ADDENDUM February 27, 2006 Delete section 7.1.2.12 and replace with the following: 7.1.2.12 Inert waste landfills complying with all requirements of federal and state law and regulation, provided that such landfill accept no type of waste other than solid waste consisting of earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings and land clearing debris such as stumps, limbs and leaves, and that such landfill accept no type of waste that will produce or is likely to produce leachate of environmental concern. In addition to the general requirements for a conditional use permit, as set forth in sections 11.8 and 11.9 hereof, a conditional use permit for a landfill as described herein is subject to the following: 7.1.2.12.1 The requirement of a site plan in compliance with Section 6.8 may not be waived. 7.1.2.12.2 If a conditional use permit is granted, all development must take pace in strict conformity to the application documents, including but not limited to the site plan. 7.1.2.12.3 No conditional use permit shall be granted unless the application is in compliance and consistent with the North East Georgia Regional Solid Waste Management Plan of 2004, or its most recent iteration. The Solid Waste Coordinator shall review the application and make a report to the Planning Commission and the Board of Commissioners on the application’s compliance and consistency with the North East Georgia Regional Solid Waste Management Plan of 2004, or its most recent iteration. 7.1.2.12.4 No inert landfill shall begin the ground disturbing process without first receiving a soil erosion and sedimentation control permit from the Georgia Environmental Protection Division. 7.1.2.12.5 No inert landfill shall begin the ground disturbing process without first receiving a solid waste handling permit from the Georgia Environmental Protection Division. 7.1.2.12.6 All inert landfills shall be subject to inspections by the Madison County Code Enforcement Officer for compliance with this ordinance and all other County regulations. 7.1.2.12.7 When using the powers granted by section 7.1.2.12.7 of this ordinance, if the Madison County Code Enforcement Officer finds a violation of any of the terms of this, or any other of the county’s regulations, the landfill shall cease operation until it can be brought into compliance with all of the County’s regulations.
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Delete Section 7.7 B-1 General Business and replace with the following: Section 7.7
B-1 General Business District
This district is intended for small clusters of retail sales and service establishments designed to meet the needs of citizens of Madison County and surrounding areas, which are not objectionable by reason of odor, dust, bright lights, smoke, noise, vibration or congestion. All businesses, servicing storage or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible. If more than one (1) business is to be located on the same parcel, the owner must submit a site plan (see Section 6.8.1). The Zoning Administrator may approve any site plan where not more than two (2) businesses are located on the same lot. If more than two (2) businesses are to be located on the same lot, the applicant must receive written approval from the Board of Commissioners following review and recommendation of the Planning and Zoning Commission. All required site plans must be approved prior to any land clearing. All loading docks must be located to the side or rear of the building unless the loading area is completely screened from the street. The site must be designed to permit on-site maneuvering of all vehicles (no backing from street). The siting of private landfills in this district is inconsistent with the intent of this district. 7.7.1
Permitted Uses. Within the B-1 District, the following uses are permitted, provided said use can be conducted entirely within an enclosed building, excluding customer and client parking. 7.7.1.1 7.7.1.2 7.7.1.3 7.7.1.4 7.7.1.5 7.7.1.6 7.7.1.7 7.7.1.8 7.7.1.9 7.7.1.10 7.7.1.11 7.7.1.12 7.7.1.13
Apparel stores (individual). Arts and Crafts stores. Bakeries. Books, stationary and card shops. Cafes and grills. Catering Establishments. Confectionery stores. Day Care Centers. Drug stores and lunch counters (walk-in and walk-up). Electronic Supply Stores. Fabric Stores. Financial institutions. Gasoline service stations, provided that all structures including underground storage tanks shall be placed not less than thirty (30) feet from any property line. Points of ingress and egress
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shall be located not less than twenty-five (25) feet from the nearest intersecting street lines. All automobiles not in operating condition and all automobile parts shall be stored within an enclosed building. 7.7.1.14 Grocery stores. 7.7.1.15 Hardware Stores. 7.7.1.16 Laundry and dry-cleaning stores. 7.7.1.17 Laundromats. 7.7.1.18 Miscellaneous repair services. 7.7.1.19 News and Tobacco Centers. 7.7.1.20 Professional and business offices. 7.7.1.21 Public utility structures and areas. 7.7.1.22 Radio/TV repair. 7.7.1.23 Restaurants, drive-in. 7.7.1.24 Restaurants. 7.7.1.25 Service occupations, including barber and beauty shop, shoe repair, appliance repair, and similar occupations. 7.7.1.26 Shopping centers. 7.7.1.27 Signs meeting the requirements of Article X of this Ordinance. 7.7.1.28 Sporting Goods Store. 7.7.1.29 Travel Agencies. 7.7.1.30 Similar retail uses as determined by the Planning and Zoning Commission. 7.7.1.31 Accessory structures which are customarily incidental and subordinate to the principal structure. These include but are not limited to: a. dumpsters b. energy devices c. satellite dish antenna d. indoor or outdoor storage provided the outdoor storage is screened from view as required by section 6.7. e. Other accessory structures approved by the Zoning Administrator. 7.7.2 Conditional Uses. Within the B-1 General Business District, the uses enumerated below may be permitted. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein. (See 11-3) 7.7.2.1 7.7.2.2
Public and private cemeteries. One dwelling unit per commercial building, provided that the following conditions are met: 1. the dwelling unit and the commercial space must be part of the same building, and; 2. less than 50% of the total square footage of the building is to be used for residential purposes.
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Delete Section 7.8 Highway Business and replace with the following: Section 7.8
B-2 Highway Business District
This district is intended for commercial developments that are designed to serve the automotive traveling public. All business, services, storage or processing must be conducted within a completely enclosed building except where the nature of the activity makes it impossible. Uses, processes or equipment employed shall be limited to those, which are not objectionable by reason of odor, dust, bright lights, smoke, noise, or vibration. If more than one business is to be located on the same parcel, the owner must submit a site plan (see Section 6.8.1). The Zoning Administrator may approve a site plan where not more than two businesses are to be located on the same parcel. If more than two businesses are to be located on the same parcel, site plans must receive written approval from the Board of Commissioners. All required site plans must be approved prior to any land clearing. All loading docks must be located to the side or rear of the building unless the loading area is completely screened from the street. The site must be designed to permit on-site maneuvering of all vehicles (no backing from street). The siting of private landfills in this district is inconsistent with the intent of this district. 7.8.1
Permitted Uses. Within the B-2 District, the following uses are permitted provided said use can be conducted entirely within an enclosed building, excluding customer and client parking, except where the nature of the activity makes it impossible. A site plan must be submitted according to Article IX for any B-2 permitted use which cannot be conducted entirely within an enclosed building, excluding client and customer parking. 7.8.1.1 Accessory structures which are customarily incidental and subordinate to the principal structure. These include but are not limited to: a. dumpsters; b. energy devices; c. indoor or outdoor storage provided the outdoor storage is screened from view as required by section 6.7; d. satellite dish antennae; and
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e. 7.8.1.2
7.8.1.3 7.8.1.4 7.8.1.5 7.8.1.6 7.8.1.7 7.8.1.8 7.8.1.9 7.8.1.10 7.8.1.11 7.8.1.12 7.8.1.13 7.8.1.14 7.8.1.15 7.8.1.16 7.8.1.17 7.8.1.18 7.8.1.19 7.8.1.20 7.8.1.21 7.8.1.22 7.8.1.23 7.8.1.24
7.8.1.25 7.8.1.26 7.8.1.27 7.8.1.28 7.8.1.29 7.8.1.30
7.8.1.31 7.8.1.32 7.8.1.33 7.8.1.34 7.8.1.35
other accessory structures approved by the Zoning Administrator. Automobile sales lots and repair garages provided that automobiles not in operating condition be stored within an enclosed building or meet the requirements of section 6.7.1. Apparel stores (individual). Arts and Crafts stores. Bait shops. Bakeries. Bicycle sales and repair shops. Books, stationary and card shops. Bowling alleys. Building services and supplies. Bus and truck terminals. Business and commercial schools. Cabinet makers. Cafes and grills. Car Wash. Catering Establishments. Confectionery stores. Dance, Music and other fine art Schools. Day Care Centers. Drug stores. Drug stores and lunch counters (walk-in and walk-up). Electronic Supply Stores. Fabric Stores. Farm equipment sales and services provided that equipment not in operating condition be stored within an enclosed buildings or meet the requirements of section 6.7.1. Financial institutions. Fraternal Clubs or lodges. Fruit and produce stands. Funeral homes and mortuaries. Funeral parlors. Gasoline service stations, provided that all structures including underground storage tanks shall be placed not less than thirty (30) feet from any property line. Points of ingress and egress shall be located not less than twenty-five (25) feet from the nearest intersecting street lines. All automobiles not in operating condition and all automobile parts shall be stored within an enclosed building. Grocery stores. Hardware Stores. Laundromats. Laundry and dry cleaning stores. Medical Clinics and Hospitals.
