Cross reference(s)--Advertising, Ch. 3.

This article is intended to regulate and control signs and their placement throughout the City of Salisbury and its extraterritorial area for the following purposes:

(1) To provide a pleasing overall environmental setting and good community appearance, which is deemed vital to the continued economic attractiveness of the city;

(2) To create a more productive, enterprising, professional business atmosphere;

(3) To allow signs appropriate to the planned character and development of each zoning district;

(4) To ensure that permitted signs do not become a hazard or nuisance;

(5) To promote traffic safety;

(6) To prevent business and advertising signs from conflicting with public safety signs;

(7) To prevent the overcrowding of land;

(8) To facilitate fire and police protection;

(9) To protect and enhance the value of properties; and

(10) To promote the public safety and welfare of the city.

The provisions of this article shall apply to the construction, erection, alteration, use, type, number, location, size, height, and maintenance of all signs.

(Ord. No. 1986-20, § 1, 5-6-86)

The following definitions shall apply to the regulation and control of signs within this article:

(1) Sign: Any form of publicity or advertising which is visible from any public way, directing attention to an individual, business, commodity, service, activity, or product, by means of words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trademarks, or other pictorial matter designed to convey such information and displayed by means of paint, bills, posters, panels, or other devices erected on an open framework, or attached or otherwise applied to stakes, posts, poles, trees, buildings, or other structures or supports.

(2) Advertising sign: Any off-premises, off-site, poster panel, billboard, or non-point-of-sale sign.

(3) Canopy sign: A sign which is suspended from, attached to, supported from, applied to, or forms part of a canopy. Also known as a canopy-suspended sign.

(4) Changeable copy sign: A sign on which message copy is changed manually, or electronically, through the utilization of attachable letters, numbers, symbols, and other similar characters of changeable pictorial panels. A changeable copy sign shall be counted as a sign face.

(5) Conforming sign: A sign which is in compliance with all the provisions of this ordinance.

(6) Construction sign: A single sign giving the name or names of building owners, architects, engineers, and/or lending institutions and principal contractors responsible for construction on the site where the sign is placed, together with other appropriate information included thereon.

(7) Directional sign: A sign containing only the name and address of a facility and information pertaining to the direction of the facility.

(8) Directory sign: A sign listing the names and/or uses, or locations of more than one (1) business, activity, or professional office conducted within a building, group of buildings, or shopping center. Such a sign contains no other identifying/advertising message than that listed above.

(9) Ground sign: A sign supported by a sign structure placed in the ground and which is entirely independent of any building, fence, or object other than the sign structure (which includes uprights, braces, etc.) for support. A ground sign is also known as a freestanding sign or pole sign.

(10) Identification sign: A sign on the premises bearing the name of a subdivision, group housing project, or a school, college, building, park, church, or other public or quasi-public facility, but bearing information pertaining only to the premises on which such sign is located and carrying no advertising message.

(11) Illuminated sign: A sign that is illuminated by electric or other devices, mainly for clear visibility at night.

(a) Direct (or internal) illumination: A light source which is enclosed within the sign and viewed through a translucent panel. Luminous tubing (neon lights) is one kind of direct illumination.

(b) Indirect (or external) illumination: A light source which is placed outside of or away from the sign in a manner to illuminate the sign.

(c) Luminous tubing: A light source formed by glass tubes filled with gas, known as neon lights.

(12) Incidental sign: A sign which carries no advertising message, and is clearly incidental to other major signs on site, and which is used to do one or more of the following:

(a) Direct certain activities to certain areas; e.g., handicapped parking.

(b) Prohibit the parking of unauthorized vehicles.

(c) Provide other incidental information.

(13) Information sign: Any on-premise sign containing no other message, copy, announcement, or decoration other than instruction or direction to the public. Such signs include, but are not limited to, the following: the identification of rest rooms, public telephones, walkways, entrance and exit drives, freight entrances, and traffic direction.

(14) Marquee: A structure which is constructed and framed in steel or other durable material, extended permanently over the ground, sidewalk, or walkway, and of sufficient strength and design to carry superimposed sign structures.

(15) Marquee sign: A business sign affixed, superimposed, or painted on a marquee identifying the name of an establishment, type of product sold, and/or service or entertainment offered on the premises where such sign is displayed.

(16) Menu board: A sign intending to serve customers already on the premises through identification of products or services available. Said sign is not intended to attract attention from off the premises and its contents should not be discernible from a public street.

(17) Monument sign: Any monolithic sign in which the bottom of the sign is flush with the ground.

(18) Nonconforming sign: A sign erected before the effective date of this ordinance which is not in compliance with one or more of the provisions contained herein.

