It is the intent of this article to authorize the use of signs with size, layout, legibility, and location and arrangements compatible with their surroundings; appropriate to the identity of individual properties or occupants or of the community; and appropriate to traffic safety. More specifically, this article is intended to:

   (a)   Enhance and protect the physical appearance of the community.

   (b)   Ensure that signs are located and designed to reduce sign distraction and confusion that may be contributing factors in traffic congestion and accidents, and maintain a safe and orderly pedestrian and vehicular environment.

   (c)   Provide review procedures that enable the county to comprehensively evaluate the appropriateness of a sign to the site, building, and surroundings.

   (d)   Prohibit all signs not expressly permitted by this article.

(Ord. of 7-10-2000, § 11.1; Amend. of 9-5-2006)

   The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

   Awning or canopy sign means a sign that is attached to, or made a part of, an awning, canopy, or other fabric, plastic, or structural protective cover, such as over a door, window, or other opening to a building or over a gas pump. An awning or canopy sign is a type of wall sign when calculating wall sign area.

   Banner sign means any nonrigid linear or rope-like sign (usually made of cloth, plastic, or canvas and has no enclosing framework) that is mounted or attached to a building, object, or the ground. A pennant is a triangular-shaped banner that might be blank or might display images or words. A ribbon is a rectangular-shaped banner [that] might be blank or might display images or words. A streamer may have multiple banners, pennants, and/or ribbons attached and is stretched or hung between two or more points. National or state flags or the official flag of any institution shall not be considered banners.

   Billboard sign means an off-site sign that advertises an establishment, merchandise, service, or entertainment that is not sold, produced, manufactured, or furnished at the property on which said sign is located. Also known as an outdoor advertising sign.

   Building marker means a cornerstone, a historical marker, or similar sign with letters, words, or insignia cut into the building surface, or otherwise permanently mounted on the building, which convey a memorial, the name of the building, address or date of construction, or similar noncommercial message.

   Business identification sign means a freestanding or wall sign that is intended to announce or promote the use, activity, service, or business on the premises of any retail or service business, shopping center, manufacturing establishment, industrial park, or similar. Such a sign may include a directory of occupants. This does not include any sign that includes any additional information such as an arrow, map, phone number, for sale or for rent, or development amenities.

   Changeable copy sign means a freestanding or wall sign or portion of a sign that permits computer-driven or manually-changeable copy that provides non-moving messages and does not change messages more than four times per day.

   Construction site sign means a temporary sign identifying the name of a subdivision, building, and/or public works project or facility and/or an architect, engineer, contractor, developer, subcontractor, material supplier, and/or similar occupations participating during the time of construction. Also known as a project construction site sign.

   Directional sign means a sign located at or near the public right-of-way, private street, or public road easement that directs or guides traffic and parking from the street onto a property.

   Directory sign means a freestanding or wall sign that lists the tenants of a business property or lists informational items for an institutional land use.

   Flag means the colors and/or emblem of a government body, association, group, business, or corporation. A string of flags is a streamer and is not included in this definition.

   Freestanding sign means a sign that is permanently embedded and/or anchored in the ground, in concrete, or similar. This includes a sign that has a decorative foundation or base, such as brick and/or stone. A freestanding sign is also known as a ground sign, ground-mounted sign, monument sign, or pole sign.

   Ground sign means a sign that is attached to two or more poles that are permanently embedded and/or anchored in a decorative foundation or base, such as brick and/or stone. A ground sign is also known as a ground-mounted sign.

   Illuminated sign means a sign with an artificial light source for the purpose of illuminating the sign. An externally-illuminated sign is illuminated by an external source that reflects light off the surface of a sign face. An internally-illuminated sign has internal light source that emits light through the sign face.

   Instructional sign means a sign whose purpose is secondary to the use on the lot and is intended to instruct employees, customers, and/or users as to specific parking requirements, the location or regulations pertaining to specific activities on the site or in the building, specific services offered, and/or methods of payments accepted.

   Menu board means a sign whose purpose is to show menu selections and prices to drive-through window customers and is usually associated with the remote order-taking system. A preorder board is a variation of a menu board and is usually located prior to the remote order-taking system.

   Monument sign means a sign that is not attached to poles and uses decorative materials, such as brick and/or stone, to frame or to hold the sign.

   Nonconforming sign means a sign that was erected legally but does not comply with these sign regulations.

