(a) General provisions for on-premises signs. Following the effective date of this chapter, on-premises signs shall not be erected or maintained in any zoning district except in compliance with the provisions set forth in this chapter.
(1) Computation of sign area.
a. The area of a sign shall be considered to be that of the smallest figure consisting of no more than eight contiguous rectilinear lines which encompass all lettering, wording design or symbols, together with any background on which the sign is located and any illuminated part of the sign, if such background or such illuminated part of the sign is designed as an integral part of and related to the sign. Any cutouts or extensions shall be included in the area of the sign, but supports and bracing which are not intended as part of the sign shall be excluded. In the case of a multi-faced sign, the area of the sign shall be considered to include all faces visible from one direction.
b. The space between one identification sign and one changeable copy sign on a signpost or structure or attached to a building shall not be included in the total square footage if both signs serve a single business located on the lot. The space between two or more changeable copy components of a sign or between two or more permanent copy components of a sign shall be included, however, in the total square footage of sign area allowed.
c. Where three-dimensional figures are used as signs, the area shall be the total of all sides made an integral part of the projected figure used in conveying the intended message.
(2) Reserved.
(3) Encroachment into right-of-way. No part of any sign shall be located on or extended into a public right- of-way except as projecting signs are allowed by this article.
(4) Certificate of appropriateness. A certificate of appropriateness from the historic resources commission shall be required prior to the issuance of a sign permit for all signs located in local historic districts and on historic landmark properties.
(5) Time/date/temperature signs. Time, date and temperature signs which do not exceed ten square feet per face shall not be included in the allowable sign area, provided, however, if an existing freestanding sign is located on the lot, then the time, date and temperature sign must be incorporated into the existing freestanding sign. It shall be the responsibility of the owner of such signs to maintain such signs and insure that they are kept accurate. If these conditions are not met, the sign shall be repaired or removed.
(6) Signs for nonconforming uses. Signs for nonconforming uses, where such uses may be continued, shall be allowed, but shall comply with all regulations for signs in the zoning district where such signs are located.
(7) Illumination. Illuminated signs shall be subject to the following conditions:
a. Any light used for illumination shall be shielded so that the beams or rays of light will not shine into surrounding areas or on the public roadway.
b. Neither direct nor reflected light from any light source shall create a traffic hazard or distraction to operators of motor vehicles on public thoroughfares.
(8) Temporary signs. Temporary signs shall be allowed in all nonresidential zoning districts as follows:
a. Temporary signs which are affixed to the inside of a window and which do not exceed a cumulative total for all such signs of 16 square feet in area are allowed, without a permit, for each business.
b. Temporary signs affixed to the inside of windows and which exceed a cumulative total for all such signs of 16 square feet in area or, temporary signs which are freestanding or attached to a structure, other than at the inside of a window, shall be allowed twice a year per business shall be allowed for up to 60 days or may be divided into to a maximum of six separate ten-day occurrences, not to exceed 60 days in total. These signs shall not exceed 32 square feet in area and shall require a sign permit and shall be allowed for a time period of 30 days for each sign permitted. No time extensions shall be granted.
c. A-frame signs shall be permitted as temporary signs in the central business, neighborhood corridor, urban village, urban place, and urban residential zoning districts and the Biltmore Village Historic District provided that they comply with the following standards:
1. A-frame signs shall be a minimum of 28 inches tall and shall not exceed 48 inches in height. A-frame signs shall not exceed 24 inches in width. The A-frame structure shall be a minimum of 18 inches in width.
2. Businesses are permitted one A-frame sign per operable public entrance located on separate road frontages, in addition to all other signage permitted by this chapter provided all requirements for A-frame signs set forth in this section are met.
3. A-frame signs shall contain information and advertising for the business placing the sign only and shall not contain any endorsement or logos for any other business.
4. A-frame signs shall not block building entrances or exits and shall meet wind and safety standards.
5. A-frame signs shall have a locking arm or other device to stabilize the structure.
6. A-frame signs shall comply with requirements of Chapter 10 of the North Carolina Accessibility Code.
7. A-frame signs shall be displayed only during the hours of operation of the business being advertised.
8. A-frame signs shall be located abutting the building or the curb of the street.
9. A-frame signs shall not block access to parking spaces or block traffic lanes.
10. Prior to the placement of an A-frame sign, the business placing the sign shall provide verification of an insurance rider with the City of Asheville in the amount of $1,000,000.00.
