13.1.1 Purpose

The Town of Highlands is located in a unique mountain and natural scenic setting. It serves as a gateway to a mountain recreational area. The visual beauty of the mountains is a major factor in attracting vacationers, summer residents, and new residents to the area. It is, therefore, the desire and purpose of the Board of Commissioners of the Town of Highlands:

A.

To regulate signs and outdoor advertising throughout the zoning jurisdiction of the Town of Highlands;

B.

To limit the size, height, and location of signs and outdoor advertising erected therein;

C.

To eliminate hazards to pedestrians and motorists brought about by distracting sign displays;

D.

To ensure orderly development; and thereby to protect and stabilize property values;

E.

To preserve the scenic natural environment by allowing signs that are consistent with an attractive Town appearance;

F.

To promote public health, prosperity, safety, and welfare; and

G.

To establish procedures through which these purposes can be fulfilled.

13.1.2 Exemptions to Applicability

The sign regulations set forth in this article shall apply to all zoning districts in this Ordinance, except that:

A.

Certain types of government signs are exempt from these regulations as outlined in Sec. 13.1.4, Exempt Signs, Item A.

B.

Some signs are regulated or allowed under other articles of this Ordinance, including but not limited to:

1.

Handicap parking signs required under Article 9, Parking and Loading, and Sec. 13.4.2, Permanent Regulated Signs Allowed, without a Permit, Item B.2;

2.

Driveway ingress/egress signs required under Article 10, Infrastructure, and Sec. 13.4.2, Permanent Regulated Signs Allowed Without a Permit, Item B.1; and

3.

Street signs regulated under Article 10, Infrastructure.

13.1.3 Sign Types

A.

Freestanding: A sign that is not attached to or supported by any building. Such signs shall include ground signs, signs mounted on poles or other supports, and A-frame signs.

B.

Hanging: A sign attached to and suspended at right angles (unless on a corner) to the building, and extending down over a sidewalk or walkway. Distance of bottom of sign from the finish surface of the sidewalk or walkway shall be ADA compliant and meet all of requirements of Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit.

C.

Outdoor Advertising: A standard structural poster panel or painted freestanding sign which is rented for purposes of conveying commercial information, knowledge, or ideas to the public about a subject unrelated to the premises upon which it is located.

D.

Permanent: A sign that is used to inform or attract attention to a use, for the time that said use is in existence, in accordance with this Ordinance.

E.

Planned Development: A temporary sign that pertains to the development of a new subdivision, planned multi-family development, planned shopping center, industrial, office, or business park, or similar land parcel where an active unified building and development program is underway.

F.

Political: A sign attracting attention to political candidates or political issues, and including any lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale, and complies with all other requirements of this Ordinance.

G.

Temporary: A sign that is permitted only for a designated period of time, in accordance with this Ordinance.

H.

Traffic: A sign erected by Federal, State, or Municipal authority and regulating automobile, truck, bicycle, and pedestrian movement.

I.

Roof: A sign placed flat against, and projecting no more than twelve (12) inches from, a building wall. Mansard roofs, or any roof portion thereof with an angle of sixty (60) degrees or more from the horizontal, shall be considered wall space for sign purposes.

J.

Wall: A sign placed flat against, and projecting no more than twelve (12) inches from, a building wall, as defined by this Ordinance. Mansard roofs, or any roof portion thereof with an angle of sixty (60) degrees or more from the horizontal, shall be considered wall space for sign purposes.

13.1.4 Exempt Signs

The following signs are exempt from the requirements herein:

A.

All classes of government signs including, but not limited to, traffic, health and public safety; crime control and prevention; official notices or advertisements related to any court action; the location of underground utilities; historical markers or monuments; any other community service signs approved by the Town of Highlands, as well as, any signage provided by the Town of Highlands, including but not limited to, wayfinding signage, corridor entrance signage, and Town sponsored event signage.

B.

Flags, badges, or insignia of government or any charitable, civic, fraternal, patriotic, religious or other nonprofit organization.

C.

Reserved.

D.

Signs posted on private property related to trespassing or public safety, such as danger from animals.

E.

Signs denoting a product being sold out of a vending machine, telephone booth, or newspaper stand, and actually located on same.

F.

Signs displayed on the inside of a business that are not visible from any public street or walkway.

G.

Signs attached to commercial vehicles.

H.

"For Sale" signs on private vehicles.

I.

Names and lettering on mail boxes and newspaper tubes.

J.

Manufactures' signs displaying brand names or emblems located on gasoline pumps at service stations.

K.