   Nameplate means a sign on the building that indicates only the name and/or address of the person, business, home occupation, profession, or activity occupying the lot. A separate nameplate is allowed for each such entity. A nameplate may be used as part of the operation or maintenance of any equipment that is on site.

   Outdoor advertising sign means an off-site sign that advertises an establishment, merchandise, service, or entertainment that is not sold, produced, manufactured, or furnished at the property on which said sign is located. Also known as a billboard sign.

   Pole sign means a sign that is attached to one or two poles that are permanently embedded and/or anchored in the ground, in concrete, or similar. A pole sign does not have a decorative foundation or base, such as brick and/or stone.

   Project construction sign means a temporary sign identifying the name of a subdivision, building, and/or public works project or facility and/or an architect, engineer, contractor, developer, subcontractor, material supplier, and/or similar occupations participating during the time of construction. Also known as a construction site sign.

   Public purpose or safety sign means a sign erected by a public authority, utility, public service organization, or private industry upon the public right-of-way or easement or, when required by law, on private property that is intended to control traffic; to direct, identify or inform the public; or to provide a needed public service, as determined by the rules and regulations of governmental agencies or through public policy. Such signs include "no parking" or "fire lane" signs.

   Projecting sign means a sign attached to a wall or facade where the exposed face of the sign is perpendicular to the plane of that wall or facade or forms a V angle of 45 degrees or more. A projecting sign extends more than 12 inches from the wall or facade and does not project above the roofline.

   Residential development identification sign means a freestanding or wall sign identifying the only the name and/or address of a residential subdivision or multifamily development. This does not include any sign that includes any additional information, such as an arrow, map, phone number, home prices or apartment rents, or development amenities.

   Residential district means any zoning district primarily intended for residential land uses, currently including agricultural-residential (A-R), residential-mobile home park (R-MPH), resort residential (RR), A-R/R-40, A-R/R-40/20, R-10, R-20, R-40, or the residential portion of a planned unit development (PUD) plus any of these that are associated with a special use district (SUD) or a watershed protection district (WSPD).

   Roof sign means a sign erected on or over the roof of a building or a sign that is affixed to a wall or facade where any part of the sign extends above that wall or facade.

   Sign shall include any device that is intended and/or designed to announce, inform, direct, and/or advertise and may be represented by words or letters, figures, symbols or characterizations, and/or other graphics.

   Streamer means a length of material that contains multiple banners, pennants, and/or ribbons attached and is stretched or hung between two or more points.

   Temporary commercial sign means a temporary sign that is designed to be used for a time period of one month or less; is intended for commercial use or expression; and is not permanently attached to a structure or the ground. Such signs include corrugated and plastic core signs on metal or plastic legs or spikes, "daily special" signs, sale signs for merchandise such as a Presidents' Day sale, political signs, trailer signs, A-frame and sandwich board signs, air-activated attraction devices such as balloons and inflated figures, and frame signs as are used in residential real estate.

   Under-canopy sign means a sign suspended beneath an awning, canopy, ceiling, roof, or marquee and is intended to be viewed by pedestrians from the sidewalk.

   Wall sign means a sign attached to, or painted on, a building face, with the exposed face of the sign being in a plane parallel to the plane of the wall or forms a V angle of less then 45 degrees. Also included is a sign that is a part of, attached to, or painted on an awning or canopy. A wall sign does not extend more than 12 inches from building face and does not project above the roofline or beyond any corner of the building. A ghost sign, the remaining image of a previous sign that is still visible, is considered to be a wall sign.

   Window sign means a sign that is physically affixed to, or painted on, the glass or other structural component of the window or is placed behind the glass and can be read by people outside of the building. By definition, a sign includes a poster, graphics, symbols, or other identification.

   Yard sign means a temporary sign intended for non-commercial use or expression. Such signs include baby and birthday celebration signs, garage or yard sale signs, and political signs.

(Ord. of 7-10-2000, §§ 11.2, 11.3; Amend. of 9-5-2006; Amend. of - - )

   Cross reference—Definitions generally, § 1-2.

   Unless specifically exempt, no sign visible from a public right-of-way shall be erected, displayed, or substantially altered except in accordance with the provisions of this chapter and until a sign permit has been issued therefor.

