(a) Where permitted. Outdoor advertising signs are permitted only along U.S. 70 (except the Clayton bypass section of U.S. 70 from the Wake County line to the U.S. 70/U.S. 70 business split at Cole Road) and Interstate 95 in the county's planning jurisdiction, provided that:
(1) The outdoor advertising sign shall be located in a general business, industrial-1 or industrial-2 zoning district. Note: this provision does not include special use districts or on property that is encumbered by a special use permit;
(2) No outdoor advertising sign shall be so located along, or visible from, Interstate 40 or the Clayton bypass section of U.S. 70 from the Wake County line to the U.S. 70/U.S. 70 business split at Cole Road; and
(3) The applicant for such signs obtains a permit from the state department of transportation district engineer for an outdoor advertising sign, in accordance with the provisions of the Outdoor Advertising Act of 1967.
(b) Standards. All outdoor advertising signs replaced or substantially replaced or repaired to more than 50 percent of the sign's current assessed value shall meet the following provisions:
(1) The maximum area for any one sign with a monopole type design and construction shall be 500 square feet of display area, or 300 square feet of display area if of a nonmonopole type design, with a maximum height of 20 feet and maximum length of 50 feet, inclusive of any border and trim but excluding the base or apron, supports and other structural members. If an advertising message appears on the base or apron, it will not be excluded from the maximum dimensions. Not more than one face or advertising message is allowed on each side of the display.
(2) The display area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire sign.
(3) The maximum size limitations shall apply to each side of a sign structure; signs may be placed back-to-back, side-by-side, or in V-type construction with not more than one display to each facing, and such sign structure shall be considered as one sign.
(4) V-type and back-to-back signs will not be considered as one sign if located more than 15 feet apart at their furthest points and connected and physically contiguous.
(5) Signs may not be located in such a manner as to obscure or physically interfere with the effectiveness of an official traffic sign, signal, or device, nor obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic.
(6) Outdoor advertising signs shall be so located that:
a. No two signs shall be spaced less than 2,000 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 within 800 feet of an existing valid and operating industrial or commercial business;
d. Such signs shall be no closer than 1,000 feet from any parcel of land containing a residential structure; and
e. Such signs shall be at least 50 feet off the public right-of-way and no more than 200 feet of the public right-of-way.
(7) The maximum height of an outdoor advertising sign shall not exceed 50 feet on locations adjoining U.S. 70 or I-95.
(8) Signs shall not be illuminated by any flashing, intermittent, or moving light or lights.
(9) Signs shall not contain any changing billboards, rotating slats or other means of creating a movable message display.
(10) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled ways of U.S. 70 or I-95 and which are of such intensity or brilliance as to cause glare and to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.
(11) No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal.
(12) All such lighting shall be subject to any other provisions relating to lighting or signs presently applicable to all highways under the jurisdiction of the state.
(13) Illumination shall not be added to nonconforming signs.
(c) Permit required. No outdoor advertising sign of any type replaced or substantially replaced or repaired to more than 50 percent of the sign's current assessed value shall be constructed, erected, placed, or replaced until a permit has been issued by the planning director. Such permit will not be issued until a sign plan has been submitted showing the location, size, height and style of each sign, and the planning director has determined that the sign will comply with the provisions of this chapter. After the planning director has issued a sign permit, the applicant will be referred to the state department of transportation district engineer to obtain the proper state permits and emblems for outdoor advertising signs if so required.
(d) 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 planning director and the appropriate state department of transportation district engineer is given notice of the transfer of ownership within 30 days of the actual transfer.
(e) Revocation of permit. Any valid permit issued for a lawful outdoor advertising structure may be revoked by the planning director for any one of the following reasons:
(1) 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.
(2) Issuance of a permit based on an error of law.
(3) Misrepresentation of material facts by the outdoor advertiser on the application for a permit for outdoor advertising.
(4) Failure to pay all applicable fees.
(5) Failure to construct an outdoor advertising structure and affix the permanent emblem within 180 days from the date of issuance of the outdoor advertising permit by the state department of transportation if so required.
(6) 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 state board of transportation pursuant thereto.
(7) Any alteration of a nonconforming sign shall be made in accordance with the provisions of section 14-504.
(8) Unlawful destruction of trees or shrubs or other growth located on the right-of-way in order to increase or enhance the visibility of an outdoor advertising structure.
(9) Unlawful violation of the control of access on interstate, freeway and other controlled-access facilities.
(10) Failure to maintain a sign such that it reaches a state of dilapidation, disrepair or disuse. Such determination shall be made by the county.
(11) Abandonment, discontinuance or destruction of a sign.
(12) Making repairs to a nonconforming sign that exceed 50 percent of the sign's current assessed value. Total repairs during any 12 consecutive months may not exceed 50 percent of the initial construction cost of the sign.
The planning director may consult with the appropriate state department of transportation district engineer concerning any of the reasons listed in this subsection for revocation of a permit.
(f) Repairs. The holder of the sign permit shall contact the state department of transportation district engineer prior to making any major repairs to discuss the scope of the proposed improvements. If the district engineer determines needed repairs to a nonconforming sign will exceed 50 percent of the sign's current assessed value, he may contact the right-of-way branch to consider purchase of the sign, contingent upon funding availability.
(Ord. of 7-10-2000, § 11.13; Ord. of 11-13-2000, § 11.13.2; Amend. of 9-5-2006)