Middleburg City Zoning Code

SIGNS

§ 156.140 GENERALLY.

(A) For the purposes of this chapter, the intent of this subchapter is to recognize that signs serve a legitimate public service, complementing and supporting trade, tourism and investment within Vance County. The regulations of this subchapter are intended to establish standards which maximize the effectiveness of permitted signs while limiting visual distraction to motorists, preserving property value, and preserving the natural aesthetics of the county.

(B) All signs except those specifically listed in § 156.143 shall be erected, installed, or modified only in accordance with a valid sign permit issued by the Zoning Administrator. Sign permits shall be issued in accordance with the zoning permit requirements and procedures of this chapter. If plans submitted for a zoning, special use, or special use permit include sign plans in sufficient detail that the Zoning Administrator can determine whether the proposed sign(s) comply with the provisions of this subchapter, then issuance of the requested zoning, special use, or special use permit shall constitute approval of the proposed sign(s).

(C) NOTE: In all circumstances, signs must meet all applicable North Carolina Department of Transportation (NC-DOT) standards and provisions (per all NC-DOT guidelines) for clear lines of site and placement of signs in NC-DOT rights of way. Applicants shall comply with all applicable building and zoning regulations, as necessary, in relation to sign permits.

(Ord. 39, passed 10-3-2011; Am. Ord. 5-3-2021)

§ 156.142 SIGN STANDARDS.

(A) All signs, except for those attached flat against the wall of a building, shall be constructed to withstand minimum wind loads as specified by the NC State Building Code. Sufficient documentation shall be submitted to the Zoning Administrator for review to assure that wind and stress requirements have been met prior to any permit being issued.

(B) All signs shall be installed and maintained in compliance with the North Carolina State Building Code and the National Electrical Code and shall have appropriate permits and inspections. Electrical signs and fixtures shall bear labels of a nationally accepted testing laboratory.

(C) All signs shall be maintained in a state of good repair and shall present a neat, well-kept appearance. The Zoning Administrator or his authorized representative shall have the authority to order the painting, repair, alteration or removal of a sign, at the expense of the owner of such sign, which shall constitute a hazard to safety, health or public welfare by reasons of inadequate maintenance, dilapidation or obsolescence. The existence of a sign or its support structure with no message display for a period of 180 days shall be justification to declare the sign abandoned and require its removal.

(D) All lights used for the illumination of a sign shall be shielded so that the light will not shine directly on surrounding areas (inclusive of residential areas within 300 feet) or create a traffic hazard or distraction to operators of motor vehicles on the public thoroughfares. The Zoning Administrator shall have the power to order a change in the illumination of any sign that becomes a hazard or a nuisance.

(E) No illuminated sign, other than professional or occupational signs or nameplates, on-premises signs, incidental signs, or identification signs shall be permitted within 100 feet of any residential zoning district. Illuminated signs other than those listed above which are located within 300 feet of a residence or residentially zoned district shall not be illuminated between the hours of 12 midnight and 6:00 a.m., unless said lighting is designed in such as a manner as to shield the neighboring residence or residentially zoned district from the illumination.

(F) Any sign erected without proper permits or in violation of this subchapter shall be brought into compliance within 30 days of notification by the Planning and Development Director or his/her designee or said sign shall be removed immediately.

(G) Any sign that meets the provisions of this chapter, upon its adoption, and requires a remedy to any deficiency (such as a sign that is damaged and requires repair), in this instance the owner shall be given written notice by certified letter return receipt requested by the Zoning Administrator to remedy the situation. The owner shall have 90 days to remedy or be in violation of this chapter.

(Ord. 39, passed 10-3-2011; Am. Ord. 5-3-2021)

§ 156.143 EXEMPT SIGNS.

The following listed signs are subject to all placement and dimensional requirements of this subchapter and shall comply with the North Carolina Department of Transportation sight distance and road right-of-ways clearances. The following listed signs shall, however, be exempt from permit and fee requirements. Exempt signs shall be maintained in good condition and shall not constitute a hazard to safety, health or public welfare. Exempt signs that are found to be in violation shall be ordered corrected or removed.

