(A) Purpose and intent. Signs are herein regulated in the interest of promoting traffic safety, safeguarding the public health, facilitating police and fire protection, preventing adverse community appearance and over-crowding of the land, and protecting the character of the area in which they are located. This section is intended to prevent their over concentration, improper placement, and excessive height, bulk, and area, in order to maximize sign legibility and effectiveness, while at the same time preserving community scenic, economic, and aesthetic values.
(B) Elements of a common signage plan. An application for a common signage plan shall be filed with the Planning Director by utilizing the same form used for other sign permits. In addition, the applicant shall indicate the standards of consistency of all signs on the subject property with regard to:
(1) Colors: a maximum of 4, including white, may be used. Federal and state registered trademarks may be employed in addition to the specified colors, but may not exceed 12 square feet in copy area;
(2) Letter/graphics style;
(3) Location of each sign;
(4) Materials used in sign construction;
(5) Maximum dimensions and proportion;
(6) Limitation in number of free standing signs to 1 per street frontage; and
(7) Other restrictions imposed by the applicant.
(C) Sign types.
(1) On-premises signs. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at the location on which the sign is located.
(a) Wall/fascia sign. An on-premises sign attached flat to or mounted away from but parallel to the building wall, projecting no more than 12 inches from the building wall.
(b) Projecting sign. An on-premises sign fastened directly to a supporting building wall, and intersecting the building wall at a right angle.
(c) Free standing sign. An on-premises sign that is not directly attached to, erected on, or supported by a building or other structure having a principal function other than the support of such sign, but is instead attached to, erected on, or supported by some structure such as a pole, frame, or other structure that is not itself a part of the building.
1. Ground sign. A free-standing sign attached to the ground with a clearance of less than 8 inches and not exceeding 48 inches in height.
2. Monument sign. A free-standing sign no more than 8 feet in height and having a ratio of less than 4 to 1 sign width to narrowest width of support structure. Any sign constructed to the above referenced ratio of support structure to sign width, but in excess of 8 feet in height, shall be considered and regulated as a pole sign.
3. Pole sign. A free-standing sign attached to the ground by 1 or more support structures having a ratio of greater than 4 to 1 sign width to narrowest width of support structure.
(d) Awning/marquee/canopy/hanging sign. A sign which is attached flat to an awning, marquee, or canopy, or hanging from an awning, marquee or canopy.
(e) Window sign. An on-premise sign attached flat but parallel to the inside of a window, does not include wall/facia signs.
(f) Easel. An upright A-frame structure used for displaying promotional information to the public.
(g) Tract identification sign. An on-premises sign intended to identify a subdivision, church, complex, civic club, fraternal organization, or community facility, but carrying no commercial message.
(2) Off-premises signs. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the premises on which the sign is located.
(a) Billboard. A sign which describes or calls attention to products, activities, or services which are not customarily engaged in, produced, or sold on the premises upon which the sign is located.
(3) Temporary signs. A sign that is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period of time after the erection of such a sign.
(a) Decorative flags or banners. Signs mounted by the town to utility poles located within the public right-of-way displaying non-commercial information, specifically holiday decorations and seasonal banners.
(b) Promotional banner. An on-premise sign indicating special events such as grand openings, sales or similar non-permanent activity to be conducted within the downtown overlay district.
(4) Portable signs. A sign that is not directly attached to the ground or anchored therein by placement in a concrete footing, in holes with compacted earth or gravel, or other support so as to be adequately affixed to the ground as a permanent structure.
(5) Historic sign. A sign that is 50 years or older, or a sign that is particularly unique in character, design, or history, or that is part of the historic character of a business or building.
(6) Roof sign. A sign that is attached to the roof of a building that projects more than 12 inches above the apex of the roof to which it is attached.
(D) General sign regulations.
(1) Computation of sign area. Except where specifically addressed, the area of all signs shall be computed as follows:
(a) The area of a wall sign which consists of individual letters that are erected directly onto a wall is measured by finding the area of the minimum imaginary rectangle or square which fully encloses all sign words, copy, or message.
