part of improving visual character an quality of life. (Or. No. 74-E, ; Or. No. 74-F, 1.3, ) Sec Objectives. The objectives of this article inclue but are not limite to the following: (a) Provie a reasonable balance between the right of an iniviual to ientify his or her business an the right of the public to be protecte against the visual iscor resulting from the unrestricte proliferation of signs an similar evices. (b) mit the reasonable issemination of all forms of speech. (c) To guar against an excess of large, ugly, intense signs which cause visual blight on the appearance of the county. Visual blight aversely affects the aesthetic quality of life an traffic safety in the county for resients, businesses, peestrians, an persons in vehicles. Page 3

4 () Protect the public health, safety an general welfare while protecting the rights of sign owners to expression an ientification. (e) Promote economic evelopment. (f) Protect property values by minimizing the possible averse effects an visual blight cause by signs. (g) Insure that signs are compatible with ajacent lan uses an with the total visual environment of the community. (h) Encourage signs that are well esigne an compatible with their surrounings an with the builings to which they are appurtenant, an encourage signs that are integrate with an harmonious to the builings an sites they occupy. (i) (j) Eliminate excessive an confusing sign isplays. Recognize that the size of signs that provie aequate ientification in peestrian-oriente business areas iffers from those that are necessary in vehicular-oriente areas where traffic is heavy, travel spees are greater, an require setbacks are greater than in peestrian areas. (k) Preserve an improve the appearance of the county as a place in which to live an to work an as an attraction to nonresients who come to visit or trae. (l) Encourage creative an well-esigne signs that contribute in a positive way to the county's visual environment, express local character, an help evelop a istinctive image for the county, an to iscourage meiocre an poorly esigne signs. (m) Encourage new an replacement signage that is appropriately size in its context so as to be easily reaable. (n) Encourage the construction, alteration, an repair of signs accoring to accepte an approve stanars. (o) Ensure the fair an consistent enforcement of sign regulations. (p) Further the objectives of the county's comprehensive plan an the Unifie Development Coe. (Or. No. 74-E, ; Or. No. 74-F, 1.4, ) Sec Authority, aoption, an scope. This article is aopte to serve substantial governmental interests of correcting an avoiing multiple problems that woul occur without the regulation of signs. The regulations containe herein are no more extensive than necessary to serve the substantial governmental interests ientifie in this article. It is not the intent of this article to apply regulation to signs base upon the message that they convey. It is not the intent of this article to foreclose important an istinct meiums of expression for political, religious or personal messages. Furthermore, it is not the intent of the county, nor any of its boars, commissions, or agents, to regulate, in any manner, the message content of signs, expect to the extent of obscenity or other messages prohibite by state or feeral law. (Or. No. 74-E, ; Or. No. 74-F, 1.5, ) Sec Definitions. For the purposes of this article, certain terms an wors are hereby efine. As use in this article, unless the context otherwise inicates, the following wors an terms shall have the following meaning ascribe to them: Animate sign: A sign with action, motion, soun, or changing colors. This inclues signs that blink, flash or fluctuate lights or other illuminating evices which have a changing light intensity, brightness or color; provie however, that this efinition oes not inclue automate changeable copy signs as efine by this article. Page 4

5 Area of sign: The area within a continuous perimeter enclosing the limits of writing, representation, emblem, or any figure of similar character together with any frame, other material, open space, or color forming an integral part of the isplay or use to ifferentiate such writing, representation, emblem or any figure of similar character from the backgroun against which it is place. For ouble-face signs, only the largest isplay face shall be measure in computing the sign area. Automate changeable copy sign: A sign, usually freestaning, containing copy that changes at intervals. Banner: A temporary sign with or without characters, letters, illustrations or ornamentation applie to natural or synthetic paper or fabric, vinyl an other flexible, roll stock materials that is locate on a builing face or winow or is attache to a fence, post(s), pole(s) or a peestrian light fixture. Posters, labels, ecals, characters or esigns applie to, or sign materials prouce in, sheet form such as corrugate plastic, PVC an acrylic, are exclue from this efinition an may not be use to