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Durham City Zoning Code

Article

11 Sign Standards

11.1.1. Purpose

The purpose of this section is:

A. To encourage the effective use of signsClosed as a means of communication;

B. To maintain and enhance the aesthetic environment, and the community's ability to attract sources of economic developmentClosed and growth;

C. To eliminate physical and visual clutter;

D. To improve pedestrian and traffic safety; to minimize the possible adverse effects of signsClosed on nearby public and private property; and

E. To enable the fair and consistent enforcement of these signClosed regulations.

11.1.2. Effect

The effect of this section is:

A. To establish a permit system that allows a variety of types of signsClosed on business premises and a limited variety of signsClosed on other premises, subject to this Ordinance and its permit procedures;

B. To allow certain small, unobtrusive signsClosed incidental to the principal use of a site without a permit if such signsClosed meet the substantive requirements of this Ordinance;

C. To prohibit off-premise advertising signsClosed, except where regulation is controlled by state or federal law;

D. To allow a variety of types of noncommercial signsClosed subject to the same substantive and permit requirements that control on-premise signsClosed;

E. To allow certain types of signsClosed to make minor encroachmentsClosed of the public right-of-wayClosed, if specially permitted; and

F. To prohibit all signsClosed not expressly permitted by this Ordinance.

11.2.1. Sign Defined Interpretations

A. A signClosed shall be considered any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacentClosed property and used to attract attention.

B. This definition includes the structureClosed or the face on which a signClosed message is displayed.

C. For the purposes of this section, this definition shall not include "trade dress," i.e.; architectural features identified with a product or business, as a signClosed.

D. Various kinds of signsClosed are further defined in this section.

E. (County Only) SignsClosed within the SRP-C District shall be regulated pursuant to this Article if legible from property not zoned SRP-C, instead of “adjacentClosed property” as indicated in paragraph A, above.

11.2.2. Sign Calculation Standards

A. Sign Area

1. The area of a signClosed shall include all lettering, wording, designs and symbols, together with the background, whether open or enclosed, on which they are displayed. The supporting structureClosed or bracing of a signClosed shall be omitted in measuring the area of the signClosed unless such structureClosed or bracing is made part of the message or face of the signClosed. Any backlit area shall be considered part of the face of the signClosed.

Commentary:  The “golden arches” at McDonald’s, if used as support for a signClosed, are clearly integral to the signClosed message and would be included in the computation of the area of the signClosed face.

 

 

2. Where a signClosed consists of individual letters, words or symbols attached to a surface, buildingClosed, canopyClosed, awning, wall or window and all such elements are located in the same plane, the signClosed area shall be the area of the smallest rectangle which completely encompasses all such letters, words or symbols and any accompanying background of a color different than the natural color of the wall. Where such signClosed includes multiple words, each word located in the same plane shall be computed separately.

Commentary: Channel letter signsClosed, mounted logos, and similar devices are treated differently than signsClosed in cabinets – the wall area between multiple elements does not count as signClosed area.

 

3. The area for a signClosed with more than one face shall be computed by adding together the area of all signClosed faces. On all signsClosed other than wall signsClosed, which shall only be allowed one face, signsClosed with identical signClosed faces placed in such a manner to ensure that the angle at which the two signClosed faces are placed does not exceed 60 degrees, shall be considered as a single face.

 

Commentary:  It is presumed that where signClosed faces are placed less than 60 degrees apart, both faces are not readable from any one point.

 

4. The entire surface area of a multi-tenant signClosed that depicts the names of the individual tenants shall count toward the total aggregate area of the signClosed.

5. All monument signsClosed shall incorporate a street address number or address range. Street address numbers shall be a minimum of six inches high in residential districtsClosed, and 12 inches high in all other districts. The area of the address number shall not be computed as part of the signClosed face unless it exceeds twice the minimum number height requirement. All such street address numbers shall be displayed in accordance with City or County standards, as applicable.

B. Aggregate Sign Area

1. The maximum allowable aggregate signClosed area of all signsClosed in a project that may be allocated among all signClosed types allowed or permitted on the site shall be as follows:

a. Buildings within the DD District and Compact Neighborhood Tiers shall be permitted a signClosed area equal to 25% of the wall area below 26 feet in height plus 10% of the wall area above 26 feet in height, except where this Ordinance allows signsClosed in the DD District with no maximum size. This standard shall also apply to the SRP-C District (County Only) and the CSD District.

b. Buildings within nonresidential zoning districts except those listed in paragraphs c or d below shall be permitted two square feet of signClosed area for each linear foot of lot frontage.

c. Buildings in the OI District and the -TO Overlay shall be permitted one square foot of signClosed area for each linear foot of lot frontage.

d. Buildings in the SRP, IL, and I districts shall be permitted two and one quarter square feet of signClosed area for each linear foot of lot frontage.

e. In order to accommodate projects with very small frontages at least 32 square feet of signClosed area shall be permitted as a minimum in all nonresidential districts.

2. Application of the aggregate signClosed area allowable shall not permit the area of any single signClosed or signClosed type to exceed the standard established elsewhere in this Article.

C. Sign Height

The height of a signClosed shall be computed as the distance from the base of the signClosed at a computed gradeClosed to the top of the highest attached component of the signClosed (including the signClosed face, signClosed structureClosed, or any other appurtenance). The computed gradeClosed shall be the elevation of the nearest point to the proposed signClosed location of the crown of the nearest public street providing access; or the gradeClosed of the land at the principal entrance to the principal structureClosed on the lot, whichever is higher.

11.2.3. Substitution of Noncommercial Message

Noncommercial signsClosed shall be allowed in all districts and may be substituted for any signClosed expressly allowed under this Ordinance. Noncommercial signsClosed shall be subject to the same permit requirements, restrictions on size and type, and other conditions and specifications as apply to the signClosed for which they are being substituted.

11.2.4. Illumination

A. SignsClosed may be illuminated from within or from an external source, but such illumination shall be in a manner which avoids glare or reflection which in any way interferes with traffic safety.

B. Internally illuminated signsClosed shall be required to have an opaque background and translucent copy.

C. SignClosed lighting shall not be detrimental to adjacentClosed residential property. Property directly across a public right of way, other than a controlled access highway, shall be considered to be adjacentClosed property.

D. Unless otherwise permitted within this Ordinance, signsClosed shall not be illuminated by moving lights, flickering lights, or a string of lights placed around the signClosed.

