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Spring Lake City Zoning Code

ARTICLE XI

- SIGN REGULATIONS

Sec. 42-288. - Purpose.

The purpose of these regulations is to minimize any detrimental effects of signs on adjacent land uses and to ensure that permitted signs do not become a public nuisance or hazard. All signs erected, altered, relocated or maintained shall be in accordance with the provisions of this article.

(Code 1978, § 12.106; Code 1995, § 156.110; Ord. of 1-10-1972; Ord. No. 2011-1, § 156.110, 2-14-2011)

Sec. 42-289. - Definitions.

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

Attached sign means a sign connected to or painted on a wall and including signs connected to or otherwise displayed on or through a facade window. The following are not attached signs: wall identification signs and commemorative plaques not more than two square feet in area, memorial cornerstones or tablets providing information on building erection or commemorating a person or event, or unit identification signs.

Billboard (off-premises sign) means a sign which directs attention to a business, commodity, service, entertainment or other message not conducted, sold or offered on the premises where such sign is located.

Business sign means a sign that directs attention to a business, industry, profession, commodity, service or entertainment sold, produced or offered upon the premises where such sign is located or to which it is attached.

Flashing sign means any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this article, any moving, illuminated sign shall be considered a "flashing sign;" such signs shall not be deemed to include time and temperature signs, mechanical/digital signs or public message displays using electronic switching, provided the message remains displayed for a minimum of eight seconds.

Freestanding sign means any sign supported wholly or in part by some structure other than the building or buildings housing the business to which the sign pertains. For purposes of this article, this definition shall not include the term "billboard" which is defined above.

Governmental sign means 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.

Ground sign means a freestanding sign suspended or supported by one or more uprights or braces anchored in the ground with no more than 30 inches clearance from the bottom of the sign to the ground below.

Identification sign, directory [sign], means a sign used to display only the name, address, crest or trademark of the business, individual, family, organization, or enterprise occupying the premises, the profession of the occupant, the name of the building on which the sign is displayed, or the name of the owners or developers. A [The term] "directory sign" is an identification sign with information on multiple occupants.

Informational sign means any on-premises sign containing no other commercial message, copy, announcement or decoration other than instruction or direction to the public. Such signs include, but are not limited to, the following: identifying rest rooms, public telephones, automated teller machines, for lease, for sale, self-service, walkways, entrances and exits, freight entrances, traffic direction and prices.

Mechanical/digital sign. Any sign with changeable copy and message changes in increments of at least eight seconds shall be considered as a "sign" under this article.

Nonprofit, noncommercial entity as used in section 42-291 means any partnership, association, corporation or other group whose activities are conducted for civic or humanitarian motives, for the benefit of others and not for the gain of any private individual or group, and may include but shall not be limited to patriotic, education, civic, cultural, historical, recreational or religious activities.

Obscene matter means any item with a context of a sexual nature depicting, describing or related to anatomical areas and sexual activities.

Pole sign means any freestanding sign that is mounted on a hanging from or on a pole or other support structure and is not attached to a building.

Portable sign means any sign not permanently attached to the ground or to a building or other structure and which, because of its relatively light weight, is meant to be moved from place to place. Such sign may or may not have changeable copy, may or may not be wired for lighting, and may or may not have wheels. "Sandwich boards" are considered as portable signs.

Public information sign means a sign usually erected on public property or right-of-way and maintained by a public agency that provides the public with information and in no way relates to a commercial activity including, but not limited to, speed limit signs, city limit signs, street name signs and directional signs.

Roof sign means a sign erected, constructed, or displayed wholly upon or over above the eaves of any building with the principal supports on the roof structure.

Sign.

(1)

[The term "sign"] means any words, lettering, parts of letters, figures, numerals, phrases, sentences, devices, designs, trade names or trademarks by which anything is made known, such as the designation of any individual, business, commodity, product, service or entertainment, which are visible and used to attract attention.

