(A) Purpose of sign regulations.
(1) It shall be the purpose of this subchapter to promote the safety, health, peace, dignity and general welfare of the people and the town in a manner consistent with the nature beauty of the area through the regulation of the posting, displaying, erection, use, maintenance of signs.
(2) Further, it is recognized that the standards and regulations for signs will address the following purposes:
(a) Provide an improved environmental setting and community appearance, which is vital for the economic well being of the town;
(b) Create a more productive and professional business environment;
(c) Provide signs, which are in scale and appropriate to the planned character and development in each zoning district;
(d) Promote traffic safety and prevent hazard or nuisance conditions for vehicle or pedestrian traffic;
(e) Prevent the visual clutter of signage, which districts from business and conflicts with legitimate informational signage and signage which is essential for public health and safety;
(f) Protect and enhance the value of properties within the town; and
(g) Promote the public safety and general welfare of the town.
(B) General requirements.
(1) No sign of any type or any part thereof shall be erected, painted, repainted, posted, reposted, placed, replaces or hung in any zoning district except in compliance with these regulations.
(2) No sign shall be placed on any lot without the permission of either the owner or occupant of the premises on the lot. Signs placed in violation of this rule may be removed by the owner, the occupant or the Town of Columbus. See also G.S. § 14-145, making unlawful posting of advertisements on the property of another without first obtaining the written consent of such owner thereof.
(3) Each application for a sign permit shall be made in writing and shall contain or have attached thereto the following information:
(a) A drawing approximately to scale showing the design of the sign, including dimensions, methods of attachment or support, source of illumination and showing the relationship to any building or structure to which it is or is proposed to be installed or affixed; and
(b) A plot plan approximately to scale indicating the location of the sign relative to property lines, easements, streets, sidewalks and other signs.
(4) Sign permit applications shall be submitted to and approved by the Zoning Administrator prior to a permit being issued. A record of the application, plans and the actions taken thereon shall be kept in the office of the town. The Town Council may establish a fee schedule for all sign permits issued in accordance with this chapter.
(5) Sign area. The area of a sign shall be considered to be that of the smallest rectangular, circular, or elliptical figure which encompasses all lettering, wording, design or symbols, together with any background on which the sign is located. Any cutouts or extensions shall be included in the area of a 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.
(6) Wall signs shall not project higher than the eave or parapet of the building where mounted.
(C) Signs allowed without a permit. The following types of signs are allowed in all zoning districts, unless specifically limited herein, and do not require a sign permit:
(1) Signs unlighted and bearing only property numbers, post box numbers, and the name of the owner or occupant of the premises. These signs shall not exceed two square feet in area per dwelling. If more than one sign or nameplate is required, the total allowable sign area shall not exceed eight square feet;
(2) Flags and insignia of any government except when displayed in connection with commercial promotion;
(3) Holiday decorations in season;
(4) Legal notices and warnings, regulatory, informational or directional signs erected by any public agency or utility;
(5) Integral decorative or architectural features of buildings, including signs, which denote only the building name, date of erection or street numbers; and
(6) The following signs, including portable or mobile signs on wheels, but such signs shall not be closer than five feet from the edge of any street pavement or any other property line:
(a) On a property which is offered for lease, rent or sale during the period which property is so offered:
1. One unilluminated sign per street frontage. The maximum size of the signs shall be as follows:
a. In all residential districts, 12 square feet; and
b. In all other districts, the signs shall be limited to one square foot of area for each five lineal feet of advertised property which abuts a public street, provided, however, no such sign shall exceed 128 square feet in area.
2. One additional unilluminated sign per street frontage only on those days the property is available for inspection (i.e., days when an open house is being conducted on the premises). No such sign shall exceed six square feet in area.
(b) One unilluminated sign may be erected on a site during the period of construction or reconstruction of a building or other similar project. The sign shall be removed no more than two days after the construction work has been completed. The maximum size of the sign shall be follows:
1. In residential districts, 32 square feet.
2. In all other districts, 64 square feet or one square foot of sign area for each five lineal feet of property abutting a public street, whichever is greater. In no instance, however, shall any such sign exceed 128 square feet in area.