(19) Off-premise sign: Any sign or structure, pictorial or otherwise, regardless of size or shape, which directs attention to a business, commodity, attraction, profession, service, or entertainment conducted, offered, sold, manufactured, existing, or provided at a location other than on the premises where the sign is located or to which it is affixed.

(20) On-premise sign: Any sign or structure, pictorial or otherwise, regardless of size or shape, which directs attention to a business, commodity, attraction, profession, service, or entertainment conducted, offered, sold, manufactured, existing, or provided at a location on the premises where the sign is located or to which it is affixed.

(21) Painted wall sign: A sign, as defined in this section, which is painted on a wall.

(22) Parapet sign: A sign erected, constructed, placed, or maintained on a building's parapet wall.

(23) Portable sign: A sign designed or intended to be relocated from time to time, whether or not it is permanently attached to a building or structure, or is located on the ground. The term includes signs on wheels or on portable structures, such as tent signs, A-frame, or T-shaped signs and similar devices, and airborne signs.

(24) Product sign: Any sign directly attached to a vending machine, gasoline pump, or similar apparatus which directs attention to products dispensed from that vending machine, gasoline pump, or similar apparatus.

(25) Projection sign: A sign, other than a wall sign, which extends outward for more than twelve (12) inches from the facade of any building and is rigidly affixed to the building.

(26) Pylon sign: An interstate, high-rise business sign used to identify an on-premise business for the interstate traveler. Such sign, which is taller and sometimes larger than the average sign, may identify a business by name or identifiable logo.

(27) Real estate sign: A sign located on the premises and offering the premises for sale, rent, lease or development.

(28) Roof sign: A sign erected, constructed, placed, or maintained upon the roof of any building.

(29) Sign face: The part of the sign that is or can be used to identify, advertise, or communicate information, or is used for visual representation which attracts the attention of the public for any purpose. Sign face includes any background material, panel, trim, color, and direct or self-illumination used that differentiates that sign from the building, structure, backdrop, surface, or object upon which or against which it is placed. The sign structure shall not be included as a portion of the sign face provided that no identifying/advertising message, symbol, or any of the aforementioned sign face criteria are displayed on or designed as part of the sign structure, whether structurally necessary or not.

(30) Special event: An activity of a business or organization which is not part of its normal activities. Such an activity shall be limited to a business ``grand opening'' or ``going-out-of-business sale,'' as well as fund-raising membership drives or events of civic, philanthropic, educational, or religious organizations.

(31) Temporary sign: A sign which is permitted for a limited period of time.

(32) Wall sign: A sign erected parallel to and extending not more than twelve (12) inches from the facade of any building to which it is attached, and supported throughout its entire length by the building face. It may not extend above the roof line. This type is also known as a flat sign or flat wall sign.

(Ord. No. 1986-20, § 1, 5-6-86; Ord. No. 1987-24, § 2, 5-5-87; Ord. No. 1989-37, §§ 1--6, 8-1-89; Ord. No. 1993-5, § 1, 1-25-93; Ord. No. 1993-7, § 1, 1-25-93; Ord. No. 1993-14, § 1, 1-25-93; Ord. No. 1993-44, § 1, 6-1-93: Ord. No. 1994-50, § § 2, 3 8-2-94)

The following signs shall be permitted in all districts:

(1) Any sign which contains noncommercial copy, provided such sign does not exceed nine square feet in area, and its maximum height is no more than ten feet above the ground. Provided further that this paragraph 9.03(1) shall only permit one such sign per parcel of real property. Also provided further that noncommercial copy may be substituted for commercial copy on any commercial sign that is permitted by the provisions of Article IX.

(2) Any sign that is required by law.

(3) Decorative flags provided that the following provisions are met:

 

(a) That the number be limited to one decorative flag per business or property.

(b) That the location of the flag be on the first or second story of any building.

(c) That the bottom part of any flag be no less than seven (7) feet above the sidewalk or ground level, unless it is not in a pedestrian walkway.

(d) That the content of the flag not contain names of businesses, services, or products.

(e) That the area of the flag be contained within an area of thirty-six (36) inches by sixty (60) inches.

(f) That all flags be maintained in such a manner as to be free from fading, tearing, or other states of general deterioration or disrepair.

(4) Any sign, including "temporary signs" so designated in this article, shall be illegal without first receiving a zoning permit from the zoning administrator.

(5) Current official flags of the United States of America, State of North Carolina, County of Rowan, and City of Salisbury are permitted by right.  Whenever these flags are used, they should follow the Federal Flag Code whenever possible.  The Federal Flag Code was established by Congress on July 7,1976--Public Law 94-34, 94th Congress, S.J. Res. 49.

(6) 250 Fest Logo Signs: Signs, banners, etc. that pertain to the 250 Fest, the 250th anniversary of the establishment of Rowan County.  Such signs shall be permitted provided:

(a) They shall be approved by the 250 Fest Chair or Vice Chair.

