Duluth › Unified Development Code
Article 6 — Sign Regulations
§ 601
Findings, Purpose and Intent
601.01. Statement of Legislative Purpose
a.The Mayor and Council recognize that signs provide an important medium through which individuals, businesses, and government may convey a variety of messages. However, left unregulated signs can become a threat to the public health and safety as a traffic hazard, as a detriment to property values, and as an aesthetic nuisance affecting the overall economic growth of Duluth. Numerous professional studies have been prepared that examine and establish the effect of signs on traffic safety, aesthetics and economic prosperity, including the following:
1.Klauer, S.G., T.A. Dingus, V.L. Neale, J.D. Sudweeks, D.J. Ramsey. “The Impact of Driver In-attention on Near-Crash/Crash Risk: An Analysis Using the 100-Car Naturalistic Driving Study Data.” National Highway Traffic Safety Administration. DOT HS 810 594. April 2006.
2.Snyder, Jonathan, Samuel S. Fels Fund. “Beyond Aesthetics: How Billboards Affect Economic Prosperity.” December 2011.
3.Wachtel, J., 2009. “Safety Impacts of the Emerging Digital Display Technologies for Outdoor Advertising Signs.” Prepared for AASHTO and the Standing Committee on Research of the National Cooperative Highway Research Program (NCHRP), April 2009. The Veridian Group, Inc., Berkeley, California.
4.Weitz, Jerry, Ph.D., AICP. “The Public Purpose of Roswell's Sign Ordinance and the Implications of Doing Without It: A Position Paper.” December 7, 1999.
b.Based on a review of the cited materials and the studies referenced therein as well as other related studies, the Mayor and Council find that unregulated signs:
1.Can be a safety hazard to drivers and pedestrians;
2.Can be a detriment to the public health;
3.Can hamper economic growth;
4.Can lower property values;
5.Can adversely impact public investments;
6.Can degrade the utility of public safety signs; and
7.Can adversely impact the aesthetic quality of the community and surrounding environment.
601.02. Findings of Fact
The Mayor and Council find that:
a.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.
However, an improperly regulated sign environment imposes health and safety dangers to the public;
b.The result of effective sign regulation will be to lessen hazardous conditions, confusion and visual clutter caused by the proliferation, improper placement, illumination and excessive height and size of signs which compete for the attention of pedestrians and vehicular traffic;
c.Proper regulation of signs is a necessary prerequisite to a peaceable, orderly, and safely designed business environment;
d.Through proper regulation of signs, the aesthetic attractiveness and economic well-being of the city will be enhanced as a place to live, work and conduct business.
e.Concerns about aesthetic and safety issues as balanced with concerns about freedom of expression or speech are reasonably promoted in the City of Duluth by the provisions of this Article.
601.03. Purpose and Intent
The purpose and intent of these sign regulations are:
a.To aid in the identification of businesses and other commercial establishments in the City for police, fire and other emergency responses, and to avoid confusion and delay in response to such emergencies;
b.To protect the public health, morals and welfare from the display of unconstitutionally obscene language and the advertisement of illegal activities.
c.To promote the mental and physical health, safety and welfare of the public by providing for the orderly and harmonious display of signs within the community;
d.To maintain and enhance the aesthetic environment by minimizing visual clutter, encouraging a positive visual environment, and avoiding the erection of displays which produce deleterious and injurious effects to adjacent properties and to the natural beauty of the environment;
e.To provide for the safety of the traveling public, both vehicular and pedestrian, by limiting distractions, hazards, and obstructions;
f.To maintain the City’s ability to attract sources of economic development and growth and to aid in the identification of properties and enterprises for the convenience of the public;
g.To protect the historical character of the city;
h.To encourage the effective use of signs as a means for communication in the City of Duluth by allowing the maximum amount of expression or speech consistent with the compatibility of such expression or speech with other land uses and with the aesthetic and public health, safety and welfare concerns which the City of Duluth is charged by law and the Georgia Constitution with preserving and protecting;
i.To enable the fair and consistent enforcement of these sign regulations while supporting the policies contained in the Comprehensive Plan.
§ 602
Applicability
602.01. Signs that are Regulated
The regulations and requirements of this Article apply to all signs that are or are intended to be viewed from a public right-of-way or adjacent property, or that are intended to be viewed from outdoor areas of private property, except as otherwise exempt under this Section.
602.02. Signs that are Exempt from Permitting Requirements
The following signs are exempt from the permitting requirements of this Article; provided, however, that all such signs must meet the setback requirements of this Article and shall not be located within any public right-of-way or within any Visibility Clearance Area set forth in Section 603.08.
a.Property address numbers as required by the City are exempt.
b.Incidental signs (as defined in this Development Code) that are located in conjunction with a multi-family or nonresidential use are exempt, provided such signs are not illuminated and that the aggregate of all such signs on a property may not exceed 9 square feet (unless a larger aggregate area is required by law or government regulation).
c.Displays or decorations related to a holiday or seasonal event (as defined in this Development Code) that are placed on a property by the owner or with the owner’s permission are exempt.
d.Signs located on property advertising the property being for sale or lease with a total maximum area of sixteen (16) square feet per lot and a maximum height of four (4) feet per sign.
e.Window displays of goods available on a site are not considered to be signs and are exempt from these sign regulations.
f.A building design or color that is associated with a particular establishment or organization, but which conveys no message is not considered to be a sign and is exempt from these sign regulations.
602.03. Signs that are Prohibited
The following signs are prohibited to the extent noted.
a.Privately owned signs erected on or above public property.
1.No person shall erect a sign on or projecting over public property other than the governmental entity responsible for such property, or a public utility company or contractor occupying or working on public property pursuant to government contract or franchise.
2.For the purpose of this Article the public right-of-way shall be measured and determined by the utility poles, unless otherwise indicated or more detailed information is available.
b.Any sign placed or erected on a property without the permission of the property owner.
c.Roof signs, as defined in this Development Code.
d.Vehicular signs, as defined in this Development Code, are not allowed to be placed or parked in such a manner as to be viewed or intended to be viewed from a public right-of-way, except that this prohibition shall not apply in the following circumstances:
1.When such conveyances are actively being used to transport persons, goods or services in the normal course of business;
2.When such conveyances are parked in an inconspicuous area; or
3.When such conveyances are actively being used for storage of construction materials for, and on the same lot with, a bona fide construction project for which building and other applicable permits have been issued and where construction is underway.
e.Animated signs, except electronic changeable copy signs, banners and flags as may be regulated by this Article, are not allowed.
f.Signs that pose a threat to public safety are not allowed, such as:
1.Signs containing or imitating an official traffic sign or signal or contain the words “stop”, “go”, “danger”, “caution”, “warning”, or similar words, except for construction signs and barricades and except when the words are incorporated in the permanent name of a business.
2.Signs that display intermittent or blinking lights resembling the flashing lights customarily used in traffic signals or on police, fire, ambulance or rescue vehicles.
3.Signs located so as to obscure or otherwise interfere with the effectiveness of any official traffic sign, signal or device.
4.Signs located so as to obscure or otherwise interfere with a motor vehicle operator’s view of approaching, merging, or intersecting traffic.
5.Signs that obstruct any fire escape; any means of ingress, egress, or ventilation; or prevent free passage from one part of a roof to any other part thereto; and signs attached in any manner to a fire escape.
g.Hand written, hand painted, handmade or other unprofessionally fabricated signs. A “professionally”
hand-painted sign is one that has been prepared or created by a person engaged in the paid occupation of The following are illustrative examples of “professionally” hand-painted signs that would not be prohibited:
sign-painting and generally reproduces font sets created by such foundries as Adobe, Microsoft, BitStream, etc.
h.Signs located on courtesy benches, waste containers, trashcans and similar devices.
i.Pole signs and column signs, except historic pole signs allowed under Section 604.04(a)(1).
j.Signs displaying words, characters, and/or illustrations of an obscene, indecent or immoral nature as defined by the Code of Ordinances of the City of Duluth or as defined by the State of Georgia at O.C.G.A.
