§ 5.14. Signs.

5.14.1. Intent.

It is the intent of this section to authorize the use of signs with regard to size, layout, style, typography, legibility, and arrangements compatible with their surroundings; appropriate to the identity of individual properties, occupants, and/or the community; and as appropriate to traffic safety.

5.14.2. Applicability.

(a)

No sign visible from the public right-of-way, whether exterior to or interior to a structure, shall be erected, displayed, or substantially altered (unless specifically exempted) except in accord with the provisions of this Land Use Management Ordinance and until a zoning compliance permit has been issued for the sign.

(b)

Except where expressly exempted in this Section, all signs must be located on the same lot as the permitted use and be clearly incidental, customary and commonly associated with the operation of the permitted use.

5.14.3. Signs in the Right-of-Way.

(a)

Signs must not encroach into the public right-of way unless expressly exempted in this Section.

(b)

Wall signs, awning signs, canopy signs, projecting signs, crown signs and shingle signs may encroach over the public sidewalk but must not encroach on or over any streets or alleys. All signs must be a minimum of 24 inches inside the curb line or edge of pavement, whichever is greater.

5.14.4. Signs Exempt from Regulation.

The following signs are exempt from regulation and permit requirements under this Section, provided that signs comply with the provision of this section and are not illuminated.

(a)

Signs bearing only property identification numbers and names, post office box numbers, names of occupants of the premises on which the signs are located, or other identification of premises not of a commercial nature, provided the signs are not illuminated and do not exceed 2 signs per zoning lot and 2 square feet in area per display surface.

(b)

Flags and insignia of a government, when not displayed in connection with a commercial promotion.

(c)

Legal notices, identification and informational signs, and traffic directional or regulatory signs erected by or on behalf of a governmental body.

(d)

Memorial signs, plaques or tablets, and names and construction dates of buildings when cut into any masonry surface.

(e)

Signs directing and guiding traffic and parking on private property on which the signs are located, provided such signs are not illuminated, bear no advertising, and do not exceed 4 square feet in area per display surface.

(f)

Real estate signs advertising the sale, rental, or lease of the premises, provided that, in addition to complying with the support and sign height standards for a cantilevered ground sign, such signs:

(1)

Do not exceed 1 sign per street frontage and 4 square feet in area per display surface for property zoned residential; and

(2)

Do not exceed 1 sign per street frontage and 16 square feet per display surface for property zoned non-residential or located within an approved planned development.

(g)

Residential property management sign permanently fixed to the building facade, including contact information, building address and/or building name, provided that the signs:

(1)

Do not exceed 1 sign per building facade and 4 square feet in area per display surface, and are attached to a residential structure with 7 or less dwelling units.

(h)

Construction site identification signs whose message is limited to project name, identification of architects, engineers, contractors and other individuals or firms involved with the construction, the name of the building, the intended purpose of the building and the expected completion date. Construction site identification signs may not exceed 4 square feet in area per display surface and 6 feet in height for single-family or duplex construction; and 32 square feet in area per display surface and 8 feet in height for multifamily or non-residential construction.

The signs must be non-illuminated. Construction site identification signs must not exceed 1 sign per construction site, must not be erected prior to the issuance of a building permit, and must be removed within 7 days of issuance of a certificate of occupancy.

(i)

Fence wrap signs when affixed to perimeter fencing at a construction site. Such signs must be removed at the time a Certificate of Occupancy is issued for the final portion of any construction at that site or 24 months from the time the fence wrap was installed, whichever is shorter. No fence wrap affixed pursuant to this exemption may display any advertising other than advertising sponsored by a person directly involved in the construction project and for which monetary compensation for the advertisement is not paid or required.

(j)

Temporary political signs advertising candidates or election issues, provided such signs do not exceed 4 square feet in area per display surface, and provided that any such signs, on private property, are removed within 10 days after the primary or election day; and provided further that any such signs in the public right-of-way are not erected prior to 30 days before the beginning date of "one-stop" early voting under G.S. 163-227.2 and ending on the 10th day after the primary or election day. The NC Department of Transportation may remove any signs erected without authority or allowed to remain beyond the dealine established in this paragraph. Signs in the right-of-way must be placed in compliance with the following:

(1)

The sign permittee must obtain the permission of any property owner of a residence, business, or religious institution fronting the right-of-way where a sign would be erected.

(2)

No sign is permitted in the right-of-way of a fully controlled access highway.

(3)

No sign may obscure motorist visibility at an intersection.

(4)

No sign may be higher than 42 inches above the edge of the pavement of the road.

(5)

No sign may be larger than 18 inches by 24 inches.

(6)

No sign may obscure or replace another sign.

