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The provisions of this subchapter shall apply to the following zones only: M O and I, Medical and Office Institutional; O and I-2, Office and Institutional; B-1, Neighborhood Business; B-2, Highway Business; B-3, Central Business; B-3P, Central Business District Perimeter; B-4, General Business; I-1 Light Industrial; I-2, General Industrial; I-2L, General Industrial Limited; and EI-1, Exclusive Industrial.
(Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972)
(A) A shopping center consisting of five or more businesses located in a unified building or group of buildings may have business and/or identification signs as permitted in the zone or district, except that the shopping center as a whole may have one detached sign per street front over and above the detached signs permitted for the business establishments in the shopping center.
(B) One temporary sign shall be permitted on the site of any construction work bearing the name of the building, the owner, and those furnishing services or materials used on such construction work.
(C) Real estate signs in residential zones advertising the sale, rental or lease of the premises on which such sign is located shall not exceed four square feet in area and shall be at least ten feet from any street right-of way line.
(D) No sign shall be erected or maintained at any location where by reason of its position, working, illumination, shape, symbol, color, form or character, it may obstruct, impair, obscure, interfere with the view of, or may be confused with, any authorized traffic-control sign, signal or device, or interfere with mislead, confuse or disrupt traffic.
(E) No sign having flashing, intermittent. or animated illumination shall be permitted within 75 feet of a street or highway intersection or within 300 feet of any residential zone unless the sign is not visible from such zone.
(F) No advertising sign shall be permitted in any area designated by the Board of Aldermen as one of scenic beauty or historical interest.
(G) A sign designated to be viewed from two directions shall be considered as one sign, provided that the two sign faces are parallel and not more than 42 inches apart.
(H) All detached business signs shall be limited to a height of 30 feet and shall not exceed 100 square feet in area.
(Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972)
Signs in B-3: Central Business zones shall be regulated as follows:
(A) Types of signs permitted: Identification and/or business.
(B) Permitted number of signs: Two per use per street.
(C) Permitted illumination: Luminous.
(D) Permitted location: Anywhere on the property, but projecting not more than six inches into street right-of-way above the street sidewalk grade, in which case it may project 18 inches into the street right-of-way, A sign may project over the street right-of-way if said sign is attached to a canopy or similar appurtenance which extends over the right-of-way, but in no case shall project beyond the end of the canopy or appurtenance. Roof signs shall not be permitted
(Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972)
(A) Types of signs permitted: Outdoor advertising signs.
(B) Size of signs:
(1) Multi-tenant signs.
(2) The maximum size limitations shall apply to each side of a sign structure; and signs may be placed back-to-back, side-by-side or in V-type construction with not more than two displays to each facing, and such sign structure shall be considered as one sign.
(3) Side-by-side signs shall be structurally tied together to be considered as one sign structure.
(4) V-type and back-to-back signs will not be considered as one sign if located more than 15 feet apart at their nearest points.
(C) Spacing of signs.
(1) Signs may not be located in such a manner as to obscure, or physically interfere with the effectiveness of an official traffic sign, signal or device; obstruct or physically interfere with the driver's view of approaching, merging or intersecting traffic.
(2) No two sign structures shall be spaced less than 500 feet apart.
(3) No sign structure may be located adjacent to or within 500 feet of an interchange, intersection at grade or safety rest area. Said 500 feet to be measured along the highway from the beginning or ending of pavement widening at the exit from or entrance to the main traveled way.
(4) The foregoing provisions for the spacing of signs do not apply to sign structures separated by buildings or other obstructions in such a manner that only one sign facing located within the above spacing distances is visible from the highway at any one time.
(5) Official and on-premises signs and structures that are not lawfully maintained shall not be counted nor shall measurements be made from them for the purposes of determining compliance with spacing requirements.
(6) The minimum distance between sign structures shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and shall apply only to structures located on the same side of the highway.
(D) Lighting of signs-restrictions:
(1) Signs which contain, include or are illuminated by any flashing intermittent or moving light or lights are prohibited except those giving public service information, such as time, date, temperature, weather or similar information.
(2) Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the travel ways of the highway and which are of such intensity or brilliance as to cause glare and to impair the vision of the driver of any motor vehicle or which otherwise interferes with any driver's operation of a motor vehicle are prohibited.
(3) No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device or signal.
(4) All such lighting shall be subject to any other provisions relating to lighting signs presently applicable to all highways under the jurisdiction of the State of North Carolina.
(5) Illumination shall not be added to non-conforming signs or signs conforming by virtue of the grandfather clause.
(E) Location of signs near residential areas: No sign structure shall be located within 75 feet to a residential structure or a residential zone boundary.
