The purpose and intent of this Section is to recognize that signs serve a legitimate public service and that they complement and support trade, tourism and investment within Nash County. These regulations are intended to establish standards which maximize the effectiveness of permitted signs while limiting visual distraction to motorists and preserving the land values and natural attractiveness of the area.

All signs except those specifically listed in Section 11-1.3 shall be erected, installed, or modified only in accordance with a duly-issued and valid sign permit issued by the Zoning Administrator. Sign permits shall be issued in accordance with the requirements and procedures of Article IV, Permits and Procedures, and the submission requirements of Appendix 3. If plans submitted for a zoning, special use, or conditional use permit include sign plans in sufficient detail that the permit issuing authority can determine whether the proposed sign(s) comply with the provisions of this Section, then issuance of the requested zoning, special use, or conditional use permit shall constitute approval of the proposed sign(s).

11-1.1.

Definitions. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this Section should have the meaning indicated when used throughout Section 11-1.

(A)

Sign. Any words, lettering, numerals, parts of letters or numerals, figures, phrases, sentences, emblems, devices, designs, or tradenames or trademarks by which anything is known (including any surface, fabric or other material or structure designed to carry such devices such as are used to designate or attract attention to an individual, firm, an association, a corporation, a profession, a business, or a commodity or product) which are exposed to public view and used to attract attention.

(B)

Advertising Signs (Billboards). A sign which publicizes and directs attention to a business, profession, commodity, activity, product, service or entertainment not conducted, sold or offered upon the premises where such sign is located. Three classifications of advertising signs are established and include:

(1)

Type I—located so as to be visible primarily from Federal Aid Primary Roads.

(2)

Type II—located so as to be visible from North Carolina Primary Roads.

(3)

Type III—located so as to be visible from North Carolina Secondary Roads.

(C)

Animated Sign. Any sign which flashes, revolves, rotates or swings by mechanical means, or which uses a change of lighting to depict action, or to create a special effect or scene.

(D)

Banner. A temporary sign of light weight fabric or similar material which is rigidly mounted to a pole or a building by a rigid frame at two or more edges. National, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

(E)

Building Marker. A sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface, or made of bronze or other permanent material.

(F)

Canopy Sign. Any sign which is a part of or attached to an awning, canopy or other fabric-like or plastic protective structure which is extended over a door, window, or entranceway. A marquee is not a canopy.

(G)

Commercial Message. Any sign wording, logo, or other representation that directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. This definition does not include company nameplates or logos on instructional signs.

(H)

Construction Sign. A sign on a construction site during the period of construction on which is printed or written the name of the owner, developer, contractor, architect, planner, engineer, or development title. Parcels that do not abut a public or private road can have one construction sign placed at the easement to the parcel as long as it is placed outside any right-of-way.

(I)

Electronically Controlled Message Sign. A sign on which the copy changes automatically on a lampbank, such that the message or display does not run continuously in the travel mode, and any message or display remains stationary for a minimum of one second on roads where the speed limit is fifty-five miles per hour or greater, or two seconds on roads where the speed limit is less than fifty-five miles per hour. Any sign on which the message or display runs continuously in the travel mode and/or on which any message or display does not remain stationary for a minimum of one second on roads where the speed limit is fifty-five miles per hour or greater, or two seconds on roads where the speed limit is less than fifty-five miles per hour, shall be considered a flashing sign.

(J)

Flashing Sign. A type of animated sign which contains an intermittent, blinking, scintillating, or flashing light source, or which includes the illusion of intermittent or flashing light, or an externally mounted intermittent light source. An electronic changeable copy sign is not a flashing sign.

(K)

Freestanding Sign. Any sign which is supported by structures or supports which are placed on, or anchored in the ground, and which structures or supports are independent from any building or other structure.

(L)

Governmental Sign. Any sign erected by or on behalf of a governmental body to post a legal notice, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic.

(M)

Identification Sign. A permanent sign announcing the name of a subdivision, residence, group housing project, church, school, park or quasi-public structure or facility, and uses permitted in A-1 and residential zoning districts.

(N)

Incidental Sign. A sign which provides only information for the convenience and necessity of the public. Company logos may be displayed on such signs but must not occupy more than 25% of the sign area. Incidental signs include directories, entrance, exit and other necessary directional signs.

(O)

Menu Sign. A permanent on-premises sign located at businesses which provide drive-up or drive-through services such as fast food restaurants, banks, laundries, etc. Menu signs shall be located so as not to create vehicle stacking problems which will interfere with the flow of traffic.