11. A minimum sidewalk clearance of six feet in width must be maintained.
12. A-frame signs shall comply with the sight visibility triangle requirements set forth in section 7-11-3 of this chapter.
13. A temporary sign permit shall be required for A-frame signs in accordance with subsection 7-13-2(b) of this chapter. The temporary sign permit for A-frame signs shall be valid from time of issuance until the annual renewal of A-frame sign permits which occurs on July 1st of each year.
14. Businesses with street level public access shall place their A-frame sign(s) within the tenant frontage of the business.
15. Multi-tenant developments shall be permitted one A-frame sign per each common exterior public business entrance.
16. A-frame signs shall not be internally illuminated.
17. A-frame signs shall be spaced a minimum of 15 linear feet from all other permitted A-frame signs.
18. The City of Asheville may require the temporary removal of A-frame signs for special events.
d. Signs made of a temporary material may be permitted as a permanent sign for a period of up to six months, with a possible extension of up to an additional six months as approved by the planning director, provided all other applicable standards are met.
(9) Inflatable balloon sign. One inflatable balloon sign shall be allowed per commercial or industrial zoning district, limited to once a year per business. This limitation shall not apply, however, to community festivals or events permitted by the City of Asheville pursuant to section 16-97 of the Code of Ordinances of the City of Asheville. Further, inflatable balloon signs shall not be internally illuminated; shall not be higher than 25 feet above grade; and shall not be erected or maintained on a building parapet or roof. The time allowed for these signs shall not exceed ten days. These signs shall be located on either an attached, tethered or freestanding structure. The sign and its structure shall not block or inhibit the visibility of vehicular traffic or in any way pose a danger to pedestrians or vehicular traffic or property. The sign may advertise a product, service, or sponsor affiliated with the event or the event itself.
(10) Visibility. No sign or structure shall be erected or maintained to impede safe and adequate visibility from vehicles or for pedestrians.
(11) Signs for tall buildings. Buildings which are seven stories or greater in height shall be allowed one wall sign per side, not to exceed four sides, which signs shall be located at the seventh story or above and shall not exceed 125 square feet per sign. These signs shall be in lieu of and not in addition to the attached signs permitted for the zoning district wherein the building is located; provided, however, individual tenants with building frontage at the first floor (or street level) only shall be allowed tenant identification signs as set forth in subsection 7-13-4(c) hereinafter.
(12) Additional freestanding sign. Any business which has street frontage of less than 50 feet along a street shall be allowed one additional freestanding sign on its lot provided that the additional freestanding sign was erected under a valid permit prior to August 28, 1990 and, provided further, that one of the freestanding signs is located more than 200 feet from the street and that both freestanding signs conform with the provisions of this article.
(13) Wind signs. Wind signs shall be permitted in the central business district, in local historic districts, and in Level II and Level III projects developments which are retail shopping centers subject to the following regulations:
a. Wind signs shall be limited to one sign per pole, mastarm or other device and maintained in good condition without fraying, tearing or fading.
b. Wind signs shall be constructed of nylon, canvas or plastic material.
c. Each wind sign must be at least eight square feet in area and less than 24 square feet in area and all banners on the same lot must be consistent in colors and materials.
d. No wind sign may contain a commercial advertising message, name, or logo.
e. Clearance over sidewalks shall be a minimum of nine feet and clearance over streets, alleys or driveways shall be a minimum of 14 feet.
