(a)   Purpose of sign regulations. The purpose of this article is to provide sign standards and restrictions which allow for the legitimate needs for identification of residential, office, commercial, industrial and other activities while at the same time promoting signs which do not unduly detract from the overall aesthetics of the community; which reduce intrusions and protect property values; which provide for improved public safety by minimizing undue distraction of the motoring public; which provide standards for the erection and maintenance of signs; which provide for the protection and enhancement of the tourist industry by promoting a more harmonious and pleasing community image; which provide equitably for the nature and scale of the activities to be identified; and which generally enhance and strengthen the economic stability of the City of Asheville.

(b)   Scope. The provisions of this article shall apply to the erection and maintenance of all signs and sign structures within the jurisdiction of the City of Asheville as set forth in subsection 7-1-3(a), and it shall be unlawful following the effective date of this article to erect, maintain, or alter any sign or sign structure except in conformance with provisions of this article.

(a)   Administration. The planning and development department of the City of Asheville shall be responsible for the administration and enforcement of this article. The director of planning and development shall appoint a sign administrator to administer and enforce the terms and conditions of this article and all other provisions of laws relating to signs. The duties of the sign administrator shall include not only the issuance of permits as required in subsection 7-13-2(b), but also enforcement of the provisions of this article.

(b)   Permit requirements.

(1)   General requirements. Except as otherwise provided in subsections 7-13-2(c) and 7-13-2(d) it shall be unlawful to erect or maintain any sign or sign structure without first obtaining a sign permit. Further, no permit for a new sign may be issued on a property until any residual sign structure from a previous sign no longer in use has been removed.

(2)   Licenses.

a.   Sign contractor's license. No person shall engage in the business of erecting or maintaining signs in the City of Asheville unless said person has been issued a sign contractor's license which has not expired at the time said work is done. This requirement shall be interpreted to exclude those persons who construct and erect a principal use identification sign when that sign is used at that person's place of business, provided all construction and installation is properly permitted and inspected for compliance with the applicable building codes of the City of Asheville and other provisions of this chapter.

b.   Outdoor advertising license. No person shall erect or maintain off-premises advertising structures in the City of Asheville unless said person has been issued an outdoor advertising license which has not expired at the time said work is done. In order to obtain an outdoor advertising license, the licensee must be a licensed sign contractor, as described in subsection 7-13-2(b)(2)a. above, and must submit annually upon renewal of this license a listing of all sign structures leased, owned or maintained by the licensee. Such list shall give the specific location of each sign by reference to lot number as indicated on the Buncombe County tax maps and by reference to the name of the property owner.

(c)   Signs exempt from regulation. Unless otherwise prohibited hereinafter in subsection 7-13-3(a) or section 7-13-6, the following signs are exempt from regulation under this article:

(1)   Signs which are not designed to be visible beyond the boundaries of the lot upon which they are located and/or from any public thoroughfare or right-of-way, except as such signs may be regulated hereinafter.

(2)   Official governmental notices and notices posted by governmental officers in the performance of their duties; governmental signs; and signs installed under governmental authority which note the donation of buildings, structures or streetscape materials (such as, but not limited to, benches, trash cans, lampposts and park facilities).

(3)   Flags, with insignia of any nation, organization of nations, state, county or city, any religious, civic or fraternal organization, or any educational or cultural facility and/or any one corporate flag per lot.

(3.1)   American flags flown in accordance with federal guidelines set forth in Title 4, Chapter 1 of the United States Code.

(4)   Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, local or religious holiday/celebration.

(5)   Temporary or permanent signs erected by public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices or signs providing directions around such conditions.

(6)   Merchandise, pictures or models of products or services which are incorporated as an integral part of a window display.

(7)   Unless such signs are used in a manner prohibited under section 7-13-3 hereinafter, signs displayed on trucks, buses, trailers, or other vehicles which are being operated in the normal course of a business, such as signs indicating the name of the owner or business and which are affixed or painted onto moving vans, delivery trucks, contractors' vehicles and equipment and the like, are exempt from regulation, provided that, when not being so operated, such vehicles are parked or stored in areas appropriate to their use as vehicles and in such a manner and location on the lot so as to minimize their visibility from any street to the greatest extent feasible. All such vehicles must have current and valid registration and inspection.

(8)   Trademarks or product names which are displayed as part of vending machines, dispensing machines, machines and gasoline pumps.

(9)   Signs required for or specifically authorized for a public purpose by any law, statute or ordinance. These signs may be of any type, number, area, height above grade, location or illumination authorized by law, statute or ordinance under which such signs are required or authorized.

(10)   Signs that display information pertinent to the safety or legal responsibilities of the general public with regard to a particular piece of property shall be located on the premises to which the information pertains. No advertising may be affixed to such a sign.

(11)   Signs attached to buildings existing as of August 28, 1990 which identify buildings and which are permanently integrated by etching, embossing and/or engraving or which are otherwise permanently made a part of building façades. These signs specifically include, but are not limited to, commemorative cornerstones.

(12)   Signs designated to be historically significant and/or landmark signs by the city council provided the signs satisfy one or more of the following criteria:

a.   The sign is significant to the history of the City of Asheville, including, but not limited to, the character of the city as a tourist attraction or cultural center.

b.   The sign is unique, notably aesthetic, or creative so as to make a significant contribution as a work of art.

c.   The sign merits recognition as an important example of technology, craftsmanship, materials or design of the period in which it was constructed and may no longer be economically feasible to produce or manufacture the sign today.

(13)   Temporary signs providing directions or other information in conjunction with a community festival or event permitted under section 16-97 of the Code of Ordinances of the City of Asheville.

(14)   Signs affixed to windows of vehicles displaying the terms of sale of said vehicles.

(15)   Signs approved as part of the city's officially adopted Wayfinding program.

(d)   Signs exempt from permit requirements. The following signs are allowed in all zoning districts and shall not require a sign permit. However, such signs shall conform to the requirements set forth below as well as to other applicable requirements of this article.

(1)   Real estate signs. Temporary signs advertising the sale, rental or lease of the property on which said signs are located are allowed, provided such signs are nonilluminated and do not exceed two signs per lot, do not exceed four feet in height and do not exceed four square feet per face for property zoned residential or do not exceed eight feet in height and do not exceed 32 square feet per face for property zoned other than residential. All such signs shall be removed within seven days after the closing of the sale, rental, or lease of the property. A minimum setback of ten feet is required for any real estate sign greater than ten square feet per face. There is no minimum setback requirement for real estate signs containing ten square feet or less.