(b) They shall have received a sign permit from the City of Salisbury

(c) They may contain the name of a sponsor, but the name or logo of the sponsor shall be limited to no more than 25 percent of the size of the sign, banner, etc.

(d) They shall be removed or replaced if they become faded, torn, or damaged.

(e) They shall not be allowed to obstruct vehicular sight distance or pedestrian movements.

(f) They shall be allowed from the date of passage of this Ordinance through December 31, 2003.

(Ord. No. 1986-20, § 1, 5-6-86; Ord. No. 1989-38, § 1, 8-1-89; Ord. No. 1993-11, § 1, 1-25-93; Ord. No. 1993-18, § 4, 2-2-93; Ord, No. 1997-65; Ord. No. 1998-91, § 1, 12-1-98; Ord. No. 1998-92, § 1, 12.1-98)

The following signs shall be prohibited:

(1) Signs, lights, and similar devices which imitate official traffic, warning, or governmental signs, lights, and other similar devices. These signs are prohibited because their size, location, movement, content, color, or manner of illumination may be confused or construed as traffic-control signals or other devices sanctioned by a governmental agency.

(2) Signs located in any manner or place which constitute a hazard to traffic, block visibility, or obscure any traffic sign, signal, or device.

(3) Signs or lights reflecting or emitting a glaring light which could impair driver vision.

(4) Signs which are placed on any curb, sidewalk, pole, post, tree, rock, fence, hydrant, bridge, another sign, or other surface located on, over, or across any public street, right-of-way, property, or thoroughfare; provided, that name of occupant and/or street address on mailbox or lamppost are permitted, as are signs on canopies, in the B-5 central business district as provided for in section 9.05(3) and downtown pole displays as described in section 9.05(3), note (6).

(5) Signs that obstruct openings intended as a means of entrance or exit, or signs that obstruct light or air from any room or building.

(6) Painted wall signs, as defined in section 9.02; provided, that those signs painted on a wall prior to 1940 may be restored.

(7) Roof signs which are located in any way above the highest point of the roof or located above any part of the fascia.

(8) Parapet signs.

(9) Portable signs. Also, see section 9.10(4).

(10) Moving signs or devices designed to attract attention, all or any part of which move by fluttering, rotating, spinning, or moving in some other manner, and are set in motion by movement of the atmosphere or by mechanical, electrical, or any other means. Such devices include, but are not limited to, banners, pennants, ribbons, streamers, spinners, propellers, or discs, whether or not any such device has a written message; provided that the following are allowed:

(a) Special events as described in section 9.06(4).

(b) Barber poles at barber shops as described in section  9.06 (15).

Also, see section 9.10 (2) for nonconforming signs previously brought into compliance.

(11) Consecutively strung lights, with the following exceptions:

(a) During the Christmas season for the display of Christmas decorations, including necessary lighting.

(b) As permitted in section 9.05 Signs permitted by districts, which allows consecutively strung lights, with certain provisions, in section 9.05, subsections (2) through (6).

Also see section 9.10 (3).

(12) Flashing signs or devices displaying intermittent lights or lights of changing degrees of intensity--except signs indicating time and/or temperature--with changes alternating on not less than a five-second cycle.

(13) Floodlights as part of a sign illumination system which are not hooded or shielded so that the light source is not visible from any public right-of-way or adjacent property.

(14) Illuminated tubing (that is, neon) or string of lights outlining property lines, open sales areas, doors, windows, or wall edges of any building.

(15) Sign illumination systems which contain or utilize any beacon, spot, search, or stroboscopic light or reflector, which is visible from any public right-of-way or adjacent property, except as may be authorized by public agents.

(16) Signs attached, affixed, or otherwise located on poles, except that the following be allowed:

(a) Incidental signs as defined in section 9.02(12).

(b) Downtown pole displays as expressly permitted in section 9.05(3), note (6).

(Ord. No. 1986-20, § 1, 5-6-86; Ord. No. 1989-39, §§ 1--5, 8-1-89; Ord. No. 1993-12, § 2, 2-2-93; Ord. No. 1993-14, § 2, 1-25-93)

Unless permitted by right as authorized in section 9.03 (Signs permitted by right) or under special provisions as authorized section 9.06 (Special sign provisions), the following signs are permitted only in the zoning districts so indicated on sign tables below.

Applicable to subsections (1) through (7) only:

Signs may be illuminated unless expressly prohibited in subsection (3), and illumination and lighting shall be in accordance with those provisions outlined in section 9.11.

Those uses permitted in these districts (where listed as permitted or conditional uses), which are also permitted in residential (subsection 8) and specialty (subsection 9) districts, shall have the same signing requirements as indicated in subsection (8) or (9), respectively, unless otherwise authorized in section 9.06.

