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A. Limited outside display of seasonal merchandise. In NC, CR and I-1, limited outside display of seasonal merchandise is permitted provided:
1. Fire lanes and vehicular accessways are not obstructed or encroached upon.
2. If a pedestrian walkway exists along the entrance frontage of the business, a minimum four-foot wide pedestrian walkway is maintained.
3. The total square footage of outside display area is ten percent or less of the business's interior sales square footage.
4. Sales transactions take place inside the business
.
A. Number of required.
1. All
shall provide a sufficient number of
to accommodate the number of vehicles likely to be attracted to the
. However, in an effort to minimize
that can cause
quantity and quality problems, the number of
needed should not be based upon rare seasonal peak demands.
2. The presumptions established by this section are that:
a. A
must comply with the parking standards set forth in this section to satisfy the requirement stated in paragraph 1. above; and
b. Any
that does meet these standards is in compliance. However, the table of parking standards is only intended to establish a presumption and should be flexibly administered, as provided in paragraph C.
3. The table of parking standards represents both the typical minimum number of
required and the maximum number of
allowed. For those
desiring additional parking beyond that required by the parking standards, the total number of
provided may be increased by up to ten percent above that recommended by the parking standards. If additional parking, above the ten percent increase, is still needed, the additional parking shall be constructed of permeable pavement or shall be drained directly to a bioretention area or other approved water quality
as approved by the Town of Garner.
4.
in the table of parking requirements are keyed to Article 5. If application of this table results in a fractional space, any fraction of one-half or less may be disregarded, while any fraction in excess of one-half be counted as one
.
5. The number of
in
of ten or more spaces may be reduced by one if the
provides a bicycle rack offering a secure parking area for at least five bicycles.
6. Accessible parking.
a. Accessible
shall be provided in compliance with the following table and shall be identified with above-ground
as specified in General Statutes 20-37.6 and 136-30, the North Carolina Department of Transportation Manual on Uniform Traffic Control and Chapter 4 of the North Carolina Accessibility Code, as amended.
Total Spaces in | Minimum Number of Accessible Spaces
|
Total Spaces in | Minimum Number of Accessible Spaces
|
1 to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 to 150 | 5 |
151 to 200 | 6 |
201 to 300 | 7 |
301 to 400 | 8 |
401 to 500 | 9 |
501 to 1,000 | Two percent of total |
1,001 and over | 20 plus 1 for each 100 over 1,000 |
b. One in every eight (1 in 8) accessible
, or a minimum of one (whichever is the greater number), shall be van accessible and shall be identified [by] the words "van accessible" on an above-ground
. Van accessible
shall be open to all vehicles properly identified in compliance with General Statute 20-37.6.
7. Whenever a
is constructed, in whole or in part, for low parking need
, the
should be located so that sufficient usable space remains on the
to add the additional
that would be required to convert the
of the
entirely to the new
classifications. Whenever a
is proposed for purposes that require a lesser number of
than other
to which the
might well be put at some future date, the
should send to the
a
letter explaining that sufficient space should be left on the
to add
at a later time if required.
B. Table of parking requirements. The Town Council recognizes that the table of parking requirements cannot cover every possible situation that may arise. Therefore, in cases not specifically covered, the is authorized through Written Interpretationto determine the parking requirements, using this table as a guide.
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TABLE OF PARKING REQUIREMENTS
| ||
Category | Specific | Requirement
|
TABLE OF PARKING REQUIREMENTS
| ||
Category | Specific | Requirement
|
Living | Single-Family Detached | 2 spaces per unit, plus 1 space per room rented |
Residential Cluster | 2 spaces per unit, plus 1 space per room rented | |
Two-Family Dwelling | 2 spaces for each unit, except that one-bedroom units require only 1 space | |
(fee simple or
) | 2 spaces for each unit, plus 1 additional space for every 4
in the | |
Multifamily Residence | 1½ spaces for each one-bedroom unit; 2 spaces for each two-bedroom unit; 2 ½ spaces for each unit with three or more bedrooms, plus one additional space for every four units in the
. | |
Upper-Story Residential | 2 spaces per unit | |
2 spaces per unit | ||
2 spaces per unit, plus 1 space per room rented | ||
Security or Caretaker's Quarters | 2 spaces per unit | |
Group Living | 1 space per 3 beds | |
2 spaces for every 5 beds, except for
exclusively serving children under 16, in which case 1 space for every 3 beds | ||
1 space for every two employees on maximum shift and 1 space for every 3 beds | ||
Other | 1 space per 2 bedrooms and 1.5 spaces per employee | |
Community Service | 1 space per 300 square feet | |
Library, Museum, Art Gallery, Art Center | 1 space per 300 square feet | |
Other | 1 space per 200 square feet of | |
Day Care | Day Care Center | 1 space per employee plus 1 space per 8 clients enrolled |
Educational Facilities | Business Schools | 5 spaces per classroom or office |
College/University | 5 spaces per classroom or office | |
Schools, Public/ Private | 2 spaces per classroom or office in elementary schools;5 spaces per classroom or office in high schools | |
Trade/Vocational | 5 spaces per classroom or office | |
Government Facilities | Ambulance Service, Rescue Squad, Police Station | 1 space per 200 square feet of |
Prison or Jail | 1 per employee plus 1 visitor space per 10 inmates | |
Other | 1 space per 300 square feet of | |
Health Care | Continuing Care Facility | 1 space per employee on maximum shift plus 1 visitor space per 5 beds |
Hospital | 2 spaces per bed | |
Medical Clinic | 1 space per 150 feet of | |
Other | 1 space per 200 square feet of | |
Institutions | Group Care Facility | 1 per 3 beds |
Handicapped Institution | 1 per 3 beds | |
1 space for every two employees on maximum shift and 1 space for every 3 beds | ||
Mental Health Facility, Nursing Care Institution | 1 space for every employee on maximum shift and 1 space for every 3 beds | |
Other | 1 space for every two employees on maximum shift and 1 space for every 3 beds | |
Parks and Open Space | Cemetery | 1 space per 50 internment plots |
Public Park | 2 per acre, plus 1 per 250 square feet of developed park facility | |
Public Swimming Pool, Tennis Courts, Golf Course | 1 space for every 3
to be normally accommodated in the establishment, 5 per tennis court, and 4 per hole | |
Other | 2 per acre, plus 1 per 250 square feet of developed park facility | |
Passenger Terminal | Bus Passenger Terminal | 1 per 300 square feet |
Taxicab or Limousine Operations or Facility | 1 per employee, plus 2 visitor spaces | |
Religious Institution | 1 space for every 4 seats or 1 space for every 40 square feet in the portion of the church
to be used for services | |
Utilities | Minor Utility | None |
Major Utility | 1 per facility, plus 1 additional per 250 square feet of
and 1 per fleet vehicle | |
Telecommunication Facility | 1 for service vehicle | |
Entertainment | Golf Course or Country Club, Private | 1 space per 200 square feet of area within enclosed
, plus 1 space for every 3
that the outdoor facilities are designed to accommodate when used to the maximum capacity |
Gym, Spa, Indoor Tennis Court or Pool, Private | 1 space for every 3
that the facilities are designed to accommodate when fully utilized, plus 1 space per 200 square feet of
used in a manner not susceptible to such calculation | |
Horse Stables | 1 space per 2 horses at maximum capacity | |
1 space for every 3
that the facilities are designed to accommodate when fully utilized (if they can be measured in such a fashion) plus 1 space per 200 square feet of
used in a manner not susceptible to such calculation | ||
Indoor Entertainment Facility | 1 space for every 3
that the facilities are designed to accommodate when fully utilized (if they can be measured in such a fashion) plus 1 space per 200 square feet of
used in a manner not susceptible to such calculation | |
Outdoor Athletic Facility, Private | 1 per 3 fixed seats, plus 1 per 25 square feet of
of exhibit or portable seating space. | |
Sexually Oriented Business | 1 per 100 square feet of
, or 1 per each 4 permanent seats, plus 1 space per 200 square feet of | |
Theater | 1 space for every four seats | |
Theater, Drive-In | 1 space per speaker outlet | |
Water Slide | 1 space for every 3
that the facilities are designed to accommodate when fully utilized | |
Other | 1 space for every 200 square feet of | |