Wireless Communication Facilities shall include a small message containing provider identification and emergency telephone numbers and such other information as may be required by Local, State, or Federal regulations governing Wireless Communication Facilities.

(Amend. of 11-17-16(7))

13.2.1 Sign Standards Interpretations

A.

In the event a right-of-way is not defined among the public records of Macon County or Jackson County, references to dedicated public right-of-way in this sign Ordinance shall apply to an area within fifteen (15) feet of the edge of the wear surface or edge of pavement of any public thoroughfare except as allowed in Sec. 13.4.1, Temporary Regulated Signs Allowed Without a Permit, which is ten (10) feet.

B.

All signs, unless otherwise stated or implied, shall have no more than two (2) 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. Signs with angle projections up to forty-five (45) degrees may be considered by the Town of Highlands due to specific site conditions or signage design under the following conditions:

The person requesting the variance shall submit a letter and site plan to the Planning and Development Director. Additional information shall be provided as requested by the Planning and Development Director as necessary to render an opinion.

13.2.2 Sign Calculations

A.

Sign Surface Area

1.

The surface area of a sign shall include the entire display area, including any border or accessory area, but excluding any base supports, posts, roofs, or other structural elements provided they do not serve primarily to attract attention and shall be calculated in inches or feet as the width multiplied by the height, as illustrated by Figures 1 and 2.

Figure 1

Figure 2

2.

In the case of three-dimensional letters or letters painted directly on a wall surface or awning, the surface area shall be defined as the area within the perimeter of all the letters and/or logos, collectively.

3.

When lettering is highlighted by a border or decorative strip, then the surface area shall be defined as the entire highlighted area as illustrated by Figure 3.

Figure 3

4.

Where sign consists of individual letters spelling out a single name, word or acronym and all such elements are located in the same plane, or otherwise intended to be read as a single message, the sign area shall be defined as the area of the rectangle (real or assumed) which completely encompasses all such letters, words or symbols as illustrated by Figure 4, except for Movie Theaters.

Figure 4

B.

Sign Height. The height of a sign shall be measured as the distance from finish grade or surface at the base of the sign, or top of sign post footing, to the top of the highest component of the sign, including the sign face or sign structure.

13.2.3 Illumination

A.

Signs may be directly illuminated with the following conditions:

1.

Only a white light source that is shielded and directed solely at the sign face may be used, as illustrated by Figures 5A and 5B; and

Figure 5A

Figure 5B

2.

Any sign, with the exception of those permitted for subdivisions or multi-family developments per Sec. 3.5.2, Permanent Regulated Signs Requiring a Permit, Item A, Subdivision or Multi-Family Development in All Zoning Districts, is prohibited from being illuminated between the hours of 12:00 midnight and 6:00 a.m. if located within three hundred (300) feet of a residential zoning district, or between the hours of 8:00 p.m. and 7:00 a.m. if located within one hundred (100) feet of a residential zoning district.

3.

Customary Incidental Home Occupation signs allowed under Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Item B, Customary Incidental Home Occupations or Tourist Homes in All Zoning Districts, may not be illuminated in any way.

(Amend. of 8-18-16(7))

13.2.4 Sign Design, Construction and Maintenance

A.

Any sign permitted under this Ordinance must comply with applicable requirements of the NC State Building Code, National Electrical Code, and other applicable Federal, State, or local codes.

B.

Every sign and its supports, frames, guys, anchors, and electrical equipment shall be securely fastened and placed to withstand adverse weather conditions.

C.

All signs, except those protected by glass or other transparent cover, shall be constructed of materials that are permanent in nature and that will not rapidly deteriorate, fade, fall apart, or in any way become a hazard to the public health, safety, and general welfare.

D.

All signs shall be kept free from defective or missing parts or peeling paint. The Planning and Development Director shall possess the authority to order the painting, repair, or alteration of a sign, at the owner's expense, if such sign constitutes a hazard to the public health, safety, or general welfare by reason of inadequate maintenance, dilapidation, or obsolescence. Notice of such repair shall be given to the owner by personal service or registered mail, return receipt requested.

E.

No person other than persons authorized by the Town shall damage, trim, destroy, or remove trees, shrubs, or other vegetation located within the public right-of-way of any street or road for the purpose of increasing or enhancing the visibility of a sign; nor shall such work be performed on property that is not under the ownership or control of the person performing or responsible for such work, unless done pursuant to the express authorization of the person owning the property where such trees or shrubs are located.

13.2.5 Placement of Signs

A.

Signs shall be located so as not to obstruct or substantially interfere with any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building.