create a banner. For purposes of this orinance, a banner is a sign. Blae sign: A ouble-sie sign oriente perpenicular to the builing wall. Canopy: A fixe overhea shelter use as a roof which is attache to a builing. Canopy sign: A sign with a single or ouble face copy hung from a canopy. Commercial an inustrial zoning istricts: For the purposes of this article the following zoning istrict are efine as commercial an inustrial: HB, CBD, HC, BP, O&I, OCMS, M1, M2, an MINE. Aitionally, any zoning istrict create after the aoption of this article will be classifie as a "resiential", "office resiential" or "commercial an inustrial" zoning istrict, by the irector of the epartment of planning an community evelopment, epening on the characteristics of the new zoning istrict. Double-face sign: A sign which has two isplay areas against each other or where the interior angle forme by the isplay areas is 60 egrees or less, where one face is esigne to be seen from one irection an the other face from another irection. Discontinue sign: A sign intene to ientify, announce, irect, inform, or bring to the attention of others a subject that has been iscontinue. Electronic message boar (LED): A sign with a fixe or changing message compose of a series of lights that may be change through electronic means. The LED isplay shall not be animate, flashing, or scrolling. The frequency of message change on an LED shall be no more than once every ten secons. Expression sign: A type of sign, not otherwise specifically efine an permitte in this article, which involves the expression of any iea that coul be characterize as free speech, an which is not relate to a particular use of lan. Flashing sign: Any sign, except those efine by this article as a "changeable copy" sign, which is not kept constant in intensity of illumination at all times when in use, an which exhibits marke changes in lighting effects. Frontage, builing: The with in linear feet of the front exterior wall of a particular establishment. Frontage, roa: The with in linear feet of each lot where it abuts the right-of-way of any public street. Groun sign: A permanently affixe sign which is wholly inepenent of a builing for support (i.e., freestaning). Height of sign: The istance in vertical feet from the groun to the highest point of the sign face. Illuminate sign, irect: A sign illuminate by an internal light source which is viewe through a translucent panel. Illuminate sign, inirect: A sign illuminate by an external light source irecte primarily towar such sign. Kiosk sign: A freestaning an multiple-sie structure owne by the county an locate in public rights-of-way that isplays irectional information to resiential an commercial evelopments. Page 5

6 Lot: A esignate parcel, tract, or area of lan establishe by plat, subivision, or as otherwise permitte by law, to be separately owne, use, evelope, or built upon. Marquee: A roofe structure an attache to an supporte by a builing an projecting over private siewalks or private peestrian travel ways. Marquee sign: A sign painte on, attache to or hung from a marquee. For purposes of this article marquee signs shall be consiere wall signs. Monument sign: A freestaning sign where the base of the sign structure is on the groun. The with of the sign structure can be no more than 120 percent of the with of the base. Nonconforming sign: Any sign that lawfully existe on the effective ate of this article but which oes not conform to the provisions of this article. Office resiential zoning istrict: For the purposes of this article the following zoning istrict is efine as an office resiential istrict: OR. Aitionally, any zoning istrict create after the aoption of this article will be classifie as a "resiential", "office resiential" or "commercial an inustrial" zoning istrict, by the irector of the epartment of planning an community evelopment, epening on the characteristics of the new zoning istrict. Peestrian-oriente project: For the purposes of this article, the following zoning istricts are classifie as peestrian-oriente projects: NS, UV, MPD, as well as any other zoning istricts where the anticipate buil-out clearly exhibits ientifiable peestrian elements incluing an internal vehicular network that incorporates siewalks, continuous internal peestrian walkways, peestrian lighting, peestrian scale facaes, an amenity features such as outoor seating an attractive lanscaping. A peestrian-oriente project shall be subject to the NS, UV, MPD an peestrian-oriente project performance stanars as may be amene from time to time. mittee: A person an/or entity erecting a sign on the property of an owner an/or permittee. Planne center, office, commercial, or inustrial: A group of retail stores, service establishments, offices, inustries, or any other businesses, institutions or activities planne to serve the public, which is in common ownership or conominium ownership. Portable sign: A sign which is not permanently affixe, incluing but not limite to signs mounte