(2)   Commemorative signs. Commemorative signs which do not exceed eight square feet per face in area and eight feet in height.

(3)   Directional signs. Directional signs shall be located on the premises to which directions are indicated. Directional signs shall not exceed four square feet per face, two faces per sign, and shall not exceed three feet in height if freestanding. Directional signs shall not be located on the roof of any structure. The maximum number of directional signs allowed per lot shall be four. These signs may be internally or externally illuminated.

(4)   Incidental signs. Signs containing information necessary or convenient for persons coming on to a premises shall be located on the premises to which the information pertains. No advertising may be affixed to such a sign and these signs shall be single-faced only and wholly attached to a building (including the windows or doors). If advertising (name or logo) is used on these signs it shall be computed as part of the total allowable signage for a lot.

(5)   Copy changes and maintenance. No permit shall be required for copy changes made to a changeable copy sign, menu board, marquee sign or off-premises sign; provided any such changes do not change the classification of the sign under this article.

(6)   Political signs. Signs for candidates or election for issues on a ballot shall be allowed in any zoning district providing such signs do not exceed equity square feet in area per display face and two faces per sign. All such signs may not be erected prior to 30 days before the first official day of polling for the appropriate primary, or 45 days before the appropriate general or run-off referendum and must be removed within five days after the primary, general or run-off election or referendum. Provided, however, nothing herein shall prohibit the use of off-premises signs for such candidates or issues according to the restrictions for such signs in zoning districts where they are permitted. Such off- premises signs shall not be subject to the time limits for erection prior to removal following any election. In all cases, the property owner and the political candidate shall be equally responsible for the removal of the signs.

(7)   Construction signs.

a.   Freestanding construction signs: Shall be allowed provided such signs do not exceed one sign per street frontage with a maximum of two signs per construction site. Such signs shall not exceed four square feet in area per display face, two faces per sign for single-family or duplex residential construction or 32 square feet in area per display face for multi-family residential or non- residential construction, and a maximum of ten feet in height. A minimum setback of ten feet is required.

b.   Construction signs attached to construction screening: When used in lieu of a freestanding construction sign, construction signage may be attached to construction screening materials. Signs may only show the following:

i.   Images and/or renderings of the project as it is to be constructed;

ii.   Approved site and/or landscaping plans;

iii.   The name and contact information of developer(s), contractors and/or financiers engaged in work on the site.

c.   Construction signs shall not be erected prior to the issuance of a building grading permit and shall be removed within seven days of the issuance of a certificate of compliance.

(8)   Automatic teller machine signs. Signs contained on automatic teller machines which do not exceed 15 square feet in area per machine.

(9)   Push cart signs. Signs contained on vendor push carts which do not exceed 15 square feet in area per push cart.

(10)   Umbrella signs. Umbrella signs are non-illuminated signs painted or printed on umbrellas. The umbrellas on which such signs are painted or printed shall be located only at lawfully permitted outdoor eating or drinking places. Umbrellas shall not be erected at an acute angle for the purpose of serving as signage. Umbrella signs shall be located on the umbrella itself and shall not be suspended from or otherwise hang from an umbrella. The signage contained on any one umbrella sign shall not exceed 25 percent of the surface area of the umbrella cloth.

(11)   Noncommercial messages. Any sign, display, or device allowed under this article may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with size, lighting, and spacing requirements of this article.

(12)   Business signs on vehicles. Signs displaying a business name, trademark, or other identifier shall be allowed provided the vehicles are moved periodically during the normal course of business and maintain a current and valid registration and inspection. When not in use and parked on the business property, said vehicles are to be parked in properly striped parking spaces or loading zones and shall not obscure the visibility of any adjacent business sign(s). When parked off-site, said vehicles shall be parked in such a manner so as to minimize their visibility from the street and other public properties.

(13)   Advertisements on city buses. Advertisements on city buses must be consistent with current city policy.

(14)   Signs for temporary uses. Signs shall be allowed in conjunction with lawfully established temporary uses in all districts. Such signs must be located on the parcel on which the temporary use is occurring and may be attached or freestanding. Portable or moveable signs are not permitted. Temporary uses may be permitted up to two signs. These signs shall not exceed a cumulative total of 32 square feet in area in nonresidential districts or on property occupied by an institutional use in a residential district. In residential districts, signs for temporary uses, other than those on properties occupied by an institutional use, shall not exceed a cumulative total of four square feet in area. Signs for temporary uses are allowed for the duration of the temporary use.

(1)   Signs on roadside appurtenances. On- or off-premises signs on roadside appurtenances, including, but not limited to roadside benches, bus stop shelters, planters, utility poles, trees, parking meter poles and refuse containers, with the exception of commemorative signs or governmental signs.

(2)   Signs located in the city right-of-way. Unless otherwise provided for in this article, all signs whether temporary or permanent, within any street right-of-way are prohibited; provided, further, projecting signs and community identification signs, which are permitted under subsection (b) hereafter, are not prohibited. In addition, signs providing directions to places of worship, public auditoriums, or to properties designated as local or national historic properties are not prohibited provided they meet the following standards: they may be double-faced and no larger than two square feet per face, two faces per sign, and limited to nine feet in height, with the maximum height to be determined by city staff based on such factors as, but not limited to, topography and sight distance at or near to the sign location, and shall be allowed only by permit issued by the city planning and development department in conjunction with approval from the city's traffic engineer, and shall be limited to two signs permitted per church, public auditorium, or historic property.

(3)   Signs or advertisements on vehicles. Signs or advertisements placed on vehicles or trailers that are parked or located for the primary purpose of displaying said sign are prohibited.

(4)   Roof signs. Roof signs are prohibited; provided, however, signs on the surfaces of a mansard roof and on parapets shall not be hereby prohibited provided the signs do not extend higher than the height restriction for on-premises freestanding signs in the zoning district in which the sign is located and provided that the signs do not extend above the mansard roof or parapet to which they are attached. The triangular portion of the wall enclosed by the sloping ends of a gable roof will be considered to be a part of the building wall.

(5)   Wind signs. Wind signs as defined under section 7-2-5 of this chapter shall be prohibited except as allowed in subsections 7-13-4(a)(8) and (13) of this article.

(6)   Off-premises signs—Some districts. Off-premises signs in all single-family residential zoning districts and in the Office, Office Business, Community Business I, Neighborhood Business, and Central Business Districts.

(7)   Off-premises signs—Historic districts/properties. Off-premises signs in national and local historic districts or on national or local historic properties.

(8)   Off-premises signs along scenic drives. Off-premises signs designed to be visible from streets designated by the Asheville City Council as "scenic drives" and/or "parkways."

