Notes
| 1 | Editor's note(s)—Ord. No. 2369, § 1, adopted May 27, 1997, repealed App. A, in its entirety, which pertained to the city's zoning regulations. Said ordinance also enacted provisions designated as a new Ch. 7 which pertain to development and a new App. A pertaining to sign regulations. See the Code Comparative Table for a detailed analysis of inclusion of Ord. No. 2369. |
ARTICLE 9. SIGN REGULATIONS
A. Purpose of sign regulations. The purpose of this article is to provide sign standards and restrictions which allow for the legitimate needs for identification of residential, office, commercial, industrial and other activities while at the same time promoting signs which do not unduly detract from the overall aesthetics of the community; which reduce intrusions and protect property values; which provide for improved public safety by minimizing undue distraction of the motoring public; which provide standards for the erection and maintenance of signs; which provide for the protection and enhancement of the tourist industry by promoting a more harmonious and pleasing community image; which provide equitably for the nature and scale of the activities to be identified; and which generally enhance and strengthen the economic stability of the City of Asheville.
B. Scope. The provisions of this article shall apply to the erection and maintenance of all signs within the zoning jurisdiction of the City of Asheville (section 30-1-3 of the Zoning Ordinance of the City of Asheville), and it shall be unlawful following the effective date of this article to erect or maintain any sign except in conformance with provisions of this article. Furthermore, it shall be unlawful to alter, maintain, move, relocate or enlarge any sign erected or constructed prior to the enactment of this article except to bring the sign in conformance with this article.
(Ord. No. 1863, § 2(30-9-1), 8-28-90; Ord. No. 2369, § 1, 5-27-97)
Abandoned sign or sign structure. A sign or sign structure which was erected on property in conjunction with a particular use which has been discontinued for a period of 90 days or more or a sign of which the contents pertain to a time, event or purpose which no longer applies or which has occurred.
Animated sign. Any sign using flashing or intermittent lights, sound, color changes or other mechanical or electrical means to give motion to the sign or the impression of motion or movement to the sign or any sign with visible moving, revolving or relocating parts; provided, however, this shall not include time, date and temperature or electronic message signs as hereinafter defined.
Attached sign. Any sign attached to, applied on, or supported by any part of a building, including, but not limited to, a wall, window, or projecting sign, or a sign on a canopy, awning or marquee.
Awning. A temporary hood or cover which projects from the wall of a building, and which may include a type which can be retracted, folded or collapsed against the face of a supporting building.
Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclosing walls for 50 percent of its perimeter. The term "building" shall be construed as if followed by the words "or part thereof."
Building frontage. The linear length of only that portion of a building used by an individual tenant in a multiple tenant development and which faces a public street or alley.
Canopy. A permanent attached structure which projects from and is supported by a building, which serves as a cover providing shelter or decoration and which extends beyond the building.
Changeable copy sign. Any permanently enframed sign, illuminated or not, which is principally devoted to and designed for changeable text and graphics, but which specifically excludes time/date/temperature signs and electronic message marquee signs as hereinafter defined. Portable or moveable signs are not considered changeable copy signs.
Clearance. The vertical distance from the established finished grade to the lowest edge of the sign.
Commemorative sign. Any sign erected in remembrance of a historical person, place or event or which denotes, honors, celebrates or acknowledges a historical person, place or event.
Construction sign. A sign whose message is limited to identification of architects, engineers, contractors, and other persons involved with the construction project or to the name of the building being constructed, the intended purpose of the building and the expected completion date.
Development identification sign. A sign bearing only the name of the multiple tenant development.
Directional sign. A sign or guide whose sole purpose is to direct pedestrian or vehicular traffic on the premises on which it is displayed. Examples include "in," "out," "entrance," "exit" and "driveway."
Eave line. The point where a cornice or projection occurs at the top of an exterior building wall.
Electronic message signs. Signs which display changeable information electronically in an easily comprehensible way. All messages shall be visible for a minimum of three seconds and shall be kept accurate. Electronic message signs shall include tri-panel message systems as well as automatic changeable copy signage. These will not be deemed to constitute changeable copy or animated signs and are permitted only on marquee signs.