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7.8.1.36 Mini-warehouse. 7.8.1.37 Miscellaneous repair, including plumbing, radio-TV sales and services. 7.8.1.38 Motels. 7.8.1.39 News and Tobacco Centers. 7.8.1.40 Newspaper and printing establishments. 7.8.1.41 Nursing homes. 7.8.1.42 Off-street parking lots and parking garages. 7.8.1.43 Signs meeting the requirements of Article X of the Ordinance. 7.8.1.44 Printing Shops. 7.8.1.45 Professional and business offices. 7.8.1.46 Public and semi-public buildings. 7.8.1.47 Public and semi-public recreational facilities. 7.8.1.48 Public utility structures. 7.8.1.49 Public utility structures and areas. 7.8.1.50 Radio stations or TV stations 7.8.1.51 Radio/TV repair. 7.8.1.52 Recreational Vehicle Park. 7.8.1.53 Rental sales, service and repair, provided all boats and vehicles not in operating condition are stored within an enclosed building or as permitted by conditional use permit. 7.8.1.54 Restaurants. 7.8.1.55 Restaurants, drive-in. 7.8.1.56 Restaurants, fast food. 7.8.1.57 Retail manufactured home sales lot. 7.8.1.58 Rifle Ranges (indoor). 7.8.1.59 Service occupations, including barber and beauty shop, shoe repair, appliance repair, and similar occupations. 7.8.1.60 Sewer and Septic Tank cleaning. 7.8.1.61 Shopping centers. 7.8.1.62 Signs meeting the requirements of Article X of this Ordinance. 7.8.1.63 Sporting Goods Store. 7.8.1.64 Swimming Pool Sales, Service and Supplies. 7.8.1.65 Transmission towers provided the requirements of Article IX are met. 7.8.1.66 Travel Agencies. 7.8.1.67 Truck and boat dealers provided that trucks and boats not in operating condition are stored in an enclosed building or behind a solid wall or fence in accordance with section 6.7. 7.8.1.68 Trucking and Motor Freight companies. 7.8.1.69 Veterinary hospitals, clinics, kennels, and animal shelters. 7.8.1.70 Video Arcades. 7.8.1.71 Similar retail uses as determined by the Planning and Zoning Commission.
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7.8.2 Conditional Uses. Within the B-2 General Business District, the uses enumerated below may be permitted. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein. (See 11-3) 7.8.2.1 7.8.2.2 7.8.2.3 7.7.2.3
Bed and Breakfast provided the requirements of Article IX are met. Lumber Yards. Public and private cemeteries. One dwelling unit per commercial unit, provided that the following conditions are met: 1. the dwelling unit and the commercial space must be part of the same building, and; 2. less than 50% of the total square footage of the building is to be used for residential purposes.
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Delete Section 9.5.1 Residential Home Occupation and replace with the following: 9.5.1 Residential Home Occupation The conduct of business in residential units may be permitted under the provisions of this section. It is the intent of the section to ensure the compatibility of residential home occupations with other uses permitted in the R-1, R-2, R-3 and RR districts, maintain and preserve the residential character of the area, and not create a nuisance for residents in the area by excessive traffic, smoke, noise or be a fire hazard. Home occupations which include sales or service operations for goods produced or services provided on-site shall be permitted upon approval of the Planning and Zoning Commission. In granting such approval, the Commission must find any such home occupation to be in full compliance with the following requirements: 9.5.1.1 9.5.1.2
The home occupation business shall be carried on within the residence and/or within a structure accessory to the residence. The home occupation shall be secondary to the principal use of the home as the business owner's residence. For the purposes of this regulation, a home occupation shall be considered secondary if it occupies either: 1) less than 50% of the total square footage of the home, or 2) an accessory structure, such as a garage, provided that the total square footage occupied by the home occupation remains less than 50% of the total square footage of the home
9.5.1.3
Other than the sign(s) permitted under Article X, there shall be no exterior display, nor other exterior indication of the home occupation, nor shall there be any variation from the primarily residential character of the principal or accessory building.
9.5.1.4
Exterior storage may be permitted only by special exception, granted by the Planning and Zoning Commission. The Commission may allow exterior storage only when the storage will be screened from neighboring views by a solid fence or by evergreens of adequate height and bulk at the time of planting to effectively screen the area. In situations where a combination of existing foliage and/or long distances to neighboring views provide screening, the fencing requirements may be waived at the discretion of the Planning and Zoning Commission.
9.5.1.5
Objectionable circumstances, such as noise, vibrations, dust, smoke, electrical disturbances, odors, heat or glare, shall not be produced.
9.5.1.6
No traffic shall be generated by the home occupation activity that will be substantially greater in volume than would normally be expected in the neighborhood.
9.5.1.7
Parking for the home occupation shall be provided off-street and shall not be located in the front yard.
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9.5.1.8
The home occupation must be owned by the residents of the dwelling.
9.5.1.9
One (1) registered business vehicle may be parked at the principal or accessory structure, provided that it is not larger than a van, panel truck, or pickup truck (personal vehicles which may also be used for business are excluded from this restriction).
9.5.1.10
Permitted residential home occupations: a. Architectural services b. Art Studio c. Barber Shops or Beauty Salons d. Consulting Services e. Data Processing f. Dental technician and laboratory g. Direct sale product distribution (Amway, Avon, Jaffra, Tupperware, and Herbalife) h. Drafting and graphic services i. Dressmaking, sewing, tailoring, contract sewing (one machine) j. Electronic assembly k. Engineering service l. Financial planning or investment services m. Flower arranging n. Home Office o. House cleaning service p. In-home child care q. Insurance sales or broker r. Interior design s. Laundry and ironing service t. Locksmith u. Painting v. Plumbing w. Real estate sales or broker x. Restaurants, food preparation y. Telephone answering, switchboard call forwarding z. Tutoring aa. Writing, computer programming ab. Other similar uses as approved by the Planning & Zoning Commission.
9.5.1.11 a. b. c. d.
Prohibited residential home occupations: Ambulance service Appliance repair Automobile repair, parts sales, upholstery, or detailing, washing service (including businesses working at customer's home) Boarding house, bed and breakfast
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e. f. g. h. i. j. k.
Carpentry, cabinet makers Contracting Masonry Medical or dental office (nor any practice of physical or medical application, including chiropractors) Religious institutions Tow truck services Veterinary uses (including care, grooming or boarding)
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Remove Section 9.5.2 Rural Home Occupations and replace with the following: 9.5.2 Rural Home Occupation. Rural home occupations in the agricultural districts may be permitted under the provisions of this section. It is the intent of the section to ensure the compatibility of rural home occupations with other uses permitted in the A-1 and A-2 districts; maintain and preserve the agricultural or rural character of the area and not create a nuisance for residents in the area by excessive traffic, smoke, noise or be a fire hazard. The purpose of rural home occupations is to provide a means for residents in the larger lot agricultural districts to participate in the type of businesses permitted in residential districts, be able to conduct the home occupation in an accessory building where necessary, and to park, on-site, vehicles required for the home occupation. Rural home occupations, where permitted, must meet the following special requirements: 9.5.2.1
The minimum lot size is five (5) acres. For lots less than five (5) acres, the home occupation is limited to the provision of section 9.5.1.
9.5.2.2
The home occupation business shall be carried on within the residence and/or within a structure accessory to the residence.
9.5.2.3
The rural home occupation must be clearly subordinate to the principal use of the parcel for dwelling and agricultural purposes. For the purposes of this regulation, a rural home occupation shall be considered secondary if it occupies either: 1) Less than 50% of the total square footage of the home, or 2) an accessory structure, such as a garage, provided that the total square footage of the accessory structure occupied by the rural home occupation remains less than 50% of the total square footage of the home.
9.5.2.4
Other than the presence of trade vehicles and the sign(s) permitted under Article X, there shall be no exterior display nor any other exterior indication of the home occupation, nor shall there be any variation from the primarily residential or agricultural character of the principal or accessory building.
9.5.2.5
Exterior storage may be permitted only with permission of the Planning and Zoning Commission. The Commission may allow exterior storage only when the storage will be screened from neighboring views by a solid fence or by evergreens of adequate height and bulk at the time of planting to effectively screen the area. In situations where a combination of existing foliage and/or long distances to neighboring views provide screening, the fencing
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requirements may be waived at the discretion of the Planning and Zoning Commission. 9.5.2.6
The home occupation must be owned by the residents of the dwelling.
9.5.2.7
Unless otherwise determined by the Board of Commissioners, no sales of products or service not produced on the premises is permitted.
9.5.2.8
The use has not been found likely to become a nuisance by reason of odor, dust, smoke, gas, vibrations, or may impose a hazard to health or property.
9.5.2.9
Modifications from the above requirements may be approved by the Planning and Zoning Commission, in individual cases if the modification is in accordance with the intent of the District.
9.5.2.10
Additional requirements or conditions may be added as deemed necessary insure that the rural home occupation will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or to the general welfare of the county or in any was adversely affect the character of the area.
9.5.2.11 a. b. c. d. e. f. g. h.
Permitted home occupations: All occupations permitted in the section 9.5.1.11. Appliance repair. Veterinary services other than boarding. Ceramics. Contracting, masonry Tow truck services. Upholstery. Other similar uses as approved by the Planning and Zoning Commission.
