Mills River City Zoning Code

SIGNS

§ 154.250 PURPOSE AND INTENT.

It is the intent of this to authorize the use of signs:

(A) To encourage the effective use of signs as a means of communication in the town.

(B) To preserve Mills River as a community that is attractive to business and industry while also preserving the natural beauty of the area.

(D) To improve pedestrian and traffic safety.

(E) To minimize the possible adverse effects of signs on nearby public and private .

(F) To improve the overall aesthetics of the community by preventing over-concentration, improper placement, and excessive height, bulk, and area of signs.

(Ord. 2017-07, passed 11-10-2017)

§ 154.251 GENERAL PROVISIONS/ APPLICABILITY.

The regulations in the sections pertaining to signs specify the number, types, sizes, heights, and locations of signs, which are permitted within the jurisdiction of the town. Except as otherwise provided, no be erected, placed, altered, constructed, moved, converted, or enlarged except with the provisions of this chapter.

(Ord. 2017-07, passed 11-10-2017)

§ 154.252 DEFINITIONS.

The words or terms have the meanings as herein defined:

ABANDONED SIGN. A erected on in conjunction with a particular use, which use has been discontinued for a period of 180 days or more, or a for an event which has occurred.

AGRICULTURAL SIGN. A in use advertising the sale of seasonal produce, crops, livestock and animal products and horticulture products.

AWNINGS. Cloth, vinyl, plastic or other similar type material permanently attached to a rigid frame on the face of a , typically over a door or entryway. This is not intended to include as defined and regulated in this chapter.

BANNER. A or outside advertising display having the characters, letter, illustrations, ornamentation, symbol, color or visual representation applied to cloth, paper, vinyl, fabric, plastic or like kind of malleable material, with or without frame. The term BANNER include flags, pennants, ribbons, spinners, streamers, kites, balloons and/or, or any other material or outside advertising display fastened in such a manner as to move upon being subjected to movement of the atmospheres or any mechanical device. Flags on residential use are exempt from regulation.

BILLBOARD. A panel for the display of advertisements in public areas, such as along highways or on the sides of .

CHANGEABLE COPY SIGN. A on which message copy is changed manually in the field or through electronic means. Time and temperature signs are not included in this definition.

CONSTRUCTION SIGN. A whose message is limited to identification of architects, engineers, contractors, and other individuals or firms involved with construction on a specific site, the name of the , the intended purpose of the and the expected completion date.

EXEMPT SIGN. Any that is specifically listed as exempt from this . The listed exempt signs are not regulated by the terms of this .

FLASHING SIGN. A that incorporates flashing, strobe, pulsating or blinking lights, or a with moving or rotating parts or parts which simulate movement, including signs or lights or signs reflecting or emitting a glaring light that could impair driver vision.

FREESTANDING SIGN. A which stands alone or on its own foundation free of support or attachment to a or other .

GOVERNMENTAL SIGN. Any erected by or on the order of a governmental or public official or entity in the performance of an essential public service, including, but not limited to, traffic control , name , warning and directions , public notice , or of a similar nature.

INCIDENTAL SIGN. A single face, non- illuminated professional or announcement attached wholly to a , window or door or posted on containing information relative to emergencies, store hours, credit cards honored and other similar accessory information. Including signs directing drivers such a "Drive Thru", "ATM", "Loading Dock", "Truck Entrance Only", and the like.

MARQUEE (AWNING). A permanent rooflike other than a roof attached to, supported by, and projecting from a , providing protection from the natural elements over the ground, , or walkway.

MONUMENT SIGN. Similar to a , typically with a substantial base made of natural material and with a lower height requirement.

NONCONFORMING SIGN. A legally erected and in existence prior to the date of adoption of this or an amendment, that does not meet the standards imposed by this chapter.

NO TRESPASSING/WARNING SIGNS. A which carries a message forbidding the unlawful entry upon the land or of another or a which carries a message warning of danger which could cause injury to a person entering upon the land or of another.