Erect. To construct, build, raise, assemble, install, place, replace, locate, relocate, affix, attach, display, alter, use, create, paint, draw, illuminate, or in any other way bring into being or establish.
Externally illuminated sign. Any sign which reflects light from a source intentionally directed upon it, for example, by means of floodlights or externally mounted fluorescent light fixtures.
Facade. The entire building sides including parapet and wingwalls.
Flashing sign. A sign illuminated by direct or indirect artificial light that flashes on and off in regular or irregular sequences, including, but not limited to strobe light.
Freestanding pole sign. A sign which is permanently affixed to the ground by a pole or other structure and which is not part of the building.
Governmental sign. Any sign erected by or on the order of an authorized public official which includes, but is not limited to, traffic control signs, street name and identification signs, warning and directional signs, public notices or signs of a similar nature.
Grade. The lowest point at which a sign is attached to the ground.
Ground sign. A freestanding sign flush to the ground and not elevated upon poles or stanchions and not attached to the building.
Group development. A development as defined in article 6 of chapter 30 [this appendix] of the Code of Ordinances of the City of Asheville.
Height. The vertical distance between the highest part of the sign or its supporting structure, whichever is highest, and the base of the sign at grade.
Home occupation sign. A sign used for a home occupation as defined in article 2 of chapter 30 [this appendix] of the Code of Ordinances of the City of Asheville.
Identification sign. A sign used to identify, indicate or advertise the name, logo or other identifying symbol of a building, business, profession, institution, service, or entertainment conducted on the lot upon which the sign is located.
Incidental sign. A single face professional or announcement sign attached wholly to a building, window or door containing information relative to emergencies, store hours, credit cards honored and other similar accessory information.
Inflatable balloon sign. A sign which is inflated with air or other gases. Self-propelling aircraft and hot air balloons not tethered to the ground or a structure which include advertising are specifically excluded.
Internally illuminated. Any sign designed to provide artificial light either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign.
Joint identification sign. A sign bearing the name of individual tenants located within a multiple tenant development and which may include the name of the multiple tenant development.
Logo. A business symbol or trademark.
Lot. A parcel of land occupied or intended for occupancy for a building together with its accessory building, including the open space required under chapter 30 [this appendix] of the Code of Ordinances of the City of Asheville. For the purposes of this article the word "lot" shall be taken to mean any number of contiguous lots or portions thereof, upon which one or more main structures for a single use are to be erected.
Marquee. A sign of a theatre, auditorium, fairground or museum which advertises current and scheduled events. Marquees may include, incorporate or consist of electronic message signage. Marquees are not allowed in residential districts.
Maintain. To clean, paint, repair or replace defective parts of a sign in a manner that does not alter the basic design or structure of the sign.
Menu board. A freestanding or wall mounted sign primarily designed for the display of menu items and prices for the purpose of placing orders for such items in conjunction with a restaurant utilizing drive-through service.
Multiple tenant development. A development in which there exists a number of individual and/or separate activities and in which there are appurtenant shared facilities (such as parking areas or pedestrian mall areas).
Nonconforming sign. Any sign which was allowed when erected or displayed but which does not conform with the standards of this article and any sign which was not allowed, but was nonetheless impermissibly erected or displayed, before the effective date of this article.
Off-premises sign. Any sign used for the purpose of displaying, advertising, identifying or directing attention to business products, operations or services sold or offered on a lot other than on the lot where such sign is displayed.
On-premises sign. Any sign used for the purpose of displaying, advertising, identifying or directing attention to a business, products, operations or services sold or offered on the lot where the sign is located.
Parapet. That portion of a building wall that rises above the roof line.
Person. Includes individuals, corporations, partnerships, associations, legal representatives, trustees, trustees in bankruptcy or receivers.
Portable or moveable sign. Any sign designed or intended to be readily relocated and not permanently affixed to the ground or to a building. This shall include signs on wheels, trailers, truck beds or any other device which is intended to be moved from one location to another.
