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HomeMy Public PortalAboutArticle6Draft12-7-09    ARTICLE 6. SIGN REGULATIONS Sec. 6-009. Editor's note to article 6. No sign structure shall be placed or maintained within the City except in conformity with this Sign Ordinance. Violations of this Article may be punished in the same manner as other violations of the Land Development Code. The City reserves the right to take legal action to remove signs erected in violation of this Article, or to otherwise enforce the provisions of this Article. If any provisions or requirements of this ordinance are found to be in conflict with any other provision, requirement of this ordinance or any other applicable governmental law, ordinance, resolution, rule, or other governmental regulation of any kind, the more restrictive rule or standard shall take precedence. In adopting these sign regulations, it is the intent and purpose of the Mayor and City Council of the City of Tybee Island not to impose an outright ban on signs, but instead to: (A) Balance the right of the individuals to convey their messages through signs and the right of the public to be protected against the unrestricted proliferation of signs; and (B) Further the objectives of the City’s Master Plan; and (C) Protect the public health, safety, and welfare; and (D) Reduce traffic and pedestrian hazards; and (E) Maintain the historical and cultural heritage and the image of the City; and (F) Protect property values by minimizing the possible adverse effects and visual blight caused by signs; and (G) Avoid the harmful aspects of the unrestricted proliferation of signs; and (H) Promote economic development and tourism; and (I) Ensure the fair and consistent enforcement of sign regulations. Sec. 6-010. State code adopted. (A) All signs that are visible from a state highway that is part of the interstate and primary highway system must also conform with Georgia Outdoor Advertising Law (O.C.G.A. § 32-6-70 et seq.) and the rules and regulations of the state department of transportation. Where incidents of conflict between the state code and this Land Development Code exist the more stringent regulation shall apply. (B) Notwithstanding any other restrictions in this Sign Ordinance, any sign, device, or display allowed under this ordinance may contain any commercial or non-commercial message, or any political or non-political message; except where such a message depicts obscenity, as defined by O.C.G.A. § 16-12-80, nor can they depict sexual conduct or activity or sexually explicit nudity, as defined in O.C.G.A. § 36-60-3, nor advertise any activity illegal under the laws of Georgia or the United States. Sec. 6-020. Permit required.     Except as otherwise provided herein, it shall be unlawful for any person or firm to, or cause to erect, enlarge, move, convert, or replace any sign in the City of Tybee Island without first obtaining a sign permit from the Designated city department. This section shall not require a sign permit for the repair or maintenance of a conforming sign for which a permit has already been issued, so long as the sign is not modified in any way different from its original condition, including changes to the permanent copy of the sign. A permit shall be required for any new business making any changes on an existing sign. Sec. 6-030. Traffic safety. No sign as regulated by this article shall be erected or continued to be displayed at the intersection of any street or any public right-of-way in such a manner as to obstruct free and clear vision; or at any location, by reason of the position, shape, color it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words, "stop," "look," "drive-in," "danger," or any other word, phrase, symbol or character in such manner as to interfere with, mislead, or confuse traffic. Sec. 6-040. Exemptions; signs not requiring a permit. Except as otherwise provided, the following on-premise signs may be erected without securing a permit; provided that each is in accordance with the prescribed conditions and all other applicable codes and regulations. A. One professional nameplate for each establishment and each cannot exceed two (2) square feet in area. B. One separate identification sign for each establishment when affixed to a building wall or window and limited to a maximum size of two (2) square feet. The purpose of the sign is to identify the establishment’s street address, suite, or unit number, etc. C. Legal notices and official instruments. D. Flags, cumulatively subject to the following provisions: a. Limited to singular official flags of each of the following: the United States or other recognized sovereign nation, Georgia, Chatham County, City of Tybee Island, flags which depict affiliation or membership in an off-site non-profit organization (such as FDIC) and do not convey a commercial message, or any other sanctioned and approved flag by the City of Tybee Island. b. Flag poles shall not exceed 35 feet in height (total length) and flags must be flown in accordance with standard protocol. c. Government-owned parcels are exempt from total flag area limitations. d. In residential districts, flags which do not convey a commercial message and are attached to a habitable building. E. Decorative flags, banners, and bunting for City-wide celebrations, conventions, and commemorations when specifically authorized by the Community Development Director for a prescribed period of time.     