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Dekalb County Signage Guidelines (3/2001)

SIGN ORDINANCE

Section 1— Purpose and Findings.

The Board of Commissioners finds that signs provide an important medium through which persons may convey a variety of noncommercial and commercial messages. However, left completely unregulated, signs can become a threat to public safety as a traffic hazard and a detriment to property values and to the County’s general public welfare, as well as create an aesthetic nuisance.

By enacting this ordinance, the Board of Commissioners intends to:

(a) Balance the rights of persons to convey their messages through signs and the right of the public to be protected against the unrestricted proliferation of signs;

((b) Protect the public health, safety, and welfare of the citizens and others within the County;

(c) Reduce traffic and pedestrian and other hazards;

(d) Promote and maintain the aesthetic qualities of the County;

(e) Protect property values by minimizing the possible adverse effects and visual

blight caused by signs;

(f) Promote economic development;

(g) Ensure the fair and consistent enforcement of sign regulations; and

(h) Promote the stated purposes of the DeKalb County Zoning Ordinance, as amended, which are expressly incorporated herein.

(i) Promote the stated purposes of the Standard Building Code, as adopted and modified by DeKalb County, which are expressly incorporated herein.

Section 2- Definitions

For the purposes of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future, the singular number shall include the plural, and the plural the singular, the word "shall" is mandatory and not directory, the word "person" includes a firm, organization, partnership, trust and corporation, and the word "County" shall mean DeKalb County, Georgia.

terms shall have the meaning ascribed to them:

"Aggregate sign area" shall mean the area of all signs on a parcel, excluding the area of one face of all double-faced signs. Non commercial flags and banners are excluded from any determination of aggregate sign area.

*"Animated sign" shall mean a sign which uses movement or a change of lighting to depict action or to create a special effect or scene.

"Area of a sign/Sign area" shall mean the smallest square, rectangle, triangle, circle, or combination thereof, which encompasses the entire sign, inclusive of any border and trim, but excluding the base, apron, supports, and other structural members.

"Banner" shall mean a piece of fabric or similar material which is permanently attached to a pole, enclosed in a frame, or mounted to allow movement caused by the atmosphere.

"Billboard sign" shall mean a stanchion sign with a sign area not to exceed 700 square feet.

"Business Day" shall mean any day during which DeKalb County Government offices are open for public business. For purposes of this ordinance, a "business day" shall not any include any day during which DeKalb County Government offices are closed after a partial business day due to a holiday, emergency, inclement weather, or the like.

*"Canopy sign" shall mean a sign affixed to, superimposed upon, or painted on any roof or roof-like structure which is extended over a sidewalk, walkway, or vehicle access area.

"Changeable copy sign" shall mean an integral part of a sign not covering more than 65% of the total sign area and design so as to readily allow the changing of its message by removable letters, panels, posters, etc.

"County" shall mean DeKalb County, Georgia.

"Director" shall mean the Public Works Director, who may act through designee(s).

"Double-faced sign" shall mean a sign which has two (2) display areas placed back to back against each other or where the interior angle formed by the display areas is sixty (60) degrees or less, where one is designed to be seen from one direction and the other face from another direction.

__________

* Included in the present version of Article 21 of the DeKalb County Code

*"Electronic Sign" shall mean a sign whose message may be changed at intervals by electronic process or by remote control, including the device known as a commercial electronic variable message sign.

"Entrance sign" shall mean any ground sign placed at the intersection of a public street and a private entrance into an apartment, office, condominium, or industrial complex or some other building with multiple residential or commercial units. Entrance signs shall not exceed 32 square feet.

"Flag" shall mean a piece of fabric or other flexible material solely containing distinctive colors, patterns, standards, words or emblems used as the symbol of an organization or entity and shall be governed by Section 30 herein.

*"Freestanding sign" shall mean a sign securely affixed to a substantial support structure which is permanently attached to the ground and wholly independent of any building for support.

"Ground sign" shall mean any sign supported by uprights or braces or resting upon a foundation in the ground that is not supported or suspended from any building.

