There shall be only one principal structure per zoning lot, except in cases of an approved multi-family development or other group projects that are not subject to this section.

(Res. 2022-23, passed 8-1-2022)

   No building shall be erected on any lot which does not abut at least 25 feet on a publicly dedicated or maintained street.

(Res. 2022-23, passed 8-1-2022)

   (A)   Height limitations.

      (1)   The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observations towers, transmission towers, chimneys, smokestacks, conveyors, flag poles, radio towers, television towers, masts aerials, and similar structures.

      (2)   Secondary height. As allowed in § 156.302 – Zoning Districts – Intent and Dimensional Requirements, maximum building height may vary between the primary and secondary height limitations, provided that:

         (a)   For each two feet the building exceeds the primary height limitation, the front and each side setback shall be increased by one foot, or fraction thereof.

         (b)   No building shall exceed the secondary height limitation established in the zoning district.

   (B)   Front yard setbacks for dwellings. The front yard setback requirements of this chapter for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within 100 feet on each side of the proposed dwelling within the same block and zoning district and fronting on the same side of the street is less than the minimum required front yard depth. In such case, the setback on such lots may be less than the required setback, but not less than the average of the existing on the aforementioned lots, or within ten feet of the street right-or-way line, whichever is greater.

   (C)   When no side setback is required. In cases where no side yard is required, if a side yard is provided it must be at least four feet in width to allow for maintenance, cleaning, and the like.

(Res. 2022-23, passed 8-1-2022)

   At any public right-of-way intersection, no obstruction shall exceed 28 inches in height above existing grade within the area as shown in the illustration below. "A" is located at the intersection of the road edges or curb.

(Res. 2022-23, passed 8-1-2022)

   (A)   Required. Off-street automobile parking shall be provided on every lot on which a use is established. If no parking space can be reasonably provided on the same lot, such space shall be provided on a lot of which a substantial portion is within 500 feet of such use. No certificate of occupancy will be issued upon completion of any building or group of buildings unless all off-street parking requirements are in place and ready for use.

   (B)   Central Business District parking. Uses in the B-1, Central Business District, are exempt from parking requirements unless required by other provisions of this chapter.

   (C)   Combined parking. The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that one-half of the parking space required for churches, theaters, or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sundays.

   (D)   Reduction in number of required spaces. As part of its review, the Town Council may reduce the required number of parking spaces required by this section by up to 10% upon finding that the reduced number of parking spaces will be sufficient to satisfy the demand for parking expected for the use, considering: the nature of the use, the number of trips generated by the use, the times of day when the use generates the most trips, and the extent to which other establishments are located on the same property and may reduce the number of vehicle trips required between different establishments.

   (E)   Size and number. Each parking space shall be not less than nine feet by 19 feet, in or exclusive of adequate access drives and maneuvering space. Each space shall be provided with vehicular access to a street or alley and shall be equal in number to at least the minimum requirement for the uses set out in Table 156.405. Requirements based on the number of seats, students, etc., are based on the design capacity of the building.

 

 

 

 

   (F)   In residential areas, the parking or storage of motor vehicles, recreation vehicles, boats and/or trailers shall be prohibited in the area between the street and the front yard, except that the parking of motor vehicles, recreation vehicles, boats and/or trailers are permitted upon a driveway or parking area constructed of concrete, asphalt, gravel or any other material commonly used for parking of vehicles, but not including grass or dirt.

(Res. 2022-23, passed 8-1-2022; Ord. 2024-05 passed 5-6-2024)

   (A)   Required. Every building used for business, trade, or industry hereafter erected shall provide space as indicated herein for the loading and unloading of goods, and the like. Each space shall have access to an alley or street.

   (B)   Size and number. Each off-street loading space shall have minimum dimensions 14 feet in height above the alley or street grade and 25 feet in depth from the alley or street line. The number of spaces required is as follows:

      (1)   Retail: One space of 300 square feet for each 5,000 square feet of floor area;

      (2)   Wholesale/industry: One space of 500 square feet for each 10,000 square feet of floor area.

(Res. 2022-23, passed 8-1-2022)

   (A)   Title. This section shall be known and may be cited as the “Town of Wilkesboro Sign Regulations”.

