Banner Elk City Zoning Code
SIGNS
§ 152.105 SIGNS.
(A) The sign regulations of this subchapter are intended to fairly balance public and private interests. The purpose of this subchapter is to protect public safety, minimize the abundance and size of signs in order to reduce visible clutter, motorist distraction and loss of sight distance. Furthermore, to promote, direct, identify, advertise, advocate, endorse and otherwise communicate information and support and complement the land use objectives as set forth in the 2010-2030 Banner Elk Land Use Plan. Intentions are to prevent obtrusive signage that would negatively impact the town’s streetscape, the surrounding beauty of our area, and the efforts we make every day to protect our environment. While these regulations allow for a variety of sign types and sizes, they do not necessarily ensure every property owner or business owner’s desired level of visibility. It is not the intent or purpose of this subchapter to regulate the message displayed on any sign or the content.
(B) The objectives of this subchapter are:
(1) General. To ensure that signs are located, designed, constructed, installed and maintained in a way that protects life, health, morals, property and the public welfare;
(2) Public safety. To protect the public safety by prohibiting signs that are structurally unsafe or poorly maintained; that cause unsafe traffic conditions through distraction of motorists, confusion with the information on a traffic sign, hindrance of vision and that impede safe movement of pedestrians and/or safe ingress and egress from buildings and sites;
(3) Protect the aesthetic quality of neighborhoods. Prevent blight and protect the aesthetic qualities of the town preventing visual clutter and protecting views;
(4) Free speech. Ensure that the constitutionally guaranteed right of free speech is protected and to allow signs as a means of communication;
(5) Reduce visual conflict. Reduce visual conflict between signs and light and establish a clear distinction between public and private information systems;
(6) Neighborhood character. Reinforce and support the desired character of each neighborhood classification and zone district in a manner that takes into consideration building scale and massing, lot size, building setbacks, transparency, street dimensions, travel speed and pedestrian presence so that signage contributes to the streetscape element and aids in creating a sense of “place”; and
(7) Identification. Allow for adequate and effective signage for disseminating public information, included, but not limited to, public safety information and notification as required by law.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 600)
§ 152.106 DEFINITIONS.
Words and phrases not defined in this subchapter, but defined in § 152.010 of this chapter, shall be given the meanings set forth in § 152.010 of this chapter. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMATION. The movement, or the optical illusion of movement of any part of the sign structure, design or pictorial segment including the movement of any illumination or the flashing, scintillating or varying of light intensity. The automatic changing of all or any part of the facing of a sign shall be considered to be ANIMATION. Also included in this definition are signs having “chasing action” which is the action of a row of lights commonly used to create the appearance of motion.
ARTWORK. Integral decorative or architectural feature of a building, attached to a building or works of art displayed in a prime setting or painted on a surface.
BALLOON. A non-porous bag of material filled with heated or non-heated air or gas so as to rise or float in the atmosphere.
BANNER. A fabric, plastic or other material made of non-rigid material without enclosing structural framework.
BILLBOARD. Any outdoor off-premise sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard or any other thing which is designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any place on the main-traveled way of the interstate or primary system, whether the same be permanent or portable installation.
(G.S. § 136-128)
BUILDING FRONT. The linear length of building facing a street right-of-way or in the case of a planned unit development, facing a legal private access road.
BUILDING MARKER. Any sign indicating the name of a building, date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
BUILDING SIGN. Any sign attached to any part of a building, as contrasted to a free-standing sign.
CANOPY. A protective cover over a door, entrance, window or outdoor service area, which is attached to or cantilevered from a building; also known as an AWNING. Permanent marquees and porticoes that are designed as a continuous or integral part of the structure shall not be considered CANOPIES.
CANOPY SIGN. A sign that is suspended from, attached to, support from, applied to or constructed as part of a canopy or awning. A marquee is not a CANOPY.
CHANGEABLE COPY SIGN. A sign on which message copy is changed manually in the field through attachment of letters, numbers, symbols and other similar characters of changeable pictorial panels. In no case shall the changeable copy portion exceed 50% of the total sign area.
COMBINED DEVELOPMENT. A grouping of two or more establishments on one or more parcels of property that may share parking and access and are linked architecturally or otherwise present the appearance of a unified grouping of activities.
DIRECTIONAL SIGNS. A sign that directs motorists to a location or confirms a correct route, such as enter, exit and parking signs.
DRIVE-THROUGH WINDOW SIGN. An attached or free-standing sign listing choices and processes. The sign allows communication between the consumer and business. Limited to no more than two signs and should not be seen from a road, only viewable to those waiting in line at a drive-through.
DYNAMIC DISPLAY. Any characteristic of a sign that appears to have movement or that appears to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LCD or other monitors, LED lights, manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays.