B.

See also Sec. 10.3.5, Street Intersections, for additional requirements regarding minimum sight distance at intersections.

C.

See also individual Sections of this Article for additional requirements regarding placement of signs in relationship to right-of-way or edge of wear surface or edge of pavement.

13.2.6 Nonconforming Signs

A.

General. Any permanent sign legally in existence prior to the effective date of this Ordinance, or any applicable amendment thereto, which does not satisfy the requirements of this Ordinance, is declared nonconforming. The eventual elimination, as expeditiously and fairly as possible, of nonconforming signs is as much a subject of health, safety, and welfare as is the regulation of new signs.

B.

Conformance Required

1.

All nonconforming signs in existence prior to the effective date of this Ordinance shall either be made to conform to all provisions of this Ordinance or shall be removed within seven (7) years after the enactment of this Ordinance, unless explicitly prohibited by Federal or State law.

2.

All signs made nonconforming by an amendment to this Ordinance shall either be made to conform to all provisions of this Ordinance or shall be removed within three (3) years after the date of such amendment, unless explicitly prohibited by Federal or State law.

3.

Any sign that does not conform at the end of the aforesaid period shall be considered an illegal sign and must be removed by the owner at that time.

C.

Alterations and Repairs to Nonconforming Signs. Nonconforming signs shall not be moved, altered, enlarged, or changed in any manner to increase the degree of nonconformity. Ordinary maintenance, such as re-painting or repairing, shall be permitted for nonconforming signs subject to the following restrictions:

1.

No substantial change in the copy of the sign, such as change of the name of a business, shall be permitted, with the exception of outdoor advertising signs; and

2.

If, within any twelve-month period, alterations or repairs are anticipated to cost in excess of fifty percent (50%) of the physical value of the existing sign, such sign shall be removed or made to conform with the current regulations of this Ordinance.

D.

Outdoor Advertising Signs

1.

This article in part carries forward by enactment some of the provisions of "An Ordinance Providing for Regulation of and Controlling Signs in the Town of Highlands," adopted January 1, 1984, and subsequently amended. It is not the intention of the Board of Commissioners by this Ordinance to repeal that prior ordinance, as amended, but rather to re-enact and continue in force without interruption certain provisions thereof, so that all rights and liabilities which have accrued thereunder shall be preserved and may be enforced. The enactment of this Ordinance shall not affect any action, suit, or proceeding instituted or pending at this time under that prior ordinance, as amended.

2.

All outdoor advertising signs in existence within the corporate limits of the Town of Highlands prior to the effective date of this Ordinance, as amended, have been declared nonconforming, have been amortized, and are subject to removal pursuant to Section 9 of "An Ordinance Providing for Regulation of and Controlling Signs in the Town of Highlands," adopted January 1, 1984, as amended, unless such declaration is explicitly prohibited by Federal or State law.

13.2.7 Removal of Illegal Signs

A.

Signs Erected without a Permit. The owner of any sign that has been erected without a required permit in accordance with Sec. 13.5, Regulated Signs Requiring a Permit, of this Ordinance, shall obtain a permit for the sign and otherwise ensure that it complies with these regulations within twenty-four (24) hours of notification by the Planning and Development Director that the sign has been illegally erected, or shall cause such sign to be removed. If the sign has not been removed within twenty-four (24) hours of notification, it may be removed and confiscated by the Planning and Development Director at the owner's expense.

B.

Permanent Signs in the Right-of-Way. Any sign, consistent with Sec. 13.2.1, Sign Standards Interpretations, Item A, and Sec. 13.3.4, Signs Posted Within Public Rights-of-Way, which is found to be located within a public right-of-way shall be removed by its owner within thirty (30) days of written notice thereof. If ownership of a sign cannot be reasonably established, a notice shall be attached to the sign by the Planning and Development Director stating the need to remove it within thirty (30) days; otherwise, the Town shall remove the sign. Temporary signs shall be removed by the Town upon discovery.

C.

Obsolete Business. Any sign pertaining to a business whenever the use of a building or premises is discontinued by a business for reasons other than a normal seasonal shutdown for a period of thirty (30) days shall be removed within thirty (30) days of the discontinuance of use. The Planning and Development Director shall notify the owner at the last known address that said signs are in violation of this Ordinance and must be removed within thirty (30) days; any signs not removed within that period shall be removed by the Town at the owner's expense.

The following signs shall be prohibited, and may neither be erected nor maintained. The standards shall apply both to prohibited sign locations and sign types.