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Amend Article IX: Special Provisions to include the following: 9.20 Sanitary Systems – The placement of wells and septic system field lines should not interfere with the development of adjacent properties. 9.20.1 On lots that are not part of a major subdivision, neither septic system field lines nor wells may be located within 50 feet of the boundary line of the lot. 9.20.2 Within major subdivision developments, neither septic system field lines nor wells may be located within 50 feet of the exterior boundary line of the subdivision. 9.20.3 In the event that literal compliance with the terms of sections 9.20.1 or 9.20.2 prevent the location of septic field lines or wells on more than 33% of a proposed lot, the owner may apply to the Planning and Zoning Commission for a variance to reduce the depth of the required buffer by such amount necessary to alleviate the unnecessary hardship, but in no event to less than 25 feet from the applicant’s property line. The Planning and Zoning Commission may grant such a variance upon a finding that all of the following conditions exist: 9.20.3.1 There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and 9.20.3.2 The application of this ordinance to the particular piece of property would create an unnecessary hardship; and 9.20.3.3 Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this ordinance; and 9.20.3.4 Such conditions are peculiar to the particular piece of property involved; and 9.20.3.5 The special circumstances surrounding the request for a variance are not the result of acts by the applicant (including but not limited to the creation of a lot after the effective date of this section 9.20). 9.20.3.6 A denial of a variance may be appealed to the Board of Commissioners in accordance with Section 13.2 of this Ordinance. 9.20.4 The requirements of sections 9.20.1 or 9.20.2 of this ordinance may be waived if the owners of adjoining properties affected by these sections agree in writing to any other arrangement regarding septic tanks, drain fields and well sites which satisfies the regulations established by the Madison County Health Department, provided that the agreement is reduced to writing, recites that the obligations imposed thereby “run with the land” so as to bind
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9.20.5
9.20.6
9.20.7
9.20.8
9.20.9
subsequent owners, and is recorded in the real estate records of the Clerk of Court and indexed under the names of the current owners. Within major subdivision developments for which final plats are approved on or after the effective date of this section 9.20, the final plat shall reflect appropriate buffers for interior lots (i.e., lots with boundaries that are not the exterior boundary of the subdivision) so as to assure compliance with the requirements of the Madison County Health Department for septic tank system and well proximity, if the subdivision is served by wells and/or private septic systems. If adjoining properties are both served by public water, both property owners may locate their septic tanks and drain fields in any manner that complies with the septic tank and drain field requirements of the Madison County Health Department. For purposes of this section 9.20, the term “major subdivision” means a tract of land created by division from a larger tract on or after January 1, 1978, which would be a “major subdivision” if created under the Madison County Subdivision Regulations as they exist at the time this section 9.20 is being applied to a new placement of a well or septic line. In addition to these requirements, all septic tanks, drain fields, and well sites must comply with the regulations established by the Madison County Health Department. Any parcel that was rezoned by the Madison County Board of Commissioners between January 1, 2005 and December 31, 2005 shall be exempt from sections 9.20.1, 9.20.2 and 9.20.3 of this ordinance for a period of one year (365 days) from the date of the rezone. During that one year period, the location of septic tanks, drain fields and well sites shall be determined by the regulations established by the Madison County Health Department. For all other parcels, this section 9.20 shall be effective as of January 1, 2006.
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Remove Article X Sign Ordinance and replace with the following: Article X. Sign Regulations Sec. 10.1 Purpose and Intent of Article X Section 10.1.1 Purpose of Sign Regulation Section 10.1.1.1 Regulation of the location, size, placement, and certain features of signs is necessary to enable the public to locate goods, services, and facilities in the county without difficulty and confusion, to improve the general attractiveness of the county, to take advantage of the beauty of the county’s natural environment, and to protect property values therein. Such regulation is also necessary to facilitate and aid in the identification and location of businesses in the county in the event of police, fire, or other emergencies and to avoid confusion and delay in response to such emergencies. Accordingly, it is the intention of the County to establish regulations governing the display of signs that will: a. Promote and protect the public health, safety and general welfare. b. Provide for the expression of commercial and noncommercial speech by citizens and businesses in the county. c. Enhance the economy of the county and the success of business and industry by promoting the reasonable, orderly, and effective display of signs. d. Restrict signs and lights that increase clutter or which increase the probability of traffic accidents by obstructing or confusing the vision of drivers, bicyclists, or pedestrians. e. Promote signs that are aesthetically compatible with their surroundings. f. Restrict signs and lights that cause light pollution, sky glow and light trespass. g. Insure proper maintenance, for safety and structural soundness, as well as the appearance and functionality of signs.
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10.1.1.2 The purpose of this Article, therefore, is to support the economic vitality of the county through adequate identification of occupants, services, and events; to safeguard life through traffic safety; to protect the use of property, property values, and the public welfare; and to afford adequate opportunity for self-expression through free speech. These purposes are realized by regulating and controlling the number, location, size, sign type, and type of illumination of signs and sign structures so that all persons have ample opportunity to be equally heard and the public health, safety, and general welfare are adequately secured. Section 10.1.2 Regulation of Signs. No sign shall be placed or maintained on any property, building or other structure within the unincorporated area of Madison County except in conformity with this Sign Ordinance. Section 10.1.3 Intent of Sign Regulations. Notwithstanding any other restrictions in this Sign Article, any sign authorized under this Article can contain any commercial or non-commercial message, other than messages containing nudity or obscenity as defined herein, or other than a sign that advertises an activity that is illegal under Georgia or federal laws. Section 10.2 Definitions Related to Sign Regulations. The following words and phrases have specific meanings as used in this Article: Awning: A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway, or window from the elements. Awnings are often made of fabric or flexible plastic supported by a rigid frame, and may be retracted into the face of the building. Awning sign: See “Building Sign.”
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Banner: A sign other than an official or personal flag, made of paper, cloth, thin plastic, or similar lightweight material, and usually containing a message or logo. Building sign: A sign that in any manner is fastened to, projects from, or is placed or painted upon the exterior wall, window, door, or roof of a building. The term “building sign” includes but is not limited to the following: (1) Awning sign: A sign imposed, mounted or painted upon an awning. (2) Mansard sign: A sign imposed, mounted or painted upon a mansard and not extending above the top of the mansard. (3) Marquee sign: Any sign attached flat against the marquee or permanent sidewalk canopy of a building and not extending above the top of the marquee. (4) Parapet sign: A sign imposed, mounted or painted on a parapet and not extending above the top of the parapet. (5) Projecting sign: A sign affixed to a wall and extending more than 8 inches from the surface of such wall, usually perpendicular to the wall surface. (6) Roof sign: A sign that is mounted on, applied to, or otherwise structurally supported by the roof of a building. (7) Under-canopy sign: A display attached to the underside of a marquee or canopy and protruding over private sidewalks. (8) Wall (or façade) sign: A sign that is fastened directly to or is placed or painted directly upon the exterior wall of a building, with the sign face parallel to the wall, and extending from the surface of the wall no more than 8 inches. (9) Window sign: A sign that is placed on or behind a windowpane or glass door and intended to be viewed from outside the building. Canopy: A permanent roof-like structure projecting from a building and open on at least one side for the purpose of shielding a pedestrian walkway from the elements, or a free standing roof-like structure supported by columns intended to shield a vehicular driveway or service area from the elements. Changeable copy sign: (1) Automatic changeable copy sign: A sign on which the copy changes automatically on a lamp bank or through mechanical means, e.g., electrical or electronic time and temperature units. Copy shall mean words and numbers.
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(2) Manual changeable copy sign: A sign on which copy is changed manually in the field, e.g., reader boards with changeable letters. Copy shall mean words and numbers. Double-faced sign: A sign structure with two sign faces that are parallel (back-to-back) or that form an angle to one another, where each sign face is designed to be seen from a different direction and the two sign faces are separated from each other at their nearest point by no more than three feet. Freestanding sign: A sign permanently attached to the ground and that is wholly independent of any building or other structure. The term “freestanding sign” includes but is not limited to the following: (1) Pole sign: A sign that is mounted on a freestanding pole, columns, or similar support such that the bottom of the sign face or lowest sign module is not in contact with the ground. (2) Ground sign: A freestanding sign in which the entire bottom of the sign face or structure is in contact with the ground, providing a solid and continuous background for the sign face from the ground to the top of the sign. Also referred to as a “monument sign.” Illuminated signs: (1) Internally illuminated sign: Any sign that is illuminated by an artificial light source from within the sign structure over any or all of its sign face. (2) Externally illuminated sign: Any sign that is partially or completely illuminated at any time by an artificial light source that directly or indirectly illuminates the face of the sign from outside the sign structure. Incidental sign: A small sign, emblem, or decal no larger than one square foot. Such signs are normally located on doors, windows, and gas pumps, and are generally not readily visible or legible from public rights-of-way. Light pollution: The illumination of the night sky by electric lights that interferes with astronomical observation. Light trespass: Light emitted by an illuminated sign that shines beyond the boundaries of the property on which the sign is located. Mansard: A steeply sloped, roof-like façade architecturally similar to a building wall.