(9)   Off-premises signs along federal aid primary and interstate system. Off-premises signs which are within 660 feet of the nearest edge of the right-of-way and visible from the maintained traveled way of the federal aid primary and interstate system, all as described in the Federal Highway Beautification Assistance Act of 1979, as amended, and which are constructed or erected on or after the effective date of this chapter. Provided, further, off-premises signs located specifically as described hereinbefore which were erected prior to the effective date of this chapter are not prohibited from continuing, not withstanding their nonconformance with regulations of this chapter, other than conformance with the maintenance provisions set forth in section 7-13-6 hereinafter.

(10)   Signs of illusion. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion.

(11)   Signs resembling traffic signals. Signs displaying intermittent light resembling the flashing light customarily used in traffic signals, or used by police, fire ambulance, or other emergency vehicles, nor shall any sign use the word "stop," "danger," or any other words, phrase, symbol, or character in a manner that might be misconstrued as a public safety warning or traffic sign.

(12)   Animated signs and flashing signs.

(13)   Abandoned signs or sign structures.

(14)   Signs obstructing access. Signs which obstruct free ingress to or egress from a driveway or a required door, window, fire escape or other required exitway.

(15)   Sandwich board signs. Except in the Central Business District as permitted under the standards for A- frame signs found in subsection 7-13-4(a)(8) of this chapter.

(16)   Portable or moveable display signs.

(17)   Flags, decorative or otherwise, may not be used in conjunction with a commercial promotion or as an advertising device, or as an integral part of a sign regulated under this article. Flags that comply with the provisions as set forth in section 7-13-2(c)(3) of this chapter are not subject to this subsection.

(18)   Snipe signs. See section 10-101 of the City of Asheville Code of Ordinances.

(19)   Non-conforming, off-premises signs - Digital. Digital, non-conforming, off-premises signs are prohibited within the City of Asheville's jurisdiction. Any existing digital, non-conforming, off-premises sign that was properly permitted may be maintained as a non-conforming sign but may not be replaced or relocated.

(a)   General provisions for on-premises signs. Following the effective date of this chapter, on-premises signs shall not be erected or maintained in any zoning district except in compliance with the provisions set forth in this chapter.

(1)   Computation of sign area.

a.   The area of a sign shall be considered to be that of the smallest figure consisting of no more than eight contiguous rectilinear lines which encompass all lettering, wording design or symbols, together with any background on which the sign is located and any illuminated part of the sign, if such background or such illuminated part of the sign is designed as an integral part of and related to the sign. Any cutouts or extensions shall be included in the area of the sign, but supports and bracing which are not intended as part of the sign shall be excluded. In the case of a multi-faced sign, the area of the sign shall be considered to include all faces visible from one direction.

b.   The space between one identification sign and one changeable copy sign on a signpost or structure or attached to a building shall not be included in the total square footage if both signs serve a single business located on the lot. The space between two or more changeable copy components of a sign or between two or more permanent copy components of a sign shall be included, however, in the total square footage of sign area allowed.

c.   Where three-dimensional figures are used as signs, the area shall be the total of all sides made an integral part of the projected figure used in conveying the intended message.

(2)   Reserved.

(3)   Encroachment into right-of-way. No part of any sign shall be located on or extended into a public right- of-way except as projecting signs are allowed by this article.

(4)   Certificate of appropriateness. A certificate of appropriateness from the historic resources commission shall be required prior to the issuance of a sign permit for all signs located in local historic districts and on historic landmark properties.

(5)   Time/date/temperature signs. Time, date and temperature signs which do not exceed ten square feet per face shall not be included in the allowable sign area, provided, however, if an existing freestanding sign is located on the lot, then the time, date and temperature sign must be incorporated into the existing freestanding sign. It shall be the responsibility of the owner of such signs to maintain such signs and insure that they are kept accurate. If these conditions are not met, the sign shall be repaired or removed.

(6)   Signs for nonconforming uses. Signs for nonconforming uses, where such uses may be continued, shall be allowed, but shall comply with all regulations for signs in the zoning district where such signs are located.

(7)   Illumination. Illuminated signs shall be subject to the following conditions:

a.   Any light used for illumination shall be shielded so that the beams or rays of light will not shine into surrounding areas or on the public roadway.

b.   Neither direct nor reflected light from any light source shall create a traffic hazard or distraction to operators of motor vehicles on public thoroughfares.

(8)   Temporary signs. Temporary signs shall be allowed in all nonresidential zoning districts as follows:

a.   Temporary signs which are affixed to the inside of a window and which do not exceed a cumulative total for all such signs of 16 square feet in area are allowed, without a permit, for each business.

b.   Temporary signs affixed to the inside of windows and which exceed a cumulative total for all such signs of 16 square feet in area or, temporary signs which are freestanding or attached to a structure, other than at the inside of a window, shall be allowed twice a year per business shall be allowed for up to 60 days or may be divided into to a maximum of six separate ten-day occurrences, not to exceed 60 days in total. These signs shall not exceed 32 square feet in area and shall require a sign permit and shall be allowed for a time period of 30 days for each sign permitted. No time extensions shall be granted.

c.   A-frame signs shall be permitted as temporary signs in the central business, neighborhood corridor, urban village, urban place, and urban residential zoning districts and the Biltmore Village Historic District provided that they comply with the following standards:

1.   A-frame signs shall be a minimum of 28 inches tall and shall not exceed 48 inches in height. A-frame signs shall not exceed 24 inches in width. The A-frame structure shall be a minimum of 18 inches in width.

2.   Businesses are permitted one A-frame sign per operable public entrance located on separate road frontages, in addition to all other signage permitted by this chapter provided all requirements for A-frame signs set forth in this section are met.

3.   A-frame signs shall contain information and advertising for the business placing the sign only and shall not contain any endorsement or logos for any other business.

4.   A-frame signs shall not block building entrances or exits and shall meet wind and safety standards.

5.   A-frame signs shall have a locking arm or other device to stabilize the structure.

6.   A-frame signs shall comply with requirements of Chapter 10 of the North Carolina Accessibility Code.

7.   A-frame signs shall be displayed only during the hours of operation of the business being advertised.

8.   A-frame signs shall be located abutting the building or the curb of the street.

9.   A-frame signs shall not block access to parking spaces or block traffic lanes.

10.   Prior to the placement of an A-frame sign, the business placing the sign shall provide verification of an insurance rider with the City of Asheville in the amount of $1,000,000.00.

11.   A minimum sidewalk clearance of six feet in width must be maintained.

12.   A-frame signs shall comply with the sight visibility triangle requirements set forth in section 7-11-3 of this chapter.