Section 16-12-80 (b) or displaying nudity as defined by the State of Georgia at O.C.G.A. Section 16-12-81 (b)(1).
k.Signs that advertise or encourage illegal activity as defined by local, state or federal laws.
l.Unshielded illuminated devices that produce glare or create a hazard or nuisance to motorists or occupants of adjacent properties.
m.A sign that emits or utilizes in any manner any sound capable of being detected on any traveled road or highway by a person with normal hearing, or a sign that emits smoke, vapor, particles or odor.
n.Signs with lighting or control mechanisms that cause radio, television or other communications interference.
o.Motion picture mechanisms or video displays used in such a manner as to permit or allow moving or animated images to be visible from a public right-of-way or sidewalk.
p.Certain illuminated signs, as follows:
1.Signs containing, including, or illuminated by any flashing, intermittent, or moving lights, scrolling lights, and/or utilizing changes in the intensity of lighting are prohibited.
2.Any illumination of a sign that interferes with the effectiveness of, or obscures, an official traffic sign, device, or signal is prohibited.
3.Any illumination of a sign that is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of a street and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with the operation of any motor vehicle, is prohibited.
4.No red, green or yellow illuminated sign shall be placed within 300 feet of any traffic light.
5.Search lights or spotlights, except for special business promotions or a new business “grand opening”. For each event, such devices shall receive prior written approval through issuance of a Temporary Sign Permit by the City, along with written consent from the Gwinnett County Airport Authority. Such lights shall not create a nuisance or interfere with vehicular traffic and shall adhere to all applicable regulations of the Federal Aviation Administration (FAA).
q.Banners except as allowed by this Article for specific types of signs, including temporary signage under Section 608.06.
r.Portable signs, except A-frame signs as may be allowed under this Article for a non-residential use, or as provided for temporary signage under Section 608.06 of this Article.
s.Festoons, as defined in this Development Code, except as provided for temporary signage under Section 608.06 of this Article.
t.Inflatable signs, including air or gas filled balloons or other inflatable devices, are prohibited except as exempted as seasonal and holiday decorations under Section 602.02(e) of this Article or as provided for temporary signage under Section 608.06 of this Article.
§ 603
Requirements that Apply to Signs in General
603.01. Compliance with Other Codes and Provisions
a.Any sign that will be erected, replaced, reconstructed, repaired, altered, relocated or maintained within the city shall conform to the requirements of the International Building Code, Appendix H, and to the requirements of the National Electrical Code, Article 600, “Electrical Signs and Outdoor Lighting,” as adopted with amendments by the State of Georgia. Where the provisions of the building or electrical code and this Article conflict or overlap, the most stringent requirement shall prevail and be controlling.
b.In accordance with the National Electrical Code specifications, all signs shall be located in such a way that they maintain horizontal and vertical clearance from all overhead utilities. In no case shall any sign be installed within 3 feet horizontally or vertically from any overhead utility line or utility guy wire.
c.Any sign that will be erected, replaced, reconstructed, repaired, altered or relocated within the city shall conform to all other provisions of this Unified Development Code and other ordinances of the City of Duluth. In the event of conflict between the provisions of this Article and other articles of this Development Code or City ordinances, the most stringent requirements shall prevail and be controlling.
603.02. Computation of Sign Area
a.Generally.
1.The area of a sign face or module shall be computed by means of the smallest rectangle that will encompass the extreme limits of the writing, representation, emblem, color, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets other regulations of the City and is clearly incidental to the display itself.
2.If a sign face is composed of two or more sign modules, the sign face area shall be the area of each module, measured in accordance with the preceding paragraph (1), totaled together.
3.The area of a sign structure shall be computed by means of the smallest rectangle that will encompass the extreme limits of the sign, by multiplying:
i.The width of the body of the sign (exclusive of the sign’s base or decorative cap, if any)
measured at the widest portion of the sign body; times
ii.The total height of the sign as defined in Article 14 under “sign height.”
4.The following are examples of how sign structure and sign face area measurements are made;
the signs shown are illustrative and only provided for clarity.
b.Area of Multi-Faced Signs. The sign face area of a sign structure with more than one side, and such sides are not more than 12 inches apart at their closest point, shall be computed as follows:
1.Double-faced signs. For double-faced signs, when the sign face surfaces are parallel (back-to-back), or where the smallest angle formed between the two faces is 60 degrees or less, the area of the sign shall be taken as the area of the largest side. For double-faced signs where the interior angle formed by the faces is more than 60 degrees, the sign face area shall be the total area of both sides.
2.Signs with three or more faces.
i.For sign structures having only three sides and the interior angle formed between each of the sides is 60 degrees, the sign face area shall be taken as the area of the largest of the three sides.
ii.For all other multi-faced signs with three or more sides, the sign face area shall be either the largest sign on any one side, or the largest total of all sign faces that are joined by an interior angle of more than 60 degrees, whichever can be viewed from an adjoining street.
c.Free-Form Signs. For signs that have no identifiable frame or border, the smallest rectangle that includes all of the sign’s words, letters, figures, symbols, logos, fixtures, colors or other design elements intended to convey the sign’s message shall establish the area of the sign face.
d.Kiosks. For a kiosk or other cylindrical sign structure, the area of the sign face shall be the largest measurement achieved from any view Free-Form Sign Sign Face Area Three-sided Sign Structures Kiosk Sign of the sign structure. Measurements shall be made as a flat plane rectangle projected on or bisecting the sign structure.
603.03. Number of Signs
a.For the purpose of determining number of signs, a single sign shall be considered to be a single sign structure, display surface or display device containing the sign copy (as defined in this Development Code) or other elements organized, related, and composed to form a unit.
b.Refer to the definition of “sign face” and “sign copy” for additional information.
603.04. Height Measurements
a.For a freestanding sign structure located within 100 feet of an adjacent street right-of-way (as measured perpendicular to the street), the following applies:
1.For a sign located on land at or above the crown of the roadway in the adjacent street, the height of a sign shall be equal to the vertical distance from the average grade at the base of the sign to the highest point of any portion of the sign. Any earthen berms or other site improvements that raise the sign above the pre-construction natural grade of the land upon which the sign is placed shall be included in the height measurement of the sign.
2.For a sign located on land below the crown of the roadway in the adjacent street, the height of a sign shall be equal to the vertical distance from the crown of the roadway to the highest point of any portion of the sign. Any earthen berms, elevated foundations or other site improvements that raise the sign up to the level of the crown of the roadway shall not be included in the height measurement of the sign.
b.For a freestanding sign structure located 100 feet or more from an adjacent street right-of-way (as measured perpendicular to the street), the height of a sign shall be equal to the vertical distance from the average grade at the base of the sign to the highest point of any portion of the sign. Any earthen berms or other site improvements that raise the sign above the pre-construction natural grade of the land upon which the sign is placed shall be included in the height measurement of the sign.
603.05. Lighting Restrictions
In addition to illuminated signs that are prohibited under Section 602.03, the following applies to all illumination of signs:
a.Only permanent signs shall be illuminated, either directly or indirectly.
b.A permit will not be issued for an illuminated sign on a nonresidential property within 100 feet from any property line of a residentially zoned parcel.
c.In a residential zoning district only project entrance signs may be illuminated, and such signs may only be illuminated indirectly by an external light source, such as floodlights or shielded neon tubes.
d.Any signage with internal lighting composed of light bulbs or neon tubing shall be covered so that the light sources are not directly visible from the outside.
603.06. Construction and Maintenance
a.All signs shall be constructed and maintained in conformance with the Duluth Building Code.
b.The City may, at its discretion, require certification to confirm that the structural requirements of the City’s codes are met.
c.All signs, together with their supports, braces, guys and anchors, shall be kept in good repair and unless constructed of galvanized or non-corroding metal, shall be given a protective coating as necessary to maintain a clean appearance and safe condition.