Office | Medical Office | 1 space for every 200 square feet of |
Other | 1 space for every 300 square feet of | |
Overnight Accommodations | Bed and Breakfast | 1 space per room plus 1 space for every 2 employees on the maximum shift |
Extended Stay Facility | 1 space per room plus 1 space for every 2 employees on the maximum shift | |
Hotel/Motel | 1 space per room plus 1 space for every 2 employees on the maximum shift | |
Parking, Commercial | 1 space per employee on the maximum shift | |
Restaurant | 1 space per 100 square feet of
, plus 1.5 spaces for every 2 employees. | |
Drive-Through | 1 space for each 3 seats, plus reserve lane capacity equal to 5 spaces per drive-up window | |
Other | 1 space plus 6 spaces per order delivery
on maximum shift | |
Retail Sales and Service | Bar, Nightclub, Taverns | 1 space per 100 square feet of |
Convenience Store | 1 space per 200 square feet of | |
Fuel Sales | 1 space per 200 square feet of
of
devoted primarily to gas sales operation, plus sufficient parking area to accommodate 2 vehicles per pump without interfering with other | |
Open Air Market | 1 space per 300 square feet of sales area | |
Veterinarian/
, Indoor | 1 space per 200 square feet of | |
Veterinarian/
, Outdoor | 1 space per 200 square feet of | |
Other | 1 space per 200 square feet of | |
Self-Service Storage | 1 per 5,000 square feet of area devoted to storage | |
Vehicle Sales and Service | Car Wash | 1 space for every 3 employees on the maximum shift plus 3 spaces per stall |
Vehicle Repair | 5 spaces per service bay plus 1 space for each employee | |
Vehicle Sales, Rental | 2 spaces per 300 square feet of
plus one space for every 2 employees on the maximum shift | |
Vehicle Service, Limited | 5 spaces per service bay plus 1 space for each employee | |
Other | 1 space per employee, plus one visitor space per 200 square feet of office | |
Aviation Service | 1 space per employee, plus one visitor space per 200 square feet of office | |
Light Industrial Service | 1 per 500 square feet of | |
Other | 1 per 500 square feet of
, plus 1 additional per 1,000 square feet of
outdoor facility and 1 per 2,500 square feet of indoor storage area | |
Manufacturing and Production | 1 space for every 2 employees on the maximum shift or 1 space per 200 square feet of
, as most appropriate | |
Resource Extraction | 1 space for every 2 employees on the maximum shift, plus 1 per 200 square feet of
indoor facilities | |
Warehouse and Freight Movement | Storage | 1 space for every 2 employees on the maximum shift but not less than 1 per 5,000 square feet of area devoted to
(whether inside or outside) |
Truck Terminal | 1 space per 2 employees on maximum shift | |
Waste Related Service | Reclamation | 1 space per 2 employees on maximum shift plus 1 space per vehicle used in operation |
Recyclable Materials Collection | 1 space per 2 employees on maximum shift plus 1 space per vehicle used in operation | |
Salvage Yard | 1 space per 2 employees on the maximum shift but not less than 1 per 5,000 square feet of area devoted to
, plus 1 space per vehicle
in operation | |
Sanitary | 1 space per 2 employees on maximum shift plus 1 space per vehicle used in operation | |
Other | 1 space per 2 employees on maximum shift plus 1 space per vehicle used in operation | |
1 space for every 2 employees on maximum shift | ||
Agriculture | 1 space per 2 employees on maximum shift | |
C. Flexibility in administration authorized.
1. In recognition that inflexible application of the parking standards in paragraph B., above, may result in inadequate or excessive parking requirements, the permit-issuing authority shall permit deviations from the presumptive requirements of paragraph B. of up to 25%.
2. Any allowed or required deviation from the presumptive parking requirements set forth in paragraph B. above shall be entered on the permit.
3. If the permit-issuing authority is the
, and the applicant does not wish to accept the Planning Director's decision and requirements, the applicant can request a
.
D. dimensions. Each shall contain a rectangular area at least 18 feet long and nine feet wide, except as follows:
1. Handicapped spaces shall be consistent with the requirements of Chapter 4 of the North Carolina Accessibility Code, as amended and shall be located as closely and conveniently as practical to
entrances (see Appendix F).
2. Parallel
shall have a rectangular area of not less than 24 feet in length and nine feet in width.
3. Angled
shall conform with the dimensions illustrated below. Alternative designs may be allowed by the Town Engineer provided it is consistent with the recommended dimensions contained in the latest edition of the Traffic Engineering Handbook published by the Institute of Traffic Engineers.
E. Required widths of and .
1.
widths shall conform to the following table, which relates aisle widths to parking angles.
Parking Angle | Width: One Row Sharing Aisle | Width: Two Rows Sharing Aisle |
90 degrees | 42 feet | 60 feet |
60 degrees | 40 feet | 62 feet |
45 degrees | 35 feet | 56 feet |
2.
shall be not less than ten feet in width for one-way traffic and 18 feet in width for two-way traffic, except that ten feet wide
are permissible for two-way traffic when:
a. The
is not longer than 50 feet;
b. It provides access to not more than six spaces;
c. Sufficient turning space is provided so that vehicles need not back into a public
;
d. The
is a low traffic volume
and the public right-of-way has a low traffic volume.
A may provide relief
from this requirement.
3. For
proposed adjacent to U.S. 70, 401 or N.C. 50, see Article 8.
F. General design requirements. shall be designed so that:
1. Vehicles may exit such area without backing onto a public
. This requirement does not apply to
serving one or two
.
2. Vehicles cannot overhang property lines, public rights-of-way, or public sidewalks, or tend to bump against or damage any wall, vegetation or other obstruction.
3. Vehicles can move without posing a danger to pedestrians or other vehicles and without interfering with parking areas.
G. surfaces and standards.
1. It is strongly recommended that
with lanes for drive-in windows or ten or more
, and that are used at least five days per week, be graded and surfaced with asphalt, concrete or other material that will provide equivalent protection against potholes, erosion, and dust. Appendix C contains specifications for surfaces meeting this standard.
2.
not permanently surfaced shall be graded and surfaced with crushed stone, gravel or other suitable material (as provided in the specifications set forth in the Town of Garner Standard Construction Details in Appendix B) to stabilize the area and reduce dust and erosion. The perimeter of such parking areas shall be defined by bricks, stones, railroad ties, or similar devices. This section shall not apply to
required to have only one or two
.
3.
shall provide a minimum five feet or perimeter space between the right-of-way line or property line and the edge of the
, and shall be landscaped in plantings or other appropriate manner. When adjacent to residential
and/or districts, plantings, hedge or a solid fence to a height of at least four feet shall provide a screen.
4.
shall be demarcated in a practical and appropriate manner.
5.
shall be properly maintained. In particular,
surfaces shall be kept in good condition and
demarcations shall be kept clearly visible and distinct.
6.
shall be separated from walkways so that at least a 4-foot walkway width is unobstructed.
H. Joint of required .
1. One parking area may contain required spaces for several
, but, except as provided in paragraph 2. below, the required space assigned to one
may not be credited to any other
.
2. To the extent that
that wish to make joint
of the same
operate at different times, the same spaces may be credited to both
. For example, if a parking
is used in connection with an office
on Monday through Friday but is generally 90 percent vacant on weekends, another
that operates only on weekends could be credited with 90 percent of the spaces on that
. Or, if a church parking
is generally occupied only to 50 percent of capacity on days other than Sunday, another
could make
of 50 percent of the church lot's spaces on those other days.
3. If the joint
of the same
by two or more principal
involves satellite
, then the provisions of paragraph I. below are also applicable.
I. Satellite parking.
1. If the required number of off-
cannot reasonably be provided on the same
as the
they are serving then spaces may be provided on nearby
in accordance with the provisions of this section. These off-site spaces are referred to as satellite
.
2. Satellite
(except spaces intended for employee
) must be located within 400 feet of the
associated with such parking.
3. Satisfactory written evidence of permission by the owner(s) of the area to be used for satellite
must be provided by the
. The
must also
an acknowledgment that the continuing validity of his permit depends upon his continuing ability to provide the requisite number of
.