*"Illuminated sign" shall mean a sign that has light cast upon the sign from a source either internal to the sign or from an external light source directed primarily toward such sign. (Present Ch. 21 definition is substantially similar).

*"Instructional sign" shall mean a sign used to give direction or specific instruction to the public, such as, but not limited to, "enter," "exit," "no parking," "drive through," ‘rest room" and so forth.

*"Marketing sign" shall mean a sign which has as its purpose to promote, advertise or sell a product or service obtainable on the premises where the sign is located, and not to identify the premises.

*"Non-conforming sign" shall mean any sign which does not conform to the provisions of this Chapter. (Present Ch. 21 definition is substantially similar).

"Parcel" shall mean a separate tax unit of real property on County real estate records. The term "lot" is synonymous with "parcel."

"Portable sign" shall mean any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support constructed without wheels is converted to an "A" or "T" frame sign or attached temporarily or permanently to the ground.

*"Principal Identification sign" shall mean a permanent sign which has, as its purpose, to identify the business premises or principal product or service obtainable on the premises where the sign is located.

*"Roof sign" shall mean a sign attached to or supported by the roof of a building which extends above the immediately adjacent roof line of the building. (Present Ch. 21 definition is similar).

"Sign" shall mean a device, structure or representation for visual communication which is used for the purpose of bringing the subject thereof to the attention of others. Flags and banners shall be included within this definition only as provided elsewhere herein.1

"Stanchion sign" shall mean a freestanding sign mounted on one or more steel poles set in the ground and of sufficient strength and size to support the advertisement portion of such structure which rests upon or is supported by such poles.

"Subdivision sign" shall mean any freestanding or ground sign placed at the intersection of two roads, at least one (1) of which is a public road, with the other road being the main thoroughfare into and out of a commercial or residential subdivision. Subdivision signs may not exceed 100 square feet.2

"Wall sign" shall mean a sign fastened, placed or pained upon or parallel to the exterior wall of the structure itself, whether front, rear or side of the structure.

"Window sign" shall mean a sign installed flush with or on a window and intended to be viewed from the outside.

Section 3 - Permits

(a) Except as specifically excluded from the provisions of this ordinance, it shall be unlawful for any person to post, display, substantially change, or erect a sign in the unincorporated County without first having obtained a sign permit or any other permit required by this ordinance or other ordinances of DeKalb County.

(b) Existing signs which conform to the provisions of this ordinance that would be required to obtain a permit under the regulations of this ordinance must register with the Director within 90 days of the effective date of this ordinance if such signs do not have a valid permit pursuant to a previous ordinance. The information provided for registration will be the same information required in a permit application under Section 4. No permit fee will be required for the registration of existing signs.

1 The present Ch. 21 definition of "sign" includes certain items affixed to vehicles.

2 The present Ch. 21 definition of "subdivision sign" allows such signs to be roof or wall signs and provides for a 100 square foot limitation.

Section 4- Application Information

Applications for sign permits required by this ordinance shall be filed by the sign owner or the owner’s agent with the Director or his/her designee. The application shall describe and set forth the following:

(a) The street address of the property upon which sign is to be located and a plat map of the property which bears an indication of the proposed location of the sign.

(b) The aggregate area for all signs on the parcel.

(c) The name(s) and address(es) of the owner(s) of the real property upon which the subject sign is to be located.

(d) Consent of the owner, or the owner’s agent, granting permission for the placement or maintenance of the sign.

(e) Name, address, phone number and occupational tax certificate number of the sign contractor.

(f) The type of sign to be erected, the area of the sign, the height of the sign, the shape of the sign, and an explanation of how the sign is to be mounted or erected.

(g) The distance of the sign from the closet adjacent sign in either direction.

(h) The size of the parcel on which the sign is to be placed.

(i) The Director shall develop such forms as may be necessary to facilitate the permit application process.

(j) The applicant shall apply for all other permits or licenses required by County ordinances and state laws and regulations. No sign permit shall be valid unless other required permits or licenses have been issued by the authority responsible therefor.