(k)

Yard or garage sale signs announcing yard or garage sales, provided the signs do not exceed one sign per site of the sale and 4 square feet in area per display surface, and are removed within 7 days of posting.

(l)

Public event announcements by public or nonprofit organizations of special events or activities of interest to the general public, provided such signs do not exceed 1 sign per site of such events or activities and 12 square feet in area per display surface, and are removed within 14 days of posting.

(m)

Temporary signs, provided such signs are on the property in which the business is located, do not exceed a total of 32 square feet of display area per business. Temporary signs include, wall signs or free standing signs, including feather signs, not permanently attached to the ground. Signs not attached to the building may not exceed 8 feet in height. Unless exempt otherwise, signs regulated in Section 5.14.5. are prohibited as temporary signs.

(n)

A sign held by or attached to a human, located in front of the business, during business hours, for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service or product. This may also include a person dressed in costume for the purpose of advertising or drawing attention to an individual, business, commodity, service or product.

(o)

Signs on registered, licensed vehicles that are parked in a manner that serves the purpose of advertising a business, is generally located in front of the business, and is parked in a standard size parking space.

(p)

Information kiosks or bulletin boards erected by or on behalf of a governmental body on public property or rights-of-way in the Town Center Districts for the display of handbills or posters of community interest, provided such kiosks or bulletin boards contain no more than 6 square feet in area per sign display surface, and a maximum of 72 square feet per kiosk or bulletin board.

(q)

Signs stating that a business (other than a home occupation) is open, provided that there is no more than one such sign per business establishment, any illumination is steady (does not blink or flash), and the sign does not exceed 2 square feet in display area.

(r)

Non-commercial signs not covered by other exemptions listed in this section, provided such signs are located on private property and are non-illuminated.

5.14.5. Prohibited Signs.

The following signs are prohibited except where they are exempt from regulation in 5.14.4 above.

(a)

Moving signs. Animated, rotating, or other moving or apparently moving signs, including vehicular billboards.

(b)

Wind signs. Devices consisting of banners, streamers, pennants, wind-blown propellers, balloons, inflatable devices, strung light bulbs and similar installations, unless approved by the Town Manager for non-commercial, non-profit enterprises. A feather sign not complying with Section 5.14.4.M. Temporary Sign standards is considered a prohibited sign.

(c)

Digital changeable copy. Digital changeable copy that scrolls, blinks, or flashes, including but not limited to LCD, LED and any similar technology, except as used to display time and temperature or gas price.

(d)

Signs that are not permanent. Any sign that is not permanently affixed to the ground or a structure (except sidewalk signs), including but not limited to trailer signs. Any sign that does not comply with Section 5.14.4.M. Temporary Signs standards is considered a prohibited sign.

(e)

Traffic safety precautions. Notwithstanding any other provision in this Land Use Management Ordinance, the following restrictions shall apply to signs in order to preserve the safety of pedestrian, bicycle, and vehicular movement:

(1)

No sign may make use of the words "STOP", "SLOW", "CAUTION", "DANGER", or any other word, phrase, symbol or character in such manner as is reasonably likely to be confused with traffic directional and regulatory signs.

(2)

Except as used to display time and temperature, no sign may contain flashing lights.

(3)

No sign, or part of a sign, may be located within a sight distance area established below.

(4)

No sign may be erected so that by its location, color, nature or message is likely to be confused with or obstruct the view of traffic signals or signs, or is likely to be confused with the warning lights of an emergency or public safety vehicle.

5.14.6 General Standards.

(a)

Subject matter related to premises. The subject matter of any sign must be related to the premises on which the sign is located, except where specifically exempted by this Land Use Management Ordinance.

(b)

Non-commercial message. Whenever the ordinance permits a commercial sign, a non-commercial message may be substituted for the commercial message. The right to substitute the non-commercial message does not waive any other requirement imposed by this Land Use Management Ordinance as to the number, size, type, construction, location, lighting, safety or other regulated attribute.

(c)

Cessation or vacation of use. When the use or establishment to which a sign is related ceases or is vacated, any sign, including all of its supports, frames and hardware, must be removed within 4 months of the cessation or vacating of the use or establishment unless the sign is used by a new use or establishment on the premises in conformance with all current regulations of this Land Use Management Ordinance.

(d)

No signs in public right-of-way. All signs, including the supports, frames, and embellishments, shall not be located within any public right-of-way (except where specifically exempted by this Land Use Management Ordinance). No sign may be attached, affixed, or painted on any utility pole, light fixture, telephone or telegraph pole, any tree, rock or other natural object.

(e)

Unified sign plan.