4. For
where:
a. The
(s) pre-existed this UDO;
b. A change in
that does not involve any structural enlargement is proposed; and
c. The parking requirements cannot be satisfied on such
, then the
need only comply with the requirements of paragraph A. of this section to the extent that
is available on the
where the
is located, and satellite
is reasonably available as provided in paragraph F of this section. It shall be a continuing condition of the permit authorizing
on such
that the
obtain satellite parking when it does become reasonably available.
5. Satellite parking areas are required to satisfy the general design requirements of paragraphs F. and G. of this section.
J. .
1. Whenever normal business operations require routine deliveries to or shipments from a
, sufficient off-
must be provided in accordance with this section to accommodate the delivery or shipment operations in a safe and convenient manner.
2. The
must be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area. The following table indicates the number and size of spaces that, presumptively, satisfy the standard set forth in this subsection. However, the permit-issuing authority shall approve more or less
if
numerical justification is signed and sealed by an engineer licensed in NC
.
of | Number of Spaces with Maximum Dimensions of 12' X 25' and Overhead Clearance of 14' From
Grade
|
of | Number of Spaces with Maximum Dimensions of 12' X 25' and Overhead Clearance of 14' From
Grade
|
0—39,999 | 1 |
40,000—99,999 | 2 |
100,000—159,999 | 3 |
160,000—239,999 | 4 |
240,000—319,999 | 5 |
320,000—399,000 | 6 |
400,000 and over | 6 spaces plus one space for each additional 90,000 square feet over 400,000 square feet or fraction thereof |
3.
shall be so located and designed that the vehicles intended to use them:
a. Can maneuver safely and conveniently to and from a public right-of- way; and
b. Complete the loading and unloading operations without obstructing or interfering with any public right-of-way or any
or parking
aisle.
4. No area allocated to loading and unloading facilities may be used to satisfy requirements for off-
parking and vice-versa.
5. Loading areas within the
of industrial
shall be self contained and capable of handling its own truck maneuvering and docking requirements. The maneuvering, staging and docking areas shall not be in conflict with the required
,
and their aisle/maneuvering areas. The
of public
for commercial vehicle staging and/or maneuvering is prohibited. Loading areas shall be located either to the rear or the side of the industrial
(s) to alleviate unsightly appearances often created by loading facilities. Where such locations are not feasible, loading docks and doors shall be screened as detailed in Section 7.1.M.2.
(Ord. No. 3396, § 13, 4-3-06; Ord. No. 3558, § 2, 7-7-09; Ord. No. 3673, § 4, 10-1-12; Ord. No. 3749, § 3, 10-6-14
; Ord., 3-16-21
)
Commentary:
are permitted throughout the Town according to these
regulations. Different areas of the community are subject to different
regulations. In particular, the I-40, Timber Drive and U.S. 70/401 corridors have separate regulations in the following material.
Some
are allowed without a permit (see D. below).
General
requirements are set forth in G. below. Details about
and location of specific types of
are set forth in H. below.
Timber Drive regulations are set forth in J. below, and U.S. 70/401 regulations are set forth in K. below.
A. Purpose and intent. These regulations are intended to:
1. Encourage the effective
of
as a means of communication for businesses, organizations and individuals in the Town of Garner;
2. Encourage the effective
of
as a means to improve pedestrian and traffic safety and to promote safe way-finding in Garner by establishing minimum standards for visibility and legibility of
;
3. Require that all
that, because of their location, are within the view of drivers in active traffic, meet minimum standards of visibility, legibility and conspicuity standards, and to differentiate these
from those
that are not within the view of drivers in active traffic but that may provide information to them while they remain in their cars but out of active traffic;
4. Maintain and enhance the pleasing look of Garner and preserve Garner as a community that is attractive to business;
5. Minimize the possible adverse effects of
on nearby public and private property;
6. Implement the provisions of the Comprehensive Growth Plan, as updated from time to time;
7. Create cohesive
regulations that create a recognizable context in Garner; and
8. Prohibit all
on private property not expressly permitted under this section.
B. regulations: Height, number and size of . Unless otherwise provided, the total surface area of all on any shall not exceed the limitations set forth in this section, and all , except temporary and those excluded from regulation under this section shall be included in this calculation.
C. Prohibited . The following are prohibited in all districts.
1. Any non-government
which by its location, shape, size, message, color or operation would tend to obstruct the view of or be confused with official traffic or railroad
, signals or devices or other
erected by governmental agencies;
2. Any
which, at its proposed location, would interfere with the view necessary for motorists, bicyclists or pedestrians to proceed safely through intersections or to enter onto or exit from public
or private roads or
;
3. Any
, subject to paragraph D.1. below, placed or shaped so as to interfere with or obstruct any window, door, fire escape, stairway, walkway, opening intended to provide light, air, ingress or egress for any
or with vehicular movement on public
or drives;
4. Any
, or portion thereof, which, to attract attention, moves, rotates, flutters or appears to move in any way, whether by natural, electrical or mechanical means, including banners, flags, propellers and similar devices except where noted in paragraph I. of this section;
5. Any
which contains or is illuminated by flashing or intermittent lights, lights of changing degrees of intensity, or rotating lights, except
indicating time and/or temperature or electronic message
as regulated in Subsection I(2)(e);
6. Balloons, blimps or similar types of lighter-than-air objects, except those which are subject to Federal Aviation Administration regulations;
7. Portable
, including any
displayed on or painted on vehicles or trailers used primarily for the purpose of attracting attention, except
painted or permanently attached to a commercial vehicle shall be allowed provided:
a. The vehicle is
worthy and is regularly used as part the of business operation;
b. The vehicle displays a current license that is registered to said vehicle and;
c. The vehicle displays any required North Carolina inspection decal;
Commentary: The intent subsection 7 above is to prohibit the
of commercial vehicles that are used strictly for signage purposes in cases where there is no regular
of the vehicle in the business operation (i.e. the vehicle is not operable and is parked in one location and is not moved on any regular basis). Commercial vehicles that are regularly used as part of business are not restricted under this section.
8. Any commercial
not located on the premises for which it advertises, except as specifically permitted;
9. Any temporary
or banner, except as specifically permitted;
10. Any
or portion thereof placed into or overhanging any right-of-way, except as specifically permitted; and
11. Any
extending above or placed upon any roof surface except as provided in paragraph H.1. of this section.
D. allowed without a permit. The following may be erected and maintained in all districts without a permit.
1. Directional real estate
no more than four square feet in size and posted only from Friday at 6:00 p.m. until Sunday at 8:00 p.m. Such
shall be located no less than four feet from the back of curb, and shall not interfere with clear sight triangles at
or intersections.
2.
on interior window glass, regardless of number, size or coverage.
on glass doors are limited to 30 percent coverage of the glass area and enough clear area shall be maintained to allow adequate vision to ensure safe
of the doors by people of all sizes;
3. Un-illuminated temporary
which advertise the sale, rental or lease of the premises upon which the
is located, limited to five square feet in total area for residential
, and 32 square feet in total area for commercial or industrial properties. Any such
shall not be placed within any right-of-way or situated so as to interfere with sight distance, shall be limited to one
per
frontage and six feet in height and shall be removed within ten days of the sale, lease or rental of the property advertised or within five days of the date the sold
is added or affixed;
4.
directing and guiding traffic on private property that do not exceed two square feet in surface area or two feet in height and that bear no advertising matter;
5.
and displays, including lighting erected in connection with the observance of holidays. Such
shall be removed within ten days following the holiday;
6. Changes in the moveable lettering of any permitted
;
7.
advertising a special event such as a fair, carnival, circus, fish fry, garage sale or other similar happening provided the following conditions are met:
a.
are not erected more than two weeks before the event, and shall be removed not later than three days after the event.
b.
shall be placed no closer than ten feet back from the curb line or edge of pavement.
c.
shall not be placed on any existing official governmental
, including legal notices, identification and informational
and traffic, directional or regulatory
.
d.
shall not be placed on any utility poles, trees on public right-of- way, or
medians.
e.
shall not exceed three feet in height and nine square feet in total area.