or painte on vehicles which are parke in such a manner as to serve the purpose of a sign. Projecting wall sign: A wall sign projecting more than 13 inches from the outsie wall or walls of any builing upon which it is locate. Pylon sign: A freestaning sign that rests upon a pylon or pole(s). Resiential zoning istrict: For the purposes of this article the following zoning istrict are efine as resiential: Res1, Res2, Res3, Res4, Res6, MHP, R1R, CR1, R1, R2R, OSR, R2, R3, R4, LR, A1, A2, ARES, CONS, an PUD. Aitionally, any zoning istrict create after the aoption of this article will be classifie as a "resiential", "office resiential" or "commercial an inustrial" zoning istrict, by the irector of the epartment of planning an community evelopment, epening on the characteristics of the new zoning istrict. Roof sign: A sign projecting above the coping of a flat roof, above the rige of a gable, hip or gamble roof, or otherwise locate more than 12 inches above the front builing wall an supporte by or attache to sai roof. Siewalk sign: A movable sign not secure or attache to the groun or surface upon which it is locate. Sign: A lettere, numbere, symbolic, pictorial, or illuminate visual isplay, evice, or communication esigne or use for the purpose of ientifying, announcing, irecting, informing, or bring to the attention of others the subject thereon, that is visible from the public right-of-way of a county, city, or state roa. Sign face: That part of a sign that is or can be use for communicating a message. Temporary sign: A sign of a nonpermanent nature. Page 6

7 Time, place, an manner restriction: Regulations to protect governmental interests unrelate to speech, such as size, shape, location, appearance, an number. Time, place, an manner restrictions on signs have a content neutral effect on speech. Trailer sign: Any sign mounte on wheels an that may be move from one location to another. Wall sign: A sign applie to or mounte to the wall or surface of a builing or structure, the isplay surface of which oes not project more than 12 inches from the outsie wall of such builing or structure. The total lettering on one sie of a builing or structure shall constitute one wall sign. Winow sign: A sign installe insie a winow an intene to be viewe from the outsie. For purposes of this article, the area of any winow sign shall be measure on the basis of the proportion of area within each iniviual winow frame, not the total winow area of a builing winow visible from a public street. (Or. No. 74-E, ; Or. No. 74-F, 2.1, ; Or. No. 74-K, ; Or. No. 74-L, ) Sec Jurisiction. The provisions of this article shall apply to all signs erecte within Forsyth County, except those signs that are within the limits of the City of Cumming or specifically exempte from compliance with this article. (Or. No. 74-E, ; Or. No. 74-F, 2.2, ) Sec Exemptions. The following types of signs are specifically exempte from compliance with this article: (a) Flags. (b) Traffic safety an traffic irectional signs installe within the right-of-way of a public street, an traffic safety an traffic irectional signs along private streets riveways, an in off-street parking lots that are installe per the requirements of the county engineer or per county, state, or feeral orinance. (c) Street aress numbers attache to builings (maximum letter height 12 inches). () Signs erecte by or on the orer of a public officer in the performance of his uty, such as public notices, safety signs an the like. Any sign not visible from a public street. (e) Signs pertaining to the time a business, activity, or establishment is open, an conitions uner which patrons may receive service, incluing creit car ientification signs or stickers up to one square feet in area per lot. (f) County owne kiosk signs. (Or. No. 74-E, ; Or. No. 74-F, 2.3, ) Secs Reserve. DIVISION 2. - PERMITS, ADMINISTRATION, AND ENFORCEMENT Sec Sign permit require. Except as specifically exclue from the provisions of this article, it shall be unlawful for any person to post, isplay, substantially change, or erect a sign in the county without first having obtaine a sign permit. For purposes of this article, application for a sign permit an a builing permit may be mae simultaneously. (Or. No. 74-E, ; Or. No. 74-F, 3.1, ) Page 7