11.2.5. Design, Construction and Maintenance

A. All signsClosed shall comply with applicable provisions of the North Carolina BuildingClosed Code and the National Electrical Code.

B. SignsClosed shall be constructed of permanent materials and permanently affixed to the ground or buildingClosed except for those signsClosed that, by their nature, are considered temporary:

C. Permanent signsClosed shall be maintained in good condition at all times and shall be kept free of cracked or peeling paint, missing or damaged signClosed panels or supports, and weeds, grass or vegetation that obscures the view of the signClosed message.

11.2.7. Changeable Copy on On-Premise Signs

Except as authorized under paragraph 11.3.1B, Exception for Downtown Tier, changeable copyClosed shall be allowed only on on-premise signsClosed that are: in nonresidential districts, associated with nonresidential uses in the PDR District, or associated with places of worshipClosed and institutional uses in any district, subject to the following:

A. No more than 50% of the area of a signClosed shall be devoted to changeable copyClosed, except for signsClosed for theatersClosed which can devote up to 80% of a signClosed to changeable copyClosed.

B. The display of copy shall not change more than eight times in one day, except for time and temperature displays.

C. Displayed copy shall not be animated, blinking, chasing, flashing, or have other moving effects. This provision shall not restrict the copy from changing from one message to another.

11.2.8. Nonconforming Signs

A. SignsClosed that were lawful as of the effective date of this Ordinance but are not in conformance with current requirements shall be permitted to be maintained as nonconforming signsClosed.

B. Nonconforming Off-Premise Signs

Certain off-premise signsClosed, as defined in Sec. 11.3, Prohibited SignsClosed, that were made nonconforming by previous ordinances but were allowed to continue beyond the amortization period in force for other off-premise signsClosed may continue to exist until such point that compensation is not required for their removal under federal law, subject to the following restrictions, which are carried forward from previous ordinances, or are clarifications of such ordinances:

1. The signsClosed and supporting structures may not be enlarged, moved to a different location in the City or County except by moving 1/100th of a mile on the same signClosed location or site as authorized by 19A NCAC 2E.0210(16), or improved through replacement by substantially different materials or in any other manner;

2. Lights and/or other electric or electronic features may not be added, and the intensity of lighting may not be increased;

3. The signsClosed must operate in compliance with all other restrictions in Article 11, and the UDO, and other local regulations, including but not limited to prohibitions on signClosed operation and signClosed features contained in paragraph 11.3.1 and 11.3.2 and prohibitions on dilapidated and damaged signsClosed contained in 11.3.6 and 11.3.7.

4. The signsClosed shall be removed if repair or damage to the signClosed and structureClosed exceeds 50% of value as determined by the criteria in 19A NCAC 2E.0225(f);

5. The signsClosed shall operate in compliance with all restrictions contained in federal and/or State law and regulation; and

6. The ownerClosed of such signsClosed shall maintain all necessary records and documents, including permits, required to be obtained under previous ordinances and/or State law or regulation, to demonstrate that the signClosed may continue to exist under the provisions of paragraph 11.3.5.

The restrictions contained in this section, 11.2.8B shall not be interpreted to prohibit the City or County from requiring removal of any nonconforming off-premise signClosed when removal is accomplished in accordance with applicable law, including but not limited to federal and/or state requirements regarding compensation.

11.3.1. Animated or Motion Signs

SignsClosed with animated, blinking, chasing, flashing, or moving effects; however, this provision shall not prohibit signsClosed with an alternating display of time or temperature and signsClosed with changeable copyClosed pursuant to paragraph 11.2.7, Changeable CopyClosed on On-Premise SignsClosed.

A. General Prohibition

In all tiers other than the Downtown Tier, signsClosed with animated, blinking, chasing, flashing, or moving effects (including but not limited to signClosed faces that periodically change to show different images or messages) are prohibited, with the exception of signsClosed that alternate the display of time or temperature and signsClosed with changeable copyClosed under Sec. 11.2.7, Changeable CopyClosed on On-Premise SignsClosed.

B. Exception for Downtown Tier

In the Downtown Tier, signsClosed with animated, blinking, chasing, flashing, or moving effects, including signClosed faces that periodically change to show different images or messages shall be allowed through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit. In addition to the review factors in paragraph 3.9.8B, Review Factors, the following review factors shall also be considered:

1. The signClosed or signsClosed are spaced so as to not lead to excessive animated signage in an area;

2. There is no negative impact upon traffic safety; and

3. There is artistic or historic merit or other design qualities that will have a positive impact on the downtown.

11.3.3. Windblown or Inflated Signs

Fluttering, spinning, windblown or inflated devices including pennants, propeller discs, flags or banners which do not conform with the requirements of this Ordinance unless associated with a temporary use in the Downtown Tier authorized under Sec. 3.12, Temporary Use Permit, and Sec. 5.5, Temporary Uses.

11.3.4. Portable Signs

Any signClosed not permanently attached to the ground or other permanent structureClosed, including but not limited to signsClosed:

A. With attached wheels;

B. Converted to A- or T-frame signsClosed;

C. Menu and sandwich board signsClosed. This provision shall not apply to approved moveable sidewalk signsClosed as set forth in paragraph 11.5.2, Moveable SignsClosed on Sidewalk;

D. Gas or hot air filled displays; and

E. Attached or painted on vehiclesClosed parked and visible from the right-of-wayClosed, unless said vehicleClosed is used as a vehicleClosed in the normal day-to-day operations of the business.

11.3.5. Off-Premise Signs

A. A signClosed that directs attention to a business, commodity, service or entertainment not conducted, sold, or offered on the premises where the signClosed is located, or which business, commodity, service, or entertainment forms only minor or incidental activity upon the premises where the signClosed is displayed. The sale of a commodity shall be considered a minor activity if the commodity advertised is a specific brand or if the advertising content is not directly controlled, or has in the past not been directly controlled by the operator of the on-premise business. These product-oriented signsClosed shall be considered on-premises signsClosed if they comply with on-premise signClosed requirements.

B. Notwithstanding the prohibition in paragraph 11.3.5A, above, the provisions of paragraph 11.2.8, Nonconforming SignsClosed, shall apply to nonconforming off-premise signsClosed located along federal and primary or interstate highways that were existing as of September 4, 1990, in the City or December 1, 1989, in the County and meet all requirements of paragraph 11.2.8.