8. Political
erected in connection with elections or political campaigns are permitted under the following conditions:
a. Political
in the vicinity of a polling place for a period not exceeding 24 hours preceding the opening of the local polls; such
shall be removed within 24 hours following the closing of local polls.
b. All political
shall be removed from the public
right-of-way within seven days after the election day. A political
shall not be permitted in a sight distance triangle as specified in Article 11.2.
c. Except as noted in a. above, political
shall not be erected or posted until the candidate filing deadline date for the applicable national, state, or local office, including primary elections. Prior to the erection of any political
, the candidate, or authorized representative shall post a bond or cash deposit in the amount of $200.00 with the Planning Department to guarantee the private removal of political
. The bond or cash deposit may be returned only upon satisfactory removal of such
according to the time requirements as specified herein. All political
shall be removed from the public
right-of-way within seven days after the election day.
d.
shall be placed no closer than ten feet off the curb or ditch.
e.
shall not be placed on any utility poles, tree on public property, or in any
median.
f. No
shall exceed 32 square feet in total area or more than eight feet in height.
g. Such
on private property shall conform to this section.
9.
selling gasoline are allowed the following
:
a. Price, self-service and/or credit card
located at and secured to each pump island and not exceeding nine square feet in aggregate per pump island or one square foot per side per pump.
b. Brand name, grade of gasoline and informational signage directly related to the gasoline being dispensed (i.e. pump usage directions, etc.) not exceeding nine square feet in aggregate per pump island or one square foot per side per pump.
10. One North Carolina automobile inspections
located on the
or on a permitted freestanding
, and not exceeding ten square feet; and
11.
sponsored by government, school, recreational or civic clubs providing rules for the
of
and sites, such as a pool, or schedules, are permitted on the same site as the organization or
, limited to 16 square feet per side, 32 square feet in aggregate area.
12.
on residential
, premises or mailboxes giving the names and/or address of the occupants and
posted on property relating to private parking or warning the public against trespassing or danger from animals, provided any such
shall not exceed two square feet in area; there shall be not more than two such
per
.
13.
erected by, on behalf of, or pursuant to the authorization of a governmental body, including legal notices, identification and informational
, and traffic, directional, and regulatory
.
14. Official
of a noncommercial nature erected by public utilities, such as
denoting the location of underground utilities.
15. Flags, pennants or insignia of any governmental, civic or non-profit organization when not displayed in connection with a commercial venture or an advertising device and when located on the same site as the organization provided the maximum height for such does not exceed 30 feet or the height of the tallest principal
on the site whichever is greater; and the maximum size does not exceed 32 square feet.
16.
proclaiming religious, political, or other noncommercial messages (other than those regulated by Section 280) that do not exceed one per abutting
and 16 square feet in area and that are not internally illuminated.
E. Computation.
1. area.
a. Area to be included. The area of a shall include all lettering, wording, designs and symbols, together with the background, whether open or enclosed, on which they are displayed. The supporting or bracing of a shall be omitted in measuring the area of the unless such or bracing is made part of the message or face of the .
b. attached to walls. Where a consists of individual letters, words or symbols attached to a surface, , canopy, awning, wall or window, the area shall be the area of the smallest rectangle which completely encompasses all such letters, words or symbols and any accompanying background of a color different than the natural color of the wall.
c. Gas sales or convenience store with gas sales. The registered trademark of the brand of gas sold shall not be considered in the number of wall allowed, but the area of such trademarks shall be included in the maximum area permitted by .
2. Computation of height. The height of a shall be computed as the distance from the base of the at a computed grade to the top of the highest attached component of the . The computed grade shall be the elevation of the nearest point of the crown of a public or the grade of the land at the principal entrance to the principal on the , whichever is lower.
F. Schedule of general requirements.
For a printer-friendly version, please click here
Zoning District |
Type | Maximum
Area Per | Maximum | Maximum Height
|
Zoning District |
Type | Maximum
Area Per | Maximum | Maximum Height
|
Residential Zones: All Residential Districts (R-40, R-20, R-15, R-12, R-9, RMH, MF-1, MF-2 and Planned
Residential
) | Freestanding: Residential
Other Permissible | 4 square feet 32 square feet | 1 | 4 feet |
Wall: Churches, schools, or other residential
permitted in all residential zones | 24 square feet | 1 | 5 feet | |
Residential Entrance | See Section 7.5 (I)(2)(a) | 1 | None | |
I-40: All Business or Industrial Districts (NO, OI, NC, CR, SB, I-1, I-2) | Freestanding: | 100 square feet | 1 per
frontage, 2 maximum | 12 feet |
Wall:
up to 100,000 square feet floor area | Greater of 60 square feet or 7% of wall frontage | 3 wall | None | |
Wall:
over 100,000 square feet | Lesser of 100 square feet or 10% of wall frontage | 3 wall | None | |
U.S. 70 & U.S. 401: All Business or Industrial Districts (NO, OI, NC, CR, SB, I-1, I-2) | Freestanding: | 100 square feet | 1 per
frontage, 2 maximum | 12 feet |
Wall:
up to 100,000 square feet floor area | Greater of 60 square feet or 7% of business wall frontage | 3 wall | ||
Wall:
over 100,000 square feet floor area | Lesser of 100 square feet or 10% of wall frontage | 4 wall | ||
OI Districts: All NO and OI Districts not on Timber Dr., U.S. 70, U.S. 401 or I-40 | Freestanding (monument only): 100 square feet maximum total all freestanding and wall | 48 square feet | 1 per
frontage, 2 maximum | 6 feet |
Wall:
up to 100,000 square feet floor area | Greater of 60 square feet or 7% of wall frontage | 3 | N/A | |
Wall:
over 100,000 square feet | Lesser of 100 square feet or 10% of wall frontage | 4 | N/A | |
Business Districts: All Business Districts (NC, CR, SB, I-1, I-2) not on Timber Dr., U.S. 70, U.S. 401 or I- 40 | Freestanding: 100 square feet maximum total all freestanding and wall | 60 square feet | 1 per
frontage, 2 maximum | 12 feet |
Wall:
up to 100,000 square feet floor area | Greater of 60 square feet or 7% of wall frontage | 3 | None | |
Wall:
over 100,000 square feet | Lesser of 100 square feet or 10% of wall frontage | 4 | None | |
G. General location and standards. The following regulations shall apply to in all districts.
1. Not in right-of-way. No or portion thereof may be placed into or overhang any right-of-way.
2. located substantially below . Where a business is located substantially below the elevation of the (as determined by the ) such that the allowable maximum height creates unreasonable hardship in terms of limited visibility, an exception to the usual maximum height requirements may be granted via a . This exception shall allow only for the minimum height beyond that normally granted necessary to provide reasonable visibility for the from the upon which the business fronts having the highest traffic count. (Unless conflicting with other provisions of this UDO, the shall be located at the point on the site along said frontage at which reasonable visibility from said is first achieved within the allowable maximum height.) Regardless of location, and in no case after making this exception shall the be allowed at a height above said which exceeds the maximum permitted height in this section.
3. materials. All materials used for shall be durable. Examples of materials which do not endure include particle board and plywood. Additionally, the external painting of using methods that are not durable are not allowed. Enamels must be baked on so as to help retain a new look, and proper sealing from the weather is required. All should be fully encased or skirted at a minimum width that is one-half of the width of the face so as to present an appearance of pillars or other substantial supports.
4. lighting. Illumination of is allowed in accordance with the following provisions:
a. No illuminated
shall be permitted within 50 feet of any residential district. Church bulletin boards are exempt from this provision.
b. No
within 300 feet of a residential zone may be illuminated between the hours of 12:00 midnight and 6:00 a.m., unless the impact of such lighting beyond the boundaries of the
where the
is located is entirely inconsequential.
c. Lighting directed toward a
shall be shielded so that it illuminates only the face of the
and does not shine directly into a public right-of-way or residential premises.
d. All lighted
shall comply with state and local building and electrical codes, and shall bear the label of Underwriters Laboratories, Inc. All wiring to freestanding
or to associated lighting equipment shall be underground, unless it is impracticable to do so.
e. Poles and other supporting
shall not be internally illuminated.
5. Changeable copy. A changeable copy or marquee shall be erected only in combination with an identification and shall be included in the computation of area.