FACADE. The entire building walls, including wall faces, parapets, fascia, windows, doors, canopy and visible roof structures of one complete elevation.
FEATHER SIGNS AND BANNERS. Promotional banners and advertising signs. FEATHER SIGNS are anchored onto bent poles via a reinforced sleeve and are left open at the bottom in order to flutter in the wind as a means for drawing attention. FEATHER BANNERS are vertically-proportioned rectangular banners that are anchored onto poles at the top and on one side via reinforced cloth sleeves and stiffened at the bottom to minimize flapping.
FENCE SIGN. A sign mounted on, attached to or constructed as part of a fence or similar structure.
FESTOON LIGHTING. A string of outdoor lights suspended between two or more points.
FLAG. Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of government, political subdivision or other entity. The height of any flagpole cannot exceed the 35-foot height restriction. The 4 U.S.C. Ch. 1 describes the United States flag as a living symbol and must be treated with such respect as well as state and local government flags.
FLAG, ORNAMENTAL. Any fabric containing distinctive colors or patterns that is used as an ornamental decoration. Size is restricted to no greater than three feet by five. The flag cannot protrude into the road or right-of-way. Quantity limited to one per location.
FREE-STANDING SIGN. A sign supported by a sign structure placed in the ground that is wholly independent of any building, fence, vehicle or object other than the sign structure for support.
GASOLINE PUMP SIGN. Signs which are normally associated with the sale of gasoline.
GOVERNMENT ENTITY. The town and its departments, the county and its departments, the state and its departments, and the United States of America and its departments.
GOVERNMENT SIGN. Any temporary or permanent sign erected and maintained by a governmental entity.
GRADE. The uppermost surface directly below the sign or immediately adjacent to the support. Where the uppermost surface has been artificially raised for landscaping or other purposes, GRADE shall be measured from the level of the nearest town or state street curb.
GROUND-MOUNTED SIGN. A free-standing sign with its base or its supports mounted directly to the ground. For the purposes of this chapter, a ground sign shall be defined as two sign faces that are located back-to-back on a single structure. The maximum sign area as set forth in § 152.113 of this chapter.
HALO LIT LETTERING. Lettering made with attachable lighting that diffuses behind the outline of the lettering. Letters are to be made of metal or wood, no opaque materials. Not to exceed 6,500 lumens each.
IDENTIFICATION SIGN. A sign whose copy is limited to the name and address of a building being identified.
ILLUMINATION, INDIRECT. Illumination that reflects light from an artificial light source intentionally directed upon a surface. This shall also include silhouettes of letters or symbols placed before a background of reflected light.
ILLUMINATION, INTERNAL. Illumination provided from a source located inside or within the face of the sign.
INFLATABLE SIGNS. A three-dimensional object, filled with air or gas, and located in such a manner as to attract attention. Does not include balloons.
INFORMATIONAL SIGN. A sign, emblem or decal informing the public of services available on the premises that cannot be seen from the road (e.g., credit cards, “ATM” or a sign indicating hours of operation).
LETTERING. Letters that are mounted to the side of a building may be allowed in order to identify the business at that location. LETTERING can be made of high-density urethane or wood. Maximum allowable area for lettering is one square foot per linear foot of building wall the lettering is attached to and not to exceed 50 square feet for all zoning districts and 32 square feet for all residential zoning districts.
MAINTENANCE. The cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.
MONUMENT SIGN. A ground sign that is mounted generally flush with the surrounding grade. It may not be attached to a pole or pylon, nor raised by mounting on a human-made berm, wall or similar structure. Supporting elements may not exceed 24 inches in height and are included in the measurement of sign height.
NEON SIGNS. Luminous tube sign that contains neon or other gasses at a low pressure.
NON-CONFORMING SIGN. A sign that was legally erected, but that does not comply with the subsequently enacted sign regulations and restrictions.
OFF-PREMISES SIGN. A sign identifying/advertising and/or directing the public to an activity or event at a place other than the real property on which said sign is located.
ON-PREMISES SIGN. A sign or display that identifies or communicates a message related to the activity conducted, the service offered or anything sold on the premises where the sign is located.
PANEL. The primary surface of a sign that carries an identifying message.
PENNANT. Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind, to include feather signs and banners.
POLITICAL SIGN. Any sign that advocates for political action, a political party or candidate for elected office. The term does not include a commercial sign.
PORTABLE SIGN. Any sign designed or intended to be readily relocated whether or not it is permanently attached to a building, structure, vehicles or on the ground. PORTABLE SIGNS also include signs on wheels or on portable structures such as trailers, motor vehicles and/or tent signs, A-frame or T-shaped signs, attached to a person and/or normal advertising placed on motor vehicles which are not used regularly and are placed in such a manner as to attract attention if parked at a location other than at the location it is identified with.