Where ground signs and wall signs are permitted, one (1) of each type shall be permitted.

Where ground signs, wall signs, and projection or canopy signs are permitted, one (1) ground sign and one (1) wall sign shall be permitted; in place of a wall sign, one (1) projection sign or one (1) canopy sign shall be permitted, except as otherwise authorized for canopy signs in section 9.06 (3).

In lieu of a ground sign, one (1) wall sign may be placed on either the side or rear wall of a building up to the maximum sign area permitted in the appropriate district. The cumulative total of such signage shall be no greater than what would be allowed for the ground sign. This provision is in addition to the front of the building for a wall sign, with size as specified in the appropriate zoning district. This provision shall not be applicable to group development.

For wall signs, the maximum size shall be per lineal foot of building wall facing a public street, an alleyway, a pedestrian walkway (e.g., sidewalk), or a parking area--but no side or rear wall sign may exceed one hundred (100) square feet in area.

In districts permitting uses in which a menu board is needed to identify products, services, etc., sold or provided on the premises--including, but not limited to restaurants with or without a pickup window or drive-through window, car washes, banks, etc.--a menu board may be located on the site provided that:

(a) its location is such that it is not intended to attract attention from off the premises, and

(b) its content is not discernible from a public street.

Applicable to subsections (2) through (6) only:

Consecutively strung lights shall be permitted provided that the following provisions are met:

(i) That they do not form any individual letters or numbers.

(ii) That they be displayed inside windows only.

(iii) That they outline windows or displays in the windows.

(iv) That they be white only.

(v) That the maximum voltage of the lights be limited to 3.0 volt lamps.

(vi) That they not blink or flash.

Signs may be painted directly onto a building, in lieu of a wall sign, provided that the message on the painted sign be limited to the name of the business establishment and that its maximum area be the same as for a wall sign.

The regulations, by sign district, shall be as follows:

(1) Industrial zoning districts (M-1, M-2, LLI, LLI-2):

(2) B-6 (general business) zoning district *:

(i) Decorative flags shall be allowed provided that:

--There is no more than one (1) decorative flag per business up to 30 feet of business street frontage.

--There is no more than one (1) decorative flag for every additional 10 feet of business street frontage.

--There are no more than six (6) decorative flags per business or property.

--That the flags be permitted only on the front of buildings.

--That the flags meet the requirements of section 9.03 subsection 3, items b through f.

(j) A projecting sign shall be allowed provided that:

 --It shall be allowed either as the only sign of a business or in addition to other signs. 

--It shall be located on the first floor of the facade.

--It shall be no less than seven (7) feet above the sidewalk, and no more than 15 feet, or below the second floor window sash - whichever is more restrictive.

--It shall project no more than five (5) feet from the building facade or past the sidewalk line - whichever is more restrictive.

--It may be lighted, with external lighting attached to the building, sign, or mounting hardware.

It shall not be plastic, back lit, or internally lit.

(5) B-CS (convenience service business) and B-2 (retail business) zoning districts:

(6) B-7 (limited business) zoning district:

(7) B-1 (office institutional) LOI (limited office institutional) HS (Hospital Services) and MED (Medical Services) zoning districts:

(8) Residential zoning districts: For the purpose of this section, the following shall be considered residential districts:

(Ord. No. 1986-20, § 1, 5-6-86; Ord. No. 1987-24, § 1, 5-5-87; Ord. No. 1987-66, § 1, 10-20-87; Ord. No. 1988-67, § 1, 12-20-88; Ord. No. 1989-40, §§ 1--4, 8-1-89; Ord. No. 1989-62, §§ 1, 2, 11-21-89; Ord. No. 1990-64, § 2, 12-4-90; Ord. No. 1993-6, § 1, 1-25-93; Ord. No. 1993-10, § 1, 1-25-93; Ord. No. 1993-12, § 1, 2-2-93; Ord. No. 1993-16, §§ 1--4, 1-25-93; Ord. No. 1993-17, §§ 1--8, 1-25-93; Ord. No. 1993-18, § 3, 2-2-93; Ord. No. 1993-44, § 2, 6-1-93; Ord. No. 1994-50, § 1, 8-2-94, Ord. No. 1998-18; Ord. No. 1998-28; Ord. No. 1998-66; Ord. No. 1998-91, §§ 2, 3, 12-1-98)

(1A) Commercial group development signs, including signs for shopping centers: The sign regulations below shall be applicable to "shopping centers" as defined in section 4.02 and other commercial group developments, regardless of the regulations of the district in which shopping centers are located, except B-5 (central business) district where the B-5 sign regulations as contained in section 9.05(3) shall be applicable.

(1B) Shopping center signs.

(a). All signs permitted in (1A) commercial group development signs, including signs for shopping centers.

