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Mount Olive City Zoning Code

ARTICLE X

- SIGNS1


Footnotes:
--- (1) ---

Editor's note— Ord. of 6-1-2009, repealed Art. X., §§ 59-322—59-324, and enacted a new Art. X, §§ 59-322—59-324 as set out herein. The former Art. X, §§ 59-322—59-324 pertained to compliance, general sign regulations and permitted signs. See the Code Comparative Table for complete derivation.


Sec. 59-322.- Compliance.

No type of exterior sign may be erected, posted, reposted, placed, replaced, hung, painted, or repainted in any district except in compliance with this chapter. Penalty, see section 59-2.

(Ord. of 6-1-2009, § 1)

Sec. 59-323. - Definitions.

Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this article.

Building sign means a sign that is attached to a building wall or structure.

Combined development means two or more establishments or businesses occupying a common building or adjoining buildings, which are designed and developed in a coordinated manner and which share parking, driveways and other common facilities.

Freestanding sign means a sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of a building or other structure whose principal function is something other than the support of a sign. A sign that stands without supporting elements, such as "sandwich sign," is also a freestanding sign.

Temporary sign means a sign that (i) is used in connection with a circumstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or (ii) is intended to remain on the location where it is erected or placed for a period of not more than 15 days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

Monument sign means a freestanding sign that is mounted generally flush with the surrounding grade. Such sign may not be attached to a pole or pylon, nor raised by mounting on a manmade berm, wall or similar structure. Support elements may not exceed 24 inches in height and are included in the measurement of the sign's height.

(Ord. of 6-1-2009, § 1)

Sec. 59-324. - Purpose, applicability and sign plan requirements.

(a)

Purpose. The purpose of this article is to:

(1)

Encourage the effective use of signs as a means of communication in the town, while preserving the rights of free speech under the First Amendment to the United States Constitution;

(2)

Maintain and enhance the aesthetic environment and the town's ability to attract sources of economic development and growth;

(3)

Improve pedestrian and traffic safety;

(4)

Minimize the possible adverse effect of signs on nearby public and private property; and

(5)

Enable the fair and consistent enforcement of this article.

(b)

Applicability. A sign may be constructed, erected, placed, established, painted, created or maintained in the town's planning jurisdiction only in conformance with the standards, procedures, exemptions and other requirements of this article. The effect of this article, as more specifically set forth in this article, is to:

(1)

Establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other zones, subject to the standards and the permit procedures of this article;

(2)

Allow certain signs that are small, unobtrusive and incidental to the principal use of the respective lots on which the signs are located, subject to the substantive requirements of this article, but without a requirement for permits;

(3)

Prohibit all signs not expressly permitted by this article; and

(4)

Provide for the enforcement of the provisions of this article.

(c)

Signage plan requirements.

(1)

For any property on which the owner proposes to erect one or more signs requiring a permit, the owner shall submit to the zoning administrator an application and signage plan containing the information in this subsection. For a combined development or other multitenant development, a master signage plan shall be required.

a.

An accurate plot plan of the lot or parcel, at a scale that the zoning administrator may reasonably require.

b.

Location of buildings, parking lots, driveways and landscaped areas on such lot or parcel.

c.

Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the lot or parcel included in the plan under this chapter.

d.

An accurate indication on the plot plan of the proposed location of each present and future sign of any type, whether requiring a permit or not. Incidental signs need not be shown.

Permanent signs for planned unit developments shall be reviewed as part of the site plan.

(2)

The zoning administrator shall review the application in accordance with the criteria established in this article. The zoning administrator shall solicit review comments in accordance with general review procedures.

(3)

Within seven days following a completed sign application and fee submittal the zoning administrator shall notify the applicant verbally or in writing of an application approval, denial or request for additional information.

(Ord. of 6-1-2009, § 1)

Sec. 59-325. - Off-premises signs prohibited.

(a)

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

Off-premises sign means a sign, whether freestanding or painted on or attached to a building, which directs attention to a business, product, accommodation, service, event or other activity which is conducted, sold, offered, or provided at a location other than the premises where the sign is located. Such signs are also known as billboard or off-premises signs. On-premises business identification signs, temporary political signs, directional signs 20 square feet or less in size, official signs, or highway and historic markers shall not be considered off-premises signs.

