A.

The purpose of this Article is to support and complement the various land uses allowed in Yadkinville's jurisdiction through the adoption of policies and regulations concerning the placement of signs. The outdoor placement of signs is a legitimate use of private property, but the erection of signs shall be controlled and regulated in order to promote the health, safety, welfare, convenience and enjoyment of travel on roadways, as well as protect the public investment in such roadways. The provisions of this Article are also intended to promote the reasonable, orderly and effective display of such signs, displays and devices. It is also the intent of this section to prevent signs from dominating the visual appearance of the area in which they are located and to enhance the aesthetic environment of the Yadkinville area.

B.

Except as otherwise provided in this Ordinance, it shall be unlawful for any person to construct, place, enlarge, move, replace, or illuminate any sign or sign face, without first having obtained a Zoning Permit for such sign in accordance with Section 2.2.3.3. The following signs are exempt from the requirements of this Article:

1.

Wall signs of less than one (1) square foot

2.

Temporary signs in accordance with Section 6.3, except that such signs may require registration as applicable.

3.

Murals as defined in Appendix A.

4.

Repair, replacement or replicas of historic signs, that do not meet the requirements of this Chapter, within the CB zoning district are permitted. A photo, picture, drawing, or sketch of the original sign shall be provided to the Administrator that reasonably identifies a date of establishment of the original historic sign prior to 1968.

5.

Incidental signs not legible from off-site or a public right-of-way. Examples include gas pump signs, drive-through menu boards, on-site directional signs, and signs within a sports stadium.

6.

Driveway entrance signs not exceeding four (4) square feet and three (3) feet in height.

7.

Government signs posted or authorized by various local, state and federal agencies in the performance of their duties including providing community information and facilitating economic development. Examples of such signs include regulatory signs, traffic signs, welcome signs, information signs, wayfinding signs, bulletin board, and directory signs.

8.

Address signs affixed to structures, mailboxes, decorative light posts, driveway entrances, etc., which serve to identify the address of the structure or occupant for the purposes of postal service and emergency E-911 location.

9.

Flags attached to a permanent flag pole that is permanently affixed to the ground provided that there are no more than three (3) flag poles per lot of record and flags are located outside the public right-of-way, unless they are installed by a government entity. Flagpoles shall not be located less than 50 feet from a public or private street right-of-way. No flag shall exceed 40 square feet and no flag pole shall be greater than 25 feet in height.

6.2.1 Design guidelines.

A.

Materials, colors and shapes of proposed signs shall be compatible with the principal building on the property.

B.

The sign shall not be the dominant feature of its location.

C.

A uniform sign plan shall be required for all newly constructed office and retail complexes and multi-tenant buildings. All tenants shall comply with the approved uniform sign plan. The plan shall provide requirements about sign type, color, and placement of each sign within the development to demonstrate compliance with the provisions of this Article and uniformity among the signs within the development.

6.2.2 Sign area.

A.

The surface area of a sign is computed as including the entire area within a parallelogram, triangle, circle, semi-circle or other regular geometric figure, including all of the elements of the display, but not including blank masking (a plain strip, bearing no advertising matter around the edge of a sign), frames, display of identification or licensing officially required by any governmental body, or structural elements outside the sign surface and bearing no advertising matter. The surface area of the sign structure shall not exceed two (2) times the surface area of the sign face.

B.

In the case of signs mounted back-to-back, only one (1) side of the sign shall be used to calculate the area. Otherwise, the surface area of each sign is to be separately computed.

C.

In the case of multi-sided signs, cylindrical signs, signs in the shape of cubes, or other signs which are substantially three-dimensional (3-D) with respect to their display surfaces, the area is equal to the sum of the areas of any two (2) adjacent sides.

D.

In the case of embellishments (display portions of signs extending outside the general display area), surface area extending outside the general display area and bearing advertising material is to be computed separately (according to the method described immediately above in this Section) as part of the total surface area of the sign.

6.2.3 Sign height.

A.

The height of a sign shall be measured from the highest point of a sign to the ground surface beneath it.

B.

For signs located below the grade of the adjacent street to which it has access, the height of a sign shall be measured from the highest point of the sign to the elevation of the fronting accessible street adjacent to the sign.

C.

Ornamentation such as caps, spires and finials shall not extend more than two (2) feet from the top of the sign.