H. standards by type.
1. Wall .
a. No
may project more than 18 inches from the
wall.
b. No wall
shall project above the roofline.
c. A
may extend down from a roof or porch or walkway overhang not more than 18 inches (to the bottom of the
), provided however that a minimum clearance of seven feet between the bottom of the
and the walking surface shall be maintained.
d. Displays on roofs of residential
erected in connection with holiday observance are not included in this prohibition.
e. Roof surfaces constructed at an angle of 75 degrees or more from horizontal shall be regarded as wall space for the purposes of this section.
2. Freestanding .
a. Freestanding
shall be securely fastened to the ground so that there is virtually no danger that the
may be moved by wind or other forces of nature and cause injury to
or property. All applications for a freestanding
shall be accompanied by an engineer's sealed footing drawing and calculations testifying to the ability of the
to withstand 100 mile-per-hour winds.
b. No freestanding
shall encroach into any right-of-way.
c. The Town encourages the
of the specific information signing program (LOGO Program) along I-40.
d. Where physically possible and to the greatest extent possible, all
freestanding
(including multi-tenant
) shall be
separated by a distance of at least 150 feet from the next nearest along the frontage.
e. All freestanding
shall be located on-site only, and shall be separated by a minimum distance of 100 feet.
f. The base of every permanent freestanding
that requires a
shall be landscaped. The size of the planted landscape area shall be determined by multiplying the height of the
(measured from the ground to the upper most part of the
) by the width of the
(widest dimension), divided by two, but in no case shall the planted area be less than 50 square feet, unless restricted by the amount or size of land upon which the
is situated that is owned or controlled by the applicant. The planted landscape area shall contain materials such as, but not limited to: vegetative ground covers, perennials, shrubs,
and mulch, but excluding paving and artificial plant materials. A sketch plan of the
with the name, quantity and spacing of plants shall be
included in the application
for
.
g. Poles and other supporting
shall not be internally illuminated.
3. Off-premises advertising .
a. Off-premises advertising
are permitted only in I-1 or I-2 zones; no off-premises advertising
are permitted except along and facing U.S. 70 or U.S. 401. No off-premises advertising
shall be permitted along and facing the 1-40 corridor.
b. Off-premises advertising
shall be spaced a minimum of 2,500 feet apart, measured between
facing the same
.
c. Where the structural support is visible from any
, the display shall be constructed on a steel single pole.
d. The immediate premises shall be kept free from debris or undergrowth. Appropriate landscaping shall be placed and maintained at the base of the structural support of every off-premise advertising
erected.
e. All displays shall be maintained in a state of good repair. The backs and supporting
of all off-premise advertising
shall be kept painted in a neutral color to blend with the natural environment.
f. While minor repairs, maintenance and the posting of new messages on off-premise advertising
made nonconforming by this UDO are permitted, no changes in the size of
of the
shall be permitted except to make the
comply with the requirements.
g. Off premises advertising
may be placed back-to-back or in a v-type
. Not more than one face is allowed on each side of the display.
h. Size, height and setback requirements are as follows:
Standard | |
Maximum Surface Area | 150 square feet |
Minimum Setback | 50 feet |
Maximum Height | 25 feet |
4. Multi-tenant .
a. All multi-tenant
, including but not limited to
identification
, multiple business
, directory
and all wall
, shall meet the standards in the following table. For locations within the Timber Drive Overlay District, see paragraphs J., below.
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Multi-Tenant
Type | Maximum
Area | Maximum Number | Maximum Height
|
Multi-Tenant
Type | Maximum
Area | Maximum Number | Maximum Height
|
Freestanding
:
up to 300,000 square feet | 100 square feet | 1 per
frontage, 2 maximum | 10 feet |
over 300,000 square feet and up to 500,000 square feet | 120 square feet | 2 per
frontage, 3 maximum | 15 feet |
over 500,000 square feet | When
qualifies for 4 freestanding
: 1 @ 180 square feet; 3 @ 120 square feet | Maximum of 4 when
has frontage on 3 or more public
, no more than 2 per public
frontage* | When
qualifies for 4 freestanding
: 1 @ 15 feet* 3 @ 12 feet* |
For
that do not qualify for 4 freestanding
the maximum area per
is 120 square feet | For
that do not qualify for 4
, a maximum of 3 allowed with no more than 2 per public
frontage | For
that do not qualify for 4
,
height may be up to 15 feet* | |
Freestanding community identification or directional
(Applies only to
over 500,000 square feet) | 20 square feet | Maximum of 4
regardless of
type, no more than 2 at any one location | 4 feet |
On-Premise Directional
:
up to 300,000 square feet | 20 square feet | 1 per entrance or internal intersection, 2 maximum | 5 feet monument only |
over 300,000 and up to 500,000 square feet | 20 square feet | 1 per entrance or internal intersection, 3 maximum | 5 feet, monument only |
over 500,000 square feet | 20 square feet | 1 per entrance, or other internal location (maximum of 4) | 5 feet monument only |
: Freestanding monument
(
up to 300,000 square feet) | 32 square feet | 1 per | 4 feet |
Freestanding monument
(
over 300,000 and up to 500,000 square feet) | 32 square feet | 1 per | 4 feet |
Freestanding monument (
over 500,000 square feet) | 32 square feet | 1 per | 4 feet |
Wall: (including canopy face)
up to 100,000 square feet | Greater of 60 square feet or 10% of frontage wall area | 1 per
& 1 per public
, max. of 3 | None |
over 100,000 square feet and up to 500,000 square feet | Greater of 60 square feet or 7% of frontage wall area | 1 per
& 1 per public
, max. of 3 | None |
over 500,000 square feet | Greater of 60 square feet or 7% of
wall area | 1 per
& 1 per public
, max. of 3 | No
above roofline |
For 100,000 square foot major individual tenant in a | Greater of 60 square feet or 7% of
wall | 1 per
& 1 per public
, max. of 4 | No
above roofline |
Canopy Underhang:
of any size | 4 square feet | 1 per business | Bottom of
maximum 18 inches below bottom of canopy face |
Note: All freestanding
in multi-tenant
shall be separated by 300 feet between freestanding
and 100 feet between
freestanding
.
b. Multi-tenant
standards. All multi-tenant
, including but not limited to
identification
, multiple business
, directory
and all wall
, shall conform to the following criteria and standards. (Wall
and freestanding
on existing
, regardless of the number of businesses on those parcels, are not required to meet the following criteria and standards, but are encouraged to do so to better achieve the purpose stated above.)
Criteria and Standards for Multi-Tenant | ||
Criteria | Wall | Freestanding |
Criteria and Standards for Multi-Tenant | ||
Criteria | Wall | Freestanding |
Locations | Uniform vertical and horizontal positions on storefront | N/A |
Type | Similar style encouraged;
allowed; maximum of 2 lines per | N/A |
Materials | Uniform; compliment building facade materials | |
Colors | Same 3 matching colors (maximum) on each
encouraged; pattern or scheme required. Garish schemes not allowed. | |
Maximum 20 percent of approved
area | ||
Illumination |
may be illuminated or not, but all illumination must be the same type and intensity of light | |
Poles | N/A | One pole preferred for
other than multi-business
. Minimum skirt width of 4 feet for single pole. Maximum of 2 poles per
. Poles may not be illuminated. |
5. Nonresidential .
a. Nonresidential
shall meet the standards in the following table:
Type | Maximum
Area | Maximum | Maximum Height
|
Freestanding:
identification or a freestanding multi- tenant
(monument
preferred) | 72 square feet | 1 per exterior
frontage, 2 maximum | 12 feet for pole
with minimum 7-foot wide base, 8 feet for monument |
Monument
for individual parcels and lease | 60 square feet | 1 per parcel or lease | 6 feet |
Wall: Including canopy face | Lesser of 72 square feet or 15% of
wall area | 1 per
and one per public
, 3 maximum | None |
Canopy
: | 4 square feet | 1 per business | Bottom of
maximum 18 inches below bottom of canopy face |
6. Nonresidential standards. All identification , multiple business , freestanding for individual businesses, and all wall shall conform to the following criteria and standards and the standards of paragraph N.