(b)

Prohibited. Off-premises signs are prohibited within any district of the town or its extraterritorial jurisdiction.

(Ord. of 1-7-2008(2), § 12(155.138))

Sec. 59-326. - Signs excluded from regulation.

The following signs are exempt from regulation under this chapter:

(1)

Signs not exceeding four square feet in area that are customarily associated with residential use and that are not of a commercial nature, such as:

a.

Signs giving property identification names or numbers or names of occupants,

b.

Signs on mailboxes or paper tubes, and

c.

Signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.

(2)

Signs erected by or on behalf of or pursuant to the authorization of a governmental body, including legal notices, identification and informational signs, and traffic, directional or regulatory signs.

(3)

Official signs of a noncommercial nature erected by public utilities.

(4)

Flags, pennants or insignia of any governmental or nonprofit organization when not displayed in connection with a commercial promotion or as an advertising device.

(5)

Integral decorative or architectural features of buildings or works of art, so long as such features or works do not contain letters, trademarks, moving parts, or lights.

(6)

Signs directing and guiding traffic on private property that do not exceed four square feet each and that bear no advertising matter.

(7)

Church bulletin boards, church identification signs, and church directional signs that do not exceed one per abutting street and 32 square feet in area. Church day care or church educational sign not exceeding 32 square feet and not placed nearer than 15 feet from the property line. Such sign shall be monument style and be allowed up to a maximum height of six feet. One type sign is allowed per parcel in addition to the above allowed church or public bulletin boards.

(8)

Signs painted on or otherwise permanently attached to currently licensed motor vehicles that are not primarily used as signs.

(9)

Political signs. Such signs shall not be illuminated, shall not be located within a public street right-of-way or within a required sight triangle, shall not be attached to trees or utility poles, and shall be no taller than four feet. Political signs may be displayed during a period beginning 45 days prior to an election and concluding 48 hours after the election. In the event of a runoff election, political signs for candidates involved may remain on display until 48 hours after the runoff election. All portable and roof mounted signs for political advertisement are prohibited. All signs that violate the provisions of this subsection and/or political signs that remain more than 48 hours after the election shall be removed for disposal by the town. The maximum size of such signs is six square feet.

(10)

Yard, garage and moving sale signs, etc. Such signs may be placed on the premises or off the premises, provided such signs are not located in a sight triangle or street right-of-way, nor placed on any tree, street sign or utility pole. Such signs may not be illuminated and may remain in place for 72 hours in any 90-day period. The maximum size of such signs is four square feet.

(Ord. of 6-1-2009, § 1)

Sec. 59-327. - Certain temporary signs; permit exemptions and additional regulations.

(a)

The following temporary signs are permitted without a zoning or sign permit. However, such signs shall conform to the requirements set forth below as well as contained in sections 59-324 through 59-333.

(1)

Signs containing the message that the real estate on which the sign is located (including buildings) is for sale, lease, or rent, together with information identifying the owner or agent. Such freestanding signs may not exceed 50 square feet in area and shall be removed immediately after sale, lease, or rental. For lots of less than five acres, a single sign on each street frontage may be erected. For lots of five acres or more in area and having a street frontage of more than 600 feet, a second freestanding sign not exceeding 50 square feet in area may be erected. Building signs under this section shall not exceed 25 square feet and may be displayed on each side of a building facing a public right-of-way. Window signs under this section shall adhere to subsection (3) below and be removed immediately after sale, lease or rental.

(2)

Commercial and residential construction site signage. Commercial construction site identification signs may identify the project, the owner or developer, architect, engineer, contractor and subcontractors, funding sources, and may contain related information. Not more than one such sign may be erected per site, and it may not exceed 32 square feet in area. Such signs shall not be erected prior to the issuance of a building permit and shall be removed within ten days after the issuance of the final occupancy permit. Residential construction site identification signs may identify the contractor, subcontractors, architect, etc., and may contain related information. Not more than one such sign per entity may be placed on the site and not placed in the public right-of-way or within a vehicular site triangle. Such signs may be temporary and shall not be attached to a utility pole. In addition, these signs shall not exceed four square feet per entity and shall be removed within ten days after the issuance of the final occupancy permit or final building inspections are completed.

