The purpose of this article is to promote the effective use of signage within the Town of Boiling Springs.

Except as otherwise provided in this article, it shall be unlawful for any person to place, erect, construct, enlarge, move, or replace any sign, without first having obtained a permit for such sign from the ordinance administrator.

The replacement of sign faces, lettering, or other features of a sign shall be considered maintenance and shall not require a permit. No alteration which modifies the area, height, or illumination of a sign, or alters its location shall be permitted under this provision.

Any privately owned sign installed or placed on public property or within a town-maintained right-of-way, except in conformance with the requirements of this article shall, be forfeited to the public and is subject to confiscation. In addition to other remedies hereunder, the ordinance administrator shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.

(A)

Where required. Prior to the construction placement, display, or alteration of any temporary or permanent sign, the property owner or their authorized agent shall obtain a zoning permit, unless the type of sign is specifically exempted from this requirement.

(B)

Exemptions. The following signs shall be exempt from the requirement to obtain a zoning permit, but shall adhere to all relevant standards set forth in this Ordinance:

(1)

Type 1 freestanding temporary signs.

(2)

Type 4 freestanding temporary signs.

(3)

Permanent incidental signs in the miscellaneous subcategory that are smaller than two square feet in area.

(4)

Permanent incidental signs in the regulatory subcategory.

The following standards shall be used for the computation of the dimensions of signs:

(A)

Computation of area of single-faced signs. The area of a sign face shall be computed by means of the smallest square or rectangle, that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

(B)

Computation of area of multi-faced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.

(C)

Computation of height. The height of a sign erected within 30 feet of a street right-of-way line shall be the distance from the grade level of the nearest edge of the street to the top of the sign or sign structure, whichever is greater. The height of all signs farther than 30 feet from a street right-of-way line shall be the distance from the grade level where the sign is erected to the top of the sign or sign structure, whichever is greater.

No sign shall be placed in such a manner as to obstruct required clear sight distance at a street intersection, or otherwise obstruct the visibility of motorists, pedestrians or bicyclists in a manner that creates an unsafe situation.

All signs shall be designed, constructed, and maintained, in accordance with the following standards:

(A)

All signs shall be constructed and maintained to retain sound structural condition, and shall comply with all applicable provision of the state building code, all applicable electrical codes, and this ordinance, at all times.

(B)

Except for flags, certain temporary signs, and window signs conforming in all respects with the requirements of this ordinance, all signs shall be constructed of rigid all-weather materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

Official signs installed by units of local government having jurisdiction within the Town of Boiling Springs, agencies of the State of North Carolina, and federal government agencies are exempt from the regulations established by this ordinance, provided that such signs are installed upon public property or within a right-of-way owned or maintained by said governmental agency and fully conform to all safety provisions established by this ordinance. For the purposes of this section, official signs shall include any sign erected by the Town of Boiling Springs.

In the interest of encouraging the eventual removal of signs that do not meet the current standards of the UDO, the following standards are established to require the removal of nonconforming signs under certain circumstances.

(A)

Discontinuance of occupancy and/or use. Where one or more nonconforming signs are located on a parcel of land or building whose occupancy or use has been discontinued for a period of 180 days, such nonconforming sign(s) shall be removed, replaced, or otherwise brought into conformance with the current standards of this article.

(B)

Removal or damage. Nonconforming signs that are voluntarily removed or which are damaged to an extent greater than or equal to 60 percent of their replacement value shall not be reestablished or repaired except in full conformance with the current standards of this article. The removal of a sign shall include situations in which the face or faces are removed from a nonconforming sign structure and not replaced within 90 days of the date of their removal.

The following signs are expressly prohibited within the Town of Boiling Springs and its extraterritorial jurisdiction:

(A)

Signs that display blinking or flashing lights.

(B)

Signs with rotating or moving parts, including wind driven signs.

(C)

Portable signs, unless otherwise expressly permitted.

(D)

Signs which are designed and installed in a location or manner which approximate official traffic control signage.

(E)

Signs placed within any required sight triangle.

(F)

Signs attached to or painted on utility poles, telephone poles, trees, parking meters, bridges, overpasses, other signs, benches, and refuse containers, except that the latter two may contain a logotype.

(G)

Signs installed so that any part of the sign extends above the roof line of a building

(H)

Signs placed within or extending into the right-of-way of town and state-maintained streets and roads, except those signs erected by a duly constituted government body or which are expressly permitted to be placed within a right-of-way by this ordinance or the North Carolina General Statutes.

(I)

Signs that contain language and/or pictures obscene to the general public in accordance with G.S. § 14-190.1.