   (B)   Applicability and purpose. This section apply to all signs erected in the Town of Wilkesboro and extraterritorial jurisdiction (ETJ). The purpose of this section is to ensure the installation of safe and effective signage that promotes both business activity and the aesthetic character of the town, as well as communicating essential information to the public. The following statements elaborate on this purpose:

      (1)   To provide opportunities for neighborhoods and commercial endeavors to be identified in an effective and equitable fashion.

      (2)   To promote public safety by reducing hazards associated with distracting or excessive signage.

      (3)   To establish and promote enhanced community character through signage that is reflective of the adopted goals of the town and its scale of development.

      (4)   To promote the integration of signage with the architectural characteristics and aesthetic quality of the town’s development.

      (5)   To provide for flexibility in amount, type and scale of signage depending on the context of the development and the surrounding area.

      (6)   To facilitate efficient, thorough, consistent and effective enforcement of this section.

   (C)   Definitions. Please see definitions in § 156.701.

   (D)   Applicability. Except as specifically exempted in this section, no sign shall be erected, altered or displayed without a sign permit issued by the Town of Wilkesboro confirming compliance with the provisions of this section. Signs made nonconforming by this section shall be grandfathered until altered, abandoned, relocated, or removed except for prohibited signs, which shall be removed within ten days as required in division (E) of this section. Signs located within an established historic district or on the site of a designated historic landmark are subject to the standards and review requirements of the Historic Preservation Commission as set forth in § 156.220.

   (E)   Prohibited signs. Signs prohibited by the enactment of this section shall be removed within ten days from the date of notification by the Zoning Enforcement Officer or duly authorized code enforcement agent of the town; however, where deemed dangerous or prejudicial the Zoning Enforcement Officer may act in accordance with § 156.203 of this chapter. The following signs are specifically prohibited:

      (1)   Snipe signs.

      (2)   Signs attached to light fixtures, curbs, sidewalks, gutters, streets, utility poles, public buildings, fences, railings, public telephone poles, or trees.

      (3)   Windblown signs not specifically permitted in this section such as pennants, streamers, spinners, balloons, inflatable figures, and similar signs, except as specifically permitted in division (H) of this section.

      (4)   Signs which prevent free ingress to or egress from any door, window, or fire escape.

      (5)   Signs erected or displayed in such a manner as to obstruct free and unobstructed vision at any street, intersection, or driveway.

      (6)   Any sign which interferes with vehicular or pedestrian traffic because of its position, size, shape, movement, color, fashion, manner, or intensity of illumination, including signs with the potential to be confused with any authorized traffic sign, signal, or device not found in compliance with the provisions of division (G)(1)(i) of this section.

      (7)   Signs erected or displayed on or over public street rights-of-way, other than those erected by governmental agencies or for which appropriate encroachment agreements have been executed pursuant to this section. Signs specifically protected by the provisions of G.S. § 136-32.2 are not prohibited, provided the requirements of G.S. § 136-32.2(c) are met.

      (8)   Portable signs, except as specifically permitted herein.

      (9)   Signs that mechanically alter their height, location, or size; signs that revolve; or signs that strobe and/or flash; or any other similarly constructed signs.

      (10)   Signs attached to the roofs of buildings or are otherwise located above the roofs of buildings or are part of roofing finish and/or materials.

      (11)   Off-premises billboard signs, including outdoor advertising signs, except those placed by governmental agencies for public purposes. Existing off-premises billboard signs that are nonconforming may be disassembled and replaced with a newer structure upon approval of a permit issued by the Zoning Enforcement Officer. The new signage shall be designed to result in no expansion of or increase in the nonconformity; shall allow replacement with a digital sign; shall not exceed 48 feet in height above adjacent grade; shall be designed to limit lighting to the sign face; and shall be designed to enhance the architectural features of adjacent buildings. Color renderings or photographic simulations shall be submitted to the Zoning Enforcement Officer, who shall have the authority to deny permits for signs that do not meet the intent of this section.

      (12)   Signs attached to telecommunications towers with the exception of a single sign for use by law enforcement and emergency management departments.

   (F)   Exempt signs. The following signs are exempt from the requirements of this section; however, in some instances building permits may be required, such as an electrical permit for wiring, and a zoning permit is a prerequisite to a building permit.