POLITICAL SIGN. A erected for the purpose of advertising a candidate or stating a position regarding an issue upon which the voters of the town may vote.

PORTABLE SIGN. A generally constructed to be easily movable without a permanent attachment to the ground and which may or may not be equipped with wheels. Such signs may be designed for changeable messages. Signs painted on or attached to operational vehicles and trailers with permanent signage are not included in this definition.

PROJECTING SIGN. A which projects from and is supported by a or other .

REAL ESTATE SIGN. A erected by the , or his or her agent, advertising upon which the is located for rent, for lease or for sale.

SEASONAL/HOLIDAY SIGN. A setting forth information concerning the observance of activities which occur once per .

SETBACK. The shortest horizontal distance between the edge of the pavement or traveled surface and the closest point of a or its supporting member.

SIGN. Any form of publicity or advertising which is designed to be visible from any public way, directing attention to an individual business, commodity, service, activity or product by means of words, lettering, numerals, trade names or trademarks, or other pictorial matter designed to convey such information. SIGNS include the .

SIGN STRUCTURE. A supporting erected or intended for the purpose of identification, with or without a thereon, situated upon or attached to the premises upon which any may be fastened, affixed, displayed or applied, provided however, said definition not include a or fence.

SUBDIVISION AND DEVELOPMENT SIGNS. Signs that are intended to identify larger scale developments such as major subdivisions, multi- family developments, office parks, and industrial parks.

TEMPORARY SIGN. Any , whether attached to a principle or freestanding, which is intended to be displayed for a limited time. This definition does not include . If a display area is permanent but the copy displayed is subject to periodic changes, that not be regarded as temporary.

WALL SIGN. A which is placed on and/or attached to and supported throughout its entire length by the facade or exterior side of a wall by means of adhesive, paint, manufacturing process, structural and/or mechanical attachment, which said is not more than 12 inches from the facade or exterior wall line and when its exposed face is parallel or approximately parallel to the plane of the or on which the is affixed. Such may not extend above the roofline.

(Ord. 2017-07, passed 11-10-2017; Am. Ord. 2022-17, passed 1-12-2023)

§ 154.253 SIGN PERMIT REQUIRED.

(A) Unless otherwise provided, all signs must obtain a This includes the erection, placement, alteration, construction, moving, conversion, or enlargement of any within the town's jurisdiction.

(B) All requests are reviewed by the Zoning Administer of his/her designee. Applications for a be accompanied by plans or drawings that depict the location and dimensions of said (s). expire after 6 after issuance unless the applicant has completed construction of the permitted (s).

(C) Notwithstanding the above, changing or replacing the permanent copy of an existing and conforming not require a , provided the copy change does not change the nature of the such as to render the in violation of the Town .

(Ord. 2017-07, passed 11-10-2017)

§ 154.254 DETERMINATION OF SIGN COPY AREA AND SIGN HEIGHT.

(A) In measuring the copy area of a , the entire face of the be included. Where both sides of a double-faced contain lettering or other allowable display, one side only be used to compute the allowable copy area of the . Where the consists of individual letters, numbers, characters, figures, or displays attached in some manner to a or a face of irregular shape, the copy area include the area of the smallest circle, square, or rectangle that can encompass the total area composed of letters, numbers, characters, figures, or displays or the irregular shaped face. Where signs have appendages or additions, such as "pop-ups" or "cutouts" that extend beyond the main copy area, the area of such appendages or additions be measured separately, but included in the total copy area. Also to be included in the total copy area be any area designed for changeable copy as defined in § 154.261. Spherical, cylindrical or other three-dimensional signs not having conventional faces be computed from the smallest three- dimensional geometrical shape or shapes which best approximate the actual surface area of the .

(B) The maximum height of a be measured from the highest point of natural grade under the to the highest point of the . The grade not be altered in such a way as to increase the height.