Criteria and Standards for Nonresidential | ||
Criteria | Wall | Freestanding |
Criteria and Standards for Nonresidential | ||
Criteria | Wall | Freestanding |
Locations | Uniform vertical positions; all centered on storefront or to one side of storefront | N/A |
Type | Similar style encouraged;
allowed | |
Materials | Similar style; compliment building facade materials | |
Colors. | Same 3 matching colors (maximum) on each
encouraged; pattern or scheme required. Garish schemes not allowed | |
Maximum of 20 percent of
area | ||
Illumination |
may be illuminated or not, but all illumination must be the same type and intensity of light | |
Poles | N/A | One pole preferred for
other than multi-business
. Maximum of 2 poles per
. Poles may not be illuminated. |
I. Miscellaneous temporary and permanent . The following temporary and permanent are permitted in addition to any allowed in above, and all require a .
1. Temporary .
a.
site identification
, naming the
,
, contractors and others connected with the
, sale or lease of
, and related information, are permitted. Not more than one such
may be erected per site, and it may not exceed 32 square feet in area or six feet in height. Permits for such
shall be limited to one-year, with a one year permit renewable option. Permits for such signs shall be limited to a maximum of two years, which includes the original permit period, provided:
i. such
are not erected prior to site, Special
or Conditional Zoning approval of the project identified;
ii. that such permits have not expired and;
iii. the
are maintained in good condition
with no visible deterioration, flaking paint, cracks, etc
.
Any such
shall be removed within ten days after the issuance of the final occupancy permit or where a site, Special Use or Conditional Zoning approval has expired.
b.
or banners advertising special events must be on private property and shall not be permitted within public rights-of-way. Permits for such banners or
shall be limited to 30 days and no more than three times each year. Any such banner or
shall be removed within ten days after the event was advertised.
c.
or banners advertising the initial opening of a business establishment may be permitted on private property. Not more than one such
or banner per site is permitted at any one time; such
or banner shall not exceed 32 square feet in area and shall meet all other requirements. Permits shall be limited to 30 days from the date of issue.
d.
on private property directing the public to a
or multifamily
are permitted, provided that the property owner's written permission for such
of his land accompanies the permit request, that the
does not exceed 32 square feet in surface area or six (6) feet in height. The shall bear only the name of and direction to the development. Permits for such
are limited to one year with a one year permit renewal option. Permits for such
shall be limited to a maximum of two (2) years which includes the original permit time period, provided such
are maintained in good condition and appearance
with no visible deterioration, flaking paint, cracks, etc
. Any such
shall be removed within ten days after the issuance of the final occupancy permit or upon expiration of the sign permit.
e.
providing direction to a U-pick farm operation or agricultural market are permitted. Any such
shall not exceed 32 square feet in area. Permits shall be limited to a maximum of 60 days from the date of issue and require the written permission of the property owner or his agent for such use of his land.
f. The application for a permit under the above noted sections and the enjoyment of the rights to display signage pursuant to this section constitute an authorization by the owner of the
that the Town may remove and destroy the
if the owner fails to remove the
within 10 days of the expiration of the last permit issued for the
.
If the
is located on private property, the application for the permit for the
and the enjoyment of the right to display such signage constitutes authorization for the Town to enter upon such private property to remove the
pursuant to the above noted sections.
2. Permanent .
a. Residential .
(1) Each individual residential
or multifamily
is permitted the option of having one freestanding monument
to be located at the major entrance to the
with a single side of the
not to exceed 32 square feet in area or five feet in height, or two freestanding monument
with single faces not to exceed 16 square feet and five feet in height. The maximum deviation permissible under this section is 30 percent
and requires a .
(2) All other entrances for each distinct phases of a residential
or multifamily
are permitted one freestanding monument
having a maximum single side surface area of 16 square feet and four feet in height. A single
may be located within a median of a public right- of-way, at the major entrance to the
if such entrance is divided by a median with dimensions of minimum length of 50 feet and minimum width of ten feet. A
located in the median of a public right-of-way shall be located a minimum of ten feet from the end of the median radius and shall not exceed 3.5 feet. The maximum deviation permissible under section is 30 percent
and requires a
.
(3) For all entrance
, the height limitation shall apply to the
as well as any support devices such as but not limited to a wall, monument, fence, etc., or similar architectural features.
b. Promotional . Promotional advertising commercial business or goods are allowed on the interior surface of fences of private, public or semi-public ballfields.
c. Schedule and sponsor .
(1) A schedule and sponsor
may be erected on school property at a school ballfield provided no adverse impact on traffic safety or neighborhood character, as determined by the permit-issuing authority, will result. The
may be erected according to the following:
(a) Zero--50 feet from
right-of-way, unlighted, maximum 50 square feet of face area;
(b) Fifty-one--150 feet from
right-of-way, unlighted, maximum of 150 square feet of face area; or
(c) Greater than 150 feet from right-of-way, 300 square feet maximum face area.
(2) The
may list a schedule of dates and locations of play, and may list sponsors, by name only. Advertisements beyond the name of the sponsor(s) is not permitted. No part of this
shall be higher than 25 feet above grade.
d. Bulletin boards. Bulletin boards not over 12 square feet in area for public, charitable or religious institutions and located on the same premises as the institution being served is permitted.
e. Time and/or temperature in OI, CR, SB districts. One freestanding or wall time and/or temperature not exceeding 18 square feet in aggregate surface area is permitted on any in an OI, CR or SB district. Such may be illuminated and animated to the extent necessary to display time or temperature or both, but shall not otherwise flash, blink or rotate.
f. Farm product . advertising the sale of farm products on-site, limited to a maximum of 24 square feet per face, are permitted. Not more than one such may be erected per site.
g. Community service . A welcome , or a incorporating the insignias of more than one civic, governmental and/or non-profit organizations may be permitted. Any such shall not exceed 100 square feet, nor exceed 12 feet in height. Location within a right-of- way may be permitted with state and Town approval, as applicable. Such may be either on-premise or off-premise.
h. Electronic message .
(1)
that have an electronic changeable copy message are allowed as part of a permanent freestanding monument
. Such
shall not be permitted to be on a wall
. All electronic message
must meet the following criteria:
(a) The square footage of the electronic message area and the primary
area together shall not exceed the total allowable
area for that
or zoning district;
(b) The electronic message
area cannot exceed 40 percent of the total
area;
(c) The electronic message
must be physically attached to the primary
;
(d) The electronic message
area may contain up to three horizontal rows of information;
(e) The total electronic
message, defined as both sides of the
, or any portion thereof may change only one timer per hour over a 24-hour period of time. Each row of information may not change more than one time per day (24-hour period). This restriction does not apply to
displaying emergency information during publicly declared local, state, or national emergencies or disasters; and
(f) Gas sales or convenience stores with gas sales displaying digital gas prices must comply with the requirements of this section and all other applicable
requirements, except gas price changes are not restricted to one time per day. In cases where a freestanding
does not exist for the business, digital gas price wall
may be allowed to locate on a canopy or its support columns subject to all applicable
ordinance requirements.
(2) Electronic message
are not permitted to have scrolling, moving, rotating, fluttering, blinking, or flashing elements. In addition, such
are not permitted to have any animation, video or audio elements.
(3) The color of any digital message text or display shall be red. No background colors are allowed.
(4) Electronic message
are prohibited on off-premises advertising
.
(5) Illumination of electronic
shall be in accordance with the requirements of Subsection G.4.
(6) Electronic message
that are part of multitenant
including, but not limited to,
identification
or multiple business
shall comply with the requirements of this section.
(7) Violation of the electronic
ordinance shall be punishable as follows:
(a) A civil penalty of $100.00 for each day of the first violation and $500.00 each day for subsequent violations;
(b) Injunctive relief;
(c) Upon issuance of a violation notice, the electronic
must be turned off and remain turned off until the civil penalty has been paid;
(d) Upon issuance of a second or subsequent violation, citation or notice, the
shall be automatically terminated;
(e) Any illumination of the
following permit termination shall be punishable by a fine of $1,000.00 per day;
(f) The
may not lawfully be illuminated following such termination except upon reapplication and issuance of a subsequent
, and payment of all fees and fines; and
(g) Issuance of a subsequent
following such termination and reapplication shall be consummated only after the applicant has posted a cash bond in the amount of $2,500.00, to be available for possible future fines.
