No sign may be located in, or overhang into, any public right-of-way except as permitted and erected by NCDOT. Signs shall be set back at least ten feet from any public right(s)-of-way line or property line. In cases where signs are placed at intersections, the minimum setback shall be 20 feet as measured from each right-of-way line or property line in both directions, except those erected for orderly traffic control and other municipal and governmental purposes.
(A) Sign measurement standards.
(1) Dimensions. For the purpose of this chapter, the square feet area of the sign shall be measured to include the entire sign, including lattice work, fencing, or wall work incidental to its decoration. When a sign consists of letters placed directly on a wall, building surface, awning or marquee, or against open air (as when raised above a marquee), there being no background to the letters save the wall or surface itself, the area of the sign shall be that of the smallest parallelogram within which all the lettering can be included.
(2) Height. The height of a sign shall be measured from the highest point of a sign to the point of ground surface beneath it. Ornamentation such as columns, caps, spires, and finials shall not extend more than two feet from the top of the sign. The use of berms or raised landscape areas is only permitted to raise the base of the sign to the mean elevation of the fronting street and shall not be used as a means to avoid compliance with regulations.
(B) General setback requirements.
(1) General sign setbacks. No sign may be located in, or overhang into, any public right-of-way except as permitted and erected by NCDOT. Signs that are located within public right(s)-of-way shall be constructed to meet NCDOT standards. Signs shall be set back at least ten feet from any public right(s)-of-way line or property line. In cases where signs are placed at intersections, the minimum setback shall be 20 feet as measured from each right-of-way line or property line in both directions, except those erected for orderly traffic control and other municipal and governmental purposes.
(2) Off-site directional sign setbacks. Directional signs of less than six square feet and referring only to religious facilities shall be located at least ten feet from any public right(s)-of-way.
(3) Directory sign setbacks. Directory signs shall be located at least ten feet from any public right(s)-of-way or shall be constructed to meet NCDOT standards for signs within public right(s)-of-way if located within the right-of-way.
(C) Maintenance of conforming signs. Whenever a sign becomes structurally unsafe or endangers the safety of a building or the public, the Administrator shall order that such a sign be made safe or removed. A period of ten days following receipt of the order by the person, firm, or corporation owning or using the sign shall be allowed for compliance.
(1) A conforming business or outdoor advertising sign that has been destroyed or significantly damaged may be reconstructed within the limits of the rules and filling procedures set forth in this chapter.
(2) As per G.S. § 136-133.2, conforming outdoor advertising signs shall be allowed to be repaired or reconstructed so long as the square footage of its advertising surface area is not increased. This also includes the changing of an existing multipole outdoor advertising structure to a new monopole structure.
(3) Conforming sign structures may be reconstructed so long as the reconstruction does not conflict with any applicable local, state, or federal rules, regulations, or ordinances.
(4) Developments with existing conforming sign shall be allowed to make repairs without receiving permits, unless other local, state, or federal rules apply.
(5) Conforming signs shall be allowed to perform reasonable repair and maintenance. The following activities are considered to be reasonable repair and maintenance (no building permit shall be needed to make the following repairs with exception of divisions (C)(5)(c) and (C)(5)(e) below:
(a) Change of advertising message or copy on the sign face;
(b) Replacement of border and trim, stringer, or panel, with like material;
(c) Repair and replacement of a pole(s), with like material or materials allowed by these regulations;
(d) Alterations of the dimensions of painted bulletins incidental to copy change; and/or
(e) Any net decrease in the outside dimensions of the advertising copy portion of the sign; but if the sign face or faces are reduced they may not thereafter be increased beyond the size of the sign on the date it became nonconforming.
(6) No sign shall be allowed to remain after the activity, business, or use to which it was related has been discontinued.
(7) If at any time an outdoor advertising sign falls into a state of dilapidation, disrepair, or becomes abandoned or discontinued, as defined by this chapter, the permits for this sign shall be revoked.
(D) Lighting and illumination. 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) Display lighting of signs shall be shielded so as to prevent the direction of such light into any area or structure used primarily for residential purposes, residential zoning district, and/or vehicles approaching on a public right-of-way from any direction. No intermittent lighting effects shall be permitted on signs.
(3) Signs which contain, include, or are lighted by any flashing, intermittent, or moving lights are prohibited, except as follows.
(a) Illuminated signs shall be permitted to provide information such as time, temperature, date, and public announcements related to the business on-site only.