Figure 6.1 Sign Area

Figure 6.2 Sign Height

6.2.4 Sign setbacks.

A.

Every part of all signs shall be located outside of any street right-of-way. The following signs are exempt from this requirement:

1.

Projecting building signs within the CB zoning district that meet the requirements set forth in Section 6.4.1 may project into the right-of-way.

2.

Development entryway signs that meet the requirements of Section 6.4.2 may be located in the islands within Town-maintained street right-of-way upon the acceptance of an encroachment agreement by the Town.

B.

At intersections, no sign shall be in the sight triangle as defined by this Ordinance.

C.

No freestanding sign shall be located within 50 feet of any other freestanding sign unless the Administrator determines that practical difficulties exist for locating the sign.

6.2.5 Sign illumination. Illuminated signs shall conform to the following:

A.

Illuminated signs shall have lighting directed in a manner as to illuminate only the sign face.

B.

External light sources shall not be visible from the right-of-way nor cause glare hazards to pedestrians, motorists, or adjacent properties.

C.

All lighting shall meet all applicable electrical codes.

D.

A new non-residential sign within 100 feet of an existing residential structure shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m.

6.2.6 Removal of signs in the right-of-way or on public property. The Administrator or designee may remove and destroy or otherwise dispose of any sign placed on public property or within any right-of-way of any public or private street. Penalties may be levied for each such sign as outlined in Section 2.3.4 of this Ordinance.

6.2.7 Removal of discontinued signs.

A.

If a conforming sign advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted, a blank sign face shall be installed within 60 days after such discontinuation.

B.

If a nonconforming sign advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted that sign and sign structure including, but not limited to, the supporting braces, anchors or similar components shall be considered discontinued regardless of reason or intent and shall, within 180 days after such discontinuation, be removed by the owner of the property where the sign is located.

6.2.8 Maintenance and upkeep of signs.

A.

Every sign and its support, braces, guys, anchors and electrical equipment shall be maintained in safe condition at all times. All signs shall be kept in a state of good repair and aesthetic condition, free from defective, rusting, or missing parts (i.e. broken sign facing, broken supports, loose appendages or struts, disfigured, cracked, ripped or peeling paint or poster paper) or missing letters or numbers and shall be able to withstand the wind pressure as prescribed in the NC Building Code. Illuminated signs shall not operate with partial illumination.

B.

Signs that are structurally unsafe and thereby endanger the public safety shall be removed unless they are repaired and made to comply with the requirements of the Building Code, as amended. If the Administrator or a Yadkin County Building Inspector find that any sign is dangerous or is menace to the public, he or she shall give written notice of such violations to the owner of the sign, or by leaving said notice with the manager or other person who is apparently in charge of the premises or by affixing a copy of the notice to the sign, sign structure or building for a period of five (5) days. The notice shall set forth the nature of the violation and order the violator to repair the sign in such a manner to be approved by the Administrator or Yadkin County Building Inspector in conformance with the provisions of this Section or remove the sign forthwith in the case of imminent instability or immediate danger of falling, and in any case within 10 days of receipt. If within 10 days the notice is not complied with, the Town shall have the authority to remove the sign at the recipient's expense and to destroy or otherwise dispose of same. In cases of emergency, the Town may cause the immediate removal of a dangerous or unsafe sign without notice.

The provisions of this section shall apply to the placement and display of temporary signage within the Town's jurisdiction. Any temporary sign that does not comply with the provisions of this Section is prohibited. Any sign which is permanently displayed shall comply with the provisions of Section 6.4, Permanent Signs.

6.3.1 Common standards. All temporary signs shall comply with the following common standards:

A.

Temporary signs shall not be illuminated or be provided with any electric service.

B.

Temporary signs shall not be placed within any public street right-of-way, including within medians, unless expressly permitted by this Ordinance or the North Carolina General Statutes and shall not be placed in a manner that obstructs clear sight distance (within the required sight triangle) for motorists at street intersections or driveways.

C.

Temporary signs attached to building walls (other than permitted window signs) shall not obstruct any window, door, fire department sprinkler connection, or street number sign.

D.

Temporary signs shall not be affixed to a permanent sign or its supporting structure, including both building mounted and freestanding permanent signs.

E.