(b). Pole displays in shopping centers shall be permitted as temporary signs provided that the following provisions are met:

(i) That the pole displays be decorative, seasonal, or theme vertical pole banners made of fabric of woven natural or synthetic fibers.

(ii) That individual pole displays be allowed for a maximum period of forty-five (45) days no more than three (3) times per calendar year.

(iii) That there be no advertising message associated with the displays.

(iv) That the pole displays be limited to light poles which are symmetrically arranged and no fewer than seven (7) in number.

(v) That the number be limited to no more than two (2) pole displays per pole and that they be securely fastened by brackets and arms at both top and bottom.

(vi) That the size be limited to no more than twenty-five (25) square feet for each sign.

(vii) That the letter size be limited to no more than fifteen (15) inches for each letter.

(viii) That the height be limited to no more than twenty-five (25) feet above pavement level, and no less than ten (10) feet from the bottom of sign to pavement level.

(ix) That the pole displays no be illuminated.

(1C) Office group development signs. The sign regulations below shall be applicable to office group developments, regardless of the regulations of the district in which office group developments are located, except B-5 (central business) district where the B-5 sign regulations as stated in section 9.05(3) shall be applicable.

(2) Real estate signs. One (1) temporary real estate sign, as ``real estate sign'' is defined in section 9.02, shall be permitted as follows:

(3) Canopy signs. A canopy sign shall relate only to the name and use of the store and premises.

Canopy soffit or ceiling signs shall be so hung beneath a canopy that the copy or display shall be perpendicular to the building wall. All canopy signs not complying with the minimum standards of this ordinance shall be considered nonconforming signs as set forth in section 9.10 (Nonconforming signs).

Signing shall be permitted along the edge of a canopy provided the height of the letters shall not exceed either nine (9) inches or the height of the canopy edge, whichever is less, nor extend in any direction above, beyond or below the canopy edge. (The fringe or drip-flap portion of a canvas awning shall be considered as a canopy edge.) Signing shall be permitted above the edge of the canopy on the protection covering of the canopy provided the signing is within the parallel edges of the protective covering and is an integral part of the protective covering or is applied directly thereto.

(4) Signs for special events.  

(a) For those businesses or organizations outlined in Section 9.02 Definitions, (30) Special events, excluding religious organizations, the zoning administrator may approve a sign for a special event of up to fifteen (15) days in duration, at which time the following moving signs or devices, expressly prohibited in section 9.04(10) may be permitted but only for the duration of the event. Moving signs or devices, all or any part of which move by fluttering, rotating, spinning, or moving in some other manner, and/or set in motion by movement of the atmosphere are permitted only for special events.

(b) For religious organizations as identified in Section 9.02 Definitions, (30) Special events, the zoning administrator may approve a sign for special event of up to 21 days in duration, at which time the following moving signs or devices, expressly prohibited in section 9.04(10) may be permitted but only for the duration of the event.  There shall be at least one week between these signs for special events.  Also, the number of signs shall be limited to two per property, with no sign larger than 32 square feet.  Moving signs or devices, all or any part of which move by fluttering, rotating, spinning, or moving in some other manner, and/or set in motion by movement of the atmosphere are permitted only for special events.

(5) Flags for Special Anniversaries. The zoning administrator may approve banners for special anniversaries provided that all the following provisions are met:

(a) The property is located in the CU College and University district.

(b) The maximum size of any flag shall be 25 square feet.

(c) The flags shall be located exclusively on private property, with no flags on utility poles, telephone poles, or other structures within any public right-of-way.

(d) The special anniversary shall be limited to the celebration of a school's 50th anniversary, or any multiple of 50 (e.g., 100, 150, 200).

(e) The special anniversary shall not exceed one year in duration.

(f) The flags should be constructed of such materials as to withstand the elements.  Should the condition of the flags deteriorate, the Zoning Administrator may cause the flags to be taken down immediately.

(6) Miscellaneous (incidental and product) signs. For the purpose of this article, miscellaneous signs shall be both ``incidental'' and ``product'' signs as defined in section 9.02. Portable signs shall not be used as miscellaneous signs. No individual product sign may exceed six (6) square feet in area. Miscellaneous signs are permitted in the commercial, industrial, and ``specialty'' zoning districts as described in section 9.05.

(7) Information signs. Information signs, as defined in section 9.02(13), are permitted in commercial and industrial districts as follows:

(a) Maximum number--One (1) per street front for each entranceway.

(b) Maximum size--Sixteen (16) square feet per sign.

(c) Maximum width--Four (4) feet.

(d) Maximum height--Six (6) feet.

(8) Political signs. Political signs may be allowed provided that all the following conditions are met:

(a) The size of the sign be no larger than five square feet in all zoning districts.