PROJECTING SIGN. A sign which projects from a structure into a vehicular or pedestrian access way, more than one foot from the surface on which it is mounted, and is mounted usually, but not always, at right angles to the building.
PUBLIC RIGHT-OF-WAY. The land or interest therein acquired for or devoted to transportation purposes by the town or the state’s Department of Transportation.
QR CODE. The use of QR Codes (Quick Response Codes) will be allowed on a smooth flat surface, as an addition to an existing sign or as an attachment to an existing sign, to be no greater than four inches by four inches.
RIDER SIGN. A small sign attached to an existing signs used by a business to display QR codes or text-to-text numbers only; enabling the business to provide more information about their product to the public. Only one RIDER SIGN or info tube allowed per real estate sign. The RIDER SIGN cannot exceed one square foot and is not subject to the same material requirements as the remainder of the sign.
ROOF SIGN. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof and extending vertically above the highest portion of the roof.
REAL ESTATE SIGN. A sign placed upon property that is available for rent or purchase.
ROOF SIGN. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof and extending vertically above the highest portion of the roof.
SANDWICH BOARD SIGN. A sign made of wood or plastic in an A frame, with an overall size no greater than two feet by three feet, having a full chalkboard face. The sign is designed to be portable and is meant as an advertisement for temporary event or a special at a location or business. Colors for the frame shall be in keeping with natural earthtones. The chalk face shall be black or white, with no neon colors allowed.
SIGHT TRIANGLE. The triangular area formed by the intersecting street right-of-way lines and a straight line connecting points on said street right-of-way. The SIGHT TRIANGLE, as required by the state’s Department of Transportation, is illustrated below; however, this sight triangle may be varied by the Administrator of the town and private streets as deemed necessary. On a corner lot in any zoning district, no planting, structures, sign, fence, wall or obstruction to vision more than two and one-half feet or lower than five feet in height measured from the centerline of the street shall be placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line connecting points on said street right-of-way.
SIGN. Any display of letters, words, numbers, symbols, emblems, objects, pictures or any combination thereof made visible for the purpose of attracting attention or of making something known, whether such display is made on, attached to or constructed as part of a building, structure, vehicle or object.
SNIPE SIGN. A temporary sign or poster affixed to a tree, public utility pole, fence and the like.
SPINNER. A wind activated, propeller-type device, which may or may not be attached to advertising copy.
STREAMER. A string or strip of miniature or full size pennants or flags that may or may not be suspended between two points.
T-SHAPED SIGN. A portable sign comprised of one or more panels or faces joined at the bottom to a perpendicular base on which the sign stands.
TEMPORARY SIGN. A sign intended to be displayed for a short period of time. TEMPORARY SIGNS are exempt from permit requirements and are allowed in the town’s zoning jurisdictions; provided that, they are displayed for no more than five days cumulative within a two-month period for the same sign. TEMPORARY SIGNS are limited to three per parcel and must be placed at least five feet from the edge of the road without blocking other signs. TEMPORARY SIGNS cannot exceed three square feet by four feet or a height no more than two and one-half feet or lower than five feet if inside the sight triangle and must be made of a material that is suitable for the timeframe they are visible without deterioration.
VISION OBSTRUCTION. The placement of a sign that would limit a full view of both pedestrian and vehicular traffic within the sight triangle. See § 152.072(I) of this chapter.
WALL SIGN. A sign affixed on and parallel to the exterior wall of any building and projecting not more than 12 inches from the wall. Signs mounted on porticoes shall be considered as WALL SIGNS.
WINDOW SIGN. A sign that is applied to the building glass area.
(Ord. passed 3-14-2005; Ord. passed 9-14-2009; Ord. passed 8-8-2011; Ord. passed 10-10-2011; Ord. passed 10-8-2012; Ord. passed 10-10-2016; Ord. passed 7-10-2017; Ord. passed 9-11-2017; Ord. passed 3-14-2019, § 601)
§ 152.107 APPLICABILITY AND REGULATORY PURPOSES.
(A) To promote the creation of an attractive visual environment that promotes a healthy economy by:
(1) Enhancing the town’s ability to attract sources of economic development and growth, while protecting the beauty and unique character of the town and enhancing the aesthetic environment of the town by eliminating visual blight; and
(2) Permitting anyone to inform, identify and communicate effectively.
(B) Protecting and enhancing the physical appearance of the town in a lawful manner that recognizes the rights of every property owner by:
(1) Encouraging the appropriate design, scale and placement of signs;
(2) Encouraging the orderly placement of signs for the safety and best use for all affected; and
(3) Assuring that the information displayed on a sign is clearly visible, conspicuous, legible and readable so that the sign achieves the intent it is purposed to do.