(c) Banners, pennants, ribbons, balloons, posters, streamers may be displayed for a period of not more than 30 days in any one calendar year on the occasion of the opening of a new business.
(d) Signs painted or displayed on the interior or exterior of commercial building windows, provided, however, the signs shall not exceed 25% of the total window area.
(e) Signs by individual for profit businesses may be placed on their premises in the Central Business District and the Highway Commercial District for an aggregate period not to exceed 30 days in a calendar year. There shall not be more than one such sign at any time and such sign shall not exceed six square feet in area.
(f) One unilluminated sign may be displayed on a property where a local public event, non-commercial in its primary purpose, is to take place, and a maximum of three other unilluminated signs may be placed by the person conducting such event at other locations within the town (with permission of the property owner or occupant), on the following conditions:
1. Signs shall be placed out not more than two weeks in advance of the local public event and must be removed not more than two days after the completion of the event.
2. The maximum size of the signs shall be 30 square feet in area on the property where the event will occur and six square feet in area for signs on other properties.
(g) Unilluminated signs may be posted during the period beginning on the 30th day before the beginning date of "one-stop" early voting under G.S. § 163-166.40 and ending on the 10th day after the primary or election day.
(h) One unilluminated sign may be displayed on a property where a yard sale, garage sale or estate sale signs is being conducted, and a maximum of three other unilluminated signs may be placed by the person conducting such sale at other locations within the town (with permission of the property owner or occupant), on the following conditions:
1. Signs shall be placed out no earlier than 24 hours before the sale, and shall be removed no later 12:00 p.m. the day after the sale.
2. Each sign shall not exceed three square feet in area.
3. Signs placed pursuant to this division (C)(6)(h) shall display the owner's address.
4. Failure to follow the above guidelines or to remove the signs within the proper time frame shall result in a fine as set forth in the town fee schedule.
(D) Required signs. Every residence, office, retail establishment, industry or any other structure with a street number assigned to it shall display the number in such a way as to be easily visible from the street providing access. The numerals shall be of such size and color as to be easily recognizable and shall be attached to the wail of the building facing the street or, if the distance to the street or visibility due to other means makes this impractical, shall be displayed on a nameplate or number sign placed at the main entrance of the property, or displayed on a rural mailbox. Property owners may choose one of the latter methods of display in addition to attaching numerals to the building. No permit shall be required for these signs.
(E) Signs allowed by permit. In addition to the signs allowed under divisions (C) and (D), above, the following signs shall be allowed, upon approval of a sign permit, in the following districts:
(1) Signs permitted in residential districts.
(a) Signs for subdivisions and planned unit developments not exceeding 32 square feet in area. One sign may be erected at each entrance to the subdivision, but shall be located on private property and shall not exceed six feet in height above the ground level, and illumination shall be restricted to indirect white lighting.
(b) Signs for mobile home parks and campgrounds not exceeding 16 square feet in area. One sign may be erected at each main entrance to the mobile home park or campground but shall be located on private property no closer than ten feet to any property line. Illumination shall be limited to indirect white lighting.
(c) One sign for multi-family residential developments may be erected at each major entrance to the property. These signs shall not exceed 32 square feet in area and may be flat mounted against the wall of the building or freestanding. If freestanding, the signs shall be set back at a minimum of ten feet from any property line and shall not exceed six feet in height above ground level. Illumination shall be limited to indirect white lighting.
(d) One sign for non-residential uses may be erected on the premises, provided that the signs do not exceed 32 square feet in area and may be flat mounted against the wall of a building or freestanding. If freestanding, the signs shall be set back at a minimum of ten feet from any property line and shall not exceed six feet in height above ground level. Illumination shall be limited to indirect white lighting.
(e) One sign for each home occupation is permitted, but shall not be closer than ten feet to any property line or street right-of-way, shall not be higher than four feet above ground level and shall not exceed four square feet in area.