(14) Light emitting diode (LED) signs. LED signs shall be permitted for all changeable copy, time and temperature, and marquee signs as defined in 7-2-5 of this chapter and are subject to the following regulations:
a. All digital LED signs must comply with all other applicable standards set forth in this article.
b. No sign may be placed within 100 feet of a residential zoning district.
c. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. The image shall be static with all animation, streaming video, flashing, scrolling, fading, and other illusions of motion otherwise prohibited.
d. No sign shall be brighter than is necessary for clear and adequate visibility and shall not exceed a maximum of 5,000 nits during the day and 500 nits during nighttime hours.
e. No sign may display light of such intensity or brilliance to cause glare or otherwise impair the vision of the driver or result in a nuisance to a driver.
f. No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal.
g. All signs must be equipped with both a dimmer control and a photocell that automatically adjusts the display's intensity according to natural ambient light conditions.
h. Prior to issuance of a sign permit, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed 5,000 nits and that the intensity level is protected from end-user manipulation by password-protected software or other method determined appropriate by the planning director.
i. No more than fifty percent of the allowable detached sign face may be devoted to a digital changeable copy sign. Theaters and other public event facilities may exceed this standard so that eighty percent of the sign may be devoted to the digital marquee sign.
j. All digital marquee signs located in the Central Business District (CBD) must be reviewed by the downtown commission for conformance with all applicable design guidelines prior to the issuance of a new sign permit.
k. The images and messages displayed on a digital marquee sign in the CBshall remain static for a minimum of six seconds.
l. Digital or LED changeable copy messages shall remain static for a minimum of four hours.
m. Any sign found to be out of compliance with any standard of this section must be stopped immediately. Failure to comply would constitute non-compliance and would be subject to enforcement action set forth in subsection 7-18-2(b)(1).
(15) Real estate signs on multi-story buildings. Any building with three or more stories may be permitted one real estate banner provided that they comply with the following standards:
a. Must be made of a lightweight, flexible, all-weather material.
b. Signs shall be displayed for a period of time no greater than 120 days.
c. The square footage of the sign shall be a maximum of ten percent of the square footage of the wall face from which it hangs. Wall face measurements shall exclude elevator and stairwell towers, maintenance rooms and structured parking.
d. Regardless of wall face measurements, no sign may exceed 400 square feet.
e. Sign shall not hang lower than twenty feet above grade.
f. Sign shall be attached to the building for which it is advertising available space.
g. Signs shall not block or cover windows, mechanical openings, or interfere with equipment.
h. Sign should reflect the proportions of the wall on which it is attached. For example, a wall that is taller than wide shall dictate a sign that is the same.
i. No more than 20 percent of the sign face may be used to advertise a real estate office or logo, excluding phone numbers.
j. Large banner signs will be reviewed and permitted as permanent signs and shall meet all applicable standards of the NC Building Code & Fire Code.
(16) Special event signage. Members of a business association or civic group may place a single temporary sign for a special event on their property subject to the following requirements:
a. The duration of the event shall not exceed three days.
b. The sign is located on-premises.
c. The sign may be an attached sign or a wind sign.
d. The size of the sign or wind sign is limited to 12 square feet per face with two faces permitted.
e. The permit may cover a single event or a recurring series of events for a period not to exceed 30 days on a yearly basis.
f. Wind signs placed over sidewalks shall be at a minimum of nine feet and clearance over driveway areas shall be a minimum of 14 feet.
(b) On-premises signs: Single tenant development. The following sign regulations shall be applicable within the zoning districts indicated for single tenant development. Any sign not specifically allowed shall be deemed as prohibited.
(1) Signage for all residential zoning districts (RS-2, RS-4, RS-8, RM-6, RM-8, RM-16).
a. Signs allowed for nonresidential uses (excluding home occupations) within these zoning districts may be either:
Freestanding: | |
Pole | |
Ground | |
Changeable copy | |
Attached: | |
Projecting | |
Window | |
Wall | |
Suspended or transom | |
Awning/canopy | |
Changeable copy | |
b. One business or product identification sign is allowed per lot for nonresidential uses. For freestanding or attached signs, the total allowable area per face of selected signs (excluding home occupation signs) shall not exceed 15 square feet per face, with two faces per sign allowed. Signs may be either internally or externally illuminated. Additionally, the following requirements must be met based on the type of sign selected.
1. If freestanding pole or ground: The sign shall be a maximum of six feet in height with a minimum setback of ten feet. Signs shall not be located within any public right-of-way and shall not be located within a sight visibility triangle.