(C) Fostering public safety along public and private streets within the town’s zoning jurisdiction by assuring that all signs are in a safe and appropriate place: promoting public safety, welfare, convenience and enjoyment of travel and the free flow of traffic within the town.
(D) Allowing for administrative review procedures that are the minimum necessary to:
(1) Allow for consistent enforcement of this subchapter;
(2) Establishing a permit system for an allowable variety of signs in commercial districts, and a limited variety of signs in other districts, subject to the standards and permit procedures of this chapter;
(3) Allowing certain signs that are small and unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this subchapter, but without the a requirement for permits;
(4) Providing for temporary signs for a limited timeframe and under limited circumstances;
(5) Minimizing the possible adverse effect of signs on nearby public and private property; and
(6) Prohibiting all signs not expressly permitted by this subchapter.
(E) Repainting of a sign face for maintenance purposes, and not including changes to color or message shall be considered maintenance or repair and a sign permit is not required. However, any physical alteration of the sign frame or supporting structure shall be considered the same as construction of a new sign and shall require a sign permit and conformance with the standards established in this section.
(Ord. passed 3-14-2005; Ord. 8-8-2011; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 602)
§ 152.108 MEASUREMENT OF SIGN AREA AND HEIGHT.
The following guidelines shall control the computation of the sign area and height.
(A) Computation of area of single-faced signs. The area of a sign face shall be considered to be that of the smallest two-dimensional panels which encompasses all lettering, wording, design or symbols together with any background difference in the balance of the wall on which it is located, if such background is designed as an integral part of and obviously related to the sign.
(B) Computation of the area of a double-sided sign. The area of each panel of a sign that is designed to be seen from both sides shall be calculated independently.
(C) Supports. The supports, which affix a sign to the ground or to a building, shall not be considered in the area of the sign unless supports are obviously designed to be an integral part of the sign, as defined by these regulations. Wooden ground supports shall be a minimum of four inches by four inches. Temporary signs may use one two inches by two inches channel iron support.
(D) Computation of height. The height of a sign shall be measured from the highest point of a sign or its support; whichever is greater, to the base of the sign at the highest adjacent grade.
(E) Copy area. The area of the sign face that is covered by text or symbols. No more than 50% of the sign area shall be covered with text or symbols.
(Ord. passed 3-14-2005; Ord. 8-8-2011; Ord. passed 10-10-2011; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 603)
§ 152.109 PERMIT REQUIRED.
Except as set forth in § 152.112 of this chapter, a permit shall be required prior to the erection of any sign regulated under this subchapter.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 604)
§ 152.110 DESIGN, CONSTRUCTION AND MAINTENANCE.
All signs shall be designed, constructed and maintained in good structural condition according to applicable provisions of the state’s Building Code, all applicable electrical codes and this chapter.
(A) Technique. All signs shall be sandblasted, hand carved or routed.
(B) Materials. A minimum of one-fourth inch depth; made of wood or like material manufactured to replicate wood, with craftsmanship to be in harmony with the natural and mountain character of the surroundings. The approved Town Color Chart shall serve as a guideline for the acceptable colors. Any color outside this color chart will need to be approved by the Planning Board. Temporary materials may be allowed for temporary signs with prior approval from the Zoning Administrator.
(C) Colors. Colors shall blend in well with the natural surroundings. The town’s Color Chart shall serve as a guideline. The color chart can be found at www.oldecenturycolors.com. Should the color for repainting match the existing, then no permit will be required, unless the colors are out of compliance. Accent color(s) may be allowed with no greater than 2% of the overall sign calculated for the accent color(s) and with prior approval from the Zoning Administrator. Gold leaf lettering is allowed.
(D) Landscaping. All ground-mounted signs shall have incorporated landscaping which is consistent with the town’s streetscape format with support being constructed from rock, wood posts or other natural materials being located outside of road rights-of-way.
(E) Placement. Except for banners, flags, temporary signs and window signs conforming in all respects with the requirements of this chapters, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment. Signs shall not be placed in the road right-of-way and shall be kept out of the sight triangle. (See § 152.072 of this chapter.)
(F) Design area. All signs, unless otherwise stated or implied, shall have no more than two faces, displayed on opposite sides and without a space or angled projection to one another. Said signs shall have the same message and general design on both faces.
(G) Maintenance. The trimming, removal or addition of trees, shrubs or other vegetation located within the public right-of-way or within designated streetscape or greenway areas shall be coordinated efforts between the town and the adjoining property owner. The final approval shall be the domain of the town.
(H) Lighting. Illuminated signs shall be by a shielded indirect white or amber light of reasonable intensity and directed solely at the sign face. Internally lit signs are not allowed.