Temporary signs, other than Type 4 Freestanding Temporary Signs, shall not be placed upon any sidewalk or other pedestrian walkway.

F.

Temporary signs shall not be placed on the roof of a building, or affixed to a motor vehicle, tree, utility pole or street sign.

G.

Temporary signs shall be constructed of durable weatherproof materials and shall not be made with unfinished plywood or paper.

H.

Where temporary signs are limited in the duration of their display and limited in the total number of displays per calendar year, any required period of separation between such displays shall carry through to the following calendar year, and shall be observed prior to initiating the first allowed display during the new calendar year.

6.3.2 Temporary freestanding signs.

6.3.2.1 General provisions. The following standards shall apply to all Freestanding Temporary Signs:

A.

Signs shall not be affixed to poles, posts, stakes or other supporting structures that are permanently installed or anchored into the ground through the use of concrete foundations or similar anchoring techniques.

B.

Signs, other than Type 4 Freestanding Temporary signs, shall be set back from the edge of the right-of-way by a minimum of five (5) feet.

C.

No more than one (1) Freestanding Temporary Sign may be displayed on a parcel or group of adjacent parcels under common ownership or tenancy at any given time, unless otherwise expressly permitted. This does not apply to Type 4 temporary signs, which are permitted for each business or organization.

6.3.2.2 Type 1 freestanding temporary signs. Signs in this category consist of small, temporary yard signs that are typically associated with (but not limited to) the advertisement of real estate, political campaigns and meeting announcements. Such signs are also subject to NC GS 136-32(b).

6.3.2.3 Type 2 Freestanding temporary signs. Signs in this category are typically referred to as "banners" that are typically associated with (but not limited to) the announcement of community, sporting and similar special events.

6.3.2.4 Type 3 freestanding temporary signs. Signs in this category are large temporary signs typically associated with (but not limited to) the advertisement of large tracts of land for sale, construction and development activity or the advertisement of commercial or industrial buildings for sale or lease.

6.3.2.5 Type 4 freestanding temporary signs. The category of signs defined as Type 4 Freestanding Temporary signs shall include only those signs which are constructed in a manner that is commonly referred to as an "A-frame" or "sandwich board" sign. The faces of the sign shall be connected at the top by hinges or similar mechanisms and the sign shall be self-supporting when placed in its display position.

Figure 6.3 Temporary Freestanding Sign Types

Table 6.1 Temporary Freestanding Sign Criteria

6.3.3 Temporary building mounted signs.

6.3.3.1 Wall banners. Signs in this category are made of flexible canvas or vinyl material and attached to a building wall. Wall banners are typically associated with (but not limited to) the announcement or advertisement of special events, sales, or promotions or to announce employment opportunities.

6.3.3.2 Window signs. Signs in this category are temporarily attached to or painted on a window or door. Window signs are typically associated with (but not limited to) the announcement or advertisement of special events, sales, or promotions or to announce employment opportunities.

Table 6.2 Temporary Building Sign Criteria

(ZTA Ord. No. 2021-04, § 4, 2-7-22)

The provisions of this section shall apply to the placement and display of permanent signage within the Town's jurisdiction. Permanent signage is installed with the intent that the sign will be constantly on display for a period of greater than 30 days, for the duration that a business, or organization, or other entity is operating at that location.

6.4.1 Building signs. A permanent sign that is affixed to a building wall, window (larger than one square foot), canopy or awning shall meet the standards of this Section and are subject to the issuance of a Zoning Permit. Building signs are allowed for permitted non-residential uses.

Figure 6.4 Building Sign Types

6.4.1.1 District and size standards.

Table 6.3 Building Sign District and Size Standards

6.4.1.2 Design standards.

A.

Canopy signs shall not cover more than 50% of the canopy area. Canopies shall not be backlit.

B.

Permanent window signs shall not comprise more than 25% of the window area in addition to the maximum area requirements of Section 6.4.1.1 above.

C.

Wall signs shall not project more than 12 inches from the wall face, except for projecting signs which may project up to five (5) feet. Projecting signs shall provide a minimum eight (8) foot vertical clearance.

D.

Projecting signs shall be limited to 16 square feet per façade.

E.

Wall signs shall not extend above the parapet or eave of the building.

F.

Permanent window signs that cover more than 10% of the glazed area of a window shall be considered permanent wall signs and shall be permitted as such.

