§ 134-313. General regulations.

(a)

Applicability. Unless specifically excluded in this article, this article shall govern any sign erected, maintained or located in the unincorporated areas of the county. Signs wholly located within a structure or building and which are intended to be viewed from the interior of the building are not regulated by this article.

(b)

Definitions and specific provisions. The names of sign types and other words have special meanings in this article. Consult section 134-311 and the other specific provisions to determine the meaning of words and the regulations that apply to each type of sign.

(c)

Signs requiring a permit. All signs require a permit unless specifically exempted by this article. By way of example and not by limitation, the following types of signs require a permit prior to erection: canopy signs, freestanding signs, wall signs, electronic signs, residential subdivision/development signs, signs for nonresidential uses in residential zones, temporary on-premises signs, semi-permanent directional signs, temporary commercial produce and agricultural product stand signs, temporary residential agricultural farm and wood products and livestock, poultry sale signs and directional signs. Signs which do not require a permit are referenced primarily under section 134-372, but may also be referenced in other sections, such as section 134-316.

(d)

Compliance with other laws. All signs shall comply with all federal, state and county laws, ordinances, codes and rules. Compliance with the terms of this article shall not operate to relieve any individual, corporation or other entity of any other duty imposed by law.

(e)

Rights arising from permits. A permit issued under this article constitutes a revocable license to maintain a sign. Relocation of a permitted sign may be required in the interest of the public for such causes as road improvements. If the county or any other lawfully constituted state or federal governmental authority, agency, body or utility having the authority of eminent domain condemns property which, as a sole result of such condemnation, creates nonconformity and relocation of a sign is required, enforcement personnel may administratively approve the relocation of the sign outside of the right-of-way without the necessity of a variance. Whenever the sign owner has been fully or partially compensated for the signs during property acquisition or eminent domain proceedings, the relocation shall be treated as a new permit. In determining the point of relocation, enforcement personnel shall consider the following factors:

(1)

Safety.

(2)

Size of sign.

(3)

Shape of sign.

(4)

Height.

(5)

Amount of remaining property.

(6)

Amount of property acquired.

(7)

Topography.

A permit that is issued in violation of this article is void. A permit does not create a vested right to maintain any sign which violates any of the terms of this or any other ordinance or law.

(f)

Protection of property rights. Issuance of a permit pursuant to this article shall not serve to waive any applicable protective covenants or private rights of property ownership.

(g)

Zoning district regulations. A sign can only be erected in a zoning district that allows that type of sign. See the specific provisions for each type of sign. If a new zoning district is created after the enactment of the ordinance from which this article is derived without signage designation or authority, signs shall be allowed under this article in accordance with the next more restrictive zoning district unless specific criteria are specified within the new zoning district at the time of adoption. Signs not otherwise requiring a permit shall be allowed in any newly adopted zoning districts.

(h)

Size. Size shall be governed by sign type. See specific provisions relating to each sign type.

(i)

Location. All signs must be located on private property, except signs erected on public property by any authorized governmental unit. No sign can be erected on or encroach on any public right-of-way, except as authorized by the governmental unit which controls the right-of-way. For the purposes of this section, residential real estate signs as defined in subsection 134-372(15)a. that are located within platted subdivisions and are accessed only by local roadways as identified in the Cobb County Major Thoroughfare Plan, as may be amended from time to time, may be placed within public right-of-way provided they are at least one foot from the curb line or edge of pavement, are not permanently affixed to the earth, do not exceed one sign per road frontage and do not obstruct sight distance along the roadway.

(1)

Unless a specific exception is stated in this article, no sign shall be located within the minimum yard requirement adjacent to an interstate highway, within 62 feet of the center of an arterial road right-of-way, within 52 feet of the center of a major collector road right-of-way or within 42 feet of the center of any other road right-of-way. For the purposes of this subsection, the classification of roads shall be determined by the county major thoroughfare plan as most recently approved by the county board of commissioners at the time of application for a sign permit or at the time of erection of any sign not requiring a permit.

(2)

Unless a specific exception is stated in this article, no sign shall be located within one foot of a public right-of-way.

(3)

Unless a specific exception is stated in this article, all signs shall meet the side and rear yard setback requirements of this chapter.

(4)

No canopy sign, freestanding sign, wall sign, sign for nonresidential use in a residential zone or off-premises outdoor advertising sign can be located upon any lot that is smaller than the minimum lot area for its zoning district.

(j)

Height. Height shall be governed by sign type. See specific provisions relating to each type. The ground elevation shall not be altered to provide additional sign height.

(k)

Roadway safety; obstruction of vision at intersections.

(1)

Safety must be exercised in erecting signs near a road. No sign shall obstruct or impair the vision of any vehicle operator at the intersection of any public rights-of-way, at any entrance onto or exit from a public road or any other location where such obstruction could create a hazard to life or property.