13.   A temporary sign permit shall be required for A-frame signs in accordance with subsection 7-13-2(b) of this chapter. The temporary sign permit for A-frame signs shall be valid from time of issuance until the annual renewal of A-frame sign permits which occurs on July 1st of each year.

14.   Businesses with street level public access shall place their A-frame sign(s) within the tenant frontage of the business.

15.   Multi-tenant developments shall be permitted one A-frame sign per each common exterior public business entrance.

16.   A-frame signs shall not be internally illuminated.

17.   A-frame signs shall be spaced a minimum of 15 linear feet from all other permitted A-frame signs.

18.   The City of Asheville may require the temporary removal of A-frame signs for special events.

d.   Signs made of a temporary material may be permitted as a permanent sign for a period of up to six months, with a possible extension of up to an additional six months as approved by the planning director, provided all other applicable standards are met.

(9)   Inflatable balloon sign. One inflatable balloon sign shall be allowed per commercial or industrial zoning district, limited to once a year per business. This limitation shall not apply, however, to community festivals or events permitted by the City of Asheville pursuant to section 16-97 of the Code of Ordinances of the City of Asheville. Further, inflatable balloon signs shall not be internally illuminated; shall not be higher than 25 feet above grade; and shall not be erected or maintained on a building parapet or roof. The time allowed for these signs shall not exceed ten days. These signs shall be located on either an attached, tethered or freestanding structure. The sign and its structure shall not block or inhibit the visibility of vehicular traffic or in any way pose a danger to pedestrians or vehicular traffic or property. The sign may advertise a product, service, or sponsor affiliated with the event or the event itself.

(10)   Visibility. No sign or structure shall be erected or maintained to impede safe and adequate visibility from vehicles or for pedestrians.

(11)   Signs for tall buildings. Buildings which are seven stories or greater in height shall be allowed one wall sign per side, not to exceed four sides, which signs shall be located at the seventh story or above and shall not exceed 125 square feet per sign. These signs shall be in lieu of and not in addition to the attached signs permitted for the zoning district wherein the building is located; provided, however, individual tenants with building frontage at the first floor (or street level) only shall be allowed tenant identification signs as set forth in subsection 7-13-4(c) hereinafter.

(12)   Additional freestanding sign. Any business which has street frontage of less than 50 feet along a street shall be allowed one additional freestanding sign on its lot provided that the additional freestanding sign was erected under a valid permit prior to August 28, 1990 and, provided further, that one of the freestanding signs is located more than 200 feet from the street and that both freestanding signs conform with the provisions of this article.

(13)   Wind signs. Wind signs shall be permitted in the central business district, in local historic districts, and in Level II and Level III projects developments which are retail shopping centers subject to the following regulations:

a.   Wind signs shall be limited to one sign per pole, mastarm or other device and maintained in good condition without fraying, tearing or fading.

b.   Wind signs shall be constructed of nylon, canvas or plastic material.

c.   Each wind sign must be at least eight square feet in area and less than 24 square feet in area and all banners on the same lot must be consistent in colors and materials.

d.   No wind sign may contain a commercial advertising message, name, or logo.

e.   Clearance over sidewalks shall be a minimum of nine feet and clearance over streets, alleys or driveways shall be a minimum of 14 feet.

(14)   Light emitting diode (LED) signs. LED signs shall be permitted for all changeable copy, time and temperature, and marquee signs as defined in 7-2-5 of this chapter and are subject to the following regulations:

a.   All digital LED signs must comply with all other applicable standards set forth in this article.

b.   No sign may be placed within 100 feet of a residential zoning district.

c.   The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. The image shall be static with all animation, streaming video, flashing, scrolling, fading, and other illusions of motion otherwise prohibited.

d.   No sign shall be brighter than is necessary for clear and adequate visibility and shall not exceed a maximum of 5,000 nits during the day and 500 nits during nighttime hours.

e.   No sign may display light of such intensity or brilliance to cause glare or otherwise impair the vision of the driver or result in a nuisance to a driver.

f.   No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal.

g.   All signs must be equipped with both a dimmer control and a photocell that automatically adjusts the display's intensity according to natural ambient light conditions.

h.   Prior to issuance of a sign permit, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed 5,000 nits and that the intensity level is protected from end-user manipulation by password-protected software or other method determined appropriate by the planning director.

i.   No more than fifty percent of the allowable detached sign face may be devoted to a digital changeable copy sign. Theaters and other public event facilities may exceed this standard so that eighty percent of the sign may be devoted to the digital marquee sign.

j.   All digital marquee signs located in the Central Business District (CBD) must be reviewed by the downtown commission for conformance with all applicable design guidelines prior to the issuance of a new sign permit.

k.   The images and messages displayed on a digital marquee sign in the CBshall remain static for a minimum of six seconds.

l.   Digital or LED changeable copy messages shall remain static for a minimum of four hours.

m.   Any sign found to be out of compliance with any standard of this section must be stopped immediately. Failure to comply would constitute non-compliance and would be subject to enforcement action set forth in subsection 7-18-2(b)(1).

(15)   Real estate signs on multi-story buildings. Any building with three or more stories may be permitted one real estate banner provided that they comply with the following standards:

a.   Must be made of a lightweight, flexible, all-weather material.

b.   Signs shall be displayed for a period of time no greater than 120 days.

c.   The square footage of the sign shall be a maximum of ten percent of the square footage of the wall face from which it hangs. Wall face measurements shall exclude elevator and stairwell towers, maintenance rooms and structured parking.

d.   Regardless of wall face measurements, no sign may exceed 400 square feet.

e.   Sign shall not hang lower than twenty feet above grade.

f.   Sign shall be attached to the building for which it is advertising available space.

g.   Signs shall not block or cover windows, mechanical openings, or interfere with equipment.

h.   Sign should reflect the proportions of the wall on which it is attached. For example, a wall that is taller than wide shall dictate a sign that is the same.

i.   No more than 20 percent of the sign face may be used to advertise a real estate office or logo, excluding phone numbers.

j.   Large banner signs will be reviewed and permitted as permanent signs and shall meet all applicable standards of the NC Building Code & Fire Code.

(16)   Special event signage. Members of a business association or civic group may place a single temporary sign for a special event on their property subject to the following requirements:

a.   The duration of the event shall not exceed three days.

b.   The sign is located on-premises.

c.   The sign may be an attached sign or a wind sign.

d.   The size of the sign or wind sign is limited to 12 square feet per face with two faces permitted.

e.   The permit may cover a single event or a recurring series of events for a period not to exceed 30 days on a yearly basis.

f.   Wind signs placed over sidewalks shall be at a minimum of nine feet and clearance over driveway areas shall be a minimum of 14 feet.