(A) Any sign 32 square feet or less in area.

(B) Any sign that is required by law or erected at the direction of a governmental agency.

(D) Any warning signs; utility signs; signs for public use; and no trespassing, no hunting, or neighborhood watch signs shall contain no commercial message.

(E) Mailboxes, house numbers, nameplates, and building markers not exceeding 32 square feet in area.

(F) Religious symbols at a place of worship or at a church-owned or operated facility. Such symbols must meet all setbacks and lighting requirements for signs.

(G) Construction signs having a maximum area of 32 square feet and a maximum height of 8 feet and limited to 1 sign per construction site per road frontage. Exempt construction signs must be removed within 15 days following the completion of the project.

(H) Real estate signs having a maximum area of 32 square feet and a maximum height of 8 feet. Real estate signs are limited to one per site or one per 300 feet of road frontage. Temporary real estate signs associated with the marketing of a subdivision shall be limited to one sign per subdivision entrance and 32 square feet in area and 8 feet in height. This type of sign must be set back a minimum of 2 feet from all exterior property lines of the subdivision and shall remain clear of the roadway sight distance easement. An additional directory-type sign of the same dimension, height and setback requirements may be located within the interior of a subdivision. Real estate signs must be removed within 30 days following completion of the project or transaction.

(I) Temporary signs shall not be placed more than 30 days prior to the event, election or grand opening and must be removed within 10 days following the event, election or grand opening. Such signs are limited to 32 square feet in area and 8 feet maximum height.

(Ord. 39, passed 10-3-2011)

§ 156.144 PROHIBITED SIGNS.

The following signs shall not be permitted, erected or maintained within Vance County's planning and zoning jurisdiction inclusive of the Towns of Kittrell and Middleburg (not inclusive of the City of Henderson or its extraterritorial jurisdiction - ETJ).

(A) Signs with moving, revolving or rotating parts, optical illusions or movement or mechanical movements by any description or other apparent movement achieved by electrical, electronic or mechanical means, except for time, temperature, date signs; traditional barber poles; and electronically controlled message signs.

(B) Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color or use intermittent electrical pulsations, except for: time, temperature, date signs; traditional barber poles; and electronically controlled message signs.

(C) Strings of light bulbs used in connection with commercial premises for commercial purposes other than traditional holiday decorations.

(D) Portable signs, including signs painted on or displayed on vehicles or trailers used to serve primarily as a sign, shall be prohibited except that portable signs used as temporary signs as defined in § 156.141 and in compliance with § 156.143(I) are permitted.

(E) Signs erected, maintained, painted or drawn on any tree, rock or other natural feature.

(F) Signs that are attached to a structure and extend vertically above the highest portion of the roof of any structure.

(G) This section shall not apply to signs that are of an artistic nature and painted on natural features.

(Ord. 39, passed 10-3-2011)

§ 156.145 SIGN PLACEMENT, SIZE, HEIGHT, SETBACK, SEPARATION, CLEARANCES/CONSTRUCTION BY SIGN TYPE.

(A) Advertising signs (billboards). All advertising signs (billboards) located within 660 feet of interstate or federally assisted primary highways are subject to the standards and permitting requirements of the Outdoor Advertising Control Act administered by the North Carolina Department of Transportation.

(1) For advertising signs (billboards) that are off-premise, the maximum permitted sign area, location, characteristics, and number of off-premise outdoor advertising signs shall be in accordance with the standards in this subchapter, the following regulations for such signs shall apply:

(a) Permitted only with the issuance of a special use permit.

(b) Limited to a maximum size of:

1. Four hundred square feet along any U.S. or North Carolina designated highway.

2. Two hundred square feet along all other streets/roads.

(d) Not exceed 30 feet in height.

(e) Have only 1 face per side of the sign. "Double-decker" signs with signs erected 1 over or above the other and side-by-side signs with signs erected 1 next to the other are prohibited.