(Ord. of 7-10-2000, § 11.4; Amend. of 9-5-2006)

   The following signs are exempt from permit requirements under this article, provided such signs comply with the provisions of sections 14-505 and 14-506:

   (1)   Signs bearing only property identification numbers and names, post office box numbers, names of occupants of the premises on which the signs are located, or other identification of premises not of a commercial nature, provided the signs are not illuminated. Such signs shall not exceed two square feet in area per display face or six feet in height if freestanding.

   (2)   Flags and insignia of a government, when not displayed in connection with a commercial promotion. Such signs shall not exceed 100 square feet in area per display face or 75 feet in height if freestanding. The setback shall be at least ten feet.

   (3)   Legal notices, identification and information signs, and traffic directional or regulatory signs erected by or on behalf of a governmental body. Such signs shall have no limitation as to sign area, height, or setback.

   (4)   Memorial signs or tablets, and names and construction dates of buildings when cut into any masonry surface. Such signs shall meet the sign area, height, or setback limitations for wall or freestanding signs, as appropriate.

   (5)   Signs directing or guiding traffic and parking on private property on which the signs are located, provided such signs are not illuminated, or are indirectly illuminated, bear no advertising matter. On private property, such signs shall not exceed four square feet in area per display face or six feet in height if freestanding. Such signs shall have no limitation as to sign area, height, or setback when located on public property.

   (6)   Real estate signs advertising the sale, rental, or lease of the premises on which the signs are located, provided such signs are removed immediately after sale, rental, or lease of the premises. Such residential real estate signs shall not exceed 16 square feet in area per display face or six feet in height if freestanding.

   Such nonresidential real estate signs shall not exceed 32 square feet in area per display face or eight feet in height if freestanding.

   (7)   Construction site identification signs whose message is limited to project name, identification of architects, engineers, contractors, and other individuals or firms involved with the construction; the name of the building/development, the intended purpose of the building/development, and the expected completion date, provided such signs are removed within seven days of the issuance of the certificate of occupancy. Such signs shall not exceed 20 square feet in area per display face and shall meet the height or setback limitations for wall or freestanding signs, as appropriate.

   (8)   Yard or garage sale signs announcing yard or garage sales, provided such signs are removed within seven days of the sale. Such signs shall not exceed four square feet in area per display face or four feet in height if freestanding.

   (9)   Public event announcements by public or nonprofit organizations of special events or activities of interest to the general public, provided such signs are removed within seven [days] after the event. Such signs shall not exceed 32 square feet in area per display face or eight feet in height if freestanding.

   (10)   Signs announcing grand openings of new business only, provided such signs are attached to the building in which the business is located and are displayed for a period not to exceed 30 days. Such signs shall not exceed 32 square feet in area per display face and shall meet the height or setback limitations for banner, wall, or freestanding signs, as appropriate.

   (11)   Signs stating that a business is open or closed, provided that there is no more than one such sign per business establishment. Such signs shall not exceed four square feet in area per display face and shall meet the height or setback limitations for wall or freestanding signs, as appropriate.

   (12)   Political signs advertising candidates or issues, provided such signs are not erected prior to 60 days before the date of the appropriate election, and are removed within seven days after the election. Such political signs shall be mounted on poles and stakes and shall not be erected and located within any public right-of-way or within any sight distance triangle easement of intersections. Such signs shall not be placed on trees or utility poles. Such signs shall not exceed 48 square feet in area per display face or eight feet in height if freestanding. Nothing in this subsection is intended to preempt any applicable state law regarding political campaign signs. All signs placed in rights of way controlled and maintained by the North Carolina Department of Transportation shall comply with the requirements of G.S. 136-32.

   Signs not permitted by this article or not removed in a timely manner will be removed by the county with the cost of removal assessed to the property owner.

(Ord. of 7-10-2000, § 11.5; Amend. of 9-5-2006; Amend. of 5-7-2007; Amend. of 9-4-2007; Amend. of - - )

   Notwithstanding any other provision in this chapter, the following restrictions shall apply to signs in order to preserve the safety of pedestrian, bicycle, and vehicular movement:

   (1)   No sign, or part thereof, shall be located within a clear-vision area established by subsection 14-357(c).

   (2)   No sign shall make use of the words "stop," "slow," "caution," "danger," or any other word, phrase, symbol, or character in such manner as is reasonably likely to be confused with traffic directional and regulatory signs.

   (3)   No sign shall be erected so that by its location, color, nature, or message is likely to be confused with or obstruct the view of traffic signals or signs, or is likely to be confused with the warning lights of an emergency or public safety vehicle.

