§ 6-2. Definitions.  


Latest version.
  • (a)

    For purposes of this chapter, certain words are hereby defined. Words used in the present tense shall include the future, the singular shall include the plural, and the plural shall include the singular. The word "shall" is mandatory and not discretionary. The word "person" includes a firm, corporation, association, trust or partnership or other entity. The word city shall mean the City of Fayetteville, Georgia.

    (b)

    Unless otherwise indicated, the following words and terms shall have the meaning ascribed herein:

    Advertising device means any structure or device erected or intended for the purposes of displaying advertising or any object for attracting attention situated upon, above, or attached to real property.

    Animated sign means any sign, or attention-getting device, with action, motion, changing colors, or having characteristics that require electrical or mechanical energy, including wind-activated elements such as spinners and aerial devices.

    Area of sign. Only one face of a double-faced sign, as defined herein, bearing identical copy on each side shall be used in computing the area, otherwise both sides shall be used in computing area.

    (1)

    Ground sign/monument sign. The area of a ground sign shall mean and shall be computed as the entire area within a continuous perimeter, enclosing the limits of all writing, representation, emblem, or any figure or similar character, together with any frame, other material, open space, or color forming an integral part of the display or used to differentiate such sign from the background upon which it is placed. The supports or structure upon which any sign is supported shall be included in determining the sign area whenever such supports are designed in such a manner as to form an integral part of the display; however, provided that the area of the frame shall not be included in computing the area when the frame is composed of stone or brick and provided the frame contains or has attached no copy, words, writing, letters, or advertisement, but may not be internally illuminated, and provided that the surface area of the frame that is parallel to the display of the sign is no greater than 100 percent of the area of the sign displayed. A ground sign may include individual letters, numbers, figures, mounted on a surface composed of stone or brick or other permanent structures; called monument signs. The area of monument signs shall be computed as provided for wall signs.

    (2)

    Wall sign. The area of a wall sign shall mean and shall be computed using the smallest contiguous square, circle, rectangle, triangle, or combination thereof, that would encompass the external limits of the writing, representation, emblem, or other display, together with any material or color forming any integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. When a wall sign is formed by placing individual letters, numbers, or figures on the wall, without a distinguishing background, the area shall be determined by a contiguous perimeter drawn around all letters, numbers, figures, trademark, or other symbols, enclosing the limits of writing. Any letters, numbers, figures, trademarks, or graphics separated by 36 inches or more shall be considered two separate signs.

    (3)

    Three dimensional sign. The area of a three dimensional sign shall be determined by a contiguous perimeter drawn around the three dimensional sign enclosing the limits of the three dimensional sign; said perimeter to be drawn around the vertical plane through the sign which creates the perimeter with the largest area. The three dimensional sign shall be treated as a double sided sign for purposes of sign area; therefore, the area of the above described perimeter shall be doubled, which product shall be the area of the sign for purposes of this sign ordinance.

    Awning and canopy sign means a sign imposed or painted upon any roof-like structure that provides either permanent or temporary shelter for adjacent walkways or entrances to a building or property. Awning and canopy signs are prohibited, except see subsection 6-6(5), Main Street Historic District signs.

    Banner means a sign with or without characters, letters, illustrations, or ornamentation, applied to cloth, paper, plastic or fabric of any kind with only such material for backing, the same being characteristically mounted from temporary ground supports, hung or displayed against building surfaces or suspended in midair at both ends across streets, passageways, and other areas visible to the general public. See special temporary signs.

    Bench sign means any sign attached to or painted upon a bench or other seat placed in the public view and meant to be for public use or viewing. Bench signs are prohibited.

    Building face projection means the facade area of a building, generally parallel to the street, excluding roofs, covered sidewalks, or facade areas which are perpendicular to the street. For applicants located in a planned center, the building face projection shall be that portion of the front facade that the applicant occupies.

    Building line means a line established in general, parallel to the front street line, between which line and the street no part of a building shall project.

    Changeable copy sign means a sign on which panels of copy may be changed manually in the field, or boards or backgrounds upon which changeable letters or changeable panels may be placed.

    Construction fence means any chain link fence erected around the perimeter of a commercial construction site which requires a land disturbance permit (LDP).

    Designated agent means a person who is licensed as a real estate broker or sales person by the State of Georgia, and who is contracted with the owner(s) of land to sell, lease or manage said land or parts thereof.