(2)

[The term] "sign" does not include official notices posted by any public officer in performance of a public duty or by any person in giving legal notice; nor does it include directional, warning, traffic or informational structures required by or authorized by law or by federal, state, other local government or town authority.

Sign area.

(1)

The area of a sign mounted on a board or within a frame or box shall be the area of the board, frame or box.

(2)

The area of a sign mounted directly on the wall of a building shall be the area within the outline of the actual shape of the sign.

(3)

For individual letters or logos mounted on the wall of a building, the sum of the areas of each letter, measured from the exterior edges of the letter, will be the sign area.

(4)

Sign area does not include support structures unless the coloration, lighting, etc., are designed to attract attention.

Sign height means the vertical distance measured from the mean curb level to the level of the highest point of the sign, unless defined differently within this article. In the case of a sign not adjoining a street or highway, the "height of a sign" is the vertical distance of the average elevation of the ground immediately adjoining the sign to the level of the highest point of the sign.

Wall sign. Any sign that is mounted directly on any exterior wall of a building or other structure.

(Code 1978, §§ 8.88, 12.107(a); Code 1995, § 156.111; Ord. of 1-10-1972; Ord. No. 2011-1, § 156.111, 2-14-2011; Ord. No. (2013)10, § 1, 8-12-2013)

Sec. 42-290. - Signs exempt from regulation.

The following signs are exempt from regulation under this article, except that any lighted sign shall require an electrical permit:

(1)

Governmental signs;

(2)

Lights and decorations with no commercial message temporarily displayed on traditionally accepted civic, patriotic or religious holidays;

(3)

Signs located on the interior of buildings, courts, lobbies, stadiums, or other structures which are not intended to be seen from the exterior of said buildings or structures;

(4)

Signs affixed to vehicles and trailers used in the normal transport of goods or persons where the sign is incidental and accessory to the primary use of the vehicle or trailer;

(5)

Signs affixed to windows of vehicles displaying information on the terms of sale for said vehicles;

(6)

Signs not legible from a public or private street;

(7)

Flags of the governmental jurisdictions of the United States of America or the State of North Carolina, local governmental jurisdictions, foreign nations having diplomatic relations with the United States, and any other flags adopted or sanctioned by the board of aldermen, subject to U.S. Congressional protocol; and

(8)

Public information signs.

(9)

Fence wraps displaying signage when affixed to perimeter fencing at a construction site per G.S. 160D-908.

(10)

Political signs during the time period under G.S. 163-227.2 shall be permitted without a permit in the right-of-way of the state highway system per G.S. 136-32.

(Code 1978, § 12.107(b); Code 1995, § 156.112; Ord. of 1-10-1972; Ord. No. 2011-1, § 156.112, 2-14-2011; Ord. No. (2021)1, 6-28-2021)

Sec. 42-291. - Signs permitted in any district.

The following types of signs are permitted in all zoning districts subject to any specific requirement or prohibition provided herein for any particular zoning district.

(1)

Temporary signs. For the purpose of advertising a specific property, individual or event, signs not exceeding eight square feet in area are permitted provided the temporary signs are set back a minimum of five feet from a property line, not located within any public right-of-way, do not constitute a hazard to public safety, do not contain obscene matter, and are removed within seven calendar days of cessation of the temporary occasion the sign is purporting to advertise. This provision shall not be constructed [construed] to authorize the posting of signs upon trees, utility poles, traffic control signs, lights or devices, or in any place or manner prohibited by any other provision of this Code.

(2)

Temporary signs advertising real estate developments. For the purpose of advertising real estate developments for which a plat has been officially recorded, one sign is permitted at each main entrance to the development named on the sign. Such sign shall not exceed 32 square feet in area.

(3)

Traffic control signs. Signs which only regulate traffic on private property are permitted.