F. Holiday lights and decorations. G. One “building marker” per building. H. Non-advertising directional signs or symbols (e.g., entrance, exit, caution, slow, or no trespassing) located on and pertaining to a parcel of private property not to exceed two (2) square feet in area. I. One non-illuminated real estate sign per street frontage, each containing a maximum of two sign faces back to back, and provided as follows: a. Maximum sign area (per face) shall be limited to six (6) square feet in all residential districts, and 32 square feet in all non-residential districts. b. Multiple listing strips, sale pending, and sold signs may be allowed when attached to a real estate sign and are subject to the same maximum area requirements. c. One on-premises open house or open for inspection sign, not exceeding two (2) square feet in area may be allowed in addition to the above area requirements. Similar off-premises signs for directional purposes may be allowed at street intersections on other private properties with the consent of the property owner. The sign shall be located at a minimum of five (5) feet off of the unimproved portion of the public right of way and shall not be attached or placed on any sign, utility pole, bench, rock, or any form of vegetation. They must be removed when the premises are no longer open for inspection. d. All real estate signs shall be removed when ownership or occupancy has changed and the property is no longer for sale, rent, or lease. J. Signs for temporary yard sales, garage sales, and the like, located in residential districts and subject to the following provisions. a. On-premises signs shall be limited to one per parcel and a maximum area of four (4) square feet. b. Similar off-premises signs for directional purposes, not exceeding two (2) square feet in area, may be allowed at street intersections on other private properties with the consent of the property owner. The sign shall be located at a minimum of five (5) feet off of the unimproved portion of the public right of way and shall not be attached or placed on any sign, utility pole, bench, rock, or any form of vegetation. K. One single-sided construction sign per street frontage located on property where building is actually in progress under a current building permit. This shall be a freestanding sign not to exceed ten (10) feet in height, 12 square feet in a residential district, 32 square feet in a commercial district, and shall be set back from the property lines at least five (5) feet. Such sign shall be removed before a certificate of occupancy is issued for the building or structure. L. Political signs as follows:     a. The sign shall be located at a minimum of five (5) feet off of the unimproved portion of the public right of way and shall not be attached or placed on any sign, utility pole, bench, rock, or any form of vegetation. b. Except for signs otherwise used for off-premises advertising, signs shall not exceed six (6) square feet in residential districts and 24 square feet in all non- residential districts. c. The City Marshal or designated representative shall, without notice, immediately remove or cause to be removed any and all political signs in violation of this section. The removal will be at the expense of the candidate and the owner of the property on which the sign was located. d. All political signs must also meet corresponding sign type regulations for the zoning district in which the sign is located. Freestanding political signs are not subject to any maximums that exist for on-premise signage. M. Signs incorporated on machinery and equipment at the manufacturer’s or distributor’s level, and which only identify or advertise. N. Historic signs O. Municipal and other government agency signs. P. Signs painted or otherwise attached to motor vehicles which are not conspicuously parked in proximity to a right-of-way and obviously not parked in such a way as to advertise any business or service to motorists or pedestrians. This may include signs for realtors, delivery trucks, lawn, service, etc. Q. Window signs whereas only 50% or less of the window space is used for signage. Sec. 6-050. Obsolete/abandoned signs. In the event a business does not renew its business license, the sign owner shall immediately remove any sign, identification or advertising of said business, or any product sold thereby; provided, however this requirement shall not apply where under the provisions of this article, an existing conforming sign may be altered to advertise a new business or product sold thereby, and there is evidence that a new business will be in operation on the premises within six (6) months. For instance, the sign frame may be kept in good condition if the sign face is replaced with blank white area to show that there is no business operating at that location. Sec. 6-060. Unsafe signs. Any blighted/hazardous sign (s) and/or sign structure (s) shall be removed by the property owner or sign owner no later than 30 days after written notification from the City. This applies to those single use buildings where the entire use of the building is also abandoned or vacant. This does not apply to a parcel in a joined shopping center, where other uses are still maintained, unless the sign is deemed to be a safety hazard and that the sign will be subject to the removal     requirements. If the property owner or sign owner fails to comply within 30 days after written