    Double-faced sign means a sign which has two display areas against each other, where one face is designed to be seen from one direction and the other face from another direction, and where the two display areas are no more than 19 inches apart at any location on the displays.

    Entrance sign means any monument sign placed at the intersection of a public street and a private entryway into an apartment complex, or condominium complex.

    Erect means to build, construct, attach, paint, hang, place, replace, suspend, or affix or fabricate a sign, which shall also include painting of wall sign or other graphics.

    Exposed neon means neon tubing left uncovered or exposed to view on exterior of structure or a building. Exposed neon is prohibited.

    Flag sign means flag or flags on a pole, but does not include "feather flag" signs. Flag signs are exempt from permitting requirements.

    Flashing sign means a sign, the illumination of which is not kept constant in intensity at all times when in use, and which exhibits marked changes in lighting effects, or displays visible movement achieved by electrical, electronic or mechanical means, or displays an optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy, or with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary intensity or color. Illuminated signs shall not be considered as flashing signs. Flashing signs are prohibited except for authorized public safety uses.

    Ground sign means a permanently affixed sign, which is wholly independent of a building for support.

    Height of a ground sign or monument sign means the vertical distance from the base of the sign at normal grade to the top of the highest component of the sign. Normal grade shall be the predominant grade after construction, exclusive of any filling, berming, mounding or excavating for the purpose of locating or elevating the sign. Base shall be where the sign support meets, or should meet, the normal grade. Signs with a height of greater than six feet are prohibited, except that the structure of the monument may extend to seven feet above normal grade.

    Illuminated sign, external means a sign illuminated by an external light source not mounted to the sign and directed toward such sign.

    Illuminated sign, internal means a sign illuminated by an internal light source.

    Lot means a parcel of land which meets all requirements of the city, including zoning and subdivision requirements, for a legally developable lot for the zoning district in which it is located, meets all of the minimum size, dimension, road frontage and other requirements for a developable lot within its zoning district, and which may be developed or used for purposes consistent with those permitted within its zoning district.

    Mobile sign means any sign which is mounted or designed for mounting on wheels, or which is mounted or designed for mounting on a towed vehicle, and the primary purpose of which is advertising. Mobile signs are prohibited.

    Monument sign means a freestanding sign mounted directly upon the ground and not raised by vertical supports.

    Multiple frontage lots means those lots that have frontage on two or more public streets.

    Neon means a lamp or tube filled with electrically charged gas thereby creating a light source.

    Neon accents means neon lighting around windows (inside or outside the window), building facades, rooflines, doors, signs, and other building structures, building projections or designs upon buildings. Neon accents are prohibited.

    Non-residential zoning means a lot zoned for commercial, office, retail, professional, industrial, and institutional or government use, including RP zoning. For purposes of this chapter those lots zoned for mixed residential and commercial use shall be considered "non-residential zoning".

    Nonconforming sign means signs, which, on July 15, 1991, the effective date of the original sign ordinance, which were approved or legally erected under previous sign restrictions, and which became or have become nonconforming with respect to the requirements of the original sign ordinance or this chapter.

    Obscene means obscene material as defined by O.C.G.A. § 16-12-80 and as may be amended or superceded or judicially interpreted from time to time.

    Outparcel means a lot carved from a planned center which is in compliance with all city requirements and ordinances for legal stand-alone lot on which a freestanding building is constructed which building meets all city setback requirements.

    Pennant and streamers mean several small flags connected to a single line. See spectacular signs.

    Planned center, office, commercial, or industrial means a group of two or more retail stores, service establishments, offices, industries, or any other businesses, or combination thereof, consisting of individual buildings or units which are adjacent or abutting one another, and which are planned to serve the public, and which share common amenities or common area, sidewalks, parking areas or driveways, excepting outparcels.

    Portable sign means any sign which is not permanently affixed, including, but not limited to, signs mounted, painted or affixed on vehicles parked in such a manner as to serve the purpose of an advertising device, or not routinely parked at the immediate premises of the business or entity indicated, advertised or identified by said sign. Portable signs are prohibited, except for authorized public safety use.

    Public street is as defined in section 94-3 of this Code.

    Roof sign means any sign, graphic, or advertising device erected or maintained wholly or partially on or over the roof of a building. This requirement does not include those signs that may be mounted on parapets or mansards, which may extend above the roofline. Roof signs are prohibited.