603.07. Language and Legibility
a.Every principal freestanding sign shall contain the street number and the official street name in English letters and Arabic numbers of a size equivalent to the predominant size of the letters and numbers on the sign.
b.Nothing in this section shall prohibit the same and/or additional information on the sign from being written in a language other than English, provided that an English translation of the sign is included with the application for a sign permit in accordance with Section 609.03(d).
603.08. Visibility Clearance Area
a.No sign more than 3 feet in height shall be erected within 30 feet of an intersection with a public or private street, private drive or other access point, or otherwise interfere with traffic movement and visibility.
b.Such visibility clearance area shall be established as the triangular area formed by the street right-of-way lines (or such lines extended to their intersection) and a line connecting such right-of-way lines at points 30 feet from the intersection of the right-of-way lines, or within 30 feet of the intersection of a street right-of-way line and the edge of a driveway.
603.09. Electronic Changeable Copy Signs
Electronic changeable copy signs, as defined in this Development Code, regardless of the technology employed, must conform to the following standards:
a.All electronic changeable copy signs viewable from a public street or sidewalk shall present only static displays (still pictures and printing). Such signs not viewable from a public street or sidewalk may display movies, animation or video containing motion.
b.Each static image shall be maintained for a duration of at least 8 seconds. The change time between each static image shall be perceived as instantaneous within the capability of the technology employed (generally about 1/10th of a second).
c.For signs viewable from a public street or sidewalk, no flashing, scrolling, or other variation in the static image that gives an illusion of movement or variation in light intensity during the display of a single image is allowed.
d.LED signs. In addition to all other requirements of this Section 603.09 and this Article, LED signs (as defined in this Development Code) must comply with the following:
1.All such signs shall be “tri-color” signs or better, in which each pixel consists of a group of at least one red, green and blue LED or similar light emitting device.
2.Maximum distances between pixels shall be as follows:
i.For building signs, no more than 10 mm between pixels, measured center-to-center both horizontally and vertically.
ii.For freestanding signs (including billboards as defined in this Development Code), no more than 16 mm between pixels, measured center-to-center both horizontally and vertically.
3.All such signs shall be certified by a Nationally Recognized Testing Laboratory (NRTL) recognized by the US Occupational Safety & Health Administration (OSHA) in accordance with 29 C.F.R.
1910.7.
4.Maximum brightness.
i.The sign must employ a light sensing device that adjusts the brightness as ambient light conditions change.
ii.The sign shall not operate at a brightness level of more than 0.30 foot candles above ambient light levels measured at 100 feet from the sign (150 feet for sign faces greater than 100 square feet in area), as certified under paragraph (f) below.
5.A fail safe device shall be installed that, in the event of a failure of the light sensing device, drops the brightness level to the lowest nighttime level allowed, regardless of the time of day.
e.Other electronic changeable copy signs.
1.Electronic changeable copy signs utilizing TV-type displays (LCD or Plasma, for instance) must comply with the following in addition to all other applicable requirements of this Section 604.09 and this Article:
i.Such signs shall be installed only as building signs.
ii.Such signs shall have a minimum resolution of 1080p (High Definition) or equivalent.
iii.At any time of the day or night, such signs shall not operate at a brightness level of more than 0.30 foot candles above ambient light levels measured at 100 feet from the sign (150 feet for sign faces greater than 100 square feet in area), as certified under paragraph (f) below.
2.Electronic changeable copy signs utilizing incandescent bulbs are not allowed.
f.As part of an application for a sign permit, the sign owner must provide the City with a written statement from the installer that the sign will comply with the City’s brightness requirements and all other requirements of this Section 603.09 and shall certify to such compliance within 30 days after installation of the sign.
g.Operation of an electronic changeable copy sign in violation of any provision of this Section 603.09, including overriding the sign’s light-sensing or fail-safe devices, may result in the disconnection of the electrical power supply to the sign at the owner’s expense, under the procedures of Section 613.
§ 604
Regulation of Principal Freestanding and Principal Building Signs.
604.01. Applicability.
a.This Section applies only to principal signs, as defined in this Development Code, that are permanent and freestanding on a property or attached to a building, and that are not otherwise exempt from these Sign Regulations.
b.Additional signage that is regulated on a property include:
1.Project entrance signs, under Section 604;
2.Miscellaneous freestanding signs, miscellaneous building signs, and other types of specific signs enumerated under Section 606; and,
3.Temporary signs, under Section 607.
c.Signs in planned unit developments. For signs located within a project zoned as a Planned Unit Development District, each property or individual project within the planned development shall conform to the sign regulations established as part of the zoning approval for the planned development. If no such provisions are included in the zoning approval of the planned unit development, each property or individual development within a planned unit development shall conform to the provisions of this Article in accordance with the land use of said property (or the predominant use of the ground floor in the case of a mixed-use building).
d.Signs for mixed-use buildings. For buildings that are occupied or designed for occupancy by both residential and nonresidential uses, the signage regulations that apply shall be based on the predominant use of the ground floor of the building.
604.02. Principal Signs—Residential Use Property
All principal freestanding and principal building signs erected or placed on a property or development occupied by a single-family or multi-family residential use shall comply with the following provisions:
a.Principal freestanding signs on individual properties are not allowed. Project entrance signs are allowed in lieu of principal freestanding signs for single-family and multi-family developments. See Section 605.
b.In all residential zoning districts, one building sign per housing unit is allowed. These signs shall not exceed one square foot in sign face area. If affixed to a multi-tenant building in an RM district or property zoned for multi-family purposes, the building sign shall not exceed 4 square feet in size.
c.A single-family detached home, townhouse condominium or manufactured home, located on an individual lot, must comply with the provisions of this Section and Table 6-A under “single-family residential zoning districts except the O-N zoning district.
Table 6-B: Principal Freestanding and Building Signs—Nonresidential Uses Property Zoned O-N All Other Nonresidential Properties 8 (Office-Neighborhood) One or Two Tenants 9 Three or More Tenants Principal Freestanding Signs Max. number of Principal 1 per property 1 per street frontage 1 per street frontage Freestanding Signs 1 street frontage:
Max. area of Principal 1 sq. ft. per linear foot of Freestanding Sign face 24 sq. ft. 50 sq. ft. frontage, up to a maximum of 150 sq. ft.
Max. height of sign 8 ft. 8 ft. 15 ft.
2 street frontages:
Max. area of Principal 100 sq. ft. total for both signs Each sign: 1 sq. ft. per linear Freestanding Sign face 24 sq. ft. (max. 1 sign 64 sq. ft.) foot of frontage, up to a maximum of 150 sq. ft.
Max. height of signs 8 ft. 12 ft. 15 ft.
Min. setback from street 0 ft. 0 ft. 0 ft.
right-of-way line 10 Monument sign allowed Yes Yes Yes Hybrid monument sign Yes Yes Yes allowed Column sign allowed No No No Pole sign allowed No No No Changeable Copy Sign No Yes, manually activated or Yes, manually activated or allowed on Freestanding Sign electronic electronic Principal Building Signs Max. number of Principal 1 1 per 300 linear feet of 1 per tenant frontage, per Building Signs tenant frontage, per façade façade 8 See Adjustments, below.
9 “Tenant” as defined in this Development Code: A natural person, business or other entity that occupies land or buildings by ownership, under a lease, through payment of rent, or at will; an occupant, inhabitant, or dweller of a place. Subtenants are not considered “tenants” for the purposes of this Article.