(P)

Nonconforming Sign. Any sign which does not conform to size, height, location, design, construction, or other requirements of this Ordinance. The nonconformity may result from adoption of this Ordinance or any subsequent amendment.

(Q)

On-Premises Sign. A sign which publicizes and directs attention to a profession, commodity, activity, product, service or entertainment conducted, sold or offered upon the premises where such sign is located. On-premises signs include pole and ground mounted signs. Also included are high rise pole mounted signs where permitted.

UNIFIED DEVELOPMENT ON-PREMISE SIGN:

A freestanding sign that advertises the use of structures that are part of an approved unified development project with separate out parcels recorded on a single plat shall be considered the on premise sign and limited to one per road frontage. Out parcels within the development that abut a public right of way are also entitled to one on premise sign per parcel with the following dimension requirements:

Maximum height of 12 feet; maximum of 250 square feet; and a 5-foot setback from the road right of way and property line. Minimum separation from utility lines shall be in compliance with the requirements of the utility having jurisdiction.

(R)

Portable Sign. A sign not permanently attached to any surface.

(S)

Professional or Occupational Sign or Name Plate. A sign which publicizes and directs attention to a rural family occupation or to a profession.

(T)

Projecting Sign. Any sign which is end mounted or otherwise attached to an exterior wall of a building which forms an angle with said wall.

(U)

Real Estate Sign. A sign which advertises the sale, rent, or lease of property and located on the parcel that is for sale, rent or lease. In situations where a parcel is located on a recorded access easement, a real estate sign may be placed at theintersection of the access easement and the public road. The sign shall not be placed within the right of way of any easement, private or public road.

(U-1)

Real Estate Directional Sign. A sign which indicates the direction to or from a property for sale, lease or rent which is not located on said property for sale, lease or rent.

(V)

Sign Area. The area of a sign shall be measured in conformance with the following:

(1)

The area of the face of a sign shall be calculated to include the outermost part which forms the shape or display. Necessary supports and trim moldings shall not be included when calculating the area of the sign. Aprons below Type I advertising signs shall not exceed 3' in height. Type II and Type III advertising signs aprons shall not exceed 2 feet in height. Aprons serve an aesthetic function and shall not be used for any purposes other than to identify, by name, the sign company responsible for the sign.

(2)

In computing the area of a sign, standard mathematical formulas for common regular geometric shapes (triangle, parallelogram, circle and ellipse, or combinations thereof) shall be used.

(3)

In the case of an irregularly shaped sign or a sign with letters and/or symbols affixed to or painted, displayed or incorporated into or upon a wall, canopy, awning or decorative facade of a building, the area of the sign shall be the area within the singular continuous perimeter, outlining the limits of the writing, representation, emblem, or any figure of similar character.

(4)

Back-to-back and V-type signs mounted so as to be connected and not spread more than 15 feet will be considered as one sign location when calculating horizontal separation between signs. Type I, II, and III advertising signs (billboards) shall not be stacked, horizontally or vertically.

(W)

Sign Height. The vertical distance measured from the ground elevation where the sign is located, to the highest point of the sign except as follows: When the ground elevation is different from the elevation of an adjacent road, the height of a sign shall be measured from the road elevation of the adjacent road at the edge of the pavement.

(X)

Temporary Signs. Temporary signs are those signs which relate to such events as elections, farm auctions, yard sales, agricultural production sales, annual charitable, civic or fraternal events, bona fide grand openings and home show openings.

(Y)

Wall Sign. A sign which is attached to a wall or facade of a building or canopy.

(Z)

Warning Sign. Any sign with no commercial message that displays information pertinent to the safety or legal responsibilities of the public such as signs warning of "high voltage," "no trespassing," and similar directives.

11-1.2.

Sign Standards.

(A)

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. Such documentation shall be signed and sealed by a registered North Carolina Architect or Engineer.

(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.

(D)

All lights used for the illumination of a sign shall be shielded so that the light will not shine directly on surrounding areas 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 zone. 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 a.m.

(F)

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 90 days, shall be justification to declare the sign abandoned and require its removal.

(G)

Any sign erected without proper permits or in violation of this Ordinance shall be brought into compliance within 30 days of notification by the Zoning Administrator or said sign shall be removed immediately. Should the Zoning Administrator be unable to contact and/or identify the owner of off-site advertising signs in violation of this ordinance, he may remove the sign as long as no mechanical equipment is required for its removal. Any real estate directional signs situated in the right of way or site triangle of any public or private road shall be removed by the Zoning Administrator without any notice to the real estate agency or sign owner.