(b) Such signs shall be permitted only as part of an otherwise permitted sign or in conjunction with a permitted replacement of an existing sign, provided that the illuminated portion shall be at least 15% of the total square footage area of the sign and shall not exceed 35% of the total square footage area of the sign.
(c) Messages on such signs shall not change more than seven times per minute. In no case shall an animated presentation or animated change of frame be allowed.
(d) Illuminated signs, as an addition to an existing sign, shall be comparable in composition, durability, and workmanship to the existing sign.
(4) Illuminated signs shall be limited to those lighted internally with glass or plastic faces bearing the advertisement; provided however, that exposed neon tubing and exposed incandescent or other bulbs not exceeding 15 watts each shall be permitted.
(5) The following materials shall be prohibited:
(a) Flame (even as a source of light); and
(b) Exposed neon lighting.
(E) Sign materials.
(1) General. All signs shall be constructed of weather-resistant material designed expressly for signs.
(2) Pole style ground signs. All pole style ground signs with support(s), upright(s), bracing(s), or framework(s) that include a pole encasement shall meet the following requirements with the exception of pole style ground signs for street signs, manufactured home park signs, interstate signs, and historical identification signs which shall be exempt from the requirements of this section.
(a) The support(s), upright(s), bracing(s), or framework(s) shall be encased in an ornamental shell of stone, brick, ornamental metal, or similar materials, and shall be a minimum width of one-fourth of the width of the sign face.
(b) The sign shall be constructed of an external support structure including stone, brick, ornamental metal, or similar materials, provided that the maximum number of supports, uprights, bracings, or frameworks extending between grade and the base of the sign face shall not exceed two.
(F) Prohibited signs.
(1) Any sign that obscures a sign displayed by public authority for the purposes of giving traffic instruction or direction or other public information;
(2) Any sign that uses the word “stop” or “danger” or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger, or which is a copy or imitation of, or which for any reason is likely to be confused with, any sign displayed by a public authority;
(3) Any sign that obstructs any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building, as required by law;
(4) Any portable sign, including any sign displayed on a vehicle when used primarily for the purpose of such display; except, that this division (F)(4) shall not apply to temporary political signs;
(5) Any sign that violates any provision of any law of the state relative to outdoor advertising;
(6) If a sign advertises a business, service, commodity, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, then that sign and sign structure shall be considered discontinued regardless of reason or intent and shall, within 30 days after such discontinuation, be removed by the owner of the property where the sign is located. A blank sign face shall be provided to prevent any exposed sign light bulbs and other internal sign components. Signs shall be completely removed from the premise once a period of one year has passed from the date of vacancy; and
(7) Off-site advertising shall be prohibited, except in accordance with the provisions of this section for the uses listed below. A sign easement shall be provided, on a survey map and recorded with the county’s Register of Deeds, prior to issuance of permits for any off-site signs. Additionally, for the uses listed below, up to one off-site advertising signs per use, which shall not exceed 16 square feet in size and six feet in height, with written consent of the property owner(s) on which the sign is located, only in cases where no sign exists on-site.
(a) Religious facilities may have off-site advertising signs, for directional purposes only. A sign easement shall be provided, on a survey map and recorded with the county’s Register of Deeds, prior to issuance of any permits for such signs.
(b) Active residential subdivisions off-site advertising signs shall be removed once the subdivision reaches 75% build-out.
(G) Signs that do not require a permit. The following signs shall be permitted in all zoning districts. Such signs shall not require a sign permit as long as they conform to the requirements stated below.
(1) Identification signs. Not to exceed one square foot in display area bearing only addresses or names of occupants of the premises and located on privately owned property.
(2) Memorial plaques. Such as cornerstones, historical tablets, and similar devices not to exceed six square feet.
(3) Instructional signs. Erected on private property, not to exceed six square feet in display area, erected strictly for the direction, safety or convenience of the public, including signs which identify restrooms, parking area entrances or exits, freight entrances, and similar devices, warning, danger, and no trespassing signs.
(4) Flags, emblems, and banners. Flags, emblems, or banners that are decorative, seasonal, political, civic, philanthropic, educational, or religious in nature, or that are displayed in connection with the observance of holidays, not to exceed three per lot. Flags, emblems, or banners advertising for-profit organizations are not covered by this section and shall meet the requirements of this chapter for signs.
(5) “For Sale” or “For Rent” signs. Signs pertaining to realty on the premises offered for sale or rent, not exceeding four square feet in area and not illuminated. Such a sign may be placed not closer to a front property line than ten feet. There shall be a limit of one such sign per street frontage.