13.3.1 Off-Premises Signs, Including Outdoor Advertising Signs

Any sign which is not located on the premises that it identifies or advertises, with the exception of signs permitted in Sec. 13.4.2, Permanent Regulated Signs Allowed Without a Permit, Item E for name plate signs, and Item F for Customary Incidental Home Occupations; political signs permitted in Sec. 13.4.1, Temporary Regulated Signs Allowed Without a Permit, Item H; signs on Public Information Centers per Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Item H; and signs identifying businesses in shopping centers located other than at the actual building frontage of the individual business per Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Items F and G. Outdoor advertising signs permitted prior to May 7, 1986 by the State of North Carolina under the Outdoor Advertising Control Act shall be nonconforming in accordance with Sec. 13.2.6, Nonconforming Signs, Item D, Outdoor Advertising Signs.

(Amend. of 5-21-20(2))

13.3.2 Roof Signs

Any signs which are erected on a roof or which extend in height above the parapet or roof line of the building on which the sign is erected.

13.3.3 Simulated Traffic Sign and Obstructions

Any sign which may be confused with or obstruct the view of any authorized traffic signal or traffic sign, extend into the public right-of-way, obstruct the sight distance triangle at any street intersection, or in any way constitute a hazard to traffic.

13.3.4 Signs Posted Within Public Rights-of-Way

Any sign, other than governmental signs described in Sec. 13.1.4, Exempt Signs, Item A; private residential signs described in Sec. 13.1.4, Exempt Signs, Item I, 13.4.2, Permanent Regulated Signs Allowed without a Permit, Item E and Item F; private commercial traffic signs in Sec. 13.4.2, Permanent Regulated Signs Allowed without a Permit, Item B; real estate signs permitted in Sec. 13.4.1, Temporary Regulated Signs Allowed without a Permit, Item C; Sec. 13.5.1, Temporary Regulated Signs Requiring a Permit, Item B; and posted on utility poles, on other officially placed signs, or on trees, rocks, ground, etc., within the public right-of-way.

13.3.5 Portable Signs

Any sign that is not permanently affixed to a building, stationary structure, or the ground, as illustrated, but not limited, by Figure 6.

Figure 6

13.3.6 Message Board Signs

Any sign that uses changeable lettering or numbering, with the exception of these signs as described in Sec. 13.4.2, Permanent Regulated Signs Allowed Without a Permit, Item A, for church signs; Item D, for service station signs; Item G, for movie theater marquees; and Item H, for restaurant message boards.

13.3.7 Animated and Moving Signs

Any moving sign or device to attract attention, all or any part of which moves by any means, including fluttering, rotating, or otherwise moving devices set in motion by the atmosphere, or by mechanical means, such as pennants, flags, propellers, or discs, whether or not any said device has a written message; except for Sec. 13.4.1, Temporary Regulated Signs Allowed Without a Permit, Item I, Open Signs, however, this provision shall not prohibit traditional barber poles located at barber shops.

13.3.8 Flashing Signs

Any sign or device displaying flashing lights, intermittent lights, or lights of changing degrees of intensity.

13.3.9 String and Tube Lighting

Any illuminated tubing or string of lights whatsoever in commercial zoning districts, except between November 15 and January 15 as described in Sec. 13.1.4, Exempt Signs, Item C, and Sec. 6.5.3, Exterior Commercial Lighting.

13.3.10 Oversized Product Facsimiles

The display of letters, logos, trademarks, emblems, pictures, etc., on oversized facsimiles or three-dimensional structures, such as chicken buckets, human figures, cans, or other containers or lettering.

13.3.11 Internally Illuminated Signs

Any sign whose light source is within or behind the sign; excluding Sec. 13.4.2, Item H, restaurant message boards and 13.4.1, Item B, real estate listings within commercial windows.

(Amend. of 5-21-20(2))

13.3.12 Neon Signs

Any sign illuminated in whole or in part by neon lighting, light emitting diodes (LED), or similar electronic devices.

13.3.13 Wireless Communication Facilities Signs

Wireless Communication Facilities shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature, except as allowed under Sec. 13.1.4, Exempt Signs, Item K.

13.3.14 Signs at Outdoor Displays

Signs at outdoor displays are prohibited per Sec. 6.5.4, Outdoor Display of Merchandise.

The following signs are permitted without a sign permit, provided they conform to the requirements of this Article. Maximum height for all permitted temporary signs is forty-two (42) inches but surface area is allowed to vary by sign type. Such signs may not be erected within the public right-of-way, or if no public right-of-way is defined such sign shall not be within ten (10) feet of the wear surface of any public or private road.