   (4)   Except as used to display time and temperature, no sign shall contain flashing lights.

(Ord. of 7-10-2000, § 11.6)

   (a)   Except where specifically exempted by this chapter, the subject matter of any sign shall be related to the premises on which the sign is located. When the use or establishment to which a sign is related ceases or is vacated, the advertising material shall be removed within 30 days and such sign shall be removed within 12 months of the cessation or vacating of the use or establishment, unless such sign is used by a new use or establishment on the premises in conformance with all current regulations of this chapter.

   (b)   Except where specifically exempted by this chapter, all signs, including its attendant supports, frames, hardware, and embellishments thereto, shall not be located within any public right-of-way or easement, nor shall any sign be attached, affixed, or painted on any utility pole, light standard, telephone or telegraph pole, any tree, rock, or other natural object.

   (c)   No source of illumination of a sign, such as floodlighting or spotlights, shall be directly visible from any public right-of-way, from any residential zoning district, or from adjacent properties.

   (d)   Animated, rotating, or other moving or apparently moving signs shall be prohibited.

   (e)   Devices consisting of banners, streamers, pennants, balloons, wind-blown propellers, moored blimps, strung light bulbs, and similar installations shall be prohibited unless approved by the planning director for noncommercial events.

   (f)   No sign shall be erected, painted, or otherwise mounted on the roof of a building or above the eaves, border or overhang.

(Ord. of 7-10-2000, § 11.7; Amend. of 9-5-2006; Amend. of - - )

   (a)   The area of a display surface of a sign shall be computed as including the entire area visible from any one point, within a regular geometric form or combination of forms, comprising all of the display area of the surface and including all of the elements within the display area and the sign frame. Structural members not bearing a sign message shall not be included in the computation of sign area.

   (b)   For the purpose of determining the number of signs, a sign shall be considered to be a single display device containing elements organized, related, and composed to form a unit. Where elements are displayed in a random manner without organized relationship, each element shall be considered a single sign.

   (c)   The height of any freestanding sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground to the topmost element of the sign, including any architectural features, antennas, or other attachments. A freestanding sign on a manmade base shall be measured from the original grade of that base, the original grade of the graded earth mound, or the nearest street, drive, or parking area, whichever is lowest.

   (d)   All sign setbacks shall be measured from the public right-of-way, street easement (if there is no right-of-way), or pavement edge (if there is no right-of-way or street easement), unless otherwise stated in this article.

(Ord. of 7-10-2000, § 11.8; Amend. of 9-5-2006; Amend. of 9-4-2007)

   No sign shall be erected or displayed in any residential district or planned development-housing except as allowed below:

   (1)   Development identification signs containing the name and/or logo of a subdivision, multifamily development, mobile home park, or planned development, provided such signs are limited to one freestanding sign at each principal point of access to the development, as follows:

      a.   Reserved.

      b.   Monument sign: 60 square feet or two signs mounted on wooden, brick or stone entry walls, 30 square feet per display surface, and a maximum height of six feet above finished grade.

      c.   Ground sign: 60 square feet or two signs mounted on wooden, brick or stone entry walls, 30 square feet per display surface, and a maximum height of six feet above finished grade.

   (2)   Home occupation signs identifying a home occupation, provided such signs are not illuminated and are limited to one wall sign per zoning lot and a maximum display surface area of four square feet. The setback shall be at least 20 feet.

   (3)   A place of worship bulletin board or sign not exceeding 48 square feet for the purpose of displaying the name of the institution and other related information. Such signs shall be set back at least 20 feet from the street right-of-way or easement line, at a maximum height of six feet for ground and monument signs and the roofline for wall signs.

   (4)   Nonresidential signs identifying nonresidential uses permitted as a principal or special use in residential districts or as an accessory use in planned development-housing developments, provided such signs are limited to one freestanding or wall sign per zoning lot and 16 square feet in area per display, at a maximum height of six feet for ground and monument signs and the roofline for wall signs.

   (5)   Lighting of signs in residential districts and in planned development-housing developments is permitted if illumination levels are low, all fixtures are concealed, and spillover of light is minimal.