11-1.3.

Exempt Signs. The following listed signs are subject to all placement and dimensional requirements of this Section and shall comply with the North Carolina Department of Transportation sight distance and road rights-of-way 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 which are found to be in violation shall be ordered corrected or removed.

(A)

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

(B)

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

(C)

Signs erected to regulate traffic.

(D)

Mailboxes, house numbers, nameplates, and building markers not exceeding 4 square feet in area.

(E)

Religious symbols or freestanding message board sign at a place of worship or at a church-owned or operated facility. Such symbols and message boards must meet all setbacks and lighting requirements for signs. Only one message board per facility is allowed regardless of the number of structures or parcels that may be assembled as part of the church or place of worship.

(F)

Construction signs having a maximum area of 32 square feet and a maximum height of 6 feet and limited to one sign per construction site per road frontage. Exempt construction signs must be removed within 15 days following the completion of the project.

(G)

Real estate signs having a maximum area of 12 square feet in residential areas and 32 square feet in other areas and a maximum height of 6 feet. Real estate signs are limited to one per site, per road frontage, or one per 300' 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 12 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.

(H)

Temporary signs shall not be placed more than 50 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 6 feet maximum height.

(I)

Advertising signs erected at ball fields or stadiums either owned by or under the supervision of the Nash-Rocky Mount Board of Education or other recognized academic school, provided:

1.

Individual advertising signs may be no larger than four feet x eight feet per sign face and only have one sign face.

2.

If lighted, illumination shall only occur during programmed activities.

3.

Signs may not exceed seven feet in height except those signs mounted on a scoreboard or announcing booth.

(J)

Real estate directional signs.

11-1.4.

Prohibited Signs. The following signs shall not be permitted, erected or maintained within the Nash County planning and zoning jurisdiction.

(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, during the appropriate holiday period.

(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 11-1.1(X) and in compliance with 11-1.3(H) are permitted.

(E)

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

(F)

Signs which extend vertically above the highest portion of the roof of any structure.

11-1.5.

Sign Placement, Size, Height, Setback, Separation, Clearances and Construction By Sign Type.

(A)

Type I - Advertising Signs, Billboards. Type I advertising signs and billboards are located so as to be visible primarily from federal aid primary roads (I-95, US 64, US 264, US 301).

(1)

Maximum height: 35 feet. (In the event that unique conditions exist on a site which render the 35-foot maximum height requirement impracticable, the Board of Adjustment may, upon proper finding of facts, grant a height variance not to exceed a maximum height of 50 feet.)

(2)

Minimum separation from another billboard: 750 feet measured along the same side of the road and 300 feet radius along an intersecting or adjacent road.

(3)

Signs located within nonresidential zoning districts must comply with the separation standards as contained herein.

(4)

Maximum sign size:

(a)

672 square feet in area.

(b)

14 feet in height, 48 feet in width.

(c)

Top outs and side outs are permitted in addition to the above sign area dimensions. Top outs and side outs shall be confined to the immediate plane of the sign and may extend above and/or to the side of the sign face a maximum of two feet. Top outs and side outs shall not exceed a total of 32 square feet in area.

(5)

Minimum setback from the road right-of-way: 5 feet.

(6)

Minimum separation from other structures and side or rear property lines: 15 feet.

(7)

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

(8)

All structures, blank surfaces, backs and supports shall be uniformly painted in a neutral finish when exposed to any road and shall be maintained in good repair.

(9)

Minimum requirements contained within the North Carolina Outdoor Advertising Control Act (North Carolina General Statute 136-126 et seq.) which are more stringent or in addition to those contained in this Section shall apply.

(B)

Type II Advertising Signs, Billboards. Type II advertising signs and billboards are located so as to be primarily visible from North Carolina primary roads (NC 4, NC 33, NC 43, NC 48, NC 56, NC 58, NC 97, NC 98, NC 231, NC 561, NC 581).

(1)

Maximum height: 30 feet.

(2)

Minimum separation from another billboard: 750 feet measured along the same side of the road and 500 foot radius from another billboard on the opposite side of the same road and 300 feet radius along an intersecting or adjacent road.

(3)

Signs located within A-1 zoning districts shall maintain a minimum separation of 150 feet from any residence as measured along the road beginning at a point projected perpendicular from the near side of an existing residence to the road right-of-way and 150 feet from any residentially zoned district boundary. Signs located within all other nonresidential zoning districts must comply with the separation standards as contained herein.