13.4.1 Temporary Regulated Signs Allowed Without a Permit

A.

One (1) temporary sign for church functions, not exceeding nine (9) feet in surface area, and located on church property.

B.

Commercial signs visible within the window or door display area, provided they do not exceed twenty percent (20%) of the area of any given window or glass door, and are not illuminated except by normal interior business lighting or by soft indirect lighting of an entire window unit. Signs described in Sec. 13.4.1, Temporary Regulated Signs Allowed Without a Permit, Item D, and Sec. 13.4.2, Permanent Regulated Signs Allowed Without a Permit, Item C, displays of merchandise in windows, and photographs of homes or other properties in the windows of real estate offices may be placed in commercial windows in addition to the twenty percent (20%) area restriction or one (1) electronic monitor type display per building frontage may be used with a rate of up to ten (10) changes per minute and not to exceed a brightness of two (2) foot-candles at twelve (12) inches directly in front of the display screen. Monitors located six (6) feet or less from the window shall not exceed thirty-two (32) inches in size. Monitors located beyond six (6) feet from the window shall not exceed forty-two (42) inches in size. Sizes of such monitors shall be measured diagonally across the display screen.

C.

One (1) temporary on-premise sign advertising the rent, sale, or lease of a commercial or residential property, provided that the surface area does not exceed four (4) square feet in surface area per building and the sign is not illuminated. However, if the setback requirement cannot be met, the sign shall comply with Sec. 13.5.1, Temporary Regulated Signs Requiring a Permit, Item B.

D.

Signs sponsored by municipal, school, civic, and other nonprofit organizations, provided that the signs are only displayed in commercial zones, have a maximum surface area of nine (9) square feet, are posted in either in commercial windows or in a secure fashion on private property, and are posted not more than thirty (30) days prior to a scheduled event and removed within twenty-four (24) hours after the event.

E.

Signs advertising the sale of produce out of a home garden on the premises where the produce is being sold, not to exceed three (3) non-illuminated signs per premises, provided that such signs do not exceed four (4) square feet in surface area per sign face, and shall be displayed only from March through October.

F.

Residential yard sale signs, provided they do not exceed four (4) square feet in surface area per sign face, and the maximum time for display does not exceed forty-eight (48) hours.

G.

Construction identification signs used prior to and during construction to identify the name of a new project and/or the principle contractor or developer, provided they meet the following requirements:

1.

Each project site shall have no more than one (1) identification sign with one (1) sign face;

2.

Identification signs shall be either attached to the building under construction or affixed to a secure temporary post, and located out of the public right-of-way; and

3.

Identification signs shall be no greater than four (4) square feet in residential zoning districts and sixteen (16) square feet in commercial zoning districts.

H.

Political signs, provided they are displayed on private property, are not displayed within public rights-of-way and do not constitute a hazard to pedestrian or vehicular traffic. Such signs shall be removed within seven (7) calendar days after the election.

I.

One (1) "Open" sign per each public entrance, not to exceed three (3) square feet per sign. Types of displays may be flags, wall signs, or attachments to permitted freestanding signs. Such signs shall not include advertisements for the business. Such signs shall not obstruct the sidewalk, shall not be displayed on public rights-of-way, and shall be removed each day upon the closing of the business.

J.

Real estate "open house" signs provided they meet the following conditions:

1.

No larger than four (4) square feet with maximum height of four feet (4');

2.

May be displayed from 8:00 a.m. to 8:00 p.m.;

3.

Must be removed each day;

4.

Only one (1) on-site sign allowed.

K.

Construction project informational signs provide they comply with the following:

1.

No larger than four feet (4') × eight feet (8') with max height of eight feet (8');

2.

Eighty percent (80%) or more of the sign must be used for announcing the project;

3.

Sign must have a graphic rendering of the project;

4.

Project value must exceed five hundred thousand dollars ($500,000.00);

5.

Sign cannot be lighted;

6.

Single-sided;

7.

May not be erected until Zoning Certificate/Watershed Permit is issued;

8.

Must be removed within seven (7) days of issuance of Certificate of Compliance;

9.

Must be placed on the property and cannot hinder sight lines for vehicular and pedestrian travel.

(Amend. of 11-17-16(7))

13.4.2 Permanent Regulated Signs Allowed Without a Permit

A.

One (1) permanent sign for churches, not exceeding sixteen (16) square feet per sign face, nor more than eight (8) feet in height, and either non-illuminated or indirectly illuminated by white lighting only. Church signs may be of a message-board type that use changeable lettering.