(J)

Indirect illumination for signs, 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 adjoining property.

(K)

Signs containing or consisting of pennants, ribbons, streamers, festoon lighting, balloons (or inflatable signs), spinners, or windblown devices.

(L)

All other signs that do not conform to the provisions of these regulations, except as otherwise provided in this article.

The provisions of this section shall apply to the placement and display of temporary signage within the town's jurisdiction. Any temporary sign that does not comply with the provisions of this section is prohibited. Any sign which is permanently displayed shall comply with the provisions for permanent signs.

All temporary signs shall comply with the following common standards:

(A)

Temporary signs shall not be illuminated or be provided with any electric service.

(B)

Temporary signs shall not be placed within any public street right-of-way, including within medians, unless expressly permitted by this article or the North Carolina General Statutes.

(C)

Temporary signs attached to building walls (other than permitted temporary window signs) shall not be placed in a manner that obstructs any window, door, fire department sprinkler connection, or street number sign.

(D)

Temporary signs shall not be affixed to a permanent sign or its supporting structure, including both building mounted and freestanding permanent signs.

(E)

Temporary signs shall not be placed in a manner that obstructs clear site distance (within the required sight triangle) for motorists at street intersections or driveways.

(F)

Temporary signs, other than Type 4 freestanding temporary signs, shall not be placed upon any sidewalk or other pedestrian walkway.

(G)

Temporary signs shall not be placed on the roof of a building, or affixed to a motor vehicle, tree, utility pole, or street sign.

(H)

Where temporary signs are limited in the duration of their display and limited in the total number of displays per calendar year, any required period of separation between such displays shall carry through to the following calendar year, and shall be observed prior to initiating the first allowed display during the new calendar year.

(A)

General provisions. The following standards apply to all freestanding temporary signs:

(1)

Signs shall not be affixed to poles, posts, stakes or other supporting structures that are permanently installed or anchored into the ground through the use of concrete foundations or similar anchoring techniques.

(2)

Signs, other than Type 4 freestanding temporary signs, shall be not be set in the right-of-way.

(3)

No more than one freestanding temporary sign may be displayed on a parcel or group of adjacent parcels under common ownership or tenancy at any given time, regardless of type, unless otherwise expressly permitted.

(B)

Type 1 freestanding temporary signs. Signs in this category consist of small, temporary yard signs that are typically associated with (but not limited to) the advertisement of real estate, political campaigns, and meeting announcements.

(1)

Where permitted. Type 1 freestanding temporary signs may be displayed in any zoning district and may be associated with any use, including parcels containing vacant or undeveloped land.

(2)

Permitted size. The maximum sign display area is limited to six square feet (per side if dual sided).

(3)

Permitted height. The maximum height of the sign, including any supporting posts or stakes, is limited to four feet above the adjacent grade.

(4)

Number permitted. A maximum of three Type 1 freestanding temporary sign per street frontage may be displayed on a parcel or group of adjacent parcels under common ownership or tenancy.

(5)

Sign material. The display area (sign face) shall be composed of a rigid material.

(6)

Mounting standard. Signs may only be mounted and supported by posts or stakes.

(7)

Number of sides. The display area may be either single or dual sided.

(8)

Permitted duration of display. There is no limit to the duration of the display of a Type 1 sign.

(C)

Type 2 freestanding temporary signs. Signs in this category are typically referred to as "banners" that are typically associated with (but not limited to) the announcement of community, sporting, and similar special events.

(1)

Where permitted. Type 2 signs are permitted only on parcels or groups of adjacent parcels under common ownership which contain a use in the recreational & entertainment, civic, government & institutional, office & service, and retail & wholesale use categories.

(2)

Permitted size. The maximum sign display area is limited to 18 square feet (per side if dual sided).

(3)

Permitted height. The maximum height of the sign, including any supporting posts or stakes, is limited to four feet above the adjacent grade.

(4)

Number permitted. One Type 2 freestanding temporary sign may be displayed on a parcel or group of adjacent parcels under common ownership or tenancy.

(5)

Sign material. The display area (sign face) shall be composed of flexible material.

(6)

Mounting standard. Signs may only be mounted and supported by posts or stakes.

(7)

Number of sides. The display area may be either single or dual sided.

(8)

Permitted duration of display. Type 2 signs are permitted to be displayed for a maximum period of 14 calendar days. A maximum of six separate displays are permitted during each calendar year with a minimum of ten days of separation between displays.

(D)

Type 3 freestanding temporary signs. Signs in this category are large temporary signs typically associated with (but not limited to) the advertisement of large tracts of land for sale, construction, and development activity or the advertisement of commercial or industrial buildings for sale or lease.

