(a) Administration. The planning and development department of the City of Asheville shall be responsible for the administration and enforcement of this article. The director of planning and development 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 7-13-2(b), but also enforcement of the provisions of this article.
(b) Permit requirements.
(1) General requirements. Except as otherwise provided in subsections 7-13-2(c) and 7-13-2(d) it shall be unlawful to erect or maintain any sign or sign structure without first obtaining a sign permit. Further, no permit for a new sign may be issued on a property until any residual sign structure from a previous sign no longer in use has been removed.
Application for the permit shall be made in writing on forms furnished by the sign administration and signed by the applicant or authorized agent. Furthermore, maintenance requirements covered under section 7-13-6 [hereinafter] shall also require a sign permit. The procedure to use to apply for a sign permit is found in section 7-5-16 of this chapter. Failure to secure a permit shall constitute a violation of this article.
(2) 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 provisions of this chapter.
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 7-13-2(b)(2)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 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; and 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, with 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.
(3.1) American flags flown in accordance with federal guidelines set forth in Title 4, Chapter 1 of the United States Code.
(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 a manner prohibited under section 7-13-3 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. All such vehicles must have current and valid registration and inspection.
(8) Trademarks or product names which are displayed as part of vending machines, dispensing machines, 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 August 28, 1990 which identify buildings and which are permanently integrated by etching, embossing and/or engraving or which are otherwise permanently made a part of building façades. 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 16-97 of the Code of Ordinances of the City of Asheville.
(14) Signs affixed to windows of vehicles displaying the terms of sale of said vehicles.
(15) Signs approved as part of the city's officially adopted Wayfinding program.
(d) Signs exempt from permit requirements. 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. A minimum setback of ten feet is required for any real estate sign greater than ten square feet per face. There is no minimum setback requirement for real estate signs containing ten square feet or less.
(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. Directional signs shall not exceed four square feet per face, two faces per sign, and shall not exceed three feet in height if freestanding. Directional signs shall not be located on the roof of any structure. The maximum number of directional 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.
(6) Political signs. Signs for candidates or election for issues on a ballot shall be allowed in any zoning district providing such signs do not exceed equity 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 first official day of polling for the appropriate primary, or 45 days before the appropriate general or run-off 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-premises 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 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.
a. Freestanding 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 multi-family residential or non- residential construction, and a maximum of ten feet in height. A minimum setback of ten feet is required.
b. Construction signs attached to construction screening: When used in lieu of a freestanding construction sign, construction signage may be attached to construction screening materials. Signs may only show the following:
i. Images and/or renderings of the project as it is to be constructed;
ii. Approved site and/or landscaping plans;
iii. The name and contact information of developer(s), contractors and/or financiers engaged in work on the site.
c. Construction signs shall not be erected prior to the issuance of a building grading permit and shall be removed within seven days of the issuance of a certificate of compliance.
(8) Automatic teller machine signs. Signs contained on automatic teller machines which do not exceed 15 square feet in area per machine.
(9) Push cart signs. Signs contained on vendor push carts which do not exceed 15 square feet in area per push cart.
(10) Umbrella signs. Umbrella signs are non-illuminated signs painted or printed on umbrellas. The umbrellas on which such signs are painted or printed shall be located only at lawfully permitted outdoor eating or drinking places. Umbrellas shall not be erected at an acute angle for the purpose of serving as signage. Umbrella signs shall be located on the umbrella itself and shall not be suspended from or otherwise hang from an umbrella. The signage contained on any one umbrella sign shall not exceed 25 percent of the surface area of the umbrella cloth.
(11) 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.
(12) Business signs on vehicles. Signs displaying a business name, trademark, or other identifier shall be allowed provided the vehicles are moved periodically during the normal course of business and maintain a current and valid registration and inspection. When not in use and parked on the business property, said vehicles are to be parked in properly striped parking spaces or loading zones and shall not obscure the visibility of any adjacent business sign(s). When parked off-site, said vehicles shall be parked in such a manner so as to minimize their visibility from the street and other public properties.
(13) Advertisements on city buses. Advertisements on city buses must be consistent with current city policy.
(14) Signs for temporary uses. Signs shall be allowed in conjunction with lawfully established temporary uses in all districts. Such signs must be located on the parcel on which the temporary use is occurring and may be attached or freestanding. Portable or moveable signs are not permitted. Temporary uses may be permitted up to two signs. These signs shall not exceed a cumulative total of 32 square feet in area in nonresidential districts or on property occupied by an institutional use in a residential district. In residential districts, signs for temporary uses, other than those on properties occupied by an institutional use, shall not exceed a cumulative total of four square feet in area. Signs for temporary uses are allowed for the duration of the temporary use.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2377, § 1, 6-10-97; Ord. No. 2777, §§ 1(c)—1(e), 12-19-00; Ord. No. 3276, § 1(b), 8-9-05; Ord. No. 3571, § 1(b), 1-8-08; Ord. No. 3642, §§ 1c—f, 9-9-08; Ord. No. 3677, § 1b, 11-25-08; Ord. No. 3792, § 1c, 9-22-09; Ord. No. 4064, §§ 1a, b, 2-28-12; Ord. No. 4208, § 1b, 6-25-13; Ord. No. 4416, § 1b, 5-26-15)