      (1)   Warning and security signs, including signs placed by a public utility for the safety, welfare, or convenience of the public, including, but not limited to signs identifying fire department connections or high voltage, public telephone, or underground cables and/or gas pipelines. Signs posted on telecommunications towers providing emergency notice information for law enforcement and emergency management departments.

      (2)   Government signs and signs for non-profit organizations sponsored by governments including insignia; statutorily required legal notices; and informational, directional, way-finding, and traffic safety signs. This exemption shall not include permanent and temporary signs covered in division (H) of this section, but may include signs or flags erected on public property or private property immediately proximate to public property to commemorate public holidays recognized by resolution of the Town Council.

      (3)   Warning and security signs, including signs placed by private property owners restricting activity such as "No Dumping", “No Hunting”, “No Parking”, and "No Trespassing" signs containing less than six square feet in copy area per sign face.

      (4)   Signs placed inside ball fields and outdoor amphitheaters that face toward the interior of the field or amphitheater and are primarily visible for viewing by persons attending events and/or performances.

      (5)   Accent lighting, as defined herein, provided that not more than two architectural elements are accented per occupancy (e.g., two windows or a window and a roofline, etc.).

      (6)   Signs associated with events of short duration for a nonprofit or charitable organization posted for 14 days or less, provided that not more than a total of 24 square feet of signage is posted per property per street frontage and they are removed within two days.

      (7)   Incidental signs affixed to windows containing no more than two square feet in copy area provided that not more than a total of eight square feet of incidental signage is displayed per occupancy.

   Example of Incidental Signs

      (8)   Machine signs containing no more than eight square feet in copy area, except drive-through menu and/or kiosk machine signs may contain up to 12 square feet in copy area provided the portion of the signs devoted to a logo or business name contains no more than six square feet of the total sign copy area.

   Example of Machine Signs

      (9)   Menus and kiosks displayed outdoors at restaurants provided they contain no more than six square feet in copy area.

      (10)   Signs attached to collection bins, provided they contain no more than six square feet in copy area.

      (11)   Any sign, public notice or warning required by a valid and applicable federal, state, or local law, regulation, approved development plan, or ordinance, including traffic control signs on private property.

      (12)   Address signs no greater than four square feet in copy area unless specifically approved or directed by the Wilkesboro Fire Marshal.

      (13)   Retail store window displays of merchandise.

      (14)   Signs attached to licensed roadworthy vehicles, provided the vehicles are not parked unattended and in such a manner as to create the effect of additional signage, whether on-premises or off-premises (see division (E) of this section).

      (15)   Signs attached to umbrellas provided no more than 50% of the total surface area of the umbrella is devoted to signage.

      (16)   One Temporary sign per property street frontage containing no more than four square feet in copy area in the R-20A, R-20, R-8, and R-6 districts; no more than 16 square feet in copy area in the B-1 and B-3 districts; and, no more than 32 square feet in the B-2, M-1, and M-2 Districts. Temporary signs are limited to duration of not more than six consecutive months in any one calendar year. See division (H) of this section for temporary signs requiring a permit.

      (17)   Flags of the United States, the State of North Carolina, Wilkes County or the Town of Wilkesboro.

         (a)   Any flagpole exceeding 50 feet in height requires an engineering certificate confirming the ability of the flagpole to withstand wind force and a fall area that will prevent damage to adjoining properties and/or public right-of-way.

         (b)   No more than three flags shall be displayed on a lot of less than one acre in size and not more than five flags shall be displayed on lots of one acre or more in size.

         (c)   Flagpoles may be roof or wall-mounted provided size, height, setback, and engineering requirements are met.

         (d)   Flags must be maintained in good condition. Faded, soiled, tattered or torn flags should be promptly replaced.

         (e)   If the North Carolina, Wilkes County and Town of Wilkesboro flags are present on the same pole as the United States flag, then the flags must be proportionate in size to the flagpole and to each other.

         (f)   The flagpole, or position on flagpole, upon which the United States flag is flown must be higher than others in the grouping.

         (g)   If more than one flag is flown from the same flagpole, the United States flag must always be at the top, followed by the North Carolina flag.