(F) Height of sign above highway or grade level: The top of a sign structure shall not be in excess of 40 feet in height above the highway or natural grade level, whichever is higher. However, an outdoor advertising sign may be extended to a height not to exceed 80 feet provided that the size of a sign exceeding 40 feet in height shall not be larger than 200 square feet in area.
(G) On-premise signs: The provisions of this section shall not apply to on-premise signs.
(Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972; Am. Ord. passed 7-19-1988)
COMMUNICATION TOWERS
(A) Where permitted.
(1) In all cases, co-location is encouraged and placement of new towers can only be applied for after it is proven that locating on an existing tower is unfeasible due to technical constraints. If it is proven that co- location is not possible on an existing tower, the following restrictions will apply within the BC-1 (Shopping Center) and I-2 (Light Industrial) districts:
(a) Communication towers may be located on any publicly or privately held tract of land exceeding one acre in size, with the issuance of a special use permit by the Board of Aldermen.
(b) Towers under 30 feet in height may be erected on an existing building with the issuance of a zoning permit. Towers in excess of 30 feet may be erected on existing buildings with the issuance of a special use permit by the Board of Aldermen.
(2) In the B-1 (Neighborhood Business) district, communication towers shall be permitted, by right, upon submission to the Zoning Administrator of proof that co-location on an existing tower is not possible. In the B-1 District the following requirements shall be met:
(a) The tract of land (including the parent tract) on which the tower will be located is at least seven acres in size. (This shall not preclude the development of the remainder of the parent tract for other non- residential uses permitted in the B-1 District.)
(b) The base of the tower will be located at least 300 feet from any single-family dwelling and 300 feet from any public street.
(c) All other provisions of this section shall apply.
(d) In the B-1 District the Zoning Administrator may issue a permit for any communication tower under 30 feet in height to be erected on any existing structure without having to meet the minimum lot size, separation requirements or other requirements of this section.
(B) Type of tower permitted. Monopole towers only (no lattice or guyed towers are permitted). Any new tower permitted must be able to accommodate at least three carriers. The applicant must submit construction drawings sealed by a qualified professional engineer showing and stating that the tower and supporting facilities will be able to support and accommodate at least three carriers.
(C) Tower appearance.
(1) Towers and associated buildings and equipment shall be painted in a neutral color.
(2) All towers shall be illuminated only as required by the FCC (Federal Communications Commission) and FAA (Federal Aviation Administration) and such illumination shall be directed away from residential structures.
(D) Height requirements. Towers shall not exceed 199 feet in commercial or manufacturing districts.
(E) Screening.
(1) Towers shall be at least one foot off all property lines for each foot of tower height unless the applicant can provide detailed information showing the design of the tower will collapse within itself, instead of falling to one side. If such fall zone information is provided, the setbacks for the tower shall be at least one foot off all property lines for each foot of tower height in excess of 75 feet with a minimum of 50 feet regardless of tower height. For example:
Tower Height | Setback Off Property Line |
60 feet | 50 feet |
75 feet | 50 feet |
100 feet | 50 feet |
150 feet | 75 feet |
199 feet | 124 feet |
(2) In addition, all towers shall be at least 100 feet from any existing residence.
(F) Co-location. Co-location is a desirable option and is therefore encouraged by the following means:
(1) Before any new tower can be approved, it must be shown that existing towers are not adequate for serving customer needs or for co-location; and
(2) When co-locating, there is no necessity for an otherwise required special use approval.
(G) Old towers/advanced technology/review.
(1) Abandoned towers shall be removed by the carrier. Removal must take place within six months of the last use of the tower.
(2) The issuance of a permit for a tower will be for a period of five years. After this time the tower owner shall submit documentation that includes information regarding the continued need for the tower and the lowest feasible tower height. If this lowest feasible tower height is 70% or less of the current tower height, the tower will be reduced to the lowest feasible level.
(3) If technology changes cause the Zoning Enforcement Officer to feel that the tower height is excessive, he may require the tower towner to submit documentation regarding the lowest feasible height at times other than the five-year renewal. Should technology changes render the height of the tower excessive, the Zoning Enforcement Officer may require the tower height be reduced or the tower be replaced or removed.
(H) Power output and interference.
(1) It shall be the responsibility of the carrier to present evidence that the tower output from the tower does not exceed federally approved levels for exposure to electromagnetic forces.
(2) It shall be the responsibility of the carrier to ensure that the tower does not cause any interference with television, radio and telephone reception of neighboring properties.
(Ord. passed 2-9-1999; Am. Ord. passed 7-8- 2014)
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