Albemarle City Zoning Code

SIGNS

§ 92.035 INTENT.

(A) In pursuance of authority granted by the General Assembly of North Carolina in G.S. 160A-381-192, the following regulations are hereby adopted as a supplement to the existing regulating ordinance. The purpose of this subchapter is to adapt policies and regulations concerning the placement of outdoor signs in the zoning jurisdiction of the city.

(B) The city recognizes that signs are a legitimate use of private property, and in order to maximize their advertisement potential for local businesses, promote driving safety, encourage orderly and effective display of advertising, and maintain uncluttered roads and visually attractive streetscapes, the placement of such signs should be regulated.

(C) The intent of such regulation is to increase local property values, protect the natural environment, and enhance the image of the community.

(Ord. 01-44, passed 12-17-01; Am. Ord. 02-06, passed 2-16-02; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)

§ 92.036 DEFINITIONS.

The following terms shall apply to this subchapter as written unless context indicates or requires a different meaning:

"AWNING." A structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building, but not a canopy.

"BANNER." A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentation applied to plastic or fabric of any kind excluding flags and emblems of political, professional, religious, educational, or corporate organizations.

"CANOPY. SERVICE STATION." A structure made of metal, aluminum, or other material intended to be free standing or affixed to a building that serves as an overhang intended to shield persons from the elements while using the service station.

"GRADE." The height of the top of the curb or, if no curb exists, the height of the edge of pavement in the lane of travel adjacent to the sign.

"HISTORICAL SIGN." An existing or the replacement of a once existing sign installed or existing more than 30 years ago, which does not or would not meet the standards set forth in this subchapter, can be maintained and/or replaced upon a finding by the Albemarle Community Appearance Commission that the historic significance of the sign outweighs the intent of this subchapter. The City Council shall have final approval of all historic signs. Examples are the Morgan Motor's Pontiac sign and Whispering Pines BBQ.

"OUTPARCEL." A parcel of land associated with and located within a shopping center or multi-tenant nonresidential development, which is designated on an approved site plan as a location for a structure with an intended use, such as but not limited to banks, savings and loans, dry cleaners, service stations, vehicle repair garages, offices, restaurants, retail establishments, or combination of uses thereof.

"PARAPET." That portion of a building wall or false front that extends above the roofline.

"PREMISES." A parcel of real property with a separate and distinct number and designation shown on a recorded plat, record of survey, parcel map, subdivision map, or a parcel legally created or established pursuant to applicable zoning. Outparcels of shopping centers shall be considered on the premises of the shopping center for the purpose of these regulations.

"ROOF LINE." The highest point of a flat roof and mansard roof and the highest point of a pitched roof, excluding any cupolas, chimneys, or other minor projections.

"SETBACKS, SIGN." The shortest horizontal distance from the line or right-of-way to the nearest point (leading edge) of the sign or its supporting member, whichever is nearest to the property line or right-of-way.

"SIGHT DISTANCE TRIANGLE." The restrictions set forth shall apply to all of the following triangles of land:

(1) That triangle bounded by the curb edges (or edges of pavement where there is no curb) 50 feet from the midpoint of the radius of the curb edge (or edge of pavement where there is no curb) in each direction and the diagonal line connecting the further ends of such 50-foot lengths: and

(2) That triangle bounded by the right-of-way lines measured 35 feet from the point of their intersection in each connecting the further ends of such 35-foot lengths.

(3) The North Carolina Department of Transportation standard 10 feet 70 feet sight distance triangle.

"SIGN." Any object, display, or structure or part thereof situated outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. The term does not include the flag or emblem of any nation, organization of nations, state, political subdivision thereof, or any fraternal, religious, or civic organization; works of art which in no way identify a product or business; scoreboards located on athletic fields; or religious symbols.

"SIGN, ADVERTISING." A sign, other than a directional sign, which directs attention to or communicates information about a business, commodity, service, or event that exists or is conducted, sold, offered, maintained, or provided at a location other than the premises where the sign is located. Advertising signs are not allowed.

"SIGN, ARM." A sign whose face is suspended from a support arm at a right angle from a ground-mounted pier, pillar, column, or pole. The face of such sign shall not be more than three feet from the ground.

"SIGN, CAMPAIGN OR ELECTION." A sign that advertises a candidate or issue to be voted upon on a definite election day.

"SIGN, CANOPY OR AWNING." A sign attached to or painted or printed onto a canopy or awning. For the purposes of this subchapter, the permitted size of a canopy or awning sign will be calculated on the basis of the size of the building wall to which the canopy is attached. It will, for measuring purposes, be considered a wall sign.

"SIGN, CONSTRUCTION." A sign placed at a construction site identifying or announcing the project or the name of the architect, engineer, contractor, financier, or others involved in the development of the project.