Section 5- Time for Consideration

The Director shall process all sign permit applications within 45 business days of the Director’s actual receipt of a completed application and a sign permit fee. The Director shall give notice to the applicant of his/her decision by hand delivery or by mailing a notice, by Certified Mail, Return Receipt Requested, to the address on the permit application on or before the 45 th business day after the Director’s receipt of the completed application. If mailed, notice shall be deemed to have been given upon the date of mailing in conformity with this section. If the Director fails to act within the 30 day period, the permit shall be deemed to have been granted.

Section 6— Denial and Revocation

(a) Procedure

The Director shall deny permits to applicants that submit applications for signs that do not comply with the provisions of this ordinance, incomplete applications, and applications containing any false material statements. Violation of any provision of this ordinance and any other applicable state laws or county ordinances will be grounds for terminating a permit granted by the County for the erection of a sign. Should it be determined that a sign permit was issued pursuant to an incomplete application or an application containing a false material statement, or that a permit has been erroneously issued in violation of this ordinance, the Director shall revoke the permit. Should the Director deny a permit, the reasons for the denial are to be stated in writing and mailed by Certified Mail, Return Receipt Requested, to the address on the permit application on or before the 45 th business day after the Director’s receipt of the application. Any application denied and later resubmitted shall be deemed to have been submitted on the date of resubmission, instead of the date of the original submission. No permit shall be denied or revoked, except for due cause as hereinafter defined. "Due cause" is the violation of the provisions of this ordinance, other applicable ordinances, state or federal law, or the submission of an incomplete application or an application containing false material statements.

(b)*Appeal

A person whose permit application has been denied or a permittee whose permit has been revoked may appeal the decision of the Director to the Zoning Board of Appeals as provided in Chapter 27 (Zoning).

(c)*Certiorari

In the event a person whose permit has been denied or revoked is dissatisfied with the decision of the Zoning Board of Appeals, he/she/it may petition for writ of certiorari to the Superior Court of DeKalb County as provided by law.

Section 7 - Permit Expiration.

A sign permit shall become null and void if the sign for which the permit was issued has not been completed and installed within six (6) months after the date of issuance. No refunds will be made for permit fees paid for permits that expired due to failure to erect a permitted sign. If later an individual desires to erect a sign at the same location, a new application must be processed and another fee paid in accordance with the fee schedule applicable at such time.

Section 8— Variances

Where a literal application of the terms of this ordinance, due to special circumstances, would result in an unusual hardship in an individual case, a variance may be granted pursuant to procedures set forth in Chapter 27 (Zoning) where all the following conditions exist:

(a) Exceptional conditions pertaining to the property where the sign is to be located as a result of its size, shape, or topography, which are not applicable to other lands or structures in the area.

(b) The applicant would be deprived of rights that are commonly enjoyed by others similarly situated.

(c) Granting the variance would not confer on the applicant any significant privileges which are denied to others similarly situated.

(d) The exceptional circumstances are not the result of action by the applicant.

(e) the requested variance is the minimum variance necessary to allow the applicant to enjoy the rights commonly enjoyed by others similarly situated.

(f) Granting of the variance would not violate more than one standard of this ordinance.

(g) Granting the variance would not result in allowing a sign that interferes with road or highway visibility or obstruct or otherwise interfere with the safe and orderly movement of traffic.

(h) This section supersedes Section 27-915(d) of the DeKalb County Code of Ordinances (Zoning).

Section 9— Exemptions.

(a) Signs erected by a public officer in the performance of his/her duties, including but not limited to: public notices, safety signs, danger signs, traffic and street signs, memorial plaques, and historical markers shall be exempt from the provisions of this ordinance.

(b) The following types of signs shall be exempt from the permit requirements of Section 3.

(1) Window signs installed for purposes of viewing from outside the premises.

However, such signs shall not exceed thirty (30) percent of the available window space.