Projecting sign. A sign end-mounted or otherwise attached to an exterior wall of a building and which projects from the wall.
Roof sign. Any sign erected, constructed or maintained on, upon or over the roof of any building or structure and which is wholly or partially dependent upon the roof or the building structure for support.
Sandwich board signs. Any portable sign which is single or double faced, which may readily be moved from place to place, and which is intended to be used on a sidewalk or pedestrian way.
Setback. For the purpose of this article, setback shall mean the horizontal distance between the leading face of the curb of a street and the closest point of a sign or sign structure on such lot. Where there is no curb, the measurement shall be made from the edge of the pavement.
Sign. Any words, lettering, numerals, parts of letters or numerals, figures, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which anything is known, made of any material, except live vegetation, including any surface, fabric, or other material background structure designed to carry such devices, as are used to designate at attract attention. This definition shall not be interpreted to include awnings except for the portion of an awning which contains a message, logo, emblem, or similar wording or symbols and any background which highlights such message, logo, emblem, or similar wording or symbols. Furthermore, this definition shall not be interpreted to include architectural features of a building even when such features (i.e. roof style/color) are identifiable with a certain establishment.
Sign structure. Any structure which supports, has supported or is capable of supporting a sign, including any decorative cover for said sign structure.
Single tenant. A single business establishment, activity or use.
Soffit. The underside of a structural component such as an arch, beam or cornice.
Street frontage. That portion of a lot abutting a publicly maintained street or alley.
Suspended or transom sign. A sign which is suspended from the underside of a horizontal plane surface, such as a canopy or marquee, and which is supported by such surface.
Temporary sign. A sign with or without a structural frame, not permanently attached to a building, structure or the ground and intended for a limited period of display; provided, however, this shall specifically exclude portable or moveable signs which are hereinafter prohibited.
Time/date/temperature sign. A sign containing numerals or letters, which may be alternately displayed, and which alternating portion only shows the time, date and/or temperature. This sign shall not be considered a flashing or an animated sign.
Trademark. A name, symbol, or other device identifying a product which is officially registered and legally restricted to the use by its owner.
Wall sign. Any sign painted or attached flat against and parallel to the exterior wall or surface of a building or other structure and/or which projects from that wall or surface.
Wind sign. A suspended sign made of a flexible material such as canvas, sailcloth, plastic or waterproof paper, including, but not limited to, banners, pennants, spinners or streamers.
Window sign. A sign which is permanently painted on, permanently attached to or designed to be visible through a window, excluding displays of merchandise.
(Ord. No. 1863, § 2(30-9-2), 8-28-90; Ord. No. 2189, § 2, 2-21-95; Ord. No. 2254, §§ 2, 3, 1-9-96; Ord. No. 2369, § 1, 5-27-97)
A. Administration. The planning department of the City of Asheville shall be responsible for the administration and enforcement of this article. The director of planning shall appoint a sign administrator to administer and enforce the terms and conditions of this article and all other provisions of laws relating to signs. The duties of the sign administrator shall include not only the issuance of permits as required in subsection (B) of this section, but also enforcement of the provisions of this article.
B. Permit requirements.
1. General requirements. Except as otherwise provided in section 30-9-3(C) and 30-9-3(D), it shall be unlawful to erect or maintain any sign or sign structure without first obtaining a sign permit. Application for the permit shall be made in writing on forms furnished by the sign administrator and signed by the applicant or authorized agent. No permit shall be required, however, for the maintenance requirements of section 30-9-7 hereinafter. Failure to secure a permit shall constitute a violation of this article.
2. Plans, specifications and other data required. The application shall be accompanied by complete information as required on forms provided by the sign administrator and shall include, without being limited to, a site plan and elevation drawings of the proposed sign, a drawing of the building facade indicating the proposed location of the sign, height, dimensions and square footage of the proposed sign and any other data as the sign administrator may determine is necessary for review of the application. The sign administrator shall not issue a sign permit unless the plans, specifications and intended use of such sign conform in all respects to the applicable provisions of this article.