(f) For properties used for residential purposes, one unilluminated sign per lot. The sign may be flat mounted against the wall of a building or freestanding. If freestanding, the sign shall be set back at a minimum of ten feet from any property line and shall not exceed three feet in height above ground level. The sign shall not exceed four square feet.
(2) Signs permitted in the 1-26 Corridor Overlay Area. One freestanding sign is permitted for each zoned lot taking access from an arterial or collector road. Any such freestanding sign(s) shall not exceed 30 feet in height or 100 square feet in sign area. The 1-26 Corridor Overlay boundaries for purposes of this sign ordinance are from the concrete right-of- way monument set at the east intersection of Highway 26 and Highway 108 at the corner of Spartan Petroleum Company and running east 500 feet on Highway 108 to a line parallel to the right-of-way of 1-26, and also at the concrete right-of-way monument set at the west intersection of Highway 26 and Highway 108 at the corner of the McFarland tract and running west 500 feet oh Highway 108 to a line parallel to the right-of-way of 1-26.
(3) Signs permitted in the Highway Commercial District and Public Service District.
(a) One freestanding sign is permitted for each zoned parcel. Any such freestanding sign shall not exceed 30 feet in height or 100 square feet in sign area. Businesses fronting on more than one public street shall be permitted one freestanding sign for each road frontage;
(b) One additional freestanding sign is permitted for businesses with drive-through windows provided that the sign is facing the drive-through lane and does not exceed six feet in height or 40 square feet in sign area;
(c) Wall signs shall be permitted for each separate business establishment provided the total allowable sign area for all signs shall not exceed two square feet for each foot of building wall facing a public street. The location and number of wall signs is at the option of the owner or tenant, however, where more than four signs are located on any zoning lot, the fifth sign, respectively, shall reduce the total allowable sign area by 20%;
(d) The total allowable sign area for all signs, including all wall and freestanding signs, shall not exceed two square feet for each lineal foot of building wall facing a public street. Sizes of each sign are at the option of the owner or tenant, but in no case shall a freestanding sign be more than 100 square feet in sign area;
(e) One sign per business establishment may be suspended from or attached to the underside of a canopy or marquee, provided the sign does not exceed four square feet in area and maintains a clear distance of at least seven and one-half feet between the sidewalk and the bottom of the sign;
(f) No sign shall be less than 5 feet from the edge of any street pavement or 15 feet from any other property line.
(4) Signs permitted for Industrial Districts and Central Business Districts.
(a) One freestanding sign is permitted for each premise. The area of the sign shall not exceed the total allowable sign area, but in no case exceed 80 square feet in area, and shall not project more than 25 feet above the ground. Businesses fronting on more than one public street shall be permitted one freestanding sign for each frontage; provided however, the combined area of all signs shall not exceed the allowable sign area and, in no case, 80 square feet;
(b) Wall signs shall be permitted for each business. The location and number of wall signs is at the option of the owner or tenant, however, where more than four signs are located on any lot, the fifth sign and each succeeding sign, respectively, shall reduce the total allowable sign area by 20%;
(c) The total allowable sign area shall not be more than one square foot per lineal foot of building wall facing a public street, not to exceed 100 square feet;
(d) One sign per business establishment may be suspended from or attached to the underside of a canopy or marquee, provided the sign does not exceed four square feet in area and maintains a clear distance of at least seven and one-half feet between the sidewalk and the bottom of the sign; and
(e) No sign shall be less than ten feet from a street right-of-way or 20 feet from any other property line.
(5) Industrial Park subdivision signs. For Industrial Parks, one additional sign on each street frontage other than those regulated in Signs Permitted for Industrial Districts shall be permitted, subject to the following: permanent signs for industrial park subdivisions shall not exceed 80 square feet in area. Ground mounted signs may be erected at each major entrance to the subdivision, but shall be located on private property no closer than ten feet to any property line. No sign shall exceed ten feet in height above ground level and illumination shall be restricted to indirect white lighting.
(6) Master signage plan for shopping centers.