(I) Vision obstruction. No sign shall create a vision obstruction onto a public right-of-way, including alleys and sidewalks, except for government signs. All signs shall be set back out of the right-of-way and the sight triangle as addressed in § 152.072 of this chapter.
(J) Changeable copy. In no case shall the changeable copy area of a sign or marquee exceed 50% of the total sign area.
(K) Projecting, suspending and/or canopy signs. Projecting, suspending and/or canopy signs may be no less than eight feet at their lowest point above any sidewalk or walkway.
(L) Private property. All signs and sign structures shall be located on private property, except when expressly allowed to encroach into a public right-of-way.
(M) Setbacks. Sign setbacks shall be measured from the lot lines. All signs, unless otherwise provided for, shall be setback a minimum of 15 feet from the front, side or rear of a property line.
(N) Natural features. Construction, erection, installation or modification of a permitted sign shall not cause the removal of trees, alteration of the natural topography or obstruction of a natural drainage course.
(Ord. passed 3-14-2005; Ord. passed 8-8-2011; Ord. passed 10-10-2011; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 605)
§ 152.111 PROHIBITED SIGNS.
The following signs are prohibited within the town and its ETJ:
(A) Signs that are similar, or mimic, official highway signs, warning signs or regulatory devices;
(B) Signs displaying blinking, flashing or intermittent lights, animation and moving parts or electronically displayed messages-signs which display the time and temperature;
(C) Portable signs or any fashion of moveable sign, to exclude sandwich board signs;
(D) Off-premise signs except those expressly permitted herein;
(E) Off-premises outdoor advertising signs;
(F) Facsimile signs;
(G) Signs attached to or painted on utility poles, telephone poles, trees, parking meters, bridges and overpasses, rocks, other signs, benches and refuse containers or any other inanimate object;
(H) Roof signs;
(I) Pavement markings for purposes other than traffic control;
(J) Signs placed within or extending into the right-of-way of town and state maintained streets and roads, except those erected by a duly constituted government body;
(K) Signs that contain language and/or pictures obscene to the general public in accordance with G.S. § 14-190.1;
(L) Indirect illumination, such as floodlights, erected in such a manner as to cause glare that impairs driver vision on streets or roadways or that causes a nuisance to the occupants of adjoining property;
(M) Signs that obstruct fire escapes, windows, doors or other openings used as a means of egress or as required legal ventilation;
(N) Signs containing or consisting of pennants, ribbons, streamers, festoon lighting, balloons (or inflatable signs), spinners, feather signs or banners;
(O) Signs whose face is composed of vinyl, aluminum or similar materials;
(P) Signs that do not conform to the provisions of these regulations;
(Q) Snipe signs;
(R) Billboards; and
(S) Any sign not otherwise permitted or exempted, or which does not otherwise conform to the regulations contained in this chapter.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 606)
§ 152.112 EXEMPT SIGNS.
(A) Exempt signs. The following signs do not require a permit:
(A) Building marker signs. A sign etched into masonry, bronze or similar material on a building;
(B) Identification sign. A pedestrian oriented sign attached to a building to identify the tenant within. Such sign shall contain no advertising other than trade name and/or logotype. One sign is permitted per entrance. Maximum size: six square fee;
(C) Directional signs. Signs that are located on the premise/property to provide directions. Such signs contain no copy other than directional information such as “exit”, “entrance”, “parking”. No more than two signs per entrance or exit shall be permitted. Maximum size: four square feet; maximum height: four feet;
(D) Drive-through signs. Signs that are permitted as either a free-standing or attached wall sign. Such signs may not exceed 28 square feet and should not be visible from the front of the building. No more than two drive-through signs are allowed per location;
(E) Official flags. Per 4 U.S.C. Ch. 1, authorization is granted to fly the United States flag as prescribed in that code and is considered a living symbol. Per G.S. §§144.3 and 144.7, the North Carolina State Flag is authorized to fly at public institutions. Flags or insignia of any nation (United States), organization of nations (United Nations), state (North Carolina), county or municipality (Avery County or Banner Elk.) Flagpoles cannot exceed the 35-foot height restriction;
(F) Government signs. Signs posted or authorized by various local, state, and federal agencies in the performance of their duties such as regulatory signs, welcome signs and traffic signs. Also, Bulletin Boards erected and maintained by the town;
(G) Historical marker. An historic marker may be placed on the premise or property for the expressed purpose of signifying the site or an event that occurred on the site as having historical value. The request should be accompanied with a notation of the historical value of the site or the event or person(s) it is representing. Maximum size: 16 square feet;
