Sec. 18-136. - Scope.

This division shall apply in all districts. With the exception of legal notices, identification, information, directional or regulatory signs erected or required by governmental bodies, no exterior sign may be erected, painted, repainted, posted, reposted, placed, replaced, or hung in any district, except in compliance with this division.

(Code 2002, § 18-136; Ord. of 1-5-1993, art. VI, § 1)

Sec. 18-137. - General provisions.

(a) Sign permit. With the exception of those signs specifically authorized in section 18-138, no sign may be erected without a sign permit from the zoning administrator.

(b) Construction prohibited. No sign shall be:

(1) Permitted on any public right-of-way except as specifically authorized in this division.

(2) Attached to or painted on any telephone pole, telegraph pole, power pole, or other manmade object not intended to support a sign, nor on any tree, rock or other natural object, except as specifically authorized in this division.

(c) Setback requirements. Except as otherwise provided in this division, signs are required to be set back at least five feet from all lot lines and street right-of-way lines. In addition, they shall not be located within any drainage and/or utility easement (other than a standard five-foot drainage and utility easement that is located parallel to a street right-of-way line).

(d) Height requirements. No part of a freestanding sign may exceed a height, measured from ground level as indicated in the following table:

Sign Height Requirements 

(e) Obstructing signs prohibited. Signs shall not obstruct any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress or egress for any building, structure or lot. This provision does not apply to temporary paper signs.

(f) Traffic safety. No sign shall:

(1) Be erected or continued that would tend by its location, color or nature to be confused with or obstruct the view of traffic signs or signals, or would tend to be confused with a flashing light of an emergency vehicle;

(2) Use admonitions such as "stop," "go," "slow," "danger," etc., which might be confused with traffic directional signs or signals; or

(3) Obstruct the line of sight of motorists at intersections or along a public right-of-way.

(g) Projecting signs and devices.

(1) Projecting signs and overhanging devices, where they are permitted, shall be at least ten feet above the finished grade of any sidewalk or other walkway. Signs attached to the underside of a canopy shall be at least eight feet above the finished grade of any sidewalk or other walkway. No sign shall extend closer than two feet to a vertical plane at any street curbline. Signs and canopies which extend into a service street and alley right-of-way shall  not interfere with passage of motor carriers using the service entrances at the rear and side of commercial establishments adjacent to such right-of-way. In addition, no sign shall extend above the second floor.

(2) Projecting signs, where permitted to project over a public street or sidewalk right-of-way, shall remain only at the sufferance of the town and shall be removed within five days of formal notification by the zoning administrator of any conditions necessitating removal.

(h) Nonprojecting signs. Signs affixed flat against the walls of buildings or vertical surfaces of canopies and not more than 12 inches in thickness shall not be deemed a projecting sign. Business identification signs mounted on the parapet or on the roofline and not projecting more than 18 inches beyond the building face shall not be deemed a projecting sign. The thickness of such nonprojecting signs shall not be used in measuring setbacks. In no case shall the signs covered in this section extend closer than two feet to a vertical plane at any street curbline.

(i) Sign illumination. Where illuminated signs are permitted, they shall conform to the following criteria:

(1) Illuminated signs may have either an interior or exterior source of illumination or a combination of both.

(2) Exterior illumination, where the source of illumination is provided by such devices as spotlights or floodlights, shall be placed so that it is not directly visible from any residential district, or from adjacent properties. Internal illumination refers to a source of illumination within the sign itself.

(3) No illuminated sign shall be permitted to have flashing lights other than signs which contain only time and temperature information.

(4) No sign within 150 feet of a residential zone may be illuminated between the hours of 12:00 midnight and 6:00 a.m. unless the impact of such lighting beyond the boundaries of the lot where it is located is entirely inconsequential.

(5) Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into a public right-of-way or residential premises.

(j) Setback from residential zone. If the lot on which a nonresidential sign is to be located is immediately adjacent to a residentially zoned lot, a distance of at least 20 feet shall intervene between the closest part of such sign and the adjacent lot line of the property in the residential district.

(k) Maintenance. All signs shall be maintained in a state of good repair. No sign shall be continued which becomes structurally unsafe and endangers the safety of the public or property. The zoning administrator, upon discovering or having brought to his attention evidence of an unsafe sign, shall order that such sign be made safe or be removed. A period of 48 hours following receipt of such notice by the person owning or using the sign shall be allowed for compliance.