(b)   On-premises signs: Single tenant development. The following sign regulations shall be applicable within the zoning districts indicated for single tenant development. Any sign not specifically allowed shall be deemed as prohibited.

(1)   Signage for all residential zoning districts (RS-2, RS-4, RS-8, RM-6, RM-8, RM-16).

a.   Signs allowed for nonresidential uses (excluding home occupations) within these zoning districts may be either:

b.   One business or product identification sign is allowed per lot for nonresidential uses. For freestanding or attached signs, the total allowable area per face of selected signs (excluding home occupation signs) shall not exceed 15 square feet per face, with two faces per sign allowed. Signs may be either internally or externally illuminated. Additionally, the following requirements must be met based on the type of sign selected.

1.   If freestanding pole or ground: The sign shall be a maximum of six feet in height with a minimum setback of ten feet. Signs shall not be located within any public right-of-way and shall not be located within a sight visibility triangle.

2.   If projecting: Sign (excluding awning/canopy signs) shall not project more than three feet from the façade of the building. Clearance over sidewalks shall be at a minimum of nine feet and clearance over streets, alleys, or driveways shall be at a minimum of 14 feet. Signs shall not project above the third story of the building or above the building soffit, eave line, or building parapet.

3.   If window: Only permanent identification signs are allowed as window signs; provided, however, temporary signs which are placed in or on windows shall be allowed when complying with section 7-13-4(a)8. hereinbefore. Window signs are not allowed above the third story of a building.

4.   If wall: Maximum projection from a wall shall be 12 inches.

5.   If suspended or transom: Clearance over sidewalks shall be a minimum of nine feet.

c.   Subdivision and multi-family development identification signs may contain the name of the development only and must either be freestanding ground signs or attached wall signs. If the signs are freestanding ground signs, the height shall be limited to six feet from grade and the minimum setback shall be ten feet. Only two entrances to the development may have a sign. The main entrance sign shall have no more than 16 square feet per face, two faces per sign. The secondary entrance sign shall have no more than eight square feet per face, two faces per sign. Only two sign faces shall be allowed at each entrance, however, said sign faces may be on two individual sign structures.

d.   Places of worship, schools and institutions located in residential zoning districts are allowed a total of 60 square feet of signage to be located on a maximum of two signs, only one of which may be freestanding. One of the allowed signs may contain a changeable copy panel. No signs may contain more than 30 square feet per face with two faces per sign and a maximum of six feet in height and a minimum setback of ten feet.

e.   Attached home occupation signs shall not exceed one square foot per face, with no more than two faces per sign, and shall not be illuminated.

f.   Community identification signs are allowed provided they contain the name of the community and must be either a freestanding pole or a ground sign. The height of the sign shall be limited to nine feet, measured from grade to the top of the sign, with the maximum height to be determined by city staff based on such factors as, but not limited to, topography and sight distance at or near the sign location. The minimum setback shall be ten feet from the leading face of the curb or edge of the pavement of the street to the closest portion of the sign. These signs shall be allowed within a city street right-of-way upon issuance of a sign permit by the city planning and development department and with the approval of the city's traffic engineer. Additionally, the sign owner shall provide written notification to the immediately adjacent property owner at the same time an application is submitted to the city for such sign in the right- of-way.

(2)   Signage for all nonresidential zoning districts.

a.   Signs allowed in nonresidential zoning districts may be either:

b.   The sign(s) shall meet the following requirements based on the zoning district in which it is located.

c.   Two business or product identification signs are allowed per lot, only one of which shall be a freestanding pole or ground sign, however, the allowed square footage of an attached sign may be divided into a maximum of two signs. Corner lots are allowed one additional attached sign on separate street frontage. Signs may be internally or externally illuminated. Freestanding signs may have a maximum of two faces per sign.

d.   Reserved.

e.   Setbacks for freestanding pole or ground signs shall be a minimum of ten feet. However, in the event that the board of adjustment grants a variance for a sign to be larger than 125 square feet, the minimum setback requirement would be 15 feet. There shall be no minimum setback requirement for freestanding signs in the central business district. Signs shall not be located in any public right-of-way and shall not be located within a sight visibility triangle.

f.   If projecting: Signs excluding awning/canopy signs) shall not project more than three feet from the façade of the building. Clearance over sidewalks shall be at a minimum of nine feet and clearance over streets, alleys, or driveways shall be at a minimum of 14 feet. Signs shall not project above the third story of the building or above the building soffit, eave line, or building parapet.

g.   If suspended or transom: Clearance over sidewalks shall be a minimum of nine feet.

h.   If window: Only permanent identification signs are allowed as window signs; provided, however, temporary signs which are placed in or on windows shall be allowed when complying with subsection 7-13-4(a)(8) hereinbefore. Window signs are not allowed above the third story of building.

i.   If wall: Maximum projection from a wall shall be 12 inches.

j.   If menu board: One external menu boards with one face is allowed per drive lane with a maximum of two per restaurant (in addition to its allowed signage as previously described). The total sign area for a menu board shall not exceed 32 square feet. These signs shall not be located so that the copy is designed to be visible to vehicular traffic from the roadway. The minimum setback shall be ten feet.

k.   For any lot which has no street frontage along, but which is within 400 feet of the edge of the paved portion of Tunnel Road, Patton Avenue, or Hendersonville Road, the permitted size and height of a freestanding sign on that property shall be allowed to be increased by 20 percent of the allowed square footage and height for that zoning district. Provided, however, that any sign so constructed shall be at least 100 feet from the nearest edge of the paved portion of the roads listed hereinbefore.

l.   In the central business district (CBD), marquee signs shall be allowed as an exception to the square footage allowed above. Marquee signs shall be allowed a maximum of 95 square feet per face, two faces per sign, for the allowed freestanding or attached sign. Marquee signs must meet the criteria as set forth by the definition of marquee sign in section 7-2-5 of this chapter and height and placement standards outlined in section 7-13-3(2).

(3)   Commercial subdivision signs. In all non-residential zoning districts, major commercial subdivisions that have been approved by the planning and development director (or his designee) will be allowed one freestanding sign that advertises the name of the subdivision. Such sign shall not exceed 60 square feet in area per face, with a maximum of two faces per sign, and is limited to eight feet in height, with a ten- foot minimum setback requirement. Commercial subdivision signs must advertise the name of the subdivision. However, tenants within the subdivision may also advertise on the sign, provided that said tenants utilize 50 percent of the allowed square footage or less. At least 50 percent of the allowed square footage must be used to advertise the name of the subdivision. Such a sign must be located on a parcel that is associated with the approved subdivision. This sign shall be allowed in addition to the signage allowed hereinbefore.