(b) The area of a sign with 3 or more sides shall be computed as the sum of the area of each side designed either to attract attention or communicate information.
(c) The area of any other sign is measured by finding the area of the minimum imaginary rectangle or square which fully encloses all extremities of one side of the sign, exclusive of its supports.
(2) Construction standards.
(a) All signs shall comply with the appropriate provisions of the North Carolina Building Code, the National Electric Code, and this chapter.
(b) Signs shall be located in such a way that they maintain sufficient horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electric Code specifications, provided that no sign, except governmental signs, shall be installed closer than 10 feet horizontally or vertically from any conductor or public utility guy wire.
(c) In no way shall a sign hinder or obstruct the visibility of the right-of-way, as defined by § 156.400, either at intersections or points of ingress or egress from parking lots.
(3) Height of sign. The height of a sign shall be measured from the highest point of the sign or supporting structure to the average grade of the ground surrounding the sign. For the purposes of this section, the height of a ground sign or monument sign may be measured from the highest point of the sign or supporting structure to the grade of a landscape berm not exceeding 24 inches above the average surrounding ground.
(E) Specific sign regulations.
(1) On-premises signs. The total amount of on-premises signage area permitted on any lot shall not exceed 1¼ times the amount of street frontage. On lots with frontage on more than 1 street, the longest dimension may be used to calculate the maximum area permitted. When no freestanding sign other than a ground sign or monument sign is proposed, a 10% increase in permitted sign area shall be allowed.
(a) Wall/facia sign. Including signage or letters affixed to the inside or outside of a window.
1. Size. The maximum size of a wall/facia sign shall not exceed the limits established in this section. Further, no more than 25% of the area of any wall or window may be devoted to signage.
2. Number. More than 1 wall sign may be erected, provided the total surface area regulation is not exceeded.
3. Setback. Setback requirements do not apply to wall/facia signs.
4. Height. No sign may extend more than 12 inches above parapet walls or above roof lines of buildings without parapet walls.
5. Projection/clearance. No sign may project more than 12 inches from the building wall. All wall signs shall maintain a clear height of 8 feet above the ground below, if it projects more than 6 inches from the building wall to which it is attached.
6. Construction. All wall signs shall be fastened directly to the supporting wall.
7. Illumination. Wall signs may be illuminated either internally or externally, provided that no sign located within 150 feet of a residential use or district, except in the B-1 District, may be illuminated during the hours between 12:00 midnight and 6:00 a.m.
8. Location. Wall signs may be located in all zoning districts so long as no illuminated sign is located in any residential district.
(b) Projecting signs.
1. Size. The maximum area of any single side of a projecting sign shall be 10 square feet, and such signs shall be limited to 2 sides.
2. Number. Not more than 1 projecting sign shall be permitted for each business establishment.
3. Setback. No projecting sign shall project closer than 3 feet to the curb line.
4. Height. No sign shall extend above parapet walls or above roof lines of buildings without parapet walls, and the top of the sign shall not be higher than 15 feet above the ground.
5. Projection/clearance. No sign shall project more than 3 feet from the building wall or ½ the width of the sidewalk, whichever is less, provided that no sign shall project closer than 3 feet to the curb line. All projecting signs shall maintain a clear height of 8 feet above the ground below.
6. Construction. All projecting signs shall be fastened directly to the supporting building wall, with the supporting structure physically integrated into the sign. All projecting signs shall intersect the building wall at right angles.
7. Illumination. All projecting signs may be illuminated either internally or externally, provided that no illuminated sign located within 150 feet of any residential use or district, except in the B-1 District, may be illuminated during the hours between 12:00 midnight and 6:00 a.m. Lighting directed toward a sign shall be shielded so that it does not shine directly into a public right-of-way or residential building and does not interfere with the safe vision of motorists.
8. Location. Projecting signs are permitted only in non- residential zoning districts.
(c) Freestanding signs (pole, monument, ground signs). These signs are permitted as set forth herein. Any freestanding sign which exceeds 8 feet in height may be erected only after a plan for such sign has been approved by the Planning Board.