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Marquee: A permanent roof-like structure or canopy of rigid materials supported by and extending from the façade of a building. Marquee sign: See under “Building Sign.” Minimum front setback: The minimum distance required by the zoning on a property between an adjoining street and the façade of a principal building on the property. Monument sign: See “Ground Sign” under “Freestanding Sign.” Pennant: Any lightweight plastic, fabric or similar material designed to move in the wind; pennants are often suspended from a rope, wire, or string in series. The term “pennant” shall not include a “banner” or an “official or personal flag” as regulated in this Article. Planned center: A single office, commercial, or industrial property that is designed or intended for occupancy by two or more principal businesses that are separately owned and have no corporate relationship. Principal freestanding sign: The main or largest freestanding sign or signs on a property. Project entrance sign: A permanent freestanding sign located at a discernible entrance into a multi-family development, or into a development containing multiple lots, such as but not limited to a particular residential or commercial subdivision, business center, office park or industrial park. Projecting sign: See under “Building Sign.” Roadway, controlled access: A state or federal highway (usually median divided) that, by design, may only be accessed from: (1) Public streets where such access is provided by grade separated interchanges consisting of bridge(s) and ramps so that traffic entering and exiting said highway can safely merge into and exit from the highway at the posted speed limit; or (2) Public streets where such access is provided at grade level intersections which are designed and permitted by the Georgia DOT as part of the highway construction project; or (3) Right in/right out only private drives without median cuts and where such private drives are permitted by the Georgia DOT due to extenuating circumstances such as no other means of access.
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Controlled access roadways are distinguished from other state and federal roads in that the private driveway access is the exception to the rule rather than the norm. This definition does not include “limited access roadways.” Roadway, limited access: A median divided state or federal highway which, by design, may only be accessed from public streets and where such access is provided by grade separated interchanges consisting of bridge(s) and ramps so that traffic entering and exiting said highway can safely merge into and exit from the highway at the posted speed limit (an example would be an interstate highway). This definition does not include “controlled access roadways.” Roof sign: See under “Building Sign.” Shielded: when referring to an outdoor light fixture, shielded means that the fixture allows no up-light. Sign: Any structure, display, or device that is used to advertise, identify, direct, or attract attention to a business, institution, organization, person, idea, product, service, event, or location by any means, including words, letters, figures, design characteristics, symbols, logos, fixtures, colors, movement, or illumination. Sign face: That portion of the surface of a sign structure where words, letters, figures, symbols, logos, fixtures, colors, or other design elements are or may be located in order to convey the message, idea, or intent for which the sign has been erected or placed. The sign face may be composed of two or more modules on the same surface that are separated or surrounded by open space or by portions of a sign structure not intended to contain any advertising message or idea and are purely structural or decorative in nature. Sign module: Each portion or unit of a sign face that is clearly separable from other such units by virtue of the expression of a complete thought, message, logo, or idea. Sign structure: All elements of a freestanding sign, including the sign face, background, or decorative elements related to the presentation or support of the sign’s message, and the structural supports. Sky Glow: The illumination of the night sky by electric lights Temporary event: An activity having a specific duration or the end of which is related to a specific action, usually lasting for only a few days or months at a time. Temporary events include but are not limited to such activities as:
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(1) The offering of a property or premises for sale or rent; (2) An election, political campaign, referendum, or ballot proposition put to the voters as part of city, county, state, or federal governance; (3) Special business promotions, such as but not limited to “grand openings,” “close-out sales,” carnivals and seasonal sales events; (4) A yard sale; (5) The construction of a building or development project, or the rehabilitation, remodeling, or renovation of a building; or (6) A special event by a nonprofit organization, such as a community fair or religious assembly. Tenant: A natural person, business or other entity that occupies land or buildings by title, under a lease, or through payment of rent; an occupant, inhabitant, or dweller of a place. Under-canopy sign: See under “Building Sign.” Up-light: direct light emitted by an outdoor light fixture above a horizontal plane through the fixture's lowest light-emitting part. Vehicular sign: Any sign placed, mounted, painted on or affixed to a motor vehicle, freight, flatbed or storage trailer or other conveyance when same are placed or parked in such a manner as to be viewed or intended to be viewed from the public right(s)-of-way except that this definition shall not apply when: (1) 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 and provided said conveyances are located within designated storage areas. Wall sign: See under “Building Sign.” Window Sign: See under “Building Sign.” Section 10.3 Applicability. Section 10.3.1 Signs that are regulated.
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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 public property, except as otherwise exempt under this Section. Section 10.3.2 Exemptions; general. The following are exempt from all restrictions and regulations imposed by this Article: (1) Window displays of goods available on a site are not considered to be signs and are exempt from these sign regulations. (2) Brand names or logos on products, product containers, or product dispensers (such as but not limited to a soft drink machine or gasoline pump) that are an integral part of the product or the product’s packaging are not considered to be signs and are exempt from these sign regulations. (3) A building design, color, or motif 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. Section 10.3.3 Signs that are exempt from regulation. Each of the following types of signs are allowed on any property and are exempt from the restrictions imposed by this Article: (1) Official signs. Signs placed by or at the direction of a governmental body, governmental agency or public authority, such as but not limited to traffic signs, signals, or regulatory devices or warnings; official emblems, public notices, or official instruments; signs providing directions to specific facilities or locations; signs of historical interest; signs designating special events or areas of architectural or historic significance or gateways; or other similar governmental signs or devices. Such signs are authorized within all rights-of-way or other properties controlled by such governmental body, agency, or authority; and at such other locations as a governmental body, governmental agency or public authority may direct. (2) Property address signs.
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Property addresses are not signs when displayed on a building or mailbox, provided that such property address consist of lettering no larger than 5 inches in height on a building or 3 inches on a mailbox. (3) Holiday decorations. Holiday decorations and displays erected on a seasonal basis that are not intended to be permanent in nature. (4) Incidental signs. Small signs and postings as defined in this Article of no more than 1 square foot, provided that the aggregate of all such signs on a property may not exceed 16 square feet. Section 10.4 Prohibited signs. The following types of signs are prohibited: Section 10.4.1 Animated and flashing signs. Signs other than automatic changeable copy signs that flash, blink, rotate, revolve, or have moving parts or visible bulbs, are not allowed. Signs containing reflective elements that sparkle in the sunlight or otherwise simulate illumination during daylight hours are not allowed. Section 10.4.2 Attached and painted signs. Signs that are painted on or attached to trees, fence posts, utility poles, or rocks or other natural features, are not allowed. Section 10.4.3 Banners. Banners are not allowed except as provided for temporary signage under this Article. When allowed as temporary signage, a banner shall be allowed only as wall or window signage and shall be placed flush upon the wall or window to which it is attached. Banners shall not be hung as under-canopy signs, flown as flags, or used as any other form of sign. Section 10.4.4 Dilapidated signs. Signs that are dilapidated or in such condition as to create a hazard, nuisance or to be unsafe or fail to comply with any provision of the building code of the County are not allowed.
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Section 10.4.5 Display of nudity. Signs displaying nudity, as defined by the State of Georgia at O.C.G.A. Section 32-6-75 (b)(1), are not allowed. Section 10.4.6 Festoons. Strings of ribbons, tinsel, small flags, pennants, streamers, pinwheels, or other devices or long narrow strips of fabric, plastic, or other pliable material designed to move in the wind, are not allowed, except as provided for temporary signage under this Article. Section 10.4.7 Inflatable signs. A sign that is intended to be expanded by air or other gas for its proper display or support is not allowed. Section 10.4.8 Obscene signs. Obscene signs, as defined by the State of Georgia at O.C.G.A. Section 16-12-80 (b), are not allowed. Section 10.4.9 Obstructions. No sign shall obstruct any fire escape, window, door, or opening usable for fire prevention or suppression, or prevent free passage from one part of a roof to any other part thereof. No sign shall extend above a parapet wall, be affixed to a fire escape, or interfere with any opening required for ventilation. Section 10.4.10 Portable signs. A sign designed to be transported or easily relocated and not attached to the ground, is not allowed (except as provided for temporary signage under this Article). Section 10.4.11 Private signs placed on public property. Any sign posted or erected on utility poles, governmental signs, public rights-ofway or any other public property is not allowed, except those placed by agencies of the federal, state, or local government. Section 10.4.12 Roof signs. Roof signs, including signs painted or adhered on roofs, are not allowed. This prohibition does not apply to the fascia portion of a mansard roof, or to the face of
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a parapet wall, provided that the sign must not extend above the top of the mansard roof or parapet wall. Section 10.4.13 Signs imitating public warning or traffic devices. Any sign that displays intermittent lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance, or rescue vehicles, and any sign that uses the words "stop," "danger," or other message or content in a manner that might mislead or confuse a driver, is not allowed. No red, green, or yellow illuminated sign shall be permitted within 300 feet of any traffic light. Section 10.4.14 Sound or smoke emitting signs. 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 or odors, is not allowed. Section 10.4.15 Signs advertising illegal activity. Signs that advertise an activity illegal under Georgia or federal law are not allowed. Section 10.5 General requirements applying to all signs. Section 10.5.1 Conformance to Building Codes. (1) In addition to any sign permit required under this Article, a building permit shall be obtained from the Building Inspector prior to installation or placement of any freestanding sign having a sign structure area greater than 15 square feet or any building sign having a sign face area greater than 6 square feet. All signs for which a building permit is required shall be constructed and maintained in conformance with all Building Code and Electrical Code requirements. (2) Plans required for issuance of a building permit for a sign shall be certified as to conformance with all structural and wind-load resistive standards of the Building Code by a qualified structural engineer, or be prepared using standard drawings prepared by a structural engineer or other qualified professional meeting or exceeding all requirements of the Building Code. (3) All signs involving internal lights or other electrical devices or circuits shall display a label certifying it as being approved by the Underwriter’s Laboratories, Inc.