"SIGN, DIRECTIONAL." A sign fronting on a road that contains only the name of the principal use, directional arrow, and mileage to the principal use. Such principal use shall not be visible to the motorist at the location at which the sign is placed.

"SIGN, DIRECTORY." A sign on which the name and location of occupants or the use of a building or property are identified.

“SIGN, ELECTRONIC CHANGEABLE FACE SIGN (ECF).” A sign, display or device, or portion thereof, which electronically changes the fixed display screen composed of a series of lights, including light emitting diodes (LED's) fiber optic, or other similar new technology where the message change sequence is accomplished immediately. ECF signs include computer programmable, microprocessor controlled electronic if digital displays that display electronic, static images, static graphics, or static pictures, with or without textural information. EFC signs do not include animated or scrolling images, graphics, or video active images (similar to television images). ECF signs (1) continuously show one message a minimum of five seconds in time before switching to other message, (2) do not dim, flash, fade or scroll messages, (3) has no moving, rotating, fluttering, blinking or flashing elements, (4) has no animation, video, audio, pyrotechnic components, or blue casting technology. The maximum percentage of total sign area for ECF signs shall not exceed 30% under § 92.043 or the maximum allowance for ground mounted signs under § 92.041 for non-residential uses.

"SIGN, FLASHING." A sign that uses an intermittent or flashing light source or windblown and/or mechanically moved reflective material to attract attention is prohibited, except, for messages, which shall continuously show one message a minimum of five seconds in time before switching to another message.

"SIGN, FREE-STANDING." Any sign that is not affixed to a building and is securely and permanently mounted in the ground. Such sign may include a ground, pole, or monument sign.

"SIGN, GOVERNMENT." Any temporary or permanent sign erected and maintained for any government purposes other than signs placed on the premises of a publicly owned building, structure, or other land use, designed to identify to the public and land use. Examples of government signs include speed limit signs, city limit signs, street name signs, and traffic signs. Conversely a sign placed on a public building such as library, school, or public safety building which identifies the building shall not be considered a government sign.

"SIGN, GROUND MOUNTED." Any sign which extends from the ground or which has supports which places the bottom thereof less than two feet from the ground directly beneath the sign.

"SIGN, IDENTIFICATION." A sign which displays only the name, address, and/or crest, or insignia, trademark, occupation, or profession of an occupant, or the name of any building on the premises.

"SIGN, INCIDENTAL." A sign used in conjunction with equipment or other functional elements for a use or operation. These shall include but not be limited to drive-through window menu boards, and signs on automatic teller machines, gas pumps, vending machines, or newspaper delivery boxes.

"SIGN, INSTRUCTIONAL." An on- premises sign designed to guide [vehicles] and/or pedestrian traffic by using such words as "Entrance," "Exit," "Parking," "One Way," or similar directional instruction, but not including any advertising message. The name or logo of the business or use to which the sign is giving direction may also be included on the sign.

"SIGN, LIGHTED." A sign illuminated only by light cast upon the sign from an external light source.

"SIGN, LOGO." A sign used by the North Carolina Department of Transportation on limited access highways that directs motorists to nearby businesses and services.

"SIGN, LUMINOUS." A sign illuminated through the use of phosphorescent or luminescent paint or materials.

"SIGN, MONUMENT." A nonmetallic sign in which the bottom of the sign is flush with the ground and the vertical dimension is greater than the horizontal dimension.

"SIGN, OFF-PREMISES." A sign that draws attention to or communicates information about a business, service, or commodity, that exists or is conducted, sold, offered, maintained, or provided at a location other than the premises where the sign is located. Off-premises signs are not allowed.

"SIGN, ON-PREMISES." A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided on the premises where the sign is located.

"SIGN, PEDESTAL." A sign supported by an architectural support or base and not permanently attached to the ground.

"SIGN, POLE." A detached sign erected and maintained on a freestanding frame, mast, or pole and not attached to any building but not including ground-mounted or monument signs. The bottom of such signs shall be greater than three feet from the ground directly beneath the sign.

"SIGN, PORTABLE." A sign not permanently attached to the ground or other permanent structure, including those signs which may be transported to the site on wheels or a truck; signs constructed as or converted to an A-frame sign; streams of flags, pennants, streamers, umbrellas, box type signs, or banners used for advertising purposes. Such sign, whether or not bolted to the ground, shall nonetheless be deemed to be a portable sign. Portable signs are not allowed except where specifically provided for elsewhere in this chapter.

"SIGN, PROJECTING." Any sign other than a wall, awning, canopy, or marquee sign, which is affixed to a building and is supported only by the wall on which the sign is mounted.

"SIGN, PUBLIC INTEREST." A sign on private property that displays information pertinent to the safety or legal responsibilities of the general public, such as "Warning" and "No Trespassing" signs.

"SIGN, REAL ESTATE." Signs that are used to offer for sale, lease, or rent the premises upon which such sign is placed.