1. Size.
a. Pole sign. The maximum surface area of a single side of a pole sign shall not exceed .125 square foot per linear foot of street frontage along the street toward which such sign is primarily oriented.
b. Monument sign. The maximum surface area of a single side of a monument sign shall not exceed .20 square foot per linear foot of street frontage along the street toward which such sign is primarily oriented.
c. Ground sign. The maximum surface area of a single side of a ground sign shall not exceed .25 square foot per linear foot of street frontage along the street toward which such sign is primarily oriented.
2. Number. One freestanding sign shall be allowed on any lot, subject to the criteria herein, provided a pole sign shall only be allowed on a lot which contains 100 feet or more of frontage on the street to which such sign is to be oriented. If a common signage plan is approved by the Planning Director, 2 freestanding signs may be allowed on a lot or development having a minimum frontage of 300 feet on each of 2 adjacent streets, or more than 600 lineal feet of frontage on a single street, but only 1 may be a pole sign. When a lot or development subject to the terms of an approved common signage plan contains more than 1,500 linear feet of frontage on a single street, or has frontage of 300 feet or more on each of 3 adjacent streets, a maximum of 3 freestanding signs may be allowed, but there shall
be only 1 pole sign permitted. When more than 1 freestanding sign is to be constructed, the total permitted sign area of all signs shall not exceed the standard set forth in this division, and the total amount of freestanding sign area shall not exceed .25 square feet per linear foot of frontage on the adjacent street of greatest length.
3. Setback. No portion of any freestanding sign may extend over any public right-of- way, or be located within 15 feet of any interior side lot line. Further, no sign may be constructed within 20 feet of a right-of-way or within 30 feet of a right-of-way.
4. Height. No freestanding sign nor any part thereof, including base or apron, supports, supporting structures, and trim, may exceed 20 feet in height. Further, no monument sign may exceed 8 feet in height and no ground sign may exceed 4 feet in height.
5. Projection/clearance. All pole signs shall maintain a clear height of 8 feet above the ground.
6. Construction. All freestanding signs shall be securely fastened to the ground so that there is virtually no danger that the sign may be moved by wind or other forces of nature and cause injury to persons or property.
7. Illumination. All freestanding signs may be illuminated either internally or externally, provided that no sign located within 150 feet of a residential use or district, except in the B-1 district, may be illuminated during the hours between 12:00 midnight and 6:00 a.m. Lighting directed toward a sign shall be shielded so that it does not shine directly into a public right-of-way or residential building and does not interfere with the safe vision of motorists.
8. Location. Freestanding signs are permitted in nonresidential districts, however, pole signs are not permitted in the B-1 District. Home occupation signs shall be permitted in residential districts in accordance with § 156.305. The Town Board of Commissioners or Board of Adjustment may approve a freestanding sign in accordance with the standards of this section as part of a special or conditional use permit in a residential district.
9. Landscaping. Shrubs, flowers, or ground cover with a minimum height of 18 inches and planting bed area equal to ½ of the sign area shall be planted around the entire base of any freestanding sign. The height of the plant materials may be waived for ground signs or monument signs.
(d) Awning, marquee, canopy and hanging signs.
1. Size. The maximum area of a single awning or marquee sign shall not exceed 75% of the surface area of the face of the awning or marquee to which it is attached. The maximum area of 1 side of any sign hanging from an awning shall be 6 square feet.
2. Number. One awning or marquee sign shall be permitted per awning or marquee side that faces a public right-of-way or sidewalk. One hanging sign is permitted per business premises.
3. Setback. No portion of any awning or marquee sign shall project closer to the curb line than the awning or marquee to which it is attached.
4. Height. Awning and marquee signs shall not extend above the top of the awning or marquee to which they are attached. Hanging signs shall not exceed 18 inches in height.
5. Projection/clearance. No portion of an awning or marquee sign shall project more than 12 inches from the surface it is attached to. Hanging signs shall maintain a clear height of 8 feet above the ground.
6. Construction. All awning or marquee signs shall be fastened directly to the awning or marquee so that there is virtually no danger that the sign may be moved by wind or other forces of nature and cause injury to persons or property.
