1100 Intent and Purpose - The intent of this Article is to promote and protect the public health, welfare, and safety by regulating existing and proposed outdoor advertising and outdoor signs of all types. It is intended to provide content-neutral regulations and should not be applied or enforced based on content. Specifically, this ordinance is intended to:

(a)

Reduce sign or advertising distraction and obstructions that may contribute to traffic accidents,

(b)

Protect commercial property values by creating a more attractive economic and business climate,

(c)

Protect residential property values by creating an attractive aesthetic in residential areas,

(d)

Enhance and protect the physical appearance of the community, and

(e)

Provide fair, equitable, and predictable sign standards.

(Ord. of 07-19-2016(1))

1101 Scope

1101.1

General - The requirements of this Code apply to all signs, sign structures, awnings, and other types of sign devices located within the city and the city's ETJ, except as specified in 1101.2, below.

1101.2

Exempt Signs - The following signs are exempt from the sign regulations contained in this ordinance: Signs of duly constituted government bodies, including traffic regulatory devices, street signs, way-finding signs, and vertical banners attached to utility poles in the public right-of-way; legal notices; warnings at railroad crossings; name or address signs on mailboxes; street numbers; customary warning and no trespassing signs.

(Ord. of 07-19-2016(1))

1102 Severability - If any word, sentence, section, chapter or any other provision or portion of this Code or rules adopted hereunder is invalidated by any court of competent jurisdiction, the remaining words, sentences, sections, chapters, provisions, or portions will not be affected and will continue in full force and effect.

(Ord. of 07-19-2016(1))

1103 Substitution - The regulations in this Article are intended to be content-neutral and apply equally to commercial and non-commercial speech. Non-commercial messages may be substituted for commercial messages on any sign face in accordance with the regulations of this chapter.

(Ord. of 07-19-2016(1))

1104 State Pre-Emption - Nothing in this ordinance shall contradict any state statute that addresses allowable signage.

(Ord. of 07-19-2016(1))

1105 Sign Definitions - If questions arise related to the interpretation of any of the following definitions, or the classification of a proposed sign in accordance with the following definitions, the City of Lenoir Illustrated Sign Type Design Manual, as may be amended from time to time, is hereby incorporated by reference and shall be used to clarify the intent of the definitions.

Abandoned Sign. A sign that no longer identifies or advertises an ongoing business, product, location, service, idea, or activity conducted on the premises on which the sign is located.

A-Frame Sign. Portable sign capable of standing without support or attachment. Also known as a sidewalk sign or sandwich sign, these signs are frequently used in (but not limited to) areas of high pedestrian activity and often have a chalk board, white board, or other non-digital changeable sign face to display messages that change frequently.

Arm Sign. A sign that would otherwise be considered a projecting shingle sign except that it is attached to or suspended from a T- or inverted L-shaped pole support system that is no taller than 6 feet and is permanently mounted to the ground rather than being attached to a building.

Arterial Street. For the purposes of determining maximum sign copy area for ground-mounted signs, an arterial street is considered to be any road with 4 or more travel lanes, excluding turn lanes.

Awning. Any frame, either fixed or movable, covered with cloth, aluminum, or other materials that is entirely supported by the exterior wall of a building and projects over windows and doors. Awnings are not integrated into the structure of a building, unlike canopies, marquees, or porticos.

Awning Sign. A sign that is painted, printed, sewed, or otherwise applied on an awning.

Banner, Permanent. A building-mounted banner that is incorporated into the permanent signage allowed for the building, constructed from rigid, weatherproof material, and secured tightly to the building on all edges. Permanent building-mounted banners may be installed perpendicular to the building with a vertical orientation or may be mounted flush to the wall surface.

Banner, Temporary. A temporary sign composed of lightweight, flexible, non-rigid material that is mounted to a pole or a structure at one or more edges either vertically or horizontally.

Blade Sign. a type of projecting sign mounted on a building facade perpendicular to the normal flow of traffic. Blade signs typically have the support structure incorporated into the sign, or have mounting brackets on the top and bottom of the sign.

Billboard. See: Commercial Outdoor Advertising Sign.

Building Frontage, Primary. See: Frontage, Primary.

Building Frontage, Secondary. See: Frontage, Secondary.

Building-Mounted Sign. Any sign that is painted on or attached to any building, including wall signs, awning signs, canopy signs, marquee signs, projecting shingle signs, window signs, and building-mounted permanent banners.

Canopy. Any structural, ornamental roof-like appendage, freestanding or attached to a building, supported by the exterior wall of a building and on columns or entirely on columns, and extending over an entrance doorway.