(a) Signs presented on a Master Signage Plan and/or a Common Signage Plan must be uniform in design and features. The same type of materials must be used for all wall signage on any single or multi-unit structure. All types and colors of signs, as long as they produce a unifying theme and meet all area and height requirements, will be considered by the Zoning Administrator except those expressly prohibited by this chapter.
(b) Information required for a Master Signage Plan shall include specifications for each sign in sufficient detail to determine that the height and area requirements of the Sign Ordinance have been met. A site plan showing the layout of each sign is also required. An elevation of the freestanding sign shall be provided which shows provisions for shared usage and design type.
(c) A Master or Common Signage Plan shall be a part of any development plan, site plan, unified development plan, or other plan required for development and may be processed simultaneously with the plans(s). A Master or Common Signage Plan shall be approved prior to the issuance of any sign permit(s).
(d) A Master or Common Signage Plan may be amended by filing a new plan which complies with all requirements of this chapter. The Zoning Administrator may approve minor changes to a Master or Common Signage Plan provided the changes comply with all requirements of this chapter.
(e) After approval of a Master or common Signage Plan, no sign shall be erected, affixed, placed, painted, or otherwise established except in conformance with the plan and the plan may be enforced in the same way as any other provision of this chapter.
(7) Signs erected by institutions. Signs erected by schools, churches, hospitals, governments and other institutions are permitted in all districts, but the size of any such signs shall not be in excess of 32 square feet. If the sign is freestanding it shall not be closer than ten feet from any property line and shall not project higher than six feet above ground level.
(F) Prohibited signs. The following signs are prohibited:
(1) Banners, pennants, balloons, posters, ribbons, streamers, spinners or other similar devices, except as permitted in division (C)(6), above;
(2) No sign or device shall be permitted which contains animation or is illuminated by any flashing, alternating, intermittent, or moving light or lights;
(3) No signs shall be permitted to be erected or maintained upon trees or painted or drawn upon rocks or utility poles;
(4) Billboards;
(5) Roof signs;
(6) Projecting signs and freestanding signs located within a public right-of-way except when erected by the town, county, state or federal government, provided, however, that political signs may be located pursuant to the provisions of G.S. § 136-32; and
(7) No sign may be permitted which appears to direct the movement of traffic or resembles any official sign, signal or device.
(G) Illumination. Signs may be illuminated unless the provisions of this chapter explicitly state that they shall be unilluminated. Illuminated signs may be internally illuminated unless the provisions of this chapter explicitly limit them to illumination by indirect (external) light. Where illuminated signs are permitted, they shall conform to the following requirements:
(1) All signs illuminated under the provisions of this section shall be constructed to meet the requirements of the National Electric Code;
(2) Internally illuminated signs shall be limited to those with glass or plastic panels bearing the advertisement; provided, however, that exposed neon tubing shall be permitted;
(3) Indirect external flood and display lighting shall be shielded so as to prevent direct rays or light from being cast into a residential area or district and/or vehicles approaching on a public right-of-way from any direction. The lighting shall also be shielded so as to prevent direct view of the light source from a residence or residential district and/or vehicles approaching on a public right-of-way from any direction; and
(4) Flame as a source of light is prohibited.
(H) Maintenance and removal of unsafe signs.
(1) All signs of any nature shall be maintained in a state of good repair. No sign shall be allowed to remain which becomes structurally unsafe, hazardous or endangers the safety of the public or property.
(2) Upon determination by the County Building Inspector or by the Zoning Administrator in conjunction with the Town's Engineer or Public Works Director that a sign is structurally unsafe, hazardous or endangers the safety of the public or property, the Zoning Administrator shall order the same to be made safe or removed subject to the following provisions:
(a) The owner of the sign, the occupant of the premises on which the sign or structure is located, or the person or firm maintaining the same shall, upon written notice by registered or certified mail from the Zoning Administrator, forthwith in the case of immediate danger and in any case within ten days, secure or repair the sign or structure; and
(b) No sign shall be erected or maintained in such a manner that any portion of its surface or its supports will interfere in any way with the free use of access to any fire escape, exit or standpoint, or so as to obstruct any window so that light or ventilation is reduced below minimum standards required by any applicable law or building code.