(4)

Special information signs. For the purpose of giving directions and information, on-site signs concerning special uses where not otherwise permitted, and off-premises noncommercial advertising signs may be approved by the administrative officer specifying the size, location, lighting, design, and display. Such signs shall be limited to those which are necessary to inform the public as to location and information concerning facilities, institutions, business districts, fraternal orders and service clubs, or such other activity.

(5)

Special entrance signs. A permanent sign is permitted as an integral part of a gate or entrance structure which identifies a subdivision, group development or other special development approved under the provisions of this chapter or chapter 36, estate, farm, or other entity, provided there are not more than two signs for each main entrance, with a total sign area for each such entrance not to exceed 32 square feet. Under this provision, if such a special entrance sign is utilized, no other main entrance identification sign is permitted.

(6)

Nonprofit, noncommercial entity signs. One permanent sign may be permitted within the town street rights-of-way for nonprofit, noncommercial entities only as allowed herein. The entity proposing the sign shall propose the content and location of the sign to the board of aldermen for approval. The entity shall propose a desired location that will not constitute a hazard to public safety and is located a minimum of 20 feet from a street intersection, alley, off-street parking and loading areas including aisle ways and access driveways. Signs permitted under this subsection shall not exceed 12 square feet in area with a maximum height of four feet (including supports) and shall not provide for changeable copy of the contents of the sign. Sign content and location shall be submitted to the board of aldermen for approval and the entity seeking approval shall submit to the board of aldermen a copy of the proposed sign with proposed content and information as to proposed sign location.

Signs as approved hereunder may not contain any pictures, advertisements, commercial promotion or political opinion or endorsement. Signs shall only contain information relating to the entities name, address, location and directions to same.

The design, support for and structure of the sign may not be constructed in such a manner as to violate any of the other restrictions or conditions herein and sign design shall likewise be submitted to, and approved by, the administrative officer.

The location of the sign may not be placed in a location within 200 feet of another nonprofit, noncommercial sign that has been approved pursuant to this section. The location of the sign shall not be in such a location, either in relation to other signs or generally, so as to create unnecessary confusion, interference with other signs, safety hazards or aesthetic conflict or concern. In the event the location of such a sign is the cause for nonapproval or in the event of concern over the sign location, the proposing entity may request an alternate location either in a separate request or as an administrative modification of the current request.

All signs shall be designed, built and place to be in compliance with the North Carolina International Building Code and shall not be larger than 24 inches × 24 inches. The sign shall also be mounted on a breakaway sign post designed to the standards of the North Carolina Department of Transportation.

Signs shall be maintained in a manner so as to not become in a state of disrepair or pose a hazard to the public. Signs as approved hereunder shall be placed in the location in such a manner as to not be subject to becoming unsecured or dislodged under normal circumstances. Signs that become in a state of disrepair or are subject to becoming dislodged under normal circumstances, or that otherwise violate any of the terms of this section, shall be immediately removed by the town and shall only be replaced upon new approval as outlined herein.

As stated herein, "permanent" shall mean that absent changes to this section or any law, rule, ordinance, code or administrative officer action on a noncomplying sign may seek removal of said sign for any reasons stated herein or in amendments hereto including, but not limited to, safety issues which may affect same, the sign will be allowed to remain in place 24 hours per day, 365 days per year.

(Code 1978, § 12.109; Code 1995, § 156.113; Ord. of 1-10-1972; Ord. No. 2011-1, § 156.113, 2-14-2011; Ord. No. (2013)10, § 2, 8-12-2013; Ord. No. (2021)1, 6-28-2021)

Sec. 42-292. - General site and sign specifications.

(a)

Zoning permit required. No sign requiring a permit shall hereafter be erected or attached to, suspended from or supported on a structure nor shall any existing sign be enlarged, replaced or relocated until a zoning permit has been issued by the administrative officer.