(l) Sign area calculation. For the purpose of this division, the area in square feet of any sign shall be computed by the smallest, square, triangle, rectangle, circle or combination which will encompass the entire sign, including lattice work, wall work, frame and supports incidental to its decoration, except that the zoning administrator may omit (from the sign area calculation) those incidental supports and/or structural features that are a neutral color and do not convey any information or attract attention. In computing the sign area, only one side of a double-faced sign structure shall be considered, so long as both sides are the same size. In cases where the two sides do not coincide, the larger side shall be considered.

(m) Nonconforming signs.

(1) No nonconforming signs erected before January 5, 1993, or any amendments to this article shall be moved, replaced or repaired in excess of 50 percent of its original cost in any calendar year without complying with the provisions of this article.

(2) Within 90 days after the effective date of the ordinance from which this section is derived, any portable sign, banner or windblown sign not authorized by this division shall be removed.

(n) Temporary and portable signs. Temporary and portable signs are only allowed subject to the following criteria, unless otherwise authorized in this division:

(1) A representative or owner of the building or lot on which such signs are to be located is required to obtain a sign permit from the zoning administrator. The length of the permit will be no more than 30 calendar days. After the end of the 30 days, the permit may be renewed once for up to an additional 30 days. All such signs shall be removed within the length of the permit or seven days after their reason for being has ceased to exist, whichever is shorter.

(2) No more than one permit for each building or lot, whichever is less, shall be issued at a time. Initial permit requests shall be considered prior to renewal permits.

(3) The maximum length of time that any location will be allowed to have such signs posted shall be 60 days during a calendar year.

(4) Prior to the issuance of each permit and renewal, a fee shall be paid, and a cash bond posted, in an amount as established by the town council. The cash bond shall be held by the town for the length of the permit and until the representative or owner removes the signs.

(5) Temporary and/or portable signs may be located on lots used for nonresidential and multifamily residential purposes subject to the following:

a. Such signs that relate to events such as public elections, auctions of property or goods, agricultural production sales, bona fide grand openings, and estate and court sales shall not exceed a total area of 32 square feet.

b. All other such permitted signs shall not exceed a total area of 20 square feet.

(6) The only temporary and/or portable signs that are permitted on a lot containing a single- or two-family dwelling unit are real estate, political, estate and court sale, court and auction, construction, and yard sale signs, as authorized in section 18-138. In addition, a home occupation is allowed to obtain a permit for one sign, not to exceed two square feet if freestanding, or four-square feet if flush-mounted against the dwelling unit.

(7) No temporary and/or portable sign shall be located within a public right-of-way, unless it announces an event of public interest such as those listed in section 18-138(3)c and is at a location approved and permitted by the zoning administrator.

(8) No temporary and/or portable sign shall be electrified.

(9) If any temporary and/or portable sign remains in a location beyond the times specified or is located or used in violation of any provision of the zoning ordinance sign regulations, the town may remove and dispose of such sign. If the town removes such sign, any posted cash bond is permanently forfeited to the town. Any such removed sign for which a bond was not posted, or a sign permit not issued, the town may dispose of such sign or hold the sign until the owner of the sign has paid to the town a service fee as established by the town council. The remedies set forth in this subsection shall not be exclusive but shall be in addition to any other remedies provided (by this division or law) in cases of violation of the town zoning ordinance.

(10) Yard sale signs are only allowed to be erected after 4:00 p.m. on the day before the event or sale. The signs are not permitted to be placed on any public sign pole, telephone pole, power pole, or within the public right-of-way. The signs must be removed by 4:00 p.m. on the day of the event.

(o) Permanent subdivision sign regulations. At any street entrance to a residential subdivision, there shall be not more than one double-faced sign or two single-faced signs identifying the subdivision. For double-faced signs, the sign area shall not exceed 32 square feet; for single-faced signs, the sign area shall not exceed 16 square feet. Such signs shall be set back at least five feet from all street right-of-way lines, unless the state department of transportation standards for signs in the right-of-way are met.