(3)

Signs attached temporarily to the interior of a building window or glass door. Such signs, individually or collectively, may not cover more than 25 percent of the surface area of the transparent portion of the window or door to which they are attached.

(4)

Displays, including lighting, erected in connection with the observance of holidays. Such signs shall be removed within ten days following the holidays.

(5)

Signs erected in connection with elections or political campaigns. Such signs shall be removed within three days following the election or conclusion of the campaign. No such sign may exceed 16 square feet in surface area.

(6)

Signs, indicating that a special event such as a fair, carnival, circus, festival or similar happening is to take place on the lot where the sign is located. Such signs may be erected not sooner than two weeks before the event and must be removed not later than three days after the event.

(7)

Temporary signs not covered in the foregoing categories, so long as such signs meet the following restrictions:

a.

Not more than one such sign may be located on any lot.

b.

No such sign may exceed four square feet in surface area.

c.

Such sign may not be displayed for longer than ten consecutive days nor more than 30 days out of any 365-day period.

(b)

Other temporary signs not listed in subsection (a) shall be regarded and treated in all respects as permanent signs, except that (as provided in section 59-327(b)) temporary signs shall not be included in calculating the total amount of permitted sign area.

(Ord. of 6-1-2009, § 1)

Sec. 59-328. - Determining the number of signs.

(a)

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

(b)

Without limiting the generality of subsection (a), a multisided sign shall be regarded as one sign.

(Ord. of 6-1-2009, § 1)

Sec. 59-329. - Computation of sign area.

(a)

The surface area of a sign shall be computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem or other display, together with material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself.

(b)

If the sign consists of more than one section or module, all of the area, including that between sections or modules, shall be included in the computation of the sign area.

(c)

With respect to three dimensional or multisided signs, the surface area shall be computed by including the total of all sides designed to either attract attention or communicate information.

(d)

The sign surface area of any sign located on the wall of a structure shall be computed by multiplying the total surface area of the structure wall (determined in accordance with the other provisions of this section) by .10.

(e)

Unless otherwise provided in this article, the maximum sign surface area permitted on any lot in any residential district is four square feet.

(Ord. of 6-1-2009, § 1)

Sec. 59-330. - Building signs.

This section shall govern regulations for signs permanently installed on a site and which are required to obtain a sign permit in accordance with section 59-324.

(1)

Subject to the other provisions of this section, the maximum building sign area permitted on a lot in an office and institutional, commercial or industrial district shall not exceed ten percent of the total surface area of the building wall on which the sign is located.

a.

The sign surface area of any sign located on the wall of a structure where the closest element of the sign is 100 feet or more from the street centerline shall not exceed 15 percent of the total surface area of the building wall on which the sign is located, except when a sign is to be located on only one wall of a building having two or more adjoining walls eligible for signage, the total surface area shall not exceed 25 percent of the total surface area of the building wall on which the sign is to be located.

(2)

No building sign may extend above any parapet or be placed upon any roof surface, except for purposes, of this section, roof surfaces constructed at an angle of 75 degrees or more from horizontal shall be regarded as building wall. This subsection shall not apply to displays, including lighting, erected in connection with the observation of holidays on the roofs of structures.

(3)

No building sign or supporting structure may be located in or over the traveled portion of any public right-of-way unless the sign is attached to a structural element of a building and an encroachment permit has been obtained from the city (and from the state, if necessary).

(Ord. of 6-1-2009, § 1)

Sec. 59-331. - Freestanding signs.

(a)

The commissioners recognizes that because there may be some unusual character of the surrounding area and/or topography of lands bordering a proposed freestanding sign on a parcel of land, it is not prudent to establish inflexible application of subsections (e), (f) and (h) that follow concerning height and area requirements for such signs. Therefore, as provided in this section, the zoning administrator may permit deviations from the presumptive requirements of this section and may allow deviations that allow a higher or larger sign, whenever it finds such deviations are more likely to satisfy the standard set forth in this section.