3. Fees.
(a) Generally. A sign permit fee shall be paid to the City of Asheville for each sign permit applied for in accordance with this article in an amount determined by the City of Asheville through the adoption of its fees and charges manual and based on the size of the sign. This permit fee does not include electrical permit fees, which shall be additional. A sign permit fee shall not be charged for replacing a nonconforming sign with a conforming sign or for bringing a nonconforming sign into conformance with this article if such action is undertaken voluntarily within three years of the effective date of this article.
(b) When fees payable. Sign permit fees shall be paid upon the application for a sign permit and prior to commencement of any sign construction on the lot where the sign will be located.
(c) Late fee. Work performed without a permit shall be subject to a late fee as set forth in the City of Asheville fees and charges manual.
4. Revocation of permits for nonuse.
(a) Commencement of work. If actual work for the permitted sign on the site is not commenced within 60 days from the date of such sign permit or if substantial work for the permitted sign is suspended for a period of 60 consecutive days after issuance of the sign permit, the permit shall automatically become null and void. Provided, however, for new construction, the sign permit shall not become null and void until 60 days after the certificate of compliance has been issued.
(b) Extensions of time. The provisions of subsection (a) above shall not apply when delays are not a result of willful acts or neglect of the persons obtaining the permit. In that event, the sign administrator may grant an extension of time within which operations must be started or resumed. All requests for such extensions and approval thereof shall be in writing.
5. Forfeiture of fees. When any permit has been revoked under the terms of this article, the permit fees shall not be refunded. If a sign permit is denied, however, the permit fee will be refunded.
6. Licenses.
(a) Sign contractor's license. No person shall engage in the business of erecting or maintaining signs in the City of Asheville unless said person has been issued a sign contractor's license which has not expired at the time said work is done. This requirement shall be interpreted to exclude those persons who construct and erect a principal use identification sign when that sign is used at that person's place of business, provided all construction and installation is properly permitted and inspected for compliance with the applicable building codes of the City of Asheville and other sections of this article.
(b) Outdoor advertising license. No person shall erect or maintain off-premises advertising structures in the City of Asheville unless said person has been issued an outdoor advertising license which has not expired at the time said work is done. In order to obtain an outdoor advertising license, the licensee must be a licensed sign contractor, as described in subsection (a) above, and must submit annually upon renewal of this license a listing of all sign structures leased, owned or maintained by the licensee. Such list shall give the specific location of each sign by reference to ward, sheet and tax lot number as indicated on the Buncombe County tax maps and by reference to the name of the property owner.
1. Signs which are not designed to be visible beyond the boundaries of the lot upon which they are located and/or from any public thoroughfare or right-of-way, except as such signs may be regulated hereinafter.
2. Official governmental notices and notices posted by governmental officers in the performance of their duties; governmental signs or signs installed under governmental authority which note the donation of buildings, structures or streetscape materials (such as, but not limited to, benches, trash cans, lampposts and park facilities).
3. Flags, pennants, or insignia of any nation, organization of nations, state, county or city, any religious, civic or fraternal organization, or any educational or cultural facility and/or any one corporate flag per lot; except when such are used in connection with a commercial promotion or as an advertising device or as an integral part of a sign regulated under this article.
4. Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, local or religious holiday/celebration.
5. Temporary or permanent signs erected by public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices or signs providing directions around such conditions.
6. Merchandise, pictures or models of products or services which are incorporated as an integral part of a window display.
7. Unless such signs are used in the manner prohibited under section 30-9-4 hereinafter, signs displayed on trucks, buses, trailers or other vehicles which are being operated in the normal course of a business, such as signs indicating the name of the owner or business and which are affixed or painted onto moving vans, delivery trucks, contractors' vehicles and equipment and the like, are exempt from regulation, provided that, when not being so operated, such vehicles are parked or stored in areas appropriate to their use as vehicles and in such a manner and location on the lot so as to minimize their visibility from any street to the greatest extent feasible.
8. Trademarks or product names which are displayed as part of vending machines, dispensing machines, automatic teller machines, and gasoline pumps.