(4)

Maximum size:

(a)

300 square feet in area.

(b)

12 feet in height, 25 feet in width.

(c)

Top outs and side outs are permitted in addition to the above sign dimensions. Top outs and side outs shall be confined to the immediate plane of the sign and may extend above and/or to the side of the sign face a maximum of 1 foot. Top outs and side outs shall not exceed a total of 16 square feet in area.

(5)

Minimum setback from road right-of-way: 10 feet.

(6)

Minimum separation from other structures and side or rear property lines: 15 feet.

(7)

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

(8)

Signs greater than 72 square feet in area and/or 15 feet in height shall be of steel or wood construction.

(9)

Signs 72 square feet or less in area and 15 feet or less in height may be constructed utilizing no more than two support poles of wood or metal.

(10)

All structures, blank surfaces, backs and supports shall be uniformly painted in a neutral finish when exposed to any road and shall be maintained in good repair.

(C)

Type III Advertising and Billboards. Type III advertising signs and billboards are located so as to be primarily visible from North Carolina secondary roads.

(1)

Maximum height: 15 feet.

(2)

Minimum separation from another billboard: 750 feet measured along the same side of the road and 300 feet radius along the opposite side of the same road or an intersecting or adjacent road.

(3)

Signs located within A-1 zoning districts shall maintain a minimum separation of 150 feet from any residence as measured along the road beginning at a point projected perpendicular from the near side of an existing residence to the road right-of-way and 150 feet from any residential zoning district boundary. Signs located within all other nonresidential zoning districts must comply with the separation standards as contained herein.

(4)

Maximum size: 72 square feet in area.

(5)

Minimum setback from road right-of-way: 10 feet.

(6)

Minimum separation from other structures and side or rear property lines: 15 feet.

(7)

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

(8)

Signs 72 square feet or less in area and 15 feet or less in height may be constructed utilizing no more than two support poles of wood or metal.

(9)

Any structures, blank surfaces, backs and supports shall be uniformly painted in a neutral finish when exposed to any road and shall be maintained in good repair.

(D)

On-Premises Signs (freestanding pole, high rise or ground mounted on-premises signs).

(1)

Maximum height: 35 feet, except that businesses or industries in commercial and industrial zones and located within 3000 feet of the end of the controlled access from a federal highway may erect a sign up to 125 feet in height, known as a high rise sign. Standard Board of Adjustment rules of procedure shall be followed when considering height variances not covered by the above exception. Each case shall be considered on its own merits. If a business is granted a high rise sign under this exception and the placement of that sign is behind the rear building line of the business, the Board of Adjustment may grant an additional free standing sign which meets the standards set forth below.

(2)

Maximum Sign Size: 400 square feet of sign area per adjoining public road frontage. Maximum sign size is a cumulative total and shall not exceed 400 square feet in area when multiple displays are used on a single support. High rise signs may have a sign area equal to 5 sq. ft. in sign area for every one foot in height.

(3)

Maximum number of freestanding or ground mounted on-premises signs per parcel: 1 sign per adjoining public road frontage. In addition, a maximum of one high rise sign is allowed as described in [sub]section (1).

(4)

Minimum separation from rights-of-way, property lines and structures: 5 feet. High rise signs must be 300 feet from any other high rise sign and no closer than 100 feet from any freestanding sign greater than 10 feet in height.

(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.

(E)

Wall Signs (including canopy, awning and building facade signs).

(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 other than that building side (no transfers or cumulative totals).

(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.

(F)

Professional or Occupational Name Plates and Incidental Signs.

(1)

Maximum sign area: 6 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.

(G)

Identification Signs.

(1)

Maximum sign area: 32 square feet.

(2)

Maximum height: 6 feet.

(3)

Minimum setback: 10 feet from all property lines.

(4)

Maximum number of signs per adjoining road frontage: 1.

(H)

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.

_____

11-1.6.

Permitted Signs. Table 11-1-6, Table of Permitted Signs delineates the types of signs permitted within the various zoning districts in Nash County (see Section 9-1 for a complete description of the individual zoning districts).

Notes:

X = Indicates permitted.

Blank = Indicates not permitted.

*Advertising signs in this category shall also comply with the permit procedures contained in the current edition of the North Carolina Department of Transportation outdoor advertising manual.

_____

11-1.7.

Nonconforming Signs. It is the intent of this Ordinance to permit signs which were lawful before the effective date of this Ordinance to remain in service. Specific provisions regarding nonconforming signs are delineated in Section 6-7.