(b)

Without limiting the generality of subsection (a), the zoning administrator may modify the presumptive sign requirements for residential, commercial and industrial related businesses or developments if:

(1)

There exists a significant difference in grade separation between the property on which the sign is to be located and the adjacent street or highway;

(2)

There is significant screening of property on which the sign is to be located caused by its close proximity to an existing freestanding sign or structure so as to render the proposed sign ineffective;

(3)

There are any particular unusual features unique to the parcel of land on which the sign is to be located itself;

(4)

There are any existing features unique to adjoining properties which adversely affect a parcel of land on which the sign is to be located.

(c)

Whenever the zoning administrator allows a deviation from the presumptive requirements set forth in this section, it shall enter on the face of the permit the requirements that must be met and the reasons for allowing the deviation.

(d)

The provisions of this section shall apply to freestanding signs in the office and institutional, commercial and industrial districts, except for off-premises signs/outdoor advertising displays and hi-rise interstate signs. For purposes of this section, a side of a freestanding sign is any plane or flat surface included in the calculation of the sign surface area as provided in section 59-329. For example, building signs typically have one side. Freestanding signs typically have two sides (back to back) although four-sided and other multisided signs are also common.

(e)

Except as authorized by this subsection, a single side of a freestanding sign may not exceed one square foot in surface area for every linear foot of street frontage along the street toward which such sign is primarily oriented except that in no case may a single side of a freestanding sign exceed 80 square feet in surface area in the C-2, I-1, I-2 and A district, 64 square feet in surface area in the O&I, C-3, C-4 districts and 40 square feet in surface area in the C-1 district. Freestanding signs in the C-1 district shall be of monument type only.

Note: See sections 59-335 and 59-336 for the hi-rise interstate sign requirements.

(1)

The square footage of a single side of an existing or proposed primary freestanding principle sign may be increased by; 50 percent of the existing or proposed primary freestanding principle sign provided the existing or proposed primary freestanding principle sign incorporates a message board (LED or letter) and that this existing or proposed primary freestanding principle sign has a minimum square footage of 32 square feet. The incorporation of the message board is intended to encourage effective communication to the public of important consumer information in an organized central manner. This additional signage shall not be allowed on a lot in conjunction with nonconforming signs i.e. portable signs, "A" frame signs, banners, etc. LED message board signs shall not be a primary freestanding principle sign and LED message board signs shall:

a.

The changeable message shall remain in a fixed position for at least eight seconds and if a message is changed electronically, it must be accomplished within an interval of two seconds or less.

b.

Electronic changeable message signs may not operate at brightness levels of more than 0.20 foot candles above ambient light levels as measured at the following distances:

SIGN SQ. FEET DISTANCE
<40' or equal to 100'

 

c.

The owner of said LED billboard sign shall arrange for an annual certification of the lumens showing compliance by an independent contractor and provide said certification to the Town of Mount Olive.

d.

Each sign must have a light sensing device that will adjust the brightness of the display as the natural ambient light conditions change.

e.

Electronic changeable message signs shall meet the same installation and permitting requirements and inspections as set out for electrical signs and all other signs.

f.

The owner of said LED billboard sign shall provide to the Town of Mount Olive contact information for a person who is available to be contacted at any time and who is able to turn off the electronic sign promptly after a malfunction/misuse occurs. If, at any time more than 95 percent of the LED display lights malfunction or are no longer working, the owner of said LED billboard shall make repairs to the sign within 60 days or the sign will require removal. In addition, the sign shall contain a default design that will freeze the sign in one position if such malfunction/misuse occurs.

g.

If the Town of Mount Olive finds that the LED billboard sign causes a glare or otherwise impairs the vision of the driver of a motor vehicle, the owner of the sign, within 24 hours of a request by the Town of Mount Olive, shall reduce the intensity of the sign to a level acceptable to the town.

h.

Each sign must comply with all North Carolina Department of Transportation rules and regulations applicable to electronic changeable message signs where not in conflict with this ordinance.