(1)

Where permitted. Type 3 signs are permitted only on parcels or groups of adjacent parcels under common ownership which contain either:

i.

A use in the residential uses group where the size of the parcel or group of adjacent parcels under common ownership is a minimum of three acres in size;

ii.

Vacant or undeveloped land where the parcel or group of adjacent parcels under common ownership is a minimum of one acre in size; or

iii.

A use in any other category or use group, provided that the parcel upon which the sign is displayed has a minimum of 100 feet of frontage on a public street, as measured at the right-of-way.

(2)

Simultaneous display prohibited. A Type 3 sign shall not be displayed upon a parcel that contains a permanent freestanding sign, including a sign structure that has had its display area removed.

(3)

Permitted size. The maximum display area is limited to 32 square feet (per side if dual sided).

(4)

Permitted height. The maximum height of the sign, including any supporting posts or stakes, is limited to eight feet above the adjacent grade.

(5)

Number permitted. One Type 3 freestanding temporary sign may be displayed on a parcel or group of adjacent parcels under common ownership or tenancy.

(6)

Sign material. The display area (sign face) shall be composed of a rigid material.

(7)

Mounting standard. Signs shall be mounted to and supported by a minimum of two separate posts or stakes.

(8)

Number of sides. The display area may be either single or dual sided.

(9)

Permitted duration of display.

i.

Type 3 signs may be displayed without limit to duration upon any parcel or group of adjacent parcels under common ownership which contain only vacant or undeveloped land, including land whose principal use is the production of agricultural commodities or forestry.

ii.

In all other cases, the duration of display shall be limited to two years, provided that this limit shall not apply if the land, and any building(s) and/or structure(s) upon such parcel or group of parcels is not occupied or in active use.

iii.

Where the display of a Type 3 sign is subject to a limit on the duration of display, there shall be a minimum period of separation of 60 days between the removal of the previously permitted sign and the display of a new sign. Such period of separation shall apply in all cases where a sign subject to a limit on the duration of its display is removed, regardless of whether the maximum allowed duration for its display has been reached at the time of its removal.

(E)

Type 4 freestanding temporary signs. The category of signs defined as Type 4 freestanding temporary signs shall include only those signs which are constructed in a manner that is commonly referred to as an "A-frame" or "sandwich board" sign. The faces of the sign shall be connected at the top by hinges or similar mechanisms and the sign shall be self-supporting when placed in its display position.

(1)

Where permitted. Type 4 signs may be displayed by any nonresidential use.

(2)

Permitted size. The maximum sign display area is limited to six square feet per sign face.

(3)

Permitted height. The maximum height of the sign is limited to four feet above the grade of the surface upon which it is displayed when placed in its display position.

(4)

Number permitted. One Type 4 freestanding temporary sign may be displayed per customer entrance, provided that no more than two Type 4 signs may be displayed per tenant space along the same building frontage.

(5)

Sign material standard. The display areas (sign faces) shall be composed of rigid material.

(6)

Placement Standards.

i.

Type 4 signs may be placed upon a public sidewalk or other pedestrian walkway, provided that a minimum of five feet of unobstructed clearance is maintained along the directional path of the walkway.

ii.

In no case shall a Type 4 sign be placed in a manner that obstructs vehicular access or movement.

(7)

Permitted duration of display. Type 4 signs may only be displayed during the period beginning 30 minutes prior to the daily opening and ending 30 minutes following the daily closing of the use displaying the sign.

Temporary signs mounted to building walls may be displayed subject to the following provisions:

(A)

Wall mounted temporary signs are only permitted on buildings used for nonresidential purposes.

(B)

One temporary wall sign may be displayed per building occupied by a single tenant. Buildings designed for occupancy by multiple tenants where each tenant has a separate entrance may display one temporary wall sign per tenant space. Buildings occupied by multiple tenants that share a common entrance may not display more than one temporary wall sign at any given time.

(C)

Temporary wall signs shall be mounted flush against the building wall and secured by fasteners or other anchors at each corner.

(D)

The maximum display area for temporary wall signs shall be the greater of 18 square feet or 25 percent of the maximum permitted permanent wall signage, not to exceed 36 square feet.

(E)

Temporary wall signs may be displayed for a maximum of 30 consecutive calendar days.

(F)

Temporary wall signs may be displayed a maximum of four times per calendar year, with a minimum of 30 days of separation between removing a temporary wall sign and displaying a new temporary wall sign. The minimum time period between temporary sign displays for buildings housing multiple uses that share a common entrance is ten days.

The issuance of a zoning permit for a temporary use allows the display of one temporary sign per street frontage at the permitted location of the temporary use for the period of operation as specified in the permit.