7. Illumination. All awning and marquee signs may be illuminated either internally or externally, provided that no illuminated sign located within 150 feet of any residential use or district, except in the B-1 District, may be illuminated during the hours between 12:00 midnight and 6:00 a.m. Lighting directed toward a sign shall be shielded so that it does not shine directly into a public right-of-way or residential building and does not interfere with the safe vision of motorists.
8. Location. Awning and marquee signs are permitted in non- residential zoning districts.
(2) Off-premises signs.
(a) Billboards.
1. Size. The maximum area of a single side of a billboard shall not exceed 200 square feet, with a maximum height of 15 feet, and a maximum width of 20 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 1 advertising face is allowed on each side of the display.
2. Spacing. No part of any billboard shall be located less than 500 feet from any part of another billboard. The minimum distance between billboards shall be measured along the nearest edge of the pavement between points directly opposite the sign along each side of the highway, and shall apply only to billboards located on the same side of the highway. Billboards shall not be located in such a manner as to obscure or physically interfere with the effectiveness of an official traffic sign, signal, or device or obstruct or physically interfere with a driver's view of approaching, merging, or intersecting traffic.
3. Setback. Billboards shall be placed at least 50 feet off the state right-of-way.
4. Height. No billboard or part thereof, including base or apron, supports, supporting structures and trim shall exceed 25 feet in height, measured from the top of the sign to the ground at the base of the sign or highway grade level, whichever may be higher.
5. Projection/clearance. All billboards shall maintain a clear height of 8 feet above the ground at the base of the sign or highway grade level, whichever may be higher.
6. Construction. All billboards shall be constructed in accordance with the North Carolina Building Code and the National Electric Code.
7. Illumination. All billboards may be externally illuminated, so long as such lighting is effectively shielded to prevent beams or rays of light from being directed into any portion of the traveled ways of a public street, and is not of such intensity or brilliance as to cause glare or to interfere with any driver's operation of a motor vehicle.
8. Location. Billboards are permitted in all zoning districts by special use only.
9. Annexation. Billboards located on property that is annexed by the town shall be allowed a period of 42 months from the date of annexation to comply with the provisions of this section.
(b) Other off-premises signs. All other types of off-premises signage is prohibited unless specifically addressed below.
(3) Other types of signs.
(a) Temporary signs. The signs described in this section may be erected on a temporary basis only after a permit has been issued by the Planning Director. No sign shall be placed in a public right-of-way, nor attached to a pole or structure owned by a public utility company.
1. One on-premises construction project sign, not to exceed 20 square feet in size, may be erected in a residential district, and up to 2 on-premises construction project signs may be erected in a business, industrial, or office and institutional zone, so long as the sum of the areas of 1 face of these signs does not exceed 32 square feet. Construction signs shall not be erected prior to site plan or plat approval or the issuance of a building permit, and shall be removed within 15 days after final inspection and approval of the project.
2. Political signs are permitted in all zoning districts for a period not exceeding 30 days preceding the opening of the polls, and shall be removed within 5 days of the closing of the polls. With the exception of election days, no political signs shall be placed on public property paid for by public funds or tax money. Signs shall not exceed 32 square feet in aggregate area per lot, and shall not exceed 8 feet in height. No such sign shall be located within or over the public right-of-way. At the polls, any number of political signs may be erected. Such signs shall not be placed more than 24 hours preceding the opening of the polls, and shall be removed within 24 hours following the closing of the polls.
3. Signs indicating special events, such as a fair, carnival, festival, grand opening, sale, or similar non-permanent activity to be conducted within the Kenly zoning jurisdiction, not including the Downtown Overlay District (see division (J) below). Such sign shall not exceed 32 square feet in area and may be erected for a period not to exceed 30 days. Such signs shall be removed by the applicant within 7 days after the event has taken place, and may be permitted only 1 time within a 12-month period.
4. "Yard Sale" signs, located off-site from the property where such activity is to occur, shall be permitted outside of public rights-of-way. Such signs may not exceed 4 square feet in size. Signs shall not be erected more than 7 days before the sale date and shall be removed within 48 hours of the sale date.