C. The prohibition of off-premise signsClosed shall not apply to signsClosed allowed pursuant to paragraph 11.6.2A.8, Way-Finding SignsClosed, and paragraph 11.6.2A.9, Non-Residential Entry SignsClosed.

11.3.6. Obsolete Signs

A. A signClosed relating to or identifying a business or activity that has not been conducted on the premises for six months or to a transpired election or event, or to a political party or non-profit organization that no longer exists.

B. The structureClosed for a signClosed that is not allowed under this Ordinance if such structureClosed cannot be used for a legal use or does not comply with the height, size, or other physical requirements of the Ordinance.

11.3.8. Signs Constituting Traffic Hazards

11.3.9. Signs Located in the Public Right-of-Way

Except as allowed in Sec. 11.4, SignsClosed Allowed in All Districts without a Permit, and those signsClosed expressly allowed in rights-of-way in Sec. 11.5, SignsClosed Allowed in Right-of-WayClosed, all signsClosed, including supports, frames, and embellishments, that are located within a public right of way or attached, affixed, or painted on any utility pole, light standard, utility box or pedestal, tree, rock, or other natural object located within the public right of way or on public property, except as expressly permitted by the City Public Works Director, or designee; County General Services Director, or designee; or NCDOT, as applicable.

11.4.1. General

A. The signsClosed under this section shall be allowed in all zoning districts.

B. No signClosed permit shall be required; however, the property ownerClosed’s consent shall be obtained before erecting such signage.

C. Other than vending machines, automatic tellers, and gasoline pumps, no signsClosed allowed under this section shall be illuminated.

D. All signsClosed shall be located outside the public right-of-wayClosed and outside of any required sight distance triangle except signsClosed pursuant to paragraph 11.4.2D, Directional SignsClosed for Sale, Lease, or Rental of Residential Property.

11.4.2. Sign Types Allowed Without a Sign Permit

A. Banner Signs

A lightweight fabric or similar material which is permanently mounted to a pole either enclosed in a frame or mounted to restrict movement caused by the atmosphere.

Standards

1. Each banner shall be at least six square feet in area but no more than 36 square feet in area, and all banners on the same lot shall be consistent in terms of colors and materials used.

2. Each banner shall be individually attached to a pole, mast arm or other structureClosed.

3. An overall signage plan shall be approved when multiple banners are placed on a lot.

4. All banners shall be maintained in good condition.

5. Banners shall display information that is solely decorative or noncommercial, and can include information that identifies historic districts or historic landmarks, and shall not be included in the computation of total signClosed area on a property. See Sec. 7.7, Flagpoles and Flags, for regulation of flags and flagpoles.

6. Banners which display a logo, message, statement, or expression relating to commercial interests are considered signsClosed which require a signClosed permit by this Ordinance and shall conform to the requirements for suspended signsClosed, projecting signsClosed or freestanding signsClosed, depending on the method of installation and support.

B. Construction Signs

A signClosed that identifies architects, engineers, contractorsClosed and other individuals or firms involved with construction on the premises, the name of the buildingClosed or developmentClosed, the intended purpose of the buildingClosed, and/or the expected completion date.

Standards

1. In single-familyClosed residential districtsClosed on projects not involving multiple lots, such signsClosed shall not exceed six square feet in area and four feet in height and are limited to one per lot.

2. In all other circumstances, such signsClosed shall not exceed 32 square feet in area and eight feet in height, except in the DD District where such signsClosed shall not exceed:

a. 10% of the buildingClosed façade area along the street frontageClosed location or 120 square feet in area, whichever is less; and

b. Eight feet in height.

3. The signClosed shall be removed prior to the issuance of a Certificate of ComplianceClosed.

4. Construction signsClosed in accordance with this section are permitted at a maximum rate of one signClosed per 50 continuous linear feet of construction fence.

5. Where there is no construction fencing, the number of signsClosed allowed shall be one per street frontageClosed.

C. Customary Identification Signs

SignsClosed such as buildingClosed numbers, addresses, private parking signsClosed, no trespassing signsClosed or dangerous animal signsClosed.

Standards

Such signsClosed shall not exceed three square feet in area per signClosed.

D. Directional Signs for Sale or Rent of Residential Property

SignsClosed that provide directional information regarding the sale or lease of residential property.

Standards

1. The signsClosed contain only directional information [i.e., directional arrows, "left 100 yardsClosed", "2nd right", etc.] and "house for rent", "open house", "new house(s) for sale" or the name of the project. Other information such as the name of a builder or real estate company is prohibited.

2. The signsClosed shall be temporary signsClosed on white background, unlit, and limited to two square feet per side for a single user. The signClosed message may be placed on each side of the signClosed. The signsClosed shall not exceed four feet in height and shall not obstructClosed vision clearances.

3. In order to avoid the placement of a series of signsClosed along several miles of roadway, no more than five signsClosed shall be allowed per project, or per property when a single dwelling is for sale or rent. SignsClosed shall be placed no farther than one mile from the project or property for which directions are given.

4. Each user is allowed only one signClosed per intersection.

5. SignsClosed for properties for sale or lease shall be removed when a contract is closed on the last property for sale or lease in the project.

6. To encourage assistance in compliance with these requirements, the Planning Director, or designee, may notify the Board of Realtors or the Home Builders Association regarding violationsClosed of these provisions.

E. Farm Signs

SignsClosed advertising agricultural products grown or producedClosed on the premises of a farmClosed at least five acres in size.

Standards

1. The signsClosed shall not exceed 16 square feet in area per side and eight feet in height.

2. The number of signsClosed shall not exceed a ratio of one signClosed per 1000 feet of roadClosed frontage of farmClosed property. If more than one signClosed is allowed, the signsClosed shall be at least 500 feet apart. If the farmClosed property fronts on more than one roadClosed, each frontage shall be considered separately.

3. The signsClosed shall be set back at least 10 feet from the right-of-wayClosed and at least 50 feet from the intersections so that they do not interfere with vision clearances on roadsClosed.

4. The signsClosed shall be removed during seasons when sales have ceased.

5. Agricultural properties that wish to apply for permanent signsClosed may do so by permit under the provisions of Sec. 3.10, SignClosed Permit, but in that event, additional unpermitted signsClosed shall not be allowed.