"SIGN, ROOF." A sign erected or maintained in whole or in part upon or over the roof or parapet of a building.

"SIGN, SPECIAL PROMOTION." A temporary sign erected to inform the public about events such as grand openings, going out-of-business, annual membership drives, pledge drives, new program announcements and other similar situations as determined by the Planning Director or his designee.

"SIGN, VEHICULAR." Signs on parked vehicles visible from the public right-of-way where the primary purpose of the vehicle is to advertise a product or to direct people to a business or activity located on the same or nearby property and road. The vehicle is not used in the normal day-to-day operations of the business. For the purposes of this subchapter, vehicular signs shall not include business logos, identification, or advertising on vehicles primarily used for other transportation purposes.

"SIGN, WALL." Any sign directly attached to an exterior wall of a building or dependent upon a building for its support, with its exposed face parallel or approximately parallel to the plane of the building or structure on which it is placed. Signs directly painted on walls shall be considered wall signs.

(Ord. 01-44, passed 12-17-01; Am. Ord. 04-52, passed 11-15-04; Am. Ord. 08-14, passed 4-21- 08; Am. Ord. 13-01, passed 1-22-12; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80

§ 92.037 GENERAL PROVISIONS.

(A) Districts established. For the purposes of sections related to signage in this chapter, the use districts established in § 92.090 shall apply.

(B) Sign illumination.

(1) All lighted signs shall have their lighting directed in such a manner as to illuminate only the face of the sign. All lighted signs shall meet North Carolina Electrical Codes.

(2) No commercial sign (other than a ground-mounted sign) within 100 linear feet of a preexisting residential structure may be illuminated between the hours of 12:00 midnight and 6:00 a.m. A residence shall be deemed "pre-existing" for purposes of this section if it has a valid building permit in effect for construction of the structure or if construction of the structure was complete on or prior to the effective date of this provision.

(C) Unsafe signs. Its owner shall immediately remove any sign determined by the Director of Planning and Community Development or his or her designee to be insecure, in danger of falling, or otherwise endangering the public safety, unless it is repaired and made to otherwise comply with the requirements of this subchapter.

(D) Sign area.

(1) (a) Sign surface area: The area of a geometric shape enclosing any message, logo, symbol, name, photograph, or display face.

(b) Sign frame area: the dimensions of a geometric shape formed by all supports, frames, braces, bordering, and embellishments, which extend beyond the sign surface area and which enclose the sign surface area.

(2) All area provisions in this subchapter are calculated from the following sign surface area dimensions as defined in division (D)(1) of this section.

(3) All height provisions in this subchapter are calculated from the sign frame area dimensions as defined in division (D)(1) of this section.

(4) In the case of signs mounted back-to-back, only one side of the sign is to be used for computation of the area. Back-to-back signs shall be defined as double-faced signs. Otherwise, the surface area of each sign is to be separately computed. In the case of cylindrical signs, signs in the shape of cubes, or other signs which are substantially three-dimensional with respect to their display surfaces, the entire display surface or surfaces is included in computations of area. If a sign is attached to an entrance wall or fence, only that portion of that wall or fence onto which the sign face or letters are placed shall be calculated in the sign area onto which the sign face or letter.

(E) Sign height. The height of a sign shall be measured from the highest point of a sign to the point of ground surface beneath it.

(F) Construction standards. All signs shall be constructed and installed in accordance with the applicable standards of the North Carolina State Building Code.

(G) Maintenance of signs. All signs shall be maintained in good structural and aesthetic condition. Deficiencies such as chipped paint, broken plastic, missing letters and exposed light bulbs shall be evidence of a lack of maintenance.

(Ord. 01-44, passed 12-17-01; Am. Ord. 10-02, passed 11-15-10; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80

§ 92.038 PROHIBITED SIGNS.

(A) Any sign, which the Director of Planning and Community Development or his or her designee determines, obstructs the view of bicyclists or motorists using any street or approach to any street intersection, or which interferes with the effectiveness of or obscures any traffic sign, device, or signal shall be prohibited.

(B) Specifically prohibited are:

(1) Illuminated highly reflective signs or spotlights, which hamper the vision of motorists or bicyclists.

(2) Signs which contain lights, rotating disks, words, and other devices not erected by a public authority which may be erroneously construed as government signs or emergency warning signs. An example of this is a sign which contains a picture of a traffic sign plus the word "Stop," "Yield," etc.

(3) Any sign located outdoors which interferes with free passage from or obstructs any fire escape, downspout, window, door, stairway, ladder, or opening intended as a means of ingress or egress or providing light or air.

(4) Any sign (other than a government sign), banner, or display placed on any curb, sidewalk, post, pole, hydrant, bridge, tree, or other surface located on, over, or across any public street or right-of-way, or any banner, placed on stakes on a property, unless otherwise permitted.