(b)

Measurement of sign area. The area of a sign mounted on a board or within a frame box shall be the area of the board, frame or box. The area of a sign mounted directly on the wall of a building shall be the area within the outline of the actual shape of the sign. For individual letters or logos mounted on the wall of a building, the sum of the areas of each letter, measured from the exterior edges of the letter, will be the sign area. Signs that employ moving or extending parts shall be measured when moved or extended to form the largest possible silhouette. The total sign area for a double-faced or "V" type sign shall be measured on the largest face of the sign; however, advertising matter may be posted on both sides of such permitted signs, provided that any "V" type sign with a "V" angle of greater than 45 degrees shall be subject to measurement of sign area on both sides. Sign area does not include support structures unless the coloration, lighting, etc. are designed to attract attention.

(c)

Freestanding sign location, all districts (excluding billboards). Freestanding signs shall be set back from the existing road right-of-way (normally the front property line) or proposed future road right-of-way, whichever is the greater distance, according to the tables below. Freestanding signs shall be set back from all other property lines a minimum distance of five feet, except that development signs may be located on a median of a public right-of-way, provided that the town public works director or the state department of transportation, as applicable, permits the sign, and freestanding signs located on a median of a private street shall be located no closer than 20 feet from the street intersection. In no instance shall a sign between the heights of three and 15 feet be permitted within 20 feet of the right-of-way line at the intersection of two streets. Freestanding signs may be placed on the same or separate support structures.

(1)

Ground signs. The following table establishes the minimum setback requirements for ground signs provided that all other requirements of this article are complied with:

Sign Height Minimum Setback from

Right-of-Way Line
0—15 feet 5 feet
Greater than 15 feet and up to 30 feet 10 feet
Greater than 30 feet 10 feet, plus 1 foot for each foot of height exceeding 30 feet

 

(2)

Pole signs. Pole signs, in addition to all other requirements of this article, shall be set back a minimum of five feet from the existing or proposed right-of-way line, provided that no portion of the sign projects any closer than two feet, measured in horizontal distance, from the proposed or existing right-of-way line. Also, pole signs shall maintain a minimum clearance of nine feet over any pedestrian areas and 14 feet over any vehicular paths. Pole signs shall not exceed a maximum sign height of 30 feet unless specifically otherwise allowed within this article. Pole signs more than 100 feet in height shall be set back from any property line a distance of one foot for each foot of height above ground level when otherwise allowed within this article. Regardless of the foregoing, signs shall not be attached to a building so as to extend more than ten feet above any part of the roof or, if projecting from the outer walls of the building, so as to have any part of the sign ten feet higher than the nearest edge of the roof of the principal structure for which the sign serves.

(d)

Maintenance and appearance of signs. All signs together with braces, guys and supports shall at all times be maintained in a safe condition and kept in good repair, free from excessive rust, corrosion, peeling paint or other surface deterioration.

(e)

Signs facing residential districts. Illuminated signs shall be so placed as not to be a nuisance to residents of neighboring residential property.

(f)

On-site interference. The location and structural design of freestanding signs shall be such as to not interfere with the safe and efficient use of off-street parking and loading areas including aisle ways and access driveways.

(g)

Unsafe and unlawful signs. If the administrative officer finds that any sign is unsafe or is a menace to the public or has been constructed, erected or is being maintained in violation of this chapter, the administrative officer shall give written notice of such violation to the owner of the sign or the owner of the property where the sign is located, or both. If the owner of the sign, or the property owner, fails to remove or alter the structure so as to comply with the required standards within 30 days after receipt of said notice, such sign may be removed or altered to comply by the administrative officer at the expense of the property owner of the property where the sign is located. The administrative officer may cause any sign or other advertising structure that is an immediate peril to persons or property to be promptly removed by the sign owner or the property owner.

(h)

Cessation of purpose and removal. Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or land or structure upon which such sign may be found. Such sign shall be removed within 30 days after receipt of written notification by the owner of the property on which the sign is located from the administrative officer, except that temporary activities' sign posting shall be removed by the permittee within seven calendar days following the date of termination of such events. Upon failure to comply with any notice within the time specified, the administrative officer is authorized to cause removal of such sign, and the owner of the property on which the sign is located shall pay expenses incurred.