      (18)   Holiday, sports, and good-will decorations with non-promotional message if lights are not illuminated and decorations are not displayed for longer than a total of 60 days per calendar year on nonresidential property.

      (19)   Signs for “temporary businesses” such as, but not limited to, produce stands, street vendors, and vendors at special events that shall operate for a specified time, not to exceed seven consecutive days. If the business is a recurring operation, such as produce stands that operate on weekends or on select days during the week, then said “temporary business” shall comply with the regulations set forth in this section; the exception being that the Zoning Enforcement Officer may permit “temporary businesses” to use banners and temporary signage that comply with the standards and intent of this section to be used as signage.

      (20)   Fence wraps displaying signage when affixed to perimeter fencing at a construction site until the certificate of occupancy is issued for the final portion of any construction site or 24 months from the time the fence wrap was installed provided it contains only advertising sponsored by parties directly involved in the construction project.

   (G)   Requirements for permanent signs requiring an approval of a zoning permit.

      (1)   Permanent sign requirements. The following tables and text provide the design and dimensional requirements for permanent signs that require a permit. Requirements include copy area, number, type of illumination, and letter height for both attached and freestanding signs. Setback and height requirements are established for all freestanding signs and detailed design requirements are provided for monument and pole signs.

         (a)   Only one general attached sign (blade, V-type, or flat) is allowed per street or parking frontage per occupancy.

         (b)   Only one monument or pole freestanding sign is allowed per street frontage.

         (c)   Height of freestanding signs shall be measured from the elevation of the ground at the point of contact with the sign provided that the grade of the site is not artificially altered to increase the allowable height of the sign. For sloping sites, the applicable point of contact shall be the point having the highest elevation.

         (d)   One sign per approved Home Occupation is allowed within the R-20A, R-20, R-8, and R-6 districts, not to exceed four square feet in area.

         (e)   The following permanent special purpose signs are allowed in addition to general attached and freestanding signs under the limitations provided in the following tables and elsewhere in this section.

            1.   Window.

            2.   Directional.

            3.   Directory.

            4.   Community identification.

         (f)   Clocks and thermometers (including digital displays of time and temperature information) are allowed as either attached or freestanding components of signs provided they are:

            1.   Incorporated into the general or attached signage for a non-residential property;

            2.   No more than two per property; and

            3.   Not exceeding 16 square feet in area. The square footage allowance constitutes an area bonus in addition to the maximum allowable area for the applicable sign type to which clocks and/or thermometers are attached.

         (g)   Mechanical changeable signs: All mechanical changeable signs must be static for a minimum of five minutes and the transition must not exceed 30 seconds.

         (h)   Electronic message center or display: Images and/or messages must be static a minimum of eight seconds and the transition must occur as instantaneously as technology allows. This is not considered animation and/or a flashing sign. The following standards & specifications shall apply:

            1.   Brightness: The sign must not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum of 750 nits (candelas per square meter) between dusk and dawn, nor shall the sign have varying light intensity during the display of any single message.

            2.   Every sign must be equipped with a dimming mechanism that adjusts display brightness to accommodate varying ambient light conditions. This function can be performed manually or automatically with the use of a light sensing device.

         (i)   The minimum identification requirement is that a sign clearly showing the name of a named subdivision be posted at the primary vehicular entrance to the subdivision.

         (j)   Signs extending over pedestrian and vehicular travel areas shall maintain a minimum clear distance between the finished grade surface material and any portion of the sign and its associated support structure of seven vertical feet on public and/or private sidewalks, and 14 vertical feet over paved vehicular parking and/or maneuvering areas. Signs shall not extend over public streets, except as stipulated in division (E)(7) of this section.

 

 

      (2)   Single and Multi-tenant Retail Buildings Greater than 30,000 square feet. Retail buildings with more than 30,000 square feet of floor area must also comply with the provisions of § 156.526(L).

      (3)   Monument sign design requirements. Monument signs are intended to serve a wider range of aesthetic and architectural purposes than pole signs. Consequently, the following design requirements are established for monument signs.

         (a)   General design requirements and sign copy area measurement for monument signs. As in traditional building design, monument signs shall be designed to include a base, middle, and cap. The following illustration shows a monument sign having these architectural characteristics, as well as how sign copy area is to be measured on a monument sign.