(b) The sign be placed on private property only. No sign shall be placed on public property, on any right-of-way, or attached in any manner to a pole, tree, fence, rock, another sign, etc.

(c) The sign be erected no more than four weeks preceding the election.

(d) The sign be removed no more than ten (10) days following the election.

[NOTE: Signs removed due to a violation of any of the above provisions will not be returned.]

(9) Pylon signs. Pylon signs shall be allowed in Sign Overlay District "D" as shown on the official zoning map of the City of Salisbury as follows:

(a) Allowable number. Businesses shall be limited to one (1) pylon sign per property.

(b) Allowable districts. Pylon signs may be located in the B-4, B-6, and B-7 zoning districts, if also located in the Sign Overlay District "D."

(c) Allowable height (minimum and maximum) and size. The following is a table showing the allowable minimum and maximum height, with maximum size allowed for pylon signs:

(10) Two ground signs allowed with a cumulative total of 150 square feet. Two ground signs may be allowed with a cumulative total of 150 square feet provided that all the following conditions are met:

(a) The property is located in B-6, M-1 or M-2 district.

(b) The property is at least eight acres in size and has at least 800 feet of street frontage.

(c) No one sign may exceed 100 square feet in area.

(d) Ground signs shall be spaced a minimum of 200 feet apart.

(e) Ground signs shall be no nearer than 50 feet to any side or rear property line.

(f) Other restrictions pertaining to ground signs in the applicable district; e.g., height limitation, shall be observed.

(11) Two (2) ground signs allowed for two (2) office institutional or two (2) commercial developments on one (1) property. Two (2) ground signs may be allowed for two (2) establishments provided that the zoning, minimum spacing, maximum height, and maximum size is in accordance with the table below:

(a) In the B-1, LOI, HS, and MED districts:

(b) In the B-2, B-CS, and B-7 districts:

(c) In the B-RT, B-4, and B-6 districts:

(d) In the LLI, LLI-2, M-1 and M-2 districts:

[Note: This subsection shall not be applicable to group developments.]

(12) Two (2) or three (3) ground signs allowed. Two (2) ground signs may be allowed provided that all the following conditions are met:

(a) The property is located in B-6, M-1, or M-2 district.

(b) The property is at least two (2) acres in size and has at least two hundred (200) feet of street frontage.

(c) The total aggregate area of the ground signs combined may not exceed the maximum allowable area for ground signs in that district.

(d) Ground signs must be spaced a minimum of one hundred (100) feet apart.

(e) Ground signs may be no closer than fifty (50) feet to any side or rear property line.

(f) Other restrictions pertaining to ground signs in the applicable district; e.g., height limitation, shall be observed.

(g) For businesses with three (3) franchises, one (1) ground sign per franchise may be allowed provided that conditions (a) through (f) above are met.

(13) Landscaping around on-premise ground signs. All on-premise ground signs shall be landscaped with a minimum of two-foot strip of landscaping from the base of all poles or foundations of ground signs.

(14) Conformity with state and federal codes. All signs and outdoor displays shall conform to the most recent editions of the N.C. State Building Code, the National Electrical Safety Code, and other applicable state and federal codes.

(15) Barber poles at barber shops. Barber poles that are a part of barber shops shall be permitted to spin or rotate, as has traditionally been a symbol that barber shops are open for business.

(Ord. No. 1986-20, § 1, 5-6-86; Ord. No. 1987-66, § 2, 10-20-87; Ord. No. 1988-21, § 2, 5-3-88; Ord. No. 1988-50, § 1, 10-4-88; Ord. No. 1989-41, §§ 1--7, 8-1-89; Ord. No. 1990-47, § 1, 9-4-90; Ord. No. 1991-44, § 1, 10-15-91; Ord. No. 1993-5, § 3, 1-25-93; Ord. No. 1993-7, §§ 2--6, 1-25-93; Ord. No. 1993-8, § 1, 1-25-93; Ord. No. 1993-9, § 1, 1-25-93; Ord. No. 1993-13, § 1, 1-25-93; Ord. No. 1993-15, § 1, 1-25-93; Ord. No. 1993-18, §§ 1, 2, 2-2-93; Ord. No. 1993-92, § 1, 1-4-94; Ord No. 1995.15; Ord. No.1997-38; Ord. No. 1999-24; Ord. No. 1999-49)

Regulations in special sign overlay districts supersede those of the district(s) under which the overlay is placed. These districts are established because of unique locational factors which require special treatment. Within overlay districts, those signs in section 9.03 (Signs permitted by right) are permitted, as well as the signs listed below by special sign overlay district.

(1) Sign overlay district ``A'': Sign regulations for sign overlay district ``A'' shall conform with those sign regulations contained in section 9.05(3) (Signs permitted by district), which are sign regulations for the B-5 central business district.