(5) Any sign located in such a way as to intentionally deny an adjoining property owner visual access to an existing sign.

(6) Flashing signs, signs with flashing or reflective disks, signs with flashing lights or lights of changing degree of intensity or color, or signs with electrically scrolled messages (except government signs, signs which give time and temperature and other information, and open signs in windows). If a time and temperature sign alternates between a time message and temperature message, it shall continuously show one message a minimum of five seconds in time before switching to the other message. Open signs in commercial windows may only flash as a whole word; they may not have transitions or other lighting features that change.

(7) Portable signs (unless otherwise expressly permitted in subsequent sections).

(8) Vehicular signs

(9) Rotating signs.

(10) Roof signs that extend above the highest point of a pitched roof, mansard roof, or parapet.

(11) Off premises advertising signs, i.e. billboards.

(12) Signs placed on a piece of property without permission of its owners or agent.

(13) Other signs not expressly permitted in this subchapter.

(14) Any sign whose sign face was initially constructed and designed to be placed and/or transported on wheels, regardless if the sign face is removed from its base and placed on or in the ground so as to otherwise classify the sign as a freestanding sign as herein defined excepting however, the changeable face signs permitted under § 92.039(B)(6).

(15) Flag poles whose height exceeds 50 feet.

(16) Signs closer than ten feet to any conductor or the requirements of the National Electric Safety Code (NESC), whichever is more restrictive.

(17) Electronic changeable face (ECF) signs as a wall sign; or located directly across the street from, or within, a historic district or in CBD Central Business District.

(Ord. 01-44, passed 12-17-01; Am. Ord. 02-06, passed 2-16-02; Am. Ord. 02-32, passed 7-15-02; Am. Ord. 04-52, passed 11-15-04; Am. Ord. 08- 14, passed 4-21-08; Am. Ord. 09-42, passed 12-21-09; Am. Ord. 15-12, passed 5-4-15; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80

§ 92.039 PERMIT REQUIRED.

(A) Generally.

(1) Except as otherwise provided in this subchapter, it shall be unlawful for any person to erect, construct, enlarge, move, or replace any sign or cause the same to be done, without first having obtained a sign permit for such sign from the Director of Planning and Community Development or his or her designee as required by this subchapter. A fee, in accordance with a fee schedule adopted by the City Council, shall be charged for each sign permit issued.

(2) Notwithstanding the division (A)(1) of this section, changing or replacing the copy on an existing lawful sign shall not require a permit, provided that the copy change does not change the nature of the sign such as to render the sign in violation of this subchapter.

(3) Direction signs shall be permitted for government offices and installations, non-profit secular organizations such as museums, Chamber of Commerce, etc. and for established religious facilities (churches) on or near city R/W at least ten feet off the pavement. In the case of NC DOT R/W that agency will control location on state R/W.

(a) The signs must be directional only (no advertisement) and may contain the name of the facility (church name) and a direction arrow and the distance (not more than 0.5 miles).

(b) Only two directional signs are allowed for each non-profit organization or church.

(c) The signs may not be more than eight square feet in area, located not more than six feet above the natural ground level to the bottom of the sign and not block sight of traveling public in any manner.

(d) Such signs and their design and location must be approved by the Planning Director before they are erected. Any sign not approved prior to erection shall be removed immediately by the Planning Director or his representative.

(e) The color of the sign shall be white background with black letters or brown background with white letters or blue background with white letters.

(B) Specific types of signs.

(1) Wall sign.

(a) The maximum permitted aggregate area of wall signs per premises shall be 20% of the wall or walls facing a public street, unless otherwise specified.

(b) No wall sign shall project more than 18 inches from the building wall. Further, no wall sign or its supporting structure shall cover any window or part of a window, nor shall it extend beyond the highest point of a roofline, parapet, or mansard roof.

(c) Canopy and awning signs may be substituted for part or all of the allowable wall signage per premises. Signs may be painted or printed onto a canopy or awning. In no instance shall a canopy or awning sign extend into a street right-of-way. This subdivision shall not apply to the CBD/Central Business District. For canopy and awning sign regulations for the CBD/Central Business District, see § 92.042(B).

(d) A projecting sign may be substituted for part or all of the allowable wall signage per premises. A projecting sign shall not project more than six feet from a building. In no instance shall a projecting sign extend into a street right-of-way.

(e) Some of the wall signage allowed on sides of a building facing a public street may be moved to sides or rear of the building.

(2) Ground mounted signs.

(a) Ground-mounted signs shall be located a minimum of ten feet behind the street right-of-way, except for the CBD/Central Business District wherein no setback will be required and the R-O/Residential Office District wherein setbacks shall be ten feet from the curb line or edge of pavement if there is no curb. For each of these exceptions, the sign must also be outside of the public right-of-way.