(H) Informational signs. Signs displayed for the direction and convenience of the public. Such signs shall not exceed two square feet in area and are to be used to inform the public about a service or function not immediately in view of the public (i.e., “ATM”);
(I) Legal and warning signs. Signs erected to warn of danger or hazardous conditions such as signs erected by public utility companies or construction companies; signs required for or specifically authorized for a public purpose by any law, statute or ordinance;
(J) Occupant/street number signs. Signs affixed to structures, mailboxes, decorative light posts, driveway entrances and the like, which serve to identify the address of the structure or occupant. All such signs shall be placed in such a manner as to be visible from the street. Maximum size: two square feet;
(K) Temporary signs. Temporary signs are exempt from permit requirements and are allowed in the town’s zoning jurisdiction; provided that, they are displayed for no more than five days cumulative within a two-month period for the same sign. Temporary signs are limited to three per parcel and must be placed at least five feet from the edge of the road without blocking other signs. Temporary signs cannot exceed three square feet or a height of four feet, two and one-half feet in the sight triangle, and must be made of a material that is suitable for the timeframe they are visible without deterioration. A sign that has deteriorated to where it is no longer functional as a sign is prohibited;
(L) Window displays. Merchandise, pictures or models that are incorporated as an integral part of a window display; and
(M) Window signs. Signs temporarily attached or temporarily painted to a window or door, announcing sale or special features; provided, they do not exceed 50% of the area of said window or door. Signs that exceed 50% of the area of said window shall be treated as wall signs. Temporary signs shall be removed within two days after the termination of such sale or special event.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, §607)
§ 152.113 STANDARDS FOR PERMANENT AND TEMPORARY SIGNS REQUIRING A PERMIT.
(A) Standards for permanent signs in R-1, R-1-U and R-2.
Type of Sign | Maximum Size of Sign | Maximum No. of Signs | Maximum Height | Location of Signs |
Type of Sign | Maximum Size of Sign | Maximum No. of Signs | Maximum Height | Location of Signs |
Free-standing | ||||
Outside the Heritage District Overlay | 48 sq. ft. | 1 per frontage | 14 ft. | Outside of street right-of-way and sight triangle** |
Inside the Heritage District Overlay | 32 sq. ft. | 1 per frontage | ||
Planned residential development | 24 sq. ft. for tracts exceeding 3 acres or advertising lots for sale in approved subdivision | 1 per PRD allowed for up to 1 year from final plat approval with renewal option by Architectural Review Committee | 4 ft. | Outside of street right-of-way and sight triangle ** |
Real estate | ||||
Residential areas | 2 sq. ft. | 1 per street frontage | 3 ft. | Outside of street right-of-way and sight triangle** |
Wall mounted signs | 1 sq. ft. per linear foot of building wall the sign is attached to and not to exceed 32 square feet | 1 per building wall with frontage | Not to extend above vertical wall | - |
4 sq. ft. | 1 | - | ||
NOTES TO TABLE: | ||||
(B) Standards for permanent signs in C-2, M-E* and M-1 (to include all signs also permitted in division (A) above).
Type of Sign | Maximum Size of Sign | Maximum No. of Signs | Maximum Height | Location of Signs |
Type of Sign | Maximum Size of Sign | Maximum No. of Signs | Maximum Height | Location of Signs |
Combined development (multiple units in one or a group of buildings) | Not to exceed an additional 50% of the area allowed for a free-standing sign or a total of 72 sq. ft., whichever is greater | 1 | 14 ft. | Outside of street right-of-way and sight triangle** |
Free-standing/ground signs | 48 sq. ft. | 1 per street frontage | 14 ft. | Outside of street right-of-way and sight triangle** |
Halo lit lettering | 1 sq. ft. per linear foot of building the sign is attached to, up to a maximum of 50 sq. ft. | 1 per establishment | 36 in. | Wall-mounted only |
Projecting/suspending/ canopy signs | 8 sq. ft. | 1 | - | Vertical clearance from sidewalk and/or public street is a minimum of 8 ft. |
Real estate | 3 sq. ft. | 1 per street frontage and no illumination will be allowed | 4 ft. | Outside of street right-of-way and sight triangle** |
Wall-mounted signs | 1 sq. ft. per linear foot of building the sign is attached to, up to a maximum of 50 sq. ft. | 1 per building wall that has frontage on a public street or parking lot. | Not to extend above the vertical wall or roof line | - |
NOTES TO TABLE: *Signage in addition to that listed above is permitted in M-E District as a conditional use, when signs are needed to identify the name of more than one structure or use, or specific signs are needed for public health and safety. HOD areas require special permitting. | ||||
(C) Standards for permanent signs in C-1, C-1P, M-E* and HOD (to include all signs also permitted in division (A) above).