5. Real estate, church or nonprofit organizational direction signs may be located off-site; however, such signs may not exceed 6 square feet and no more than 1 sign per intersection shall be permitted. Such signs may be erected for a period of 3 consecutive days and must be removed by the applicant for a period of at least 3 days before placement in the same location is reestablished. Such sign permit shall be subject to an annual renewal as established in the Town Comprehensive List of Fees and Charges.
(b) Tract identification signs. Up to 2 on-premises permanent subdivision, church, apartment, civic club, fraternal organization, or community facility tract identification signs for each street frontage are permitted, but the sum of the areas of 1 face of these signs shall not exceed 40 square feet.
(c) Product and information signs. On-premises product or information signs are permitted, so long as the sum of the areas of 1 face of these signs does not exceed 48 square feet, and the area of any single sign does not exceed 16 square feet in size.
(d) Community service signs. A welcome sign, or a sign incorporating the insignias of more than 1 civic, governmental and/or nonprofit organization, may be permitted. Any such sign shall not exceed 100 square feet in area nor 20 feet in height. Location within a public right-of-way may only be permitted with written approval of the state or town. Such sign may be on-premises or off-premises.
(F) Exemptions. The following signs shall not be subject to regulation hereunder:
(1) Signs erected by or on behalf of or pursuant to the authorization of a governmental body.
(2) Flags, pennants, or insignia of any governmental or nonprofit organization, when not displayed in connection with a commercial promotion or as an advertising device.
(3) Signs directing and guiding traffic on private property that do not exceed 4 square feet in size each and that bear no advertising message.
(4) Signs painted on or otherwise permanently attached to currently licensed motor vehicles that are not primarily used as signs.
(5) Signs not exceeding 4 square feet in size that are customarily associated with residential use and that are not of a commercial nature, such as signs giving names of occupants, signs on mailboxes and paper tubes, and signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.
(6) "Yard Sale" signs located on-site and not exceeding 4 square feet in area not used in connection with any continuous commercial activity.
(7) Signs containing the message that the real estate on which the sign is located is for sale, lease, or rent, together with information identifying the owner or agent. For uses non-residential, such sign shall not exceed 16 square feet in size for developments under 2 acres, and shall not exceed 32 square feet in size or 6 feet in height for all non-residential developments larger than 2 acres. For residential properties less than 5 acres, such sign shall not exceed 9 square feet. For residential properties between 5 and 20 acres, such sign shall not exceed 16 square feet. For residential properties in excess of 20 acres, such sign shall not exceed 32 square feet and 6 feet in height. Such sign shall be removed immediately after sale, lease, or rental. Only 1 sign on each street frontage may be erected, but on lots having a street frontage in excess of 400 feet, a second sign not exceeding 9 square feet in size may be erected.
(8) Displays, including lighting, erected in connection with the observance of holidays. Such signs shall be removed within 10 days following the holiday.
(G) Signs prohibited. The following signs are expressly prohibited within all zoning districts:
(1) Portable signs, including any signs painted on or displayed on vehicles or trailers usually parked in public places primarily for displays, except where provided for in division (F) above. Additionally, any such prohibited sign designed to be portable shall not be permitted to be altered so as to be made permanent.
(2) Roof signs.
(3) Windblown signs, including banners, pennants, streamers, spinners, blimps, gas balloons, and no more than 2 flags, unless specifically provided for in division (F) above.
(4) Any sign or device set into motion by mechanical, electrical, or other means.
(5) Any signs that are considered neon or have gas bulb fixtures (B-1 Zoning District Only).
(6) Any flashing sign or device displaying flashing or intermittent lights or lights of changing degrees or intensity, except a sign indicating time and/or temperature, with changes alternating on not less than a 5-second cycle.
(7) Any sign which is a copy or imitation of an official sign, or which purports to have official status.
(8) Off-premises signs, unless specifically provided for in this section.
(H) Removal of obsolete or deteriorated signs.
(1) Obsolete signs.