(2)

At a minimum, no sign or other obstruction of vision, including but not limited to poles or other support structures, with a height greater than three feet, shall be permitted within the mitered corner, defined as an area beginning at the intersection of any right-of-way lines of any streets, roads, highways, driveways, curb cuts or railroads and extending 20 feet along each such right-of-way, and closed by a straight line connecting the end points of the 20-foot sections of the right-of-way lines. However, a sign with a height of 15 feet or greater may be erected outside the area designated in this subsection and allowed to overhang in the designated area. In no event shall a sign or other obstruction of vision greater in height than three feet or less than 15 feet in height be permitted within the designated area or overhang within the designated area.

(l)

Interference with or similarity to traffic control devices. No sign or illumination shall be used, constructed, maintained or located at any location where it may interfere with or obstruct the view of an authorized traffic control device, nor shall any sign be used, constructed, maintained or located where it, by reason of its position, shape, wording or color, may be confused with an authorized traffic control device or emergency vehicle device or markings.

(m)

Illumination. Illuminated signs shall be installed and operated in such a manner to prevent glare from being a hazard to or from interfering with the normal use of the public rights-of-way and adjoining property. No flashing or animated illumination or effects shall be allowed, except as otherwise allowed in this article. No lighted sign shall cast light directly on streets, roads or neighboring property.

(n)

Electrical and structural safety. All electrical signs and all electrical devices that illuminate signs or otherwise operate signs are subject to approval of the county building inspections division or its successor. All such signs and electrical devices shall only be allowed if listed by an approved testing laboratory or agency and installed in conformance with that listing. All signs shall be built in compliance with all applicable building and electrical codes.

(o)

Electronic signs. Electronic signs may be used in accordance with the following provisions, provided that legal nonconforming off premise outdoor advertising signs shall not be converted to electronic signs except in accordance with the provisions of section 134-318.1.

(1)

The following shall apply to all electronic signs:

a.

Electronic signs shall only be used as freestanding signs and shall not be allowed as canopy, wall or awning signs as defined in this ordinance.

b.

Electronic signs shall contain static messages only, and shall not have movement nor flashing on any part of the sign structure, design, or pictorial segment of the sign, nor shall such sign have varying light intensity during the display of any single message. Transitions between messages shall not use frame effects or other methods which result in movement of a displayed image during such transition.

c.

Electronic signs must operate within brightness levels as established in this ordinance.

d.

Each sign must have a light sensing device that will adjust the brightness of the display as the natural ambient light conditions change.

e.

The owner of said electronic sign shall provide to the zoning division manager or designee, information for a 24-hour contact able to turn off the electronic sign promptly if a malfunction occurs. If, at any time more than 50 percent of the digital display lights malfunction or are no longer working, the owner of said electronic sign shall turn off the electronic display until repairs are made.

f.

In the course of processing a complaint, the staff of Cobb County may request a certification of the brightness (under measurement conditions) by an independent contractor (if such has not been certified within the preceding 12 months). If this investigation and certification indicates that the electronic sign exceeds the brightness levels specified in this ordinance, the owner of the sign, within 24 hours of a request by the staff of Cobb County, shall turn off the sign until the brightness of the sign is corrected to comply with this ordinance at owner's expense.

g.

Any electronic sign whose face or structure is physically removed for whatever cause must alter the sign to comply with this ordinance.

h.

Any electronic sign that does not comply with this ordinance may re-permit the sign in accordance with the operational standards listed above at no charge until December 31, 2011.

i.

No electronic sign shall utilize, house or contain any interactive features or components, or function as an interactive sign.

j.

Electronic signs shall not be allowed in residential zones; except for they may be allowed on properties on five acres or more used for places of religious worship which are located on an arterial roadway (these signs to be in compliance with all other requirements of the sign code and electronic sign code).

(2)

Electronic signs located on nonresidentially zoned property: Electronic signs may be utilized for and in conjunction with any sign permitted by this ordinance on nonresidentially zoned property, provided that each such electronic sign shall comply with the following requirements in addition to and in conjunction with those specified in subsection (1) hereinabove:

a.

Must be located on a property/lot with at least 200 feet of public road frontage on one road (if abutting more than one public road, sign may only be erected along a road with more than 200 feet of frontage) and cannot be within 200 feet of another electronic sign that may be permitted on the same property/lot. For the purposes of measurement, mitered corners will not be included in road frontage calculations.

b.

Electronic messaging portion of sign shall not exceed 32 square feet per allowable sign area and may not have more than two electronic sign areas per sign. The sign area of an electronic sign shall be the area within a single, continuous rectangular perimeter measured from the extreme lowest point of the sign to the extreme highest point of the sign and from the extreme left edge to the extreme right edge of the sign face. Any open space or unused space contained within the rectangular perimeter, such as between letters in a word and/or numbers, or between any component panel, strip or figure of any kind comprising the sign shall be included in the computation of the sign area, whether this open space be enclosed or not by a frame or border.

c.