(f)

With respect to freestanding signs that have no discernable 'side', such as spheres or other shapes not composed of flat planes, no such freestanding sign may exceed one square foot in total surface area for every linear foot of street frontage along the street toward which such sign is primarily oriented. However, in no such case may such sign exceed 150 square feet in surface area.

(g)

Freestanding signs shall observe a minimum setback requirement of two feet from all street right-of-way and lot boundary lines. Notwithstanding this provision, however, no sign may be located in such a manner as to create potentially a hazard to motorists or pedestrians by interfering with visibility at driveways or intersections.

(h)

No part of a freestanding sign may exceed a height, measured from the adjacent ground level or mean centerline street grade, greater than 35 feet in the C-2, C-3, C-4, O&I, I-1, I-2 and a districts, and eight feet in the C-1 district.

(i)

Except as authorized by this subsection, no development may have more than one freestanding sign.

(1)

If a development is located on a corner lot that has at least 200 feet of frontage on each of the two intersecting public streets, a second sign may be permitted. The second sign, if permitted, shall not exceed 50 percent of the surface area permitted for a primary sign in its respective district with an overall height not to exceed 20 feet. The secondary sign must be located a minimum of 75 feet from the primary sign and not to exceed 20 feet in height. In the C-1 district the secondary sign shall be of a monument style.

(j)

Base landscaping in parking and vehicular use areas. All ground-mounted signs located within parking or vehicular use areas, and not in yard areas, shall stand in a bed of landscaping at least 30 square feet in area. Such area shall contain low growing materials, such as ground covers, perennials and shrubs.

(k)

Base landscaping in yard areas. Ground-mounted signs in yard areas shall be surrounded by low growing materials, such as juniper.

(l)

Distance requirements from existing ground signs. No proposed ground-mounted sign shall be placed within 50 feet of an existing ground-mounted sign if such signs are located on separate parcels.

(m)

For a combined development, the development itself is allowed one development identification or tenant identification freestanding sign for each boundary with street frontage and a maximum of two signs allowed per development. For each freestanding sign there shall be allowed an additional ten square feet per tenant to the maximum sign area for the district such sign is located in, up to a maximum of 80 square feet over the maximum sign area for the district.

(Ord. of 6-1-2009, § 1; Ord. of 11-5-2012(2), § 1)

Sec. 59-332. - Canopy/awning signs.

(a)

Canopy/awning signs. The maximum permitted sign area, location, characteristics and number of canopy/awning signs shall be determined in accordance as outlined in the following additional regulations:

(1)

Valance and copy size. The valance or apron for any canopy shall in no case exceed 12 inches in height. Individual letters or symbols on the valances shall not exceed nine inches in height. This provision shall apply only to valances to which sign copy is affixed.

(2)

Illumination. Canopy/awning signs may be illuminated.

(3)

Historic buildings. No canopy/awning sign shall be permitted on a historic building unless documentation indicates that such a sign was used on the building when the building was originally constructed and occupied. The design and coloration of such signs shall be compatible with the character of the building.

(4)

Clearance requirements. All canopy/awning signs attached to the underside of a canopy/awning shall maintain the minimum clearance above the ground level of any sidewalk or vehicular access area as specified in the most recent edition of the state building code.

(5)

Combined developments. All establishments within combined developments shall use canopy/awning or wall signs as individual identification signs, exclusively. No mixing of sign types within a combined development shall be permitted, except that canopies/awnings containing no advertising copy may be used in combination with wall mounted signs.

(6)

Canopy signs. Such signs are considered building signs and are permitted under section 59-330. In addition, canopy signs may be placed on each canopy face in which there is a public access door that is unlocked and public accessible during business hours.

(Ord. of 6-1-2009, § 1)

Sec. 59-333. - Subdivision and multifamily development entrance signs.

(a)

Residential subdivision and multifamily entrance signs.

(1)

At any entrance to a subdivision or multifamily development, there may be not more than two signs identifying such subdivision or development. A single side of any such sign may not exceed 32 square feet, nor may the total surface area of all such signs located at a single entrance exceed 64 square feet. Such signs shall be landscaped at the sign base with low growing evergreen plants and perennials.

(b)

Commercial and/or industrial subdivision entrance pylon signs.