(1)

Where a zoning lot contains more than 3 principal uses or establishments, the provisions of this Section apply to the zoning lot as a whole, and the owners of the zoning lot are responsible for allocating permitted signs and display surface area among the individual uses or establishments.

(2)

A unified sign plan is an overall plan for placement and design of multiple signs for a building or group of buildings on a zoning lot.

(3)

The unified sign plan submitted for a zoning lot must show all signs located or proposed on the zoning lot.

(4)

The unified sign plan must display harmony and consistency with regard to number and size of signs, placement of signs, materials and color, size and style of lettering, and type of sign illumination.

(5)

Unified Sign Plans are not required in Town-Center or Mixed-Use Village Zoning Districts or in mixed-use developments encumbered by a Master Land Use Plan.

(f)

Address on ground signs. The street address number must be included on all ground signs. Numerals must be at least 9" in height. The area of the address is not included in any calculation of total sign area.

(g)

Historic designation. Any sign in place prior to January, 2003, that does not comply with the standards of this Section for size, location, height or sign type is considered a nonconforming sign that is permitted to be continued, be maintained, repaired, or replaced if damaged or destroyed.

5.14.7. Permitted Signs	RT, R-, MH, PD-H	TC-, C, NC, OI-, MU-V, I	PD-SC PD- OI, PD-MU, PD-I	Mixed Use OI-1, Mixed Use R-1	WR-Subdistricts		WX-Subdistricts		Sign Area Allocation (max)
					Type A Frontage	Type B, C Frontage	Type A Frontage	Type B, C Frontage
Building Signs
	P*	P	P	P	—	—	P	P	Maximum 5% of the building facade up to and including the fourth floor, for all of these sign types combined. No individual sign shall exceed 250 sq. ft. in area
	P*	P	P	P	—	—	P	P
	P*	P	P	P	—	—	P	P
	P*	P	P	P	—	—	P	P
	P*	P	P	P	P*	P*	P	P	Based on sign area
	—	P	P	P	—	—	P	P	Maximum 2.5% of the building facade (in addition to other building signs)
Ground Signs
	P*	P	—	—	P	P	P	P	Based on sign area
	P*	P	—	—	—	P*	P	P
	P**	P	P	P	—	P*	—	P
	P	—	P	P	—	—	—	—

 

KEY: P = Sign type permitted  P* = For allowed nonresidential uses only

 P** = For residential identification sign only  — = Not Permitted

(h)

Wall sign.

Description

A wall sign is a sign attached to or painted on a wall or building, with the exposed display surface of the sign in a plane parallel to the plane of the wall to which it is attached or painted, and including signs affixed to or otherwise displayed on or through a facade window.

Standards

1. Rooftop signs are allowed on single story buildings only. May be mounted on the roof of a building with a flat roof, where no parapet walls are present, or up to the mid-line on a pitched roof. May not be longer than 50% of the building facade width, with a maximum 20 inch height of text and graphics; display area size limited by 5.14.7. allocation. If internally illuminated, forward facing light is allowed; back spillage of light is prohibited.
2. No portion of a wall sign may extend above the roof line or above a parapet wall of a building with a flat roof. No portion may extend above the lower eave line of a building with a pitched roof. The sign must not cover windows or architectural details.
3. Wall sign area includes signs visible from the outside that are located inside the building within 5 feet of the window.
4. For a cinema or theater, may be constructed as a marquee that extends less than 10 feet from the building and is at least 10 feet above the sidewalk (or finished grade where there is no sidewalk).
5. May be externally or internally illuminated in accordance with Sec. 5.14.11.

 

Dimensions
		RT, R-MH, PD-H	NC, CC, TC-, OI-, MU-V, Ind, WR, WX	PD-SC, PD-OI PD-MU, PD-I	MU OI-1, MU R-1
Ⓐ	Display surface, building identification (max)	16 SF	limited by 5.14.7	40 SF	limited by 5.14.7
Ⓑ	Display surface, each establishment (max)	—	—	15 SF	limited by 5.14.7
Ⓒ	Projection from building facade (max)	12"	12"	12"	12"
Ⓓ	Raceway (max % of letter height)	35%	35%	35%	35%
Ⓔ	Height (max)	54'	54'	54'	54'
Ⓕ	% of each window area (max)	15%	15%	15%	15%
Number of Signs
1. In the RT, R-, MH and PD-H Districts, maximum 1 wall sign per street frontage.
2.In all other districts, maximum of 3 wall signs per individual establishment per street frontage. Window signage shall not be counted towards the maximum number of wall signs.

 

(i)

Awning Sign.

Description

A sign where graphics or symbols are painted, sewn, or otherwise adhered to the awning material as an integrated part of the awning itself.