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(4) All electrical service to a sign shall be in compliance with the Electrical Code. (5) Clearance from all electrical power lines shall be in conformance with the requirements of the Electrical Code. Section 10.5.2 Conformance to state law. The following applies to any sign located or to be located within 660 feet of the nearest edge of the right-of-way of an Interstate, U.S. or State-numbered highway (or any other road designated as a “primary highway” by the State of Georgia and approved by the U.S. Department of Transportation), or located or to be located beyond 660 feet of such highway but visible and intended to be read from such highway: (1) Such sign shall comply with all 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. Between the Georgia and Madison County regulations, such sign must comply with the most restrictive requirements with respect to each and every item of regulation. Section 10.5.3 Sign maintenance. (1) All signs, together with all their supports, braces, guys, and anchors shall be kept in good repair and, unless constructed of galvanized or noncorroding metal, shall be given a protective coating as necessary to maintain a clean appearance and safe condition. (2) All signs shall be maintained in accordance with all County regulations, including any regulations concerning nuisances and vegetation. Section 10.5.4 Minimum sign setback. No sign or sign structure of any kind is authorized to extend into or above, or be anchored or placed in any portion of a public right-of-way (except official signs). Unless provided otherwise in this Article, all signs on a property are subject to the setback requirements for accessory uses under the property’s zoning classification, but in no case may any portion of a sign be located less than 5 feet from a public right-of-way except for miscellaneous signs allowed under 10.8.1 of this Article. Section 10.5.5 Principal freestanding signs; distance between.
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(1) Signs 100 square feet in area or less. Each principal freestanding sign having an area of 100 square feet or less shall be located at least 50 feet from any other principal freestanding sign on the same side of the street. The Zoning Administrator may reduce this distance if it cannot be met due to the location of existing signs on separate but adjoining lots. Such reduction shall be the minimum required in order to maintain the greatest separation possible from such existing signs. (2) Signs greater than 100 square feet in area. Each principal freestanding sign having an area greater than 100 square feet shall be located at least 1,000 feet from any other freestanding sign having an area greater than 100 square feet, and at least 200 feet from a property where signs having an area of at least 100 square feet are not allowed. Distance measurements are to be made horizontally in all directions from the nearest edge of the sign structure. (3) Principal freestanding signs shall be located at least 25 feet from a side lot line, or one-half the width of the lot frontage, whichever is less. In no case may the sign be located more closely to a side lot line than the minimum required by the zoning district. Section 10.5.6 Ground clearance under signs. (1) Projecting signs shall not project more than 3 feet beyond the face of the building. Projecting signs shall provide a minimum of 8 feet of clearance from ground level to the bottom of the sign. (2) Under-canopy signs of greater than 4 square feet shall be rigidly mounted, and there shall be 8 feet of clearance below the base of any rigidly mounted undercanopy sign. There shall be a minimum clearance of 7 feet below the base of any non-rigidly mounted under-canopy sign. (3) Awning, mansard and marquee signs shall be no less than 8 feet above the ground when erected over pedestrian walkways at the lowest extremity of the sign. Section 10.5.7 Visibility clearance area.
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(1) No portion of a sign face, and no portion of a sign structure wider than 12 inches, between the heights of 2½ feet and 12 feet shall be located within 20 feet of the intersection of the right-of-way lines of streets, roads, highways or railroads, or within 20 feet of the intersection of a street right-of-way and either edge of a driveway. (2) No sign shall be erected or maintained where, by reason of its position, wording, illumination, size, shape or color, it may obstruct the view of oncoming vehicles or impair, obscure, interfere with the view of, or be confused with any authorized traffic control sign, signal or device. Section 10.5.8 Illuminated signs. (1) Where restricted. Signs are allowed to be externally or internally illuminated, except as follows: a. Signs located on R-1, R-2, R-3 and RR property may not be illuminated. b. Signs located on A-1 or A-2 property may not be internally illuminated. (2) Traffic Control. No sign illumination device shall resemble an official traffic control or warning sign, nor shall it hide from view or distract from any traffic or street sign or signal. (3) Hazards. Illumination devices shall be placed, filtered, and shielded so direct rays will not be cast into the eyes of drivers or pedestrians. (4) Light Pollution. a. Sign illumination shall not cast light directly upon adjacent properties or roadways. b. No illuminated signs are allowed within 100 feet of any residential zoning district. (5) Neon Tubes. No sign that has exposed neon tubes or other exposed tubes containing luminescent gas shall be used outside a building. (6) Exposed Wires. No sign may have exposed electrical wires.
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(7) Strings of Bulbs. Strings of bulbs are not permitted, except as part of a holiday celebration. (8) Hours of Illumination. No sign shall be illuminated between 11 p.m. and 6 a.m. except for those hours during which the premises on which the sign is located is open for business. (9) Types of illumination. a. Externally-illuminated sign. An externally-illuminated sign, when permitted, shall have concealed wiring and controls, and shall have shielded and screened external light sources. Lighting fixtures used in externally illuminated signs shall only be mounted on the top of the sign structure, with the light directed downward toward the text of the sign. Lights shall not be positioned so as to shine upward toward the night sky.
b. Internally-illuminated sign. Internally-illuminated signs, where permitted, must completely shield the source of light from direct view. Internally channeled or reverse-channeled letters are permitted only in instances of wall signs affixed to buildings with a front setback of more than 100 feet. Internally illuminated signs must be shielded so that the sign does allow light to radiate towards the night sky.
Section 10.6 Measurement of sign area and height. Section 10.6.1 Computation of sign area. In order to determine compliance with the maximum allowable sign areas permitted under this Article, the following shall establish how sign areas are measured. The terms “sign area” and “sign face area” are interchangeable and have the same meaning for the purpose of regulating maximum sign sizes. (1) Sign face area. a. The area of a sign face shall be computed as the area within the
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smallest rectangle enclosing the limits of a sign face, or the combination of the areas of all such rectangles delimiting each sign module, together with any frame or material, texture, or color forming an integral part of the sign face or used to differentiate the sign face from the structure upon which it is placed. b. 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’s face. c. The computation of the area of a sign face shall not include the structure, supports, or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature, other than those portions contained within the rectangle that delimits the sign face or a sign module. d. Manual changeable copy signs. For any sign on which any of the words, letters, figures, symbols, logos, fixtures, colors, or other design elements are routinely changed or are intended to be changed from time to time, the sign face area shall include the entire area within which any words, letters, figures, symbols, logos, fixtures, colors, or other design elements may be placed, together with any frame or material, texture, or color forming an integral part of the sign face or used to differentiate the sign face from the structure upon which it is placed. (2) Sign Structure Area. a. The area of a sign structure shall be computed as the area within the smallest rectangle enclosing the limits of the surface of a sign whereon the sign face or sign modules may be placed, including all portions of a sign structure that provide a background for the sign face but are not intended to contain any message or idea and are purely structural or decorative in nature. b. For project entrance signs or other signs that are imposed, mounted or painted on a wall or other decorative structure, the sign structure area shall be computed as that portion of such wall or other decorative structure that is discernibly
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devoted to the support of the sign or, by its design or architectural treatment, intended to provide a background or frame for the sign. (3) Treatment of open spaces. Any open space contained within the limits of the rectangle delimiting the sign face, sign module, or sign structure shall be included in the computation of the area of such sign face, sign module, or sign structure. (4) 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 on the largest side. For double-faced signs where the interior angle formed by the faces is more than 60 degrees, the area of the sign shall be the total area of all sides. Section 10.6.2 Measurement of sign height. The height of a sign shall be equal to the vertical distance from the average grade at the base of the sign, or from the crown of the roadway of the nearest street within 50 feet of any portion of the sign, to the highest point of any portion of the sign, whichever results in the greater sign height. Any earthen berms and elevated foundations supporting signs, signposts or other sign supports shall be included in the height of the sign. Section 10.7 Permanent signs allowed, by land use category. The following Tables 1 and 2 present the maximum number, size, height, and other restrictions relating to specific signage that are permitted by right in each land use category. Additional signage is permitted under this Article and under Sec. 10.8 and 10.9 of this Article. Section 10.7.1 Principal Freestanding Sign—One Use on Property. “Principal Freestanding Sign—One Use on Property” on Table 1 applies to a lot where there is only one use being made of the property, such as but not limited to one single family or two-family dwelling, one multi-family development, one public or community institution, or one business occupant. A predominantly agricultural property, with or without a residence on the property, is considered a
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single agricultural use. Properties that are vacant but zoned or offered for sale or lease for a particular land use also fall under this category. Section 10.7.2 Principal Freestanding Sign—Planned Center. “Principal Freestanding Sign—Planned Center” on Table 1 applies to a single commercial or industrial property that is designed or intended for occupancy by two or more principal businesses that are separately-owned and have no corporate relationship. A planned center may consist of several businesses in a single building or individual businesses in several buildings on the property. Section 10.7.3 Project entrance signs. Project entrance signs are signs located at an entrance into a residential subdivision, into a multi-family development, or into an office, commercial or industrial park consisting of two or more lots. Each project entrance sign shall not exceed the number, area or height limitations shown on Table 1. Section 10.7.4 Building signs. For building signs permitted on Table 2, the following shall apply: (1) For single -occupant buildings, the maximum allowed area for a building sign on a wall shall be calculated on the basis of the percentage of the entire area of said wall, including all windows and doors. (2) For multi-tenant buildings, the maximum allowed area for each building sign for each tenant shall be calculated on the basis of the percentage of the area of the wall, including all windows and doors, of that portion of the structure occupied by the tenant. (3) In no case shall a window sign obscure more than 25% of a window. (4) Projecting and under-canopy signs shall be limited to no more than 1 per tenant on a property, and each tenant shall have no more than 1 projecting sign or under-canopy sign, for each street that the tenant faces. Section 10.7.5 Automatic changeable copy signs. Automatic changeable copy signs are only allowed on B-2 and industrial properties. Section 10.7.6 Planned Unit Development.