(1)

Entrance pylon signs to include tenant identification to a commercial or industrial subdivision may have a maximum single face size of 50 square feet for subdivisions up to five acres in size. The sign surface area may be increased ten additional square feet in area for each additional acre or fraction thereof over five acres. One sign may be installed at each main entrance. Subdivisions greater than 25 acres in size may have one additional sign placed within the subdivision.

(2)

Sign standard shall be setback two feet from all street right-of-way lines and property lines and shall not exceed an overall height of 20 feet.

(Ord. of 6-1-2009, § 1)

Sec. 59-334. - Miscellaneous restrictions.

(a)

Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into a public right-of-way or residential premises.

(b)

Subject to subsection (d), illuminated tubing or strings of lights that outline property lines, sales area, roof lines, doors, windows, or similar areas are prohibited.

(c)

Subject to subsection (d), no sign may contain or be illuminated by flashing or intermittent lights or lights of changing degrees of intensity, except signs indicating the time, date or weather conditions.

(d)

Subsections (c) and (d) do not apply to temporary signs erected in connection with observance of holidays.

(e)

No sign may be located so that it substantially interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets to or private roads.

(f)

No sign may be erected so that by its location, color, size, shape, or nature of message it would tend to obstruct the view of or be confused with official traffic signs or other signs erected by governmental agencies.

(g)

Freestanding signs and hi-rise interstate signs shall be securely fastened to the ground or to some other substantial supportive structure so that there is virtually no danger that either the sign or the supportive structure may be moved by wind or other forces of nature and cause injury to persons or property.

(h)

The following signs are also prohibited within the town:

(1)

Facsimile signs.

(2)

Signs placed within any required sight triangle.

(3)

Signs attached to, or painted on, utility poles, telephone poles, trees, parking meters, bridges and overpasses, rocks, other signs, benches and refuse containers, except that the latter two may contain a logotype.

(4)

Roof signs.

(5)

Pavement markings for purposes other than traffic control.

(6)

Signs placed within or extending into the right-of-way of town- and state-maintained streets and roads, except signs erected by a duly constituted governmental body.

(7)

Signs that contain language and/or pictures obscene to the general public in accordance with G.S. 14-190.1.

(8)

Signs that advertise an activity or business no longer conducted on the property on which the sign is located.

(9)

Signs that obstruct fire escapes, windows, doors or other openings used as a means of egress or as required legal ventilation.

(10)

Signs containing or consisting of pennants, ribbons, streamers, festoon lighting, balloons or inflatable signs, or spinners.

(11)

Signs that do not conform to the provisions of this article.

(12)

V-shaped signs.

(13)

Off-premises real estate signs.

(i)

Owner occupied business signage in a combined development. When the combined development has a unit occupied by the development's owner, such signage may be permitted to increase wall sign square footage by 25 percent.

(j)

Sandwich board signs in the C-1 district may be up to eight square feet.

(k)

The supporting structure (base and frame) material shall be constructed with materials architecturally consistent with the principle structure's facade. This restriction shall not apply to signs constructed per section 59-336, high-rise interstate sign zone.

(Ord. of 6-1-2009, § 1)

Sec. 59-335. - Establishing the hi-rise interstate sign zone.

The hi-rise interstate sign zone includes all commercially and industrial zoned parcels of land in the town's planning area fronting US Route 117 and State Route 55 and 117A north of State Route 55.

(Ord. of 6-1-2009, § 1)

Sec. 59-336. - Hi-rise interstate signs.

(a)

The commissioners recognizes that because of the unusual character and topography of lands bordering the hi-rise interstate sign zone, and the inherent nature of hi-rise interstate signs, it is not prudent to establish inflexible application of subsections (d) and (g) below concerning height and area requirements for such signs. Therefore, as provided in this section, the zoning administrator may permit deviations from the presumptive requirements of this section and may allow deviations that allow a higher or larger sign, whenever it finds such deviations are more likely to satisfy the standard set forth in this section.