Standards

1. Sign must not extend outside the awning.
2. Signs are permitted on the sloping face of the awning.
3. Not allowed above the ground story.
4. May only be externally illuminated in accordance with Sec. 5.14.11.

 

Dimensions
Ⓐ	Display surface (max)	Limited by 5.14.7
Ⓑ	Width (max % of awning width/depth)	75%
Ⓒ	Height of message (max. on front or side; no limit on height on sloping valance)	12"
Ⓓ	Clear height above sidewalk (min)	10'
Number of Signs
1. A maximum of 1 sign per front, side, or sloping valance.
2. Awning sign may be on either: a) the front, side; or b) sloping valance.

 

(j)

Canopy Sign.

Description

A sign placed at the front edge of a canopy so that the display surface is parallel to the plane of the front building facade or parallel to the plane of the canopy.

Standards

1. Must not extend outside the overall length or width of the canopy, however, may extend above or below the canopy, provided the clear height is met.
2. Raceways are permitted for signs extending below or above the canopy. Otherwise, raceways are not permitted and the sign must be flush with the canopy face.
3. May be externally or internally illuminated in accordance with Sec. 5.14.11.

 

Dimensions
Ⓐ	Width (max % of canopy width)	75%
Ⓑ	Height of text and graphics (max)	2'
Ⓒ	Depth (max)	1'
Ⓓ	Raceway (max % of letter height)	35%
Ⓔ	Clear height above sidewalk, canopy and sign (min)	10'
Number of Signs
1. A maximum of 1 sign is permitted per canopy.

 

(k)

Projecting Sign.

Description

A sign applied to or mounted to the wall or surface of a building or structure, with a display surface that projects 12 inches or more from the outside wall of the building or structure.

Standards

1. May be erected on a building corner when the building corner adjoins the intersection of two streets. Allocation allowed per section 5.14.7, of sign area from both frontages may be used for a corner projecting sign, provided it does not exceed the allowed height and width.
2. No portion may extend above the roof line or above a parapet wall of a building with a flat roof. No portion may extend above the lower eave line of a building with a pitched roof.
3. On buildings 5+ stories, the projecting sign must be located below the window sills of the 5th story.
4. May be externally or internally illuminated in accordance with Sec. 5.14.11.

 

Dimensions
Ⓐ	Height (max)
	Mounted below 2nd floor	4'
	Mounted between 2nd and 3rd floor	8'
	Mounted between 3rd and 4th floor	12'
	Mounted between 4th and 5th floor	16'
Ⓑ	Distance from building facade (max)	2'
Ⓒ	Projection width (max)	4'
Ⓓ	Depth (max)	12"
Ⓔ	Clear height above sidewalk (min)	10'
Number of Signs
1. Maximum 1 projecting sign per individual establishment per street frontage. 2. Must be located at least 25 feet from any other projecting sign or shingle sign. 3. Not allowed on a zoning lot with a commercial center or ground sign, unless signs are located on different street frontages.

 

(l)

Shingle Sign.

Description

A small projecting sign that hangs from a bracket or support and is located over or near a building entrance.

Standards

1. Must be located within 5 feet of an accessible building entrance.
2. Hanging bracket must be an integral part of design.
3. Must be located below the window sills of the 2nd story on a multi-story building or below the roof line on a 1-story building.
4. May be externally or internally illuminated in accordance with Sec. 5.14.11.

 

Dimensions
Ⓐ	Display surface (max)	9 SF
Ⓑ	Height (max)	3'
Ⓒ	Spacing from building facade (min/max)	6"/12"
Ⓓ	Projection width (max)	3'
Ⓔ	Depth (max)	6"
Ⓕ	Clear height above sidewalk (min)	10'
Number of Signs
1. Maximum of 1 shingle sign or projecting sign per individual establishment per street frontage. 2. A shingle sign must be located at least 25 feet from any other shingle sign or projecting sign.

 

(m)

Crown Sign.

Description

A wall sign extending not more than 3 feet from the building facade located on the upper horizontal band of a building at least 55 feet and 4 stories in height.

Standards

1. Only permitted on buildings at least 55 feet and 4 stories in height.
2. Must not be placed below the start of highest floor or extend above the roof line.
3. Must not cover windows or architectural details.
4. May only be internally illuminated in accordance with Sec. 5.14.11.

 

Dimensions
Ⓐ	Display surface (max)	250 SF
Ⓑ	Height (max)	8'
Ⓒ	Projection - measured from building facade (max)	3'
Ⓓ	Width (max % of facade width)	75%
Ⓔ	Raceway (max % of letter height)	25%
Number of Signs
1. No more than 1 sign per building facade and no more than 2 signs per building. 2. No more than 1 tenant or building may be identified on the sign per building facade.