Type of Sign | Maximum Size of Sign | Maximum No. of Signs | Maximum Height | Location of Signs |
Combined development (multiple units in one or a group of buildings with multiple entrances designed for this purpose) | Not to exceed an additional 50% of the area allowed for a free-standing sign or 48 sq. ft. total | 1 | 14 ft. | Outside of street right-of-way and sight triangle** |
Free-standing/ground signs individual businesses may not exceed a combined total of 32 sq. ft. | 32 sq. ft. | 1 per street frontage | 14 ft. | Outside of street right-of-way and sight triangle** |
Halo lit lettering | 1 sq. ft. per linear foot of building the sign is attached to, up to a maximum of 50 sq. ft. | 1 per establishment | 24 in. | Wall-mounted only |
Projecting/suspending/ canopy signs | 8 sq. ft. | 1 | - | Vertical clearance from sidewalk and/or public street is a minimum of 8 ft. |
Wall-mounted signs | 1 sq. ft. per linear foot of building the sign is attached to, up to a maximum of 35 sq. ft. | 1 per building wall that has frontage on a public street or parking lot | Not to extend above the vertical wall or roof line | - |
NOTES TO TABLE: *Signage in addition to that listed above is permitted in M-E District as a conditional use, when signs are needed to identify the name of more than one structure or use, or specific signs are needed for public health and safety. HOD areas require special permitting. | ||||
(D) Standards for temporary or incidental signs requiring a permit.
Zoning District | Maximum Size of Sign | Maximum No. of Signs | Maximum Height | Location of Signs |
Zoning District | Maximum Size of Sign | Maximum No. of Signs | Maximum Height | Location of Signs |
C-1, C-1P, C-2, CZD and M-E | ||||
Sandwich board sign | 2 ft. x 3 ft. | 1 per street frontage | 3 ft. | Within 10 feet of main entrance of principal building |
C-1, C-1P, C-2, M-E and M-1 | ||||
Temporary banners2 | 24 sq. ft. | 1 | 4 ft. | Outside of street right-of-way and sight triangle** |
Directory signs | 24 sq. ft., but not to exceed the size of the free-standing sign to which it is attached | 1 | (note 4) | |
Wall signs | 6 sq. ft. | 1 | Not to extend above the vertical wall or roof line | Within ten feet of main entrance of principal building |
R-1, R-1-U | ||||
Directional signs | 4 sq. ft. | 2 per property | 4 ft. | Outside of street right-of-way and sight triangle** |
Security and warning signs1 | 2 sq. ft. | 3 per business/ activity | 4 ft. | |
Temporary signs4 | 4 sq. ft. | 2 | 4 ft. | Must be kept 4 ft. off the edge of the pavement |
2 sq. ft. | 1 on a major thoroughfare and one on the actual property being shown | 4 ft. | Outside of street right-of-way and sight triangle** | |
All zones | ||||
Political signs | No greater than 3 sq. ft. | No more than 42" above the edge of road | 3' from edge of road | |
NOTES TO TABLE: 1 On-premises signs which designate health or safety warnings as required bylaw, and security signs which regulate the use of property (i.e., “no trespassing”, “no hunting”, “no soliciting”) or provide other warnings of danger on the premises. Larger signs are permitted where required by law or statute; provided, the signs shall not exceed the maximum number or size required by said law or statute. 2 Permitted for opening and other special events for a maximum of 30 days during a 6-month period. 3 Sign shall be attached to or suspended from an existing conforming free-standing sign; the sign shall not extend above the permitted height of the existing sign, nor placed on top of the existing sign. Additions shall not extend below the permitted 8-foot vertical clearance over streets or sidewalks. Permit shall be valid for a period of 120 days. Only 1 sign shall be permitted at any one time. 4 Off-premises directional signs shall only be used by places which are located in the town’s zoning jurisdiction and said locations do not have direct frontage from N.C. 184 and N.C. 194. Directional signs are limited to 1 per entity/activity, indirect illumination and written permission of the property owner on which the sign is placed. Temporary signs are allowed for a special event to direct the public and cannot exceed 5 days in a 2-month period. | ||||
(Ord. passed 3-14-2005; Ord. passed 10-16-2007; Ord. passed 7-14-2008; Ord. passed 8-8-2011; Ord. passed 10-10-2011; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 608)
§ 152.114 COMMUNITY EVENTS ADVERTISEMENTS.
Advertisements for community events may be placed upon public property designated by the Town. These advertisements shall be in the form of a banner; a maximum of 24 square feet. The facility shall provide room for only one advertisement at any time per set of posts. An advertisement shall be displayed for no longer than seven consecutive days, unless prior approval has been granted for a town-sponsored event. If an event is ongoing through several months, the town can decide how long the banner can remain as long as other events can have access as needed. Any person or group using this facility shall have the burden of removing the banner on the business day directly following the event. Unclaimed banners shall become the property of the town. Placement of banners upon the community facility shall be at the discretion of the Zoning Administrator. Permit is required. Reword under a temporary signage as a community bulletin board. Time place and manner with a permit.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 609)
§ 152.115 NON-CONFORMING SIGNS.