(b)

Without limiting the generality of subsection (a), the zoning administrator may modify the presumptive sign requirements for interstate related businesses or developments if:

(1)

There exists a significant difference in grade separation between the property on which the sign is to be located and the adjacent interstate highway;

(2)

There is significant screening of property on which the sign is to be located caused by its close proximity to an interchange overpass;

(3)

There are any particular unusual features unique to the parcel of land on which the sign is to be located itself.

(4)

There are any existing features unique to adjoining properties which adversely affect a parcel of land on which the sign is to be located.

(c)

Whenever the zoning administrator allows a deviation from the presumptive requirements set forth in this section, it shall enter on the face of the permit the requirements that must be met and the reasons for allowing the deviation.

(d)

A single side of a hi-rise interstate sign may not exceed 200 square feet in surface area. However, in no case may the total surface area of three-dimensional and multisided signs exceed 300 square feet in surface area.

(e)

A hi-rise interstate sign may be located within 1,000 feet of US Route (Hwy. 117) exit ramp's outer intersection with a state road (US, NC or SR) or within 400 feet of any other interstate right-of-way line. This type and dimension sign shall be permitted for businesses or developments determined to be interstate related only, as determined by the land use administrator.

(f)

Hi-rise interstate signs shall observe a setback requirement of 20 feet from all street right-of-way or lot boundary lines.

(g)

The maximum height of a hi-rise interstate sign shall not exceed 100 feet measured from the average finished grade at the sign or the mean centerline street grade to the top of the sign. The minimum height to the bottom of the sign shall be 45 feet above grade.

(h)

No hi-rise interstate sign (except those exempt from regulation or from permit requirements under section 59-326 or 59-327) may be located in any district other than a hi-rise interstate zone.

(i)

No hi-rise interstate sign may be located closer than 100 feet to any residential use or district within the same block and on the same side of the street.

(j)

Hi-rise interstate signs shall be supported solely by a steel monopole.

(k)

Except as authorized by this subsection, no business or development may have more than one hi-rise interstate sign.

(1)

If a development is located on a corner lot that has at least 200 feet of frontage on each of the two intersecting public streets, then the development may have not more than one freestanding sign along each side of the development bordered by such streets.

(2)

If a development is located on a lot that is bordered by two public streets that do not intersect at the lot's boundaries (double front lot), then the development may have not more than one freestanding sign on each side of the development bordered by such streets.

(3)

If a development is located on a lot having a single public street frontage of at least 200 feet, a second sign may be permitted. The second sign, if permitted, shall not exceed 50 percent of the surface area permitted for a primary sign in its respective district with an overall height not to exceed 20 feet. The secondary sign must be located a minimum of 75 feet from the primary sign.

(l)

The square footage of a single side of a primary sign may be increased by 32 square feet, provided the primary principle sign incorporates a message board and does not change messages more than one per five seconds and does not have flashing animation.

(Ord. of 6-1-2009, § 1)

Sec. 59-337. - Alteration of sign faces.

(a)

Repairs and maintenance. A legal nonconforming sign may be maintained and repaired even though such repair will not bring the sign into compliance with this chapter. Nonconforming signs which have been damaged, destroyed, demolished or removed either by accident or natural causes may be reconstructed and used as before only if the cost of such reconstruction does not exceed 60 percent of the cost of erecting a new sign of the same type at the same location and the permit required for such reconstruction is applied for within one year of the date of the damage. Evidence of the cost of such reconstruction and the cost of erection of a new sign shall be submitted to the zoning administrator at the time of application for the required permit but such evidence shall not be conclusive of the code enforcement official's decision in issuing or not issuing the required permit.

(b)

Change of sign face. The sign face or copy on a nonconforming sign may be changed to reflect a change in a company/individual logo, company/individual signage, or company/individual marketing policy only if the following criteria below are met:

(1)

The sign may not be reconstructed or relocated.

(2)

There shall no increase in the size of the sign.

(3)

The new sign face reflects the name of the existing business at such location. Replacement of the sign face of a nonconforming sign reflecting a new business name at such location shall not be permitted.

(c)

Permit required. The change of sign face or repairs on a legal nonconforming sign requires a sign permit and payment of the requisite fee.

(Ord. of 6-1-2009, § 1)