F. Historic Markers

A signClosed indicating the date of construction, the name of the buildingClosed, the principals involved in its construction, or other historical facts. Historic or memorial markers can be erected by a governmental agencyClosed or private, nonprofit historic preservation or education organization, pursuant to a plan or program for the erection of such signsClosed or markers applied on a national, State, or county-wide basis, or to properties within a duly authorized local historic district.

Standards

1. The plan or program sponsoring the signClosed shall employ uniform standards of eligibility and the signClosed or marker shall commemorate a personClosed, buildingClosed, place or event of historical, civic, cultural, natural historical, scientific, or architectural significance.

2. Each such signClosed or marker shall be made of cast metal, cut masonry, painted wood, glass, other metal or other similar durable weatherproof material.

3. BuildingClosed-mounted signsClosed shall not exceed six square feet in area.

4. Freestanding signsClosed shall not exceed 16 square feet in area.

G. Home Occupation Signs

A signClosed advertising a home occupationClosed.

Standards

Only one wall signClosed not exceeding three square feet in area shall be allowed.

H. Incidental Signs

An on-premise signClosed giving information or direction for the convenience and necessity of the public such as "entrance," "exit," "no admittance," "telephone," "parking," etc.

Standards

Such signsClosed shall not exceed three square feet of area per signClosed or four feet in height and shall not contain any logos.

I. Murals

An image, such as a painting or enlarged photograph, applied directly to a wall or ceiling.

Standards

1. Murals containing graphics, other than logos or registered trademarks, related to goods and services provided on site are allowed without a permit.

2. Commercial text, logos, or trademarks contained within the mural shall comply with the standards for wall signsClosed within paragraph 11.6.1, Table of SignsClosed Requiring Permits.

3. Mural graphics shall not be included in the signClosed area calculations when commercial text is included despite paragraph 11.2.2A.2.

J. Public Art Placards

Messages on public artClosed that recognize the artist and/or sponsor and are clearly subordinateClosed to the art.

Standards

Such signsClosed shall not exceed four square feet in area, or five percent of the total square footage of the art, whichever is smaller.For three-dimensional art, the total square footage of the base shall be used to calculate percentage.

K. Public or Non-Profit Announcements

Announcements by public or non-profit organizations of fund raising events, special events or activities of interest to the general public, other than political signsClosed. Events or activities that are typically routine, such as but not limited to hours of operation, weekly worship times, and other similarly repeated activities shall not be construed to meet this standard.

Standards

1. Such signsClosed shall not exceed 32 square feet in area for nonresidential districts and shall be limited to one per event.

2. Such signsClosed shall not exceed six square feet in area for residential uses in residential districtsClosed and 25 square feet in area for nonresidential uses in residential districtsClosed and shall be limited to one per event, per premise.

3. Within Design districts, such signsClosed shall not exceed 10% of the individual buildingClosed façade area or 32 square feet, whichever is greater.

4. SignsClosed shall indicate the date(s) of the activity or event.

5. The signClosed may be erected up to two weeks prior to the event and shall be removed within seven days after the event. However, in no case shall a signClosed be posted for more than 30 days.

6. (County Only) Within the SRP-C District, such signsClosed shall not exceed 10% of the individual buildingClosed façade area or 32 square feet, whichever is greater.

L. Public Signs

SignsClosed erected by the federal, state, or local government, or governmental entity.

Standards

The signClosed shall contain no commercial logo or message.

M. Real Estate Signs on Nonresidential Property, Multifamily Property, or Subdivision

A signClosed located on nonresidential property, multifamilyClosed residential property, or in one subdivisionClosed if applicable to multiple lots and advertising the property for sale, rent, or lease.

Standards

1. Freestanding signsClosed shall not exceed 32 square feet in area per signClosed and eight feet in height and shall be limited to one freestanding signClosed per street frontageClosed.

2. One wall signClosed per buildingClosed façade shall be allowed if the entire buildingClosed is for sale, rent, or lease. Facades with a frontage measuring less than 100 linear feet shall be allowed a wall signClosed which shall not exceed 16 square feet in area. Facades with a frontage measuring 100 linear feet or more shall be allowed a wall signClosed which shall not exceed 32 square feet in area.

3. If portions of a buildingClosed are for sale, rent, or lease, a single wall signClosed not to exceed eight square feet shall be allowed for each leasable/rentable/salable unit.

4. The signsClosed shall be removed within 15 days after closing or execution of a rental or lease agreement.

N. Real Estate Signs on Residential Property (Other than Multifamily Property or Subdivision)

A signClosed advertising residential property (except for multifamilyClosed dwellings or multiple lots in one subdivisionClosed) for sale, rent or lease.

Standards

1. Such signsClosed shall not exceed six square feet in area and four feet in height for freestanding signsClosed and shall be are limited to one signClosed per street frontageClosed and one wall signClosed per dwelling unitClosed.

2. The signsClosed shall be removed within 15 days after closing or execution of a rental or lease agreement.

O. Traffic Control Signs On Private Property

Any public notice or warning required by applicable federal, State or local law, regulation or ordinance. Any federal, State or local traffic control or other public signClosed when located on private property.

Standards

1. The face shall meet FHWA Manual on Uniform Traffic Control Devices standards.

2. The signClosed shall contain no commercial logo or message.

P. Vending Machines, Automatic Tellers, Gasoline Pumps

SignsClosed that display the name, trademark or logo of the company or brand or prices provided the display is an integral part of vending machine, automatic teller machine or gas pump.

Standards

The signClosed shall not exceed 32 square feet in area per side.

Q. Window Signs

SignsClosed that are attached to, painted on, or etched into a window or displayed within 12 inches (measured horizontally) of the window and are legible from outside of the window.

Standards

1. Such signsClosed in combination with other window signsClosed shall not exceed 10% of the window area on each façade.

2. Such signsClosed in combination with all other signsClosed on the lot shall not exceed the maximum permitted signClosed area for the lot.

R. Yard Sale Signs

A signClosed advertising a yardClosed or garage sale.

Standards

1. YardClosed sale signsClosed shall not exceed four feet in height and six square feet in area per signClosed.

2. Limited to one signClosed per lot.

3. Such signsClosed may be erected up to five days prior to the event and shall be removed within two days after the event.

