Loading...
(A) Note 2: Billboard/off-premises advertising and off-premises advertising/billboard signs are not permitted in any zoning district within the zoning jurisdiction of the Town of Liberty.
(B) Note 3: Signs directing and guiding traffic, but which bear no advertising matter and do not exceed 4 square feet in area. Presented signs shall be subject to § 154.163. Signs located in Commercial and Industrial Districts may be illuminated subject to § 154.167. Signs are limited to 2 per drive. Signs may be permitted within public rights-of-way after review on an individual basis and approved by the Town Manager and, when located on a state maintained road/street, by the NCDOT. No sign located within public rights-of-way shall be over 2 feet in height.
(D) Note 5: Projecting and suspended signs are permitted within the B1, B2 and IP Districts subject to the following:
(1) Only 1 projecting or suspended sign shall be permitted per principal structure;
(2) All projecting and suspended signs shall be set back at least 2 feet from the back face of the curb or outer edge of the pavement where there is no curb. Set back distances for projecting signs which front on state roads or streets shall be approved by NCDOT, approval shall be presented when applying for a sign permit. Subject to the above, no projecting or suspended sign shall project horizontally more than 6 feet;
(3) All projecting and suspended signs shall be erected at a height of not less than 9 feet above the sidewalk, walkway or any pedestrian passageway;
(4) No projecting or suspended sign shall exceed 15 square feet in area per feet; and
(5) Projecting and suspended signs may be 2-sided.
(E) Note 6:
(1) Area is calculated based on the area of the awning that appears as a vertical surface and may be viewed from 1 vantage point. Not more than 100 square feet in the B1 District and not more that 200 square feet in the B2, I and IP Districts;
(2) An awning or marquee sign shall be located at least 9 feet above the sidewalk, walkway or pedestrian passageway over which it projects; and
(3) Those signs shall not extend above the roofline of the building on which it is attached.
(F) Note 7: Auction signs:
(1) On-premise shall be regulated by § 154.171(A)(1); and
(2) Off-premise shall be regulated by § 154.171(B)(4).
(G) Note 8: Freestanding signs may be allowed as follows:
(1) One freestanding sign may be permitted for each street frontage of the zoning lot, provided no ground sign is located on the same street frontage;
(2) A consolidated sign of unified design and construction shall be used where more than 1 use is located on a single lot;
(3) A maximum height of 20 feet;
(4) All freestanding signs shall observe a maximum sign area of:
(a) Signs in B1 shall not display more than 75 square feet of sign area;
(b) Signs in B2 shall not display more that 150 square feet of sign area; and
(c) Signs in I and IP shall not display more that 150 square feet of sign area.
(5) A freestanding sign may have 2 faces. In the case of a double-faced sign, which is constructed in the form of a “V” when viewed from above, the angle of the “V” measured at the apex shall not exceed 45 degrees. Each face may contain up to the maximum are indicated above;
(6) Not counted as freestanding signs are entrance and exit signs and signs not subject to control (§ 154.162); and
(7) Any freestanding sign shall be setback 5 feet from any property line.
(H) Note 9: Ground signs may be allowed as follows:
(1) One ground sign may be permitted for each street frontage of the zoning lot, provided no freestanding ground sign is located on the same street frontage;
(2) A consolidated sign of unified design and construction shall be used where more than 1 use is located on a single lot. Consolidated signs may not exceed district maximum;
(3) A maximum height of 20 feet;
(4) All ground signs shall observe a maximum sign area of:
(a) Signs in B1 shall not display more than 75 square feet of sign area;
(b) Signs in B2 shall not display more than 150 square feet of sign area; and
(c) Signs in I and IP shall not display more than 150 square feet of sign area.
(5) A ground sign may have 2 faces. In the case of a double-faced sign, which is constructed in the form of a “V” when viewed from above, the angle of the “V” measured at the apex shall not exceed 45 degrees. Each face may contain up to the maximum are indicated above;
(6) Not counted as ground signs are entrance and exit signs and signs not subject to control (§ 154.162); and
(7) Any ground sign shall be setback 5 feet from any property line.
(I) Note 10: Signs described in § 154.162 which are not subject to control by this chapter.
(J) Note 11: Off premises directional signs for churches or non-profit civic organizations are permitted in any district. If located outside of the public right-of-way, the written permission of the property owner shall be required. Signs may be permitted within public right-of-way after review on an individual basis and approval by the Town Manager and when located on a state maintained road/street, by the NCDOT. Signs are limited to 2 square feet in area.