B.

Private commercial traffic signs, as follows:

1.

Signs indicating the location of entrances or exits. Such signs may not exceed two (2) square feet in surface area, may be erected no closer than three (3) feet to the wear surface of the thoroughfare, may not exceed a height of forty-two (42) inches or impair sight distance, and shall be located immediately adjacent to the entrances or exits. Such signs may include the name and logo of the business, not to exceed one-third (⅓) of the total surface area, and shall be limited to one (1) sign per entrance or exit; and

2.

Signs indicating general traffic information. Such signs shall not be in the right-of-way of any public or private road and may not exceed two (2) square feet in surface area. Such signs shall include handicap, parking, loading zone, traffic flow, and similar signs.

C.

Private commercial signs indicating charge card information or general instructions, restriction, etc., provided that they shall be limited to not more than three (3) per business site, shall not display the name of the business, and shall not exceed one (1) square foot in surface area. Such signs may be attached to a building and/or an existing permitted freestanding sign.

D.

Signs for service stations, or any businesses selling gasoline, in addition to signs permitted in Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Items C and D, as follows:

1.

One (1) gasoline price sign located and secured to each pump island, not exceeding four (4) square feet per sign face and eight (8) square feet per sign total;

2.

Signs located at each pump island indicating self-service and full-service operation, not exceeding four (4) square feet per sign face; and

3.

One (1) North Carolina inspection sign at any location on the business premises, not exceeding four (4) square feet per sign face.

E.

Individual nameplate signs for residences may be posted off-premises, either singly or together on a secure display structure, at the main entrance or road leading to a residential area, provided they do not exceed two (2) square feet per sign face, and are placed no closer than three (3) feet to any road wear surface.

F.

In addition, nameplate signs in item E above may refer to Customary Incidental Home Occupations carried on within the place of residence allowed per Sec. 6.3.3, Residential Accessory Uses and Structures, Item F, provided they comply with Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Item B.1.

G.

Movie theater marquees containing changeable lettering or numbering, provided such signs shall be considered part of the aggregate surface area based on building frontage for the movie theater per Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit.

H.

Restaurant message boards on the wall or in a window, as close to the main entrance of a restaurant as possible, containing changeable lettering or numbering, or an electronic monitor type display with a rate of up to four (4) changes per minute, not to exceed a brightness of two (2) foot-candles at twelve (12) inches of the display screen, and not to exceed twenty-seven (27) inches in size. Sizes of such monitors shall be measured diagonally across the display screen, provided such signs shall be considered part of the aggregate surface area based on building frontage if on the wall per Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Item C, Single Business in the B-1 Business District, Item 1, or Item F, Shopping Centers in the B-1 Business Districts, Item 2.a; or part of the maximum permissible area allowed on window glass per Sec. 13.4.1, Temporary Regulated Signs Allowed Without a Permit, Item B.

(Amend. of 8-18-16(7))

The following signs are permitted subject to issuance of a sign permit by the Planning and Development Director and provided they conform to the requirements of this Article. Unless otherwise stated, such signs shall not be erected within any public right-of-way, nor within ten (10) feet of the wear surface of any public or private road.

13.5.1 Temporary Regulated Signs Requiring a Permit

A.

Temporary signs, flags, or banners advertising the initial openings of business establishments or special sales or special event, not to exceed four (4) signs per year, are permitted provided the location of such signs is approved by the Planning and Development Director and provided there shall be a minimum of thirty (30) days between display of such signs. Such signs shall not exceed sixteen (16) square feet in surface area on one (1) side and shall not be displayed longer than ten (10) days.

B.

Real estate signs which cannot comply with the setback requirement described in Sec. 13.4.1, Temporary Regulated Signs Allowed without a Permit, Item C, shall be permitted in the setback area, provided each sign satisfies each of the following conditions:

1.

The difficulty in erecting the sign to meet the setback requirement is due to topographical factors;

2.

The sign cannot be erected anywhere on the property to satisfy the ten-foot setback requirement; and

3.

The sign, when erected, will not impair sight distance.

C.

Planned development signs shall be allowed subject to the following applicable standards:

1.

One (1) sign shall be allowed along the street utilized as the project's main entrance;

2.

One (1) additional sign shall be allowed along each other public street adjacent to the project, but only if there is a minimum of eighty (80) feet of street frontage on said street;

3.

The maximum area per sign face shall not exceed twenty-four (24) square feet;

4.

Signs shall not be placed within a dedicated street right-of-way;

5.

Signs shall be a minimum of within ten (10) feet from the street's wear surface;

6.