Canopy Sign. A sign that is mounted on, attached to, or suspended from a canopy.

Channel Letters. Three-dimensional metal or plastic letters and graphics that are individually mounted either flush with a building wall or sign structure or onto a rectangular raceway or channel that provides structural support and screens electrical components. Channel letters may be incorporated into a variety of building-mounted and ground-mounted sign types.

Channel Letters, Internally Illuminated. Channel letters constructed with translucent faces and fitted with internal light sources such that each individual letter or graphic element is illuminated.

Channel Letters, Reverse Lit. Channel letters constructed with lights mounted on the rear of the letter such that the light source is not visible but the light floods the wall or sign surface behind the channel letters creating a negative space at night. Reverse lit channel letters are sometimes called halo letters. It is possible for internally illuminated channel letters to also be reverse-lit.

Commercial Outdoor Advertising Sign. A permanent off-premise sign erected, maintained or used in the outdoor environment for the purpose of providing copy area for commercial or noncommercial messages. Also known as billboards.

Development Site. A master planned site that consists of one or more parcels or buildings that function together as a single site, often sharing access, parking, and a consistent architectural style.

Electronic Message Board. Any sign that uses changing lights or a digital display to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. Electronic Message Boards may be light emitting diode (LED) or liquid crystal display (LCD) boards.

Face Change. Alteration of wording and/or advertising information, including logos, on an existing sign structure, where no change to the size, height, and structural content or support of sign is made. Also referred to as "change of copy" or "change of face."

Frontage, Primary. The establishment frontage containing a customer entrance that faces and has access to an arterial street or adjacent driveway or parking lot that serves the use. Only one frontage, which must contain a customer entrance, may be counted as primary frontage.

Frontage, Secondary. For buildings that have frontage on more than one arterial street, the secondary frontage is the establishment frontage, other than the primary frontage, which faces and has access to an arterial street or adjacent driveway or parking lot that serves the use. Depending on the number of streets bordering the parcel, a building may have more than one secondary frontage.

Ground-mounted Sign. A ground-mounted sign is any sign that is not affixed to a building and is securely and permanently mounted in the ground. Also known as a ground sign or a freestanding sign.

Inflatable Advertising Device. Any inflated device used to advertise or draw attention to a site - for example balloons, animal figures, or product replications.

Marquee. A permanent, roofed structure attached to and supported entirely by a building, including any object or decoration attached to or part of said marquee, which projects out over a public right-of-way. Marquees frequently have illumination under the structure, as well as architectural embellishments that incorporate lighting.

Marquee Sign. A sign attached to the face of a marquee, frequently containing a changeable copy component. Marquee signs may project above the roof of the marquee.

Monument Sign. A free-standing, ground-mounted sign that has no visible support structures and is no taller than 8 feet Note: some districts require monument signs to be shorter than 8 feet.

Non-Commercial Message. Any message that does not advertise for a business, good, product, or service and rather displays any type of ideological, religious, or political message or viewpoint. Non-commercial messages are not defined as on-premise or off-premise signs, as they are not related to a particular land use or business.

Non-Conforming Sign. A sign that was legally installed by permit in conformance with all municipal sign regulations and ordinances in effect at the time of its installation, but which may no longer comply with subsequently enacted laws and ordinances having jurisdiction relative to the sign.

Non-Residential Zoning District. Any of the following districts: Residential-Commercial (R-C), Office and Intuitional (O&I), Neighborhood Business (B-1), General Business (B-2), Neighborhood Mixed-Use (B-5), Transitional Business (B-6), Highway Business (B-7), Light Industrial (I-1), and Heavy Industrial (I-2).

Portable Sign. A sign that is not securely or permanently attached to a building or mounted to the ground.

Post and Panel Sign. A ground-mounted sign that is no more than 6 feet tall consisting of one or more panels fastened between two posts. Signs that would otherwise be considered post and panel signs but are taller than 6 feet are regulated as pylon signs.

Projecting Shingle Sign. A type of projecting sign that is suspended from a support bracket mounted perpendicular to a building.

Projecting Sign. A building-mounted sign that projects from the side of the building rather than being mounted with the sign face parallel to the façade of the building. See also projecting shingle sign and blade sign.

Push-Through Acrylic Sign Panel. A type of internally-illuminated sign, where sign elements made of translucent acrylic materials are pushed through a sign cabinet made of aluminum or other opaque material. A light source located within the sign cabinet then illuminates the acrylic components. The illuminated components may be individual letters and graphics, or may be the entire sign face.