(b) No ground mounted sign greater than five square feet in area shall be located closer than ten feet to any adjacent lot line. A 15-foot side-yard setback shall be required if the side lot line abuts a residential district. Greater setbacks shall be provided if otherwise required.

(c) An arm sign may be substituted for a ground-mounted sign but shall meet all height and area requirements as provided.

(3) Pole signs. All pole signs shall be located 25 feet from the curb or ditch line and not be on city or Department of Transportation right-of- way.

(4) Service station canopies. Service stations shall be permitted the use of a canopy, provided that the following conditions are met:

(a) The features, materials, colors, and designs used in a canopy shall be similar to the principle structure.

(b) The maximum letter height shall not exceed 18 inches.

(5) Special promotion signs.

(a) Sign permit fee of $15.00 is required prior to display of sign.

(b) Each business may locate special event signs of their property outside public right-of-way. The maximum number of days allowed during a calendar year is 60 and these days may be divided into a maximum of four different intervals (i.e. 15-day intervals).

(c) Types of signs allowed include metal, wood and plastic. Streamers, streams of flags and temporary cardboard signs are not allowed.

(d) If a banner is used, it must be attached to the building and only commercial logos for the organization obtaining the permit shall be allowed.

(e) No such sign shall exceed 32 square feet. The maximum height will be eight feet unless attached to a building.

(f) New businesses are allowed a "coming soon" or "grand opening" sign for a maximum of 60 days with a sign permit but without a permit fee.

(6) Changeable face signs. An old changeable face sign described in § 92.038 (B)(14) or a similar new changeable face sign can be used only if it is integrated into a new ground-mounted or pole sign by covering the outer frame with the frame of a new sign or by removing the two changeable faces from the old frame and using one or both of them in a newly permitted sign.

(Ord. 01-44, passed 12-17-01; Am. Ord. 04-52, passed 11-15-04; Am. Ord. 05-32, passed 7-18- 05; Am. Ord. 09-34, passed 10-19-09; Am. Ord. 09-42, passed 12-21-09; Am. Ord. 10-02, passed 11-15-10; Am. Ord. 15-12, passed 5-4-15; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80

§ 92.040 SIGNS NOT REQUIRING PERMITS.

(A) The following types of signs are exempt from permit requirements of this subchapter and may be placed in any zoning district subject to the provisions of this subchapter. Such signs shall otherwise be in conformance with all applicable requirements contained in this subchapter. There shall be no limit as to the number of such signs on any lot, except as herein prescribed. All such signs (except government signs) shall be located outside a road right-of-way. Except where specifically provided for, portable signs shall be prohibited.

(B) Specific signs not requiring permits:

(1) Government signs and logo signs, including way-finding signs that are approved, installed, and maintained by the City of Albemarle or designee.

(2) Memorial signs, plaques, or grave markers that are noncommercial in nature.

(3) Flags, pennants, insignia, or religious symbols of any government, non-profit or not-for-profit organization when not displayed in connection with a commercial promotion. Flags may be permitted as an advertising device, provided that they do not exceed 32 square feet.

(4) Integral decorative or architectural features of buildings and works of art, so long as such features or works do not contain letters, trademarks, moving parts, or lights.

(5) Public interest signs.

(6) On-premises directional and instructional signs not exceeding six square feet in area apiece.

(7) Identification signs for residential uses not exceeding four square feet in area, one only per premises.

(8) Incidental signs; however, in no case shall a drive-in window menu board be oriented to a public right-of- way or exceed 32 square feet in area. Any such drive-in window menu board containing a loud speaker shall be located at least 50 feet from any pre-existing residential unit located in a residential district.

(9) Campaign and election signs, provided that:

(a) Each sign shall not exceed 32 square feet in area.

(b) All such signs shall be removed within three days after the election for which they were made.

(10) Temporary real estate signs advertising a specific property for sale, lease, rent, or development shall be located as follows:

(a) One sign per street frontage advertising real estate "For Sale," "For Rent," "For Lease," or "For Development," not greater than ten square feet in area in a residential district and 64 square feet in area in non-residential districts may be located on the property being advertised so long as the sign is located behind the street right-of-way line.

(b) If the property so advertised lies on a corner lot or double frontage lot, then a second sign may be oriented along the second street so long as the two signs are at least 100 feet apart as measured by the shortest straight line.

(11) Temporary construction signs, provided that:

(a) Signs in conjunction with any residential use shall not exceed ten square feet each.

(b) Signs in conjunction with all other uses shall have a maximum area of 50 square feet each.

(c) Only one such sign oriented per street front per premises shall be erected. Any two such signs located on the same premises shall be located at least 100 feet apart as measured by using a straight line.

(d) Such signs shall not be illuminated.

(e) Such signs shall only appear at the construction site.

(f) Such signs shall be removed within seven days after a completion of the project.

(12) Temporary special event signs for religious, charitable, civic, fraternal, or similar non-profit or not-for-profit organizations, provided that:

(a) Signs shall be on premises and removed no later than two days after the event.