(i)

Signs permitted in conjunction with nonconforming uses. Any nonconforming use in any district may maintain such business signs as would be allowed for such use in the most restrictive district in which the use would be permitted, or such signs as are existing at the time the use becomes nonconforming, whichever is the most restrictive with regard to sign size.

(Code 1978, § 12.107(a)—(f), (h); Code 1995, § 156.114; Ord. of 1-10-1972; Ord. No. 2011-1, § 156.114, 2-14-2011; Ord. No. (2021)1, 6-28-2021)

Sec. 42-293. - Signs permitted by districts.

In addition to the aforementioned signs, the following are also permitted:

(1)

Residential, conservancy and mixed use or planned neighborhood development districts.

a.

Dwelling identification sign. One identification sign not exceeding two square feet in area is permitted for each residential dwelling unit. For one- and two-family dwelling units, identification signs shall be at least five feet from any street or property line. For multifamily dwelling units, identification signs shall be mounted flat to the main wall of the building. Identification signs may be illuminated but non-flashing and motionless.

b.

Development signs. A permanent sign is permitted as an integral part of an entrance structure which identifies a subdivision, group development, estate, farm or other entity, provided there are not more than two signs for each main entrance, with a total sign area for each entrance not to exceed 32 square feet in area. Such signs may be lighted, but non-flashing and motionless, and located according to the criteria of section 42-292.

c.

Agricultural products signs. In the rural residential district, signs which advertise handicrafts or agricultural products produced on the premises are permitted, provided there are no more than two such signs, each of which shall not exceed 12 square feet in area. In any instance where the products sold are seasonal or temporary, such signs shall be removed within seven days of cessation of the activity advertised.

d.

Institutional, commercial and industrial signs located in rural residential, mixed use or planned neighborhood development and conservancy districts. Any institutional, commercial or industrial use, which is a permitted or special use or an approved use through Conditional District rezoning in a rural residential, residential or conservancy district may erect and maintain signs as follows:

1.

One freestanding sign not to exceed 100 square feet in area shall be permitted. If more than one principal use is conducted on the same site, or in the same building, each additional principal use shall be permitted one freestanding sign not to exceed 50 square feet in area. Freestanding signs shall be located in accordance with the criteria found in section 42-292.

2.

Attached signs for all principal uses on the site shall not exceed 50 square feet in area, except where the nonresidential use is located within an approved mixed use or planned neighborhood development. In addition, the attached signs may be placed on any side of the building. If there is more than one principal use, the property owner will determine the allocation of attached sign area. For nonresidential uses within mixed use or planned neighborhood developments, one attached sign per occupant is allowed, provided the attached signage does not exceed two square feet in area for each front foot of structure the occupant occupies. In the event a shopping center is designed in such a manner that the end unit or end units front the right-of-way and the store front faces an internal parking lot, the end unit or end units may place one additional attached sign on the side facing the right-of-way, provided that the overall combined square footage of the attached signs does not exceed two square feet in area for each front foot of the structure that the occupant occupies.

(2)

Professional, commercial and industrial districts.

a.

O & I office and institutional district. Signs for uses permitted in the O & I district shall be regulated as follows:

1.

One freestanding sign not to exceed 50 square feet in area will be allowed per building. Freestanding signs shall be located in accordance with the criteria found in section 42-292.

2.

One attached sign per occupant not exceeding two square feet in area for each front foot of structure the occupant occupies will be allowed. Attached signs may be placed on any side of the building.

b.

C-1 Local Business District. Signs for uses permitted in the C-1 district shall be regulated as follows:

1.

One freestanding sign not exceeding 100 square feet in area is allowed for sites with a maximum of five occupants. Sites with more than five occupants may have an additional ten square feet maximum area for each occupant over five, with a total maximum freestanding sign area not to exceed 200 square feet in area. Freestanding signs shall be located in accordance with the criteria found in section 42-292.

2.

