It is the general intent of this article to prohibit permanent signs of commercial or non-commercial nature in districts in which commerce is barred; to limit permanent signs in the commercial districts in relation to the intensity of the use of the district and its surroundings; and to control the number, area and location of permanent signs in other districts and to insure that all permanent signs and supports are properly secured and located upon buildings, under canopies or roof overhangs or on properties so as to minimize potential danger to the health, safety and welfare of the citizens of the city and its planning area. These regulations are designed, among other purposes, to stabilize and protect property values, maintain the visual attractiveness of the city and its environs and promote public safety.

(Code 1972, § 26-8.1; Ord. No. 91.53, 10-16-1991; Ord. No. 2012-2, § 2, 1-17-2012)

All signs visible from the public rights-of-way shall be erected, maintained and operated in accordance with this chapter and other relevant controls, unless specifically excepted. Signs not subject to the provisions of this chapter are listed in section 102-343.

(Code 1972, § 26-8.2; Ord. No. 91.53, 10-16-1991)

The following signs are not subject to the control of this chapter:

(1)

Nonilluminated signs not exceeding two square feet in area, not of a commercial nature and bearing only property identification numbers and names, post office box numbers and name(s) of occupant(s) of the premises.

(2)

Insignia of any government and historic markers erected by a governmental body.

(3)

Legal notices, identification and informational signs and traffic directional signs erected by or on behalf of a governmental body or a nonprofit authority, all of the members of whose governing board are appointed by one or more governmental bodies.

(4)

Integral decorative or architectural features of buildings, except moving parts or moving lights.

(5)

Signs directing and guiding traffic on private property, but which bear no advertising matter, and not exceeding four square feet in size.

(6)

Free standing bulletin signs incidental to churches provided they do not exceed 12 square feet in area and have a maximum height of six feet. The area of such bulletin signs shall be calculated as part of the total area of free standing signage per abutting street frontage.

(7)

Signs placed upon publicly funded modes of mass transportation shall be exempt from these regulations.

(Code 1972, § 26-8.3; Ord. No. 91.53, 10-16-1991; Ord. No. 96.41, § 1, 7-10-1996; Ord. No. 2000.1, § 1, 1-4-2000)

The following practices in relation to signs are prohibited, notwithstanding any other provisions in this chapter, in order to preserve the safety of pedestrian and vehicular movement:

(1)

No sign shall be erected so that any part of it intrudes into the sight preservation triangle established by section 102-237.

(2)

No sign shall use such words as "stop," "slow," "caution," "danger," or similar admonitions which may be confused with traffic directional signs erected by governmental agencies.

(3)

No sign shall be erected so as to, by its location, color, nature or message, permit it to be confused with or obstruct the view of traffic signals or signs or would tend to be confused with the warning lights of an emergency or public safety vehicle.

(4)

No sign shall contain pulsating, rotating, oscillating or flashing lights, except those showing time and temperature information.

(Code 1972, § 26-8.4; Ord. No. 91.53, 10-16-1991)

(a)

Except where specifically exempted by this chapter, all signs shall be located outside of public rights-of-way.

(b)

Signs shall be attached to structures intended specifically for their support such as buildings, poles, fences, canopies and similar structures, but shall not be attached to any utility pole, tree, or rock.

(c)

In the B-3 central business district, signs which overhang the public right-of-way may be permitted, provided that the owner of such sign(s) execute a release of liability and indemnification document in favor of the city. Except as authorized in writing by the city manager or by the council, signs shall not be placed upon municipally owned property.

(Code 1972, § 26-8.5; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.15, § 1, 6-4-2002; Ord. No. 2002.31, 8-21-2002)

No source of illumination for a sign shall be placed or constructed so as to allow the undiffused light rays therefrom being cast directly upon any public right-of-way, any residential district or upon adjacent premises.

(Code 1972, § 26-8.6; Ord. No. 91.53, 10-16-1991)

Before any sign, except those specifically exempted from such a requirement, shall be erected or structurally altered, a zoning clearance permit shall be obtained. (See sections 102-54 and 102-55.)

(Code 1972, § 26-8.7; Ord. No. 91.53, 10-16-1991)

(a)

Signs not requiring permit. The following temporary, unlighted signs may be erected in the manner prescribed without the issuance of a zoning clearance permit:

(1)

Real estate signs. A single sign on each street frontage may be erected, provided that such sign shall not be placed in any street right-of-way and shall not exceed 32 square feet in area. The sign may contain the message that the property is for sale, lease or rent and the name, address and phone number of the owner or the agent. The sign shall be removed immediately upon sale, or lease of the property.