notification, the City may cause the removal of the sign at the property or sign owner’s expense. Sec. 6-070. Prohibited signs. The following signs and advertising devices are prohibited within the City Limits: A. Signs displaying any words, characters, or illustrations of an obscene, indecent, or immoral nature as defined by the City Code of the City of Tybee Island. B. Signs which advertise or encourage an illegal activity as defined by local, state, or federal laws. C. Animated signs; including those that flash, blink, change image, or show any form of movement, excluding historic signs and those officially designated for public service. D. Signs that resemble any official traffic control device or emergency vehicle markings. E. Signs which make use of the words “stop,” “look,” “danger,” or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. F. Unshielded illuminated devices that produce glare or create a hazard or nuisance to motorists or occupants of adjacent properties. G. Signs or advertising devices attached to any vehicle or trailer parked so as to be visible from a public right-of-way for the purpose of providing advertisements of products, services, or events or directing people to a business or activity, except for a common carrier or other vehicle which is used for daily transportation of merchandise with a valid license plate. Any allowable vehicle or common carrier having a sign attached thereto as a part of the operational structure, such as a company logo or branding image, of the vehicle is to be parked in a legal parking space belonging to the business or on the property to which the sign makes reference. No signs on trailers or other non-motorized vehicles will be allowed under this subsection other than those vehicles used specifically for a service business (landscaping, construction, delivery, etc.), which does not include an advertising business. H. Snipe signs, which are off-premise signs that are tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or to other objects. I. Temporary signs, excluding real estate and political campaign signs. J. Roof signs or any non-freestanding sign which extends above the roof line of a building. K. Signs which emit visible smoke, vapor, particles, or odor.     L. Signs with lighting or control mechanisms which cause radio, television, or other communications interference. M. Motion picture mechanisms used in such a manner as to permit or allow images to be visible from a public right-of-way or sidewalk. N. Signs located on benches or other forms of street furniture. O. Handbills. Sec. 6-080. Design standards. (A) Illumination . All signs not for residential purposes must be illuminated from an internal source as to prevent harmful lighting to residents, motorists, and wildlife. All electrically wired signs shall require an inspection upon installation and will be monitored periodically by the City and are subject to the requirements of the adopted building codes of the City. (B) Wind pressure . Signs shall be compliant with the International Building Code. (C) Area and height size computations . The following principles shall control the computation of sign area and sign height for sign restrictions in all zoning districts. (1) Computation of area of individual signs . The area of a sign face, of which normal length times width (l x h) will be used for calculating the total area of the sign will be calculated to determine total sign area. This does not include any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets these or other ordinances or regulations and is clearly incidental to the display itself. (2) Computation of area of multi-faced signs . The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. (3) Computation of height . The height of the sign shall be computed as the distance from the base of the sign at average adjacent grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive on any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower. (D) Residential signs . For all residential uses, only the following signs are hereby allowed. (1) All signs exempted from this article as described in section 6-040. (2) Permanent subdivision signs at residential subdivision entrances: a. Shall not exceed 24 square feet in area. b. Shall not exceed one sign per roadway entrance to the subdivision. c. Shall be limited to the name of the subdivision address and developer name or logo. d. May be externally illuminated with a maximum of one (1) light. e. Must be shown on preliminary plat during subdivision review.     (E) Commercial signs . For all commercial uses, only the following signs are hereby permitted. (1) Wall signs . a. Number . There shall be not more than one wall sign for each principal building except where the building abuts two or more streets, one wall sign oriented to each abutting street shall be permitted. b. Area . The gross surface of a wall sign shall not exceed ten percent of the area of the building wall, including doors and windows, to which the sign is to be affixed or 200 square feet, whichever is smaller. c. Height . A wall sign shall not project higher than the wall to which the sign is to be affixed or 20 feet, as measured from the base of the building wall to which the sign is to be affixed, whichever is lower. d. Special conditions . Where a principal building is devoted to two or more permitted uses, the operator of each such use may install a wall sign upon his/her