(2) Non-illuminated signs having an aggregate sign area of fifteen (15) square feet or less.

(3) Signs for the sole purpose of displaying street numbers as may be required by other ordinances and other signs required by law.

(4) Non-commercial flags and banners as provided in Sections 30 and 31.

Section 10- Fees

The cost of a sign permit shall be established by resolution.

Section 11- Prohibited Signs

The following types of signs are prohibited throughout the unincorporated County:

(a) *Signs on public rights of way other than publically owned or maintained signs;

(b) Window signs which exceed 30% of the window area;

(c) Signs which contain words, pictures, or statements which are obscene, as defined by the Official Code of Georgia Annotated § 16-12-80.

(d) *Signs which simulate an official traffic control device, warning sign, or regulatory sign or which hide from view any traffic control device, signal or public service sign.

(e) *Signs which emit or utilize in any manner any sound capable of being detected on any traveled road or highway by a person with normal hearing abilities.

(f) *Signs which interfere with road or highway visibility or obstruct or otherwise interfere with the safe and orderly movement of traffic or which otherwise pose a hazard to traffic due to structural deficiencies in the structure of such signs.

(g) *Signs erected by nailing, fastening or affixing the sign in any manner to any tree, post, curb, utility pole, natural feature, or other structure except as may be set forth herein.

(h) Signs which advertise any activity, service, or product prohibited by the laws or regulations of the United States or the State of Georgia or by the ordinances or resolutions of the County. This section shall not prohibit signs promoting the legalization of any matter presently prohibited by federal, state, or local law.

(i) Animated signs (except for time and weather informational signs, official warning and regulatory signs)

(j) *Signs which obstruct any fire escape, any means of egress or ventilation or shall prevent free passage from one part of a roof to any other part thereof, as well as signs attached to any fire escape.

(k) Signs which do not conform to County building and electrical codes.

(l) *Signs for which a permit is required that do not display the sign permit number and the

name and address of the person responsible for erecting and maintaining the sign.

(m) Roof signs

Section 12- Owner’s Consent Required

No sign may be posted on property without the consent of the property’s owner or authorized agent. Should it be determined that a sign was erected on a parcel pursuant to an alleged agent’s incorrect representation that the record owner of the parcel in fact gave permission for the erection of a sign, the permit for such sign shall be revoked as provided in Section 6 herein.

Section 13— Restrictions in Residential Zoning Districts

Parcels located in single family residential zoning districts and R-DT, T-D, RA5, RA8, RCH and RM (where subdivided) zoning districts, shall not have an aggregate sign area greater than ten (10) square feet, subject to exemptions contained elsewhere herein. Freestanding signs having a height of greater than four (4) feet above the grade level of the adjacent street to which the parcel on which the sign is located or three (3) feet above ground level, whichever is greater, shall not be located in any residential zoning district. However, Subdivision and entrance signs, as defined elsewhere herein, shall not be included in the calculation of aggregate sign area in any residential district. There shall be only two (2) subdivision or entrance signs per entrance into any residential subdivision or residential real estate development. In apartment, condominium, mobile home, or townhouse developments, the aggregate sign area may not exceed four (4) square feet per unit. No sign in any residentially zoned district may be illuminated, except for subdivision and entrance signs, subject to the provisions of Section 24 hereof. All freestanding signs in residential districts shall be set back 2/3 of the distance between the adjacent curbline of a roadway and the front line of the primary structure on the parcel on which the sign is located or off the right of way, whichever is less. No single sign in a residential zoning district governed by this Section, except for subdivision and entrance signs, may exceed_______ square feet in size. Any commercial message on a sign located on any parcel in any residential district must be related to the physical premises. Such a message may be deemed related to the physical premises if it indicates the provider of services to or regarding the premises.