11.5.1. General

The following signsClosed are allowed within the public right-of-wayClosed in all zoning districts. Where such signsClosed are permanent signsClosed, they shall require a license agreement approved by the Public Works Director, or designee ) and/or an encroachmentClosed agreement approved by NCDOT as applicable. SignsClosed allowed in right-of-wayClosed shall meet all other applicable requirements of this Article.

A. Awning and projecting signsClosed projecting over a public right-of-wayClosed.

B. Emergency warning signsClosed erected by a government agencyClosed, utility company, or a contractorClosed doing work in a public right-of-wayClosed.

C. Public signsClosed erected by or on behalf of the City, County, State or federal government.

D. SignsClosed erected pursuant to a temporary use permit issued by the Planning Director or designee, subject to such ordinances or regulations as may apply.

E. SignsClosed identifying a recognized community, subdivisionClosed or developmentClosed provided that such signsClosed are consistent with an approved overall signClosed plan, site planClosed or subdivisionClosed platClosed. This shall also include signsClosed pursuant to paragraph 11.6.2A.10, Off-Premise Non-Residential Entry SignsClosed.

F. (City only) SignsClosed erected in connections with elections, referenda, or current political events provided that they do not exceed six square feet per signClosed in area and are no more than four feet in height. The signsClosed shall be located so as not to obstructClosed drivers' vision clearances at intersections. Such signsClosed may be posted 45 days prior to an election in which a personClosed identified on the signClosed is a candidate or item identified on the signClosed is on the ballot and shall be removed within 15 days after the election or cessation of candidacy of all personsClosed identified on the signClosed, whichever comes first. Along State rights-of-way such signsClosed may require permits from NCDOT.

11.5.2. Moveable Signs on Sidewalk

A. A moveable signClosed shall not be permanently attached in any way to the sidewalk, and shall not be chained or attached in any way to street furniture, other signsClosed, street trees, other landscaping, or other fixtures or appurtenances on or in the sidewalk.

B. Moveable signsClosed can be located within the street right-of-wayClosed only on sidewalks within the CI, CN, CG, MU Districts, and Design districts and shall not require a permit.

C. Standards

1. Only one moveable signClosed is allowed per buildingClosed street frontageClosed and shall only advertise for the business(s) accessed from that frontage.

2. The signClosed shall be located no more than 10 feet from the main pedestrian entrance. This amount can be increased only by the minimum amount necessary to achieve the minimum width for pedestrian clearance.

3. Pedestrian Clearance

The moveable signClosed shall be placed to allow at least five feet of sidewalk width for unrestricted pedestrian movement.

4. Each sidewalk signClosed shall not exceed two and one half feet in width and four feet in height.

5. The signClosed shall be removed each day by the close of business, and shall be replaced or removed when the appearance or condition of the signClosed deteriorates.

D. Within the CI, CN, CG, and MU Districts, the additional requirements must also be met:

1. The area shall consist of one or more contiguous blocks where at least 75% of the blockface contains buildings which abut the street sidewalk.

2. At least 50% of the buildings shall have space at the street level which consists of retail stores, shops and restaurantsClosed.

3. When the area is located in an historic district overlay, a plan in conformance with the requirements of Sec. 11.8, Elements of Common and Way-Finding Signage PlansClosed, shall be reviewed by the HPC pursuant to Sec. 3.17, Certificate of Appropriateness.

11.6.1. Signs Requiring Permits

Upon issuance of a signClosed permit ¬in accordance with Sec. 3.10, Sign Permit, the following signsClosed shall be allowed subject to the following requirements.

A. Awning Signs

A signClosed which is a part of a fabric or other non-structural awning.

Standards

Awning signsClosed shall be permitted for nonresidential uses and in all nonresidential zoning districts subject to the following requirements:

1. The signClosed shall be flat against the surface of the awning.

2. The signClosed shall maintain a clearance of seven feet six inches above a public right-of-wayClosed or required front yardClosed.

3. The signClosed shall not be closer than two feet, measured in horizontal distance, from the curb line of any street.

4. The signClosed shall not extend more than five feet into the right-of-wayClosed unless a license agreement pursuant to paragraph 11.5.1, General, has been issued.

5. Any fabric awning valance may not extend more than one foot below the rigid mount of the awning.

6. The maximum signClosed area is 40 square feet per signClosed.

7. Only one signClosed is permitted over each door or window.

8. The area of all permitted awning signsClosed shall be included in the area of all wall signsClosed.

B. Canopy Signs

A signClosed on a permanent, decorative porch or walkway cover other than an awning which is attached to a buildingClosed or supported by columns extending to the ground.

Standards

1. CanopyClosed signsClosed shall be permitted on nonresidential uses subject to the following requirements:

2. The maximum signClosed area per canopyClosed face is 12 square feet.

3. The vertical edge of the canopyClosed signClosed shall be a maximum of two feet in height, except for fuel canopies, where the maximum vertical edge of the canopyClosed may be 42 inches.

4. In no case shall the signClosed extend beyond the vertical edge of the canopyClosed to which it is attached.

5. The signClosed area used for the computation of signClosed size shall be deducted from the allowable square footage for wall signsClosed.

C. Freestanding Signs

There are two types of freestanding signsClosed:

Monument SignClosed

Pylon SignClosed

1. Monument Signs

A freestanding signClosed constructed on the ground with a continuous footing or foundation with the base of the signClosed at gradeClosed level.

2. Pylon Signs

A freestanding signClosed permanently affixed to the ground by one or more supports.

3. Standards

Standards for freestanding signsClosed are pursuant to paragraph 11.6.2, Standards for Freestanding Signs.

D. Marquee Signs

SignsClosed/message areas on a permanent roof-like structureClosed projecting over an entrance of a buildingClosed (marqueeClosed).

Standards

1. MarqueeClosed signsClosed shall be allowed in all non-residential districts, including MU, UC, and DD Districts, subject to the following conditions:

2. The marqueeClosed shall maintain a vertical clearance over a sidewalk of at least seven feet six inches.

3. The marqueeClosed shall be no closer than two feet, measured in horizontal distance, from the curb line of any street.

4. The message area may extend the full length of the marqueeClosed.

5. The message area shall not exceed eight feet in height.

6. The message area shall not exceed 200 square feet in area, except in the DD District where it shall not exceed 350 square feet in area.