proportionate share of the building wall to which the sign is to be affixed. The maximum gross surface area of each such wall sign shall be determined by calculating the proportionate share of the area of the building wall, including doors and windows, to which the sign is to be affixed and applying such proportion to the total permitted wall sign aggregate gross surface area for the building. (2) Freestanding signs . a. Number . There shall not be more than one freestanding sign for each principal building. b. More than one principal use. In the event that there is more than one principal use, the sum total for each sign shall not exceed the maximum size allowed per building. TABLE INSET: Class Street Speed Limit (mph) Maximum Frontage (feet) Maximum Size Area (square feet) Maximum Height (feet) I 0--20 50 10 12 II 20--35 80--150 20 12 III 20--35 150+ 50 20 IV 36--54 150 60 25 V 55 150 60 25 (3) Projecting signs. a. Number. For all principal uses occupying 125 or less linear feet of street frontage, "projecting" signs shall be permitted one square foot of display area per sign face per linear foot of frontage occupied by each principal use; up to a maximum sign area of 45 square feet per sign face for each projecting principal use sign allowed. For all principal uses with building frontage exceeding 125 linear feet, one additional foot of sign area shall be allowed for each additional foot of building frontage occupied over 125 feet; provided, such sign shall not exceed 100 square feet in area. b. Projection. The outer edge of a projecting sign shall not extend more than six feet from the building to which it is attached.     c. Height. The height of a projecting sign shall not be higher than wall of the building to which it is attached, and the lowest point of the projecting sign shall not be less than ten feet above the established grade. (4) Roof mounted sign. Roof mounted signs shall not extend above the peak of the roof or four feet above a flat roof. (5) Service island identification signs. Service island identification signs indicating the type of service offered, the price of gasoline, and other relevant information or direction to persons using the facility but containing no advertising material of any kind shall be subject to the following: a. Type. Service island identification signs may be either wall or freestanding signs. b. Number. There shall not be more than one service island identification sign for each service or pump island located on the premises. c. Area. The sign area of a service island identification sign shall not exceed 12 square feet. d. Height. A service island identification sign shall not project higher than 15 feet. (6) Directory sign. A directory sign may be used for places with more than one business. a. Number. One sign shall be permitted for shopping center or office complex. No other freestanding sign shall be permitted. b. Size. The sign shall be permitted one-half square foot of sign area for each foot of lot frontage provided such sign shall not exceed 150 square feet or 12 square feet per use, whichever is greater. (F) Signs on vacant property in commercial zoning districts . Lots in commercial zoning districts with no primary structure may have only one sign that complies with the following: (1) The sign shall not exceed an area of 100 square feet. (2) The sign shall not be located as to obstruct the visual display of any existing principal use sign. (3) The sign shall setback from the street right-of-way line a distance of at least 15 feet. (4) The sign shall not exceed 25 feet in height. (5) The sign must comply with the Coastal Marshlands Protection Act of 1970, O.C.G.A. § 12- 5-288(b)(4) which restricts the construction of structures in the marsh and the obstruction of the marsh view by signage. (6) The sign with a back exposed to view in whole or in part shall have the back of such sign covered, screened, or painted to blend in with the surrounding area. (7) There shall be a site plan submittal required for this type of sign and a permit obtained prior to installation. (G) Signs in neighborhood marina districts (NM) . Only one principal use sign shall be visible from the adjacent public street. That sign shall not exceed a maximum size of 32 square feet in area nor eight feet in any outer dimension. Any sign if illuminated shall be internally lit, non- flashing, and containing no neon illumination. The maximum height of the sign shall not exceed 15 feet above the average ground elevation of the base of the sign or from the structure foundation to which it is attached. No sign shall be located closer than five feet to the property line or street right-of-way. (H) Signs in parks-conservation districts . There is no limit to the number or design of signs in this district. However, before a permanent sign is placed on a lot or parcel in this district, the applicant shall appear before mayor and council at a regularly scheduled meeting. The City shall identify an area located near the intersection of Highway 80 and Old Highway 80 and between the Library and Fifth Street in Memorial Park along Butler Avenue where banners advertising special events may be located upon application to the zoning administrator. These banners shall     not exceed 32 square feet and cannot be erected earlier than 15 days before an event and must be removed within two days of completion of the event. Permits will be issued on a first come, first served