Section 14- Height Requirements

(a) *The height of all freestanding and ground signs at their highest point above the level of the ground shall not exceed twenty-five (25) feet in non-residentially zoned districts and shall be governed by § 11 in residentially zoned districts. However, a sign located adjacent to or within 100 feet of a federal interstate highway may be 50 feet at its highest point; however, when the ground level is lower than the level of the adjoining street pavement, then a sign may be raised so as to be no more than 25 feet above the level of the pavement. The level of the ground shall not be altered in such a way to provide additional sign height. (Taken from current §21-65).

(b) *The height of all wall and canopy signs at their highest point above ground level shall be as provided in Sections 17 and 19 of this Article.

(c) *No sign or sign structure above a height of three (3) feet shall be maintained within fifteen (15) feet of the intersection of the right-of-way lines extended of two (2) streets, or of a street intersection with a railroad right-of-way. However, a sign support structure not more than ten (10) inches in diameter may be located within the required corner visibility area if all other requirements of this chapter are met and the lowest elevation of the sign surface is at least twelve (12) feet above the ground level.

Section 15— Maximum Aggregate Sign Area— Non-Residential Districts (Alternate)

Reserved.

Section 15(a)-- Provisions for Nonresidential Districts (Present law)*

The following signs are permitted in all nonresidential zoning districts.

(1) Principal Identification Signs.*

a. One freestanding principal identification sign limited to seventy-five (75) square feet or two (2) square feet per linear foot of lot frontage, whichever is greater to a maximum of five hundred (500) square feet, for each street frontage is allowed.

b. Four (4) principal identification wall signs, each of which is limited to seventy-five (75) square feet, or one (1) square foot per linear foot of the wall on which this sign is erected, whichever is greater, are allowed.

c. Where no more than three (3) principal identification wall signs are erected, on (1) principal identification roof sign may be erected. Such sign shall be limited to seventy-five (75) square feet, or two (2) square feet per linear foot of building frontage, whichever is greater.

(2) Marketing Signs*

a. One (1) freestanding marketing sign of a maximum of fifty (50) square feet is allowed.

b. One (1) wall or canopy marketing sign with a maximum of seventy-five (75) square feet or two (2) square feet per linear foot of building frontage, whichever is greater, is allowed.

c. Marketing signs are allowed on all window space.

d. Marketing signs are allowed on a freestanding principal identification sign structure, provided the combined size of the principal identification sign and the marketing signs do not exceed seventy-five (75) square feet or two (2) square feet per linear foot or lot frontage, whichever is greater, for each street frontage.

(3) Instructional Signs*

Instructional signs, including thereon an advertising trademark, logo or emblem identification, and used to give direction or specific instruction to the public may be located adjacent to but not within the right-of-way line, and must not exceed six (6) square feet in area or three (3) feet in height above the ground if freestanding.

(4) Planned Center*

A planned center, as defined in Chapter 27 (Zoning), is permitted to identify the center or business or products provided therein with a freestanding identification sign of not more than one hundred (100) square feet or two (2) square feet per linear foot of lot frontage, whichever is greater, on each street frontage. When computation is based on lot frontage, the sign shall not exceed one thousand (1,000) square feet. Individual businesses within the planned center shall not be authorized an individual freestanding principal identification, marketing or instructional sign or roof sign, but are allowed to maintain the other principal identification signs, marketing signs and instructional signs permitted to a business on an individual lot.

(5) Other Signage (new)

In addition to the signs authorized by (1) - (4) above, each nonresidential parcel may contain additional signage having an aggregate sign area of not greater than ten (10) feet. Freestanding signs in this category may not exceed five (5) feet above the grade level of the roadway adjacent to the parcel or three (3) feet above grade level, whichever is greater.

(6) Location requirements*

Any portion of a freestanding sign on a nonresidential parcel (billboards excepted) may be located within fifty (50) feet of the centerline of a major thoroughfare, forty (40) feet of the centerline of a minor thoroughfare or thirty (30) feet of the centerline of any other street as defined by the thoroughfare plan of the county at the time of application, or if no permit is required, at the time of erection. These signs shall otherwise be confined to the buildable area of the lot.

(7) Any sign provided for in any zoning district may contain noncommercial messages.