One attached sign per occupant is allowed. Attached signs shall not exceed two square feet in area for each front foot of structure the occupant occupies. Attached signs may be placed on any side of the building.

c.

CB Central Business District. Signs for uses permitted in the CB district shall be regulated as follows:

1.

One attached sign is permitted per occupant except on through lots or lots having frontage on two or more streets, in which case one sign per occupant for each frontage shall be permitted. The maximum total area of all signs shall be limited to two square feet per frontage of the lot.

2.

All signs shall be attached to the principal structure or appurtenance in a manner consistent with the provisions of the Façade Improvement Guide for: The Town of Spring Lake, North Carolina 1 . Signs may be placed perpendicular to the building with the lower edge being no less than nine feet above the ground. Signs shall not project over public right-of-way.

d.

C(P) Planned Commercial, Hs(P) Planned Highway Service and C-3 Heavy Commercial Districts. Except for billboards (off-premises) which are regulated by section 42-294, signs for uses permitted in the C(P), HS(P) and C-3 districts shall be regulated as follows:

1.

Sites with no more than two occupants may have one freestanding sign. This sign shall have a maximum size of 100 square feet in area.

2.

Sites with more than two occupants but less than ten occupants may have two freestanding signs. Each sign shall have a maximum size of 100 square feet in area.

3.

Sites with more than ten occupants may have two freestanding signs, each with a maximum size of 100 square feet in area; or one freestanding sign with a maximum size of 200 square feet in area. Sites with more than ten occupants may have an additional ten square feet of freestanding sign area for each occupant over ten, with a total maximum freestanding sign area not to exceed 400 square feet.

4.

On corner lots, one additional freestanding sign is allowed on the side street frontage, not to exceed 100 square feet in area.

5.

Sites approved as a zero lot line development such as a shopping center, where the site has one primary lot with one or more outlots, shall constitute one integral development for purposes of this subsection.

6.

Freestanding signs shall be located in accordance with the criteria found in section 42-292.

7.

One attached sign is allowed per occupant, not to exceed two square feet in area for each front foot of structure that the occupant occupies. On sites where a canopy exceeds the building size, the canopy size may be used to determine the permitted attached sign area. Attached signs may be placed on any side of the building.

8.

In the event a shopping center is designed in such a manner that the end unit or end units front the right-of-way and the store front faces an internal parking lot, the end unit or end units may place one additional attached sign on the side facing the right-of-way, provided that the overall combined square footage of the attached signs does not exceed two square feet in area for each front foot of the structure that the occupant occupies.

e.

M-1(P) Planned Light Industrial District. Signs located in the M-1(P) district shall comply with the dimensional criteria as for signs permitted in the C(P) Planned Commercial District.

f.

M(P) Planned Industrial and M-2 Heavy Industrial Districts. Except for billboards (off-premises signs) which are regulated by section 42-294, signs in the M(P) and M-2 districts shall be regulated as follows:

1.

One freestanding sign is allowed at each main entrance to the site. The total entrance signage shall not exceed a maximum sign area of 500 square feet with each individual entrance sign not exceeding a maximum sign area of 300 square feet. On corner lots, one additional freestanding sign is allowed on the side street frontage, not to exceed 100 square feet in area. Freestanding signs shall be located in accordance with the criteria found in [section] 42-292.

2.

One attached sign is allowed per occupant, not to exceed two square feet in area for each front foot of structure that the occupant occupies. On sites where a canopy exceeds the building size, the canopy size may be used to determine the permitted attached sign area. Attached signs may be placed on any side of the building.

(Code 1978, § 12.110; Code 1995, § 156.121; Ord. of 1-10-1972; Ord. of 11-25-2002(02); Ord. No. 2011-1, § 156.121, 2-14-2011; Ord. No. (2012)10, §§ 5, 6, 8-13-2012; Ord. No. (2014)17, 9-22-2014; Ord. No. (2021)1, 6-28-2021)

Sec. 42-294. - Billboards (off-premises signs).