Each individual static message must be displayed for not less than 20 seconds.

d.

Electronic signs located on nonresidentially zoned property may not operate at brightness levels of more than 0.20 footcandles above ambient light levels (at measurement conditions) as measured at a distance of 125 feet.

e.

If the electronic sign is located in the line of sight of a residentially occupied structure on a residentially zoned property, such electronic sign shall not operate at brightness levels of more than 0.1 footcandles above ambient light levels (at measurement conditions) as measured at the nearest portion of such residential structure.

(p)

Prohibited signs. The following signs are prohibited in any zoning district in the unincorporated areas of the county:

(1)

Banners and streamers, except as specifically allowed under this article.

(2)

Signs which produce noise or sounds capable of being heard even though the sounds produced are not understandable sounds. This subsection does not prohibit radio transmissions used in conjunction with any sign.

(3)

Signs which emit visible smoke, vapor, particles or odors.

(4)

Signs which are erected or maintained upon trees, utility poles or painted or drawn upon rocks or other natural features.

(5)

Permanent or temporary window signs which cover more than 50 percent of the window glass surface area of each pane of glass.

(6)

Bench, covered shelter or bus shelter advertising signs other than as authorized by Cobb Community Transit.

(7)

Flashing signs, except electronic signs as allowed in this article.

(8)

Signs which advertise illegal activity or depict nudity, sexual conduct, obscene or pornographic material as defined in the United States and state codes such as O.C.G.A. § 16-12-80 and O.C.G.A. § 16-12-81, and relevant case law, as may be amended from time to time, or which contain fighting words as defined by O.C.G.A. § 16-11-39.

(9)

Roof signs, except as otherwise allowed in this article.

(10)

Rotating signs.

(11)

Wind activated devices, including flags, except as specifically allowed under this article.

(12)

Signs which advertise an activity which is illegal under the laws of the state, federal laws or regulations, or any county ordinance.

(13)

Signs or devices attached to any vehicle or trailer or a vehicle wrap parked so as to be visible from a public right-of-way for the purpose of directing people to a business or activity is prohibited, except as provided herein. Vehicles which are used for daily transportation with a valid license plate shall be exempt. Any common carrier actively making deliveries in a defined loading zone area shall be exempt. Any allowable vehicle having sign, device, or wrap attached thereto as a part of the vehicle or attachment shall meet the following criteria:

a.

Parked in a legal parking space and in a space rented, leased or belonging to the business or on the property to which the sign makes reference;

b.

Prohibited from within 50 feet of the right-of-way between the hours of 9:00 p.m. to 7:00 a.m.; and

c.

The sign attached to the vehicle is limited to 24 square feet, excluding vehicle wraps.

Any vehicle or common carrier having directional arrows directing public attention to the location of the business on any portion of the vehicle is prohibited. No signs on trailers or other non-motorized vehicles will be allowed under this subsection. Appeal to this section shall be made to the board of zoning appeals.

(14)

Signs placed in parking spaces which are required to meet the minimum parking requirements.

(15)

Signs not in good repair, specifically including any sign which is in a state of disassembly or any sign which has its internal lighting exposed to view.

(16)

Abandoned signs, which advertise an activity, business, product or service no longer conducted or available.

(17)

Off-premises signs as defined in this article.

(18)

Laser images, except as allowed by specific actions by the board of commissioners as a temporary activity.

(19)

Sign copy on litter receptacles, vending machines or like structures, except for copy indicating products sold, dispensed or distributed from within the structure upon which the sign copy appears, e.g., sign copy on vending machines shall be permitted if restricted to products sold, dispensed or distributed from the machine.

(20)

Portable signs.

(q)

Time limit for commencing and completing construction. A sign permit for a sign shall expire six months after the issuance of the permit if construction of the sign has not commenced within that time. A sign permit shall expire 12 months after the issuance of the permit if construction of the sign is not completed within that time. If construction has not begun or been completed as required by this subsection, then a new application must be submitted and the permitting process commenced anew.

(r)

Structural and safety requirements. Any sign within this article attached to a building must meet the county building inspections safety, electrical and structural code requirements.

(s)

Cleanup. The person or entity holding the permit shall be required to remove or have removed from premises discarded or unusable paper, sign faces, parts and debris resulting from the changing of the copy or message or maintenance of any approved sign or sign structure.

(Ord. of 1-9-90, § 2; Ord. of 2-25-92, § 2(A), (E), (F), (I), (K), (N), (Q); Ord. of 2-14-95, § 2; Ord. of 1-26-99; Ord. of 9-12-00 (eff. 1-1-01); Ord. of 1-22-02; Ord. of 2-27-07; Ord. of 9-8-09; Amd. of 2-26-13; Amd. of 2-25-14; Amd. of 7-22-14; Amd. of 2-23-16; Amd. of 7-26-16; Amd. of 8-9-16)

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