(6) Signs advertising agricultural products produced on the premises. Not to exceed 16 square feet in area. There shall be a limit of one such sign per street frontage.
(7) Signs advertising only the name, time, and place of any temporary event. When conducted by a public agency or for the benefit of any civic, fraternal, religious, or charitable cause; provided, that no such sign shall be displayed in any residential district, except on the immediate site of the event to which it pertains; and provided further, that all such signs shall be removed within ten days after the last day of the event to which they pertain for such events including, but not limited to, bona fide fairs, carnivals, festivals, bazaars, or horse shows.
(8) Athletic field signs. Signs located as part of athletic fields, including scoreboards and sponsorship signs, are not required to get a permit, unless they are visible from the public right(s)-of-way.
(9) Portable A-frame and sandwich board signs. A-frame and sandwich board signs may be used to announce sales or special features during hours of operation only. Such signs shall be professionally made of materials intended for sign manufacturing and shall not impede pedestrian or vehicular traffic, safety, or access. The signs shall not exceed three feet in height and maximum size of six square feet.
(10) Window signs. Signs displayed in windows of store fronts shall not cover greater than 25% of the total area of the windows of such store fronts, and shall not count toward the total area permitted for wall signs.
(11) Temporary signs. Those giving information pertaining to construction taking place on the lot upon which the sign is located. Such signs will be removed prior to issuance of a certificate of occupancy. Temporary signs may be allowed provided the signs are not erected more than 21 calendar days per year and not larger than 16 square feet. Temporary signs shall not be illuminated. The signs shall not be closer to each other on the same property than 400 feet.
(12) Off-site directional sign setbacks for religious facilities. Directional signs of less than six square feet and referring only to religious facilities shall be located at least ten feet from any public right(s)-of-way.
(H) Signs that require a permit. Signs shall be permitted on the premises of the business, institution, or subdivision in districts in which the principal use is permitted and in districts in which the principal use is conditional. All business signs shall be subject to the following limitations.
(1) Business signs shall not project more than one foot from any building wall or canopy.
(2) If suspended from a canopy, the sign shall be at least eight feet above the sidewalk, pavement, or ground level.
(3) Maximum display area, number, and height requirements for ground and wall signs are as follows:
Max. # of Walls with Signs | Max. Signs per | Max. Sign Area | Max. Height | Max. Distance Between Sign Type on Same Property | Notes
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Street Frontage | Project | Project One Acre | Project > One Acre
|
Max. # of Walls with Signs | Max. Signs per | Max. Sign Area | Max. Height | Max. Distance Between Sign Type on Same Property | Notes
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Street Frontage | Project | Project One Acre | Project > One Acre
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Business signs | Interstate highways | 1 | 500 sq. ft. total | 500 sq. ft. total | 125 ft. | Shall be governed by remaining sections of the chapter | |||
College and university locations | Ground (campus directory signs) | 6 | 300 sq. ft. / side | 300 sq. ft. / side | 300 ft. | ||||
Ground (per facility) | 2 | 75 sq. ft. / side | 75 sq. ft. / side | 12 ft. | Portion may be used for changeable copy | ||||
Sporting facility signs* | Follow above “Wall” sign req. | 1 | 650 sq. ft. / side | 650 sq. ft. / side | 25 ft. | ||||
Temporary (events or construction) | 2 per event/ 1 per const. | 100 sq. ft. / side | 100 sq. ft. / side | 12 ft. | 300 ft. | Shall be removed at completion or end | |||
Wall | 3 | sq. ft. = total linear ft. of mounting wall | sq. ft. = total linear ft. of mounting wall | Applies to each facility | |||||
Customary home occupations | Ground | 1 | 1 | 6 sq. ft. / side | 6 sq. ft. / side | 4 ft. | |||
Directional signs | Ground | 1 | 1 | 2 sq. ft. / side | 2 sq. ft. / side | 3 ft. | Only one directional sign shall be located per intersection and/or driveway. | ||
Institutional locations | Ground (directory) | 1 | 2 | 75 sq. ft. / side | 75 sq. ft. / side | 12 ft. | 300 ft. | Portion may be used for changeable copy | |