(I) Penalties and enforcement. Violation of the provisions of these sign regulations shall be enforceable as set forth below in addition to any other enforcement provisions set forth in this chapter. (However, any unsafe signs shall be removed pursuant to division (H), above.)
(1) Notice of violation. The Zoning Administrator shall have the authority to issue a notice of violation for all violations of the sign ordinance. Where the owner of the sign is indicated on the sign or is otherwise apparent or known to the Zoning Administrator, a copy of the notice of violation shall be delivered to the sign owner by hand delivery or by certified mail. In all other cases, a copy of the notice of violation shall be posted on the sign and a copy shall be delivered by hand delivery or certified mail to the property owner as shown on the County tax records. In addition, service hereunder may be made in accordance with Rule 4 of the State Rules of Civil Procedure.
(2) Right to appeal. The sign owner and/or the property owner shall have the right to file an appeal from the notice of violation of the Zoning Administrator to the Board of Adjustment pursuant to the procedure set forth in § 154.046, above.
(3) Time to remedy violation. The sign owner and/or the property owner shall have 15 days to remedy all violations set forth in the notice of violation unless an appeal from the decision of the Zoning Administrator is sought by the aggrieved party. The 15-day period shall commence upon the earlier of the posting of the notice of violation on the sign or the delivery of a copy of the notice of violation to the sign owner or property owner.
(4) Extension of time for compliance. The Zoning Administrator shall have the authority to grant a single 30-day extension of time within which the sign owner must comply with the. notice of violation. The single extension of time may be issued based upon a written request for extension of lime, which sets forth valid reasons for not complying within the original 15-day period.
(5) Remedies for failure to comply. Pursuant to G.S. § 160A-175(f), the Zoning Administrator may choose from the remedies set forth below to enforce the ordinance when there is a failure to comply with the notice of violation. These remedies are as follows.
(a) In addition to or in lieu of the other remedies set forth in this section, the Zoning Administrator may issue a citation setting forth a civil penalty of $50. In the case of a continuing violation, each 24-hour period during which the violation continues to exist shall constitute a separate violation. The citation shall be served upon the person(s) described in division (I)(l) by the means set forth therein. In the even the offender does not pay the penalty within ten days of service of the citation, the civil penalty shall be collected by the town in a civil action in the nature of debt, which shall not constitute a misdemeanor, and in so providing, the Town Council hereby chooses to exercise the option provided by G.S. § 160A-175(b).
(b) In addition to or in lieu of the other remedies set forth in the section, the Zoning Administrator shall have the authority to issue a remove order for any sign not repaired or brought into compliance within the time required by the foregoing provisions. Remove orders shall be issued to and served upon the person(s) described in division (I)(l) above by the means set forth therein. The sign owner or the landowner shall be allowed a period of 30 days after the service of the remove order within which to remove the sign at his or her own expense. The remove order shall describe specifically the location of the sign to be removed and all of the reasons for issuance of the remove order, including specific reference to the provisions of the ordinance which have been violated.
(c) In addition to or in lieu of the other remedies set forth in this section, the Zoning Administrator may seek injunctive relief in the appropriate court.
(6) Removal and recovery of expense. If a sign owner or property owner fails to comply with the requirements of a remove order, the Zoning Administrator may cause the sign to be removed. The sign owner and property owner shall be jointly and severally liable for the expense of removal.
(7) Notice; collection of sum. Notice of the cost of removal shall be served upon the person(s) described in division (I)(l) by the means set forth therein. If the sum is not paid within 30 days thereafter, the sum shall be collected by the town in a civil action in the nature of debt, which shall not subject the offender to the penalty provision of G.S. § 14-4.
(Ord., Art. XI, § 1117, passed - -; Am. Ord. 2010-02, passed 3-25-2010; Am. Ord. passed 12-15-2011; Am. Ord. passed 9-18-2014; Am. Ord. 2016-03, passed 2-18-2016)