(K) Note 12: The Zoning Administrator may issue to a qualifying use a zoning compliance permit for a single off premise directional sign provided the following standards are met:
(1) The principal use for which sign is erected is located in a Bl, B2, I or IP District;
(2) Any sign located in BI, B2, I or IP District shall not exceed 8 square feet per establishment nor 32 square feet for 3 or more establishments utilizing a single sign. Signs providing directions to multiple establishments shall be of unified design. Signs shall be limited to 6 feet in height;
(3) Signs located within the R40 district shall be limited to 2 square feet in area and 3 feet in height;
(4) Signs shall not be located within any residential district, except the R40 District;
(5) No off-premises directional signs shall be permitted within the defined sight triangle;
(6) Off premises directional signs shall be limited to 1 per zoning lot where the signs are permitted to be erected. Signs are permitted on any lot within R40, Bl, B2, IP Districts, and I provided the lot is located at a street intersection;
(7) Written permission of the property owner shall be submitted at the time of application for a sign zoning compliance permit;
(8) All signs permitted shall be of a permanent construction and no portable signs shall be permitted; and
(9) For the purpose of determining zoning lots; railroad rights-of-way shall be considered 1 lot per street block.
(M) Note 14: Non-illuminated political signs, not exceeding 16 square feet in area, are permitted in required front yards. Signs shall be removed within 2 days subsequent to the election or campaign to which they pertain. No political sign shall be posted on any utility pole. Political signs of up to 32 square feet may be permitted within commercial and/or industrial districts as long as they are located outside of any public rights-of-way.
(O) Note 16: Roof signs are not permitted in any Zoning District within the zoning jurisdiction of the Town of Liberty.
(P) Note 17:
(1) Name markers for subdivisions may be located within the street rights-of-way on NCDOT secondary roads or town maintained streets (after review on an individual basis and approved by NCDOT where applicable), or within the required front yard at the beginning of a subdivision road upon issuance of a zoning compliance permit, provided the location of the marker is outside the intersection sight triangle and the normal maintenance limits; and
(2) In non-residential districts markers may include a listing of the occupants of the subdivision. Issuance of a zoning compliance permit shall be subject to the following conditions:
(a) Property sight distances shall be maintained at all intersections of streets. There shall be a clear sight distance in the triangular area formed by the intersecting street rights-of-way lines and a straight line connecting points on the street rights-of-way lines in accordance with the current edition of the NCDOT Division of Highways Minimum Construction Standards for Subdivision Roads. The sight distance shall be surveyed and platted as street rights-of-way, and no obstruction shall be permitted in this area;
(b) All costs will be the responsibility of the applicant;
(c) Neither the town nor the North Carolina Division of Highways shall maintain the marker or the area around the marker;
(d) The markers shall be removed, if not properly maintained or if required for street improvement purposes, at no expense to the public;
(e) One marker shall be permitted for each intersection and a maximum of 2 markers shall be permitted for each subdivision;
(f) If the sign is to be located within the rights-of-way of any North Carolina state system road, approval of the Division of Highways shall be required;
(g) The applicant shall assume liability for the marker;
(h) Size is limited to 40 square feet and height is limited to 6 feet;
(i) Markers in non-residential districts which list the occupants of the subdivision shall also be subject to the following requirements:
1. A rendering indicating color, size, shape and lighting mechanisms for the marker shall be submitted; and
2. All marker panels shall be of unified design (color, size, shape) and shall not include company logos.
(j) The light source for the marker shall not be directly visible from adjoining properties or rights-of-way; and
(k) The applicant shall agree in writing to these conditions.
(Q) Note 18: Wall signs shall be allowed as follows:
(1) No wall sign shall extend above the roofline of the structure to which it is attached;
(2) Wall signs may be permitted to exceed the district height limit. However, any wall sign shall be limited to identification purposes only;
(3) Wall signs in B1:
(a) No wall sign shall encompass, cover or delineate more than 20% of the exterior building wall upon which it is mounted or painted, provided that no exterior building wall shall display more than 200 square feet of sign area; and
(b) No part of the sign shall extend more than 18 inches from the wall.
(4) Wall signs in B2:
(a) No wall sign shall encompass, cover or delineate more than 30% of the exterior building wall upon which it is mounted or painted provided that no exterior building wall shall display more that 200 square feet of sign area; and
(b) No wall sign shall exceed more than 18 inches from the wall on which it is mounted;
(5) Wall signs in I and IP: no wall sign shall encompass, cover or delineate more than 30% of the exterior building wall upon which it is mounted or painted and no wall sign shall exceed a total of 200 square feet. No wall sign shall extend more than 18 inches from the wall on which it is mounted; and
(6) One or more wall signs are permitted per wall, subject to the total display are per wall listed above.