(Ord. of 7-10-2000, § 11.9; Amend. of 9-5-2006; Amend. of 9-4-2007)

   (a)   Signs; erection and display; exceptions. No sign shall be erected or displayed in the office and institutional, general business, community business, industrial-1 or industrial-2 district, interstate highway interchange district, and shopping centers, except as provided below for the type of sign and zoning district in which it is located.

   (b)   Specific sign regulations, on-premises signs. 

   (1)   Wall/fascia sign. Wall signs include awnings and canopies.

      a.   Size. No more than 25 percent of the area of any wall may be devoted to signs, up to a maximum of 200 square feet.

      b.   Number. More than one wall sign may be erected, provided the total surface area regulation is not exceeded.

      c.   Height. No sign shall extend above the parapet wall, eave line, or above the roofline of buildings without parapet walls.

      d.   Projection/clearance. No sign may project more than 12 inches from the building wall.

      e.   Illumination. Wall signs may be illuminated, provided such signs shall be lighted from behind to silhouette letters and figures, or those utilizing floodlighting or other non-internally illuminated light sources shall be contained within a concealed fixture and angled so as to prevent a direct view of the light source from a public street or adjacent property.

      f.   Location. Wall signs shall not cover up or interrupt major architectural features.

   (2)   Freestanding signs. Pole, monument, and ground signs are permitted as set forth in this section.

      a.   Size. The maximum surface area of a freestanding sign shall be:

         1.   Pole sign, 40 square feet.

         2.   Monument sign, 60 square feet.

         3.   Ground sign, 60 square feet.

      b.   Number. One freestanding sign shall be allowed on any lot, subject to the regulations in this section, provided a pole sign shall only be allowed on a lot which contains 100 feet or more of frontage on the street to which such sign is oriented. If a unified sign plan is approved by the planning department, two freestanding signs may be allowed on a lot or development having a minimum frontage of 300 feet on each of two adjacent streets or more than 600 linear feet of frontage on a single street, but only one may be a pole sign. When more than one freestanding sign is to be constructed, the total amount of freestanding sign area shall not exceed 0.25 square feet per linear foot frontage on the adjacent street or greatest length.

      c.   Setback. No portion of any freestanding sign may extend over any property line or into any public right-of-way, or be located within 15 feet of any interior side lot line. Further, no sign may be constructed within 20 feet of a right-of-way of a street.

      d.   Height. No pole sign nor any part of a pole sign, including base or apron, supporting structures, and trim may exceed 15 feet in height. Further, no monument sign or ground sign may exceed six feet in height.

      e.   Illumination. All freestanding signs may be illuminated either internally or externally. All external light sources shall be contained within a concealed fixture or box and angled so as to prevent a direct view of the light source from a street and/or adjacent property.

      f.   Landscaping. Shrubs, flowers or ground covers, or any combination thereof, shall be planted around the entire base of any freestanding sign. The minimum planting area shall be equal to one-half of the sign area.

   (3)   Window sign. Window signs shall comply with the following:

      a.   Size. Within any given pane of glass, window signs shall cover no more than 25 percent of the glass area.

      b.   Number. More than one window sign may be placed on, in front of, or behind any given pane of glass.

      c.   Projection/clearance. No window sign may project more than one inch from any given pane of glass.

      d.   Illumination. Window signs may be illuminated, provided such signs shall be neon, lighted internally or from behind to silhouette letters and figures, or externally-illuminated from within a concealed fixture and angled so as to prevent a direct view of the light source from a public street or adjacent property. Window signs shall not use LED lighting, have changeable copy, or flash or other use motion.

   (c)   Interstate interchange highway district (IHI) freestanding sign. In place of a freestanding sign, as allowed in subsection (b)(2), one freestanding sign may be erected and displayed on a zoning lot within the interstate highway interchange district (IHI) in accordance with the following provisions:

   (1)   The maximum area per display surface for freestanding signs shall be 100 square feet per sign face.

   (2)   Any such freestanding sign shall have no more than two sign faces upon which sign information can be placed;

   (3)   The maximum height of a pole sign shall be 50 feet, 16 feet for a monument sign, and 12 feet for a ground sign;

   (4)   Ground signs may be illuminated, provided such illumination shall be limited to internal illumination, lighted from behind to silhouette letters and figures.