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For signs in a Planned Unit Development (PUD), each property or individual development within the PUD shall conform to the sign regulations established as part of the zoning approval for the PUD. If no such regulations exist, each property or individual development within a master planned development shall conform to the provisions of this Article in accordance with the land use category of said property or individual development.
Table 1: Permitted Freestanding Signs—By Land Use Category A-1, A-2
RR, R-1,
B1, B2, I
R-2, R-3
Public or Institutional
Principal Freestanding Sign – One Use on Property Maximum
1
1
Number Maximum
1 per street
1 per street
frontage
frontage
12
4
100
100
6
5
20
20
Square Footage Maximum Height Principal Freestanding Sign – Planned Center Maximum
1 per street
Number
frontage
Maximum
250
Square Footage Maximum
20
Height Project Entrance Sign Maximum
1
1
1
Maximum
32 square
32 square
32 square
Square
feet
feet
feet
6
6
6
Number
Footage Maximum Height FOOTNOTES
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Table 2 Permitted Building Signage by Zoning Classification A-1, A-2
RR, R-1,
B1, B2, I
Public or
R-2, R-3
Institutional
Wall, Awning, Under-Canopy, Projecting, and Window Signs on a Building Maximum Number
1
1
1 per tenant
1 per tenant
10 square feet
1 square foot per
25% of the area
25% of the area
building
of the wall on
of the wall on
which the sign is
which the sign is
placed, up to a
placed, up to a
maximum of 100
maximum of 100
sqft.
sqft.
of all Building Signs Maximum Sign Face Area
Additional Under-
N/A
N/A
1 per tenant, up
Canopy Sign
to 4 sqft. in area
Signs on a Freestanding Canopy Maximum Number
1 per canopy face
of All Canopy Signs Maximum sign
10% of the area
face area
of each canopy face
Maximum Sign
9 sqft.
Face Area of Largest Sign FOOTNOTES
Section 10.8 Other permanent signs allowed. Section 10.8.1 Miscellaneous freestanding signs.
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Freestanding signs in addition to those shown on Table 1 are allowed as accessory uses on a property occupied by any multi-family, commercial, industrial, or public or community use if each sign complies with all of the following: (1) Within the area between a street and the minimum front yard setback for principal buildings required for the zoning district, additional signs may be 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 4 square feet in sign area nor be more than 2½ feet in height. (2) Miscellaneous signs located farther from the street than the minimum required front yard setback shall be allowed as follows: a. One miscellaneous sign not to exceed 32 square feet in area nor more than 8 feet in height may be located on the property for each principal building on the lot. b. Other miscellaneous freestanding signs are allowed beyond the minimum front yard setback on a property developed for multi-family, commercial, industrial, or public or community use, provided that such signs shall have no more than 4 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 high, such as those marking a handicapped parking space). Section 10.8.2 Private and public recreational signs. (1) Private and public recreational activities support signs shall be those signs erected on walls, fences, dugouts, press boxes, stadium stands, concession stands, ticket booths, benches and locker rooms which are sold by private and/or public organizations to support recreational activities of the type sponsored by nonprofit organizations or the school district. (2) Such signs shall be allowed on any public or community use property where the aforementioned recreational facility is permitted and located. (3) Such individual signs shall not exceed 8 feet in height and 32 square feet in area and must face inward to the recreational activity area.
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(4) There shall be no limit on the number of signs per site provided that such sign faces are not visible from neighboring residential property or public rights-ofway. Section 10.8.3 Vehicular Signs Vehicular signs may only be located on a commercial or industrial property. Each such lot, tract or parcel may contain one vehicular sign as defined herein, except that double frontage lots may have two such signs, one per road front. Vehicular signs shall meet the following criteria: a) The area of such signs, when combined with the total area of other signs shall not exceed the total area authorized for signs for that lot within the land use category. b) The height of such signs shall not exceed the height limit for signs authorized in the land use category c) Such signs shall not exceed a maximum of two per lot nor a maximum of one per road front. d) Such signs shall not be lighted Section 10.9 Temporary signs. The following temporary signs are allowed under the provisions of this Article. Section 10.9.1 Official or personal flag. Any cloth, paper, thin plastic, or similar material that is displayed by hanging or flying, representing in whole the officially adopted symbol or emblem of a government, political subdivision, institution, organization, or corporation; or, a flag adopted or flown by a person as a symbol or statement, is allowed as an accessory use on any property that is used in any land use category if it complies with all of the following: a. Official and personal flags shall not be located on flagpoles that exceed the building height limitation of the zoning district for the property where the flag is displayed. b. The official flag of the United States of America shall be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes.
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10.9.2 Election-cycle signs. (1) Location. a. Such signs are allowed on properties in all land use categories. b. Such signs shall be erected and maintained only with the permission of the owner of the property upon which the sign is erected. c. No such sign can be placed within 50 feet of an intersection, nor shall any sign be closer than ten feet to the pavement of a driveway. (2) Setback. No setback from the street right-of-way line shall be required for an election cycle sign, except that any such sign shall not be placed within or over the street rightof-way nor affixed to any tree, utility pole or official traffic sign or structure. (3) Size. Election-cycle signs shall not exceed six feet in height and 16 square feet in area. (4) Number and duration. Election-cycle signs may be displayed from the last day of qualification of candidates until the election of all candidates to office or resolution of all ballot questions put to the voters in the election. (5) Permanence. Nonpermanent but water-resistant construction materials may be used, such as but not limited to poster board, foam core board or illustration board. (6) Lighting. Such signs shall not be illuminated. Section 10.9.3 Real estate signs. (1) Location. a. Such signs are allowed on properties in all land use categories. b. Such signs shall be erected and maintained only with the permission of the owner of the property upon which the sign is erected. c. No such sign can be placed within 50 feet of an intersection, nor shall any sign be closer than ten feet to the pavement of a driveway. (2) Setback.
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No setback from the street right-of-way line shall be required, except that any such sign shall not be placed within or over the street right-of-way nor affixed to any tree, utility pole or official traffic sign or structure. (3) Size. a. Agricultural property. Temporary event signs located on a property offered for sale or lease as an agricultural property shall not exceed 32 square feet in area and 10 feet in height. b. Single - and two-family residential property. Temporary event signs located on a property offered for sale or lease as a single -family or two-family residence shall not exceed 9 square feet in area and 6 feet in height. c. Multi-family, commercial or institutional, and industrial use properties. Temporary event signs located on a property offered for sale or lease as a multifamily or nonresidential use shall not exceed 48 square feet in area and 10 feet in height. (4) Number and duration. a. One freestanding sign per street frontage may be placed on a property that is available for sale or lease. For a planned center, one additional building sign may be placed on each tenant space that is available for sale or lease. During construction of a residential or nonresidential subdivision, one additional sign may be placed at each entrance into the subdivision. b. The temporary sign may be placed upon the availability of the building or premises for sale or lease, and shall be removed within 10 days of the closing of the sale or execution of the rental agreement. (5) Permanence. a. Only permanent construction materials shall be used. 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; automatic changeable copy shall not be allowed. (6) Lighting. Such signs shall not be illuminated except on commercial or industrial properties. Section 10.9.4 Short duration temporary signs.