10 See the Visibility Clearance Area setback requirements.
Property Zoned O-N All Other Nonresidential Properties 8 (Office-Neighborhood) One or Two Tenants 9 Three or More Tenants The greater of 2 sq. ft. per The greater of 2 sq. ft. per Max. area of sign face 10 sq. ft. linear foot of tenant linear foot of tenant frontage, or 20% of each frontage, or 20% of each tenant’s facade tenant’s facade Max. percent coverage if Covering no more than 20% Covering no more than 20% placed in Window Not allowed of total window and glass of total window and glass door area per facade door area per facade Changeable Copy Sign Yes, manually activated only Yes, manually activated only allowed on Building Sign Characteristics Animated Not allowed Not allowed Not allowed Illumination, internal Not allowed Yes, with restrictions 11 Yes, with restrictions 9 Illumination, external Not allowed Yes Yes Illumination, exposed bulbs or Not allowed Not allowed Not allowed neon
604.04. Adjustments
The maximum size of certain principal signs may be increased, or the sign restrictions otherwise modified, under any one of the following circumstances.
a.Property Located within Downtown Duluth. Downtown Duluth consists of the area zoned Central Business District (CBD). Within the CBD, the following adjustments are allowed:
1.Historic Pole Signs. One historic pole sign shall be allowed on a property in the CBD district.
Historic pole signs shall have hanging signage, shall be “L” shaped and fabricated of wrought iron or similar material. The sign structure shall not exceed 10 feet in height and shall not overhang the sidewalk or right-of-way. The maximum sign face for this type of sign shall be 16 square feet.
This type of sign shall be permitted in lieu of a monument sign and not in addition to.
2.Building Signs.
i.Building signs that are located on or project from a wall, canopy or marquee of a principal building may extend above the parapet wall of a building or eave line of a pitched roof, but to no greater extent than one-half the height of the sign. The following are examples of the extension of such signs:
ii.One building sign on each façade of a building that adjoins a public street or pedestrian walkway may be an electronic changeable copy sign that complies with the provisions of 11 See Sections 603.03(q) and 604.06.
Section 603.09, or a neon sign, or an illuminated sign using an internal or external light source.
3.Window Signs. Window signs are encouraged in the CBD in order to promote identity and the look and feel of a pedestrian shopping village. Window signs collectively are allowed to cover up to 50% of the total area of all windows and glass doors, per facade. Window signs may be painted on the inside of the window. Adhesive lettering shall not be allowed. Neon signs shall be allowed in the window but handwritten signs that are prohibited under Section 602.03(h) shall not be allowed.
4.Portable Signs. Downtown merchants may display one removable A-frame, sandwich board, easel or sidewalk sign on the sidewalk in front of the respective business during regular business hours without a sign permit. The sign must be placed within 10 feet of the main customer entrance to the building. However, signs may not be placed on the right-of-way, Town Green or become a visual obstruction to oncoming traffic or block the sidewalk for pedestrian activity.
These signs may be double faced and shall be limited to 6 square feet per side with a maximum height of 4 feet.
5.Prohibited Materials. Printed plastic, flat vinyl, flat metal, and adhesive lettering materials for signs shall be prohibited.
Table 6-A: Principal Freestanding and Building Signs—Residential Uses
| Single-Family Residence 4 | Multi-Family Developments 5 | |
|---|---|---|
| Principal Freestanding Signs | ||
| Max. number of Principal Freestanding Signs | None 6 | None 7 |
| Principal Building Signs | ||
| Number of Building Signs (wall or window signs) | 1 per housing unit | 1 per housing unit, 1 per multi-family building |
| Maximum sign face area of Building Signs | 1 sq. ft. per housing unit | 1 sq. ft. for each housing unit, 4 sq. ft. per multi-family building |
| Max. percent coverage if placed in Window | Covering no more than 20% of window | Covering no more than 20% of window |
Table 6-B: Principal Freestanding and Building Signs—Nonresidential Uses
| Property Zoned O-N (Office-Neighborhood) | All Other Nonresidential Properties 8 | |||||
|---|---|---|---|---|---|---|
| One or Two Tenants 9 | Three or More Tenants | |||||
| Principal | ||||||
| Freestanding Signs | ||||||
| Max. number of Principal Freestanding Signs | 1 per property | 1 per street frontage | 1 per street frontage | |||
| 1 street frontage: Max. area of Principal Freestanding Sign face Max. height of sign | 24 sq. ft. | 50 sq. ft. | 1 sq. ft. per linear foot of frontage, up to a maximum of 150 sq. ft. | |||
| 8 ft. | 8 ft. | 15 ft. | ||||
| 2 street frontages: Max. area of Principal Freestanding Sign face Max. height of signs | 24 sq. ft. | 100 sq. ft. total for both signs (max. 1 sign 64 sq. ft.) | Each sign: 1 sq. ft. per linear foot of frontage, up to a maximum of 150 sq. ft. | |||
| 8 ft. | 12 ft. | 15 ft. | ||||
| Min. setback from street right-of-way line 10 | 0 ft. | 0 ft. | 0 ft. | |||
| Monument sign allowed | Yes | Yes | Yes | |||
| Hybrid monument sign allowed | Yes | Yes | Yes | |||
| Column sign allowed | No | No | No | |||
| Pole sign allowed | No | No | No | |||
| Changeable Copy Sign allowed on Freestanding Sign | No | Yes, manually activated or electronic | Yes, manually activated or electronic | |||
| Principal Building | ||||||
| Signs | ||||||
| Max. number of Principal Building Signs | 1 | 1 per 300 linear feet of tenant frontage, per façade | 1 per tenant frontage, per façade |
Reading grid · rebuilt for display · verify at source ↗
§ 605
Regulation of Project Entrance Signs
605.01. Applicability
This Section applies to all project entrance signs, as defined herein, that are located at the designated entrances to a residential subdivision, a multi-family development, or a non-residential subdivision (such as an office park or industrial park).
605.02. Sign Structure
All project entrance sign faces shall be mounted on an architecturally treated monument sign structure or an architecturally treated decorative wall.
605.03. Project Entrance Sign Installations
Designs for project entrance signs are classified as two types:
a.Single Sign Installation: A project entrance sign designed as a single sign structure with two back-to-back faces, oriented to be seen from both directions on the road adjacent to the development.
Project Entrance Road ROW One sign structure with back-to-back sign faces Seen from this direction Adjacent Road ROW Seen from this direction
b.Dual Sign Installation: A project entrance sign designed as two separate sign structures, each with a single sign face individually oriented toward the intersection so as to be viewed from only one direction on the road adjacent to the development, and each located on opposite sides of the project entrance.
c.If the developer chooses to construct two signs per entrance, these signs shall be placed on either side of the roadway; signs cannot be constructed in a center island of any roadway.
605.04. Entrances to Subdivisions
a.A subdivision may have a single or a dual project entrance sign installation at any entrance into the subdivision from an adjoining street outside the subdivision.
b.In addition to any principal freestanding signage allowed on a lot within a non-residential subdivision One sign structure Project Entrance Road ROW One sign structure with one sign facing with one sign facing intersection intersection Seen only from this direction Adjacent Road ROW Seen only from this direction under Section 604.03(a), if the lot is a corner lot located at an entrance into any residential or non-residential subdivision, then such lot may contain no more than one permanent project entrance sign for the subdivision in accordance with the provisions for such signs on Table 6-D.
c.If a dual sign installation is planned, one project entrance sign may be placed on each corner lot flanking the entrance.
605.05. Entrances to Un-Subdivided Developments
In addition to any principal freestanding signage allowed on a lot, if any, a multi-family development or a residential or non-residential condominium project may contain project entrance signs as follows: a single or a dual project entrance sign installation is allowed at any entrance into the development from an adjoining street outside the development, in accordance with the provisions for such signs on Table 6-D.
605.06. Illumination
a.Any project entrance sign may be lighted by external illumination. If floodlights or other incandescent bulbs are used, they may not be directed onto the street or toward vehicular traffic. If neon tubes are used, they must be shielded from view.
b.Internal illumination, including channeled letter signs and electronic changeable copy signs, may be used for office park or industrial park subdivisions.
Table 6-E: Project Entrance Signs—By Land Use
| Residential Use | Nonresidential Use | ||
|---|---|---|---|
| Single-Family Subdivision | Multi-Family Development | Office or Industrial Park | |
| 12 | 13 | (subdivision) | |
| Project Entrance Signs |
Max. sign face area 14 50 sq. ft. each 50 sq. ft. each 50 sq. ft. each Max. sign height 15 ft. 15 ft. 15 ft.