Pylon Sign. A free-standing, ground-mounted sign with visible support structure(s) or with the support structure(s) enclosed with a pole cover. Often referred to as a "pole sign."

Roof Sign. Any sign erected upon or against a roof or roof eaves, or on a functional architectural appendage of the roof or roof eaves.

Sign. Any object, display or structure, or part thereof, which is used to advertise, identify, direct, or attract attention to an object, person, institution, organization, business, product, service, idea, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.

Sign Face. The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural thematic or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border.

1.

In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.

2.

In the case of signs painted on a building, or channel letter signs affixed to a building or structure, the sign face includes the letters and graphic elements and the space between them, but not the open space between separate groupings of sign copy on the same building or structure.

3.

In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border.

Sign Height. The vertical distance from the mean grade elevation taken at the fronting street side of a structure to the highest point of a sign or supporting structure, excluding ornamentation such as caps, spires, and finials, as long as such ornamentation does not extend more than one foot beyond the top of the sign. Where berms or raised landscaped areas are used to raise the base of the sign, height will be measured to the mean elevation of the fronting street.

Temporary Sign. A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.

Uniform Sign Plan. A comprehensive signage plan for a parcel or development site that coordinates multiple sign types, locations, and tenants. Uniform sign plans address all of the signage in a development, including the location, number, size, type, and material of signs. Once a uniform sign plan is adopted, individual tenant signs within a particular development are reviewed in accordance with their compliance with that development's uniform sign plan.

Vehicular Sign. A sign attached to a parked vehicle in public view for the purpose of displaying a message or any sign whose sign face was initially constructed and designed to be placed and/or transported on wheels.

Wall Sign. Any sign that is painted or affixed to the wall of a building with the display surface parallel to the face of the building.

Wall Surface Area. The wall surface area is equal to the total length of the building façades that face a public street or parking area multiplied by the height of the building wall from the lowest adjacent finished grade at the base of the building to the roofline. The wall surface area includes window and door areas, but does not include surface area of features that extend above the roofline, such as parapet walls, chimneys, steeples, or other architectural features.

Wind-Blown Advertising Device. Any cloth, plastic, paper, or similar material used for advertising purposes attached to or appended on or from any structure, staff, pole, line, or framing. Wind-blown advertising devices include but are not limited to pennants, streamers, spinners, pinwheels, windsocks, feather banners, and balloons.

Window Sign. Any sign that is attached to or displayed in a window, including vinyl applications on the window surface and any interior signs that are installed or hung in an interior storefront so as to be visible through the window.

(Ord. of 07-19-2016(1); Ord. of 1-19-2021, § 8)

1106 Permits Required; Exemptions

1106.1

Permit Required - Except as otherwise provided in this Article, it shall be unlawful for any person to erect, place, construct, move or replace any sign or cause the same to be done, without first having obtained a zoning permit for such sign from the Planning Department and, as required by the NC State Building Code, building and electrical permits from Caldwell County Building Inspections Department. This requirement also applies to alterations to existing signs that change the size or shape or add an electronic message board or internal illumination.

1106.2

Application - A zoning permit application must include the number, size, location, height, type, illumination, and materials of the proposed signs and all other existing signs on the property and a copy of the uniform sign plan for the development, where applicable. A fee, in accordance with a fee schedule adopted by the City Council, shall be charged for each sign permit issued.

1106.3

Copy Changes - Copy or color change on an existing sign does not require a sign permit; nor does changing or replacing a sign face or panel when such replacement does not require any structural or size modifications.

1106.4

Exempt from Permit - The following signs are allowed without a permit and do not count against the total permitted sign area for a development site:

(a)

Signs located on private property, such that no part of the sign is oriented towards or viewable from a public or private right-of-way or an adjacent property.

(b)

Signs that are located on private property and are visible from a public or private right-of-way or adjacent properties, but are not illuminated, are no larger than 2 sq. feet, and are not able to be read from the public or private right-of-way or any adjacent property.

(c)

Examples of signs meeting this criteria may include signs that face rear parking areas, signs affixed to gas pumps or merchandise displayed outdoors, signs affixed to shopping cart return stalls, signage oriented towards drive-through lanes that are located to the side or rear of buildings, and signs affixed to internal walls of a building that are not visible through the windows.

(d)

This section does not apply to any type of wind-blown or inflatable advertising devices.