 

(n)

Development Identification Sign.

Description

A permanently affixed sign which is wholly independent of a building for support attached along its entire width to a continuous pedestal that is used to identify entry to a development.

General Provisions

1. Signs taller than 6 feet must be set back at least 10 feet from the front property line and 15 feet from a side property line.
2. Must not conflict with any clear sight triangle.
3. Must be constructed of brick, stone, wood, metal or glass.
4. May contain the name and logo of the development and one anchor tenant.
5. May be externally or internally illuminated in accordance with Sec. 5.14.11.

 

 

Dimensions
		RT, R-, MH, PD-H	PD-SC, PD-OI, PD-MU, PD-I	MU OI-1, MU R-1
Ⓐ	Sign area (max, single side only)	16 SF	20 SF	40 SF
Ⓑ	Sign area (max each, if two sides)	8 SF	—	20 SF
Ⓒ	Sign area (max, for development with a cinema, single side only)	—	—	80 SF
Ⓓ	Height (max)	6'	6'	8'
Number of Signs
1. One development identification sign is allowed per primary entrance in the PD-SC, PD-OI, PD-MU and PD-I Districts. 2. In all other districts, 2 development identification signs are allowed per primary entrance, one on each side.

 

(o)

Commercial Center Sign.

Description

A commercial center sign is a free-standing sign attached to a contiguous structural base or planter box permanently affixed to the ground. Commercial center signs do not include free-standing signs supported by poles.

Standards

1. Allowed for commercial centers, defined as a center with a minimum of 4 retail business tenants and 8,000 SF of retail business floor area.
2. The Commercial Center must have 100 feet of street frontage minimum. Street frontage for a zoning lot includes frontage on streets that are part of an approved master land use plan or special use permit and have speed limits of 35 mph or greater.
3. Sign must be located at least 250 feet from any other Commercial Center Ground Sign.
4. Minimum 9" letter height for all text.
5. The display surface area of the sign must be divided into individual tenant name panels. The panels within the display area may be of 2 different sizes and must be of a similar shape.
6. May be externally or internally illuminated in accordance with Sec. 5.14.11. Illumination of the sign is not permitted during non-business hours.

Dimensional Deviations

1. A dimensional deviation of 12 inches or less may be applied to the Commercial Center Sign dimensional standards, provided the resulting sign does not exceed the maximum height and maximum display area standards.
2. For signs located at the edge of the right-of-way, the overall height of the base of a sign located along a roadway with a speed limit of 45 mph may be increased by 1 inch for every 2 feet the sign is set back from the edge of the closest travel lane. The overall height of the sign may not be increased beyond the maximum height limit by more than 3 feet.

 

Dimensions
		NC, CC, OI-1, OI-2, MU-V, MU OI-1, MU R-1, PD-MU, WR, WX
		Street up to 35 MPH	Street 35 MPH +
Ⓐ	Sign structure plus display surface (max)	120 SF	144 SF
Ⓑ	Display surface only (max)	50 SF	72 SF
Ⓒ	Height (max)	12'	14'
Ⓓ	Width (max)	10'	10'
Ⓔ	Thickness (max)	12"	12"
Number of Signs
1. Maximum 1 commercial center sign per street frontage per Commercial Center. 2. Existing ground signs for a business in an independent structure in a commercial center that comply with the ground sign regulations prior to April 25, 2011, may remain in addition to any approved commercial center ground signs. These signs are not considered nonconforming and may be changed as permitted signs.

 

(p)

Ground Sign.

Description

A ground sign is a free-standing sign attached to a contiguous structural base or planter box the same width or greater than the message portion of the sign, permanently affixed to the ground. Ground signs do not include free-standing signs supported by poles.

Standards

1. The commercial developments must have a minimum 100 feet of street frontage to qualify for a ground sign (for smaller lots, see Cantilevered Ground Sign). Lot must be accessible by automobile and contain off-street parking for the principal use.
2. Buildings housing principal uses must be located at least 20 feet back from abutting right-of-way.
3. Sign must be set back at least 10 feet from the front property line and 15 feet from a side property line.
4. Sign must be located at least 150 feet from any other Ground Sign.
5. Minimum 9" letter height for all text.
6. May be externally or internally illuminated in accordance with Sec. 5.14.11.