2. If projecting: Sign (excluding awning/canopy signs) shall not project more than three feet from the façade of the building. Clearance over sidewalks shall be at a minimum of nine feet and clearance over streets, alleys, or driveways shall be at a minimum of 14 feet. Signs shall not project above the third story of the building or above the building soffit, eave line, or building parapet.
3. If window: Only permanent identification signs are allowed as window signs; provided, however, temporary signs which are placed in or on windows shall be allowed when complying with section 7-13-4(a)8. hereinbefore. Window signs are not allowed above the third story of a building.
4. If wall: Maximum projection from a wall shall be 12 inches.
5. If suspended or transom: Clearance over sidewalks shall be a minimum of nine feet.
c. Subdivision and multi-family development identification signs may contain the name of the development only and must either be freestanding ground signs or attached wall signs. If the signs are freestanding ground signs, the height shall be limited to six feet from grade and the minimum setback shall be ten feet. Only two entrances to the development may have a sign. The main entrance sign shall have no more than 16 square feet per face, two faces per sign. The secondary entrance sign shall have no more than eight square feet per face, two faces per sign. Only two sign faces shall be allowed at each entrance, however, said sign faces may be on two individual sign structures.
d. Places of worship, schools and institutions located in residential zoning districts are allowed a total of 60 square feet of signage to be located on a maximum of two signs, only one of which may be freestanding. One of the allowed signs may contain a changeable copy panel. No signs may contain more than 30 square feet per face with two faces per sign and a maximum of six feet in height and a minimum setback of ten feet.
e. Attached home occupation signs shall not exceed one square foot per face, with no more than two faces per sign, and shall not be illuminated.
f. Community identification signs are allowed provided they contain the name of the community and must be either a freestanding pole or a ground sign. The height of the sign shall be limited to nine feet, measured from grade to the top of the sign, 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 the sign location. The minimum setback shall be ten feet from the leading face of the curb or edge of the pavement of the street to the closest portion of the sign. These signs shall be allowed within a city street right-of-way upon issuance of a sign permit by the city planning and development department and with the approval of the city's traffic engineer. Additionally, the sign owner shall provide written notification to the immediately adjacent property owner at the same time an application is submitted to the city for such sign in the right- of-way.
Each community shall be permitted one identification sign which shall have no more than 24 square feet per face, two faces per sign. Each sign face may also contain community facility identification panels on the sign which shall be included within the 24 square foot maximum and provided that the sign face that identifies the community may be no larger than 16 square feet. These additional panels shall only identify specific community facilities located within that community.
(2) Signage for all nonresidential zoning districts.
a. Signs allowed in nonresidential zoning districts may be either:
Freestanding: | |
Pole (except in Urban Residential District) | |
Ground | |
Changeable copy (except in Central Business District and Urban Residential District) | |
Marquee (only in Central Business District as permitted) | |
Menu board | |
Attached: | |
Projecting | |
Window | |
Wall | |
Awning/canopy | |
Suspended or transom | |
Changeable copy (except in Central Business District and Urban Residential District) | |
Marquee (only in Central Business District as permitted) | |
Menu board | |
b. The sign(s) shall meet the following requirements based on the zoning district in which it is located.
Zoning District | Max. Hgt. Allowed | Max. Sq. Footage per face |
Office I & II, Office Business, Institutional, Resort | 8 ft. | 60 sq. ft. |
CB-II, HB, RB, River CI, Industrial | 25 ft. | 125 sq. ft. |
NBD, CBI, NCD, Urban Residential | 12 ft. | 40 sq. ft. |
CBD, Urban Village | 20 ft. | 50 sq. ft. |
c. Two business or product identification signs are allowed per lot, only one of which shall be a freestanding pole or ground sign, however, the allowed square footage of an attached sign may be divided into a maximum of two signs. Corner lots are allowed one additional attached sign on separate street frontage. Signs may be internally or externally illuminated. Freestanding signs may have a maximum of two faces per sign.
d. Reserved.
e. Setbacks for freestanding pole or ground signs shall be a minimum of ten feet. However, in the event that the board of adjustment grants a variance for a sign to be larger than 125 square feet, the minimum setback requirement would be 15 feet. There shall be no minimum setback requirement for freestanding signs in the central business district. Signs shall not be located in any public right-of-way and shall not be located within a sight visibility triangle.
