(A) Purpose, Intent, and Scope
It is the purpose of this Chapter to promote the public health, safety and general welfare through reasonable, consistent, and non-discriminatory sign regulations. The sign regulations in this chapter are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the adverse secondary effects of signs. The sign regulations are especially intended to address the secondary effects that may adversely impact aesthetics and traffic and pedestrian safety. The sign regulations are designed to serve substantial governmental interests and, in some cases, compelling governmental interests such as traffic safety and warning signs of threats to bodily injury or death. This article is not intended to extend its regulatory regime to objects that are not traditionally considered signs for purpose of government regulation.
In order to preserve and promote the Town of Cary as a desirable community in which to live, vacation, and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the Town is a highly contributive means by which to achieve this desired end. Further it continues to be the purpose of this Chapter 9 to promote optimum conditions for serving sign owners' needs and respecting their rights to identification while balancing the aesthetic interests of the community. The regulation of signs within the Town is necessary and in the public interest and these regulations have been prepared with the intent of enhancing the visual environment of the Town and promoting its continued well-being, and are intended more specifically to further the following interests:
(1) Aesthetics
To maintain and enhance the beauty, unique character, aesthetic environment, and quality of the Town of Cary, that will attract commerce, businesses, economic development, residents, and visitors; to preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all zoning districts of the Town; to regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the Town and that complements the natural surroundings in recognition of the Town's reliance on its natural surroundings and beautification efforts in retaining economic advantage for its community; and to assure that the benefits derived from the expenditure of public funds for the improvement and beautification of streets, sidewalks, public parks, public rights-of-way, and other public places and spaces, are protected by exercising reasonable controls over the physical characteristics and structural design of signs.
(2) Traffic and Pedestrian Safety
To improve traffic and pedestrian safety through properly located signs; to regulate signs in a manner so as to not interfere with, obstruct the vision of, or distract motorists, bicyclists or pedestrians; to allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance necessary for the safe, uniform, and efficient operation of all elements of the traffic stream.
(3) Economic Development
To promote economic development and the value of commercial and residential properties, through sensitivity to surrounding land uses and maintaining an attractive community appearance.
(4) Effective Communication
To encourage signs which are clear and legible; to encourage the effective use of signs as a means of communication.
(5) Historical Character
To emphasize the Town's historical character by promoting pedestrian oriented and appropriately scaled signage.
(6) Identification of Goods and Services
To aid the public and private sectors in providing signage that could be used to identify the location of goods and services.
(7) Compatibility with Surroundings
To allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs; to preclude signs from conflicting with the principal permitted use of the site and adjoining sites; and to minimize the possible adverse effect of signs on nearby public and private property.
(8) Reduction of Visual Clutter
To reduce visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic.
(9) Use Considerations
To encourage and allow signs that are appropriate to the use of the property on which they are located.
(10) Scale, Integration and Design
To establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains; to foster the integration of signage with architectural and landscape designs; to provide flexibility and encourage variety in signage, and create an incentive to relate signage to the basic principles of good design; and to promote the use of signs that positively contribute to the aesthetics of the community, are appropriate in scale to the surrounding buildings and landscape, and advance the Town's goals of quality development.
(11) Maintenance and Safety
Except to the extent expressly preempted by state or federal law, to ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and to protect the public from unsafe signs.
(12) Property Values
To protect property values by precluding, to the maximum extent possible, sign types that create a nuisance to the occupancy or use of other properties as a result of their physical characteristics such as their size (area), height, number, illumination, and movement; and to protect property values by ensuring that the number of signs are in harmony with buildings, neighborhoods, and conforming signs in the area.
(13) Enforcement
To enable the fair and consistent enforcement of these sign regulations; and to provide standards regarding the non-communicative aspects of signs, which are consistent with local, state, and federal law.
(B) Relationship to Comprehensive Plan
A major emphasis of the Town's Comprehensive Plan is on the design of the community. In particular, the Comprehensive Plan emphasizes preserving and maintaining Cary's attractive appearance, with attention to the appearance of, and views from, public spaces, while also encouraging high quality and attractive development.
(C) Effect
The effect of this chapter, as more specifically set forth herein, is:
(1) to establish a system to allow a variety of types of permanent signs, subject to the standards and the permit procedures of this chapter;
(2) to allow certain permanent signs that are small, unobtrusive and incidental to the principal use of the respective lot or parcel on which they are located, subject to the substantive requirements of this chapter, but without a requirement for permits;
(3) to provide greater flexibility in special areas of interest and/or higher densities such as the Town Center, Mixed Use Overlay Districts, National Register Historic Districts or traditional neighborhood developments;
(4) to provide for temporary signs in limited circumstances; and
(5) to provide for the enforcement of the provisions of this chapter.