Sign Characteristics Animated Not allowed Not allowed Not allowed Changeable copy -Manual Not allowed Not allowed Not allowed Changeable copy-Electronic Not allowed Not allowed Allowed Illumination, external Allowed Allowed Allowed Illumination, internal Not allowed Not allowed Allowed Illumination by exposed bulbs or Not allowed Not allowed Not allowed neon tubes
Reading grid · rebuilt for display · verify at source ↗
§ 606
Landscaping Requirements for Signs
All signs regulated under Section 604 except for single-family residences, and under Section 605, shall meet or exceed the standards of this Section.
606.01. Landscaping Required
There shall be established a landscaping area along the long side of each principal freestanding sign and each project entrance sign that extends no less than 2 feet out from the sign face. The sign landscaping area may be at ground level or accommodated within planters created as an integral part of the sign base. Within this sign landscaping area, the following standards shall apply:
a.All portions of the sign landscaping area shall be covered by landscape materials, as defined in this Development Code. A minimum of 80% of the required landscape area shall be covered with living plant materials, which may include any combination of ground covers and shrubs.
b.Shrubs that are provided within the sign landscaping area must be at least 12 inches tall at the time of planting and be of a species that will not normally exceed 4 feet in height at maturity.
c.Plant materials may be clustered for decorative effect following professional landscaping standards for spacing, location and design.
606.02. Maintenance of Required Plant Materials
The owner, tenant and their agent, if any, and their successors and assigns shall be jointly and severally responsible for the maintenance in good condition of the plant materials used to meet the minimum landscaping requirements of this Section.
§ 607
Additional Regulations for Specific Types of Signs
607.01. Miscellaneous Freestanding Signs
14 If two signs are planned, signs shall be symmetrical in size and shape and shall not exceed 50 square feet each.
Freestanding signs in addition to those regulated under Section 604 are allowed as accessory uses on a property occupied by a residential, commercial, industrial or institutional use if each sign complies with all of the following:
a.Permanently installed miscellaneous freestanding signs may be located within the area between a street right-of-way line and the minimum building setback required from that street right-of-way line for the zoning of the property, if such signs are located within 3 feet of driveways that provide access into or from the property. There shall be no more than 2 such signs per driveway and each such sign shall not exceed 6 square feet in sign face area nor be more than 3 feet in height.
b.Miscellaneous freestanding signs located farther from the street than the minimum building setback from that street right-of-way line required by the zoning of the property, shall be allowed as follows:
1.On a property occupied by a multi-family or non-residential use, one miscellaneous sign not to exceed 32 square feet in sign face area or more than 8 feet in height may be located on the property for each principal building on the lot, or for each drive-through service window on the building.
2.Other miscellaneous freestanding signs are allowed beyond the minimum building setback, provided that such signs are no more than 6 square feet in sign face area nor more than 3 feet in height (except signs that are required by law to be higher than 3 feet, such as those marking a handicapped parking space).
3.Portable signs are not allowed as miscellaneous freestanding signs except for an A-Frame sign for a nonresidential use (also known as a “sandwich board” sign). Such A-Frame signs must be located no farther from an entrance to the owner’s business than 6 feet and may be no larger than 6 square feet in sign face area nor be more than 3 feet in height. Such A-Frame signs must be stored indoors when the owner’s establishment is not open for business.
607.02. Miscellaneous Building Signs A-Frame Sign
Miscellaneous building signs (as defined in this Development Code) not otherwise prohibited under 602.03, are allowed on non-residential use properties in addition to the principal building signs allowed under Section 604.03(b), as follows:
a.General miscellaneous building signs. Miscellaneous building signs are allowed, provided that such signs shall be placed only on a tenant space façade fronting on a dedicated public street. Such signs are limited as follows:
1.For single-occupant buildings, the maximum aggregate area for all miscellaneous building signs shall be 1 square foot of sign face area per linear foot of the length of the tenant frontage (as defined in this Development Code) on which the signs are affixed, or 10% of the area of the façade, whichever is greater. No single such sign shall be larger than 6 square feet in sign face area.
2.For planned centers, the maximum aggregate area for all miscellaneous building signs for each tenant space shall be 1 square foot of sign face area per linear foot of the tenant frontage (as defined in this Article), or 10% of the area of the tenant’s façade, whichever is greater. No single such sign shall be larger than 6 square feet in sign face area.
3.Such miscellaneous building signs placed in a window may not result in the obstruction of more than 20% of the window area in combination with all other signs in the window.
b.Subtenant signs.
1.Each business that occupies space within a principal business as a subtenant is allowed one wall sign in addition to the principal building sign allowed for the principal business under Section 604.03(b). Each subtenant wall sign shall not exceed 20 square feet in sign face area, nor shall the total for all such subtenant signs collectively exceed the sign face area allowed for the principal business.
2.The following are examples of subtenant wall signs allowed by this Subsection.
c.Sidewalk pedestrian signs. Each tenant (other than a subtenant) located within a planned center is allowed to have one sidewalk pedestrian sign in lieu of an under-canopy sign allowed by this Article, as follows:
1.The sidewalk pedestrian sign must be post mounted in a sidewalk planter.
2.Each such sign is allowed to have a maximum sign face area of 6 square feet.
3.The following is an example of sidewalk pedestrian signs allowed by this Subsection.
d.Convenience stores and service stations with pump islands. Additional signage is permitted as follows:
1.One sign per freestanding or building canopy face per public street frontage with a maximum of 16 square feet each is allowed. The canopy sign shall not extend above or below the edge of the canopy.
2.Spreader bars (signs located under canopy over pump islands) shall be limited to no more than two signs per spreader bar, not to exceed 4 square feet per sign. However, total square footage for all spreader bars shall not exceed 24 square feet.
3.On-site separate drive-through car wash building(s) shall be allowed one permanent wall sign, not to exceed 8 square feet with an approved sign permit. This sign shall be for incidental purposes only.
e.Service entrance signs. For any tenant space that has a service entrance at the rear of the building, at least one service entrance sign is required.
1.Service entrance signs shall be located directly on or adjacent to the service entrance door.
2.The combined area of signs at a single service entrance shall not exceed 6 square feet and must be clearly legible for public safety personnel.
607.03. Billboards
In addition to the general regulations and restrictions applying to all sign classifications, billboard signs (as defined in this Development Code) shall comply with the following:
a.All applications for billboards shall be accompanied by written permission of the owner of the property on which the proposed sign is to be placed, a site plan showing the proposed location of the sign, and a scale drawing of the sign.
b.Billboards will be permitted only on undeveloped property that is zoned M-2 and shall be removed when a Land Disturbance (i.e., Clearing, Grubbing, Grading or Development) Permit is issued for development on the property on which a billboard is located.
c.Location and Spacing.
1.No billboard shall be placed within 500 feet of a residence, church, school, park or cemetery.
2.No billboard shall be located within 1,000 feet of another billboard as measured along the right-of-way of the street or streets on which such billboard is located and provided further that no billboard may be located closer than 500 feet to another billboard in any direction.
d.Billboards shall be erected only in the buildable area of the lot.
e.Size and Height Regulations. No billboard sign shall exceed 600 square feet or have more than one sign face or exceed 45 feet in overall height as measured from undisturbed grade to the top of the highest attached component.
f.Conformance to State Law. Any billboard located or to be located within 660 feet of the nearest edge of the right-of-way of a U.S. or State-numbered highway (which includes SR 13/US 23—Buford Highway, and SR 120—Duluth Highway/Abbotts Bridge Road), or located or to be located beyond 660 feet of such highway but visible and intended to be read from such highway, must comply with the following:
1.Such sign shall comply with all applicable requirements of the Georgia Outdoor Advertising Act, O.C.G.A. 32-6-70 et seq.