   Monument Sign Design Elements

         (b)   Sign structure materials. In general, monument sign structures should be constructed of materials that are like or complementary to the principal building(s) on the premises where they are located. Only the following materials shall be used in monument sign structure construction, singly or in combination.

            1.   Brick (painted or unfinished).

            2.   Wood.

            3.   Concrete or stucco.

            4.   Natural stone or manufactured stone having a natural appearance.

            5.   Metal.

            6.   Glass.

         (c)   Sign copy materials. Sign copy materials for monument signs shall include the sign structure materials listed above. For internally illuminated monument sign copy, acrylic may be utilized, provided not more than 50% of the sign face is illuminated.

      (4)   Pole sign design requirements. The following design requirements are established for pole signs:

         (a)   General design requirements. Pole signs in Wilkesboro have traditionally been supported by two posts or suspended from a single post as shown in the following non-local sample illustrations. Pole signs shall use one of these two forms of design.

   Examples of Allowable Types of Pole Signs

         (b)   Materials. In general, pole signs should use materials that complement the principal building(s) on the premises where they are located. The following materials are acceptable for use in pole signs, singly or in combination:

            1.   Wood.

            2.   Metal.

            3.   Brick (painted or unfinished).

            4.   Concrete or stucco.

            5.   Natural stone or manufactured stone having a natural appearance.

 

 

   (H)   Temporary signs requiring a permit. Table 156.407(H) provides the design, dimensional, and time of display requirements for Temporary Signs; refer to divisions (E) for Prohibited Signs and (F) for Exempt Signs. Additionally: Nonconforming temporary signs shall not be grandfathered (see division (M) of this section).

      (1)   Requirements for temporary signs that require a permit. The temporary signs listed in Table 156.407(H) require a permit and shall comply with the indicated zoning location and other requirements. All such signs, except for searchlights, shall be illuminated solely by ambient light sources.

      (2)   Additional requirements for sandwich board signs. Sandwich board signs offer businesses in pedestrian-oriented zoning districts an effective and creative way to market products or services. However, unless carefully regulated, sandwich board signs can create hazards for pedestrians and a cluttered and unattractive appearance. The following design standards are established to permit sandwich board signs to be utilized in a fashion which meets community safety and design expectations, as well as the need for businesses to market their products and services.

         (a)   Sandwich board signs shall not exceed four feet in height and 30 inches in width.

         (b)   Sandwich board signs shall be located only on sidewalks that serve the establishment with which they are associated.

         (c)   Five feet of sidewalk clearance shall be provided along at least one side of the sign to allow for unobstructed pedestrian access in accordance with ADA regulations.

         (d)   Sandwich board signs are intended to inform and orient pedestrians to business locations and available products and services. Consequently, such signs shall not be placed more than 20 feet from the primary public entrance to the occupancy with which they are associated and shall be oriented to communicate information primarily to pedestrian traffic.

         (e)   Sandwich board signs shall be moved to an indoor location for storage during times when the associated businesses are not open for customers.

         (f)   Standard design for sandwich board signs. Sandwich board signs shall be located in frames constructed of anodized aluminum, wrought-iron, or wood, as illustrated in the following photographs. Plastic, PVC, or other similar materials shall not be used as the frame. The display area within the frame shall be constructed of durable metal or wood if containing permanent messages; such permanent messages shall be applied to the display area with paint, metal or durable vinyl or shall consist of carved wood or cut metal lettering or images. Sandwich board signs containing changeable message display areas may be constructed of chalk board style materials, durable plastic (such as a “dry erase” board), or similar materials.

   Example of Standard Sandwich Board Sign Frame

         (g)   Alternative design for sandwich board signs. As an alternative to the standard design described above, the Planning, Zoning & Subdivision Administrator may permit alternative sandwich board sign designs which exhibit a distinctive and creative flair which the owner would otherwise be unable to replicate if the standard frame design was used.

   (I)   Signs located in local historic districts or on historic landmarks. Regardless of the other dimensional provisions of the sign regulations, signs that are located in local historic districts or designated historic landmarks shall be governed by the applicable design guidelines and review processes established for the local historic district and historic landmarks as specified in § 156.604.