(New)

Section 16— Billboards*

This division is supplemental to all other provisions of this chapter and applies to billboards.

(a) Zoning districts where allowed.

Billboards are permitted on properties that are adjacent to a route permanently designated and maintained by the Georgia Department of Transportation as a state or federal highway designated and, in C-1, C-2, M, and M-2 zoning districts; and in addition, billboards signs are permitted on properties adjacent to all other streets in C-2, M, and M-2 zoning districts, provided the property abutting the street is zoned C-2, M, or M-2 for at least one thousand (1,000) continuous feet along both sides of this street or one thousand seven hundred fifty (1,750) continuous feet along one (1) side of such street. No billboards shall be allowed in a "planned center" as defined in Chapter 27 (zoning) regardless of the zoning district.

(b) Location and Spacing

(1) No billboards shall be placed within five hundred (500) feet of a residence, church, school, park or cemetery, any historic district boundary, any historic property, or within 500 feet of the Arabia Mountain Natural Resources Overlay District. (See Zoning Ordinance, §27-31 for definition of "historic.").

(2) No billboards shall be located within one thousand (1,000) feet of another billboard on either side of the street as measured along the right-of way of the street or streets on which these signs are located, and provided further that no billboards may be located closer than three hundred (300) feet to another billboard in any direction.

(3) Billboards shall be erected only in the buildable area of the lot; provided, however, that no such sign shall be located nearer than 75 feet of an interstate highway right-of-way. Any billboard with any sign face visible from an interstate highway shall also not be any further than 100 feet from said interstate highway. No tree shall be cut, trimmed, or pruned in locating, erecting or maintaining any billboards.

(c) No billboards shall exceed seven hundred (700) square feet or fourteen (14) feet in height or fifty-two (52) feet in length inclusive of any border and trim, but excluding the base, apron, supports and other structural members; however, additional size and dimensional allowance for extensions or protrusions from the basic geometric shape of a sign may be permitted up to a maximum of fifty (50) percent of the basic sign area.

(d) No billboards shall contain more than two (2) faces, not to exceed seven hundred (700) square feet collectively, exclusive of the allowance permitted for extensions and protrusions, visible from the same direction on the main traveled street or road. Double-faced and back-to-back constructed signs shall, for the purpose of determining compliance with size and spacing limitations, be considered as one (1) sign.

(e) No billboards shall be allowed in the Arabia Mountain Natural Resources Protection Overlay District, as defined in Chapter 27 (zoning) or within any duly designated historic district.

(b) Billboards shall require a building permit and an electrical permit to the extent applicable.

Section 17— Wall or Projecting Signs*

Wall or projecting signs shall be securely fastened to the building surface. These signs may project from the building three (3) feet; provided that if they project more than four (4) inches from the building surface, they shall maintain a clear height of eight (8) feet above the ground level when erected over pedestrian walkways or driveways but fourteen (14) feet over areas of truck service access. All wall and projecting signs shall not extend above the parapet wall.

Section 18— Roof Signs*

Reserved

Section 19— Canopy Signs*

Canopy signs shall be no less than eight (8) feet above the ground when erected over pedestrian walkways and fourteen (14) feet above areas of vehicle service access at the lowest extremity of the sign. Canopy signs shall be otherwise regulated as provided for wall signs.

Section 20— Portable signs*

Portable signs shall only be erected and maintained in accordance with the following requirements:

(1) All such signs shall be spaced a minimum of three hundred (300) feet from any other portable signs on or off site.

(2) All such signs shall be set back behind any street right-of-way line and a minimum of twenty (20) feet to any road paving or curb.

(3) The maximum allowable area shall be fifty (50) square feet.

square inch.
(5) The sign owner’s name and address must be posted on the sign.

(6) Portable signs shall be allowed only in C-1, C-2, M, and M-2 zoning districts.

Section 21- Special event signs*

Any person is allowed special event signs for a special use or event, such as, but not limited to, grand openings, seasonal sales, liquidations, going-out-of business sales, fire sales, display of a noncommercial message, and giveaway or free promotions, only under the following conditions and subject to the following requirements:

(1) Prior to the special event or use, and the erection and placement of the sign or device, an application for permit shall be filed with the Director.