8 Sec Sign permit application. Applications for sign permits shall be file by the sign owner or his agent in the epartment of planning an community evelopment upon forms furnishe by sai office. The application shall escribe an set forth the following: (a) The type of sign as efine in this article. (b) A esign of the sign which shows the height of the sign, the area of the face of the sign, an the structural supports of the sign. (c) The street aress of the property upon which subject sign is to be locate. () A survey of the property, on which the sign will be locate. The survey shall inclue the propose sign location an the istance from the propose sign to property lines, structures, pave street surface, existing signs, an right-of-way. (e) The square foot area per sign an the aggregate square foot area if there is more than one sign face. (f) The name(s) an aress(es) of the owner(s) of the real property upon which the subject sign is to be locate, an consent of the owner, or his agent, granting permission for the placement or maintenance of subject sign, which shall inclue a copy of the lease or other ocument from the owner of the sign which authorize the erection thereof an signe written consent. (g) The irector of planning an community evelopment may require aitional information of such print or sketch to insure compliance with this article. (h) Name, aress, phone number an business license number of the sign contractor. (i) If applicable, member number of liste testing agency. (Or. No. 74-E, ; Or. No. 74-F, 3.2, ; Or. No. 74-K, ) Sec Builing permit require. For any monument sign or any sign connecte to electrical power, it shall be a violation of this article to post, isplay, substantially change, or erect a sign in the county without first having obtaine a builing permit, except for those signs specifically exempte in. The applicant for a builing permit shall submit application materials as specifie by the chief builing inspector, incluing a sketch or print rawn to scale showing pertinent information such as win pressure requirements an isplay materials in accorance with the stanar builing coe. The moification of a sign with existing electrical power will not require a builing permit if the applicant is a member of a liste testing agency an has inclue this information in their sign permit. (Or. No. 74-E, ; Or. No. 74-F, 3.3, ) Sec Process for issuance of sign permits. The irector of planning an community evelopment shall be authorize to issue sign permits in accorance with the provisions of this article. The county shall process all sign permit applications within 30 business ays of the county's actual receipt of both a complete sign permit application an a sign permit fee. For purposes of this only, the term "process" shall mean to make a ecision on sign permit applications that can be aministratively approve. In no event, except with permission of the applicant, may the irector of planning an community evelopment elay acting upon a sign permit application. Any elay in excess of 45 ays shall result in automatic issuance of a sign permit. The irector of planning an community evelopment shall reject any application containing any false material statements or omissions. Any rejecte application later resubmitte shall be eeme to have been submitte on the ate of resubmission, instea of original submission. Shoul it be etermine that a sign permit was issue pursuant to an application containing a false material statement or omission, the irector Page 8

9 of planning an community evelopment shall revoke sai application an the subject sign shall be remove. A revocation pursuant to this shall be appealable pursuant to this article. (Or. No. 74-E, ; Or. No. 74-F, 3.4, ; Am. of ) Sec Sign permit expiration ate. A sign permit shall become null an voi if the sign for which the permit was issue has not been complete within 12 months after the ate of issuance. No refuns will be mae for a permit after the permit is issue. If later an iniviual esires to erect a sign at the same location, a new application for the sign must be processe an another fee pai in accorance with the fee scheule applicable at such time. (Or. No. 74-E, ; Or. No. 74-F, 3.5, ) Sec Sign permit fees. No sign permit shall be issue until the appropriate application has been file with the irector of the epartment of planning an community evelopment an fees have been pai as aopte from time to time by the Forsyth County Boar of Commissioners. (Or. No. 74-E, ; Or. No. 74-F, 3.6, ; Or. No. 74-K, ) Sec Sign ientification labels. With each sign permit, the irector of the epartment of planning an community evelopment or his esignee shall issue a sticker. It shall be the uty of the permittee or his agent to affix such sticker to the sign in the lower right han area so it will be easily seen. The absence of a proper sticker shall be prima facie evience that the sign has been, or is being, erecte or operate in violation of the provisions of this article. The irector of the epartment of planning an community evelopment, or his esignee, shall inspect all existing signs in the county to etermine if such signs conform to the provisions of this article. (Or. No. 74-E, ; Or. No. 74-F, 3.7, ; Or. No. 74-K, ) Sec County occupation license, public liability insurance require. It shall be a violation of this article for any person to engage in the business of erecting or maintaining signs within the county, unless an until such entity shall have obtaine a county occupational license an a certificate of insurance from an insurance company authorize to o business in the state eviencing that the person or entity has in effect public liability an property amage insurance in the sum of $25, for property amage for any one claim an public liability insurance in an amount not less than $100, for injuries, incluing acciental eath to one person. The certificate of insurance shall state that the insurance carrier will notify the county 30 ays in avance of any termination an/or restriction of the coverage. (Or. No. 74-E, ; Or. No. 74-F, 3.8, ) Sec Termination of sign permit an/or county occupation license. Violation of any provision of this article will be grouns for terminating the sign permit grante by the county to the owner an/or the occupation tax certificate of the person or entity erecting the sign. Except as otherwise provie in this article, no permit an/or occupation tax certificate shall be suspene, revoke or cancele except for cause as hereinafter efine, an the permittee is grante a public hearing before the boar of commissioners. The permittee will be given ten ays' written notice of the time, place an purpose of the hearing, with a statement of the reason for the suspension, revocation or canceling of such permit an/or license. "Cause" is the willful an/or continue violation of the provisions of this article. The termination of the permit an/or license oes not in any way preclue the person or persons allege to have violate the provisions of this article from being trie uner the enforcement provisions of this article, or Page 9

10 preclue the county from taking any other action authorize by the Unifie Development Coe, an/or any action authorize by law. (Or. No. 74-E, ; Or. No. 74-F, 3.9, ) Sec Removal of iscontinue signs. It is the intent of this to establish reasonable time perios for the removal of iscontinue signs. For purposes of this, all signs pertaining to a business, service, institution, inustry, or other activity that ceases operations shall be eeme to be iscontinue signs. For purposes of this, "ceases operations" shall be interprete literally an to inclue cases where there is substantial evience that a business or activity has vacate the builing or grouns; provie, further, that this shall not apply to any case where a business or activity is temporarily suspene an there is evience that the business or activity will resume operations within a specifically esignate perio. It shall be the responsibility of the property owner, the operator of a business or activity iscontinuing a lease if any, an the leasehol manager if any, for ensuring compliance with the provisions of this Section an each owner, operator, or manager shall be consiere iniviually responsible for compliance with this. (a) All iscontinue signs, with the exception of pole signs an monument signs, shall be remove within ten ays from the ate of iscontinuance. The irector of planning an community evelopment may permit an extension of this removal perio only in cases where special equipment is neee to remove the sign an removal of the structure cannot reasonably be arrange by the sign owner within the ten-ay time perio. (b) All iscontinue signs that meet the efinition of a pole sign shall be remove within 60 ays from the ate of iscontinuance. The irector of planning an community evelopment may permit one 30-ay extension of this removal perio only in cases where special equipment is neee to remove the sign or sign structures, an removal of the structure cannot reasonably be arrange by the sign owner within the 60-ay time perio. (c) This shall not apply to the structure of a monument sign, provie that it might reasonably be use by a future tenant or property owner, complies with the provisions of this article, an is maintaine in goo conition; provie further, that the following shall be met: (1) If a iscontinue monument sign contains an message panel that is removable from the monument structure without isassembling the monument, then within 30 ays of the ate of iscontinuance sai panel shall be remove an the portion of the monument structure that previously hel the message panel shall be covere with urable cloth or canvas to avoi the appearance of blight, until such time as a new sign permit is applie for an grante an an approve sign panel is installe in sai monument. (2) If a iscontinue monument sign contains a sign copy area that is not removable without isassembling the monument, then sai sign copy area shall be moifie (e.g., painte over) or covere with urable cloth or canvas so that the sign copy pertaining to the business or activity iscontinue is no longer visible, until such time as a new sign permit is applie for an grante an approve sign copy is affixe on the sign copy area of sai monument. (Or. No. 74-E, ; Or. No. 74-F, 3.10, ; Am. of ) Sec Removal of signs not maintaine. All signs shall be maintaine by the property owner in goo conition so as to present a neat an orerly appearance. The irector of the epartment of planning an community evelopment may remove or cause to be remove after notice any sign which shows gross neglect, becomes ilapiate, or in the opinion of the chief builing inspector poses a threat to public safety. The irector of the epartment of planning an community evelopment or his esignee will give the owner 45 ays' written notice to correct the eficiencies or to remove the sign or signs, except signs which pose a threat to public safety which shall be remove in accor with If the owner refuses to correct the eficiencies or remove the sign, the irector of the epartment of planning an community evelopment or his esignee will have the sign remove at the expense of the owner. Page 10