(b) No such sign shall exceed 32 square feet.

(d) Commercial logos shall not be allowed.

(e) Types of signs allowed include metal, wood and plastic. Streamers, streams of flags and temporary cardboard signs are not allowed.

(13) Temporary displays as part of a Christmas, holiday, or civic event, so long as any such displays are not located within a street right-of- way, unless the city or the North Carolina Department of Transportation first grants permission for such.

(14) Bulletin boards and signs which contain information of a non- commercial nature. Such bulletin boards and signs may have a maximum area of 42 square feet.

(15) Directional signs for public uses only.

(16) Other signs containing non- commercial copy messages, provided that:

(a) Such signs have an area of no greater than 32 square feet.

(b) Such signs do not fit under the category of prohibited as listed in § 92.038.

(17) Directory signs, provided that:

(a) No sign is located in a road right-of-way.

(b) The maximum sign area shall be 36 square feet or one-half the area of the largest freestanding sign permitted for the use, whichever is less.

(d) Height of sign does not exceed six feet.

(18) Window signs.

(19) "Warning," "No Trespassing," and similar informational signs.

(20) Signs located within a stadium that are intended to be read only by persons seated within the stadium.

(21) Permanent municipal, school, recreational, and civic club sponsored signs, schedules of events, and rules and regulations signs. Such signs shall not include identification signs.

(22) Any sign inside a building, not attached to or placed within an external window or piece of glass that is not legible more than three feet beyond the building in which it is located.

(23) Signs placed on newspaper boxes designed for placement of delivered newspaper to a particular location.

(24) Historic plaques, provided that they do not exceed four square feet in area.

(Ord. 01-44, passed 12-17-01; Am. Ord. 05-32, passed 7-18-05; Am. Ord. 15-12, passed 5-4-15; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80

§ 92.041 SIGNS PERMITTED IN RESIDENTIAL DISTRICTS (R10, R8, R6, R0).

(A) Signs in residential districts should be directional and/or informational in nature. The features, materials, colors, and designs used in a sign should be similar to the building or buildings that it denotes.

(B) The following signs may be placed in such districts subsequent to the issuance of a permit by the Zoning Administrator. All other signs shall be prohibited. Additional specifications for sign placement are found in § 92.037.

Use	Type of Sign	Maximum Area (Wall)	Maximu m Area (Groun d- Mounted)	External or Internal Illumina tion	Maxim um Height (Ground- Mounted)	Total Number
Bed and breakfast inn, day care center, dwelling, mixed- use family home, rooming and boarding houses	Wall or ground - mounted	10 square feet	16 square feet	External	5 feet	1 per street front; ground- mounted signs may be no closer than 200 feet
Cemetery, country club, multi-family development, public safety station (police, fire, rescue), Recreation facilities (parks, playgrounds, pools, clubs, and lodges)	Ground - mounted only	N/A	32 square feet	External	5 feet	1 per street front; ground- mounted signs may be no closer than 200 feet
Church, library, school	Wall and ground- mounted	10% of façade area	32 square feet	External or internal	6 feet	1 per street front; ground- mounted signs may be no closer than 200 feet
Doctor's office	Wall or ground- mounted	6 square feet	24 square feet	External	5 feet	1 per establishment
Neighborhood	Ground - mounted only	N/A	32 square feet	External	6 feet	1 per street entrance; signs may be no closer than 200 feet

(Ord. 01-44, passed 12-17-01; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80

§ 92.042 SIGNS PERMITTED IN THE CENTRAL BUSINESS DISTRICT (CBD).

(A) The requirements of this section shall be applicable to all signage for approved non-residential uses in the R-4 District when said uses are not otherwise included in § 92.041.

(B) Except as otherwise permitted by this subchapter, signs in the CBD/Central Business District shall be limited to wall, canopy, awning, and certain ground-mounted signs.

(1) Wall signs and projecting signs.

(a) A projecting sign, wall sign, or combination of both may be located on any building wall of a structure so long as the maximum sign surface area of all signs on one wall does not exceed 10% of the area of the building wall to which the sign or signs are attached up to a maximum of 120 square feet.

(b) Projecting signs are attached to the building and extend perpendicular to the building.

(c) Projecting signs are allowed with the following provisions: minimum of nine feet from grade/sidewalk to the lowest edge of the sign; maximum of six feet from the side of the building to the outside edge of the sign; maximum of 10% of the wall area for size of signage, up to 120 square feet; the sign cannot extend vertically above the natural roof line or parapet wall.