9. Signs required for or specifically authorized for a public purpose by any law, statute or ordinance. These signs may be of any type, number, area, height above grade, location or illumination authorized by law, statute or ordinance under which such signs are required or authorized.
10. Signs that display information pertinent to the safety or legal responsibilities of the general public with regard to a particular piece of property shall be located on the premises to which the information pertains. No advertising may be affixed to such a sign.
11. Signs attached to buildings existing as of the effective date of this article which identify buildings and which are permanently integrated by etching, embossing and/or engraving or which are otherwise permanently made a part of building facades. These signs specifically include, but are not limited to, commemorative cornerstones.
12. Signs designated to be historically significant and/or landmark signs by the city council provided the signs satisfy one or more of the following criteria:
(a) The sign is significant to the history of the City of Asheville, including, but not limited to, the character of the city as a tourist attraction or cultural center.
(b) The sign is unique, notably aesthetic, or creative so as to make a significant contribution as a work of art.
(c) The sign merits recognition as an important example of technology, craftsmanship, materials or design of the period in which it was constructed and may no longer be economically feasible to produce or manufacture the sign today.
13. Temporary signs providing directions or other information in conjunction with a community festival or event permitted under section 25-16.1 [16-97] of the Code of Ordinances of the City of Asheville.
14. Signs affixed to windows of vehicles displaying the terms of sale for said vehicles.
D. Signs exempt from permit requirement. The following signs are allowed in all zoning districts and shall not require a sign permit. However, such signs shall conform to the requirements set forth below as well as to other applicable requirements of this article.
1. Real estate signs. Temporary signs advertising the sale, rental or lease of the property on which said signs are located are allowed, provided such signs are nonilluminated and do not exceed two signs per lot, do not exceed four feet in height and do not exceed four square feet per face for property zoned residential or do not exceed eight feet in height and do not exceed 32 square feet per face for property zoned other than residential. All such signs shall be removed within seven days after the closing of the sale, rental, or lease of the property.
2. Commemorative signs. Commemorative signs which do not exceed eight square feet per face in area and eight feet in height.
3. Directional signs. Directional signs shall be located on the premises to which directions are indicated. If advertising (name or logo) is used on these signs it shall be computed as part of the total allowable sign area for a lot. Directional signs shall not exceed four square feet per face, two faces per sign, and shall not exceed three feet in height if freestanding or six feet in height if attached to the principal or an accessory structure. The maximum number of signs allowed per lot shall be four. These signs may be internally or externally illuminated.
4. Incidental signs. Signs containing information necessary or convenient for persons coming on to a premises shall be located on the premises to which the information pertains. No advertising may be affixed to such a sign and these signs shall be single-faced only and wholly attached to a building (including the windows or doors). If advertising (name or logo) is used on these signs it shall be computed as part of the total allowable signage for a lot.
5. Copy changes and maintenance. No permit shall be required for copy changes made to a changeable copy sign, menu board, marquee sign or off-premises sign; provided any such changes do not change the classification of the sign under this article. No permit shall be required for maintenance where no structural changes are made.
6. Political signs. Signs of candidates for election or for issues on a ballot shall be allowed in any zoning district providing such signs do not exceed eight square feet in area per display face and two faces per sign. All such signs may not be erected prior to 30 days before the appropriate primary or 45 days before the appropriate general or run-off or referendum and must be removed within five days after the primary, general or run-off election or referendum. Provided, however, nothing herein shall prohibit the use of off-premise signs for such candidates or issues according to the restrictions for such signs in zoning districts where they are permitted. Such off-premises signs shall not be subject to the time limits for erection prior to or removal following any election. In all cases, the property owner and the political candidate shall be equally responsible for the removal of the signs.
7. Construction signs. Construction signs shall be allowed provided such signs do not exceed one sign per street frontage with a maximum of two signs per construction site. Such signs shall not exceed four square feet in area per display face, two faces per sign for single-family or duplex residential construction or 32 square feet in area per display face for multifamily residential or nonresidential construction, and a maximum of ten feet in height. Construction signs shall not be erected prior to the issuance of a building permit and shall be removed within seven days of the issuance of a certificate of compliance.