11 (Or. No. 74-E, ; Or. No. 74-F, 3.11, ; Or. No. 74-K, ) Sec Enforcement. This article shall be aministere an enforce by the irector of the epartment of planning an community evelopment or his or her esignee. In case any sign is propose to be erecte, constructe, altere, converte, or use in violation of any provision of this article, the irector of the epartment of planning an community evelopment may, in aition to other remeies, an after notice to the appropriate person, issue a citation for violation of the county orinance thereby requiring the presence of the violator in magistrate court; institute the filing of a petition for an injunction, or other appropriate action or proceeing to prevent such unlawful erection, construction, alteration, conversion, or use to correct or abate such violation. Aitionally, the irector of the epartment of planning an community evelopment may have the sign remove at the expense of the owner an may issue a citation for violation of the county orinance to the agent that place the sign, as well as those parties responsible for irecting the agent, incluing the person or business owner whose name, message, an/or aress, an/or telephone number appears on the sign. Any sign locate within a public street right-of-way may be remove immeiately by the county without warning or notice to the sign owner. (Or. No. 74-E, ; Or. No. 74-F, 3.12, ; Or. No. 74-K, ) Sec Penalty for violation. Any person violating any provision of this article, permitting conition, or stop-work orer shall be subject to a fine up to $1, per violation or by imprisonment for a perio not to excee 60 ays, or both. (Or. No. 74-E, ; Or. No. 74-F, 3.13, ) Sec Reserve. DIVISION 3. - PERMITTED SIGNS AND DIMENSIONAL REQUIREMENTS Sec Nonconforming signs. Nonconforming signs that met all legal requirements when erecte may stay in place until the eterioration of the sign or amage to the sign makes it a threat to public safety, an no repairs have been effecte within five ays of receipt of registere or certifie notice from the irector of planning an community evelopment irecting that immeiate repairs are necessary to protect public safety. Nonconforming signs may not be enlarge or altere except as note in subs (b) an (c). Content changes are not consiere an alteration. Any sign remove in accor with this, or s 66-70, an 66-72, shall not be replace except in accor with the current requirements of this article. (a) A nonconforming sign ajacent to a public roa that is subject to isassembly, razing or removal ue to conemnation or state or county-initiate roa work may be re-erecte on the same lot so long as the height an sign face of the replacement sign is equal to or less than that of the remove sign. (b) Notwithstaning any provision in this article to the contrary, any nonconforming sign that is 20 feet or greater in height with a sign face of no less than may upgrae to a LED sign face upon the owner of such sign entering into a stanarize public safety notification agreement with Forsyth County that will establish uniform aily time requirements for the isplay of Amber Alerts, Levi's Call an other public safety/service messages. This agreement shall be bining upon the then-current owner of the sign an any subsequent owner. Light prouce by a LED sign shall not excee.3 footcanles over ambient light levels at a measurement istance of twohunre feet. LED signs shall have automatic imming capability. A permit shall be require for an upgrae uner this sub. Page 11

12 (c) Notwithstaning any provision in this article to the contrary, any nonconforming sign not otherwise governe by sub (b) may receive a new or upgrae sign face, to inclue automate changeable copy in conformance with (b)(2), so long as the aggregate imensions of the new sign face o not excee the aggregate sign face being remove. For multi-face signs the aggregate sign face shall be measure per sie an aggregating multiple sies to achieve a larger single-sie sign face shall not be permitte. A permit shall be require for an upgrae uner this sub. (Or. No. 74-E, ; Or. No. 74-F, 4.1, ; Or. No. 74-G, ; Or. No. 74-J, ; Am. of ; Or. No. 74-L, ) Sec Prohibite signs. The following types of signs are prohibite in all zoning istricts of the county, except as otherwise specifically provie by this : (a) Animate signs. (b) Automate changeable copy signs, subject to following exceptions: (1) As provie in (b); (2) Where the copy changes at a frequency of no more than once every three hours; or (3) Devices that isplay