7. Only one marqueeClosed signClosed shall be allowed per establishment.

E. Projecting Signs

A signClosed forming an angle with a buildingClosed which extends from the buildingClosed and is supported by the buildingClosed.

Standards

Projecting signsClosed shall be allowed on all nonresidential and multifamilyClosed uses, subject to the following conditions:

1. The signClosed shall not extend above the top of the wall to which it is attached, except that a signClosed 18 inches or less in width and perpendicular to such wall may extend up to a maximum of two feet beyond the top of the wall.

2. The signClosed shall maintain a clearance of 7’-6" above a public right-of-wayClosed or required front yardClosed.

3. The signClosed shall not extend into a required front yardClosed more than six feet or into a public right-of-wayClosed more than 4.5 feet unless a license agreement pursuant to paragraph 11.5.1, General, has been issued.

4. The signClosed shall not exceed 40 square feet in area.

5. Only one signClosed shall be permitted per establishment, except that an establishment in a Design District with more than one street frontageClosed may have one signClosed per street frontageClosed.

F. Roof Signs

A signClosed that is higher than the highest point of the roof to which it is attached. SignsClosed that do not extend above the roof, but are attached to the lower slope of a roof or attached to a parapet wall above a flat roof are considered wall signsClosed. SignsClosed that do not extend above the highest point of the roof, even if attached to mansard or canopyClosed roofs are considered wall signsClosed.

Standards

Roof signsClosed shall be allowed subject to the following regulations:

1. Roof signsClosed are allowed only in the MU District and Downtown Tier.

2. Roof signsClosed shall be allowed by right on buildings of five storiesClosed or more.

3. Roof signsClosed on buildings with less than five storiesClosed are allowed through the approval of a Design Special UseClosed Permit, pursuant to Sec. 3.9, Special Use Permit.

4. The maximum signClosed area shall be 15% of the buildingClosed façade area that is on the same building elevationClosed as the signClosed. The amount of signClosed area devoted to roof signsClosed shall be deducted from the allowable wall signClosed square footage.

G. Suspended Signs

A signClosed that is attached to the underside of a horizontal plane or arm and is supported by the horizontal plane.

Standards

Suspended signsClosed shall be permitted in all zoning districts, subject to the following regulations:

1. The signClosed shall be no closer than two feet, measured in horizontal distance, from the curb line of any street.

2. The signClosed shall maintain a vertical clearance over a sidewalk of at least seven feet six inches.

3. The signClosed area shall not exceed 3½ square feet.

4. Only one signClosed shall be allowed per establishment or per exterior wall per establishment.

H. Temporary Signs

Any signClosed which is intended for temporary use and not permanently mounted. The signClosed shall relate to a special event or temporary situation, not a routine business activity.

Standards

Temporary signsClosed shall be allowed in every district, subject to the following requirements:

1. The signClosed may be erected up to two weeks before the event and shall be removed within seven days after the event. However, in no case shall a signClosed be posted for more than 30 days.

2. The signClosed area shall not exceed 32 square feet except in the Design districts, where the signClosed area shall not exceed 32 square feet or 10% of the square footage of the buildingClosed façade area on one street frontageClosed, whichever is larger.

3. Only one signClosed shall be allowed per business per special event and shall include the date(s) of the event in the signClosed copy.

4. Each business site may be issued two signClosed permits for a temporary signClosed within a 12-month period. Each 12-month period shall begin with the issuance of the first permit and shall expire 12 months from that date.

5. Construction information, or sales, rental, or leasing information, must meet the standards of paragraphs 11.4.2, 11.4.13, and 11.4.14 as applicable.

6. Exception for Downtown Design District: SignsClosed on vacant buildings that drape the buildingClosed façades or cover the windows, and that display only decorative graphics or public artClosed, shall be allowed with no maximum square footage, number, or duration. Such signsClosed shall be removed prior to occupancy.

7. (County Only) Within the SRP-C District, the signClosed area shall not exceed 32 square feet or 10% of the square footage of the buildingClosed façade area on one street frontageClosed, whichever is larger.

I. Wall Signs

 

Any signClosed, other than a projecting signClosed, which is permanently attached to or painted on any wall of a buildingClosed. A signClosed attached to the lower slope of a mansard or canopyClosed roof, or a signClosed affixed to or forming an awning or a canopyClosed, shall be considered a wall signClosed for purposes of this Ordinance. For purposes of this section only, a "wall" shall include any permanent architectural extension of a wall, including parapets, unless that extension serves solely as the framing for a signClosed support structureClosed or signClosed face, even if such extension projects beyond or above the enclosed portions of the buildingClosed. For signsClosed that extend above the roof see "Roof SignsClosed."

Standards – Nonresidential Districts

Wall signsClosed shall be subject to the following requirements in nonresidential districts:

1. The signClosed shall not extend more than 12 inches from the wall of the buildingClosed, except in the case of a signClosed on the lower slope of a roof or a canopyClosed roof, where the signClosed may extend the distance required to make the signClosed vertical.

2. The signClosed may extend up to 12 inches into a public right-of-wayClosed.

3. The signClosed may not extend beyond the edges of the wall to which it is attached, except when the signClosed is contiguous on two adjacentClosed walls of the same buildingClosed, the connecting portion may extend to but not beyond the face of the adjoining portion.

4. The signClosed may not prevent the free entrance and exit from any window, door or fire escape.

5. Wall signsClosed may not exceed 15% of the wall area in size. Where the area of the wall is less than 167 square feet, a minimum of 25 square feet of wall signClosed area is allowed.

6. The total signClosed area shall be the sum of all signsClosed on the wall including signsClosed on the wall surface, signsClosed affixed to the wall parallel and in the same plane as the wall, signsClosed on awnings or canopies, window signsClosed, door signsClosed, signsClosed on the lower slopes of roofs or canopyClosed roofs, and signsClosed on parapets above roofs.

7. The signClosed shall only have one face, regardless of the proposed angle of separation of proposed faces.

 

Standards – Residential DistrictsClosed

Wall signsClosed in residential districtsClosed shall be subject to the following requirements:

Nonresidential uses permitted in residential districtsClosed and all multifamilyClosed developmentsClosed shall be allowed one wall signClosed per buildingClosed, provided the signClosed does not exceed 15% of the wall area; however, a minimum of 25 square feet of signClosed area shall be allowed.