(Ord. of 07-19-2016(1))

1107 General Requirements For All Districts

1107.1

Calculating Sign Copy Area - The entire sign face, as defined in this Article, shall be used to calculate the sign copy area, except that only one side of a double-faced sign shall be included in calculating the sign copy area, when the sign face is identical on each side and the sign faces are mounted parallel to each other.

1107.2

Design and Materials - Signs shall be constructed of materials designed to withstand outdoor locations. Permanent sign materials are limited to acrylic, vinyl, glass, plastic (excluding corrugated plastic), metal, treated/painted wood, brick, stone, and similar durable synthetic or natural materials. All requirements of the NC State Building Code shall be met.

1107.3

Uniform Sign Plan Required - A uniform sign plan shall be required for all developments subject to the design requirements of Section 714 of the Zoning Ordinance, and may be required as a condition of approval for any special use permit or conditional zoning request. Uniform sign plans must include an illustrated site plan of all signage, including, but not limited to, on-site directional/way-finding signs, identification/entrance signs, traffic regulation signage and all tenant signs for the project.

Uniform sign plans should note location, size, and type for signs - designs and sign faces may be interchangeable once the sign plan is approved. The development plans shall denote maximum total sign areas permitted in this Article for the project. All tenants shall comply with the approved uniform sign plan.

Master developers are strongly encouraged to adopt a consistent branding/design scheme through the uniform sign plan, using easily recognizable logos, shapes, and designs to add consistency and ease of identification of the development by the public.

A uniform sign plan may only be amended by the property owner. Once a uniform sign plan is amended, all existing signage on the property must be brought into compliance with the amended sign plan within 18 months of approval of the sign plan by the Planning Department.

1107.4

Locational Requirements

(a)

On-Premise Only. All signs must be located on the same site as the business, product, or service they are advertising.

(b)

Setbacks. Setbacks shall be measured from the edge of the adjacent right-of-way or sidewalk easement to the outermost edge of the sign structure. Signs shall not be permitted to project into the right-of-way, except for signs within the B-3 zoning district in accordance with the Central Business District Sign Overlay standards.

(c)

Sight Triangles. No sign shall be erected that would interfere with the sight triangles at intersections or driveways, in accordance with Section 708 of the Lenoir Zoning Ordinance.

(d)

Prohibited Locations. Signs shall not be attached to utility poles, light poles, dumpsters, rocks, trees, or other signs, except as expressly allowed in this ordinance for vertically oriented banners attached to utility poles and light poles.

1107.5

Maintenance - All signs and all components thereof, including supports, braces, anchors, etc., shall be kept in a good state of repair, in compliance with all building and electrical codes, and in conformance with the requirements of this Ordinance. Any sign which is determined by the Planning Department to be insecure, in danger of falling, or otherwise endangering the public safety shall be immediately removed by its owner unless it is repaired and made to otherwise comply with the requirements of this Ordinance.

1107.6

Illumination and Electronic Signs - Illuminated and electronic signs, where otherwise permitted by this Article, shall conform to the following:

(a)

External Illumination. External illumination must be confined to and directed solely at the surface of the sign and shielded to prevent beams, glare, or rays of light from being directed onto any portion of the right-of-way or any adjoining property.

(b)

Internal Illumination. The only allowable types of internally illuminated signs are channel letters with translucent faces, reverse lit channel letters, or push-through acrylic sign panels. For reverse lit channel letters, lights must be white. All exposed raceways must be painted to match the finish of the wall behind the sign. Black raceway is suitable on brick walls.

(c)

Electronic Message Boards. Electronic message boards are limited to light emitting diode (LED) or liquid crystal display (LCD) boards and shall not contain any scrolling, moving, or animated display. The minimum time between display changes shall be three seconds for on-site commercial signs and eight seconds for billboard signs.

(d)

Neon Tubing. Neon and cold-cathode tubing must be fully enclosed, except that existing neon and cold-cathode tubing in signs may be repaired or replaced in accordance with the other requirements of this Article.

1107.7

Penalties for Violation - Violations of this ordinance will be subject to the penalties established in Chapter 1, Section 1-15 of the Lenoir Code of Ordinances.

(Ord. of 07-19-2016(1); Ord. of 1-19-2021, § 8)

1108 Signs In Residential Districts - In residential zoning districts (R-R, R-20, R-15, R-12, R-9, and R-6), signs must conform to the following:

(a)

On individual lots in residential zoning districts, including detached, semi-detached, and townhome lots, individual signs are limited to 3 sq. ft. with a maximum of 9 square ft. of total sign area permitted per road frontage, per lot. This sign area allowance includes but is not limited to: home occupation signs, lawn signs, real estate signs, contractor signs, and non-commercial signs. Signs may be freestanding, mounted to a permanent building structure or displayed in a window and may be permanent or temporary. These signs do not require a zoning permit.