This district has been established to protect one (1) or more entranceways into downtown Salisbury, and shall be made applicable, with the overlay, over properties in and adjoining the downtown area which are not zoned B-5 central business district.

Areas where sign overlay district ``A'' are applicable are shown on the official zoning map of the City of Salisbury.

(2) Sign overlay district ``B'': Sign regulations for sign overlay district ``B'' shall conform with those sign regulations contained in section 9.12(2), Advertising signs for interstate highway.

This district has been established to provide an area or areas along Interstate 85 for off-premises advertising of businesses, commodities, services, activities, products, or entertainment. The area so designated shall be located along a portion or portions of Interstate 85 as indicated by sign overlay district ``B'' on the official zoning map of the City of Salisbury.

(4) Sign overlay district "D": Sign regulations for sign overlay district "D" shall conform with those sign regulations contained in section 9.06(13) Pylon signs.

This district has been established to provide for high-rise business signs which identify an on-premise business for the interstate traveler at the following interchanges and radii:

 

(Ord. No. 1986-20, § 1, 5-6-86; Ord. No. 1993-5, § 2, 1-25-93; Ord. No. 1995.15)

(1) Setback. To determine setback, measurement shall be made from the nearest street right-of-way line. No portion of any sign may extend on or over the required setback area.

(2) Area.

(a) For wall, canopy, or projection signs consisting of individual letters, numbers, characters, figures, or displays attached in some manner to a building: the area of the sign shall be deemed to be the area included in the smallest square or rectangle that can be drawn around each of the individual letters, numbers, characters, figures, or displays.

Such signs may only contain the name of the individual business to be measured in this way.

(b) For ground sign or wall, canopy, or projection signs consisting of a background with more than individual letters, numbers, characters, figures, or displays attached in some manner to a building, or for any form of advertising the business other than the name of the individual business: The area of a sign shall be deemed to be the area included in the smallest square or rectangle that can be drawn around the total sign area composed of individual letters, numbers, characters, figures, or displays.

Such signs include the copy area devoted to conveying a message, excluding structural supports, but including trim or framing devices. Where signs have appendages or additions, such as ``pop-ups'' or ``cutouts'' that extend beyond the copy area, the area of such appendages or additions shall be measured separately, but included in the total sign area. Also to be included in the total sign area shall be the area contained in the changeable copy sign.

Notes: For measuring the area of a sign, only one (1) side of the sign shall be included. No more than two (2) sign areas, with a total of four (4) sign faces, are permitted for each ground sign. In computing the measurable area of signs, those signs or portions of signs required by federal or state laws and regulations shall not be computed or considered as a part of the total sign area.

(3) Height. The height of any sign shall be measured from the grade level of the nearest public street right-of-way or at ground level where the sign is to be located, whichever is less restrictive.

(Ord. No. 1986-20, § 1, 5-6-86; Ord. No. 1986-62, § 1, 9-2-86)

Unless otherwise indicated below, the zoning administrator will provide thirty (30) days' written notice for the repair or removal of signs in violation of this section. Signs that are not repaired or removed as required by the zoning administrator in this section shall be cause for the zoning administrator to take legal action to effectuate such repair or removal.

(1) Inspection of signs. The zoning administrator shall have the responsibility of inspecting every sign to determine that the sign meets the requirements set forth in this ordinance.

(2) Signs kept in good repair. All signs for which a permit is required, together with their supports, braces, anchors, and messages, shall be kept in good repair.

(3) Dilapidated signs. The zoning administrator may require any sign which is an immediate danger to persons or property to be removed upon ten (10) days' written notice provided to the owner. If any sign determined by the zoning administrator to not be in immediate danger to persons or property, but impinges upon the public health, safety, or general welfare, or becomes structurally unsound or is in any way unsafe in the opinion of the zoning administrator, the owner of the sign, or the person or firm maintaining same, shall, upon thirty (30) days' written notice from the zoning administrator, repair, repaint, replace, or secure the sign in a manner to be approved by the zoning administrator, in conformity with the provisions of the state building code, or remove the sign.

(4) Abandoned, discontinued, and obsolete signs. signs identifying businesses no longer in existence, products no longer being sold, services no longer being rendered, or signs and sign structures which have been abandoned shall be removed by the property owner(s) from the premises within one hundred twenty  (120) days from the termination of such activities.

(Ord. No. 1986-20, § 1, 5-6-86; 2002-64)

A nonconforming sign, as defined in section 9.02, may not be replaced by another nonconforming sign.

Minor repairs and maintenance of nonconforming signs, such as repainting and electrical repairs shall be permitted. However, no structural changes in the location, size, or shape of the sign shall be permitted except to make the sign comply with all the requirements of this ordinance. A nonconforming sign shall not be replaced if it is damaged more than sixty (60) percent of its value as it is listed in the Rowan County assessor's office on the annual tax listing. If the value of the sign is not listed, the value shall be determined by the zoning administrator as the depreciated replacement value of the sign.