   (J)   Master sign plan. Regardless of the other provisions of the sign regulations, the Wilkesboro Planning Board may, at its sole discretion, approve a master sign plan for specified areas of town or for certain development projects listed in this division. The approved master sign plan may include signs of different sizes, types, locations, placement and height from those otherwise enumerated in these regulations.

      (1)   Purpose. The purpose behind this division is to permit creativity in sign design and placement to address site issues and constraints associated with topography, pedestrian-orientation, way-finding/directional/directory, and other conditions unique to the subject development or area of town.

      (2)   Application. Master sign plans may be submitted for the following types of developments:

         (a)   Special uses requested in accordance with § 156.214.

         (b)   Commercial, institutional, industrial, or mixed-use developments.

         (c)   Areas of town that are identified as special planning areas within the Town’s Comprehensive Plan, and/or governed by an overlay district.

      (3)   Submittal process. Master sign plan applications may be submitted for consideration at the time of original submittal of the proposed development or separately from the original development proposal. The following information or material shall be required for a master signage plan application.

         (a)   Owner and contact name, address, telephone number and signature(s), as applicable.

         (b)   A master sign plan proposal illustrating the proposed signs, their proposed location, and their proposed purpose, along with a statement as to why the existing sign regulations cannot or should not be followed in the subject case.

         (c)   An analysis showing how the proposed signage plan differs from what could be provided under the existing sign regulations.

         (d)   Other similar information determined by the Zoning Enforcement Officer to be necessary for understanding the purpose and intent of the proposed master sign plan application.

      (4)   Review procedure. The Zoning Enforcement Officer shall schedule the master sign plan for Planning Board consideration in accordance with the notice and public hearing procedures set forth in § 156.207 for zoning map amendments. In reviewing the proposed master sign plan, the Planning Board shall take the following matters into consideration:

         (a)   The extent to which the proposed master sign plan deviates from the sign allowances otherwise applicable in this section.

         (b)   The rationale provided by the applicant for the deviations.

         (c)   The extent to which the master sign plan promotes town goals associated with community character, way-finding, pedestrian-orientation, and business identification.

         (d)   1.   The degree to which the master sign plan creatively and effectively addresses the issues and constraints unique to the site with regard to signage.

            2.   The Planning Board shall deny or approve the proposed master sign plan in part or in total and shall further recommend conditions regarding approval where deemed warranted.

            3.   The Planning Board may deny or approve the proposed master sign plan in part or in total and may establish conditions regarding approval. In the event that the master sign plan is denied, the applicant must wait at least 30 days before reapplying for a new master sign plan.

   (K)   Suggested design guidelines. In addition to the mandatory standards provided in divisions (G) and (H) of this section, the following design guidelines for signs are provided in order to promote more attractive and functional design and placement of signs.

      (1)   Freestanding signs. Placement of freestanding signs should take into account existing trees and other site landscaping so as to maintain sign visibility. Landscaping around the base of freestanding signs is strongly encouraged to improve the overall appearance and visibility of these sign types as evidenced in the following example.

   Landscaping Around the Base of a Monument Sign

      (2)   Display windows are intended to offer opportunities to display merchandise or services available on the premises. Careful placement of signs in display windows will not obscure the visibility of merchandise or services. Additionally, display windows shall not be “papered-over,” especially in pedestrian areas.

      (3)   General design guidelines. The following general guidelines are provided to guide overall sign design in the town:

         (a)   Use high quality, durable materials.

         (b)   Minimize the need for sign lighting by placing signs where ambient light sources illuminate the sign. Where separate lighting is necessary, external illumination sources are preferred over internal illumination. All electrical conduit and junction boxes should be concealed.

   Externally Illuminated Sign

         (c)   Backlit, individual letter signs (i.e., halo lighting) are encouraged where illumination is needed as illustrated below.

   Backlit Individual Letters

         (d)   Avoid elaborate or confusing styles of text as illustrated in the following example.

   Overly-Complicated Style of Text

         (e)   Attempt to use symbols rather than text; for example, this Norwegian pharmacy sign incorporates a symbol as well as text.

   Use of Symbols

         (f)   Use sign styles and designs that complement the architecture of the site where the signs are located. Wilkesboro is a historic town so using “period” signage is strongly encouraged.