2.Such sign shall comply with all requirements of this Article and, specifically, this Section 607.03.
3.In the case of a conflict between the Georgia Outdoor Advertising Act and the City’s regulations, the billboard must comply with the most restrictive requirements with respect to each and every item of regulation.
607.04. Flags
a.All flags mounted on a free-standing flagpole must have a minimum vertical clearance of 8 feet above the ground, sidewalk, private drive or parking area, as applicable. Flags mounted on a pole projecting from a building must provide a minimum vertical clearance of 8 feet above a sidewalk or other area of pedestrian movement.
b.No flag on the property of a residential use shall exceed 15 square feet in area or be higher than 20 feet above the ground when mounted on a free-standing flagpole.
c.Non-residential uses are limited to three flags, each of which must be mounted on a free-standing flagpole, resulting in no more than three flagpoles on a nonresidential property.
d.The display of the Flag of the United States of America shall be guided by Title 4, Section 3 of the US Code, which prohibits the use of the American Flag for commercial purposes.
e.A free-standing flagpole taller than 20 feet shall not be erected or constructed without first obtaining a building permit.
607.05. Suspended Signs
a.Suspended signs must have a minimum clearance of 8 feet to grade.
b.If any sign is located within, suspended over or projects above a public right-of-way, the sign owner shall obtain and maintain in force liability insurance for such a sign in such form and such amount as the Planning and Development Director may reasonably from time to time determine, provided that the amount of such liability insurance shall be at least $500,000.00 per occurrence per sign.
607.06. Changeable Copy Signs
a.Manually activated changeable copy signs. Manually activated changeable copy signs are permitted in conjunction with freestanding signs, wall signs, and joint signs so long as the changeable copy portion of the sign face does not exceed 60% of the overall sign face of the freestanding or wall signs or 30% of the overall sign face of a joint sign; and provided that the total sign face does not exceed the size limitations imposed elsewhere by this Article.
b.Electronic changeable copy signs. Electronic changeable copy signs may be installed on any freestanding principal sign or principal building on a property occupied by a nonresidential use in accordance with the provisions of Section 604.03.
§ 608
Temporary Signs
608.01. Temporary Signs; Allowed
a.Certain signs in addition to those allowed under Section 604 and Section 607 are allowed on a property through the issuance of a temporary sign permit. Such temporary signs shall not be restricted as to the message displayed on the sign but must comply with the provisions of this Section.
b.Temporary signs must comply with all requirements of this Article, including the prohibitions of Section 602.03 and general requirements applying to all signs, except as modified by the provisions of this Section.
c.Fixed location: All temporary signs must be installed at a fixed location, either attached to the ground as a freestanding sign or attached to a building. Temporary signs shall not be attached to a vehicle or other movable, animated or portable device, or attached to, held by or displayed upon a person.
608.02. Issuance of a Temporary Sign Permit
a.A temporary sign may not be displayed unless a permit is issued pursuant to Section 609.02, unless otherwise exempt under Section 602.02.
b.A temporary sign permit shall only be valid for a period of 30 days from the date of issuance, after which time the owner of the temporary sign or owner of the premises where such sign is located shall remove the sign from the premises.
c.No more than one temporary sign permit may be issued to the same premises per quarter, not to exceed four temporary sign permits per one calendar year.
608.03. Size of Temporary Signs
Temporary signs are restricted to the following sign areas and sign heights:
a.Single-family residential, townhouse condominium or manufactured home lot. Temporary signs located on such subdivided lots shall not exceed 6 square feet in sign face area and 5 feet in height.
b.Residential or nonresidential subdivision or condominium development under construction. Signage within a residential or nonresidential subdivision or condominium development under construction shall not exceed 32 square feet in sign face area and 8 feet in height.
c.Multi-family, manufactured home park or non-residential use property (as defined in this Development Code). Temporary signs located on a multi-family, manufactured home park, or non-residential use property shall not exceed 32 square feet in total sign face area and 8 feet in height per sign.
608.04. Location of Temporary Signs
a.All temporary signs shall be located as follows:
1.At least 10 feet from any street right-of-way line, back of street curb or edge of street pavement, whichever is farthest from the street.
2.At least 10 feet from any side or rear property line and the pavement edge of a driveway.
3.Temporary signs located within 30 feet of an intersection of two streets or a driveway and a street shall be no more than 3 feet in height.
b.Temporary signs are not allowed to be placed within or over a public street right-of-way or private street easement.
c.A temporary sign must be a freestanding sign or a building sign (as defined in this Article), and shall not be affixed to any tree, utility pole or official traffic sign or structure. A temporary sign shall be erected and maintained only with the permission of the owner of the property upon which the sign is located.
608.05. Construction and Lighting Standards of Temporary Signs
a.Construction standards for signs requiring building permits. A temporary sign for which issuance of a building permit is required by the Building Code shall meet the same engineering design and materials standards as permanent signs as required by the Building Code.
b.Construction standards for signs not requiring building permits.
1.Nonpermanent but water-resistant construction materials may be used, such as but not limited to poster board, foam core board or illustration board.
2.The words, letters, figures, symbols, logos, fixtures, colors or other design elements that convey the sign’s message shall be permanently applied to the sign’s face.
c.Electronic and manual changeable copy signs shall not be allowed.
d.Lighting. Temporary signs shall not be illuminated.
608.06. Temporary Banners, Portable Signs, Festoons and Inflatable Signs
All of the following types of signs are allowed one time only for a change in use or change in occupancy of the premises from two weeks prior to the change in use or occupancy until two weeks after the change in use or occupancy with the issuance of a temporary sign permit, and in accordance with the duration, number, size, location and lighting limitations of Section 608. For holiday or seasonal decorations (in contrast to commercial signs), see Section 602.02.
a.Banners. Banners are allowed with the following additional provisions:
1.For a banner that is no more than 12 square feet in sign face area, such banner shall be placed on the site or on a building in such a manner as not to create a safety hazard as determined by the Planning and Development Director. They shall meet the same setback requirements as all other temporary signs. Such a banner shall not be hung as an under-canopy sign, flown as a flag, attached to or hung from an existing freestanding sign, or used as any other form of sign.
2.A banner that is more than 12 square feet in sign face area but no more than 24 square feet in size shall be allowed only as a wall or window sign and shall be placed flush upon the wall or window to which it is attached. Such a banner shall not be hung as an under-canopy sign, flown as a flag, or used as any other form of sign.
3.A banner that is larger than 24 square feet in size is not allowed.
b.Portable signs. No more than one portable sign is allowed on a property developed for commercial, industrial or institutional use, subject to the following restrictions:
1.Maximum size: The maximum size of a portable sign shall not exceed 6 square feet per side. Said sign shall not have flashing lights or animated devices but may be internally illuminated and may be a manually activated changeable copy sign.
2.Placement: The sign must be placed on the site in compliance with Section 608.04 of this Article.
3.Securely anchored: To prevent wind damage to the sign or other property, the sign must be securely anchored to the site in a manner acceptable to the Planning and Development Director.
4.Electrical connections: All electrical connections to the sign must be in compliance with the Electrical Code as adopted by the City and must be inspected prior to use.
c.Festoons. Festoons such as strings of light bulbs and other illuminated devices, and strings of ribbons, tinsel, pennants, streamers, pinwheels or other similar devices designed to move in the wind are allowed, provided that no part of any such festoon shall be located in or over a public right-of-way and no hazard to traffic safety shall be created.
d.Inflatable Signs. Inflatable signs, such as air or gas filled devices and other inflatable devices, are allowed on parcels greater than 2.5 acres in land area. Inflatable signs shall not exceed a total maximum of 300 square feet of sign area and be securely attached to the ground. Inflatable signs must be deflated and properly disposed of or stored at the expiration of the permit period.