(2)

Construction signs. A single construction site identification sign shall be permitted. It shall not exceed 64 square feet in area, shall be located at least ten feet from the front property line and may contain in its message identification of the project, its owner and/or developer, architect, engineer, land planner, landscape architect, contractor and subcontractors. The sign shall only be displayed for the duration of the project.

(3)

Political signs. Nonilluminated political signs relating to a specific election, not exceeding 32 square feet in area, are permitted and shall be removed within two weeks subsequent to any election to which they pertain.

(4)

Temporary signs, balloons, aerial signs or banners may be erected for a period not to exceed seven days for the purpose of announcing commercial and non-commercial openings, closings, management changes, special events and sales. There shall be no limit to the number or location where such signs may be placed including street rights-of-way provided such signs do not create a hazard to public safety.

(b)

Signs requiring permit. The following temporary signs require a zoning clearance permit:

(1)

Temporary signs for the sale of produce, Christmas trees, crafts, seafood or similar items sold on a seasonal or temporary basis shall not exceed 32 square feet in area or six feet in height. Only one such sign per temporary business shall be erected and shall be safely affixed the ground or a permanent structure on the lot. A copy of the peddler's license for the temporary business shall be included in the permit application and the permit shall be kept at the business site. Such signs shall be removed within seven days of the termination of sale activities. Such signs shall not be placed in any street right-of-way.

(2)

Two temporary off-premises signs directing construction traffic during the construction period of a new business. Such signs may not exceed six square feet in area or three feet in height, shall be limited to one sign per zoning lot with the written permission of the property owner, may not be located in any residential or office district, may be located in required yards and must be removed upon issuance of a certificate of occupancy.

(3)

Trailer signs, A-frame signs or signs on vehicles or electrified signs shall not be permitted to be used as temporary signs.

(Code 1972, § 26-8.8; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.15, § 2, 6-4-2002; Ord. No. 2011-25, § 1, 10-18-2011; Ord. No. 2012-2, §§ 2, 3, 1-17-2012)

(a)

The planning director, within one year of the effective date of this chapter, shall make, or cause to be made, an inventory of all signs. This inventory, which shall include all land within the city and its extraterritorial planning jurisdiction, shall contain the location and description of the sign and the name and address of the owner(s) of the lot on which each sign is located, as they appear in the current tax roll. Additionally, for each sign, the planning director or his designee shall note the reasons for the determination that each sign is conforming or nonconforming to the requirements of this article and article IV of this chapter. Upon completion of the inventory, the planning director shall notify, by first class mail, the owner(s) of the lot upon which each nonconforming sign is so classified. Such notice shall also include a copy of this article, along with the name and official address of the planning director. Within five years of the date of the mailing of such notice, each nonconforming on-premises sign in the commercial and industrial districts made nonconforming by the adoption of this chapter and all off-premises signs made nonconforming because of noncompliance with section 102-344 shall either be altered in such a way as to comply with the provisions of this chapter or be removed. Portable signs as defined by this chapter shall be removed within six months of the date of mailing of such notice. Existing nonconforming off-premises signs which were lawfully erected prior to adoption of this chapter are exempt from this chapter.

(b)

All signs which are nonconforming because of noncompliance with section 102-344 shall be altered to comply with section 102-344 or removed within one year of the notice of nonconformity. All other nonconforming signs shall be altered to comply with this chapter if they are replaced or upon a change in occupancy of the premises. (See article VIII of this chapter.)

(c)

Nonconforming on-site signs and sign information shall be removed at the discontinuance of a business use. Property owners are responsible for the removal of nonconforming signs. The owner of any existing or proposed sign which overhangs or will overhang a street right-of-way or sidewalk in the B-3 zone shall execute a liability and indemnification release document in the favor of the city.

(Code 1972, § 26-8.9; Ord. No. 91.53, 10-16-1991)

The following regulations shall apply to off-premises signs:

(1)

The maximum permitted area shall be 300 square feet for each side of a sign.

(2)

The maximum sign height shall be 35 feet or 35 feet above the elevation of the pavement of the street adjacent to the sign location, whichever is higher.

(3)

Roof-mounted signs are prohibited.

(4)

Signs shall be limited to one per zoning lot. Back to back or V-shaped signs shall be permitted, provided the interior angle between signs does not exceed 15 degrees.

(5)

The minimum horizontal separation for off-premises signs shall be 750 feet between signs on the same side of the right-of-way and 375 feet on opposite sides of the right-of-way.