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(1) Location. a. Such signs are allowed on properties in all land use categories. b. Such signs shall be erected and maintained only with the permission of the owner of the property upon which the sign is erected. c. No such sign can be placed within 50 feet of an intersection, nor shall any sign be closer than ten feet to the pavement of a driveway. (2) Setback. No part of any short duration temporary sign shall be located in, or within 5 feet of a public right of way. (3) Size. Short duration temporary signs shall not exceed 6 feet in height and 6 square feet in area. (4) Number and duration. a. No more than two short duration temporary signs can be erected on any lot at any one time. b. Short duration temporary signs can be erected for a maximum of 4 weeks. c. Short duration temporary signs cannot be placed on the same lot more than three times per calendar year from January 1st to December 31st. (5) Permanence. a. Nonpermanent but water-resistant construction materials may be used, such as but not limited to poster board, foam core board or illustration board. b. 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; automatic or manual changeable copy shall not be allowed. (6) Lighting. Such signs shall not be illuminated. Section 10.9.5 Long duration temporary signs. (1) Location. a. Such signs are allowed on properties in all land use categories. b. Such signs shall be erected and maintained only with the permission of the owner of the property upon which the sign is erected.
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c. No such sign can be placed within 50 feet of an intersection, nor shall any sign be closer than ten feet to the pavement of a driveway. (2) Setback. No part of any long duration temporary sign shall be located in, on or within 5 feet of a public right-of-way. (3) Size. Except for portable signs, banners, streamers and flags allowed under 10.9.6, long duration temporary signs shall not exceed 6 feet in height and 6 square feet in area. (4) Number and duration. a. No more than two long duration temporary signs can be erected on any lot at any one time. b. Long duration temporary signs can be erected for a maximum of 60 days. c. Long duration temporary signs cannot be placed on the same lot more than two times per calendar year from January 1st to December 31st. (5) Permanence. Except for portable signs, banners, streamers and flags allowed under 10.9.6, only permanent construction materials shall be used. 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; automatic changeable copy shall not be allowed. (6) Lighting. Such signs shall not be illuminated except on commercial or industrial properties. Section 10.9.6 Portable signs, banners, streamers and flags. Portable signs, banners, streamers and flags are allowed as long duration temporary signs on a property developed for commercial or industrial uses, subject to all provisions that pertain to long duration temporary signs and the following additional restrictions. (1) The primary purpose of this Subsection is to allow additional temporary signage during special commercial events, such as “grand openings” and special sales.
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(2) Portable signs. One portable sign per developed lot or business is allowed under the following conditions and requirements: a. Prior to the erection or placement of these signs or devices, all required fees and taxes shall be paid by the owner of the sign. b. The maximum size allowance for these devices and signs shall not exceed 32 square feet. The square footage of said portable sign, when combined with other signs on the same lot, shall not exceed the total square footage authorized for freestanding signs in the land use category. Said sign shall not have arrows, directional arrows, or flashing lights. c. No portable sign shall be placed on a lot that is used for residential purposes. d. The sign must be placed on the site in such a manner as to be at least 5 feet from the right-of-way and to not be an obstruction for traffic or visibility. The location of the sign is subject to approval of the Zoning Administrator. e. 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 Building Inspector. f. All electrical connections to the sign must be in compliance with the electrical codes as adopted by the County, and must be inspected prior to use. g. The maximum number of portable sign permits to be issued to a single location or site at any given time shall be 1 sign. (3) Banners, streamers and flags. a. Banners, streamers and flags shall be counted towards the total square foot sign area for freestanding signs permitted for the lot on which they are placed, and when added to the area of all other signs on said lot shall not exceed the total sign area permitted for the lot. b. No part of any such sign shall be located in, on or within 5 feet of a public right-of-way. Section 10.9.07 Weekend signs. Weekend signs are allowed as temporary signs under the following provisions. (1) Location. a. Such signs are allowed on properties in all land use categories.
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b. Such signs shall be erected and maintained only with the permission of the owner of the property upon which the sign is erected. (2) Setback. No setback from the street right-of-way line shall be required for a weekend sign, except that any such sign shall not be placed within or over the street right-of-way nor affixed to any tree, utility pole or official traffic sign or structure. (3) Size. Such signs shall not exceed 6 square feet in area nor be more than 3 feet in height. (4) Duration. Weekend signs shall be allowed only between Friday starting at 5:00 p.m. and Sunday ending at 8:00 p.m. (5) Permanence. a. Nonpermanent but water-resistant construction materials may be used, such as but not limited to poster board, foam core board or illustration board. b. 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; automatic or manual changeable copy shall not be allowed. (6) Lighting. Such signs shall not be illuminated. Section 10.9.8 Construction signs. Additional signs are allowed as temporary signs during the construction or remodeling of a project or building. (1) Location. a. Such signs are allowed on properties in all land use categories. b. Such signs shall be erected and maintained only with the permission of the owner of the property upon which the sign is erected. (2) Setback. (3) No part of any long duration temporary sign shall be located in, on or within 5 feet of a public right-of-way. (4) Number and size of signs. The number of such signs and their sizes shall be limited to one of the following:
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a. One temporary sign per contractor not exceeding 4 square feet in area nor more than 5 feet in height; or b. One sign per property, not exceeding 100 square feet in area nor more than 20 feet in height in B-1, B-2 or I zones. (5) Duration. a. The sign(s) may be placed upon issuance of a development permit authorizing site grading, or a building permit authorizing the construction, interior finish or remodeling, and must be removed upon issuance of the Certificate of Occupancy, final building inspection, or approval for connection to electric power for the work authorized by the building permit, whichever occurs first. (6) Permanence. Only permanent construction materials shall be used. 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; automatic changeable copy shall not be allowed. (7) Lighting. Such signs shall not be illuminated. Section 10.10 Sign permits. Section 10.10.1 Sign permits; when required. In addition to a building permit as may be required under the Building Code, a sign permit shall be obtained from the Zoning Administrator prior to installation, relocation, expansion, construction or structural alteration of any sign regulated under this Article except for those signs specifically exempted under 10.10.2, below. Section 10.10.2 Sign permits; exemptions. The following do not require issuance of a sign permit. (1) A sign permit will not be required under the following conditions: a. Replacing or altering the words, letters, figures, symbols, logos, fixtures, colors, or other design elements that compose a sign’s message, in whole or in part, shall not require a sign permit unless a structural change is made.
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b. Painting, repairing, cleaning, or maintaining a sign shall not require a sign permit unless a structural change is made. (2) A sign permit will not be required for the following listed signs: a. Any sign that is otherwise exempt from regulation under Sec. 10.3 of this Article. b. A principal freestanding sign on a single -family or two-family residential property allowed under 10.7.1 of this Article does not require a sign permit. c. Miscellaneous freestanding signs that are allowed under 10.8.1 of this Article do not require a sign permit. d. Public and private recreational signs that are allowed under 10.8.2 of this Article do not require a sign permit. e. Official or personal flags that are allowed under 10.9.1 of this Article do not require a sign permit. f. Election-cycle signs that are allowed under 10.9.2 of this Article do not require a sign permit. g. Real estate signs that are allowed under 10.9.3 of this Article do not require a sign permit. h. Weekend signs that are allowed under 10.9.7 of this Article do not require a sign permit. i. Construction signs that are allowed under 10.9.8 of this Article do not require a sign permit. j. Any building sign less than 6 square feet in area does not require a sign permit. Section 10.10.4 Issuance of a sign permit. (1) Sign review required. For any sign requiring issuance of a sign permit under the provisions of this Article, sign review shall be required prior to installation, relocation, renovation, expansion, construction or reconstruction of the sign. The sign application, with the non-refundable application fee established by the Board of Commissioners, shall be submitted to the Planning and Zoning Director. (2) Sign permit application. a. Application for signs other than temporary signs.
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The application for a sign permit for all types of signs other than temporary signs must include the following: 1. An itemized list and a keyed site plan at a suitable scale showing the location of all existing signs and sign structures currently on the property. 2. An itemized list and a keyed site plan at a suitable scale showing the location of all proposed signs to be located on the property and all existing signs proposed to be removed. 3. A scaled drawing with dimensions and specifications, specifying materials, illumination, character sizes, colors, and support systems for each proposed sign. 4. The estimated cost of construction for each proposed sign. 5. An agreement wherein the applicant shall indemnify the county against all damages, demands, or expenses of any kind caused by the sign or sign structure. 6. Any other information as may be reasonably required by the Planning and Zoning Director to determine compliance with all provisions of this Article. b. Application for temporary signs. The application for a sign permit for a temporary sign must include the following: 1. A list of the temporary signs to be placed on the property. 2. A description of the temporary signs to be placed on the property. 3. For portable signs, banners, streamers and flags, written and graphic evidence of compliance with all requirements of 10.9.6. (3) Approval of sign permit. a. Once a complete application for a sign permit has been received, within 30 days the Planning and Zoning Director shall review the application and either 1. Issue the permit; or 2. Inform the applicant of the reasons why the permit cannot be issued. b. Upon determination that the application fully complies with the provisions of this Article, the Building Code, and all other applicable laws, regulations, and Articles, the sign permit shall be issued by the Planning and Zoning Director. c. If the Planning and Zoning Director fails to act on a complete application within 30 days of receipt, it shall be deemed approved, subject to the requirements and provisions of this Article.