(Ord. 2017-07, passed 11-10-2017)

§ 154.255 SIGN ILLUMINATION.

All illumination be provided by a continuous light source that is installed only with the intent to illuminate said .

(A) Signs illuminated by an external source be directed to the only with minimal spillover onto a or adjacent .

(B) Whether illuminated internally or externally, the not produce glare or reflection that interferes with traffic safety.

(Ord. 2017-07, passed 11-10-2017)

§ 154.256 CONSTRUCTION STANDARDS.

All signs be constructed according to requirements of Chapter 31 of the North Carolina State Building Code, as amended.

(Ord. 2017-07, passed 11-10-2017)

§ 154.257 COMMON SIGNAGE PLAN FOR MULTI-UNIT DEVELOPMENTS OR DEVELOPMENTS WITH MORE THAN ONE PRINCIPAL BUILDING.

(A) A Common Signage Plan be prepared for developments with multiple and/or multiple units. The signs must be uniform in design and features. All types and colors of signs, as long as they produce a unifying theme and meet all dimensional requirements in § 154.258, will be considered except for those expressly prohibited by the Town .

(B) A site layout plan be part of the application for each existing and proposed signs. The plan contain all types, location, scheme, and provisions for shared usage of .

(Ord. 2017-07, passed 11-10-2017)

§ 154.258 SIGNS PERMITTED IN THE MR-GB, MR-NC, MR-LI, AND MR-MU ZONING DISTRICTS.

(A) .

(1) The maximum height of a be 20 feet.

(2) The maximum area of a be 80 square feet.

(3) The maximum area of a requiring a common signage be 125 square feet.

(4) The maximum number of be 1 per frontage.

(5) All be located behind the right-of-way or 10 feet from the curb or edge of a where right-of-way does not exist or cannot be determined.

(6) No be placed so as to interfere with automobiles entering or exiting the roadway.

(7) that adjoin a residential use adhere to a 15-foot .

(B) .

(1) The minimum width of a front for a be 20 feet.

(2) The maximum height of a be 8 feet.

(3) The maximum area of a be 16 square feet.

(4) The maximum projection from a wall be four (4) feet.

(5) The maximum number of be one (1) per frontage.

(6) No extend above the highest point of a roofline or parapet.

(7) No be permitted on the same facade along which there is a .

(1) The maximum height be 16 inches.

(2) The maximum width be 40 inches.

(3) Signs hung below a or conform in size and appearance to existing signs under the same or .

(4) clearance be 8 feet from or other walkway.

(D) .

(1) Wall signage not exceed 10% of the total surface area of the wall to which the (s) is located up to a maximum of 150 square feet. The 150 square foot maximum can be waived as part of a Common Signage Plan if no (s) on a wall or unit exceeds the 10% surface area wall requirement.

(2) No project more than 18 inches from the wall.

(3) No intended for the facade of a cover any window or part of a window.

(4) Signs that are displayed on or through windows are .

(5) No extend above the highest point of a roofline or parapet.

(E) .

(1) Only set back more than 30 feet from the right-of-way and having 100 feet or more of frontage may use a .

(2) All be located behind the right of way or 10 feet to any adjacent lot line. A 15-foot be required of the side lot line abuts a residential use.

(3) Changeable copy is not permitted for a that is subject to this subchapter.

(4) The maximum number of be 1 per frontage.

(5) Computation of height and area be 50% of allowable height and area of a .

(Ord. 2017-07, passed 11-10-2017; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2022-17, passed 1-12-2023)

§ 154.259 SIGNS FOR NON-RESIDENTIAL USES PERMITTED IN THE MR-30 ZONING DISTRICT.

Signs for permitted uses in the MR-30 zoning district not exceed 50% of the requirements found in § 154.258.

(Ord. 2017-07, passed 11-10-2017)

§ 154.260 CHANGEABLE COPY SIGNS.