(b)

Major subdivisions, planned unit developments, multi-family developments, and non-residential special uses with an approved special use permit located within residential zoning districts are permitted one monument sign not to exceed 32 sq. ft. in area and 6 ft. in height for each separate street entrance (for major subdivisions) or street frontage (for single development sites). Individual principal buildings are also allowed 8 sq. ft. of wall signage. All signs permitted by this subsection require approval of a uniform sign plan and a zoning permit.

(c)

Electronic Message Boards and internal illumination of signs are prohibited in residential districts.

(Ord. of 07-19-2016(1); Ord. of 1-19-2021, § 8)

1109 Building-Mounted Signs - Non-Residential Districts - Figure 1109 details the permitted illumination and maximum copy area for non-residential zoning districts within the City and the City's ETJ, except for signs in the B-3 district, which are regulated by the Central Business District Sign Overlay (Sec. 1112.1). Any combination of the allowed building-mounted sign types (wall and canopy signs, awning signs, projecting signs, window signs, and building-mounted banners) may be used to reach the maximum allowable copy area, subject to any specific limitations on specific sign types in this Section.

In addition to the standards in Figure 1109, the following specific standards shall apply to building-mounted signs, as follows:

(a)

Awning Signs. Signs must be painted, stamped, perforated, stitched, or otherwise applied directly onto the awning, except for signs hung below awnings from the internal structural support system. Signs that project out from or above an awning are prohibited.

(b)

Projecting and Hanging Signs. Signs that project out from a building (with copy area oriented at an angle rather than being parallel to the building façade) or that are hung from or project below awnings, canopies, marquees, or overhangs must maintain a minimum clearance of 7 ft. from the lowest part of the sign (including sign support systems) to the finished grade of any sidewalk or internal pedestrian walkway and a minimum clearance of 12 ft. to the finished grade of any vehicular area.

(c)

Wall and Canopy Signs that Project above Rooflines. Signs attached to building walls, parapet walls, or canopies must not project more than 2 ft. above the highest part of the building, canopy, or parapet wall.

(d)

Window Signs. The aggregate total area of window signs must not exceed 25% of the window area in any single building facade.

(e)

Permanent Building-Mounted Banners. Permanent Building-Mounted Banners that are securely mounted to a wall in a perpendicular, vertical orientation to the wall surface or flush against the wall surface are permitted as permanent signs in accordance with the other requirements for permanent building-mounted signs in this Article, with the following additional requirements:

1.

Rigid, weatherproof panel construction is required.

2.

Banner must be installed and secured tightly to the building. No loose, non-secure attachments are allowed.

3.

Permanent banners installed perpendicular to the wall surface must have sleeves to mount to a top and bottom armature, consisting only of steel tubing, spaced apart to ensure rigid installation. No loose, flapping or hanging banners are allowed. No such banner shall project out from the building façade greater than 3 ft.

(Ord. of 07-19-2016(1); Ord. of 1-19-2021, § 8)

1110 Ground-Mounted Signs - Non-Residential Districts - Figure 1110 details the permitted ground-mounted sign types, illumination, and maximum copy area for non-residential zoning districts within the City and the City's ETJ, except for signs in the B-3 district, which are regulated by the Central Business District Sign Overlay (Sec. 1112.1). A maximum of one ground-mounted sign is allowed per street frontage, per parcel or development site. The maximum size of the sign shall be determined based on the characteristics of each street frontage and each permitted sign must be located on and oriented towards the applicable street frontage. Parcels or development sites with more than one driveway entrance, when such entrances are separated by a distance of at least 400 linear ft., are permitted one additional ground-mounted sign. The signs must be separated by at least 350 ft.

In addition to the standards in Figure 1110, the following specific standards shall apply to ground-mounted signs, as follows:

(a)

Pylon Signs. Pylon signs are subject to the following restrictions:

1.

Maximum Height. The maximum height shall be 15 ft., except that free-standing signs on arterial frontages for parcels or development sites with at least 50,000 sq. ft. of gross floor area are allowed a maximum height of 25 ft.

2.

Setbacks. All pylon signs shall be set back a minimum of ten feet from the right-of-way of any adjacent public street and five ft. from interior side or rear lot line.

3.