   An Example of a “Period” Pole Sign in a New York City Suburb

   (L)   Permitting.

      (1)   Applications for sign permits and the associated fee schedule may be obtained from the Zoning Enforcement Officer. Completed applications, including payment of fees, shall be reviewed for compliance with the requirements of these regulations.

      (2)   Signs requiring sign permits under the provisions of the sign regulations may also require additional permits, including building permits and electrical permits. It shall be the responsibility of the applicant to obtain all applicable permits.

   (M)   Nonconforming signs. A permanent sign which does not comply with one or more of the requirements of the sign regulations shall be grandfathered (deemed a vested right) until such sign is removed, physically altered beyond maintenance (as defined), relocated, damaged or destroyed, after which it shall be brought into compliance with all requirements of this section. Nonconforming temporary signs shall not be grandfathered and shall be brought into compliance with all requirements of this section within 30 days from the date of notification by the Zoning Enforcement Officer or duly authorized code enforcement agent of the town.

   (N)   Discontinued and abandoned signs. Signs identifying a discontinued occupancy or use shall be considered abandoned signs and shall be removed by the owner of the property on which they are located. Failure to remove a discontinued or abandoned sign shall be considered a violation of the Zoning Ordinance. In addition, correction of a discontinued or abandoned sign violation may include removal of a discontinued or abandoned sign or signs by the town at the owner’s expense after proper notice of the violation and failure to act by the owner within the timeframe established in the notice of violation.

   (O)   Maintenance. All signs, including exempt signs, shall be maintained in a satisfactory state of repair. This shall include, without limitation, correction of peeling or faded paint, repair or replacement of damaged panels, trimming of vegetation that obscures the sign(s), replacement of defective lighting of illuminated signs, secure attachment to the building for attached signs, and stable vertical alignment of freestanding signs.

(Res. 2022-23, passed 8-1-2022; Ord. 2024-08, passed 11-4-2024)

   (A)   Where a non-residential lot abuts any residential district, there shall be a side or rear yard clearance of at least ten feet on the side and/or rear yard abutting the residential district.

   (B)   Upon any side or rear lot located in a non-residential zoning district that abuts a residential zoning district there shall be a densely planted buffer strip at least six feet in height along the rear and/or side lot abutting the residential property. No such buffer shall extend nearer to a street right-of-way line than the established building line of the adjoining residential lot.

(Res. 2022-23, passed 8-1-2022)

   The purpose of this section is to establish enforceable regulations and standards for fences. This section provides specific standards for general design, security, height and safety.

 

   (A)   Table interpretation. “X” denotes a standard that is allowed or required. “-” denotes a standard that is not allowed or required. “COA” designates that a Certificate of Appropriateness is required due to location within the Wilkesboro Historic District.

   (B)   Finished surface. Fences and walls shall be constructed such that the “finished” part of the fence or wall is located to the exterior of the property. Exposed framing of fences shall be located to the interior yard.

   (C)   Setbacks. Fences may be installed on adjoining property lines through shared ownership and maintenance responsibility. If a fence is setback, the fence must be at least four feet from the property line to allow for maintenance of the fence and landscaping.

(Res. 2022-23, passed 8-1-2022)

   (A)   Purpose. The purpose of this section is to protect, maintain, and enhance the public health, safety, environment, and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and non-point and point source pollution associated with new development and redevelopment as well as illicit discharges into municipal stormwater systems. It has been determined that proper management of construction-related and post-development stormwater runoff will minimize damage to public and private property and infrastructure, safeguard public health, safety, and general welfare, and protect water and ecological resources.

   (B)   Applicability and jurisdiction.

      (1)   The provisions of this section shall apply within the town limits and extraterritorial jurisdiction.

      (2)   The following development activities are exempt from the provisions of this section:

         (a)   Construction of a single-family or two-family residence.

         (b)   Redevelopment, or change in use of a structure, that does not involve more than one-half acre of land disturbance.

         (c)   Redevelopment, or change in use of a structure, that does not involve construction of more than one-half acre of additional impervious surface.

         (d)   Agriculture and forestry practices.

   (C)   Relationship to other laws, regulations, and private agreements. This section is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this section are in addition to any other ordinance, rule, regulation, or other provision of law. Where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare shall control.