 

Dimensions
	RT, R-, MH, PD-H		TC-	All Other Districts
Ⓐ	Display surface (max)*	16 SF	8 SF	15 to 30 SF**
Ⓑ	Height (max)	6'	8'	8'
Ⓒ	Width (max)	10'	10'	10'
Ⓓ	Thickness (max)	12"	12"	12"
* Area associated with the text of a building name or address is exempt from maximum display surface calculation. * Display surface max. is per display area.
** In all districts, except the TC district, and Type A, B Frontages, for any building or lot with more than 3 tenants, the display area may be increased from a maximum of 16 sq. ft., by 5 sq. ft. increments. An additional tenant name must be displayed for each added 5 sq. ft. increment. Maximum display area shall not exceed 30 sq. ft.
Number of Signs
1. In the RT, R-, MH and PD-H Districts, maximum 1 ground sign per lot. 2. In all other districts, maximum 1 ground sign per street frontage. 3. No ground sign is permitted on the same zoning lot with a projecting sign, unless signs are located on different street frontages.

 

(q)

Cantilevered Ground Sign.

Description

A permanently affixed sign which is wholly independent of a building for support where the primary support is supplied by a post and the sign hangs from a bracket or support.

Standards

1. No minimum street frontage required.
2. Buildings housing principal uses must be located at least 20 feet back from abutting right-of-way.
3. Must be set back at least 5 feet from the front lot line and 5 feet from a side lot line.
4. Hanging bracket must be an integral part of design.
5. Sign must be located at least 25 feet from any other ground sign.
6. May be externally or internally illuminated in accordance with Sec. 5.14.11.

 

Dimensions
Ⓐ	Display surface (max)	9 SF
Ⓑ	Support height (max)	10'
Ⓒ	Sign height (max)	6'
Ⓓ	Display surface height, width (max)	3'
Number of Signs
1. 1 cantilevered ground sign per street frontage. 2. No cantilevered ground sign permitted on same zoning lot as a projecting sign.

 

5.14.8. Specialty Sign Types.

(a)

Sidewalk Sign. A sidewalk sign is a movable sign not secured or attached to the ground or surface upon which it is located. This sign type is typically an A-frame or spring-mounted sign.

(1)

A sidewalk sign is permitted in the R-4, R-5, OI, NC, CC, TC and MU districts

(2)

Except in the Town Center and Ephesus-Fordham districts, sidewalk sign is permitted only along roadways with a posted speed limit of 35 MPH or less.

(3)

A sidewalk sign must be no more than 42" tall and 36" wide. The sign face must be no more than 6 square feet in area.

(4)

There may be no more than 1 sidewalk sign per tenant, generally located adjacent to the primary facade in front of the business.

(5)

A sidewalk sign must be located outside the public right-of-way, except in the Town Center, where sidewalk signs may be placed within the right-of-way in accordance with Chapter 16 of the Town Code. The sign must not obstruct vehicular, bicycle or pedestrian traffic, and must comply with ADA clearance and accessibility.

(6)

The sign must be removed and placed indoors at the close of each business day.

(7)

No illumination is permitted.

(b)

Parking Lot Identification Banners.

(1)

Non-illuminated parking lot identification banners may be hung from private street lights in all non-residential districts for no more than 90 days with the approval of the Town Manager.

(2)

Each parking lot identification banner must not exceed 4 square feet in display area, and must be limited to the name of the building or development.

(3)

One or two banners may be approved for display from each street light.

(4)

The colors, shape, materials, appearance and duration of display for such banners must be approved by the Town Manager.

(c)

Gas Stations.

(1)

Pumps. Signs located on the top of gas pumps (pump toppers) must comply with the following standards:

A.

Gas stations may install one pump topper per pump.

B.

Pump toppers are limited to a maximum of 6 square feet per side and no more than 2 sides per pump.

C.

The base of the pump must be a neutral color, and must not contain any signage.

D.

No internal illumination of the pump or pump topper is allowed.

(2)

Canopies. Gas station canopy signs must comply with the following standards:

A.

The sign must be an integral component of the pump canopy (composed of lettering mounted, painted or otherwise affixed to the pump canopy, and not located on the top or bottom of the canopy).

B.

The features, materials, colors and designs used in the pump canopy must be similar to the principal structure. Such features are considered similar where the materials and colors of the canopy are the same as the predominant materials and colors of the principal structure.

C.

Each canopy sign may not exceed 4 square feet of display area. The maximum letter height or trademark height must not exceed 18 inches.

D.

Additional canopy sign area may be permitted by transferring building sign display area. If building sign display area is transferred, one canopy sign is permitted on each side of a canopy, up to a maximum of three sides.

E.

The canopy must not encroach upon any publicly dedicated rights-of-way.

F.

The message must be limited to the name or registered trademark of the establishment located on the zoning lot.

G.

No internal canopy illumination is permitted.

(3)

Digital Gas Price Display. Gas prices may be displayed as digital (electronic) changeable copy).