(A) Limitations to continued use of non-conforming signs. Subject to the following schedule, a non-conforming sign may be continued and shall be maintained in good condition, but it shall not be:
(1) Changed to another non-conforming sign;
(2) Structurally altered as to prolong the life of the sign;
(3) Expanded;
(4) Reestablished after discontinuance for 90 days; or
(5) Reestablished after damage, destruction or deterioration if estimated expense of reconstruction exceeds 50% of the appraised replacement cost.
(B) Removal of all non-conforming signs. All signs already in place as of 10-16-2007 that do not conform with the regulations of this chapter shall be brought into conformance with this chapter or shall be removed within seven years of 10-16-2007. Any sign placed after 10-16-2007 that becomes non- conforming as a result of any future amendment or rezoning shall have seven years from the effective date of said amendment or rezoning to bring the sign into conformance with the ordinance or be removed.
(C) Publicly-owned signs. All publicly-owned signs that are erected upon any public street, public right-of-way or public property shall be approved by Town Council and they shall not come under the context of this chapter.
(D) Impoundment of signs. The town shall have the authority to remove and impound any sign, without further notice, where such signs are not in compliance with this chapter as per § 152.111 of this chapter and the sign is placed in any street, state road or highway right-of-way or other right-of-way, attached to trees, fence posts, telephone and/or utility poles and/or any other than natural features.
(1) The town shall impound such signs for a period of ten days. The owner of a sign impounded may recover it prior to the expiration of the ten-day impoundment period. In the event a sign is not claimed within the ten days of its impoundment, the town shall have the authority to dispose of such sign.
(2) In the event a violating sign requires special resources for its removal and impoundment, the town, or independent contractor secured by the town, shall remove the sign and the resulting charges shall be assessed and the resulting charges shall be assessed to the owner and/or lessee.
(E) Unreadable signs. A deteriorated sign may be removed by the town at the owner’s expense if it is unreadable.
(Ord. passed 3-14-2005; Ord. passed 7-13-2009; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 610)
§ 152.116 SANDWICH BOARD SIGNS.
(A) All signs fitting the description of a sandwich board sign shall not be placed outside prior to the opening of the business. Sandwich board signs shall be kept on private property and shall not be placed in the right-of-way, easement, sidewalk, sight triangle or in the roadway, but must be located within ten feet of the main entrance of the business.
(B) The sign shall be anchored so as not to blow away with the wind into pedestrian or vehicular traffic or be knocked over by other actions. A permit is required per entity erecting such a sign.
(C) Sandwich board signs shall only be permitted in the C-1, C-2, C-1P, CZD and M-E Zoning Districts. The cost of the permit shall be set by the Town Council as part of the schedule of fees as adopted by the town. First violation of the terms of this section will result in a suspension of permission to display a sandwich board sign for 30 days and a civil penalty of $25. Upon completion of the 30 days, a new application and fee can be submitted for reissue. Any violation of the terms of this section beyond the first offense shall result in the revocation of the business’s permit for this sign and a penalty as outlined in § 152.999 of this chapter.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 7-10-2017; Ord. passed 3-14-2019, § 611)
§ 152.117 POLITICAL SIGNS.
(A) Compliant political signs permitted. During the period on the thirtieth day before the beginning date of “one stop” early voting under G.S. § 163-227.2 and ending on the tenth day after the primary or election day, persons may place political signs, so long as they meet the requirements of this section and are otherwise permitted by law. Signs must be placed in compliance with division (B) below and must be removed by the end of the period prescribed in this division (A). POLITICAL SIGNS means any sign that advocates for political action, a political party, or candidate for elected office. The term does not include a commercial sign.
(B) Sign placement. Signs may only be placed upon private property or within areas of the state right-of-way where the state has authorized the placement of such signs. The ordinance does not authorize the placement of on private property unless the property owner has given their permission for placement of the sign. Signs must be placed in accordance with the following.
(1) No sign shall be permitted in the right-of-way of a fully-controlled access highway.
(2) No sign shall be closer than three feet from the edge of the pavement of the road, nor shall a sign be placed in such a manner that it obstructs or interferes with pedestrian traffic on a sidewalk.
(3) No sign shall obscure motorist visibility at an intersection.
(4) No sign shall be higher than 42 inches above the edge of the pavement of the road.
(5) No sign shall be larger than three square feet in area.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 612) Penalty, see § 152.999
§ 152.118 VIOLATIONS.
Violation of this subchapter shall not be deemed a misdemeanor.
(Ord. passed 3-14-2005; Ord. passed 8-8-2011; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 613)