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d. An applicant may appeal the denial of a sign permit as an appeal of an administrative decision to the Board of Appeals following the procedures for such appeals under the Appeals Article of this Code. Such appeals must be filed with the Planning & Zoning Director within 5 days of the denial of the sign permit. (4) Permit identification to be placed on the sign. Every sign for which a permit is issued shall be plainly marked with the name of the permittee and shall have the number of the sign permit affixed on the framework in the lower right hand area of the sign or on the sign face using a durable material so that it is easily seen and weatherproof. (5) Expiration of sign permit for uncompleted construction. A sign permit shall expire if the sign for which the permit was issued has not been substantially completed (to the extent of at least 60% completion based on the estimated cost of construction from the permit application) within six months of issuance. One 6-month extension may be approved by the Planning and Zoning Director for circumstances deemed extenuating and reasonable. (6) Fee schedule. The Board of Commissioners may from time to time, establish a schedule of fees for sign permits or modify said fee schedule as necessary to include, but not necessarily be limited to, the cost of issuing permits, making inspections and other administrative matters related to this Article. Section 10.11 Modifications to sign restrictions. Section 10.11.1 Requests for modifications. (1) Modifications to the restrictions on signage for a specific property or development may be requested for administrative approval. (2) Such requests shall be submitted to the Planning & Zoning Director for review and approval or denial. Section 10.11.2 Denial of modification request. If the Planning & Zoning Director denies the requested modification, the applicant may appeal the decision to the Planning and Zoning Commission. Section 10.11.3 Approval of modification request.
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Following approval by the Planning & Zoning Director or the Planning Commission, the applicant shall become eligible to receive a sign permit by following the procedures established in Section 10.10.4 of this ordinance. Section 10.12 Nonconforming Signs Section 10.12.1 Nonconforming signs; defined A nonconforming sign is a sign that was lawfully erected and maintained prior to the adoption of this ordinance, and which by reason of such adoption fails to conform to all applicable regulations and restrictions of this ordinance. Section 10.12.2 Grandfathered nonconforming signs A nonconforming sign that is permanently affixed to the ground or to a building may continue to be used, except that the nonconforming sign shall not be replaced, expanded, relocated or substantially renovated except in conformity with the provisions of this ordinance. Section 10.12.3 Temporary signs to be removed Any nonconforming sign that is temporary in nature and not permanently affixed to the ground or to a building, such as but not limited to a portable sign, a streamer or pennant, shall be removed within 30 days of becoming a nonconforming sign. Section 10.12.4 Treatment of illegal signs a. Illegal signs located within a public right-of-way or on public lands: 1. Signs located illegally within any public right of way or other public lands shall be removed immediately upon adoption of this ordinance. 2. The planning director, code enforcement director, other county employee(s) (and/or private individuals, corporations and entities, if so authorized by the Board of Commissioners) shall be authorized to remove and dispose of non-conforming signs from public rights of way and other public lands with or without notice to and at the expense of the owner, builder or other parties responsible for placement of said sign. b. Illegal signs not located within a public right-of-way or on public lands: 1. A sign that was not lawfully existing under the County’s regulations prior to adoption of this ordinance shall, within 30 days of adoption of this
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ordinance, either (a) be removed or (b) be brought into conformance with all provisions of this ordinance. 2. Failure to remove such illegal sign or bring it into conformance following 30 days notice to the owner or occupant of the property by the Code Enforcement Officer shall authorize the County to remove the sign at the expense of the owner or occupant of the property. Section 10.12.5 Removal due to road improvements If a nonconforming sign must be removed due to a county or state road improvement project, the Board of Commissioners may authorize the relocation of said sign, even though the new location may not meet the setbacks, location and/ or spacing or other provisions of this section.
Section 10.13 Administration, enforcement, penalties and remedies Section 10.13.1 Planning and Zoning Director It shall be the duty of the Madison County Planning and Zoning Director, and he or she is hereby given the authority, to administer the provisions of this ordinance and to issue sign approvals consistent with the requirements of this ordinance. Section 10.13.2 Building Inspector It shall be the duty of the Madison County Building Inspector, and he or she is hereby given the authority, to issue building permits for signs based on sign approvals issued by the Planning and Zoning Director. Section 10.13.2 Permits Required No sign or sign structure shall be erected, moved, added to or structurally altered without a Sign Approval issued by the planning director and a building permit issued by the Building Inspector as required by the provisions of this ordinance. No permit shall be issued except in conformance with the provisions of this ordinance. Section 10.13.4 Penalties for Violation Any person violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense according to law. Each day such violation continues shall constitute a separate offense.
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Section 10.13.5 Remedies If any sign or sign structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained in violation of this ordinance, the Board of Commissioners of Madison County, the Planning and Zoning Director, the Building Inspector or any adjacent or other property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to stop the violation. Section 10.13.56 Required Action In each case in this ordinance where the issuance of a sign permit, a building permit or other action by any official of Madison County, Georgia is required and a time period for such action is specified, then the failure of the official responsible for same to take such action or issue such permit shall be deemed an approval of the matter or the issuance of the permit, as the case may be. If at any place in the ordinance an action is required by any such official and no time frame is provided herein, then such timeframe shall be deemed to be 45 days and the failure to act to either approve or deny same shall be deemed an approval of the matter or the issuance of the permit, as the case may be. Section 10.14 Appeals This article is established to identify the procedure whereby any aggrieved party may appeal the decision of the planning director or any other party in the administration of this ordinance Section 10.14.1 Appeal to the Board of Commissioners Any party aggrieved because of the alleged error in any order, requirement, decision, or determination made by the planning and Zoning Director or any other party in the administration of this ordinance, may appeal in writing to the Clerk of the Board of Commissioners for an interpretation of pertinent ordinance provision. In exercising this power of interpretation, the Board of Commissioners may, in conformity with the provisions of this ordinance, reverse or affirm any order, requirement, decision, or determination made by the planning director or any other party. The Board of Commissioners shall act on any such appeal within 60 days of the time that the appeal is filed as provided above. Should it fail to act
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within such 60 day period then the appeal shall be deemed to have been concluded in favor of the appealing party. Any permit which is the subject of such appeal shall be deemed to be issued as a result of such failure of the Board of Commissioners to make a determination. 10.14.2 Appeal from the Board of Commissioners Any party aggrieved by any decision of the Board of Commissioners may seek review of such decision by a Court of Record, as provided by law. Section 10.15 Legal Status Provisions Section 10.15.1Conflict with Other Laws Whenever the regulations of this ordinance impose more restrictive standards than are required in or under any other statute or covenants, the requirements of this ordinance shall govern. Whenever the provisions of any other statute or covenants require more restrictive standards than those of this ordinance, the provisions of such statutes or covenants shall govern. Section 10.15.2 Separability Should any Article or Section of this Ordinance be declared invalid or unconstitutional by any court of Competent Jurisdiction, such declaration shall not affect the validity of the ordinance as a whole nor any part thereof that is not specifically declared to be invalid or unconstitutional. Section 10.15.3 Repeal of Conflicting Resolutions or Ordinances All Resolutions or Ordinances and parts of Resolutions or Ordinances in Conflict with this Ordinance are hereby repealed to the extent of their conflict. Section 10.15.4 Legal Form and Sufficiency This document has been approved to its legal form and sufficiency by the legal county of Madison County prior to its adoption _______________________________ Attorney
Section 10.15.5 Effective Date This ordinance will take effect and be in force the ___ day of _____________, 2006.
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Adopted and Approved by the Madison County Board of Commissioners after public hearing on ____________________________________________, 2006.
This ___ day of ____________, 2006
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Remove Section 12.3.8 and replace with the following: 12.3.8 The amount of unheated square footage.
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Remove Section 11.5.1.3 and replace with the following: Publication of Notice. At least fifteen (15) and not more than forty-five 11.5.1.3 days prior to the public hearings the Zoning Administrator shall cause notice of the hearings to be published in a newspaper of general circulation in Madison County. The notice shall state the time, place and purpose of the hearings and include the name of the applicant, tax map and parcel number and location of the property.
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Remove section 11.6.1.3 and replace with the following: 11.6.1.1 Publication of Notice. At least fifteen (15) and not more than forty-five days prior to the public hearing the Zoning Administrator shall cause a notice of the hearing to be published in a newspaper of general circulation in Madison County. The notice shall state the time, place and purpose of the hearing and include the name of the applicant, tax map and parcel number and location of the property.
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Remove Section 14.3.3 and replace with the following: Publication of Notice. At least fifteen (15) and not more than forty-five (45) days prior to the date of the public hearings, the Zoning Administrator shall cause a notice of the hearings to be published in a newspaper of general circulation in Madison County. The notice shall state the time, place and purpose of the hearings. If a zoning decision is for the rezoning of property and the rezoning is initiated by a party other than the Board of Commissioners or the Planning and Zoning Commission, then the notice, in addition to the requirements of the above paragraph, shall also include the name of the applicant for rezoning, tax map and parcel number, location of the property, present zoning classification of the property, and the proposed zoning classification.
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