the ate, time an temperature. (c) Flashing signs. () Any air- or gas-fille balloons or other similar evices. (e) manent signs mae of paper, natural or synthetic fabric, vinyl or other flexible, roll stock materials, except as specifically approve by special permit in accorance with this article. Temporary banner signs mae of non-rigi material are permissible within neighborhoo shopping, urban village, an master planne istricts when attache to peestrian lighting fixtures for a perio up to 60 ays. These temporary banner signs shall be permitte only by issue of a sign permit. (f) Portable signs. (g) Pylon signs, except for traffic an peestrian movement irectional signs locate within neighborhoo shopping, urban village, master planne istricts, an peestrian-oriente projects within other zoning istricts. These exempte signs are for multi-tenant planne commercial or misse use centers an must be set back at least 200 feet from the right-of-way. (h) Roof signs. (i) (j) Siewalk signs, except when locate within neighborhoo shopping, urban village, an master planne istricts. Streamers an pennants, except as specifically approve by special permit in accorance with this orinance. (k) Projecting wall signs. (l) Signs that imitate an official traffic sign or signal. This inclues signs that use colore lights use at any location or in any manner so as to be confuse with or construe as traffic control evices. (m) Signs within the right-of-way, incluing those attache to traffic signs or telephone poles. (n) Signs attache to trees. (o) Signs attache to courtesy benches, trashcans, an similar evices, with the exception of signage relate to the ownership of such items. (p) Trailer signs. Page 12

13 (Or. No. 74-E, ; Or. No. 74-F, 4.2, ; Or. No. 74-I, ; Or. No. 74-L, ) Sec.. - Sign evices allowe for up to ten ays. The following types of signs shall be permitte only by issue of a sign permit, an a builing permit an electrical permit if require, allowing usage of this type sign for a perio not exceeing ten consecutive ays, except as more specifically provie in this. No such permit shall be issue for the same lot at less than four-month intervals. All signs must be set back at least ten feet from the right-of-way. A fee as may be establishe from time to time by resolution of the Forsyth County Boar of Commissioners shall be charge an must be pai for each sign permit an any require builing an electrical permits. (a) Air- or gas-fille balloons or other evices which have a capacity for air or gas which excees three cubic feet, per lot. (b) Streamers or two pennants, per lot. (c) Banners, not specifically exempte from compliance with this article, each with a maximum size of 32 square feet, not to excee three on any given lot. () Two searchlights or similar evices per lot. (Or. No. 74-E, ; Or. No. 74-F, 4.3, ) Sec.. - Weeken signs. Weeken signs shall be allowe without the necessity of obtaining a permit, subject to the following requirements: (a) Such signs shall be allowe only on Friays from 12:00 p.m. through Sunays until 6:00 p.m. (b) No more than one weeken sign shall be allowe on any given lot. (c) No such sign shall be locate on any public right-of-way, an it must be on private property with the consent of the property owner. () Signs shall not excee a maximum area of six square feet each. (e) For ientification purposes the owner of sai sign shall stamp or write legibly its name an contact information, on the backsie or in a corner of the sign. (f) In orer to confirm legitimacy of sign placement, the owner of every weeken sign shall stamp or write legibly on the backsie or corner of the sign the name of the property owner proviing authorization for placement of the sign an a telephone number of that property owner. (g) Such signs shall not be illuminate. (h) The minimum fine for placement of a weeken sign in contravention of this article shall be $ (i) For purposes of prosecuting this article, it is hereby establishe that if the subject matter of a wrongfully place weeken sign is a business, iniviual or entity subject to ientification, then a rebuttable presumption exists that the business, iniviual or entity so ientifie cause the sign to be so place an is subject to citation. (Or. No. 74-E, ; Or. No. 74-F, 4.4, ) Sec Expression signs. Expression signs shall be allowe without the necessity of obtaining a permit, subject to the following requirements: (a) Conformity to the performance tables an all other general requirements of this article; Page 13