General Location	Specific Location	Maximum Number	Maximum Area	Maximum Height*
Façades facing a public street	Between first window and window sill of second floor, or on sign frieze area or building if original to building or sign if advertising different business than first floor, be allowed above first floor window for Historic District only. The maximum number of signs above the first floor window shall be one.	1	10% of the building wall(s) facing a public street	16 feet
Façades facing an alley or parking lot	Above or beside doorway	1	8 square feet	12 feet
Windows	First floor windows	2	20% of total window space	8 feet
Outside entrance to upper floors	Above or beside	1	8 square feet above entrance; 2 square feet beside entrance	12 feet
Windows	Upper floor windows, if different business	1	50% of window size	N/A
*As measured from the top of the sign to the sidewalk.

(2) Canopy and awning signs.

(a) A sign message on a canopy or awning shall contain only the name of the business, street address, and/or the type of business; type of goods sold; or services rendered.

(b) Each business is permitted one sign hanging under a canopy or awning, provided that the message on the sign is perpendicular to the building, and the sign is at least seven feet above the surface of the sidewalk and is no more than eight square feet in size.

(c) Signage on the canopy or awning sign shall be limited to no greater than 1/2 of the area bounded by the edges of the canopy or awning, not including any drip-flap or vertical fascia surface. If signage is only found in the fringe drip-flap portion of the canopy, the entire portion of the area might be utilized for signage.

(3) Ground-mounted signs. Businesses with a minimum building setback of 20 feet from the fronting right-of-way may be permitted the use of a ground-mounted sign in addition to any other permitted signage. The maximum height of such signs shall not exceed five feet. The maximum area for such signs shall be 32 square feet.

(4) One A-frame sign. Sign area not to exceed six square feet on each side.

(5) One flag sign that does not exceed 15 square feet or one non-traditional flag sign (e.g. feather flag, flutter flag, bowhead banner) that does not exceed three feet in width and that has a pole with a maximum height of ten feet above the ground.

(6) Pole signs. Signs suspended from or mounted on poles. Pole signs are allowed if: the setback of the building exceeds 20 feet from the right- of-way; minimum of nine feet from grade/sidewalk to the lowest edge of the sign; maximum height of 20 feet to the highest edge of the sign or pole; maximum of 10% of the wall area for size of signage to be divided by wall, projecting or pole signs; not to exceed a cumulative total of 120 square feet; existing poles will be allowed to remain in their present location.

(Ord. 01-44, passed 12-17-01; Am. Ord. 04-52, passed 11-15-04; Am. Ord. 08-14, passed 4-21- 08; Am. Ord. 10-02, passed 11-15-10; Am. Ord. 15-12, passed 5-4-15; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80

§ 92.043 SIGNS PERMITTED IN COMMERCIAL AND INDUSTRIAL DISTRICTS (GHBD, HMD, MUSCD, NBD, NSD, SCD, LID, HID, I-O).

(A) The intensity of commercial development in the commercial and industrial districts are established by the traffic-carrying capacity of the fronting thoroughfare. Signs may be illuminated internally or externally, subject to the requirements in the various districts.

(B) The Director of Planning and Community Development or his or her designee may place the following signs in such districts subsequent to the issuance of a permit. All other signs shall be prohibited. Additional specifications for sign placement are found in § 92.037.

District	Use	Type of Sign	Maximum Area (Wall )	Maximum Area (Ground- Mounted)	External or Internal Illumina tion	Maxim um Height	Total Number
HMD	Medical	Wall and ground - mounte d	20%	120 square feet (32 square feet)	External or Internal	7 feet	1 per street front
SCD NSD	Shoppin g center directo ry	Ground - mounte d or pole	N/A	120 square feet	External or Internal	35 feet	1 per street front; no closer than 100 feet
SCD NSD	Shoppin g center out- parcels	Wall; ground - mounte d or pole	20%	120 square feet (120 square feet)	External or Internal	35 feet 15 feet	1 per street front
GHBD MUSCD	General	Wall; ground - mounte d or pole	20%	120 square feet (120 square feet)	External or Internal	40 feet	1 per street front or 1 per busine ss per 100 feet
NBD	General	Wall; ground - mounte d or pole	20%	120 square feet (120 square feet)	External or Internal	40 feet	1 per street front
LID HID	General	Wall; ground - mounted or pole	20%	120 square feet (120 square feet)	External or Internal	35 feet	1 per street front
I-O		Wall; ground - mounte d	80 squar e feet	80 square feet	External or Internal	8 feet	1 per street front
Note: Distance set-back right-of-way will apply.

(C)(1) The aggregate area of all wall signs per premises may be increased based on the distance the principle building is set back from the existing right-of-way. No increase shall be permitted if used in conjunction with a ground-mounted sign.

(2) The increase shall be in accordance with the following table:

Principal Building Distance Setback from Existing Right-of-Way	Allowed Aggregate Wall Sign Area Increase
0 - 99 feet	0%
100 - 249 feet	50%
250 - 349 feet	75%
350 feet +	100%

(D) One A-frame or pedestal sign or other similar sign. Sign must be at least five feet from the road right-of-way. Sign area not to exceed 12 square feet on each side and total height must be less than five feet from the ground.