f. If projecting: Signs excluding awning/canopy signs) shall not project more than three feet from the façade of the building. Clearance over sidewalks shall be at a minimum of nine feet and clearance over streets, alleys, or driveways shall be at a minimum of 14 feet. Signs shall not project above the third story of the building or above the building soffit, eave line, or building parapet.
g. If suspended or transom: Clearance over sidewalks shall be a minimum of nine feet.
h. If window: Only permanent identification signs are allowed as window signs; provided, however, temporary signs which are placed in or on windows shall be allowed when complying with subsection 7-13-4(a)(8) hereinbefore. Window signs are not allowed above the third story of building.
i. If wall: Maximum projection from a wall shall be 12 inches.
j. If menu board: One external menu boards with one face is allowed per drive lane with a maximum of two per restaurant (in addition to its allowed signage as previously described). The total sign area for a menu board shall not exceed 32 square feet. These signs shall not be located so that the copy is designed to be visible to vehicular traffic from the roadway. The minimum setback shall be ten feet.
k. For any lot which has no street frontage along, but which is within 400 feet of the edge of the paved portion of Tunnel Road, Patton Avenue, or Hendersonville Road, the permitted size and height of a freestanding sign on that property shall be allowed to be increased by 20 percent of the allowed square footage and height for that zoning district. Provided, however, that any sign so constructed shall be at least 100 feet from the nearest edge of the paved portion of the roads listed hereinbefore.
l. In the central business district (CBD), marquee signs shall be allowed as an exception to the square footage allowed above. Marquee signs shall be allowed a maximum of 95 square feet per face, two faces per sign, for the allowed freestanding or attached sign. Marquee signs must meet the criteria as set forth by the definition of marquee sign in section 7-2-5 of this chapter and height and placement standards outlined in section 7-13-3(2).
(3) Commercial subdivision signs. In all non-residential zoning districts, major commercial subdivisions that have been approved by the planning and development director (or his designee) will be allowed one freestanding sign that advertises the name of the subdivision. Such sign shall not exceed 60 square feet in area per face, with a maximum of two faces per sign, and is limited to eight feet in height, with a ten- foot minimum setback requirement. Commercial subdivision signs must advertise the name of the subdivision. However, tenants within the subdivision may also advertise on the sign, provided that said tenants utilize 50 percent of the allowed square footage or less. At least 50 percent of the allowed square footage must be used to advertise the name of the subdivision. Such a sign must be located on a parcel that is associated with the approved subdivision. This sign shall be allowed in addition to the signage allowed hereinbefore.
(c) On-premises signs: multiple tenant development: The following sign regulations shall be applicable within the zoning districts indicated for multiple tenant development. Any sign not specifically allowed is prohibited.
(a) Multiple tenant development may erect either a development identification or joint identification sign. In addition, tenant identification sign for individual tenants within a development are allowed.
(b) For a multiple tenant development, the development itself is allowed one identification sign, either freestanding (maximum of two faces per sign), or attached for each property boundary with street frontage with a maximum of two identification signs allowed per development. All other permitted tenant identification signs as allowed in subsection 7-13-4(c)(b)2. must be attached to the building(s).
1. Development and joint identification signs.
a. Where a development or joint identification sign is selected, such as sign may be of the following types.
Freestanding: Pole (except in Urban Residential District), Ground, Changeable copy (except in Central Business District and Urban Residential District)
Attached: Wall, Projecting, Window, Awning/canopy, Suspended or transom
b. The sign(s) shall meet the following requirement based on the zoning district in which it is located.
Zoning District |
Maximum Height Allowed |
Maximum Size Per Face |
Maximum Height Secondary Freestanding Identification Sign |
Residential (all districts) | 6 ft. | 25 sq. ft. | 3 feet or ground sign |
Office I & II, Office Business INST, Resort | 8 ft. | 90 sq. ft. | 4 feet or ground sign |
CB II, HB, RB, River, CI, IND, Light IND, Airport | 25 ft. | 200 sq. ft. | 12.5 feet or ground sign |
CBD, Urban Village | 20 ft. | 75 sq. ft. | 10 feet or ground sign |
NBD, CBI, NCD, URD, UP | 12 ft. | 60 sq. ft. | 6 feet or ground sign |
c. Setbacks for freestanding development or joint identification signs in all zoning districts (except the Central Business District) shall be determined using the following requirements.