(c)   On-premises signs: multiple tenant development: The following sign regulations shall be applicable within the zoning districts indicated for multiple tenant development. Any sign not specifically allowed is prohibited.

(a)   Multiple tenant development may erect either a development identification or joint identification sign. In addition, tenant identification sign for individual tenants within a development are allowed.

(b)   For a multiple tenant development, the development itself is allowed one identification sign, either freestanding (maximum of two faces per sign), or attached for each property boundary with street frontage with a maximum of two identification signs allowed per development. All other permitted tenant identification signs as allowed in subsection 7-13-4(c)(b)2. must be attached to the building(s).

1.   Development and joint identification signs.

a.   Where a development or joint identification sign is selected, such as sign may be of the following types.

Freestanding: Pole (except in Urban Residential District), Ground, Changeable copy (except in Central Business District and Urban Residential District)

Attached: Wall, Projecting, Window, Awning/canopy, Suspended or transom

b.   The sign(s) shall meet the following requirement based on the zoning district in which it is located.

c.   Setbacks for freestanding development or joint identification signs in all zoning districts (except the Central Business District) shall be determined using the following requirements.

1.   Signs that are 125 square feet in area or less will be required a ten-foot minimum setback.

2.   Signs that are greater than 125 square feet in area will be required a fifteen foot minimum setback.

3.   There shall be no minimum setback requirement for freestanding identification signs in the Central Business District (CBD).

4.   Signs shall not be located within any public right-of-way and shall not be located within a sight visibility triangle.

2.   Tenant identification signs.

a.   Tenants in a multi-tenant development shall not be permitted to have their own freestanding sign. Tenant identification signs shall be of the following types of attached signs:

Wall

Awning

Projecting

Window

Suspended or transom

Changeable copy (except in Central Business District and Urban Residential District)

b.   One attached sign is allowed for each exterior public business entrance which must be located on the façade with the public entrance for that business. The total allowable sign area for the building frontage having the primary business entrance shall be 25 square feet or one square foot per one linear foot of said building frontage, whichever is greater, but in no event shall the area be greater than the maximum square footage per face allowed for a development or joint identification sign in the zoning district where the business is located. Each secondary business entrance shall be allowed a total sign area of one square foot per three linear feet of building frontage where the secondary business entrance is located. A maximum of two secondary business signs is allowed. Signs may be illuminated internally or externally.

c.   Where two tenants share a common entrance, each tenant will be allowed one attached sign, not to exceed 25 square feet, on the portion of the building that the tenant occupies. Where more than two tenants share a common entrance, each tenant will be allowed one window sign, not to exceed 25 square feet.

d.   If a tenant in a multi-tenant development subleases a space within the operational area of the unit to a sub-tenant, and the sub-tenant occupies less than 25 percent of the gross floor area of that unit, then the larger tenant will maintain its allowance for a tenant sign as provided in subsection (b). The subtenant will be allowed a tenant sign not to exceed 25 square feet. In the event that more than one sub-tenant exists, then all tenants will be limited to a 25 square foot window sign as described in the preceding subsection (c) regarding shared entrances.

e.   If wall: Maximum projection from a wall shall be 12 inches.

f.   If projecting: Signs (excluding awning/canopy and marquee signs) shall not project more than three feet from the façade of the building. Clearance over sidewalks shall be a minimum of nine feet and clearance over streets, alleys, or driveways shall be a minimum of 14 feet. Signs shall not project above the third story of the building or above the building soffit, eave line or building parapet.

g.   If window: Only permanent identification signs are allowed as window signs; provided, however, temporary signs which are placed in or on windows shall be allowed when complying with subsection 7-13-4(a)(8) hereinbefore. Window signs are not allowed above the third story of the building.

h.   If suspended or transom: Clearance over sidewalks shall be a minimum of nine feet.

(a)   General provisions for off-premises signs. Following August 28, 1990, off-premises signs shall not be erected, or maintained in any zoning district except in compliance with the provisions set forth in this article.

(1)   Computation of sign area.

a.   The area of a sign shall be considered to be that of the smallest rectangular figure which encompasses all lettering, wording, frame, design or symbols, together with any background on which the sign is located and any illuminated part of the sign, if such background or such illuminated part of the sign is designed as an integral part of and related to the sign. Any cutouts or extensions shall be included in the area of a sign, but supports and bracing which are not intended as part of the sign shall be excluded. In the case of a multi-faced sign, the area of the sign shall be considered to include all faces visible from one direction.

b.   Where three-dimensional figures are used as or on signs, the area shall be the total of all sides made an integral part of the projected figure used in conveying the intended message.

(2)   Encroachment into the right-of-way. No part of any sign shall be located on, or extended into, a public right-of-way unless it can meet the following criteria:

a.   The property is located along a city right-of-way with a width greater than 75 feet.

b.   No part of the sign footer or structure is located closer than 25 feet from the edge of pavement.

c.   The city's traffic engineer has determined that the sign would not create any traffic hazard.

d.   The sign does not conflict with any utility or traffic control device.

e.   The sign complies with all height and square footage allowances.

(3)   Illumination. Illuminated signs shall be subject to the following conditions:

a.   Any light used for the illumination shall be shielded so that the beams or rays of light will not shine directly into surrounding areas or on the public roadway.

b.   Neither direct nor reflected light from any light source shall create a traffic hazard or distraction to operators of motor vehicles on public thoroughfares.

(4)   Visibility. No sign or structure shall be erected or maintained to impede safe and adequate visibility from vehicles or for pedestrians.

(5)   Extensions. No extension(s) shall be allowed beyond those dimensions for the sign area as initially permitted.

(b)   Off-premises signs by zoning districts. The following sign regulations shall be applicable within the zoning districts wherein off-premises signs are allowed. Any sign not specifically allowed is prohibited.

(1)   Size. No off-premises sign shall exceed six square feet per directional flow of traffic 12 square feet total per sign structure). In no event shall the board of adjustment grant a variance to allow a larger off- premises sign.

(2)   Height. No off-premises sign shall exceed six feet in height.