608.07. Temporary Window Coverings
a.Except as authorized by Section 604 window coverings of any type shall not be allowed. Notwithstanding the foregoing, window coverings used for the purpose of shielding interior construction activity on the ground level of commercial or multi-family buildings shall be allowed for the extent of said interior construction activity but shall be removed no later than 15 days after the issuance of a Certificate of Occupancy or 60 days after discontinuance of construction activity.
§ 609
Sign Permits; Requirements and Procedures
609.01. Issuance of Permits for Permanent Signs
a.Sign permits; when required.
1.The Department is hereby authorized to issue a sign permit for any permanent sign provided all requirements of this Article are met.
2.Except for signs that are exempt from the requirements of this Article under Section 602.02 or are exempt from permitting under Section 609.01(b), below, a sign permit must be issued by the Department before a permanent sign may be:
i.Erected or relocated;
ii.Attached to, suspended from, or supported on a building or structure; or
iii.Altered, enlarged, or materially improved (including the replacement of a sign face with an electronic changeable copy sign).
3.Any sign using electrical wiring and connection shall require a sign permit and an electrical permit. Such a sign permit shall become null and void if an electrical permit is not secured, if required, or if the sign for which the permit was issued has not been completed within a period of 6 months after the date of issuance.
b.Permanent Signs exempt from permitting. The following signs may be erected or placed without securing a sign permit or payment of a fee, provided that each is located and maintained in accordance with the provisions of this Article and all other applicable codes and regulations.
1.Miscellaneous freestanding signs allowed under Section 607.01, unless such signs require issuance of a building or electrical permit.
2.Miscellaneous building signs allowed under Section 607.02, unless such signs require issuance of a building or electrical permit.
3.Incidental signs at the entrance drive of residences, estates, farms, and ranches, which do not exceed 1½ square feet in area.
609.02. Issuance of Permits for Temporary Signs
a.The Department is hereby authorized to issue a sign permit for any temporary sign provided all requirements of this Article are met. A temporary sign permit must be issued by the Department before a sign may be erected or attached to, suspended from, or supported on a building or structure except for signs that are exempt from the requirements of this Article under Section 602.02 or are exempt from permitting under Section 609.01(b), above.
b.Any temporary sign using electrical wiring and connection shall require a sign permit and an electrical permit, both of which must be issued simultaneously.
c.Identification stickers issued by the Department of Planning and Development in conjunction with a temporary sign permit must be adhered to the front side of all signs approved under the permit and must be visible from the street.
609.03. Application for a Sign Permit
a.An application for a sign permit (and accompanying building or electrical permit, if required) shall be made using the forms provided by the Planning Department, shall be filled in with all information required, and shall be submitted in the number of copies as required. Incomplete applications will be returned to the applicant without further review as though no application had been received.
b.Sign permit applications shall be accompanied by a scale drawing of each proposed sign, site plan for monument signs, drawing of facade of building elevation showing proposed placement of each wall, canopy or projecting sign and any other information which the Department may require in the exercise of sound discretion in acting upon the application.
c.Any person performing new electrical work relating to signs must apply for an electrical permit and hold a valid electrician's trade license issued by the State of Georgia to perform such work. If the electrical wiring exists from a previous sign and no new electrical wiring is necessary for illumination, the sign company may connect the electrical service.
d.Use of Foreign Languages.
1.For any sign for which a Sign Permit is required that uses words in a language other than English, the English translation of the sign shall be provided on the Sign Permit Application. See also Section 603.07 regarding business names, street numbers and street names.
2.Nothing in this Section shall be construed to prohibit the use of foreign words or characters as long as they do not contain obscene language or advertise an illegal activity.
609.04. Process for sign permit approval
a.If the plans, specifications and intended use of the applied for sign or part thereof conform in all respects to the applicable provisions of this Article and the Duluth Building Code, a sign permit shall be issued.
b.Review time period. Upon receipt of a complete and proper application by the Department, the application will be reviewed and a sign permit will be issued or denied within the following time periods:
1.For a temporary sign: 10 days.
2.For a sign that is included in and found consistent with an approved Master Sign Plan: 10 days.
3.For any other permanent sign: 10 days.
c.If after review and investigation by the Department, it is determined that the application fails to meet the applicable provisions of this Article or the Duluth Building Code, the permit shall be denied, and the Planning and Development Director shall notify the applicant in writing of the denial and reasons for denial.
609.05. Master Sign Plans
a.Master Sign Plans that are required by this Article or that are submitted voluntarily for preapproval of sign permits must comply with the requirements of this Section.
b.Master Sign Plans shall illustrate all proposed signs in sufficient detail so as to provide knowledgeable review and design specificity. Master sign plans shall show, describe or illustrate all signs proposed to be located on a lot or within a development (and the buildings and structures related thereto) for which sign permits will be required under Section 609.01(a).
c.Master Sign Plans must include:
1.Location. An accurate drawing to scale showing the position of the sign or signs in relation to nearby buildings or structures (including other signs), driveways, parking areas, property and right-of-way lines, and any other limiting site features (survey not required). The drawing must show or note (as applicable):
i.The location and size of all other signs on the parcel that are proposed to remain;
ii.The distance in feet to the nearest existing freestanding sign; and
iii.The distance in feet from the location of the proposed sign(s) to the nearest residentially zoned parcel.
2.Specifications. An accurate drawing to scale of the plans, specifications and method of construction and attachment of the sign or signs to the building or ground. The drawing shall specifically include the size of the sign structure(s) and sign face area(s), overall height of the sign(s), a site distance diagram, and any protective devices around the base of the sign(s). For any sign for which a building permit is required, the drawing shall be an engineered structural drawing designed to all Building Code requirements.
3.Design. The master sign plan shall include such drawings and specifications as may be required to clearly illustrate the design elements of the sign or signs, including the construction materials, size, letter style and color of all elements of the sign(s), including the sign structure, the sign face, and background surfaces. The plan shall also show landscaping details meeting the requirements of this Article, including the extent of the designated landscaping area, the location of specific landscape materials, and the botanical and common name of plants by location on the plan.
d.Signs that are otherwise exempt under this Article need not be shown on the Master Sign Plan.
e.Approval.
1.A Master Sign Plan depicting signs that conform to all requirements of this Article may be approved administratively by the Planning and Development Director.
2.A Master Sign Plan depicting signs that exceed or modify one or more requirements of this Article may be approved by administrative variance up to 10% by the Planning Director or by the Zoning Board of Appeals. Following review of a complete application by the Planning Department, the plan will be placed on the agenda of the next available Zoning Board of Appeals meeting.
f.Recordation of approved Master Sign Plan.
1.The Master Sign Plan as approved must be recorded by the owner in the office of the Clerk of Superior Court and a copy of the approved Master Sign Plan, as recorded, must be filed with the Planning and Development Director prior to issuance of a sign permit for any part of the development or premises.
2.The recorded Master Sign Plan must be included in any sale, lease or other transfer of right of occupancy affecting any part of the development or premises to which the Master Sign Plan applies.
3.All tenants of the property or development, whether an owner, lessee, subtenant, purchaser or other occupant, must comply with the approved Master Sign Plan.
609.06. Fees
a.Fees for all types of sign permits shall be charged as set by the Mayor and Council from time to time.
b.The sign permit fee shall be required of all signs requiring issuance of a sign permit under Section 609.01(a) or Section 609.02. A separate fee shall be charged for any required building or electrical permit.
The exemption from sign fees does not waive compliance with the sign provisions of this Article including but not limited to, all size, height, and location restrictions.
c.If a permit is not obtained prior to installation, each applicable permit is subject to double fee.
§ 610
Nonconforming Signs
610.01. Nonconforming Signs; Registration
The burden of proof that an existing sign qualifies as a legal nonconforming sign lies with the owner of the sign.
Registration of a nonconforming sign is encouraged to establish its status but is not required.
a.Any sign and sign structure that is or has become a nonconforming sign may be registered by the owner with the Department of Planning and Development. If the sign was legally erected prior to the effective date of this Article or any amendments thereto, the sign shall be registered and allowed to continue to exist under the provisions of Section 610.02.
b.At the time that a legal nonconforming sign is registered, a sign permit shall be issued to the sign owner and the sign shall be so marked in accordance with Departmental procedures.