In addition to other applicable standards contained within this article, the following provisions shall apply to all billboards:

(1)

General provisions.

a.

Billboards shall be allowed only along rights-of-way with full-control or limited control of access, such as freeways and major thoroughfares;

b.

Billboards shall not face or be oriented toward any adjoining or abutting residentially-zoned or residentially-used property and shall not be located within 200 feet of a residential zoning district boundary line;

c.

Billboards shall not exceed a sign height of 35 feet;

d.

All billboards are considered as a principal use of property, not accessory, and shall be allowed in the C-3 Heavy Commercial District upon approval of a special use permit by the board of adjustment (section 42-361), and in the M(P) Planned Industrial District upon approval of the site plan by the board of aldermen (section 42-366) as a permitted use, provided that the dimensional criteria outlined below is complied with;

e.

All federal, state, and other local regulations shall be complied with; and

f.

Billboards are exempt from the landscaping and buffering provisions of this chapter.

(2)

Dimensional criteria by district.

a.

C-3 Heavy Commercial District. Billboards constructed and located in this zoning district shall have a maximum sign area of 500 square feet and shall be located at least 50 feet from a street right-of-way line, five feet from any property line not a right-of-way line, 50 feet from any other freestanding sign, building or structure on the same lot, and be a minimum of 500 feet from another billboard.

b.

M-2 Heavy Industrial District. Billboards constructed and located in this zoning district shall have a maximum sign area of 700 square feet and shall be located at least 50 feet from a street right-of-way line, five feet from a property line not a right-of-way line, 50 feet from any other freestanding sign, building or structure on the same lot, and be a minimum of 500 feet from another billboard.

(Ord. No. 2011-1, § 156.122, 2-14-2011)

Sec. 42-295. - Prohibited signs.

Erection or maintenance of signs having any of the following characteristics is prohibited:

(1)

Signs not to constitute traffic hazards. No sign or advertising structure shall be erected or maintained at the intersection of any street or road so as to obstruct free and clear vision; at any location where, by reason of the position, illumination, shape or color, it may impair, obstruct the view or be confused with any authorized traffic sign, signal, or device; or that makes use of the words "stop," "look," "drive-in," "danger," or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic. In any case, signs shall be prohibited within 20 feet of a street intersection measured to the intersection of the two nearest street lines.

(2)

Signs erected on public streets. No sign shall be erected or maintained within any public street right-of-way nor be allowed to extend over or into any public street, provided that this section shall not apply to public signs necessary in the performance of a governmental function or required to be posted by law. This section shall also not apply to properly permitted nonprofit noncommercial entity signs. This section does not apply to political signs during the time period under G.S. 163-227.2 in the right-of-way of the state highway system per G.S. 136-32.

(3)

Obstruction of ingress or egress of building. No sign shall be erected or maintained that obstructs ingress and/or egress to or from any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress or egress to or from any room or building as required by law.

(4)

Obscene matter prohibited. No sign shall be erected or maintained which bears or contains statements, words, or pictures of obscene matter.

(5)

Signs on private property; consent required. No sign may be erected by any person on the private property of another person without first obtaining the verbal or written consent of such owner.

(6)

Portable signs. Any sign which is manifestly designed to be transported from one place to another, whether on its own trailer, wheels or otherwise, even though the wheels of such sign may be removed and the remaining chassis or support constructed without wheels is converted to an "A" or "T" frame sign and typically has space provided for advertising messages that may be changed at will by the replacement of lettering or symbols is prohibited.

(7)

Novelty signs. Signs which emit visible smoke, vapor particles, odor or noise are prohibited.

(8)

Signs attached to trees. No signs, except a "No Trespassing" or "Posted" sign, shall be attached to any tree.

(Ord. No. 2011-1, § 156.123, 2-14-2011; Ord. No. (2013)10, § 3, 8-12-2013; Ord. No. (2021)1, 6-28-2021)