5.14.9. Sign Measurements.

(a)

Computation of Sign Area. The area of all signs is determined as follows:

(1)

For wall signs, awning signs, canopy signs and crown signs consisting of freestanding letters or logos, sign area is calculated as the total area of the rectangle, circle or square that fully encloses all the letters or logo.

(2)

For signs on a background, the entire area of the background is calculated as sign area, including any material or color forming the sign face and the background used to differentiate the sign from the structure on which it is mounted. Display surface includes the face of the structure that the message is affixed to. Display surface does not include any structural members not bearing advertisement.

(3)

The sign area of a three-dimensional sign is calculated as total area of the smallest rectangle, circle or square that fully encloses the largest profile of the three-dimensional sign.

(4)

The area for a sign with more than one face is calculated by adding the area of all sign faces that are 45 degrees or greater; where the sign face angle is less than 45 degrees only the area of the largest sign face is computed as part of the sign area.

(b)

Measurement of Sign Height.

(1)

The total height of a sign is measured from the highest point of the sign or supporting structure to the top of the abutting sidewalk (or the crown of the adjacent roadway where no sidewalk exists).

(c)

Measurement of Sign Height: Commercial Center Sign.

(1)

The height of a Commercial Center Sign is measured from the mean natural grade.

(2)

Mean natural grade is measured along a line parallel to the street frontage for a distance of 100 feet on either side of the base of the sign, and along a line perpendicular to the street starting at the right-of-way for a distance equal to the width of the proposed sign.

(3)

Where the proposed location of the sign is below the natural grade of the adjacent street frontage, the overall height of the base of the sign may be increased by up to 10 feet in order to achieve the maximum permitted height, as measured from the natural grade of the adjacent street frontage.

(4)

Landscaping around the base of a sign must be shown on a landscape plan. The landscaping must buffer and screen that portion of the base of the sign located below the natural grade of the adjacent street frontage.

(5)

The design of the base of the sign must complement the features and frame of the sign.

(6)

In those situations where compliance with Federal Emergency Management Agency (FEMA) floodplain regulations prohibits the installation of a contiguous structural base, the Town Manager may approve an alternate base design. Landscaping and screening must be incorporated into the alternate base design.

(d)

Sign Setback. Signs required to be set back are typically measured from the property line. However, in instances where the property line is adjacent to a drainage area or other right-of-way that may reasonably be anticipated to exist in the future, the Town Manager may allow the sign to be placed at the property line without any setback.

(e)

Sign Maintenance. All signs must be maintained in good condition and present a neat and orderly appearance. Failure by the owner or tenant to remove poorly maintained signs may result in enforcement action by the Town. The Town Manager may cause to be removed (after due notice) any sign which shows gross neglect, becomes dilapidated, or if the ground area around it is not well maintained.

5.14.10. Changeable Copy.

Changeable copy on signs must meet the following requirements.

(a)

Defined. A sign or portion of a sign that has a readerboard for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects (not consisting of an illumination device) that may be changed or re-arranged manually or mechanically without altering the face or the surface of the sign.

(b)

Where Allowed.

(1)

Manual changeable copy signs are limited to the following uses:

A.

Place of worship or school;

B.

Theater with marquee; and

C.

Gas station.

(2)

Manual changeable copy is allowed in conjunction with a permitted commercial center sign, ground sign or marquee wall sign only.

(3)

The manual changeable copy portion of the sign may be no greater than 50% of the total sign area on each display face.

(4)

No electronic or digital changeable copy is allowed, except for digital time and temperature signs and gas price signs at gas stations.

5.14.11. Sign Illumination.

Illumination of signs must be in accordance with the following requirements.

(a)

Prohibited Light Sources. The following light sources are not permitted:

(1)

Blinking, flashing, chasing or scrolling.

(2)

Bare bulb illumination, that exceed 0.3 foot candles at the property line.

(3)

Colored lights used in any manner so as to be confused with or construed as traffic control devices.

(4)

Direct reflected light that creates a hazard to operators of motor vehicles.

(b)

Brightness. The light from any illuminated sign must not be of an intensity or brightness that will interfere with the comfort, convenience and general welfare of residents or occupants of adjacent properties. Brightness must not exceed Town maximum foot-candle standards.

(c)

Internal Illumination.

(1)

Internal illumination is not allowed in the RT, R-, MH and PD-H Districts.

(2)

Channel letters may be internally lit, halo lit or back-lit.

(3)

For internally illuminated signs, the background must be opaque or a substantially darker color than the sign message.

(4)

Light emitting diodes (LED)'s are permitted as a light source only where the LED is behind an acrylic, metal or similar sign face and returns in such a manner that the LED modules are not visible from the exterior of the sign.