(3)   Spacing.

a.   The minimum distance between any two sign structures shall be 1,000 linear feet on either side of the same street.

b.   No off-premises sign shall be located within a 200-foot radius of a school, place of worship, public park, national park and/or forest land(s) or bridge.

c.   No off-premises sign shall be located within nor cause obstruction to the sight visibility triangles of street intersections as described in subsection 7-11-3(g) of this chapter.

d.   No off-premises sign shall be located within a 100-foot radius of a property zoned single-family residential or property in a multi-family zone that is in single-family residential use.

e.   No off-premises sign shall be located within 50 feet of any building or on-premises sign.

(4)   Setback. Minimum setback shall be ten feet.

(5)   Reserved.

(c)   Second tier development signage. Properties located one lot back from a thoroughfare with no direct frontage and having shared access with adjacent or adjoining parcels may share space on an adjacent property's freestanding sign in lieu of the second tier property's freestanding sign allowance, or may erect a sign on that property (meeting second tier sign standards) with the permission of the property owner if no other sign is used on that property. This option limits allowances to those normally provided for under the applicable zoning district in which the sign is located and does not increase square footage allowances or render a single tenant property multi-tenant.

(a)   General. To insure that signs are erected and maintained in a safe and aesthetic manner, it shall be unlawful for any sign designed to be visible from any public street or highway within the jurisdiction of the City of Asheville to be erected or maintained by any person, other than by a sign contractor properly licensed under subsection 7-13-2(b)(2) or by a designated representative of such licensed contractor, except that this requirement shall be interpreted to exclude those persons who construct and erect a principal use identification sign when said sign is used at said person's place of business and to exclude licensed general contractors erecting signs as part of a permitted construction or renovation project; provided, however, in all cases, all erection must be properly permitted and inspected for compliance with the applicable codes of the State of North Carolina and the City of Asheville and with other sections of this article.

(b)   Maintenance requirements. The following maintenance requirements must be observed for all signs visible from any public street or highway within the jurisdiction of this article.

(1)   No sign shall have more than 20 percent of its surface area covered with disfigured, cracked, ripped or peeling paint or poster paper for a period of more than 30 successive days.

(2)   No sign shall be allowed to stand with bent or broken sign facing, broken supports, loose appendages or struts or be allowed to stand more than 15 degrees away from the perpendicular for a period of more than 30 successive days.

(3)   No sign shall be allowed to have weeds, vines, landscaping or other vegetation growing upon it and obscuring its view from the street or highway from which it is to be viewed for a period of more than 30 successive days.

(4)   No neon or internally illuminated sign may be allowed to stand with only partial illumination for a period of more than 30 successive days.

(5)   If a sign or sign structure is damaged due to factors other than vandalism or other criminal or tortuous acts such that more than 50 percent of the value is lost, with such determination made by the sign administrator, any repair or replacement must be done in conformance with this article. If a sign or sign structure is damaged due to vandalism or other criminal or tortuous acts, it may be repaired or replaced, regardless of cost, but must be repaired or replaced as previously permitted or if no permit exists, it must be repaired or replaced to the same specifications to which and with the same materials of which the sign was constructed immediately prior to the act which caused the damage.

(c)   Inspection. The sign administrator may inspect all signs for compliance with these maintenance requirements.

(a)   General. After the effective date of this chapter, it shall be unlawful for any person to erect any sign which does not conform to the requirements set forth in this article. This requirement shall not be construed so as to prohibit the painting, repainting or changing of the face of a sign, including changing the message, where the resulting sign is the same size, shape and height as the preceding sign and no other alteration and no expansion is made to the sign or sign structure.

(b)   Nonconforming signs - requirements for on-premises signs to come into compliance.

(1)   All nonconforming on-premises signs (and their sign structures) erected and located in the city's jurisdiction prior to August 28, 1990, which did not conform as of August 28, 1990, with the requirements of the sign regulations adopted in article 9 of Chapter 30 of the Code of Ordinances of the City of Asheville on October 21, 1977, shall remain subject to the nonconforming sign provisions set forth in article 9 of Appendix A - Zoning of the Code of Ordinances of the City of Asheville.

(2)   All nonconforming on-premises signs (and their sign structures) erected and located in the city's jurisdiction prior to August 28, 1990, and which did conform prior to August 28, 1990, with the requirements adopted in article 9 of Chapter 30 of the Code of Ordinances of the City of Asheville on October 21, 1977, or with the requirements adopted in article 9 of Chapter 30 of the Code of Ordinances of the City of Asheville on August 28, 1990, shall be allowed to remain in accordance with the provisions set forth herein.

(3)   Nonconforming signs and signs deemed conforming which were allowed to remain by the sign regulations adopted as part of the readoption of Ordinance No. 322, effective October 21, 1977, shall not be allowed to remain, in accordance with the provisions set forth herein, and shall be made conforming or removed no later than August 28, 1995.

(4)   All on-premises signs (and their sign structures) which are made nonconforming by a subsequent amendment to this article, or by amendment to the official zoning maps or by extension of the city's territorial jurisdiction (annexation), and which do not conform with the requirements of the sign regulations adopted in Article 9 of Appendix - A Zoning Code of the Code of Ordinances of the City of Asheville on October 21, 1977, shall be made conforming or removed according to the following schedule:

(5)   All on-premises (and their sign structures) which did not conform with the requirements of the sign regulations adopted in article 9 of Appendix A - Zoning of the Code of Ordinances of the City of Asheville on October 21, 1977, but which have been granted a permit prior to the effective date of this chapter as a result of a variance granted by the board of adjustment shall be allowed to remain in accordance with the terms of the variance granted.

(c)   Nonconforming signs - requirements for portable and moveable display signs and temporary signs.

(1)   All portable and moveable display signs (and their sign structures) which are made nonconforming by a subsequent amendment to this chapter or to the official zoning maps or by extension of the city's territorial or extraterritorial jurisdiction, shall be removed within 90 days of the effective date of said amendments or extensions.

(2)   All temporary signs (and their sign structures) which are made nonconforming by subsequent amendments to this article or to the official zoning map, or by extension of the city's territorial or extraterritorial jurisdiction, shall be removed within 90 days of the effective date of said amendments or extensions.

(d)   Nonconforming signs—requirements for off-premises signs.

(1)   All off-premises signs (and their sign structures) erected and located in the city's zoning jurisdiction prior to August 28, 1990, and which did not conform as of August 28, 1990, with the requirements of the sign regulations adopted in article IX of chapter 30 (Appendix A—Zoning) of the Code of Ordinances of the City of Asheville on October 21, 1977, shall remain subject to the nonconforming sign provisions set forth in article 9 of Chapter 30 (Appendix A—Zoning) of the Code of Ordinances of the City of Asheville; provided, that such sign may be included in a removal/relocation/reconstruction agreement pursuant to paragraph (g) below.