(p) Nonresidential identification signs in residential districts. These identification signs shall only be permitted within the A-1, MF, and R zoning districts for nonresidential land uses that are either a use by right or have been approved as a special use. (Home occupations are not considered to be a nonresidential use and, therefore, are not allowed to erect these signs.) Uses that may erect these signs may have either (not both) a freestanding or flush-mounted sign. In addition, where the use abuts two or more thoroughfares, one additional sign (either freestanding  or flush-mounted) is permitted, so long as no more than one sign is oriented to serve each street. The maximum sign area for each freestanding sign shall be 40 square feet; the maximum size for each flush-mounted sign shall be one square foot of sign area per horizontal linear footage of the side of the building on which the sign is to be located. For those locations that had an existing freestanding or flush-mounted sign as of the date of adoption of this amendment, they may erect one additional sign (either freestanding or flush-mounted) that is oriented to serve the same street as the original sign, so long as the combined area of the two signs does not exceed the maximum sign area that would be allowed (as listed above) if only one sign were erected. (For nonresidential signs to be located in zoning districts other than those listed above, see section 18-140.)

(Code 2002, § 18-137; Ord. of 1-5-1993, art. VI, § 2; Ord. No. 2002-04, § (A), 4-2-2002; Ord. No. 2003-05, §§ A), B), 10-29-2003; Ord. No. 2004-03, §§ B), C), 6-1-2004; Ord. No. 2006-01, § F), 8-8-2006)

Sec. 18-138. - Signs not requiring a sign permit from the zoning administrator.

The following signs do not require a sign permit, so long as they comply with the applicable requirements of section 18-137, as well as the additional requirements below:

(1)Identification signs. Signs not exceeding three square feet in area and bearing only property numbers, post office box, number of occupants of premises or other identification of premises shall not require a certificate of zoning compliance from the zoning administrator.

(2)Certain temporary/portable signs. Subject to the requirements below:

a. Political signs. Such political signs do not require a sign permit from the zoning administrator, so long as they are not illuminated, and they do not exceed a total area of 20 square feet on a residential lot or 32 square feet on a nonresidential lot. Signs associated with an election shall be removed within seven days after the election.

b. Real estate signs. One temporary real estate sign and one temporary directional sign not exceeding eight square feet in area may be placed on a property that is for sale, lease, rent or barter. When the property on which the sign is placed fronts on more than one street, one sign shall be allowed on each street frontage. Such signs shall not be illuminated or reflectorized and shall be removed within 15 days after sale of the property.

c. Construction signs. Temporary construction signs may be erected on the site during the period of construction or reconstruction to announce the name of the owner and/or developer, contractor, subcontractor, architect, land planner, landscape architect, engineer, and the name of the business under construction ("coming soon"). Any such signs shall not be illuminated or reflectorized. Such signs shall be removed within 15 days after the construction work has been completed. The total area of construction signs on a site shall be as follows:

1. In residential zones, eight square feet for single- and two-family development and 40 square feet for other permitted uses (such as multifamily development and churches).

2. In all other zones, 72 square feet, so long as any single sign does not exceed 40 square feet.

d. Other single- and two-family residential signs. Such signs may be placed on a single- or two-family residential lot for estate and court sale, court and auction, and yard sales, so long as the total area of such signs does not exceed 20 square feet and the signs shall be removed within seven days after the event.

(3) Directional or informational signs. A certificate of zoning compliance shall not be required for directional or informational signs of a public or quasi-public nature not exceeding 15 square feet in area. Such signs shall be used only for the purpose of stating or calling attention to the following:

a. The name or location of a city, town, village, hospital, community center, public or private school, church or other place of worship;

b. The name or place of meeting of an official or civic body as the Chamber of Commerce, Rotary, Lions or Kiwanis Club;

c. An event of public interest such as a local or county fair, pageant, public or general election, horse show, etc.

Permission shall be obtained from the zoning administrator to mount, erect or maintain over a public street or right-of-way any sign announcing events of public interest such as those listed in subsection (3)c of this section or any banner or decoration such as but not limited to Christmas decorations.