(5)

Internal illumination for shingle and cantilever signs is limited to the text, letter or logo. The background may not be internally or externally illuminated.

(6)

The letter or message of internally illuminated signs must consist of non-reflective materials.

(d)

External Illumination.

(1)

Lighting directed toward a sign must be shielded so that it illuminates only the face of the sign and does not shine directly onto public right-of-way or adjacent properties. External lighting of signs in the RT, R-, MH and PD-H Districts is permitted if illumination levels are low and all fixtures are concealed.

(2)

Flood lights or spotlights near the top of a sign must be focused downward onto the sign. Floodlights or spotlights must be aimed such that the entire beam falls within the intended area of the sign to be lit.

(j)

Raceways and Transformers.

(1)

If a raceway is necessary, it must not extend in width or height beyond the area of the sign.

(2)

Raceways must be finished to match the background wall or canopy, or integrated into the overall design of the sign.

(3)

Visible transformers are not permitted.

5.14.12 Definitions.

(a)

Premises: A building together with its immediate and adjacent grounds.

(b)

Sign: Sign: Any device, structure, fixture, painting, or visual image using words, graphics, symbols, numbers, or letters designed and used for the purpose of attracting attention or communicating a readable, comprehensive, legible message. Signs may not contain obscenity as defined in N.C.G.S. Sec. 14-190.1

(c)

Sign, Commercial Message: A sign that conveys a message of a commercial nature including commercial activity, content, commodity, service, entertainment, product, transaction, use, or advertising for any business.

(d)

Sign, Non-Commercial Message: A sign which has no commercial content, but instead involves only the expression of ideals opinions, or beliefs.

(e)

Temporary Sign: A sign with or without a structural frame, not permanently attached to a building, structure, or ground and intended for a limited period of display.

5.14.13 Guidelines for Administrative Adjustment of Signage Regulations.

Intent: The intent of permitting the administrative adjustment of the Sign Ordinance standards is to provide for flexibility that is compatible with the Town of Chapel Hill's character; to acknowledge the artistic creativity of sign makers, business owners, and individuals; to create visual harmony between the sign, structure, and site where the sign is located; and to enhance retail areas consistent with the Chapel Hill 2020 Comprehensive Plan and subsequent small area plans, development agreements, and form-based district codes.

(a)

Adjustment Applications: Adjustment applications shall be made on forms available from the Development Services Center. An application shall consist of a completed application form; any necessary supporting documentation such as plot plans, building elevations, photographs or other information; and an application fee.

(b)

Review: Adjustment applications shall be reviewed by the Director of Planning and Development Services and Development Services Center staff. Applications are available for public review and comment.

(c)

Approval Criteria: The standards in this chapter may be adjusted administratively when the Director of Planning and Development Services determines all the following criteria are met:

(1)

The intent of the Sign Ordinance is better achieved with the administrative adjustment than by other alternatives allowed by this section;

(2)

Sufficient reason is shown for the adjustment in order to address exceptional or extraordinary circumstances or conditions applicable to the property involved (including topographical issues), or intended use of the property, that are not contemplated or provided for by this chapter;

(3)

The modification is compatible with the scale, character, and design of the building in which the use is located;

(4)

The modification is compatible with the scale, character, design and lighting of the adjacent neighborhood or focus area;

(5)

The modification is consistent with the purpose of this chapter and would not adversely affect the neighborhood in which the business is located; and

(6)

The modification is within the standards identified in the table below.

Allowable Administrative Adjustments   (up to the limits set forth in the table for the type of standard). If the modification exceeds these standards, the applicant may seek a variance from the Board of Adjustment
	Standard	Standard Sign Type	Allowable Max. Administrative Adjustment (up to)
a	Distance from building facade	Wall, Projecting, Shingle Crown	10%
b	Sign, height, display, area or dimensions	All	10%
c	Sign display area for building greater than 4 stories	Wall	10%
d	Height above sidewalk	Wall, Awning, Canopy, Projecting, Shingle	5%
e	Raceway - % of letter height	Wall, Canopy, Crown	5%
f	Sign depth	Awning, Canopy, Projecting, Shingle	10%
g	Distance from façade, entrances	Projecting, Shingle	20%
h	Distance between signs	Projecting, Shingle, Ground	20%

 

(Ord. No. 2007-02-26/O-3a, §§ 7, 8; Ord. No. 2007-02-26/O-5, §§ 11—13; Ord. No. 2011-04-25/O-3, §§ 1, 2; Ord. No. 2016-06-27/O-11 , § I; Ord. No. 2016-12-05/O-5 , § I)