    Shopping center is a planned center.

    Sidewalk, sandwich sign, or A-frame sign means a moveable sign not permanently secured or attached to the ground or surface upon which it is located. Sidewalk, sandwich and A-frame signs are prohibited, except see subsection 6-6(5), Main Street Historic District Signs.

    Sign means any surface, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, reading matter, material, fabric, device, object, three dimensional object, or display which bears lettered, numbered, pictorial, or sculptured matter, designed to convey information visually or to draw attention and which is exposed to public view (excluding those objects which qualify as "architectural enhancement" pursuant to the city's art and architectural advisory committee ordinance Code sections 94-194.1 through 94-194.6). For the purpose of this chapter, the term "sign" shall not include those devices located entirely within a building or structure, unless such devices are considered window signs; additionally the term "sign" shall include all structural members used to erect or mount same, and any company colors, trademarks, service marks, brand names, logos, symbols, or roof shapes, which are generally used by the company in the design of its buildings, and are generally used, or identified, as trade styles or other identifying marks or symbols of the company's business, per subsection 94-320(4) of the zoning ordinance.

    Sign face means the part of a sign that is or can be used for display of message.

    Special temporary sign means a temporary sign or banner for use during time allowed per section 6-6 of this chapter.

    Spectacular sign or device means animated signs, feather flags, streamers, pennants, balloons and other air or gas filled devices, search lights, lasers, beacons, or other light projecting devices. Spectacular signs or devices are prohibited, except for balloons, see subsection 6-6(5), Main Street Historic District Signs.

    Stake sign means any temporary sign supported by uprights which are placed into the ground, and not supported by or suspended from any building with signable area not greater than five square feet. Stake sign may not be more than five feet high to the top of the sign component, when placed and standing in ground. A stake sign may not be placed within the right-of-way.

    Subdivision sign means a monument sign placed at the intersection of two public roads where one of the roads is the main thoroughfare into and out of a commercial or residential subdivision.

    Swinging or projecting sign means a sign projecting perpendicularly more than 12 inches from the outside wall or walls of any building or supports upon which it is located.

    Temporary sign means a sign of nonpermanent nature.

    Tenant directional sign means a sign within a property zoned as a shopping center or planned center, and not designed or placed so as to be read from a public road. Such signs shall be uniform as to color, graphic style, size and color.

    Traffic instructional sign means a sign used to give direction or specific instruction to motorist or pedestrians upon or near roads, streets, parking, sidewalks, within public areas (privately or government owned) in which the public is generally invited to enter or transverse. (These areas are more specifically described in subsection 6-3(10). Such sign shall contain only instructional information related to vehicular and pedestrian traffic control. The size, shape, color, height, location and lettering of traffic instructional and control signs shall be substantially similar to that used by the Georgia Department of Transportation and the City of Fayetteville. Traffic instructional sign is a traffic control device under the jurisdiction of the city's police chief.

    Trailer sign. See: Mobile sign. Trailer signs/mobile signs are prohibited.

    Unit means a portion of a planned center which by city ordinances and codes may be occupied by a single use or tenant, and which is segregated from other uses or tenants within the planned center by 360 degrees of vertical walls (may include doors and windows) and a floor and a ceiling, and which has a separate entrance to the outside.

    Vehicle sign means any sign painted, drawn or affixed to or on a vehicle including an automobile, truck or trailer.

    Wall sign means a sign applied to or mounted to the wall or surface of a building or structure, not to include window signs, the display surface of which does not project more than 15 inches from the outside face of the wall of such building or structure, and does not extend above the highest horizontal line of the wall. The vertical surface of a canopy is not a wall for purposes of this chapter; however, see variances, section 6-13.

    Wind screen means a heavy duty, woven, coated polyethylene fabric, which blocks wind and rain. The fabric is completely opaque, and may be of a solid color or may contain signage. Wind screens may only be attached to construction fencing, and only for the duration of construction.

    Window sign means any type of sign located on the interior or exterior of a window or door, the letters, numbers, pictorial or sculptured matter of which is visible from the exterior of the premises. Window signs placed on the exterior of any window or door must be constructed of 50/50 perforated vinyl graphic.

(Ord. No. 0-7-12, arts. I, II, 4-19-12; Ord. No. 0-03-16, art. 1 , 4-7-16; Ord. No. 0-17-18 , art. 1, 8-2-18)