610.02. Nonconforming Signs; Provisions
a.A nonconforming sign shall not be replaced, enlarged, or altered except within the provisions of this Article.
b.The substitution or interchange of poster panels or painted boards on nonconforming signs shall be allowed provided the size, shape or location of said sign does not change.
c.Repair and maintenance of nonconforming signs may be performed as necessary unless more than 50% of the sign is repaired, altered, or replaced, as determined by the Planning and Development Director. If more than 50% of the sign is affected, then any legal nonconforming status is lost and the sign must be brought into compliance with the current sign regulations, provided that signs damaged by fire or act of God may be restored to their original condition.
610.03. Relocation of a Nonconforming Sign
a.Any sign relocated and/or erected to replace a nonconforming sign must meet all requirements and provisions of this Article.
§ 611
Special Exceptions for Signs
611.01. Prior Variances
All variances and exceptions heretofore granted by the Zoning Board of Appeals shall remain in full force and effect and all terms, conditions and obligations imposed by this board shall remain in effect and be binding.
611.02. Special Exceptions
a.The Planning and Development Director has the authority to administratively grant a Special Exception under the Appeals Article of this Development Code if the applicant can provide a reasonable case and will not vary from the regulations herein by more than 10%, except for the number of days a temporary sign is allowed.
b.The Planning and Development Director may grant variance Special Exception for the number of signs per storefront or building façade provided the organization of the signs or sign components is consistent with this Article, provides a balanced appearance on the building or similar circumstance, provided the overall allowable square footage has not been exceeded.
611.03. Special Exception Approval Procedure
Any person may apply for a Special Exception from the provisions of this Article. Any such Special Exception appeal shall be considered in accordance with the provisions, policies and procedures of the Appeals Article of this Development Code.
§ 612
Intent, Interpretation and Severability
a.In interpreting the provisions of this Article, nothing shall be construed as intent to regulate the content of the message displayed on any sign. Designation of types of signs in any manner which may relate to the entity, organization, or person erecting the sign or to the information contained on the sign are merely instructional to assist in categorizing signs for size, height and location purposes and shall not be construed to prohibit any similar type of sign or to in any way restrict the content of the sign.
b.All signs may display a non-commercial message in addition to or in lieu of any other message. It is the intent of this Article to regulate only the number, size, height, timing and location of signs to accomplish the purposes set forth in Section 601 of this Article.
c.In the event any section, subsection, sentence, clause or phrase of this Article shall be declared or adjudged invalid or unconstitutional including but, not limited to, a declaration or adjudication that such section, subsection, sentence, clause or phrase of the Article relates to the content of any sign or in any way violates the constitutional provisions of free speech under the State of Georgia or United States Constitution, such adjudication shall in no manner effect the other sections, subsections, sentences, clauses or phrases of this Article, which shall remain in full force and effect as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. The City Council hereby declares it would have adopted the remaining parts of the Article if it had known that such part or parts thereof would be declared or adjudged invalid or unconstitutional. The provisions of this Article are declared severable to the maximum extent allowed by law and under no circumstances shall any sign regardless of content, purpose or location, be erected in the City of Duluth which exceeds the greatest height or size allowed for the largest sign authorized under the provisions of this Article.
§ 613
Administration, Enforcement, and Penalties
613.01. Enforcement
a.All of the provisions of this Article shall be administered and enforced by the Department of Planning and Development whose duties shall include rendering interpretations as to the requirements of this Article, issuing permits, inspecting signs (both existing and installed) under the provisions of this Article, and enforcing all provisions of this Article.
b.All questions arising in connection with the administration and enforcement of this Article shall be presented first to the Planning Department and then to the Zoning Board of Appeals on appeal of a decision from the Planning and Development Director, subject to applicable provisions of this Article.
c.A sign permit may be revoked by the Planning and Development Director, or his/her designee, if it is found not to be in compliance with this Article due to intentional misinformation, misrepresentation, or significant errors on the sign permit application.
d.Issuance of a sign permit in no way prevents the Planning and Development Director, or his/her designee, from later declaring the sign to be non-conforming or unlawful if upon further review of available information the sign is found not to comply with the requirements of this Article.
613.02. Inspections
a.The Department shall inspect or cause to be inspected, by a duly authorized representative, every sign, after issuance of a Sign Permit, during or upon its installation in order to determine that each such sign meets the requirements set forth in this Article. Inspections shall include but are not limited to footings and electrical wiring.
b.It shall be the duty of the Department to notify the sign contractor (if known) and the sign owner or property owner, of any discrepancies or violations found during the sign inspection. This notice shall be in writing and provide the specifics as to the discrepancies or violations found during the inspection and may be served in person, by certified mail, or electronic mail.
c.All deficiencies or violations shall be corrected, within 48 hours, following service of this notice by the Department or a Duly Authorized Representative. The Department or its Duly Authorized Representative may extend the time limit to correct the violation no more than 5 working days or reduce the limit no less than 24 hours. The Planning and Development Director may approve extension of the correction of the violation limited to 14 days with written justification
d.The Department or a Duly Authorized Representative is herein authorized to enter private property for the purpose of making an inspection to ensure compliance with all provisions of this Article.
e.The Planning and Development Director shall have the authority to cause to be removed after due notice any sign which shows gross neglect or becomes dilapidated by giving the owner 10 days’ written notice to correct the deficiencies or to remove the sign(s). If the owner refuses to comply, the Planning and Development Director shall have the authority to have said sign(s) removed at the expense of the owner.
613.03. Abandoned Signs
a.If a building, structure or premise is vacated, any associated temporary signs shall be removed by the property owner or the sign owner within 10 days, following service of notice by the Department. If the property owner or sign owner fails to comply within 10 days after written notification, the City may cause the removal of the sign at the property owner’s or sign owner’s expense.
b.If a nonconforming sign or sign structure has not been in use whereby the property has been vacated for a period of 3 months or longer and the sign has not been updated to convey a current message, any such sign on the property, building, or structure loses its legal nonconforming status and must be removed or brought into compliance with the current sign regulations.
c.A sign that no longer correctly directs or exhorts any person, or no longer advertises a bona fide business, lessor, owner, project or activity conducted or product available on the premises where such sign is displayed, shall be removed by the property owner or the sign owner within 10 days following service of notice by the Department. If the property owner or sign owner fails to comply within 10 days after written notification, the City may cause the removal of the sign at the property owner’s or sign owner’s expense.
613.04. Administrative Fees, Citations and Penalties
a.Any sworn officer of the City of Duluth is hereby empowered to issue a citation for violation of this Article in any case where it is found that a sign has been erected, constructed, reconstructed, altered, converted or maintained in violation of any provision of this Article. Non-Permanent signs still erected after the expiration date of the approved sign permit shall be removed by the owner/applicant or a citation will be issued for violation of this Article.
b.Any person, firm or corporation who fails to comply with the requirements of this Article shall, upon conviction of a violation of this Article, be punished as provided by law by the imposition of a fine of not less than $50.00 and not more than $1000.00 (which may not be stayed or suspended), imprisonment of not more than 30 days, or both. Each violation shall be considered a separate offense, and each day in violation shall be considered a separate offense.
c.Any employee of the City or community service workers under the supervision of a City employee shall have the authority to remove and confiscate any sign that is located within the public right-of-way and does not comply with the requirements of this Article. Signs confiscated by any City employee for non-compliance, shall be stored at the City Maintenance Facility for a period of 2 weeks. If signs are not claimed within 2 weeks, signs shall be discarded without further investigation. The owners of confiscated signs may claim the confiscated signs within the 2-week period but shall be required to pay an administrative fee of $100.00 per sign confiscated to reimburse the City for the administrative time and use of resources incurred by the City in the confiscation and storage of the signs.