(4) Incidental signs. The following incidental signs as described are allowed:

a. In any zone in which agricultural uses are permitted one incidental sign advertising the sale of farm products, provided the products offered for sale are grown and produced on the premises and the sign area shall not exceed 24 square feet. Such sign may be freestanding if section 18-137 is observed; however, such sign shall not be required to be set back more than 15 feet. Illumination of such signs shall be nonflashing.

b. One identification sign shall be allowed for each multiple-dwelling unit in a zone permitting multiple-dwelling units, provided that it does not exceed 16 square feet in area, and does not contain more than the following information:

1. Name and address of apartment.

2. Type of units available.

3. Name and address of agent.

4. Telephone number.

Such sign may either be attached flat against the wall of the structure or may be freestanding; if freestanding, the sign shall be set back a minimum of 15 feet from the street right-of-way and shall be no more than seven feet in height above the ground.

c. One incidental professional announcement sign.

1. In residential districts, such signs shall not exceed three square feet in area, shall be flat mounted against the building and shall not be illuminated.

2. In districts other than residential districts, such signs shall not exceed four square feet in area and may be freestanding; if freestanding, the sign shall be set back a minimum of 15 feet from the street right-of-way and shall be no more than six feet in height above the ground.

d. In the R-10, R-6M, R-6 and MF districts, an incidental sign may be installed for a tourist home and bed and breakfast establishment provided it is on the same premises as the tourist home and is limited to four square feet in area. Illumination of such sign shall conform with section 18-137 and shall be nonflashing. Such sign may be freestanding, provided that it shall be located a minimum of one-third the principal building setback from the street right-of-way. All other setbacks shall be observed.

e. Subdivision development signs, not over 60 square feet in area which direct attention to the opening of a new subdivision, may be erected on the site of such new subdivision. All such signs must meet the setback regulations of the district in which located. No illumination will be permitted. Such sign shall be removed when 70 percent of the subdivision is sold.

(5) Ballfield or stadium advertising signs. Advertising signs may be erected within a ballfield or stadium, provided the following conditions are met:

a. Advertising signs may be no larger than four feet by eight feet per sign face and have only one sign face.

b. Signs must be facing the interior of the field.

c. Signs may be erected for no longer than a six-month period.

d. Signs may not exceed seven feet in height in residential zones and 12 feet in height in commercial and industrial zones.

(Code 2002, § 18-138; Ord. of 1-5-1993, art. VI, § 3; Ord. No. 2003-05, § C), 10-29-2003; Ord. No. 2004-03, § D), 6-1-2004; Ord. No. 2004-04, 7-6-2004)

Sec. 18-139. - Off-premises commercial signs.

Off-premises commercial signs are not permitted except: Multitenant. In a B-1 zoning district, at the primary entrance of a multitenant development, one off-site freestanding sign may represent all businesses on individual parcels within this shopping center on which all parcels or storefronts are allowed one placard not to exceed 20 square feet. The name of the multitenant development may be added but is also not to exceed 20 square feet. The total area of the sign shall not exceed 200 square feet including the shopping center name. These signs must not exceed 30 feet in height, and all interior freestanding signs shall be separated from this sign by no less than 150 feet.

(Code 2002, § 18-139; Ord. of 1-5-1993, art. VI, § 4; Ord. No. 2006-05, § A), 9-7-2006)

Business identification signs shall be permitted only in O-I, B-1, B-2 and I-1 districts, and shall be subject to the limitations in the table of business sign requirements.

Table of Business Sign Requirements

Note 1:  Regardless of the regulations in this table of business sign requirements, no sign shall be erected that obstructs the line of sight of motorist at intersections or along a public right-of-way.

Note 2:  For office complexes in which more than one establishment is located on a lot or in a building, one freestanding sign is allowed per lot or building (whichever is less) and one flat-mounted sign is allowed per establishment. For those lots and complexes that front on more than one thoroughfare street, the total number of freestanding signs allowed will be equal to the number of adjacent thoroughfares, and no more than one freestanding sign may serve each thoroughfare. (Thoroughfare streets shall be those indicated in the current NCDOT thoroughfare plan of the town.) A minimum 20-foot separation shall be maintained between freestanding signs, unless the zoning administrator determines that conditions at the site necessitate the signs being closer than 20 feet together.

Note 3:  In the B-1 Zoning District with frontage on West Nashville Drive, Evans Drive, and East Evans Drive-Nash Crossing that one freestanding extended height sign be allowed in lieu of the standard 12-foot sign as prescribed by the ordinance. This sign shall not exceed 30 feet in height and shall follow all other guidelines set forth in this by the ordinance for this district.
(Code 2002, § 18-140; Ord. No. 2002-04, § B), 4-2-2002; Ord. of 8-4-2015(2))