Wall | 3 | sq. ft. = total linear ft. of mounting wall | sq. ft. = total linear ft. of mounting wall | ||||||
Manufactured home park | Ground | 1 | 32 sq. ft. /side min. area: 16 sq. ft. | 32 sq. ft. /side min. area: 16 sq. ft. | 12 ft. | Name of MHP and owner/operator phone num. shall be included. | |||
Multi-tenant and shopping complex | Directory | 1 | 20 sq. ft. / side | 20 sq. ft. / side | 5 ft. | 50 ft. | Located at interior intersections only | ||
Ground | 1 | 2 | 150 sq. ft. / side or sq. ft. = total linear ft. of mounting wall | 200 sq. ft. / side or sq. ft. = total linear ft. of mounting wall | 15 ft. | 300 ft. | |||
Wall | 2*# | sq. ft. = total linear ft. of mounting wall | sq. ft. = total linear ft. of mounting wall | Applies to each tenant of complex * All side wall signs shall be no larger than 50% of allowable maximum sign area. # One sign per wall, maximum of 2 wall signs, including a front, rear, or side if applicable. | |||||
Non-res. subdivision | Directory | 1 | 4 ft. | 50 ft. | Located at interior intersections only | ||||
Ground (parcels) | 1 | 75 sq. ft. / side | 75 sq. ft. / side | 12 ft. | |||||
Ground (subdivision) | 1 | 2 | 150 sq. ft. / side | 200 sq. ft. / side | 15 ft. | ||||
Wall | 3 | sq. ft. = total linear ft. of mounting wall | sq. ft. = total linear ft. of mounting wall | ||||||
Office buildings | Ground | 1 | 2 | 100 sq. ft. / side | 150 sq. ft. / side | 15 ft. | 300 ft. | ||
Wall | 3 | sq. ft. = total linear ft. of mounting wall | sq. ft. = total linear ft. of mounting wall | ||||||
Official government signs | Ground (multi-tenant or directory) | 1 | 2 | 75 sq. ft. / side | 75 sq. ft. / side | 12 ft. | 300 ft. | ||
Wall | 3 | sq. ft. = total linear ft. of mounting wall | sq. ft. = total linear ft of mounting wall | ||||||
Residential subdivision | Ground (subdivision) | 50 sq. ft. / side | 50 sq. ft. / side | 6 ft. | 1 double-faced or 2 single-faced signs per entrance | ||||
Single tenant | Ground | 1 | 2 | 100 sq. ft. / side | 150 sq. ft. / side | 15 ft* | 300 ft. | * Required monument signs shall have a max. height of 12 ft. | |
Wall | 3 | sq. ft. = total linear ft. of mounting wall | sq. ft. = total linear ft. of mounting wall | ||||||
(I) Outdoor advertising signs. Outdoor advertising signs shall be permitted in the Commercial/Business District; except in Commercial/Business Districts located within a designated Highway Corridor Overlay District. All outdoor advertising signs shall be subject to the following regulations:
(1) Maximum display area. The maximum size of the display area of outdoor advertising signs along interstate highways shall be 500 square feet. The maximum size of the display area of outdoor advertising signs for all other sections of the county shall be 300 square feet. Double faced signs shall be permitted provided that each individual sign shall meet the display area requirements for that area of the county.
(2) Height regulations.
(a) No outdoor advertising sign shall exceed a height of 35 feet at street grade not to exceed 45 feet measured from the ground level to the highest part of the sign structure.
(b) The minimum height of the lowest portion of display surface of the outdoor advertising sign shall be elevated to a height of eight feet from the ground level.
(c) The Planning Department shall be supplied with drawings certifying that this height requirement has been met once the sign has been constructed.
(3) Setback requirements. Outdoor advertising signs shall be setback a minimum of 50 feet from any public or private right-of-way or easement. No portion of the sign shall be located within the required minimum setback.
(4) Lighting. Display lighting of signs shall be shielded so as to prevent the direction of such light into any structure used primarily for residential purposes and into vehicles traveling on nearby roadways. No rotating, revolving, flashing, or intermittent lighting devices shall be attached to or made a part of any outdoor advertising sign.
(5) Spacing.
(a) All outdoor advertising signs shall be spaced a minimum of 1,500 feet apart.
(b) The minimum distance between signs 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 to sign structures located on both sides of the highway.
(c) Such signs shall be no closer than 500 feet from any residential structure. However, a sign may be allowed to locate within 250 feet from any residential structure if the applicant can secure a waiver from all adjacent property owners within 500 feet of the proposed sign. This waiver shall state that the property owner is aware of the proposed sign and agrees that the sign can locate within the distance; this waiver shall be signed and notarized by all applicable owners of the adjacent properties.