(E) One A-frame or pedestal sign or similar sign. Sign must be at least five feet from road right-of-way. Sign area not to exceed 32 square feet on each side and total height must be less than five feet from the ground. In addition, the following must be met:

(1) Five-lane highway.

(2) Speed limit of 45 mph or greater.

(3) Minimum lot width of 200 feet.

(F) One flag sign that does not exceed 15 square feet or one non-traditional flag sign (e.g. feather flag, flutter flag, bowhead banner) that does not exceed three feet in width and that has a pole with a maximum height of ten feet above the ground.

(Ord. 01-44, passed 12-17-01; Am. Ord. 04-52, passed 11-15-04; Am. Ord. 05-30, passed 7-18- 05; Am. Ord. 06-22, passed 8-21-06; Am. Ord. 11-24, passed 7-18-11; Am. Ord. 13-01, passed 1-22-13; Am. Ord. 15-12, passed 5-4-15; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80

§ 92.044 NONCONFORMING SIGNS.

(A) Except as herein provided, nonconforming signs that were otherwise lawful on the effective date of this subchapter may be continued.

(B) No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign or causes a previously conforming sign to become nonconforming.

(C) A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this subchapter. Once a nonconforming sign is removed from the premises or otherwise taken down or moved, the sign may only be replaced with a sign that is in conformance with the terms of this subchapter.

(D) Minor repairs and maintenance of nonconforming signs necessary to keep a nonconforming sign for a particular use in sound condition are permitted so long as the nonconformity is not in any means increased.

(E) If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this subchapter, and the remnants of the former sign structure shall be cleared from the land. For purposes of this section, a nonconforming sign shall be considered "destroyed" if it receives damage to an extent of more than 50% of the sign's value immediately prior to the sign having received the damage.

(F) Notwithstanding other provisions contained in this section, the message of a nonconforming sign may be changed so long as this does not create any new nonconformities.

(G) (1) If a nonconforming on- premises sign that advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity has for a period of at least 180 days not been operated, conducted, or offered, that sign shall be deemed abandoned and shall be removed or brought into compliance by the sign owner, property owner, or other party having control over such sign within 30 days after the 180-day period has expired.

(2) Notwithstanding the above, if there is a change of name of business on a particular piece of property, and there were one or more on-premises nonconforming signs which advertised the former business or use, any new signs used, and all new sign faces for the new use or business, must meet all sign requirements for the underlying zoning district.

(H) (1) If a nonconforming sign remains blank for a continuous period of 180 days, that sign shall be deemed abandoned and shall, within 30 days after such abandonment, be altered to comply with this subchapter or be removed by the sign owner, owner of the property where the sign is located, or other person having control over such sign.

(2) For purposes of this subchapter, a sign shall be deemed "blank" if:

(a) It advertises a business, service, commodity, accommodations, attraction, or other enterprise or activity that is no longer operating or being offered or conducted; or

(b) The advertising message it displays becomes illegible in whole or substantial part; or

(c) It does not contain an advertising message. (For such purposes, the terms "Sign For Rent," "Sign For Lease," "Sign for Sale," etc. shall not be deemed to be an advertising message).

(I) All nonconforming signs shall be removed within ten years following the effective date of this subchapter.

(Ord. 01-44, passed 12-17-01; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80

§ 92.045 SUBDIVISION AND INDUSTRIAL PARK MARKERS.

Name markers may be constructed and maintained within street rights-of-way at the entrance of the street leading into the subdivision or industrial park upon the following conditions:

(A) Location of the marker shall be approved by the Zoning Enforcement Officer and shall be constructed and maintained in a manner that will not obstruct the line of sight of motorists approaching the street with which the entrance street intersects or impede the customary and usual maintenance of either street.

(B) The marker must meet all zoning and sign requirements.

(C) Where a marker involves a state maintained street or road, the developer of the subdivision or industrial park shall first obtain the approval in writing of the State Department of Transportation.

(D) The cost of maintaining the marker and the area surrounding the marker shall be the responsibility of the developer of the subdivision or industrial park. Failure to maintain the marker or the area surrounding the marker shall be cause for the Zoning Enforcement Officer to require the marker to be removed, the cost of which shall be borne by the developer of the subdivision or industrial park. Any person aggrieved by an order of the Zoning Enforcement Officer to remove a marker may appeal the decision to the City Council within 20 days from the date of service of the notice of removal.

(Ord. 89-5, passed 5-15-89; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)

§ 92.046 INDUSTRIAL PARK GROUP SIGNS.

A sign may be placed at the entrance of an industrial park consisting of the individual businesses located within the park regardless of current ownership of industrial lots. The sign shall not exceed 120 square feet.

(Ord. 94-02, passed 2-21-94; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)