(A) Manual . Manual changeable signs must comply with the following standards:

(1) In no case a manual comprise more than 40% of the copy area, up to a maximum of 32 square feet.

(2) The copy area (background) must be one uniform color.

(3) The letters and numbers may be colored red or black.

(B) Electronic . Electronic which are subject to this subchapter shall not be permitted in Mills River. Electronic permitted before March 13, 2020 must comply with the following standards:

(1) be located on only.

(2) In no case an electronic comprise more than 40% of the copy area, up to a maximum of 32 square feet.

(3) Messages remain in a fixed position for at least 8 seconds.

(4) Messages not contain flashing, scrolling, blinking or similar type movements. In addition, messages not contain any animation.

(5) Message transition must be instantaneous.

(6) Electronic have a black background screen. All lighted characters, letters, and numbers only be green or red in color.

(Ord. 2017-07, passed 11-10-2017; Am. Ord. 2020-06, passed 3-13-2020; Am. Ord. 2022-17, passed 1-12-2023)

§ 154.261 SIGNS EXEMPT FROM OBTAINING A SIGN PERMIT.

The following signs are exempt from the provisions of this subchapter and shall not require a permit.

(A) Signs required by law, statute, or ordinance.

(B) in furtherance of an essential governmental service. are subject to the ordinance dimensional standards of §§ 154.258 and 154.260.

(1) Signs erected by or pursuant to the authorization of governmental agencies including but not limited to DOT (Department of Transportation), Americans with Disabilities Act signage and warning or hazard signage. unique to the Town of Mills River are required to abide by the ordinance which would include for example signage or water treatment facility signage.

(D) . (less than 4 square feet) may be placed up to 60 days prior to an election and must be removed within 72 hours of the close of voting. This includes polling place identification signage. Candidates should obtain permission before placing signs on their .

(E) Address numbers.

(F) Window signs. Signs placed or attached to the interior side of a window or door glass of a .

(G) memorial .

(H) (soliciting, hunting, fishing, parking, etc.).

(I) Signs associated with a or religious .

(J) . Signs that are designed to advertise seasonal agricultural products and are limited to 32 square feet of copy area.

(K) . Signs that are used by businesses to advertise daily specials, sales, etc. These signs must be placed on within the development (not on in public right-of- way).

(L) .

On Premise
	Maximum Number	Maximum Square Feet	Maximum Height	Maximum Time
/For Lease (Residential)	2	12	6	Until sold/leased
/For Lease (Commercial)	2	32	10	Until sold/leased
Grand Opening	1	20	10	30 days
Going Out of Business	1	20	10	30 days
	1	32	10	Project duration
Remodeling/Repair	1	12	10	Project duration
Special Event	1	32	10	30 days prior to event
Info/Advertisement (/Flags, etc.)	2	12	10	30 days
Off Premise
/For Lease	2	6	6	Until sold/leased
Directional (for events)	2	6	6	Event duration
Special Event	2	20	6	30 days prior to event

(Ord. 2017-07, passed 11-10-2017; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2022-17, passed 1-12-2023)

§ 154.262 EXTENDED USE TEMPORARY SIGNS.

Signs that are listed in § 154.261(L) that are larger than the maximum dimensions/time may be permitted with an extended use . The not exceed 32 square feet of copy area with a height not to exceed 10 feet. Extended use can be issued for up to 1 and can be applied for annually.

(Ord. 2017-07, passed 11-10-2017)

§ 154.263 SIGNS PROHIBITED.

(A) (outdoor advertising).

(B) Flashing, strobing, pulsating, blinking.

(D) Snipe. Signs attached to utility poles, fences, lights, hydrants, trees, etc. on public or right-of-way.

(E) Signs obstructing motorist visibility.

(F) Signs in aright-of-way.

(G) Signs above roofline.

(H) Obscene signs.

(I) Permanent off-premise.

