A. Sign Permit Required.
2. Some signs may also require building and electrical permits in accordance with the North Carolina Building Code.
B. Signs Not Subject to Sign Permit.
1. The following sign types shall not be required to obtain a sign permit, but shall comply with all applicable requirements in this section and this Ordinance:
a. The placement of one or more incidental signs, subject to the applicable standards in Table 5.11.9, Sign Standards by Sign Type;
b. The placement of a supplemental sign, subject to the applicable standards in Table 5.11.9, Sign Standards by Sign Type; and
c. Public art, subject to the standards in Section 5.11.6.C, Public Art.
2. Failure to comply with the standards for these sign types shall be a violation of this Ordinance subject to the provisions in Article 8: Enforcement.
C. Public Art.
1. Distinguished from Signs.
a. Painted or printed murals or other forms of public art shall not be considered as signage subject to these standards in cases where the art or mural does not incorporate a direct or indirect reference to a tradename, trademark, or the name of the establishment associated with the mural or artwork.
b. All other forms of public art or murals shall be considered as signage subject to the standards in this section.
2. Standards for Public Art. In cases where public art or a mural does not constitute a sign, it shall be subject to any applicable adopted policy guidance and the following standards:
a. A mural or public art installation shall require approval of a site plan in accordance with the standards in Section 2.2.17, Site Plan.
b. Murals and public art shall be maintained and periodically cleaned, refreshed, or refurbished so that the mural remains visible and consistent with its approval.
c. In the event the owner of a building with a mural no longer wishes to maintain the mural, it shall be removed or covered with paint or other material consistent with the existing exterior material on the building wall where the mural is located. In cases where an approved mural is removed or concealed, it may only be re-established through approval of a site plan in accordance with Section 2.2.17, Site Plan.
D. Signs in Street Rights-of-Way.
1. Generally. No sign shall be permitted within a street right-of-way except in accordance with Section 5.11.6.D.2, Signs Allowed in the Right-of-Way.
2. Signs Allowed in the Right-of-Way.
a. Only the following signs may be permitted in a street right-of-way:
i. Regulatory signage erected by the Town of Zebulon;
ii. Signage erected by NCDOT;
iii. Emergency warning signage erected by a governmental agency, public utility, or contractor performing work within the right-of-way;
iv. Signage in the DTC and DTP districts; and
v. Political signs.
b. Except for sidewalks signs, signs permitted within a street right-of-way shall maintain a minimum vertical clearance of at least nine feet above the paving, curb, gutter, sidewalk, or grade, as appropriate (see Figure 5.11.6.D.2.b: Minimum Vertical Clearance).
c. In the event the establishment or realignment of a street results in an existing sign becoming wholly or partially within the right-of-way in violation of these standards, the sign shall be removed at the expense of the person or agency establishing or realigning the street.
3. Removal of Illegal Signs in Right-of-Way and Public Properties.
a. The Planning Director may remove any sign placed on public property or within any public right-of-way in violation of this Ordinance.
b. Signage determined to be in violation of this Ordinance and removed from public property or a public right-of-way shall be discarded.
c. Penalties may be levied for each such illegal sign as prescribed Article 8: Enforcement.
E. Prohibited Locations.
1. In no instance shall a sign or sign support structure be located within the following areas:
a. Within five feet of the street right-of-way, except as allowed in Section 5.11.6.D.2, Signs Allowed in the Right-of-Way:
b. Sight distance triangles, unless required by NCDOT;
c. Required open space set-asides; or
d. Within a recorded access or drainage easement.
2. Nothing shall limit the placement of a sign or sign support structure within a required zoning district setback, provided it complies with the applicable standards in this section and does not interfere with landscaping materials required by Section 5.6, Landscaping.
F. Measurement. Sign face area, maximum sign height, and other measurement standards pertaining to signage are determined in accordance with the standards in Section 9.3.13, Signage Measurement.
G. Changeable Copy. Areas devoted to changeable copy on a sign shall be subject to the following standards:
1. Changeable copy areas may only be located on ground or wall signs;
2. No more than 50 percent of the sign face area may be devoted to changeable copy area;
3. The display of copy shall not change more than once per minute;
4. Outdoor advertising signs shall not include areas devoted to changeable copy;
5. Signage copy shall not be animated, and shall not blink, scroll, flash, or have other moving effects. This provision shall not restrict the copy from changing from one message to another.
H. Illumination. Where authorized, signs may only be illuminated in accordance with the following standards:
1. Generally.
a. Illuminated signs shall obtain a building permit and be configured in accordance with North Carolina Building Code, applicable electric code, and the adopted fire code.
b. All wiring to ground, pole, or other freestanding signs erected after January 1, 2020, shall be located underground.
2. Internal Illumination.
a. Internally illuminated signs are prohibited within all residential districts.
b. Signs facing residentially-zoned lots or lots used solely for residential purposes shall not be internally illuminated. Nothing shall require a pre-existing internally illuminated sign to be removed if the lot it faces becomes used solely for residential purposes.
3. Indirect or External Illumination.
a. All external or indirectly illuminated signs shall illuminate only the face of the sign and shall not shine directly into or create glare on a right-of-way or residential use.
b. Indirect or externally illuminated signs shall comply with the standards in Section 5.4.7, Maximum Illumination Levels.
4. Flashing or Intermittent Lights Prohibited.
a. Flashing lights are prohibited.
b. Sign illumination shall not vary in degrees of brightness or intensity.
I. Structural Configuration. All signs and sign supporting structures shall be constructed and designed according to generally accepted engineering practices to withstand wind pressures and load distribution as specified in the current North Carolina Building Code.
J. Maintenance Required.
1. All signs and sign supports shall be maintained in good repair.
2. In the event a sign or sign support is poorly maintained or becomes unsafe, the Planning Director shall notify the sign owner of the condition, and the sign owner shall take whatever action is required to maintain public safety.
3. Failure to correct the unsafe condition is a violation of this Ordinance and shall be subject to the remedies in Section 8.8, Remedies.
(Ord. 2020-36, passed 12-2-2019)