   (D)   Effective date and transitional provisions.

      (1)   This section shall take effect on October 2, 2023.

      (2)   All development and redevelopment projects for which all necessary permits were issued prior to the effective date of this section and which remain valid, unexpired, unrevoked, and not otherwise terminated at the time of development or redevelopment shall be exempt from complying with all provisions of this section dealing with the control and management of post-construction runoff but shall be required to comply with all other applicable provisions (including but not limited to illicit discharge provisions).

   (E)   Drainage plan required. Any development or redevelopment subject to the provisions of this section shall submit a drainage plan for review by the town in conjunction with an application for a zoning permit. The town shall review the drainage plan for compliance with the provisions of this section. The drainage plan shall be prepared and bear the seal of a licensed professional engineer and include the following:

      (1)   Topographic map of the total drainage area, including the project site. The topographic map shall have a scale not smaller than 1 inch = 50 feet and include the following:

         (a)   Contours at two-foot intervals.

         (b)   Property lines.

         (c)   Project construction elements (structures, parking lots, driveways, and other impervious surfaces).

         (d)   Existing perennial and intermittent streams, wetlands, and springs.

         (e)   Existing man-made stormwater facilities.

      (2)   Engineering drawings depicting the design and details of proposed piping, drainage structures, stormwater control measures, and channels connecting to a network of man-made or natural drainage features.

      (3)   Specifications of piping, drainage structures, permanent erosion control measures, and stormwater control measures.

      (4)   Computations to support the design and specifications.

   (F)   General provisions.

      (1)   To the extent practical, lot lines in subdivisions shall follow natural and existing man-made drainage features.

      (2)   Stormwater shall not be channeled into a sanitary sewer system.

   (G)   Development standards.

      (1)   Stormwater runoff from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable.

      (2)   All built-upon areas shall be at least 30 feet landward of all perennial and intermittent surface waters.

      (3)   Using ten-year, 24-hour storm data, the post-development runoff rate shall not exceed the pre-development runoff rate. Runoff rates must be based on the same calculation method.

      (4)   Stormwater management systems shall have a minimum design capacity of the ten-year discharge. The design capacity for cross-drainage facilities in public streets shall be a 25-year discharge.

      (5)   Stormwater management facilities shall be designed in accordance with 15A NCAC 2H.1050.

      (6)   Stormwater management facilities shall be permanent, protected with easements or covenants that run with the land, and accessible for inspection.

      (7)   The minimum internal pipe diameter shall be 15 inches for open-ended culverts, closed systems, and driveway culverts, and the minimum internal pipe diameter for portions of closed systems outside the public right-of-way shall be 12 inches.

   (H)   Maintenance. The owner (or other responsible party) of each stormwater management facility installed pursuant to this section shall maintain and operate it to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the facility was designed. All projects subject to this section shall record an approved maintenance agreement and inspection schedule at the Wilkes County Register of Deeds, which shall run with the land.

   (I)   Performance security for installation and maintenance. The town may, at its discretion, require the submittal of a performance security or bond with surety, cash escrow, letter of credit, or other acceptable legal arrangement prior to issuance of a permit to ensure that the stormwater management facilities are installed as designed. Performance securities will be based on construction estimates and shall not exceed 125% of the estimated cost.

   (J)   Remedies and penalties.

      (1)   This section shall be enforced by the Town’s Zoning Administrator or designee, which may include any contracted agencies.

      (2)   The remedies and penalties provided for violations of this section, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law and may be exercised in any order.

      (3)   The town may revoke, issue a stop work order, or refuse to issue any development permit, including a certificate of occupancy, for the building served by the stormwater systems in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise remedied the violations described therein. Any stop work order may be modified to enable the necessary remedial measures to remedy such violations.

      (4)   If the violation is deemed dangerous or prejudicial to public health or public safety, the town may cause the violation to be corrected and the costs to be assessed as a lien against the property.

      (5)   Regardless of the effective date and transitional provisions, the remedies and penalties provided for violations of this section may be enforced where stormwater runoff and erosion incidents are determined to encroach on real property or public right-of-way located off-premises.

(Res. 2022-23, passed 8-1-2022)