(2) The signs and devices shall be constructed of, or shall be described as, poster board, banners, metal, wood, pennants, flags, balloons, twirlers, streamers, portable displays and air- or gas-filled figures.

(3) The maximum size allowance for all the devices and signs shall not exceed two hundred (200) square feet and shall not count when determining the maximum aggregate sign area for any parcel.

(4) The signs may be attached to the exterior wall or walls of a building, beneath a canopy and shall not be placed, located or connected nearer than fifty (50) feet from the center of the street or roadway, or twenty (20) feet from the curb or edge of the pavement, whichever is further from the center of the street or roadway.

(5) The maximum number of special event sign permits to be issued to a single business location or parcel shall be two (2) per year for a period of time not to exceed sixteen (16) days for each issuance.

Section 22- Electronic signs*

(a) Electronic signs shall be allowed only in C-1, C-2, M and M-2 zoning districts.

(b) No message may be displayed for less than one second.

(c) No message may be repeated at intervals of less than two (2) seconds.

(d) No segmented message may last longer than ten (10) seconds.

(e) No traveling message may travel at a rate slower than sixteen 916) light columns persecond or faster than thirty-two (32) light columns per second.

(f) Rotating signs shall rotate at a rate of not more than ten (10) revolutions per minute.

Section 23— Nonconforming signs

(a) Nonconforming signs, which met all legal requirements when erected, may stay in place, provided that within 90 days of the effective date of this ordinance the owner of the nonconforming sign or his designee registers the sign with the Director. Such registration shall contain the information listed in Section 3(a) and shall specify the sign being registered as nonconforming and shall state that the sign was completely installed before the effective date of this ordinance. The payment of a fee is not required for the registration of a nonconforming sign. If any such nonconforming sign has a valid permit issued pursuant to a previous ordinance, registration pursuant to this subsection is not required.

(b) No structural repairs, or changes in shape, size or design, shall be permitted except to make a nonconforming sign comply with all requirements of this ordinance or to render the sign structurally sound. Routine maintenance and changing of copy shall be permitted as long as such maintenance or changing of copy does not result in or change the shape, size, or design.

(c) A nonconforming sign structure may not be replaced by another nonconforming sign structure, except when the original structure has been damaged or destroyed by nature or an act of God.3

Section 24— Illumination*

No sign shall give off light which glares, blinds or has any other such adverse effect on traffic or adjacent properties. The light from an illuminated sign shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways. No illuminated sign shall be constructed or maintained within seventy-five (75) feet of any single-family parcel property line.

Section 25— Enforcement and Penalties

(a) All signs shall be maintained in good condition as to present a neat and orderly appearance. The Director may, after due notice, issue a citation to any permittee for any sign which shows gross neglect or becomes dilapidated. Such due notice shall be in writing, shall specify the sign and location, and shall state that the sign has not been properly maintained and the reasons therefor. The Director shall give the permittee ten (10) days to rectify the condition or remove the dilapidated sign before issuing a citation.

(b) The Director or his/her designee may issue a citation for violation of this ordinance by any sign erected, altered, converted, or used in violation of this ordinance or in violation of any other applicable ordinance, including, but not limited to the Building and Electrical Codes.

(c) The Director and/or his/her designee shall have the same duties, authority, and obligations regarding access to private property, inspections, including the procurement of inspection warrants provided in Article VI of Chapter 27 of the DeKalb County Code of Ordinances (Zoning).

(d) Any person violating any provision of this ordinance shall be guilty of an offense and upon conviction, shall be subject to the general penalty provided in Section 1-10 of the

DeKalb County Code.

(e) The Director or his/her designee may remove any sign or structure illegally placed upon a public right of way without any notice and may dispose of said sign or structure by taking it to any landfill. Such removal and disposal of illegally placed signs shall not preclude the prosecution of any person for illegally placing such signs in the public right of way.