(6)

Signs may be internally or externally illuminated subject to section 102-346.

(7)

The off-premises sign shall be a minimum of 500 feet from the use, product or service to which it refers. All distances shall be measured along the center line of the street adjacent to the sign.

(8)

Church and civic organization signs which do not exceed 4.5 square feet in area are exempt from this section.

(9)

Off-premises signs shall be located only on a non-residential zoning lot with frontage on a collector or arterial street.

(10)

Off-premises signs visible from the following streets are not permitted along the affected portions of the listed streets, as shown on figure 7-1:

NC Highway 16

Mount Olive Church Road

Burris Road

E NC 10 Highway

S NC 16 Business Highway

S NC 16 Highway

(Code 1972, § 26-8.10; Ord. No. 91.53, 10-16-1991; Ord. No. 2008.28, § 2, 10-7-2008)

Portable signs are prohibited from location or use within the city and its extraterritorial planning jurisdiction.

(Code 1972, § 26-8.11; Ord. No. 91.53, 10-16-1991)

The planning director or his designee may issue a zoning clearance permit for a single off-premises directional sign for any publicly operated facility which cannot be seen from a collector or arterial street. The sign shall not exceed eight square feet in area and shall comply with section 102-237.

(Code 1972, § 26-8.12; Ord. No. 91.53, 10-16-1991)

The city may remove and dispose of any sign in violation of this chapter at any time without notice.

(Code 1972, § 26-8.13; Ord. No. 2002.15, § 3, 6-4-2002)

Name markers for subdivisions may be located within the street right-of-way or within the normal front yard setback at the beginning of a subdivision road upon issuance of a zoning clearance permit; provided the location of such marker is outside the intersection sight triangle (see section 102-237) and the normal maintenance limits. Issuance of a zoning clearance permit shall be subject to the following conditions:

(1)

All costs will be the responsibility of the applicant.

(2)

Neither the city nor the state division of highways shall maintain the marker or the area around the marker.

(3)

The markers shall be removed if not properly maintained, or if required for street improvement purposes.

(4)

A maximum of one marker shall be permitted for each subdivision entry point from a publicly dedicated and maintained street. A marker on both sides of a subdivision road entry point shall, for the purposes of this subsection, constitute a single marker.

(5)

If the sign is to be located within the right-of-way of any state system road, approval of the state division of highways shall be required.

(6)

The developer shall assume tort liability for such markers.

(7)

The size restrictions of Table 7-1 in section 102-356 shall apply.

(8)

The developer shall agree in writing to these conditions.

(Code 1972, § 26-8.14; Ord. No. 91.53, 10-16-1991)

All advertising structures, signs, and any wiring, lighting supports, braces, guys, anchors, poles and frames shall be kept in good repair at all times. The code enforcement officer shall order immediate repair or removal of all elements of signage which violate this chapter.

(Code 1972, § 26-8.15; Ord. No. 91.53, 10-16-1991)

The schedule of permitted area and number of signs is as follows:

TABLE 7-1. SCHEDULE OF PERMITTED AREA AND NUMBER OF SIGNS

Notes:

1.

One sign which is to be attached to a building meeting these requirements is permitted for each side of the building fronting on a public street, except that freestanding signs are limited to one per lot. The maximum area of the free-standing sign shall not exceed the applicable linear footage for the largest amount of building frontage.

2.

Where two or more establishments are located on the same zoning lot and free-standing signs are to be used, the individual signs identifying the premises and its occupants shall be combined in one sign of unified design. The maximum area of the free-standing sign shall not exceed the applicable linear frontage or the largest amount of building frontage.

3.

There is no limit to the total number of signs permitted, regardless of their placement upon the building, subject to the maximum total area limits. Free-standing signs are limited to no more than one per abutting street. The maximum area of the free-standing sign shall be per notes 1 and 2.

4.

Signs incidental to churches and civic organizations located in residential districts shall be permitted subject to the following limitations: Maximum area: 0.2 square feet per linear footage of lot frontage on public streets, not to exceed 100 square feet. For church and civic organizations which occupy lots with less than 80 feet of street frontage, a sign of not more than 16 square feet in area is permitted. Maximum number: One free standing sign per abutting public street. Maximum height: Six feet above adjacent grade. Illumination: Internal only.

(Code 1972, ch. 26, fig. 8-1; Ord. No. 91.53, 10-16-1991; Ord. No. 92.1, § 1, 1-22-1992; Ord. No. 2000.1, § 2, 1-4-2000)