14 (b) No more than two expression signs shall be allowe on any lot, except as provie in sub (c) of this ; 1. To the extent a numerical limitation on placement of expression signs in resientially zone lots conflicts with O.C.G.A (a)(2), then the provisions of O.C.G.A shall control; (c) Within 60 ays prior to any local, state or feeral primary, special or general election or ballot initiative wherein citizens of Forsyth County are entitle to vote, an aitional four expression signs shall be permitte on any lot thereby raising the total number of expression signs allowe uring this perio to six; 1. To the extent a numerical limitation on placement of expression signs in resientially zone lots conflicts with O.C.G.A (a)(2), then the provisions of O.C.G.A shall control; () The placement of expression signs in accor with sub (c) of this shall not require that such signs contain a message relate to sai election or ballot initiative, an such signs may contain any lawful, nonobscene content; (e) Any expression signs place in accor with sub (c) of this shall be remove 15 ays after the election or ballot initiative, at which time the maximum number of expression signs shall revert to two per lot; (f) 1. To the extent a numerical limitation on placement of expression signs in resientially zone lots conflicts with O.C.G.A (a)(2), then the provisions of O.C.G.A shall control; Expression signs place on a lot in contravention of this shall be subject to ail enforcement action allowe uner of this article. However, if the sole basis for enforcement action is the number of expression signs on a lot, the enforcing officer shall notify the pertinent lot owner an provie the lot owner an opportunity to remove that minimum number of expression signs such as will result in coe compliance. If the lot owner cannot be reaily locate, the enforcement officer shall be entitle to utilize the enforcement measures of (Or. No. 74-E, ; Or. No. 74-F, 4.4.5, ) Sec Maximum height of signs. The maximum height of any groun sign regulate by this article shall be in accorance with (Or. No. 74-E, ; Or. No. 74-F, 4.5, ) Sec Increase in height of groun signs. A maximum height, as establishe in , shall apply any to any groun sign, except that signs situate below roa grae may, where necessary to achieve aequate visibility, request approval to increase groun sign height from the irector of planning an community evelopment, but in no event shall such groun sign excee the maximum height allowe for zoning esignations set forth in (Or. No. 74-E, ; Or. No. 74-F, 4.6, ; Am. of ) Sec Monument signs. Monument signs shall comply with the following stanars: (a) Base material shall be brick or stone or other similar materials as approve by the irector of planning an community evelopment. The base shall be at least two (2) feet in height. (b) No portion of the supporting structure shall be visible between isplay areas of a ouble-face sign. Page 14

15 (Or. No. 74-K, 4.7, ; Or. No. 74-L, ) Sec Minimum setback from right-of-way. No sign regulate by this article shall be place or erecte within a city, county, state, or feeral rightof-way. Aitionally, no sign, in excess of 30 inches high shall be place within ten feet of a city, county, state, or feeral right-of-way. (Or. No. 74-E, ; Or. No. 74-F, 4.7, ) Note Formerly, Sec Classification of PUD zoning istrict. For the purposes of this article any property in the PUD zoning classification will be classifie as a resiential istrict. However, base on the zoning site plan approve by the boar of commissioners, the irector of the epartment of planning an community evelopment shall esignate specific areas, within PUD zoning classifications, as commercial an inustrial, when such areas have the characteristics of a commercial or inustrial istrict. (Or. No. 74-E, ; Or. No. 74-F, 4.8, ; Am. of ) Note Formerly, Sec GA400 corrior. No signage intene for viewing along a limite access highway shall be erecte, except the following: (a) Sign on any property which is for sale or for rent, but is vacant an contains no builing or structure, uring perio the property is for sale or rent;* or (b) Sign on any property where more than one lot or welling is for sale or rent for resiential purposes, or where more than one builing space is for sale or rent for nonresiential purposes, uring the perio sai lots, wellings, or builing spaces are for sale or for rent.* Any signage provie by this shall be a maximum of 12 feet in height an have a maximum of 32 square feet of sign face. * Ientification of property where sign may be erecte oes not require the sign message be relate to such ientification. (Or. No. 74-E, ; Or. No. 74-F, 4.9, ) Note Formerly, Sec Appeals authorize. Appeals to the zoning boar of appeals may be taken by any person aggrieve by any ecision of the irector of the epartment of planning an community evelopment or other official with authority to aminister or interpret this Coe. In accorance with the appeals provisions from ecisions of the zoning boar of appeals in the Unifie Development Coe, any aggrieve party may appeal a ecision of the zoning boar of appeals. Appeals will follow the requirements an proceures efine in the Unifie Development Coe of Forsyth County. Where the enial of any sign permit is appeale, a final etermination shall be issue by the appellate boy within 45 ays from the ate that the appeal is formally file in writing by the sign applicant. If such etermination is not mae within 45 ays, the sign can be Page 15