Design Requirements. Pylon signs with visible support structures shall be designed with a single pole support with a maximum width of 12 inches. Single pole supports wider than 12 inches or multiple pole supports shall be wrapped or enclosed with a cover that is integrated into the sign and finished to match the materials of the principal buildings.

(b)

Monument Signs. Monument signs are subject to the following restrictions:

1.

Maximum Height. The maximum height for monument signs in non-residential districts is 8 ft.

2.

Setbacks. Minimum setback for monument signs in all districts is 0 ft. from the right-of-way of any adjacent public or private street and five ft. from interior or rear lot lines, except that signs must be setback from the centerline of any street a minimum of half of the minimum required right-of-way width. All signs must be located outside of sight triangles.

3.

Design Requirements. Monument signs shall have fully enclosed support structures and be finished to match the materials of the principal buildings.

(c)

Arm Signs/Post and Panel Signs. Arm signs and post and panel signs are subject the following restrictions:

1.

Maximum Height: 6 ft.

2.

Maximum sign face area (per sign): 16 sq. ft.

3.

Setbacks. Minimum setback for arm signs and post and panel signs is 0 ft. from the right-of-way of any adjacent public or private street and 5 ft. from interior or rear lot lines, except that signs must be setback from the centerline of any street a minimum of half of the minimum required right-of-way width. All signs must be located outside of sight triangles.

(d)

Additional/Incidental Ground-Mounted Signs. Ten percent of the sign area permitted for ground-mounted signs may be allowed for additional signs to facilitate safe and efficient flow of vehicular and pedestrian traffic within a development site. This allotment of sign area is in addition to the maximum area permitted for ground-mounted signs. Signs allowed under this subsection must conform to the following standards:

1.

Maximum Height - 3 ft.

2.

Minimum Setback - 0 ft.

3.

All signs must be located on private property and must conform to all standards for other permanent ground-mounted signs.

(Ord. of 07-19-2016(1); Ord. of 1-19-2021, § 8)

1111 Portable and Temporary Signs - Non-Residential Districts. The sign regulations in this section are intended to allow for limited portable and temporary signs in order to reduce roadside sign clutter that contributes to a less desirable aesthetic and an overly distracting environment for motorists. The following regulations apply in all non-residential zoning districts within the City and the City's ETJ, except for signs in the B-3 district, which are regulated by the Central Business District Sign Overlay (Sec. 1112.1).

1111.1

General Requirements

(a)

All temporary and portable signs allowed under this section are prohibited from having any type of illumination (internal or external).

(b)

Electronic message boards are not permitted as portable or temporary signs.

(c)

Signs in violation of this Section, upon notification of the violation via a written letter or posting on the property by the Planning Department, must be removed within 48 hours of the receipt of such notice.

1111.2

Freestanding A-Frame Signs - Freestanding A-Frame Signs (sometimes called sidewalk signs or sandwich signs) are permitted in all non-residential districts, subject to the following rules:

(a)

One A-frame sign per business.

(b)

Maximum 8 sq. ft. per sign face.

(c)

Signs shall not impede normal pedestrian or vehicular traffic or accessibility or be located within a required sight triangle.

(d)

Signs shall not be located within any public or private right-of-way, except in the Central Business (B-3) zoning district.

(e)

Signs must be removed daily.

1111.3

Temporary Signs - Properties that are for sale, for lease, under construction, or hiring new employees are permitted to erect a maximum of one temporary ground-mounted or building-mounted sign per street frontage, per parcel, as follows:

(a)

Maximum sign area of 32 sq. ft. per sign

(b)

Illumination is prohibited.

(c)

Temporary signs must be removed within 5 days of their purpose being exhausted.

(d)

Signs must be constructed of rigid, weather-proof materials. Banners, flags, cardboard, untreated plywood, or corrugated plastic signs are not allowed under this section.

(e)

Signs must be securely placed, but not be permanently anchored to the ground.

(f)

Signs must be located on private property.

1111.4

Temporary Banners - Temporary banners are allowed with an approved zoning permit, subject to the following restrictions:

(a)

An application for a zoning permit must be filled out for every banner, subject to the approved fee schedule.

(b)

A single temporary banner may be displayed no more than twice per calendar year, for a maximum duration of 30 days each time. For multi-tenant buildings, wall-mounted banners in accordance with these restrictions may be permitted per business. Ground-mounted banners are limited per parcel or development site. Where a parcel or development site has frontage on more than one road, a single banner per road frontage may be allowed under the same zoning permit.

(c)

No banner shall exceed 32 sq. ft.