Section 26— Building Code

3 Changes made to comply with State v. Hartrampf, (Ga. Supreme Ct. 500A2081, 3/2/01).

To the extent that it is not inconsistent with this ordinance, the present edition of the Standard Building Code as adopted and modified by the County is incorporated as a part of this Ordinance as if fully restated herein for the same purposes stated in Section 1 hereof and for the same purposes for which the Standard Building Code was promulgated and enacted, which purposes are expressly incorporated herein.

Section 27— Zoning Ordinance

To the extent that it is not inconsistent with this Ordinance, the DeKalb County Zoning Ordinance, as amended, is incorporated as a part of this Ordinance as if fully reinstated herein for the same purposes stated in Section 1 hereof and for the same purposes for which the Zoning Ordinance, and any amendments thereto were adopted, which purposes are expressly incorporated herein.

Section 28— Severability.

In the event any section, subsection, sentence, or word of this ordinance is declared and adjudged to be invalidated or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this article, which shall remain in full force and effect as if such portion so declared or adjudged unconstitutional were not originally part of this article, even if the surviving parts of the ordinance result in greater restrictions after any unconstitutional provisions are stricken. The County governing authority declares that it would have enacted the remaining parts of this article if it had known that such portion thereof would be declared or adjudged invalid or unconstitutional.

Section 29— Effective Date.

The effective date of this ordinance shall be ______________________. All ordinances and parts of ordinances in conflict herewith are hereby repealed, except as noted elsewhere in this Ordinance.

Section 30-Flags

(a) All flags shall be displayed on flagpoles, which may be vertical or mast-arm flagpoles. In non residential districts, flagpoles shall not exceed the allowed height provided for a structure or building in the applicable zoning district, or 70 feet, whichever is less. Flagpoles in residential districts shall not exceed 25 feet in height or the height of the primary structure on the parcel, whichever is less.

(b) The maximum dimensions of any flag shall be proportional to the flag pole height. The hoist side of the flag shall not exceed 20% of the vertical height of the flag pole. In addition, flags are subject to the following limitations:

Pole Height Maximum Flag Size (total square feet)

Up to 25 feet 24 square feet

25 to 39 feet 40 square feet

40 to 49 feet 60 square feet

50 to 59 feet 96 square feet

60 to 69 feet 150 square feet

70 feet 216 square feet

(c) Each parcel shall be allowed a maximum of three flagpoles unless a special land use permit or variance is obtained pursuant to this chapter or the Zoning Ordinance.

(d) A maximum of 2 flags shall be allowed per flagpole.

(e) Flags displaying a logo, message, statement, or expression relating to commercial interests and banners not meeting the definition of a flag contained herein shall conform to all applicable ordinances pertaining to signs.

(f) A vertical flagpole must be set back from all property boundaries a distance which is at least equal to the height of the flagpole.

(g) Flags and flagpoles shall be maintained in good repair, and to the extent applicable shall be in compliance with the building code. Flagpoles with broken halyards shall not be used and flags which are torn or frayed shall not be displayed.

(h) On officially designated county, state, or federal holidays, there shall be no maximum flag size or number or other limitations on display.

(i) This section shall not be construed to restrict the right to display eligible flags as banners or non-commercial signage as provided elsewhere in this Article.

Section 31-Banners

(a) Banners shall be exempt from the permitting requirements in this Article and shall not be included in the calculation of aggregate sign area provided that they are either solely decorative or are non commercial and do not display a logo, message, statement, or expression relating to commercial interests. Banners which display a message, logo, statement, or expression relating to commercial interests shall be regulated as signs as provided elsewhere in this Article.

(b) Banners shall conform to the following standards:

1. Each banner shall not exceed 15 square feet.

2. Each banner must be individually attached to a pole, mast arm, or other structure.

3. The number of banners per parcel shall be the same as that provided for flags in Section 30 above.

4. All banners must be maintained in good condition as provided for flags in Section 30 above.