J. Timber Drive Overlay District regulations.
1. Signage for individual . on an individual shall meet the standards in the following table.
Type | Maximum
Area Per | Maximum Number | Maximum Height
|
Freestanding: (monument only) | 48 square feet | 1 per
frontage, 2 maximum | 5 feet, monument
only |
Wall: | Lesser of 60 square feet or 10% of
wall area | 1 per
and 1 per
frontage, 3 maximum | No
above roofline |
Combined: | 125 square feet |
Note: Freestanding signage for all
with build-to option shall be limited to 36 square feet in
area, one freestanding
per
not to exceed a height of four feet measured at grade.
2. Multi-tenant . All multi-tenant , including but not limited to identification , multiple business , directory and all wall , shall meet the standards in the following table.
Type | Maximum
Area | Maximum Number | Maximum Height
|
Freestanding
or freestanding multi-business | 48 square feet | 1 per
frontage, 2 maximum | 5 feet, monument
only |
On-premise freestanding directory | 20 square feet | internal location only, 2 maximum | 5 feet, monument
only |
Freestanding | 40 square feet | 1 per | 5 feet, monument
only |
Wall (includes canopy face) | Lesser of 72 square feet or 10% of
wall area | 1 per
and 1 per public
, 3 maximum | No
above roofline |
Wall for 100,000 square foot
,
or major tenant in a | Greater of 60 square feet or 7% of
wall | 4 | No
above roofline |
Canopy Underhang | 4 square feet | 1 per business | Bottom of
maximum 18 inches below bottom of canopy face |
3. Nonresidential . Nonresidential shall meet the standards in the following table:
Type | Maximum
Area | Maximum Number | Maximum Height
|
Directional
:
up to 300,000 square feet | 20 square feet | 1 per entrance or internal intersection, 2 maximum | 5 feet |
over 300,000 square feet | 20 square feet | 1 per entrance or internal intersection, 4 maximum | 5 feet, monument only |
Freestanding
identification
or freestanding multi-business
(monument
preferred) | 48 square feet | 1 per exterior
frontage, 2 maximum | 5 feet, monument
only |
Freestanding
for individual parcels & lease | 48 square feet | 1 per parcel or lease | 5 feet, monument
only |
Wall (including canopy face) | Lesser of 72 square feet or 15% of
wall area | 1 per
and 1 per public
, 3 maximum | No
above roofline |
Canopy | 4 square feet | 1 per business | Bottom of
maximum 18 inches below bottom of canopy face |
K. U.S. 70/401 Thoroughfare Overlay District signage requirements. , , and shall meet the requirements in the following table (for greater than 300,000 square feet, see paragraph H of this Section).
Type | Maximum
Area | Maximum Number | Maximum Height
|
Type | Maximum
Area | Maximum Number | Maximum Height
|
Directory:
up to 300,000 square feet | 20 square feet | 1 per entrance or internal intersection, 2 maximum | 5 feet monument only |
Freestanding
or freestanding multi-business | 100 square feet | 1 per
frontage, 2 maximum | 12 feet, monument
only |
OR When a development has a minimum of 100 feet of frontage along 2 major thoroughfares the following applies: 2
@ 100 square feet in area 12 feet tall (1
per
frontage) 1
@ 100 square feet in area 6 feet tall (100 foot separation from other
) | 100 square feet (all
) | Two 12’ (1 per ) One 6’tall
(100’ separation from other
) 3 maximum | 2 @ 12 feet, monument only 1 @ 6 feet, monument only |
Freestanding shopping
or freestanding multi-business
for
that has a minimum 100,000 square feet of GLA and a minimum property frontage of 100 feet along each public
. | 100 square feet | 1 per
frontage, 3 maximum | 12 feet, monument
only |
On-premise freestanding directory | 20 square feet | Internal location only, 2 maximum | 5 feet, monument
only |
Freestanding | 32 square feet | 1 per | 4 feet, monument
only |
Wall (includes canopy face) | Lesser of 72 square feet or 10% of
wall area | 1 per
and 1 per public
, 3 maximum | |
Wall for 100,000 square foot
,
or major tenant in a | Greater of 60 square feet or 7% of
wall | 4 | |
Canopy underhang | 4 square feet | 1 per business | Bottom of
maximum 18 inches below bottom of canopy face |
L. Removal or repair of .
1. Whenever
of a
or premises by a specific business or activity is discontinued for that business or activity for a period of 60 days,
pertaining to that business or activity shall be immediately removed by the owner. Failure to do so shall constitute abandonment of the
and is sufficient grounds to order the sign's removal.
2. Every
and
shall be maintained in good condition at all times. The
shall have the authority to order painting, repair, alteration or removal of any
or
which constitutes, by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, a public nuisance or hazard to safety, health, or public welfare. Permits for any such
may be revoked in accordance with Article 10, Enforcement.
3. Procedures for handling violations are contained in Article 10, Enforcement.
(Ord. No. 3376, § 17, 1-17-06; Ord. No. 3515, §§ 2, 3, 6-2-08; Ord. No. 3558, § 2, 7-7-09; Ord. No. 3576, § 1, 3-1-10; Ord. No. 3618, § 1, 5-2-11; Ord. No. 3675, § 1, 10-1-12; Ord. No. 3714, § 1, 10-22-13; Ord. No. 38-01, § 5, 12-7-15; Ord., 3-16-21)
A. Applicability. The standards of this section shall not apply to:
1. Individual residential lighting that is not part of a site plan or
plan.
2. Lighting associated with temporary
that have been permitted.
3. Seasonal lighting that is part of customary holiday decorations and annual civic events.
4. Lighting associated with
illumination as set forth in Article 8.
5. Municipal lighting installed for the benefit of public health, safety, and welfare.
B. Lighting plan. Any proposed requiring a site plan or plan shall include, as part of site plan or plan submission, a detailed exterior lighting plan. This plan shall include:
1. Specifications for the lighting fixtures such as: type of unit (cutoff, non-cutoff, glare shields, etc.), lamps (wattage, etc.), electrical load requirements, utility company involved, method of wiring, routing/location of lines, location of lights, and mounting heights.
2. An iso-footcandle plan that shows typical footcandle contours or a point photometric grid that indicates footcandle levels measured at grade across the site. Other information such as: maximum, average, and minimum site footcandles, uniformity ratio (average/minimum), and depreciation factors should also be included.
C. Final acceptance. Before certificates of occupancy are released, the owner/builder must supply the Town with a final letter of certification from the lighting engineer, lighting manufacturer, or authorized lighting contractor verifying that all site lighting is installed according to Town standards, the approved plans, and any applicable conditions.
D. lighting.
1. lighting required. All and sidewalks shall be sufficiently illuminated to ensure the security of the right-of-way and safety of using such areas. To comply with this provision, the applicant shall coordinate with the utility company and the Town to see that all necessary facilities for the eventual installation of lights are put in place.
2. Town responsibility. The Town shall be responsible for requesting the utility company to install lights. Such lights shall be consistent with the Town's standard light package with regard to fixture type, intensity, pole type, length, and spacing.
3. responsibility. The shall be responsible for the placement and operation of necessary lighting in common areas not dedicated to public . The shall also be responsible for the placement and operation of any lights placed in the public right-of-way that are not consistent with the Town's standard lighting package. Such lights shall be approved by the Town Engineer.
E. Site lighting design requirements. All lighting fixtures designed or placed so as to illuminate any portion of a site shall meet the following requirements:
1. Fixture (luminaire). The light source shall be completely concealed within an opaque housing and shall not be visible from any right-of-way. Floodlights may be used in the rear of non-residential that are not adjacent to residential or residentially zoned properties and are not visible from public or private roadways if there are not measurable impacts to neighboring properties. If floodlights are permitted, in addition to meeting the locational restrictions noted above, they shall be installed such that the fixture shall be aimed down at least 45 degrees from vertical. Flood lights and display lights shall be positioned such that any such fixture with a side-to-side horizontal aiming tolerance not to exceed 15 degrees from perpendicular to the right-of-way. Glare shields must be added to reduce glare.
2. Light source (lamp). Only incandescent, LED, fluorescent, metal halide, or induction lighting may be used. High pressure sodium lighting may be used if approved by the permit issuing authority. The same type must be used for the same or similar types of lighting on any one site throughout any master-Planned .
