§ 113-525. Definitions and sign-specific performance standards.  


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  • For the purposes of this article, certain terms and words are hereby defined. As used in this article, unless the context otherwise indicates, the following words and terms shall have the following meaning ascribed to them:

    Animated sign: A sign with action, motion, sound, or changing colors. This includes signs that blink, flash or fluctuate lights or other illuminating devices which have a changing light intensity, brightness or color; provided however, that this definition does not include automated changeable copy signs as defined by this article.

    Area of sign: The area within a continuous perimeter enclosing the limits of writing, representation, emblem, or any figure of similar character together with any frame, other material, open space, or color forming an integral part of the display or used to differentiate such writing, representation, emblem or any figure of similar character from the background against which it is placed. For double-faced signs, only the largest display face shall be measured in computing the sign area.

    Automated changeable copy sign: A sign, usually freestanding, containing copy that changes at intervals.

    Banner: A sign with or without characters, letters, illustrations, or ornamentation applied to cloth, paper, or fabric of any kind with only such material for a backing. For purposes of this article, a banner is a sign.

    Commercial and industrial zoning districts: For the purposes of this article the following zoning districts as described and defined in the City of Cumming Zoning Ordinance are classified as commercial and industrial: CBD, HB, INST, NS, OCMS, OP, PSC, and M-1. Additionally, any zoning district created after the adoption of this article will be classified as a "residential," or "commercial and industrial" zoning district, by the director of planning and zoning depending on the characteristics of the new zoning district.

    Distance: That span between two or more signs subject to a distance regulation, and shall be a radial measurement from the base of one sign to the base of another sign. For the purpose of determining distance between two or more signs, whether any given existing or permitted sign is within or without the corporate boundaries of the City of Cumming shall not factor into whether a proposed sign complies with the distance requirements of this article.

    Double-faced sign: A sign which has two display areas against each other or where the interior angle formed by the display areas is 60 degrees or less, where one face is designed to be seen from one direction and the other face from another direction.

    Discontinued sign: A sign intended to identify, announce, direct, inform, or bring to the attention of others a subject that has been discontinued.

    Expression sign: A type of sign, not otherwise specifically defined and permitted in this article, which involves the expression of any idea that could be characterized as free speech, and which is not related to a particular use of land or use upon a parcel of land. Expression signs may include, but are not necessarily limited to signs advocating for or against political candidates, and signs related to issues of public concern.

    Flashing sign: Any sign, except those defined by this article as an "automated changeable copy" sign, which is not kept constant in intensity of illumination at all times when in use, and which exhibits marked changes in lighting effects. For the purpose of this article, flashing signs do not include those signs which only scroll information, even though constant intensity of illumination may not be maintained.

    Georgia 400 Corridor: The space in-between the edge of the Georgia 400 right-of-way and a line running parallel to that right-of-way for the length of that portion of Georgia Highway 400 which lies within or adjacent to the corporate limits of the City of Cumming. Said parallel line is and runs 150 feet outside of the edge of the right-of-way for Georgia Highway 400. The Georgia 400 Corridor is visually depicted on a map maintained current in the planning and zoning office of the City of Cumming. The right-of-way attendant to any on-ramp, off-ramp, or access road for Georgia 400 shall not be included in calculating the width of the Georgia 400 corridor.

    Height of sign: The distance in vertical feet from the ground to the highest point of the sign face.

    Home occupancy permit sign: A non-illuminated, professional or business nameplate not exceeding two square feet in area which designates a legally operating home occupation.

    Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. For the purpose of this ordinance, a lot shall be the same thing as a parcel.

    Monument sign: A freestanding sign where the base of the sign structure is on the ground. The width of the sign structure can be no more than 120 percent of the width of the base.

    Multi-faced sign: A pylon sign containing more than two sign faces which sign faces contain cumulative more than 300 square feet of sign face area.

    Nonconforming sign: Any sign that lawfully existed on the effective date of this article but which does not conform to the provisions of this article.

    Permittee: A person and/or entity erecting a sign on the property of an owner and/or permittee.

    Portable sign: A sign which is not permanently affixed or mounted, not including sidewalk signs, defined infra.

    Pylon sign: A freestanding sign that rests upon a pylon or pole(s), said signs to include, but not be limited to, billboards.

    Residential zoning district: For the purposes of this article the following zoning districts as defined and described in the City of Cumming Zoning Ordinance are classified as residential: R-1, R-1A, R-2, and R-3. Additionally, any zoning district created after the adoption of this article will be classified as a "residential," or "commercial and industrial" zoning district, by the director of the department of planning and zoning, depending on the characteristics of the new zoning district.

    Roof sign: A sign projecting above the coping of a flat roof, above the ridge of a gable, hip or gamble roof, or otherwise located more than 12 inches above the front building wall and supported by or attached to said roof.

    Sidewalk sign: A movable sign not secured or attached to the ground or surface upon which it is located, which is placed within a pedestrian sidewalk, which sign shall not be of a size or configuration such that it blocks or unnecessarily impedes pedestrian use of a sidewalk.

    Sign: A lettered, numbered, symbolic, pictorial, or illuminated visual display, device, or communication designed or used for the purpose of identifying, announcing, directing, informing, or bringing to the attention of others the subject thereon, that is visible from the public right-of-way of a city, county, or state road.

    Sign face: That part of a sign that is or can be used for communicating a message.

    Stacked sign: A pylon sign which contains two sign faces arranged one on top of the other, irrespective of the size of those sign faces.

    Temporary sign: A sign of a nonpermanent nature.

    Time, place, and manner restriction: Regulations to protect governmental interests unrelated to speech, such as size, shape, location, appearance, and number. Time, place, and manner restrictions on signs have a content neutral effect on speech.

    Trailer sign: Any sign mounted on wheels and that may be moved from one location to another, but expressly not including such signs to the extent they are participating as a float in a parade such as the Thomas-Mashburn Fourth of July Steam Engine Parade, or other such parades.

    Wall sign: A sign applied to or mounted to the wall or surface of a building or structure, the display surface of which does not project more than 24 inches from the outside wall of such building or structure. The total lettering on one side of a building or structure shall constitute one wall sign. Wall signs shall not occupy more than 25 percent of the square footage of any side of a building.

( Ord. of 7-17-2018, art. II, § 3 )