(d)

Banners must be attached to the wall of a principal structure or securely anchored in a landscaped area outside of the right-of-way. No loose, non-secure attachments are allowed.

(e)

No banner shall be attached to a roof structure.

(f)

The owner or manager of a shopping center or other multi-tenant development may choose to further restrict the placement of banners within an approved Uniform Sign Plan, or specify other restrictions for individual businesses. When no specific restrictions for banner placements exist in the Uniform Sign Plan for a multi-tenant development, each business shall be permitted temporary banners as allowed in this section.

1111.5

Windblown and Inflatable Advertising Devices - Windblown and inflatable advertising devices are allowed with an approved zoning permit subject the following restrictions:

(a)

Limited to two times per calendar year per parcel or development site.

(b)

Windblown and inflatable advertising devices shall be allowed for a period not to exceed 30 days for each event, with a minimum duration of 30 days between installations. In no instance shall outdoor advertising devices be permitted for greater than 30 consecutive days.

(c)

An application for a zoning permit shall be submitted and approved by the Planning Department prior to the installation of any outdoor advertising devices.

(d)

Inflatable devices, except for balloons attached to merchandise, are limited to one device per parcel or development site per event, at a maximum height of 20 ft. or no taller than the building, whichever is greater.

(e)

There is no limit on the number of windblown devices per event.

(f)

All outdoor advertising devices must be located on private property, outside of site triangles, and be setback a minimum of 10 ft. from the right-of-way and from any adjoining property. No placement shall block safe and efficient ingress/egress or on-site circulation for vehicles and pedestrians, nor shall any entrance or exit to a building be blocked.

(g)

No blinking lights, flashing, moving, or animated signs are allowed.

1111.6

Flags/Balloons Attached To Merchandise - Balloons, flags, pennants or other graphics attached to items displayed outdoors and sold on the premises are permitted within non-residential districts, subject to the provisions of this ordinance, provided that they do not exceed 2 sq. ft. each or interfere with visibility in sight triangles.

1111.7

Non-commercial/Ideological Messages on Temporary Signs - In addition to the other signs permitted under this ordinance, a maximum of 9 sq. ft. of temporary signage shall be allowed per parcel, per road frontage in non-residential districts for non-commercial messages. Signs allowed under this subsection may be any material, including corrugated plastic, provided such signs are removed prior to becoming torn, tattered, or otherwise deteriorated. No individual sign shall be larger than 3 sq. ft. This provision is enacted in addition to the requirements for other types of signs in order to protect the availability of such signs as a method for free expression. Such signs do not require a permit and must be located on private property outside of required sight triangles.

(Ord. of 07-19-2016(1))

1112 Special Sign Overlay Districts

1112.1

Central Business District Sign Overlay - Within the Central Business District (B-3 Zoning District), only the following sign types are permitted, in accordance with the specified locational and dimensional regulations:

(Ord. of 07-19-2016(1))

1113 Commercial Outdoor Advertising Signs (Billboards) - Billboards shall be permitted only in the General Business (B-2), Light Industrial (I-1), and Heavy Industrial (I-2) zoning districts and shall be regulated in accordance with the following provisions in addition to other requirements of this ordinance.

1113.1

Types of Signs Permitted - All billboards shall have a single pole or mono-pole support constructed of steel, and steel framing. A maximum of two sign faces may be permitted on such support provided that back of the sign faces are separated by an angle not exceeding 45 degrees. Double-stacked signs, side-by-side signs, and signs involving the motion of single or multiple messages are not permitted.

1113.2

Separation - Billboards shall be separated by a minimum of 600 feet on the same side of a roadway, and 300 feet on the opposite side of a roadway. This distance shall be measured along the edge of the adjacent roadway.

1113.3

Setback Requirements - Billboards shall maintain a minimum setback from interior property lines a distance not less than the height of the sign. Billboards shall maintain a minimum setback from all rights-of-way such that the outermost edge of the sign is not less than 10 feet from the right of way, and any support is not less than 25 feet from the right-of-way.

1113.4

Separation from Advertised Use - Billboards must be a minimum of 1,000 feet from the advertised business.

1113.5

Maximum Size - The maximum size of a billboard shall be 300 square feet along two-lane roadways, and 380 square feet along roadways with more than two lanes, excluding turn lanes. The maximum size includes any border, trim or decorative embellishments, but excludes the base, apron, supports, and other structural elements. This measurement shall only include one side or face of the sign.