3. Mounting. Fixtures shall be mounted in such a manner that the cone of light directly under the fixture does not cross any property line of the site.
a. All outdoor lighting fixtures shall be located a minimum of ten feet from a property or right-of-way line, and should be kept out of and at least two feet away from any required perimeter or streetscape
, and tree save area. If forward throw fixtures are used the minimum setback distance may be reduced to a minimum of five feet from a property or right-of-way line.
b. Lighting for outdoor display areas, such as auto dealerships, must be located inside the illuminated area or no more than ten feet away from the outside edge of the illuminated area so that the amount of direct glare and the visual field of view does not present a safety hazard to the passing motorist.
4. Mounting heights. Outdoor lighting fixtures shall be designed, located and mounted at heights no greater than:
a. Thirty feet above grade for non-cutoff lights; and
b. Thirty-seven feet above grade for cutoff lights.
c. Mounting height is measured from the finished grade or surface and includes the total height of the fixture, pole, and any base or other supporting
required to mount the lights.
d. All wall packs must be full cut-off.
5. Architectural/site compatibility. Lighting fixtures shall be of a design and size compatible with the of a and adjacent areas, and shall be designed to be an integral part of the entire site.
6. Illumination levels. All site lighting shall be designed so that the level of illumination as measured in footcandles (fc) at any one point meets the standards in the table below. The minimum light level for all illuminated areas shall be no less than 0.2 footcandles maintained. Average level is a not to exceed value calculated using only the area of the site intended to receive illumination. It is recognized that the site lighting of some land may need to be evaluated on a case by case basis, therefore the BOA, via may allow deviations from these standards if it concludes that the objectives underlying these standards can be met without strict adherence to them, provided there are no excessive measurable impacts to adjoining properties that result and it finds that such deviations are more likely to satisfy the standards listed below.
Level of Activity | Horizontal Illumination (maintained f.c.)
| ||
Maximum | Average
|
Uniformity Ratio (average/ minimum) | |
Level of Activity | Horizontal Illumination (maintained f.c.)
| ||
Maximum | Average
|
Uniformity Ratio (average/ minimum) | |
HIGH | 9.0 | 3 to 5 | 4 to 1 |
Major athletic, cultural and civic facilities | |||
Regional retail | |||
Retail with drive-thru | |||
MEDIUM | 6.0 | 2 to 4 | 4 to 1 |
Cultural, civic and recreational facilities | |||
Residential complex | |||
Commercial, general | |||
LOW | 5.0 | 1.5 to 3 | 4 to 1 |
Neighborhood retail | |||
Industrial facilities | |||
Educational facilities | |||
Churches | |||
Location | Horizontal Illumination (average) | Uniformity Ratio (initial footcandles)
|
Location | Horizontal Illumination (average) | Uniformity Ratio (initial footcandles)
|
Active entrances and vital locations (security) | 5.0 | 4 to 1 |
Inactive entrances | 1.0 | 4 to 1 |
Private sidewalks (residential) | 0.3 | 4 to 1 |
Private sidewalks (nonresidential) | 0.8 | 6 to 1 |
Vehicular
area (service areas, approach ways, private access roads, etc.) | 1.0 | 4 to 1 |
Storage yards (active) | 5.0 | 6 to 1 |
Storage yards (inactive) | 1.0 | 6 to 1 |
Loading docks and platforms | 15.0 | 2 to 1 |
Vehicle sales and display | 20.0 | 2 to 1 |
Recreational areas (fields, playgrounds, courts) | 20.0 | 4 to 1 |
F. Lighting required for specific .
1. Roads,
, sidewalks and parking
. All roads,
, sidewalks and parking
shall be sufficiently illuminated to ensure the security of property and safety of
using such areas and facilities. Where such roads,
, sidewalks or parking
fall on private property, the responsibility for lighting such areas shall fall upon the
.
2. Entrances and exits in nonresidential and multifamily
. All entrances and exits in
used for nonresidential purposes and open to the general public, along with all entrances and exits in multifamily residential
containing more than four units, shall be adequately lighted to ensure the safety of
and the security of the
.
3. Canopy area lighting. All
that incorporates a canopy area over fuel sales, automated bank machines, or similar installations shall use a recessed lens cover that is flush with the bottom surface of the canopy that provides a cutoff or shielded light distribution. Areas under a vehicular canopy shall have an average of 12 footcandles as measured at ground level at the inside of the outside edge of the canopy.
G. Roof lighting.
Commentary: Many businesses use tasteful roof lighting not only to increase the visibility of their establishments, but to add visual
to the nighttime sky of the Town. This section is intended to prevent gaudy, harsh, glaring, loudly contrasting and otherwise distasteful roof lighting within the Garner
.
1. Application.
a. An application for a permit authorizing a
including the
of roof lighting shall include a roof lighting plan containing sufficient information to determine whether the roof lighting, if installed as proposed, will meet the standards and intent of this section.
b. Whenever a roof lighting plan is submitted pursuant to this section, it may be referred to the Planning Commission to obtain the Commission's recommendation on the compliance of the plan with this section.
2. Roof lighting standards.
a. All bulbs or tubing shall be encased so that the bulb is not naked and that direct glare is prevented.
b. Complete outlining of the roof is not permitted.
c. Lights shall not run along the highest peak of a roof line, except that perimeter lighting around the top of a flat roof is allowed.
d. Roof lighting that qualifies as a
under this UDO is prohibited.
H. Excessive illumination.
1. Lighting within any
that unnecessarily illuminates and substantially interferes with the
or enjoyment of any other
is prohibited. Lighting unnecessarily illuminates another
if it clearly exceeds the requirements of this section, or if the standard could reasonably be achieved in a manner that would not substantially interfere with the
or enjoyment of neighboring properties.
2. Lighting shall not be oriented so as to direct glare or excessive illumination onto
in a manner that may distract or interfere with the vision of drivers on such
.
3. Illumination using bare illuminated tubing or strings of lights that completely outline or define property lines, sales areas, roofs, doors, windows or similar areas in a manner that is not primarily for safety purposes is prohibited.
I. Special requirements in the Timber Drive Overlay District.
1. A site lighting plan must be provided as part of any
plan submittal for property within the overlay district and shall contain the following information:
a. Lighting plan shall be superimposed on the site plan with the location of all poles and fixtures and reference for the height of each fixture, including a specification detail; and
b. The distribution and intensity levels of illumination for each fixture producing a contour diagram of the light intensity delineated in footcandle measurements must be indicated.
2. The following are lighting standards for new
within the Timber Drive Overlay District.
Standard
| |
Type of fixture | High Pressure Sodium, LED, or alternative authorized by the permit-issuing authority with cut-off (no glare on
or outside boundaries of the
is permissible) |
Height | Maximum of 37 feet |
Footcandle | Not to exceed 250 watts
(incandescent light equivalent)
at perimeter of
; average footcandle on interior
not to exceed an average of three footcandles |
3. The
BOA, via ,
may approve deviations from these presumptive standards if it concludes that objectives underlying these standards can be met without strict adherence to them, provided there are no excessive measurable impacts to adjoining properties and it finds that such deviations are more likely to satisfy the above noted standards.
J. Special requirements in the U.S. 70/401 Thoroughfare Overlay.
1. A site lighting plan must be provided as part of any
plan submittal for property within the overlay district. Such plan and shall meet the following information.
a. A lighting plan shall be superimposed on the site plan with the location of all poles and fixtures and reference for the height of each fixture, including a specification detail.
b. The distribution and intensity levels of illumination for each fixture producing a point-by-point footcandle plan at intervals no greater than 20 feet.
c. The plan should include average footcandles maintained and the average to minimum ratio.
2. The following lighting standards for new
shall apply within the U.S. 70/401 Thoroughfare Overlay District.
Standard
| |
Type of fixture | Cut-off Control Fixtures Recommended; Semi-cutoff Fixtures may be considered if appropriate |
Height | Maximum of 37 feet |
Footcandle | Average maintained footcandle not to exceed an average of 5 footcandles; average to minimum ratio 4:1 to maintain uniformity; spill over adjacent property not to exceed .2 footcandles |
3. The permitting authority may approve deviations from these presumptive standards if it concludes that the objectives underlying these standards can be met without strict adherence to them, and that there are no excessive measurable impacts to adjoining properties, and it finds that such deviations are more likely to satisfy the above noted standards.
(Ord. No. 3396, § 14, 4-3-06
; Ord., 3-16-21
)
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