(2)   All other off-premises signs (and their sign structures) which do not conform with the sign regulations adopted on November 25, 1997 (Ordinance No. 2426), and which were erected prior to November 25, 1997, shall be deemed nonconforming and may not be altered or relocated except in a manner that conforms with the sign regulations adopted on November 25, 1997 (Ordinance No. 2426); provided, that such sign may be included in a removal/relocation/reconstruction agreement pursuant to paragraph (g), below.

(3)   All off-premises signs (and their sign structures) that are (i) made nonconforming by a subsequent amendment to the city's sign regulations; (ii) become nonconforming by an amendment to the city's zoning map; or (iii) become nonconforming by inclusion within the city's zoning jurisdiction, shall be deemed nonconforming and may not be altered, relocated or reconstructed except in a manner that conforms with the sign regulations adopted on November 25, 1997 (Ordinance No. 2426); provided, that such sign may be included in a removal/relocation/reconstruction agreement pursuant to paragraph (g), below.

(4)   In the event that a nonconforming off-premises sign has been made nonconforming by an extension of the sign area initially permitted for that sign, the extension shall not be allowed to continue after the copy which includes that extension has been changed.

(e)   Nonconforming signs — spacing as only nonconformity. All off-premises signs which conform within five years of the effective date of this chapter with all the requirements of this article, except with the spacing requirement set forth in subsection 7-13-5(b)(3)a., shall be considered as conforming to the terms of this article, and not subject to the foregoing removal requirements.

(f)   Nonconforming signs-prohibited actions. During the time periods set forth above for removal or conformance of nonconforming signs, sign structures, or uses, and unless otherwise provided in a removal/relocation/reconstruction agreement, such nonconforming signs, sign structures, or uses as described above shall be maintained as provided in section 7-13-6 but may not be:

(1)   Changed to or replaced by another nonconforming sign or sign structure;

(2)   Structurally altered (except to meet safety requirements).

(3)   Altered so as to increase the degree of nonconformity of the sign or sign structure;

(4)   Expanded;

(5)   Reestablished after its discontinuance for 60 days;

(6)   Continued in use after cessation of business; or

(7)   Reestablished after damage or destruction due to factors other than vandalism or other criminal or tortuous acts if the estimated cost of reconstruction exceeds 50 percent of the appraised value, as determined by the sign administrator.

(g)   Removal/relocation/reconstruction of nonconforming off-premises signs.

(1)   Agreements authorized. For any sign that is registered as a qualified sign pursuant to subsection (2)(b), below, including any sign with respect to which enforcement proceedings had been instituted prior to the effective date of this ordinance on the grounds that said sign was a nonconforming off-premises sign under applicable city sign regulations, the city and sign owner may enter into an agreement providing for the removal, relocation, or reconstruction of said signs, or for the maintenance of said signs in their current locations, subject to the limitations set out below. In addition, the city and the sign owner may enter into an agreement providing for the removal, relocation, or reconstruction of qualified signs on or within the property where such sign is located, subject to the limitations set out below.

(2)   Qualified signs; replacement, relocation or reconstruction—Non-digital.

a.   Notice to sign owners. The planning and development director shall cause notice of the adoption of this section, describing its substance or enclosing a copy of the ordinance, to be provided by certified mail, return receipt requested, to the owners of nonconforming off-premises signs within the city's zoning jurisdiction. Said notice need not specifically identify affected signs. If the sign owner cannot be located, said notice may be sent to the owner of the property whereon such sign is located, or affixed to the sign or sign structure itself. When additional area is included within the city's zoning jurisdiction, additional notices shall be sent.

b.   Registration. Within 180 days of receipt of the notice provided for above, owners of nonconforming off-premises signs located within the city's zoning jurisdiction shall register any such sign owned by them with the city's planning and development office. Any nonconforming off-premises sign that has been properly registered will be considered a "qualified sign" for purposes of this section and eligible for the removal/relocation provisions set out below; provided, that no sign that was not permitted under applicable codes when erected may be a qualified sign. Any nonconforming off-premises sign that has not been properly registered will not be eligible.

c.   Removal/relocation/reconstruction.

1.   Internal relocation. Any qualified sign may be relocated or reconstructed on the lot on which it is currently erected so long as there is no increase in nonconformity with respect to height, setback or size. The spacing requirements in subparagraph (2)(d) below shall not apply to a qualified sign relocated on the same lot, so long as the relocation is the minimum possible distance to reasonably accommodate the needs of the sign owner and property owner. No zoning permit is required for such internal lot relocation.

2.   Relocation within overlay. Any qualified sign may be relocated or reconstructed anywhere within the qualified sign overlay as defined in subsection (3) below, subject to the following limitations:

3.   Qualified sign overlay mapping. For purposes of this article, the Qualified Sign Overlay Zone shall include the following areas:

i.   Patton Avenue from the French Broad River to the outer limit of the ETJ jurisdiction in Enka;

ii.   Merrimon Avenue from Chestnut Street North to Woodfin;

iii.   Sweeten Creek Road from Fairview Road to the outer limit of the ETJ;

iv.   Hendersonville Road from I-40 Interchange to the outer limit of the ETJ;

v.   Tunnel Road from the tunnel to the outer limit of the ETJ past Oteen;

vi.   Leicester Highway from Patton Avenue to the outer limit of the ETJ; and

vii.   Brevard Road from I-240 Interchange to the outer limit of the ETJ.

viii.   Airport Road from Hendersonville Road to the boundary between Buncombe County and Henderson County; and

ix.   Long Shoals Road from Hendersonville Road to the outer limit of the ETJ.

4.   This section shall not apply to qualified signs located on Federal Aid Primary Highways.

5.   Notwithstanding the requirements or prohibitions of any underlying zoning district on a lot where a qualified sign is located, these provisions related to relocating qualified signs shall control in cases of any conflict.

(a)   Variances. In accordance with the procedures and standards set forth in article VI of this chapter, when unnecessary hardships would result from carrying out the strict letter of this ordinance, the board of adjustment shall vary the provisions of the ordinance upon a showing of all of the following:

(1)   Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

(2)   The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.

(3)   The hardship did not the result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.

(4)   The variance is consistent with the spirit, purpose and intent of the ordinance, such that public safety is secured and substantial justices is achieved.

(b)   Variances - granting. In granting a variance, the board of adjustment shall make written findings that all of the above listed requirements have been met. If a variance is granted it shall be the least possible deviation from the requirements of this article. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this article. Violations of the provisions of the variance granted, including any conditions or safeguards, which are a part of the grant of the variance, shall be deemed a violation of this chapter.