Signs located within ten (10) and fifteen (15) feet of the street's wear surface shall be allowed one (1) sign face. Signs located a distance of greater than fifteen (15) feet from the street's wear surface may have up to two (2) sign faces, each face not exceeding twenty-four (24) square feet;

7.

The maximum height of the sign shall not exceed ten (10) feet;

8.

The maximum area of sign face relating to sales contact information or identification of real estate firms or agents shall not exceed twenty-five percent (25%) of each individual sign face. The twenty-five percent (25%) maximum area is per sign face. When multiple faces or signs are allowed by this Ordinance, the individual maximums per sign face may not be used in a cumulative manner to increase the area beyond twenty-five percent (25%) on any face or for a cumulative visual impact greater than twenty-five percent (25%) of the maximum sign face size; and

9.

Individual real estate signs, permitted under Sec. 13.4.1, Temporary Regulated Signs Allowed without a Permit, Item C, shall not be allowed in conjunction with or as a supplement to temporary development signs, or be located within visual proximity of temporary development signs.

13.5.2 Permanent Regulated Signs Requiring a Permit

A.

Subdivision or Multi-Family Development in All Zoning Districts. Each subdivision or multi-family development, as defined by this Ordinance, is permitted one (1) freestanding sign at each major entrance, not to exceed two (2) freestanding signs for the entire subdivision or multi-family development. Such signs shall be adequately secured; shall not be located within any public right-of-way; shall not exceed six (6) feet in height; shall not exceed twenty-four (24) square feet in surface area per sign face; and may be either non-illuminated or if illuminated, shall comply with Sec. 13.2.3, Illumination.

B.

Customary Incidental Home Occupations or Tourist Homes in All Zoning Districts

1.

Customary Incidental Home Occupations are permitted one (1) sign not exceeding four (4) square feet in surface area per sign face, which may be freestanding, wall, or hanging in type.

2.

Tourist homes are permitted one (1) sign not exceeding four (4) square feet in surface area per sign face, which may be freestanding, wall, or hanging in type.

C.

Single Business in the B-1 Business Districts. Each single business in the B-1 Business District, not located in a shopping center, is permitted the following signs:

1.

One (1) or more wall signs, as defined by this Ordinance, provided that the total aggregate surface area does not exceed a ratio of one-half (½) square foot for each one (1) linear foot of building frontage, nor a maximum of thirty-two (32) square feet for any single sign. Consistent with Sec. 13.3.2 Roof Signs, no sign placed under these circumstances shall project above the mansard roof or project more than twelve (12) inches from the building wall at the base of the sign; and

2.

One (1) hanging sign provided a clearance of at least seven (7) feet is established between the bottom of the sign and any pedestrian walking surface. Such signs may extend no more than four (4) feet from the right-of-way line over the walking surface, and may not exceed eight (8) square feet in surface area per sign face; and

3.

Businesses providing ingress and egress for public use from the rear of the building, are permitted one (1) or more wall signs on the rear of the building, as defined by this Ordinance, provided that the total aggregate surface area does not exceed a ratio of one-half (½) square foot for each one (1) linear foot of building frontage, nor a maximum of thirty-two (32) square feet for any single sign. Consistent with Sec. 13.3.2 Roof Signs, no sign placed under these circumstances shall project above the mansard roof or project more than twelve (12) inches from the building wall at the base of the sign; or

4.

Businesses not providing ingress and egress for public use from the rear of the building, are permitted one (1) sign on the rear of the building, wall or hanging, not to exceed two (2) square feet in surface area per sign face.

D.

Single Business in the B-2, B-3 Business, and GI Governmental/Institutional Districts. Each single business in the B-2, B-3, and GI Governmental/Institutional District, not located in a shopping center, is permitted the following signs:

1.

One (1) freestanding sign, provided it shall not be located within any public right-of-way, nor within fifteen (15) feet of the wear surface of any public thoroughfare if no right-of-way is defined among the public records of Macon County, shall not exceed eight (8) feet in height; and shall not exceed thirty-two (32) square feet in surface area per sign face. Businesses which adjoin more than one (1) of the four (4) major highways serving Highlands—U.S.-28, N.C.-106, U.S.-64E, and U.S.-64W—and which are served by entrances from said highways, shall be permitted two (2) freestanding signs thirty-two (32) square feet in surface area per sign face, one (1) on each highway; and

2.

A choice between wall signs or one (1) hanging sign meeting the requirements of Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Item C, Single Business in the B-1 Business District, Items 1 and 2; and

3.