G.

Up to 50% of the allowable area of a wall sign may be manual changeable copy. No changeable copy feature is permitted to be included on a projecting, canopy, or awning sign.

H.

Wall signs on buildings within the CB shall be placed within the sign frieze, or distinct place within which a wall sign was intended to be located, if the building was designed for such. If a sign frieze is present, a wall sign placed within the frieze shall be permitted to exceed the maximum permitted sign area. No wall sign shall extend beyond such space. If there is no sign frieze, the wall sign shall be placed below the typical second floor window area. The design and coloration of such signs shall be compatible with the character of the building.

I.

Repair, replacement or replicas of historic signs, including internally illuminated, back-lighted, indirect, exposed bulb, or neon signs, are permitted in the CB zoning district. A photo, picture, drawing, or sketch of the original sign established prior to 1968 shall be provided to the Administrator.

6.4.2 Freestanding signs. A freestanding sign located on-site that is permanently mounted to the ground shall meet the following requirements and are subject to the issuance of a Zoning Permit. Freestanding ground signs are permitted for any principal nonresidential use in any zoning district. They may also be established in association with multi-family residential developments and single family residential developments containing 20 or more dwelling units.

Figure 6.4 Freestanding Sign Types

6.4.2.1 District and size standards.

Table 6.4 Freestanding Sign District and Size Standards

6.4.2.2 Design standards.

A.

Manual changeable copy area may be included on any freestanding sign. The area devoted to changeable copy shall be limited to 75% of the total area of the sign face for signs in the OI, NB, HB, LI, and HI zoning districts. In all other districts, the maximum changeable copy shall be limited to 50% of the total area of the sign face.

B.

LED electronic changeable copy area may be included on any conforming freestanding sign for any government-owned or leased property and any use in the Institutional, Government and Civic use group or in any district provided that the following criteria are met:

1.

Full color, single color and grayscale LED displays are permitted. One LED display is allowed within the sign. The area devoted to electronic changeable copy shall be limited to 75% of the total area of the sign face. The maximum height of the LED portion of the sign shall be eight (8) feet.

2.

Pulsating or flashing sign structures or messages are prohibited. Change of messages shall occur simultaneously on the entire sign face. Each message shall be displayed for a duration of no less than eight (8) seconds in time and any change of message must occur within two (2) seconds in time. All signs that include an electronic changeable copy feature shall meet the minimum North Carolina Department of Transportation requirements for lighting and message duration contained in NC Administrative Code 2E.0203 (3a-c & 4a (i—iii)).

3.

Each LED sign shall contain a default mechanism that freezes the image in one (1) position in the event of malfunction. The sign owner or operator shall respond to a malfunction within one (1) hour of Town notification of the malfunction.

4.

LED displays shall automatically adjust its intensity of illumination based on the natural light conditions occurring at the time of adjustment. Every sign must be equipped with a dimming mechanism that adjusts display brightness to accommodate varying ambient light conditions. The display may be illuminated at 100% in full sunlight, but must be reduced proportionally to a maximum of 25% in total darkness.

5.

The maximum hours of operation of an LED sign shall be limited from 6:00 a.m. to 12:00 a.m. (midnight).

C.

LED electronic changeable copy is permitted for automotive service uses with gas sales up to 20% of the total sign area.

D.

All freestanding signs located within parking or vehicular use areas, and not in yard areas, shall stand in a bed of landscaping at least 30 square feet in area. This area shall contain low growing materials such as ground covers, perennials, and shrubs, and shall be bordered by acceptable curbing materials as specified in Section 4.5.5 of this Ordinance.

E.

Pole signs shall be wrapped in an encasement a minimum of 18 inches wide, and shall not have a top to base ratio of greater than 3:1.

Figure 6.5 Encased Pole Sign Proportions

(Ord. of 11-2-2020, ZTA 2020-03)

The following signs are expressly prohibited within the Town of Yadkinville and its extraterritorial jurisdiction (ETJ):

6.5.1 Signs that obstruct visibility. Signs that substantially interfere with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets or private roads or driveways or that obstruct the motorist's view of approaching, merging or intersecting traffic including, but not limited to, signs in excess of three (3) feet in sight triangles.