(R) Note 19: Window signs shall be considered as wall signs and shall be added to the sign area for any wall sign area designated. See Note 18 in division (Q) above.
(S) Note 20: Changeable electronic copy signs are allowed at maximum size up to 80% of the amount of sign face area of the type sign utilized (i.e., freestanding, ground, wall) for the district in which the sign is located.
(T) Note 21: In residential districts, 25 square feet maximum if sign is located less than 40 feet from street rights-of-way. If sign is located more than 40 feet from street rights-of-way, then a maximum of up to 40 square feet may be permitted. In Commercial and Industrial Districts all signs shall meet district regulations.
(1981 Code, Article 700, Note File) (Ord. passed 6-28-2004; Am. Ord. passed 3-24-2003; Am. Ord. passed - - )
SPECIAL USE REGULATIONS
(B) The Town Council is aware of its responsibility to protect the public health, safety and general welfare and believes that certain uses which, now or in the future, may be included on this list are appropriately handled as special uses, subject to review in relation to general and specific requirements, rather than as uses permitted by right.
(D) It is the express intent of the Town Council to delineate the areas of concern connected with each special use and to provide standards by which applications for special use shall be evaluated.
(1981 Code, § 801) (Ord. passed 6-28-2004)
(A) The Town Council shall find that the following general standards shall be met by all applicants for approval of special uses:
(1) That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
(2) That the use meets all required conditions and specifications;
(3) That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and
(4) That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development of Liberty and its environs.
(B) The Town Council shall make these general findings based upon substantial evidence contained in its proceedings.
(C) It shall be the responsibility of the applicant to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a special use.
(1981 Code, § 802) (Ord. passed 6-28-2004)
(A) Application submitted to Zoning Administrator.
(1) Application for a special use shall be filed with the Zoning Administrator, who shall, before accepting any application, ensure that it contains all required information, as specified in § 154.195 below.
(2) The deadline for filing of applications for a special use will normally be 5:00 p.m. on the day, which is 30 days prior to the date of the Town Council meeting for which the public hearing is to be set.
(3) The Town Manager, acting as agent for the Town Council, shall schedule each complete application for a public hearing.
(4) Hearings dates may be established for a regular or special meeting of the Town Council; however, the Manager shall not schedule a combined total of more than 5 hearings on amendments to this chapter, special use permits and conditional use permits at any meeting of the Town Council.
(5) Applications which are not complete, or otherwise do not comply with the provisions of this chapter, shall not be accepted by the Zoning Administrator, but shall be returned forthwith to the applicant, with a notation by the Zoning Administrator of the deficiencies in the application.
(B) Planning Director prepares analysis.
(1) The Zoning Administrator shall cause an analysis to be made of the application for consideration by the Town Council.
(2) The analysis shall be a written report which shall be submitted to the Town Council prior to the meeting at which the public hearing described in division (E) below is to be held.
(C) Public hearing required; notice specified. Prior to consideration of the application for approval of a special use, a public hearing thereon shall be held by the Town Council to receive evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a special use.
(D) Notice. The Zoning Administrator shall give public notice of the date, time and place of the public hearing. The notice shall be as required by the G.S. Ch. 160A.
(E) Action on the application. After completion of the public hearing, the Town Council shall take action upon the application. This action shall be 1 of the following:
(1) Approval;
(2) Approval with conditions attached; or
(3) Denial. In every case, the action of the Town Council shall include a summary of the evidence supporting the action taken by it on the application.
(F) Action subsequent to the decision.
(1) The Zoning Administrator shall cause notice of the disposition of the application to be sent by certified mail to the applicant and a copy of the decision to be filed in the office of the Zoning Administrator.
(2) The Zoning Administrator, in the case of approval or approval with conditions, shall issue the necessary permit in accord with the Council’s action.
(3) The permit shall include and be based upon plans as approved by the Town Council.
(1981 Code, § 803) (Ord. passed 6-28-2004)
(A) In granting a special use permit, the Town Council may impose additional reasonable and appropriate special requirements upon a permit as it may deem necessary in order that the purpose and intent of this chapter is served, public welfare secured and substantial justice done.
(B) If all requirements and conditions are accepted by the applicant, the Town Council shall authorize the issuance of the special use permit, otherwise the permit shall be denied.
(C) The conditions of a valid special use permit shall run with the land and shall be binding on the original applicant(s) as well as all successors, assigns and heirs.
(1981 Code, § 804) (Ord. passed 6-28-2004)
Loading...