basis. (I) Signs in environmental-conservation districts (EC) . All signs in any size, shape or form are strictly prohibited in the environmental-conservation districts. ( J) Banners. A banner may be allowed on a temporary basis for a maximum of 90 days per calendar year upon obtaining a special banner permit. A permit shall be for a 30 day period. An applicant, at the time of making an application, shall select one of the following options per calendar year: A. Banner displayed 30 days; banner removed 60 days. B. Banner displayed 30 days; banner removed 30 days. C. Banner displayed concurrently, without removal, not exceeding 90 consecutive days. A special banner permit of $15 must be obtained from the designated city department each 30-day period with no more than three (3) permits allowed per location during any calendar year. All banners under any of the above stated options must comply with the following limitations: (1) Each business location shall be limited to three (3) permits per calendar year and banner display shall not exceed the total of 90 days in one calendar year. (2) Banners must be physically attached to a building or some other permanent structure which requires a building permit for construction excluding a freestanding sign. (3) With a special banner permit, banners will be allowed over and above the wall signage maximum of the business; banner area shall not cumulatively exceed 32 square feet. (4) Said banner shall be professionally printed. Sec. 6-090. Nonconforming signs. (A) General. Any sign which by its height, area, and location does not conform to the requirements of this article shall be termed nonconforming. (B) Alterations to nonconforming signs. No nonconforming sign shall be structurally altered or moved, unless brought into conformity with the requirements of this article, except that such signs may have normal maintenance including repainting or changes in copy. (C) Continuation and removal. All nonconforming signs that were properly permitted and existing before the effective date of the ordinance from which this section is derived may continue in use in accordance with the other provisions of this article. (D) Damage. Any legal non-conforming sign may be repaired or restored to its original condition subject to the conditions that repairs do not exceed 50 percent of its total value and that repairs do not alter the original permanent copy. Sec. 6-100. Relief from sign design requirements. A sign may be granted relief from the strict application of the design standards for height and area by adhering to the following requirements: (A) Sign height . The maximum sign height may be increased by one foot for every two feet that the entire sign is placed back from all property lines including side and rear lines, not to exceed a maximum of 25’ in height, not including flagpoles which are subject to the standards of Section 6-040 (D) and are allowed to a maximum height of 35 feet.     (B) Sign area . The maximum sign area may be increased by two square feet for every one foot that the entire sign is placed back from all property lines including side and rear lines. This does not apply to wall or roof mounted signs, not to exceed a maximum of 100 square feet. Sec. 6-110. Other permissible signs. Notwithstanding any other provision herein to the contrary, any sign or signs which meet requirements as to design standards, size, illumination, and location for the premises where a sign is sought to be permitted, shall be allowable for the purpose of displaying a message. Sec. 6-115. Maritime district. The following signs are not allowed in the maritime district under the provisions of this article: (1) Flashing and/or animated signs; (2) Signs erected on or located on any street, or public right-of-way, curb, curb stone, hydrant, lamppost, trees, barricade, temporary walk, utility pole, or public fence; (3) Signs with revolving or rotating beams of light; and (4) Handbills. Commercial signs: see sign regulations for wall signs, freestanding signs, projecting signs, roof mounted signs, directory signs and temporary signs. Sec. 6-120. Enforcement Violations of this sign ordinance shall be treated as a direct violation of the City of Tybee Island Land Development Code. Any sign found to be violation of this ordinance shall be subject to the applicable enforceable actions of Section 5-160 Enforcement of this Land Development Code by the City Marshal and in conjunction with the Zoning Administrator. Sec. 6-130. Severability and conflict. If any section, subsection, clause or provision of this article shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, subsection, clause, provision or portion of this article which is not invalid or unconstitutional. Where the provisions of this article are in conflict with other ordinances, the most restrictive provision shall be enforced. The enactment of this severability and conflict clause in this article shall not be construed as expressing an intent that the severability and conflict clause contained in the overall land use plan, section 1-050, should not be applicable to this and all other articles. The purpose of the inclusion of this particular severability clause is to emphasize the intention of the mayor and council that in the event any particular provision of this article is held to be invalid, then all other provisions of this article to the fullest extent possible, remain valid and enforceable.