(f) Be a minimum of 1,000 feet from any residential zoning district or residentially developed property, whether within the jurisdictional limits of the county or not. The distance shall be measured radially from the proposed sign location to the nearest point of the residential district or property.

(g) Shall be a minimum of 1,000 feet from any other off-premise outdoor advertising sign, located on the same or on the opposite side of the street. The distance shall be measured radially from the proposed sign location to the existing sign location.

(h) Shall be a minimum of 100 feet from any existing or proposed building, off-street parking area, or other building or structure. The distance shall be measured radially from the proposed sign location to the nearest point of the building, off-street parking area, or other building or structure.

(i) No vegetation in the public right-of-way shall be cut for the purpose of increasing or permitting visibility to such off-premises outdoor advertising sign unless approved by the chief engineer of the governmental authority having jurisdiction over such right-of-way.

(j) No outdoor advertising sign (billboard) shall be located in a required front yard setback.

(k) Outdoor advertising signs (billboards) shall meet North Carolina Building Code requirements for wind load and all supports shall be of steel, aluminum, concrete, or other non-combustible material.

(l) No outdoor advertising signs (billboards) shall be erected closer than 10 feet from any conductor of electricity, and all such signs shall comply with all requirements of the National Electrical Code with respect to clearance from overhead electrical conductors.

(B) On-premise signs-businesses (freestanding pole/ground mounted on-premise signs):

(1) Maximum height: 35 feet.

(2) Maximum sign size: 200 square feet of sign area per adjoining public road frontage. Maximum sign size is a cumulative total and shall not exceed 300 square feet in area when multiple displays are used on a single support.

(3) Maximum number of freestanding or ground mounted on-premises signs per parcel: 1 sign per adjoining public road frontage.

(4) Minimum separation from rights-of-way, property lines and structures: 10 feet.

(5) Minimum separation from utility lines shall be in compliance with the requirements of the utility having jurisdiction.

(6) No unfinished surfaces or structures shall be exposed on on-premises signs.

(7) Multiple signs (ground mounted and on the same property) for businesses: Businesses advertising special sales, special events, and promotions may display one temporary sign or banner per establishment in addition to the permitted signs, provided that such sign is not illuminated and if mounted on a building shall be flush against the building wall. Maximum size is 18 square feet and such sign may not be is not located within a street right-of-way or required sight triangle. NOTE: Signs of this nature are exempt from fees/permitting per § 156.143 (less than 32 square feet in size).

(1) Maximum area: 1 square foot of sign area per linear foot of building, canopy or awning per building side. Sign footage permitted per building side may not be used on any side other than that building side.

(2) Minimum guaranteed wall signage area at any individual premises is 32 square feet.

(3) The maximum projection of a wall sign shall not exceed 12 inches.

(4) The height of a wall sign shall not exceed the height of the building or canopy facade.

(D) Professional or occupational name plates and incidental signs:

(1) Maximum sign area: 32 square feet.

(2) Maximum height: 30 inches if ground mounted, signs in this category may also be mounted against the structure.

(3) Minimum setback from all property lines: 2 feet.

(4) Maximum number of signs per business establishment: 1.

(E) Identification signs:

(1) Maximum sign area: 32 square feet.

(2) Maximum height: 8 feet.

(3) Minimum setback: 10 feet from all property lines.

(4) Maximum number of signs per entrance: 1.

(F) Menu signs.

(1) Maximum sign area: 45 square feet.

(2) Maximum height if ground mounted: 8 feet.

(3) Minimum setback from all property lines: 10 feet.

(4) Maximum number of signs per business establishment: 1.

(Ord. 39, passed 10-3-2011; Am. Ord. 5-3-2021)

§ 156.146 NONCONFORMING SIGNS.

It is the intent of this subchapter to permit signs that were lawful before the effective date of this subchapter to remain in service. All nonconforming signs existing on the effective date of this chapter, which do not conform to the requirements of this subchapter, shall be removed and/or brought into compliance within 12 months from the effective date of this chapter.