1. Signs that are 125 square feet in area or less will be required a ten-foot minimum setback.
2. Signs that are greater than 125 square feet in area will be required a fifteen foot minimum setback.
3. There shall be no minimum setback requirement for freestanding identification signs in the Central Business District (CBD).
4. Signs shall not be located within any public right-of-way and shall not be located within a sight visibility triangle.
2. Tenant identification signs.
a. Tenants in a multi-tenant development shall not be permitted to have their own freestanding sign. Tenant identification signs shall be of the following types of attached signs:
Wall
Awning
Projecting
Window
Suspended or transom
Changeable copy (except in Central Business District and Urban Residential District)
b. One attached sign is allowed for each exterior public business entrance which must be located on the façade with the public entrance for that business. The total allowable sign area for the building frontage having the primary business entrance shall be 25 square feet or one square foot per one linear foot of said building frontage, whichever is greater, but in no event shall the area be greater than the maximum square footage per face allowed for a development or joint identification sign in the zoning district where the business is located. Each secondary business entrance shall be allowed a total sign area of one square foot per three linear feet of building frontage where the secondary business entrance is located. A maximum of two secondary business signs is allowed. Signs may be illuminated internally or externally.
A building meeting the definition of pedestrian-oriented design, as set forth in article II, will be permitted to divide the primary sign square footage into two separate attached sign faces.
c. Where two tenants share a common entrance, each tenant will be allowed one attached sign, not to exceed 25 square feet, on the portion of the building that the tenant occupies. Where more than two tenants share a common entrance, each tenant will be allowed one window sign, not to exceed 25 square feet.
d. If a tenant in a multi-tenant development subleases a space within the operational area of the unit to a sub-tenant, and the sub-tenant occupies less than 25 percent of the gross floor area of that unit, then the larger tenant will maintain its allowance for a tenant sign as provided in subsection (b). The subtenant will be allowed a tenant sign not to exceed 25 square feet. In the event that more than one sub-tenant exists, then all tenants will be limited to a 25 square foot window sign as described in the preceding subsection (c) regarding shared entrances.
e. If wall: Maximum projection from a wall shall be 12 inches.
f. If projecting: Signs (excluding awning/canopy and marquee signs) shall not project more than three feet from the façade of the building. Clearance over sidewalks shall be a minimum of nine feet and clearance over streets, alleys, or driveways shall be a minimum of 14 feet. Signs shall not project above the third story of the building or above the building soffit, eave line or building parapet.
g. If window: Only permanent identification signs are allowed as window signs; provided, however, temporary signs which are placed in or on windows shall be allowed when complying with subsection 7-13-4(a)(8) hereinbefore. Window signs are not allowed above the third story of the building.
h. If suspended or transom: Clearance over sidewalks shall be a minimum of nine feet.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2407, § 4, 9-23-97; Ord. No. 2426, § 2, 11-11-97; Ord. No. 2616, § 1, 9-28-99; Ord. No. 2742, § 1(b), 9-12-00; Ord. No. 2777, §§ 1(a), 1(b), 1(h), 12-19-00; Ord. No. 3043, §§ 1(b)—(g), 7-22-03; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3157, § 1(a)(10), 8-24-04; Ord. No. 3328, § 1(q), 1-24-06; Ord. No. 3572, § 1(o), 1-8-08; Ord. No. 3642, § 1i—o, 9-9-08; Ord. No. 3677, § 1d, 11-25-08; Ord. No. 3714, § 1, 3-10-09; Ord. No. 3715, § 1, 3-10-09; Ord. No. 3742, § 1, 6-9-09; Ord. No. 3773, §§ 1a, b, 8-11-09; Ord. No. 3774, § 1c, 8-11-09; Ord. No. 4064, §§ 1c, h—j, 2-28-12; Ord. No. 4208, § 1c, 6-25-13; Ord. No. 4228, § 1c, 8-27-13)