11.6.2. Standards for Freestanding Signs

A. Design Districts, and Nonresidential Districts and Uses

Freestanding signsClosed shall be permitted in Design districts, nonresidential zoning districts, and for non-residential uses in residential zoning districts subject to the following requirements.

1. Height
a. Monument Sign

The distance from the ground to the highest point of the signClosed shall be not more than six feet.

b. Pylon Sign

The distance from the ground to the highest point of the signClosed shall not exceed 16 feet, except for nonresidential uses in residential districtsClosed or in the MTC Overlay (Sec. 4.9), where the signClosed height shall not exceed 12 feet.

c. Exemption

A pylon signClosed up to 40 feet in height for restaurantsClosed, hotels, motels, or fuel sales establishments is allowed when:

(1) The property is within 400 feet of the right-of-wayClosed of a controlled access highway;

(2) The property is either adjacentClosed to, or within 150 feet of, an interchange providing access to the controlled access highway; and

(3) The property is not located in a Design District or MTC Overlay.

2. Number

a. One freestanding signClosed shall be permitted on each street on which the property fronts.

b. Except within Design districts, additional signsClosed are allowed in a developmentClosed with an approved common signage planClosed for a street frontageClosed that exceeds 300 feet. If multiple signsClosed are placed on a single street frontageClosed, no individual signClosed shall exceed 80 square feet in area and there shall be a minimum of 150 feet between the signsClosed.

3. Area
a. Sign Area in Nonresidential Districts

Individual signsClosed on each street frontageClosed of a property shall not exceed 32 square feet in area when the frontage is less than 150 feet, and shall not exceed 80 square feet in area when the frontage is 150 feet or more.

b. Sign Area of Nonresidential Uses in Residential Districts

(1) For lots with a frontage of less than 150 linear feet, the signClosed shall not exceed 12 square feet in area.

(2) For lots with a frontage of 150 linear feet or more, the signClosed shall not exceed 32 square feet in area.

c. Sign Area in Design Districts

Freestanding signsClosed shall not exceed 32 square feet in area.

4. Location

a. Freestanding signsClosed shall not be placed within the MTC bufferClosed area but may be placed within other landscaped areas.

b. Freestanding signsClosed shall not be located within any sight distance triangles.

c. (County Only) Within the SRP-C district, freestanding signsClosed shall not be allowed along the frontage of an interstate or freewayClosed right-of-wayClosed.

5. Setback

a. If the signClosed height is six feet or less, or within a Design District, there shall be no minimum setbackClosed required from the property line.

b. If the signClosed height is over six feet:

(1) For signClosed areas of 32 square feet or less, a minimum setbackClosed of five feet from all property lines shall be required, except that a minimum setbackClosed of 12 feet from adjoining residential properties shall be required.

(2) For signClosed areas of more than 32 square feet, a minimum setbackClosed of 10 feet from all property lines shall be required, except that a minimum setbackClosed of 12 feet from adjoining residential properties shall be required.

6. Design Standards

a. Except for signsClosed located within Design districts, pylon signClosed supports shall consist of at least 30% of the total signClosed width; each single support shall consist of at least 15% of the total signClosed width.

b. Within Design districts, freestanding signsClosed shall incorporate the following design standards:

(1) All freestanding signsClosed shall have three-part design as follows:

(a) Monument signsClosed shall be composed of a decorative base, signClosed face, and cap.

(b) Pylon signsClosed shall be composed of a decorative base, support, and signClosed face.

(2) SignsClosed and signClosed support material shall be constructed of metal, painted or stained non-pressure-treated wood, masonry, fabric, glass, ceramics, or concrete.

(3) Fasteners used for securing the signClosed to the ground shall be obscured by covers.

(4) Proportion

Pylon signsClosed shall be proportionally taller than they are wide.

7. Landscaping

Except within Design districts, freestanding signsClosed shall incorporate the following landscaping requirements.

a. A defined landscaped area shall be provided at the base of the signClosed. The required landscaped area shall be parallel to the face of the signClosed. The required landscaped area shall be at least 50 square feet in area. For signsClosed with multiple faces, the landscaped area shall be allocated so that a portion of the required landscaping is located in front of each signClosed face.

b. The required landscaped area shall contain materials such as, but not limited to, vegetative ground coversClosed, perennials, shrubs, and ornamental trees covering at least 50% of the defined landscaped area at maturity. Paving and artificial plant materials shall not be included in fulfilling this requirement. A plan of the landscaped area with the name, quantity, and spacing of plant materials shall be included as a part of the signClosed permit application.

8. Medical Center Signs

Additional freestanding signsClosed for medical facilities containing 250 beds or more shall be allowed subject to the following limitations. Unless explicitly altered below, all other applicable standards shall apply.

a. The information contained on the signClosed shall relate to medical facility services.

b. Each signClosed shall not exceed 12 feet in height and 50 square feet in area;

c. The number of signsClosed allowed shall not exceed a ratio of one signClosed per 150 feet of medical facility property street frontageClosed measured on the street on which the signsClosed are to be located; and

d. All signsClosed associated with the medical facility shall be approved as part of a common signage planClosed in conformance with the requirements of Sec. 11.8, Elements of Common and Way-Finding Signage Plans.

9. Way-Finding Signs

a. Way-finding signsClosed are allowed along a right-of-wayClosed internal to a unified developmentClosed complex, as demonstrated through a development planClosed or approved site planClosed(s), even if the property is subdivided and has various ownersClosed.

b. SignsClosed shall function solely for the purpose of providing directional information along rights-of-way from recognized sub-sections, tenants, or areas of the developmentClosed to other recognized sub-sections, tenants, or areas of the developmentClosed. Referenced sub-sections, tenants, or areas can be located on different parcelsClosed other than the parcelClosed where the signClosed is located.

c. Unless explicitly altered below, all other applicable standards shall apply. Way-finding signsClosed located internally within a property and not visible from right-of-wayClosed are exempt from the following standards.

(1) The information contained on the signClosed shall provide direction to the sub-sections, areas, or tenants within the developmentClosed.

(2) Each signClosed, including supports, shall not exceed six feet in height.

(3) The maximum signClosed area per side shall be 16 square feet.

(4) SignClosed area shall not count towards the aggregate signClosed area allowed for the developmentClosed, unless a specific tenant is listed on the signClosed.

(5) SignsClosed shall be located along right-of-wayClosed that is interior to the unified developmentClosed, and not visible from outside of the unified developmentClosed.