6.5.2 Signs emitting glare. Signs with light sources or reflectivity of such brightness that result in glare, blinding or any other such adverse effect on motorist vision or into or upon any residential building not related to the signs; or which interfere with the effectiveness of, or obscures an official traffic sign, device or signal.

6.5.3 Simulated public safety, warning, or traffic signs. Signs by their location, color, illumination, size, shape, nature, message or appearance tend to obstruct the view of or be confused with official traffic, safety or warning signs or lights or other devices erected by governmental agencies. This prohibition includes signs having no bona fide safety necessity, involving the terms "CAUTION", "DANGER", "SLOW", "STOP" OR "YIELD", or which utilize geometric figures, symbols, lights, location or message not unlike official traffic, safety or warning signs, signals or lights. Provided, however, this provision is not intended to prevent the placement on private property of signs with "stop", "yield" or other such wording or design where such is necessary for traffic control or other such legitimate notice to the public.

6.5.4 Signs that obstruct ingress/egress. Any sign located outdoors which interferes with free passage from or obstructs any fire escape, downspout, window, door, stairway, ladder, or opening intended as a means of ingress or egress or providing light or air.

6.5.5 Snipe signs. Signs placed upon or attached to any curb, utility pole, post, fence, hydrant, bridge, another sign or other surface, public bench, streetlight, or any tree, rock or other natural object located on, over or across any public street or public property. Provided, however, this provision shall not apply to the posting of public interest, security and warning signs nor to street signs placed upon poles by governmental units for designating the names of streets.

6.5.6 Signs below minimum clearance. Signs, marquees, canopies and awnings with vertical clearance of less than eight (8) feet above sidewalks and pedestrian areas and less than one (1) feet above parking or vehicular passage areas.

6.5.7 Flashing signs. Signs or devices with flashing, pulsating, or animated images or messages. See Section 6.4.2.2(B) for LED sign standards for acceptable message display duration.

6.5.8 Signs in rights-of-way. Signs erected in or over any public right-of-way except for major special event signs by special permit, governmental signs, and signs subject to NC GS 136-32 prior to elections.

6.5.9 Obscene signs. Signs containing words or graphics that are obscene, as defined in North Carolina General Statute 14 190.1.

6.5.10 Signs placed without permission. Signs placed on property without permission of its owners or agent.

6.5.11 Unspecified temporary signs. Portable or temporary signs except as permitted by Section 6.3.

6.5.12 Feather flag or shark fin signs. Vertically displayed banner signs or flags mounted or attached to poles, where the height of the banner or flag exceeds 25% of the height of the pole when erected in its display position.

6.5.13 Festooned signage or lighting. Signs or devices containing or consisting of pennants, ribbons, streamers, or suspended light strands placed to attract attention.

6.5.14 Motion signs. Signs that rotate have mechanical moving parts propelled by the wind or my motor. Spinners, whirligigs, and similar devices placed to attract attention are included in this prohibition.

6.5.15 Facsimile signs. Three-dimensional (3D) objects or human figures which may or may not contain advertising matter, and may or may not contain information about products sold on the premises, and is located in such a manner as to attract attention.

6.5.16 Roof signs. Signs erected in whole or in part on, upon or over the roof or parapet of a building or structure and which is wholly or partially dependent upon the roof of the building or structure for support.

6.5.17 Un-encased pole signs. Signs with a single support pole that is not wrapped in an encasement as set forth in Section 6.4.2.2(D).

6.5.18 Vehicle signs. Signs placed upon, painted on, attached to or displayed on parked vehicles or trailers, where the primary purpose of the vehicle or trailer is to advertise a product or business or to direct people to a business or activity.

6.5.19 Inflatable signs. Signs inflated with air including balloons having a width, height, depth or circumference of greater than two (2) feet.

6.5.20 Pavement signs. Signs painted on or adhered to a paving surface, other than for safety or directional control.

6.5.21 Transportable signs. Any sign whose sign face was initially constructed and designed to be placed and/or transported on wheels, regardless if said sign face is removed from its base and placed on or in the ground so as to otherwise classify said sign as a "freestanding" sign as herein defined.

6.5.22 Outdoor advertising (billboard) signs. Signs that are leased for advertising or message space to entities not located on the same site as the sign.

6.5.23 Other signs not expressly permitted. Other signs not expressly permitted in this Ordinance are prohibited.