E. Noncommercial messages. Any sign, display, or device allowed under this article may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with size, lighting, and spacing requirements of this article.
(Ord. No. 1863, § 2(30-9-3), 8-28-90; Ord. No. 2076, § 1, 2-15-94; Ord. No. 2369, § 1, 5-27-97)
The following signs and/or sign features shall not be erected or maintained in any zoning district within the jurisdiction of the City of Ashe- ville:
A. Signs on roadside appurtenances. On- or off-premises signs on roadside appurtenances, including, but not limited to roadside benches, bus stop shelters, planters, utility poles, trees, parking meter poles and refuse containers, with the exception of commemorative signs or governmental signs.
B. Portable or moveable display signs erected on or after July 31, 1990. Between the effective date of this article and July 31, 1990, portable or moveable display signs shall be allowed in commercial service, commercial highway, light industrial and heavy industrial zoning districts for no more than 30 consecutive calendar days during any 90-day period. Following the expiration of said 90-day period which shall begin with the date specified on the appropriate sign permit, subsequent temporary sign permits may be applied for and issued. The size of the sign shall be limited to 50 square feet per face and only one sign shall be allowed per lot for single tenant development and only two signs shall be allowed per lot for multiple tenant development.
C. Signs located in the right-of-way. Signs, whether temporary or permanent, within any street or highway right-of-way, with the exception of governmental signs; provided, however, projecting signs which are allowed under section 30-9-5(B) hereinafter are not hereby prohibited and signs providing direction to churches, public auditoriums or properties designated as local or national historic properties, all of which are single-faced and no greater than two square foot in total area per sign and limited to nine feet in height are not hereby prohibited, but shall be allowed only by permit issued by the City of Asheville and shall be limited to three signs permitted per church, public auditorium or historic property.
D. Signs on vehicles. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign. This does not include temporary construction site vehicles on active construction sites.
E. Roof signs. Signs on the surfaces of a mansard roof and on parapets shall not, however, be hereby prohibited provided the signs do not extend higher than the height restriction for on-premises freestanding signs in the zoning district in which the sign is located and provided that the signs do not extend above the mansard roof or parapet to which they are attached.
F. Wind signs. Wind signs except in conjunction with a community festival or event sponsored by a nonprofit organization or a governmental agency and except as wind signs are allowed under section 30-9-5(A)(13) hereinafter. A sign permit must be obtained for any wind signs erected. Signs erected in conjunction with a community festival or event shall be allowed for seven days.
G. Off-premises signs in all residential, office institutional, commercial general, neighborhood commercial and central business zoning districts.
H. Off-premises signs in national and local historic districts or on national or local historic properties.
I. Off-premises signs along scenic drives. Off-premises signs designed to be visible from streets designated by the Asheville City Council as "scenic drives" and/or "park- ways."
J. Off-premises signs which are within 660 feet of the nearest edge of the right-of-way and visible from the maintained traveled way of the federal aid primary and interstate system, all as described in the Federal Highway Beautification Assistance Act of 1979, as amended, and which are constructed or erected on or after the effective date of this article. Provided, further, off-premises signs located specifically as described hereinbefore which were erected prior to the effective date of this article are not prohibited from continuing, notwithstanding their nonconformance with regulations of this article, other than conformance with the maintenance provisions set forth in section 30-9-7 hereinafter.
K. Signs of illusion. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion.
L. Signs resembling traffic signals. Signs displaying intermittent light resembling the flashing light customarily used in traffic signals, or used by police, fire, ambulance, or other emergency vehicles, nor shall any sign use the word "stop," "danger," or any other words, phrase, symbol, or character in a manner that might be misconstrued as a public safety warning or traffic sign.
M. Animated signs and flashing signs.
N. Abandoned signs or sign structures.
O. Signs obstructing access. Signs which obstruct free ingress to or egress from a driveway or a required door, window, fire escape or other required exitway.
P. Sandwich board signs.
(Ord. No. 1863, § 2(30-9-4), 8-28-90; Ord. No. 2369, § 1, 5-27-97)
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