The following signs and/or sign features shall not be erected or maintained in any zoning district within the planning and regulation jurisdiction of the City of Asheville. The board of adjustment shall not have the authority to grant variances so as to allow prohibited signs to be installed.
(1) 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.
(2) Signs located in the city right-of-way. Unless otherwise provided for in this article, all signs whether temporary or permanent, within any street right-of-way are prohibited; provided, further, projecting signs and community identification signs, which are permitted under subsection (b) hereafter, are not prohibited. In addition, signs providing directions to places of worship, public auditoriums, or to properties designated as local or national historic properties are not prohibited provided they meet the following standards: they may be double-faced and no larger than two square feet per face, two faces per sign, and limited to nine feet in height, with the maximum height to be determined by city staff based on such factors as, but not limited to, topography and sight distance at or near to the sign location, and shall be allowed only by permit issued by the city planning and development department in conjunction with approval from the city's traffic engineer, and shall be limited to two signs permitted per church, public auditorium, or historic property.
Additionally, written notification is required to the immediately adjacent property owner upon the city receiving an application for a sign in the right-of-way.
Furthermore, marquee signs used for the purpose of advertising current and scheduled events and information for a theater, auditorium, fairground, museum or combination of the same and located in the right-of-way in front of and within 100 feet of the entrance to the theater, auditorium, fairground, museum or combination of the same for which the sign(s) provide(s) such advertising and/or information are not hereby prohibited if located in the right-of-way of the abutting road within 100 feet of the Vance Monument in the central business district. Said marquee signs shall meet all dimensional requirements for marquee signs as set forth in subsection 7-13-4(b). The location of said marquee signs shall be approved by the department of public works.
Additionally, signs within any city street right-of-way which designate the right-of-way as being maintained by a certain person and/or in recognition of a certain person are not hereby prohibited and said signage shall be allowed only by permit issued by the city upon issuance of an encroachment agreement by the public works department, approval by the traffic engineer and the planning and development department. Said recognition signs shall not exceed six square feet per face, two faces per sign, nor be taller than four feet in height.
Signs located in NCDOT right-of-way.
No traffic control device or its support shall bear any advertising or commercial signage or any message that is not essential to traffic control. Any unauthorized sign placed within NCDOT rights-of- way by a private organization or individual constitutes a public nuisance and is strictly prohibited as outlined in the North Carolina Administrative Code 19A NCAC 2E.0415 (Advertising signs within right- of-way). Enforcement of this provision is primarily the responsibility of the NCDOT; provided, however, nothing herein shall preempt any right the city may have to enforce this provision or preclude the city from enforcing this provision.
(3) Signs or advertisements on vehicles. Signs or advertisements placed on vehicles or trailers that are parked or located for the primary purpose of displaying said sign are prohibited.
(4) Roof signs. Roof signs are prohibited; provided, however, signs on the surfaces of a mansard roof and on parapets shall not 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. The triangular portion of the wall enclosed by the sloping ends of a gable roof will be considered to be a part of the building wall.
(6) Off-premises signs—Some districts. Off-premises signs in all single-family residential zoning districts and in the Office, Office Business, Community Business I, Neighborhood Business, and Central Business Districts.
(7) Off-premises signs—Historic districts/properties. Off-premises signs in national and local historic districts or on national or local historic properties.
(8) 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 "parkways."
(9) Off-premises signs along federal aid primary and interstate system. 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 chapter. Provided, further, off-premises signs located specifically as described hereinbefore which were erected prior to the effective date of this chapter are not prohibited from continuing, not withstanding their nonconformance with regulations of this chapter, other than conformance with the maintenance provisions set forth in section 7-13-6 hereinafter.
(10) 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.
(11) 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.
(12) Animated signs and flashing signs.
(13) Abandoned signs or sign structures.
(14) 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.
(15) Sandwich board signs. Except in the Central Business District as permitted under the standards for A- frame signs found in subsection 7-13-4(a)(8) of this chapter.
(16) Portable or moveable display signs.
(17) Flags, decorative or otherwise, may not be used in conjunction with a commercial promotion or as an advertising device, or as an integral part of a sign regulated under this article. Flags that comply with the provisions as set forth in section 7-13-2(c)(3) of this chapter are not subject to this subsection.
(18) Snipe signs. See section 10-101 of the City of Asheville Code of Ordinances.
(19) Non-conforming, off-premises signs - Digital. Digital, non-conforming, off-premises signs are prohibited within the City of Asheville's jurisdiction. Any existing digital, non-conforming, off-premises sign that was properly permitted may be maintained as a non-conforming sign but may not be replaced or relocated.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2377, § 2, 6-10-97; Ord. No. 2407, § 3, 9-23-97; Ord. No. 2426, § 1, 11-11-97; Ord. No. 2617, § 1, 9-28-99; Ord. No. 2742, § 1(a), 9-12-00; Ord. No. 2777, §§ 1(f), 1(g), 12-19-00; Ord. No. 3043, § 1(a), 7-22-03; Ord. No. 3157, § 1(a)(9), 8-24-04; Ord. No. 3642, §§ 1g, h, 9-9-08; Ord. No. 3677, § 1c, 11-25-08; Ord. No. 4064, § 1d, 2-28-12; Ord. No. 4085, § 1a, 5-22-12; Ord. No. 4228, §§ 1a, b, 8-27-13)
Editor's note(s)—Ord. No. 4228, § 1a, adopted Aug. 27, 2013, changed the title of § 7-13-3 from "Signs prohibited in all zoning districts" to "Signs prohibited or requiring additional standards in all zoning districts."