(I) Balloons and other inflatables.

(K) Signs erected or placed without a or not in compliance with regulations.

(Ord. 2017-07, passed 11-10-2017; Am. Ord. 2021-06, passed 4-22-2021)

§ 154.264 SUBDIVISION AND DEVELOPMENT SIGNS.

(A) Residential subdivisions and developments.

(1) One (per § 154.258) is allowed for each road or driveway into the development.

(2) The may identify a single-family residential subdivision or multi-family residential complex.

(3) The must be located on a parcel that is associated with the approved or .

(B) Industrial and office parks.

(1) One (per § 154.258) is allowed for each road or driveway into the development.

(2) The may identify the name of the subdivision and/or the of the subdivision.

(3) The must be located on a parcel that is associated with the approved or .

(4) Said signs are allowed in addition to the signage allowed for each individual in the .

(Ord. 2017-07, passed 11-10-2017)

§ 154.265 NON-CONFORMING SIGNS.

(A) Signs that were erected and were in place prior to the adoption of this but which do not conform to the provisions of this chapter are declared non-conforming signs. Signs that were erected and that are in place and which conformed to the provisions of this at the time erected, but which do not conform to an amendment of this enacted subsequent to the erection of said signs are also declared non-conforming signs. Any erected after the passage of this chapter must meet all criteria within this chapter.

(B) A non-conforming may be continued but not be:

(1) Changed or replaced with another non-conforming , except that copy may be changed.

(2) Expanded or modified in any way which increases the sign's non-conformity or adds illumination.

(3) Moved except to bring the into conformity.

(4) Re-established once the has been removed.

(5) Re-established after the has been damaged as defined in § 154.268.

(6) Re-established after it has been discontinued regardless of reason or intent for 180 days or more.

(Ord. 2017-07, passed 11-10-2017)

§ 154.266 SIGN MAINTENANCE.

All parts of a , including the copy area, supports, braces, poles, wires, and other appurtenances of signs or be kept in good repair and maintained in safe condition. Any deemed to be in a state of disrepair by this section be considered in violation of this chapter.

(A) A be in a state of disrepair when more than 20% of its total surface area is covered with disfigured, cracked, ripped, or peeling paint or poster paper or any combination of these conditions.

(B) No be allowed to stand with bent or broken facing, broken supports, loose appendages or struts which cause the to stand more than 15 degrees from the perpendicular.

(C) No or be allowed to have weeds, vines, or other vegetation growing on it and obscuring it from the or highway from which it is intended to be viewed.

(D) No illuminated sign be allowed to stand with only partial illumination operational. All illuminated signs must comply with § 154.255.

(E) Unlawful cutting of trees or shrubs. No person may, for the purpose of increasing or enhancing the visibility of any , damage, trim, destroy or remove any trees, shrubs or other vegetation located within a public right-of-way of any road or highway except as required by the North Carolina Department of Transportation. The Administrator may use discretion in determining alternative forms of compliance for landscaping in situations where visibility is affected.

(Ord. 2017-07, passed 11-10-2017)

§ 154.267 DANGEROUS OR UNSAFE SIGNS.

Pursuant to G. S. 160A-193, the have the authority to summarily remove, abate, or remedy a which is dangerous or prejudicial to the public health or safety. The expense of the action be paid by the , or if the cannot be determined, the land , and if not paid, be a lien upon the land or premises where the nuisance arose, and be collected as unpaid taxes.

(Ord. 2017-07, passed 11-10-2017)

§ 154.268 ENFORCEMENT.

(A) If the or his/her designee find any of the provisions of the Ordinance are in violation, he/she notify the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it or take any other action authorized by § 154.999 of the Town .

(B) In addition to actions authorized by § 154.999 of the Town , civil penalties for ordinance violations be set by the Mills River Town Council and double after 15 days from the date the individual is notified. Each day's violation after the initial 15-day period be treated as a separate offense.