§ 6-5. Sign permit required.

(a)

Required. Except where specifically excluded by other provisions of this chapter, it shall be unlawful for any person, firm or corporation to post, display, substantially change, change or modify sign face or face panels, alter, or erect, reconstruct, replace or reset a sign or advertising device in the City of Fayetteville, Georgia, without first having obtained an authorization to erect a sign and thereafter a permit in the manner prescribed herein.

(b)

Application for permits. Application for authorization to erect a sign shall be made upon forms provided by the city manager, and shall contain or have attached thereto the following information:

(1)

Name, address and telephone number of the property owner and applicant;

(2)

Address of building, structure, or lot to which or upon which the sign is to be attached or erected;

(3)

Position of the sign in relation to nearby buildings or structures and other signs. Setbacks from rights-of-way, property lines and easements;

(4)

One accurate scale drawing of the sign plans, specifications, and method of construction and attachment to the building or ground for the sign as well as a scale drawing of the site showing driveways, structures, existing and proposed signs and any other limiting site features;

(5)

Name of person, firm, corporation, or association erecting the sign;

(6)

Name of business or activity at the address where the sign is to be erected if any;

(7)

Complete calculations establishing the area of sign;

(8)

Such other information as the city manager shall require to show full compliance with this and all other ordinances of the city;

(9)

Written consent of the owner of the building or lot upon which the sign is to be erected; and

(10)

A written description of all other signs located on the lot indicating the sign type, size and placement.

(c)

Fees. Fees for authorizations and permits shall be as fixed from time to time by the city council.

(d)

Notification. The city shall process all sign authorization and permit applications within 45 days of the city's actual receipt of a completed application and a sign authorization and permit fee. The city shall give notice to the applicant of the decision of the city by hand delivery, by mailing to the address on the authorization and permit application, or by fax as provided on the application on or before the 45th day after the city's receipt of the completed application. Notice shall be deemed to have been given upon the date of mailing (if mailed), date of faxing (if faxed), or date of hand delivery (if hand delivered). If the city fails to act within the 45-day period, applicant shall notify the clerk of the city in writing of the failure and the city council shall meet within ten days of the clerk's receipt of such notice and shall issue or deny the authorization to erect a sign. Upon failing to so act, the authorization to erect the sign shall automatically be granted; however, the final permit procedure must be followed by the applicant.

(e)

Denial. In the event the city manager determines or learns at any time that the applicant has not properly completed the application for authorization to erect the proposed sign, he shall promptly notify the applicant of such fact and shall automatically deny the application. In the event the city manager determines that all requirements for approval of the application for authorization have not been met, he shall then deny the application.

(f)

Issuance of an authorization. Upon the filing of an application for an authorization and permit and the payment of all necessary fees as required by this section, the city manager or his designee shall examine all plans and specifications submitted and the premises upon which the proposed sign is to be erected, and if it shall appear that the proposed sign is in compliance with all the requirements of this chapter and all other ordinances and laws of the city, and if a business, that the business has registered and paid any tax due pursuant to the city's occupation tax chapter, he/she shall then issue an authorization to erect the sign pursuant to the application and any conditions placed upon the authorization by the city. If the work authorized thereby has not been completed within 180 days after the date of issuance and a final permit has not been requested in writing, the authorization shall become null and void and no final permit may be issued.

(g)

Appeal procedure. Any applicant who is dissatisfied by a decision of the city manager may appeal such decision to the city council. Such appeal shall be in writing and shall be filed with the city manager within ten days of the decision being appealed. The city council will schedule the matter for hearing within 45 days of the appeal being filed and at such meeting may continue the matter ten days for further investigation affirm, reverse, or modify the determination of the city manager. The city council shall make its final determination on the appeal within ten days of the close of the hearing.

(h)

Within ten days after completion of the erection of a sign pursuant to an approved application and an authorization to erect, and within 180 days of the issuance of an authorization, the applicant shall deliver to the city manager a written request for a final permit along with current and dated color photographs of each face of the sign (at least three inches by five inches in size) and a signed affidavit that the photographs are current and accurate photographs of the sign's faces as of the date on the photographs, that the sign was and is erected as described in the application as conditioned and authorized by the city, including the size, location, building materials, height and lighting. Within ten business days of the filing of a request for a final permit, the city manager shall issue the final permit or deny the final permit because of the applicant's failure to properly and timely submit the written request for final permit, failure to properly and timely document the request, or failure to properly and timely erect the sign as described in the application conditioned and authorized by the city. Notification of a denial shall be effectuated pursuant to subsection (d) above, and the applicant shall have the appeal rights as provided at subsection (g). Failure of the city manager to approve or deny the application for a final sign permit within said ten business days of the applicant properly and timely filing with the city a fully and properly documented application for final permit shall constitute an approval of the final permit.

(i)

An applicant who has failed to complete the erection of a sign within 180 days of the issuance of an authorization or who fails to request a final permit within ten days of erection of a sign pursuant to an authorization or who fails to apply for a final permit within 180 days of the issuance of an authorization or who's request for a final permit is denied, shall remove the sign or parts of the sign within 30 days of notice from the city manager to remove the sign or parts of the sign. Failure to so remove the sign shall constitute a separate ordinance violation for each day that the sign or part of the sign is not removed from the proposed site and upon conviction, the applicant and/or owner or tenant of the sign site shall be guilty of an ordinance violation and shall be subject to fines or imprisonment as authorized by the city's Charter.

(j)

Furthermore, if the sign or part of the sign is not removed within said 30 days, the city may remove the sign or part of the sign and charge the applicant and/or owner of the site the cost of removal and disposal.

(Ord. No. 0-7-12, arts. I, II, 4-19-12)