Beginning on the 30 ^th day prior to the beginning of early voting for any scheduled primary or election, as established by the North Carolina Board of Elections, and ending the 10 ^th day following the primary or election, the limit on the number of Type 1 freestanding temporary signs that may be displayed on a parcel containing a use in the residential uses group is suspended. All other regulations associated with such signage shall remain in effect during such period of suspension. Following the end of such period of suspension of this regulation, the limit on the number of permitted Type 1 freestanding temporary signs shall be in force until the following period of suspension.

The following regulations govern the installation and display of permanent signs. All permanently installed signs shall comply with these regulations unless otherwise explicitly exempted by the provisions of this article.

(A)

Residential districts. Nonresidential uses in a residential zoning district may display wall signage in accordance with the following standards:

(1)

Location. Wall signs may be mounted on any building wall that faces a street.

(2)

Number permitted. One sign may be displayed per building wall upon which a wall sign is permitted.

(3)

Maximum area. The maximum sign area shall be ten percent of the area of the building wall upon which the sign is located, not to exceed 100 square feet.

(4)

Mounting location. Wall signs shall not extend above the building wall.

(5)

Illumination. Wall signs may only be illuminated between sunrise and 10:00 p.m.

(B)

I-1, O&CS, B-2 and M-1 districts. Wall signs may be displayed in conformance with the following standards.

(1)

Location. Wall signs may be mounted on any building wall that faces a street, parking area, or that contains a customer entrance.

(2)

Number permitted. There is no limit on the number of wall signs that may be displayed, provided that the aggregate square footage of all signs may not exceed the maximum permitted sign area per wall.

(3)

Maximum area. The maximum sign area shall be limited to 20 percent of the area of the building wall or tenant space upon which the sign is located, not to exceed 200 square feet.

(4)

Mounting location. Wall signs shall not extend above the building wall.

(5)

Illumination. Wall signs may be illuminated either internally or externally.

(C)

B-1 district. Wall signs may be displayed in conformance with the following standards.

(1)

Location. Wall signs may be mounted on any building wall that faces a street.

(2)

Number permitted. One sign may be displayed per building wall upon which a wall sign is permitted.

(3)

Maximum area. The maximum sign area shall be limited to ten percent of the area of the building wall or tenant space upon which the sign is located, not to exceed 100 square feet.

(4)

Mounting location. Wall signs shall not extend above the building wall.

(5)

Illumination. Wall signs may only be illuminated externally.

(6)

Prohibited design.

i.

Cabinet or box style wall signs are prohibited.

ii.

Wall signs shall not project more than 12 inches from the wall upon which they are mounted.

(A)

Residential districts. Nonresidential uses in a residential zoning district, as well as major residential subdivisions, townhome developments, and multi-family developments may display freestanding signage in accordance with the following standards:

(1)

Number permitted. One sign is permitted per street frontage for nonresidential uses and one sign is permitted per street entrance for residential uses.

(2)

Maximum area. The maximum area per sign face shall be limited to 32 square feet.

(3)

Illumination. Only external illumination is permitted.

(B)

B-2 and M-1 districts. Freestanding signs may be displayed in conformance with the following standards.

(1)

Number permitted. One freestanding sign is permitted per street frontage, provided that freestanding signs on different frontages shall be separated by a minimum of 100 feet as measured in a straight line between the signs.

(2)

Permitted sign area. The permitted sign area per face shall be 60 square feet per street frontage up to a maximum of 100 square feet based on the length of the frontage, with total sign area allocated on the basis of 0.5 square feet per linear feet of street frontage.

(3)

Maximum height. Freestanding signs shall not exceed 15 feet in height, except that they may be up to 20 feet tall when located more than 300 feet from a residentially zoning district.

(4)

Illumination. Freestanding signs may be illuminated either internally or externally.

(C)

B-1, I-1 and O&CS districts. Freestanding signs may be displayed in conformance with the following standards.

(1)

Number permitted. One freestanding sign is permitted per street frontage, provided that freestanding signs on different frontages shall be separated by a minimum of 100 feet as measured in a straight line between the signs.

(2)

Permitted sign area. The permitted sign area per face shall be 32 square feet per street frontage up to a maximum of 80 square feet based on the length of the frontage, with total sign area allocated on the basis of 0.5 square feet per linear feet of street frontage.

(3)

Maximum height. Freestanding signs shall not exceed ten feet in height.

(4)

Illumination. Freestanding signs may be illuminated either internally or externally.

(A)

Where permitted. Awning signs shall be permitted to be displayed on awnings associated with any non-residential use in any zoning district subject to such additional limitations and conditions as included herein.