(a) Signs which identify business establishments no longer in existence, products no longer being sold, services no longer being rendered, or events which have already occurred shall be removed by the owner of the premises on which the sign is situated within 90 days of receipt of notification by the enforcement officer. In the case of sign structures designed to carry messages printed on non-permanent materials such as paper or cardboard, this provision applies only to the message, not the sign structure.
(b) When a sign is determined to have particular historical or culturally significant value, such determination to be made by a majority vote of the Planning Board, the terms of this section may be waived.
(2) Deteriorated signs. Any sign which, together with its supports, braces, anchors, and other structural elements, is not maintained in accordance with the provisions of the North Carolina State Building Code, or which is otherwise determined to be unsound or unsafe, shall be removed or brought into compliance with all codes and ordinances within 30 days of notification by the enforcement officer.
(I) Maintenance.
(1) All signs shall be maintained in a state of good repair. The Planning Director is authorized to inspect each sign periodically to determine that it meets the requirements set forth in this chapter. Whenever it shall appear to the Planning Director that any sign has been structured or is being maintained in violation of this chapter, such sign shall be made to conform with all regulations herein, or shall be removed at the expense of the owner within 10 days after written verification thereof by the Planning Director.
(2) Maintenance responsibilities: to ensure that signs are erected and maintained in a safe and attractive manner, the following maintenance requirements shall apply to all signs visible from any street right-of-way:
(a) A sign shall have no more than 20% of its surface area covered with disfigured, cracked, ripped, or peeling paint, poster paper, or other material for a period of more than 30 successive days.
(b) A sign shall not stand with bent or broken sign facing, with broken supports, with loose appendages or struts, or more than 15% from vertical for a period of no more than 10 successive days.
(c) A sign shall not have weeds, trees, vines, or other vegetation growing upon it, or obscuring the view of the sign from the street or right-of-way from which it is to be viewed, for a period of no more than 30 successive days.
(J) Downtown overlay district. The Downtown Overlay District is established for the purpose of fostering the economic vitality of the area within the district's boundaries. It is recognized that a vibrant downtown promotes the economic development and stability of the entire community. The standards established herein shall be applied to all non-residential properties which are located within the district's boundaries.
(1) Designation of Downtown Overlay District. This district shall be an overlay district and shall include all commercially zoned properties located within the Downtown Overlay District of the Town of Kenly Zoning Map.
(2) Permitted uses. All permitted, special and conditional uses of the underlying zoning district are allowed subject to the specific requirements and procedures for each classification.
(3) Dimensional requirements. The dimensional requirements of this overlay district shall be the same as the underlying zoning district.
(4) Sign regulations.
(a) Easels. Easels shall be permitted within the Downtown Overlay District provided that there is a minimum of 5 feet of sidewalk clearance. Easels shall be uniform in size (maximum 6 square feet) and type as selected by the Town of Kenly Downtown Development Association. Easels will only be allowed during business hours. Only 1 easel shall be allowed per business.
(b) Window signs. One 11-inch by 17-inch window sign or two 8 1/2-inch by 11-inch window signs shall be permitted per business per street frontage. Changeable letter signs shall be prohibited in the Downtown Overlay District except for "historic signs."
(c) Promotional banners.
1. Promotional banners not exceeding 12 square feet shall be permitted in the Downtown Overlay District for periods of up to 14 days. Promotional banners shall be allowed a maximum of 4 times per year. All promotional banners must be reviewed and approved by Planning Director and a permit must be issued. Promotional banners must be removed immediately following the 14-day period.
2. Religious, governmental, civic, and bona fide non-profit organizations may display a single promotional banner within or over a public right-of-way for a period not to exceed 14 days, subject to the issuance of a permit by the Planning Department. Such banner shall be erected by the Town of Kenly in a manner which does not endanger the public use of said right-of-way. No organization may erect a promotional banner under the terms of this section more than twice in a 12 month period.
(d) Decorative flags and banners. Decorative flags and banners shall be reviewed and approved by the Planning Director. Holiday decorations may be installed for a maximum period of 7 weeks. Seasonal banners must correspond to the appropriate season.
(Ord. passed 6- -2019)