(d) All outdoor advertising signs shall be located at least 500 feet from any intersection. This measurement shall be taken along the edge of the pavement to the center of the intersecting street.
(e) All outdoor advertising signs shall be located at least 500 feet from any controlled access point. This spacing measurement shall be taken in accordance with the regulations given in the latest edition of Regulations for the Control of Outdoor Advertising in North Carolina by NCDOT. See also, 19A NCAC 02E .0203 Outdoor Advertising on Controlled Routes.
(f) No outdoor advertising signs shall be located within any of the designated airport zones mentioned in §§ 153.190 through 153.193.
(6) Department of transportation compliance. All outdoor advertising signs that are required to be permitted from NCDOT shall maintain compliance with all required regulations.
(7) Movable message and electronic display.
(a) Electronic display techniques include any portion of a billboard that contains alphanumeric characters, graphics, or symbols defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs, or other illumination device within the display area, including computer programmable, microprocessor controlled electronic displays, and projected images or messages with these characteristics onto the sign face.
(b) Any billboard utilizing electronic display techniques in whole or in part must meet the following operational standards.
1. Duration. The full billboard image, or any portion thereof, must have a minimum duration of 20 minutes and must be a static display. No portion of the image may flash, scroll, twirl, change color, in any manner imitate movement, or meet the characteristics of a flashing sign.
2. Transition. Where the full billboard image, or any portion thereof, changes, the change sequence must be accomplished by means of instantaneous re-pixelization.
3. Brightness. The sign must not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face at maximum brightness.
4. Dimmer control. Electronic graphic display signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half-hour before sunset and one half-hour after sunrise.
5. Audio or pyrotechnics. Audio speakers or any form of pyrotechnics shall be prohibited in association with a billboard.
6. Fluctuating or flashing illumination. No portion of any billboard shall fluctuate in light intensity or use intermittent, strobe, moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles, or in any manner creates the illusion of movement.
7. Video display. No portion of any billboard shall change its message or background in a manner or by a method of display characterized by motion or pictorial imagery, or depicts action or a special effect to imitate movement, or the presentation of pictorials or graphics displayed in a progression of frames that give the illusion of motion or the illusion of moving objects, moving patterns, or bands of light or expanding or contracting shapes.
(8) Transfer of permit. The transfer of ownership of a specific outdoor advertising sign for which a permit has been lawfully issued to the original owner shall not in any way affect the validity of the permit for that specific sign, provided that the Administrator and the appropriate Department of Transportation District Engineer is given written notice of the transfer of ownership within 60 days of the actual transfer. Once this period has expired and no notification has been made then the applicant shall be required to obtain a new land use and zoning permit.
(9) Dilapidated and abandoned signs. If at any time an outdoor advertising sign falls into a state of dilapidation, disrepair, or becomes abandoned or discontinued, as defined by the latest edition of Regulations for the Control of Outdoor Advertising in North Carolina by NCDOT, and thus not a NCDOT permitted sign, the permits for such sign shall be revoked.
(10) Structural support. Where the structural support is visible from any street, the display shall be constructed on a steel single pole or I-Beam type structure.
(11) Revocation of permit. Any valid permit issued for a lawful outdoor advertising structure may be revoked by the Administrator for any one or more of the following reasons:
(a) Mistake of material facts by the issuing authority for which had the correct facts been made known, the outdoor advertising permit in question would not have been issued;
(b) Issuance of a permit based on an error in law;
(c) Misrepresentation of material facts by the outdoor advertiser on the application for a permit for outdoor advertising;
(d) Failure to pay all applicable fees;
(e) Any alteration of an outdoor advertising structure for which a permit has previously been issued which would cause that outdoor advertising structure to fail to comply with the provisions of the Outdoor Advertising Control Act and the rules and regulations promulgated by the North Carolina Department of Transportation pursuant thereto;
(f) Any violation of the standards for nonconforming signs;
(g) Any violation of the transfer of permit standards;
(h) Failure to reconstruct a non-conforming sign within 180 days as noted in the expiration of a sign permit section;
(i) Failure to locate sign in the approved location on the site plan;
(j) Any violation of state or federal regulations for outdoor advertising that results in revocation of permits; or
(k) Any violation of the standards for dilapidated or abandoned sign.
(Ord. passed 10-17-2011; Res. passed 6-18-2012; Res. passed 2-17-2014; Res. passed 1-17-2017)