(B)

Permitted sign location. Awning signs may only be displayed on awnings which are installed to cover a customer entrance.

(C)

Number of signs permitted. One sign may be displayed per awning installed to cover a customer entrance.

(D)

Permitted sign area. Awning signs may be displayed across up to 80 percent of the width of the valance of an awning.

(E)

Illumination. Awning signs are permitted to be indirectly illuminated if no wall signage is displayed on the frontage where the awning sign is located.

(F)

Multi-tenant and combined developments. Each tenant space within a multi-tenant building or building within a combined development shall utilize either wall signs or awning signs exclusively.

(A)

Where permitted. Projecting signs shall be permitted to be displayed in association with any non-residential use in the B-1, B-2, and O&CS districts subject to such additional limitations and conditions as included herein.

(B)

Permitted sign location. Projecting signs may be displayed on any building wall where a wall sign is permitted to be displayed. When projecting signs are displayed on the same building wall as a wall sign, the projecting sign shall be mounted in a location that is either directly above or below the wall sign (the primary sign where multiple wall signs are displayed) and centered on the midpoint of such sign. Alternatively, a projecting sign may be displayed at the intersection (corner) of two building walls.

(C)

Number of signs permitted. One projecting sign is permitted per building wall where a wall sign is permitted to be displayed. Where a projecting sign is displayed on the corner of a building, no other projecting sign may be displayed on either intersecting building wall.

(D)

Permitted sign area. Projecting signs may have an area of up to 16 square feet.

(E)

Design and mounting requirements. Projecting signs shall be designed so that each face of the sign is parallel to the other face. When mounted at a location other than the corner of a building, the faces of the projecting sign shall be aligned so that they are perpendicular to the building wall.

(F)

Minimum clearance required. Projecting signs shall be installed in such a manner as to provide a minimum of seven feet of clearance above pedestrian walkways.

(G)

Maximum projection. Projecting signs shall not project greater than five feet from the building wall to which they are attached. Projecting signs shall be installed so that the edge of the sign closest to the building wall is no greater than 12 inches from such wall.

(H)

Illumination. Projecting signs may be illuminated either internally or externally. When illuminated externally, the light source shall be mounted directly to the sign.

(I)

Changeable copy. No changeable copy feature, either manual or electronic, is permitted to be included on a projecting sign.

(A)

Where permitted. Canopy signs shall be permitted to be displayed in association with any non-residential use in the B-2 and M-1 districts subject to such additional limitations and conditions as included herein.

(B)

Permitted sign location. Canopy signs may be displayed on any freestanding or attached canopy covering a vehicular use area, such as an automobile fueling area or passenger drop-off area.

(C)

Number of signs permitted. One sign may be displayed per side of the canopy.

(D)

Permitted sign area. Signs may occupy up to 20 percent of the area of the valance of the canopy, up to a maximum of 24 square feet.

(E)

Illumination. Signs on canopies may be internally or externally illuminated.

(F)

Changeable copy. No changeable copy feature, either manual or electronic, is permitted to be included on a canopy sign.

(A)

Suspended pedestrian signs. One sign no larger than four square feet in area may be suspended from an awning, canopy, or other pedestrian cover directly in front of a customer entrance for a non-residential use. Such signs shall be mounted perpendicularly to the customer entrance and maintain a minimum of seven feet of clearance above the pedestrian walkway. Such signs may not be illuminated.

(B)

Pedestrian wall signs. Non-residential uses may display one sign, not to exceed four square feet in area, on a building wall immediately adjacent to each customer entrance. No more than one sign per entrance is permitted. Signs shall be mounted within four feet of the customer entrance with which they are associated and the top of such signs shall not exceed seven feet above the grade of the adjacent pedestrian walkway.

(C)

Window signs. Non-residential uses in the B-1, B-2, O&C, and M-1 districts may display signs on windows and doors located on the street level floor of a building frontage. Window signs may cover, in total, up to 50 percent of the nearest window or door on the same building or façade. Window signs shall not be illuminated.

(D)

Entrance drive signs. One sign, not exceeding four square feet in area, may be displayed on each side of the street entrance to the parking area or internal driveway network of a non-residential use. Such signs shall not exceed three feet in height, and shall be located within 15 feet of the intersection of the driveway and the street right-of-way.

(E)

On-premise directional signs. Signs shall not exceed three feet in height and shall not exceed four square feet in area.

(F)

Regulatory signs. Signs required to be installed by any local, state, or federal rule, regulation or ordinance may be displayed in accordance with the standard establishing their size and placement. Examples of such signs include required building address signs and fire safety signage.