(Ord. of 7-10-2000, § 11.10; Ord. of 11-13-2000, § 11.10.1; Amend. of 9-5-2006; Amend. of 9-4-2007)

   No sign intended to be read from outside a planned development-mixed use, or from any public streets within the development, shall be permitted within such development except as provided below:

   (1)   Development identification signs containing the name and trademark of a planned development, provided such signs are limited to one ground sign at each principal point of access to the development, as follows:

      a.   Reserved.

      b.   Monument sign: 60 square feet or two signs mounted on wooden, brick or stone entry walls, 30 square feet per display surface, and a maximum height of six feet above finished grade.

      c.   Ground sign: 60 square feet or two signs mounted on wooden, brick or stone entry walls, 30 square feet per display surface, and a maximum height of six feet above finished grade.

   (2)   Office building identification signs containing only the name of a building or building complex and the nature of the establishments therein, provided such signs are limited to one wall sign per building with a display area not exceeding one square foot per linear foot of the building, up to a maximum area of 20 square feet.

   (3)   All commercial uses are subject to the provisions of sections 14-509(b) and 14-511.

(Ord. of 7-10-2000, § 11.11; Amend. of 9-5-2006; Amend. of 9-4-2007)

   (a)   The owners or developers of two or more contiguous lots or any multitenant use of a commercial property, including, but not limited to, shopping centers, convenience centers, or office complexes, shall submit a unified sign plan for approval as part of their site plan application, or at a later date. No sign permit application will be accepted for such property or use until a unified sign plan is approved by the planning department.

   (b)   An application for a unified sign plan shall be filed with the planning department. The applicant shall indicate the standards of consistency for all signs on the subject property with regard to:

   (1)   Colors.

   (2)   Letter/graphics style. Note: Federal and state registered trademarks may be employed in addition to the specified letter style and colors, but may not exceed 12 square feet in copy area.

   (3)   Location of each sign.

   (4)   Materials to be used in construction.

   (5)   Maximum dimensions and proportions.

   (6)   Other standards imposed by the applicant.

   A copy of the approved unified sign plan, including any amendments, must be kept on file in the planning department.

   (c)   It shall be the responsibility of the applicant and/or property owner to enforce the terms of the approved unified sign plan.

(Ord. of 7-10-2000, §§ 11.12, 11.12.1, 11.12.2)

   If any new or amended unified sign plan is filed for a property on which existing signs are located, the amended plan shall include a schedule for bringing into conformance, within three years, all signs not conforming to the proposed amended plan or to the requirements of this article in effect on the date of submission.

(Ord. of 7-10-2000, § 11.12.3)

   After approval of a unified sign plan, no sign shall be erected, placed, painted, or maintained except in conformance with the approved plan.

(Ord. of 7-10-2000, § 11.12.4)

   (a)   Where permitted. Outdoor advertising signs are permitted only along U.S. 70 (except the Clayton bypass section of U.S. 70 from the Wake County line to the U.S. 70/U.S. 70 business split at Cole Road) and Interstate 95 in the county's planning jurisdiction, provided that:

   (1)   The outdoor advertising sign shall be located in a general business, industrial-1 or industrial-2 zoning district. Note: this provision does not include special use districts or on property that is encumbered by a special use permit;

   (2)   No outdoor advertising sign shall be so located along, or visible from, Interstate 40 or the Clayton bypass section of U.S. 70 from the Wake County line to the U.S. 70/U.S. 70 business split at Cole Road; and

   (3)   The applicant for such signs obtains a permit from the state department of transportation district engineer for an outdoor advertising sign, in accordance with the provisions of the Outdoor Advertising Act of 1967.

   (b)   Standards. All outdoor advertising signs replaced or substantially replaced or repaired to more than 50 percent of the sign's current assessed value shall meet the following provisions:

   (1)   The maximum area for any one sign with a monopole type design and construction shall be 500 square feet of display area, or 300 square feet of display area if of a nonmonopole type design, with a maximum height of 20 feet and maximum length of 50 feet, inclusive of any border and trim but excluding the base or apron, supports and other structural members. If an advertising message appears on the base or apron, it will not be excluded from the maximum dimensions. Not more than one face or advertising message is allowed on each side of the display.

   (2)   The display area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire sign.

   (3)   The maximum size limitations shall apply to each side of a sign structure; signs may be placed back-to-back, side-by-side, or in V-type construction with not more than one display to each facing, and such sign structure shall be considered as one sign.

   (4)   V-type and back-to-back signs will not be considered as one sign if located more than 15 feet apart at their furthest points and connected and physically contiguous.