1113.6

Dimensions - The maximum height permitted for any billboard shall be 30 feet measured from ground directly beneath it. The maximum width or length of any billboard shall not exceed 37 feet. These dimensions shall include all structural elements of the sign.

1113.7

Topographic Exceptions - Where topographic conditions preclude the placement of a billboard in compliance with the height limitations of this ordinance, such sign may exceed the height limitations to the extent that the bottom of the sign is at least 10 feet above the closest roadway surface.

1113.8

Non-Conforming Billboards - Non-conforming billboards which are damaged, dilapidated, or otherwise pose a threat to public safety due to disrepair shall not be repaired or replaced unless located in the B-2, I-1 or I-2 zoning districts. Such billboards shall only be replaced with steel mono-pole supports and steel framing.

1113.9

Zero Growth Policy - The total number of billboards within the Lenoir City limits and the City's Extraterritorial Jurisdiction (64) shall not increase following the adoption of this ordinance. Any nonconforming billboard that is removed for any reason shall only be replaced in conformance with this ordinance. Furthermore, no billboards shall be permitted or replaced in the Billboard Exclusion Zone, as designated on the Lenoir Zoning Map. In general this zone includes the area along U. S. Highway 321 from U. S. Highway 64 to Seehorn Street, and the area along Harper Avenue from U. S. Highway 321 to Ridge Street.

(Ord. of 07-19-2016(1))

1114 Prohibited Signs and Sign Types - The following signs and sign types are prohibited:

(a)

Signs on any public right-of-way or easement, except as expressly permitted in this Article. The City reserves the right to remove and destroy any sign placed within the public right-of-way or easement without notice.

(b)

Signs in any location that obstruct a motorist's vision of traffic control signals, other vehicular traffic, or pedestrian traffic. Any sign determined by the Planning Department to be obstructing the view of bicyclists or motorists using any street, approach to any street intersection, or which interferes with the effectiveness of or obscures any traffic sign, device, or signal is prohibited.

(c)

Highly reflective signs or spotlights, which hamper the vision of motorists, bicyclists, or pedestrians. Signs with intermittent lights resembling flashing lights customarily associated with danger, emergency vehicles or for navigation purposes, and/or located and so illuminated as to provide a background of colored lights blending with traffic signal lights to the extent of confusing a motorist are prohibited. This includes signs that use strobe lights and/or mirrors.

(d)

Signs not erected by a public authority that contain lights, words, language and/ or other devices that may be erroneously construed as government signs, traffic regulatory, or emergency warning signs.

(e)

Any sign that interferes with free passage from or obstructs any fire escape, downspout, window, door, stairway, ladder, or opening intended as a means of ingress or egress or providing light or air.

(f)

Flashing signs, rotating signs, signs with flashing or reflective disks, signs with flashing lights or lights of changing degree of intensity or color or signs with electrically scrolled messages.

(g)

Vehicular signs and all portable signs, except as explicitly allowed in Sec. 1111.

(h)

Any sign advertising a product or business no longer available on the property containing the sign or advertising for a product or business located on an off-premise site, except as explicitly allowed by this ordinance. Abandoned signs must be removed within 30 days of cessation of the business or activity that the sign advertised.

(i)

Any sign that emits smoke, visible vapors, particles, sound or odor is prohibited. Open flames used to attract public attention to a place of business or to an advertising sign shall not be permitted.

(j)

Roof signs.

(Ord. of 07-19-2016(1))

1115 Non-Conforming Signs

1115.1

Non-Conforming Signs - Any sign deemed by the Planning Department to be legally non-conforming will be allowed to remain if in good repair, but shall not be:

(a)

Changed to another non-conforming sign;

(b)

Structurally altered to prolong life of the sign;

(c)

Expanded;

(d)

Re-established after removal; or

(e)

Re-established after damage or destruction if estimated expenses of reconstruction exceeds 60% percent of the tax value of the sign.

1115.2

Removal of Non-Conforming Signs Upon Substantial Improvement - Non-conforming signs must be removed or modified to conform to this sign ordinance upon "substantial improvement" (as defined in Article IV of the Zoning Ordinance) of any parcel or development site.

1115.3

Non-Durable Non-Conforming Signs - Any non-conforming sign made of paper, cloth, cardboard, corrugated plastic, or other temporary or non-durable material shall be removed within three (3) months from the effective date of this ordinance.

1115.4

Amortization of Non-conforming Freestanding Signs - Freestanding or ground signs in excess of 50 feet in height shall conform to the height, area and setback provisions of this ordinance by June 30, 2021.

(Ord. of 07-19-2016(1))