(6) No setbackClosed is required. SignsClosed and signClosed supports shall not intrude or be located within right-of-wayClosed.

(7) The number of signsClosed allowed shall not exceed a ratio of one signClosed per 500 linear feet of property street frontageClosed measured along the right-of-wayClosed on which the signsClosed are to be located.

(8) All way-finding signsClosed shall be approved as part of a way-finding signage planClosed in conformance with the requirements of paragraph 11.8.2, Elements of a Way-Finding Signage Plan.

(9) Changeable copyClosed is prohibited.

10. Off-Premise Non-Residential Entry Signs

An off-premise, freestanding non-residential signClosed is allowed as an entry signClosed for a unified developmentClosed complex, as demonstrated through a development planClosed or approved site planClosed(s), even if the property is subdivided and has various ownersClosed. Unless explicitly altered below, all other applicable standards shall apply.

a. SignsClosed shall be located on a property that is part of the developmentClosed, within right-of-wayClosed that serves the developmentClosed as allowed in Sec. 11.5, Signs Allowed in Right-of-Way, or on a parcelClosed adjacentClosed to the developmentClosed tractClosed that is zoned non-residential or multifamilyClosed.

b. A signClosed shall be allowed only at each entry to the developmentClosed, and only along public right-of-wayClosed that serves as internal access to the developmentClosed.

c. The signClosed shall be at least 300 feet from other freestanding signsClosed that serve the developmentClosed.

d. A signClosed pursuant to paragraph 11.5.1E is not permitted at the same entry.

e. SignsClosed shall be included within the common signage planClosed for the developmentClosed, as applicable.

f. The signsClosed may only include the developmentClosed name and tenants of the developmentClosed.

g. The signClosed may list tenants of the developmentClosed that are not on the same parcelClosed as the signClosed.

h. Tenant signage shall count towards the aggregate signClosed area per paragraph 11.2.2A.4 and paragraph 11.2.2B, Aggregate SignClosed Area.

i. A tenant listed on the non-residential entry signClosed shall not maintain a separate, individual freestanding signClosed if the entry signClosed is located on the same parcelClosed as the tenant, or if the individual tenant signClosed is located within 150 feet of the entry signClosed.

j. A signClosed easementClosed shall be recorded for the location(s) of entry signsClosed prior to the issuance of a signClosed permit.

k. Changeable copyClosed is prohibited.

B. Residential Identification Signs

1. Residential Subdivisions

Up to two freestanding signsClosed may be placed at each entrance to identify the subdivisionClosed. Each signClosed shall be limited to six feet in height and 12 square feet in area. SignsClosed shall be incorporated into a permanent landscape feature such as a wall or masonry column.

2. PDR Districts and Multifamily Developments

Up to two freestanding signsClosed may be placed at each entrance to identify the project. Each signClosed shall be limited to six feet in height and the total signClosed area shall not exceed 32 square feet in area for a single signClosed and 16 square feet each if two signsClosed are used. The signClosed shall be incorporated into a permanent landscape feature such as a wall or masonry column.

11.7.1. Privileges

SignsClosed which have been officially designated as Landmark SignsClosed pursuant to Sec. 3.16, Historic District or Landmark Designation, and which retain those dimensional, locational, and lighting standards that the signClosed possessed when it received such a designation shall enjoy the following privileges.

A. Shall be allowed to remain on roofs or exceed height limits found elsewhere in this Article.

B. Shall be allowed to exceed dimensional limits found elsewhere in this Article.

C. Shall be allowed to reference a product or business which is not related to the existing business on the property.

D. Shall not, if the signClosed is not related to an existing business, have the signClosed area deducted from the square footage of signClosed area granted by other standards of this Article.

E. Shall be allowed to remain in a right-of-wayClosed unless it becomes a hazard to traffic.

F. Shall be allowed to retain its original lighting patterns and materials.

11.7.2. Regulations

The following regulations shall apply to signsClosed which have been designated as Landmark SignsClosed.

A. The voluntary removal of a Landmark SignClosed by an ownerClosed shall be allowed.

B. Alterations to a Landmark SignClosed shall not be allowed without the issuance of a Certificate of Appropriateness by the Historic Preservation Commission using the criteria used in Sec. 3.17, Certificate of Appropriateness.

11.8.1. Elements of a Common Signage Plan

The common signage planClosed shall consist of five elements:

A. Location

Identification of signClosed locations on buildings or property.

B. Materials and Illumination

Description of the type of signClosed and signClosed materials, including construction materials and proposed lighting if any.

C. Size

1. Itemization of signClosed size or band area at identified locations.

2. Allocation of signClosed area for multi-tenant structures may favor one tenant or series of tenants over another, provided the property ownerClosed identifies the available signClosed area per tenant.

D. Letter Style

1. Description of dominant letter style and letter height to be used on the signsClosed.

2. The use of federally registered trademarks (logos) can be incorporated into the plan. Text not associated with a trademark shall be consistent with the font of a trademark.

E. Color

1. Listing of the colors to be used on each signClosed.

2. A maximum of three colors plus either black or white are allowed in a single common plan. Any neon lighting for buildingClosed signage shall be matched to an approved color specified on the signage plan in order to be included as a part of the color scheme.

11.8.2. Elements of a Way-Finding Signage Plan

A. Location

All proposed locations along right-of-wayClosed within the developmentClosed shall be identified.

B. Sign and Type

SignClosed sizes and types to be used shall be identified.

C. Font, Symbols, and Color

Fonts, symbols, and colors to be used shall be identified and meet the following criteria:

1. A maximum of two fonts can be used; one for the overall developmentClosed name and one for the names of sub-sections or tenants of the developmentClosed.

2. A maximum of two font sizes can be used; one for the overall developmentClosed name and one for the sub-sections or tenants of the developmentClosed.

3. If a unified developmentClosed has both a common signage planClosed and a way-finding signage planClosed, the same fonts shall be used in both plans.

4. The following logos or symbols are permitted:

a. Logo associated with the name of the unified developmentClosed.

b. Directional arrows.

5. A maximum of three colors plus either black or white are allowed. If a unified developmentClosed has both a common signage planClosed and a way-finding signage planClosed, the same colors shall be used within both plans.

D. Lighting and Materials

The lighting and materials to be used shall be indicated.