Businesses providing ingress and egress for public use from the rear of the building, are permitted one (1) or more wall signs on the rear of the building, as defined by this Ordinance, provided that the total aggregate surface area does not exceed a ratio of one-half (½) square foot for each one (1) linear foot of building frontage, nor a maximum of thirty-two (32) square feet for any single sign. Consistent with Sec. 13.3.2 Roof Signs, no sign placed under these circumstances shall project above the mansard roof or project more than twelve (12) inches from the building wall at the base of the sign; or

4.

Businesses not providing ingress and egress for public use from the rear of the building, are permitted one (1) sign on the rear of the building, wall or hanging, not to exceed two (2) square feet in surface area per sign face.

E.

Single Business in the B-4 Business Districts. Each single business in the B-4 Business District is permitted the following signs:

1.

One (1) freestanding sign, provided it shall not be located within any public right-of-way, nor within fifteen (15) feet of the wear surface of any public thoroughfare if no right-of-way is defined among the public records of Macon County, shall not exceed six (6) feet in height; and shall not exceed twenty-four (24) square feet in surface area per sign face; and

2.

A choice between wall signs or one (1) hanging sign meeting the requirements of Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Item C, Single Business in the B-1 Business District, Items 1 and 2.

F.

Shopping Centers in the B-1 Business Districts

1.

Each shopping center in the B-1 Business District is permitted one (1) wall sign, as defined by this Ordinance, identifying the shopping center, provided it does not exceed thirty-two (32) square feet in total surface area. Such sign may also contain the names of the individual businesses in the shopping center; and

2.

Each individual business located in a shopping center in the B-1 Business District shall be permitted the following:

a.

One (1) or more wall signs provided that the total aggregate surface area does not exceed a ratio of one-half (½) square foot for each one (1) linear foot of building frontage, as defined by this Ordinance, nor a maximum of thirty-two (32) square feet for any single sign. Consistent with Sec. 13.3.2, Roof Signs, no sign placed under these circumstances shall project above the mansard roof or project more than twelve (12) inches from the building wall at the base of the sign. Individual businesses which are not readily visible from the main thoroughfare on which the shopping center is located may locate any portion of their wall signs on another exterior wall of the shopping center facing the thoroughfare; and

b.

One (1) hanging sign provided a clearance of at least seven (7) feet is established between the bottom of the sign and any pedestrian walking surface. Such signs may extend no more than four (4) feet from the building wall over the walking surface, and may not exceed eight (8) square feet in surface area per sign face.

3.

Each individual business located in a shopping center that provides ingress and egress from the rear of the building, are permitted one (1) sign on the rear of the building, wall or hanging, not to exceed two (2) square feet in surface area per sign face.

G.

Shopping Centers in the B-2 and B-3 Business District

1.

Each shopping center in the B-2 and B-3 Business Districts is permitted one (1) freestanding sign identifying the shopping center, provided it shall not be located within any public right-of-way, nor within fifteen (15) feet of the wear surface of any public thoroughfare if no right-of-way is defined among the public records of Macon County; shall not exceed ten (10) feet in height; and shall not exceed sixty-four (64) square feet in surface area per sign face. Such sign may also contain the names of the individual businesses in the shopping center;

2.

Shopping centers which adjoin more than one (1) of the four (4) major highways serving Highlands—U.S.-28, N.C.-106, U.S.-64E, and U.S.-64W—and which are served by entrances from said highways, shall be permitted two (2) freestanding signs sixty-four (64) square feet in surface area per sign face, one (1) on each highway; and

3.

Each individual business located in a shopping center in the B-2 and B-3 Business Districts shall be permitted wall signs and one (1) hanging sign meeting the requirements of Sec. 13.5.2, Permanent Regulated Signs Requiring a Permit, Item F, Shopping Centers in the B-1 Business Districts, Items 2.a and b.

4.

Each individual business located in a shopping center that provides ingress and egress from the rear of the building, are permitted one (1) sign on the rear of the building, wall or hanging, not to exceed two (2) square feet in surface area per sign face.

H.

Public Information Centers. The Town may establish public information centers in commercial zoning districts. At these locations, limited space may be provided for one-year periods, as space allows, for directional signs and/or maps; signs sponsored by municipal, school, civic, other nonprofit organizations; and temporary commercial signs described in Sec. 13.4.1, Temporary Regulated Signs Allowed Without a Permit, Item D. Any business unable to display a sign due to space limitations shall be given priority over other signs in subsequent display periods. The design, content, and size of such signs shall be approved by the Planning and Development Director.