   (5)   Signs may not be located in such a manner as to obscure or physically interfere with the effectiveness of an official traffic sign, signal, or device, nor obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic.

   (6)   Outdoor advertising signs shall be so located that:

      a.   No two signs shall be spaced less than 2,000 feet apart;

      b.   The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and shall apply to sign structures located on both sides of the highway;

      c.   Such signs shall be within 800 feet of an existing valid and operating industrial or commercial business;

      d.   Such signs shall be no closer than 1,000 feet from any parcel of land containing a residential structure; and

      e.   Such signs shall be at least 50 feet off the public right-of-way and no more than 200 feet of the public right-of-way.

   (7)   The maximum height of an outdoor advertising sign shall not exceed 50 feet on locations adjoining U.S. 70 or I-95.

   (8)   Signs shall not be illuminated by any flashing, intermittent, or moving light or lights.

   (9)   Signs shall not contain any changing billboards, rotating slats or other means of creating a movable message display.

   (10)   Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled ways of U.S. 70 or I-95 and which are of such intensity or brilliance as to cause glare and to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

   (11)   No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal.

   (12)   All such lighting shall be subject to any other provisions relating to lighting or signs presently applicable to all highways under the jurisdiction of the state.

   (13)   Illumination shall not be added to nonconforming signs.

   (c)   Permit required. No outdoor advertising sign of any type replaced or substantially replaced or repaired to more than 50 percent of the sign's current assessed value shall be constructed, erected, placed, or replaced until a permit has been issued by the planning director. Such permit will not be issued until a sign plan has been submitted showing the location, size, height and style of each sign, and the planning director has determined that the sign will comply with the provisions of this chapter. After the planning director has issued a sign permit, the applicant will be referred to the state department of transportation district engineer to obtain the proper state permits and emblems for outdoor advertising signs if so required.

   (d)   Transfer of permit. The transfer of ownership of a specific outdoor advertising sign for which a permit has been lawfully issued to the original owner shall not in any way affect the validity of the permit for that specific sign, provided that the planning director and the appropriate state department of transportation district engineer is given notice of the transfer of ownership within 30 days of the actual transfer.

   (e)   Revocation of permit. Any valid permit issued for a lawful outdoor advertising structure may be revoked by the planning director for any one of the following reasons:

   (1)   Mistake of material facts by the issuing authority for which had the correct facts been made known, the outdoor advertising permit in question would not have been issued.

   (2)   Issuance of a permit based on an error of law.

   (3)   Misrepresentation of material facts by the outdoor advertiser on the application for a permit for outdoor advertising.

   (4)   Failure to pay all applicable fees.

   (5)   Failure to construct an outdoor advertising structure and affix the permanent emblem within 180 days from the date of issuance of the outdoor advertising permit by the state department of transportation if so required.

   (6)   Any alteration of an outdoor advertising structure for which a permit has previously been issued which would cause that outdoor advertising structure to fail to comply with the provisions of the Outdoor Advertising Control Act and the rules and regulations promulgated by the state board of transportation pursuant thereto.

   (7)   Any alteration of a nonconforming sign shall be made in accordance with the provisions of section 14-504.

   (8)   Unlawful destruction of trees or shrubs or other growth located on the right-of-way in order to increase or enhance the visibility of an outdoor advertising structure.

   (9)   Unlawful violation of the control of access on interstate, freeway and other controlled-access facilities.

   (10)   Failure to maintain a sign such that it reaches a state of dilapidation, disrepair or disuse. Such determination shall be made by the county.

   (11)   Abandonment, discontinuance or destruction of a sign.

   (12)   Making repairs to a nonconforming sign that exceed 50 percent of the sign's current assessed value. Total repairs during any 12 consecutive months may not exceed 50 percent of the initial construction cost of the sign.

   The planning director may consult with the appropriate state department of transportation district engineer concerning any of the reasons listed in this subsection for revocation of a permit.

   (f)   Repairs. The holder of the sign permit shall contact the state department of transportation district engineer prior to making any major repairs to discuss the scope of the proposed improvements. If the district engineer determines needed repairs to a nonconforming sign will exceed 50 percent of the sign's current assessed value, he may contact the right-of-way branch to consider purchase of the sign, contingent upon funding availability.

(Ord. of 7-10-2000, § 11.13; Ord. of 11-13-2000, § 11.13.2; Amend. of 9-5-2006)