The following signs which are not in compliance with this ordinance upon the date of its adoption must come into compliance as follows:

(1) Signs on any public right-of-way which are not in compliance shall be removed and brought into compliance with this ordinance by June 6, 1986.

(2) Moving signs or devices designed to attract attention, all or any part of which move by means of fluttering, spinning, etc., which are set in motion by movement of the atmosphere. Such signs or devices include pennants, ribbons, streamers, spinners, propellers, or discs. These aforementioned signs or devices shall be removed by August 6, 1986.

(3) Consecutively strung lights, except as expressly permitted in:

(a) Section 9.04(11) pertaining to Christmas decorations and

(b) Section 9.05 paragraph beginning "applicable to subsections (2) through (6) only," the retail districts, with stated provisions shall be removed by August 6, 1986.

(4) Portable signs, as defined in section 9.02, shall be removed by August 6, 1986.

(5) Signs attached, affixed, or otherwise located on poles which advertise products, services, etc., contained elsewhere on the premises, shall be removed by July 1, 1990.

(6) Off-premises signs shall be removed by November 6, 1993.

(7) On-premise signs within the VCOD shall be removed within five and one-half (5 ½) years of their placement in the VCOD overlay.

(8) Other than the required removal dates for signs in the above applicable subsections, on-premise signs shall not be required to be removed unless one (1) or more of the following conditions exist:

(a) As referenced in section 7.01(1)(d), signs shall not be rebuilt, altered, or repaired after damage exceeding sixty (60) percent of the fair market value immediately prior to damage.

(b) There is a name change in the business or organization.

(c) There is a relocation of the business or organization to another site where the sign is not allowable.

(d) As stated in section 9.09(4) entitled Abandoned, discontinued, and obsolete signs, signs identifying businesses no longer in existence, products no longer being sold, services no longer being rendered, or signs and sign structures which have been abandoned shall be removed by the property owner(s) from the premises within one hundred twenty (120) days from the termination of such activities.  The Zoning Administrator will provide 30 days' written notice for the removal of signs in violation of this section, or to bring such signs into compliance.

(e) Signs may not be relocated unless such relocation is to an area which is in accordance with Article IX Signs.

(Ord. No. 1986-20, § 1, 5-6-86; Ord. No. 1989-42, § 1, 8-1-89; Ord. No. 1993-4, §§ 1--3, 1-25-93; Ord. No. 1993-12, § 3, 2-2-93; Ord. No. 1999-49; 2000-97; 2002-64)

(1) Illuminated signs. Illuminated signs shall be limited to those signs lighted from behind to silhouette letters and figures, and which prevent a direct view of the light source.

Signs excluded from the above requirement include those signs giving public information, such as time and temperature, when such light source does not produce a beam or ray of lights of such intensity or brilliance as to cause distracting glare or impair vision at a distance of thirty (30) feet from the light source.

(2) Flood and display lighting. Flood and display lighting shall be shielded so as to prevent a direct view of the light source or the beaming of light at an intensity or brilliance which may cause distracting glare or impair vision at a distance of thirty (30) feet from the light source.

(3) Parking area lighting. Parking lots, when lighted, shall be lighted in such a manner as to provide adequate lighting. Such lighting shall be shielded to prevent the beaming of light at an intensity or brilliance which may cause distracting glare or impair vision at a distance of thirty (30) feet from the light source.

(Ord. No. 1986-20, § 1, 5-6-86)

Signs defined as ``off-premise[s] signs'' in section 9.02 (Definitions) are prohibited, except as expressly permitted in section 9.03, section 9.06(5), and in subsections (1), (2), and (3) below.

A nonconforming, off-premise[s] sign may be repaired only in accordance with section 9.10, and must be removed in accordance with the requirements of that section.

(1) Directional signs. The zoning board of adjustment may authorize as a conditional use a directional sign for a facility when the following requirements are met:

(a) The sign be located in a commercial or industrial district;

(b) Only one (1) sign be permitted per lot;

(c) The size of the sign face be limited to twenty (20) square feet;

(d) The height of a sign be limited to five (5) feet;

(e) The sign be reasonably necessary in determining the location of the facility.

Note: Where visibility is reasonably difficult along a roadway which has a right-of-way of at least one hundred (100) feet and a pavement width of at least forty-eight (48) feet, the board may permit modifications in (c) and (d) above as follows:

The size of the sign may be greater than twenty (20) square feet, but no more than eighty (80) square feet.

The height of the sign may be greater than five (5) feet, but no more than thirty (30) feet.

(2) Advertising signs for interstate highway. Advertising signs for Interstate 85 include off-premise[s] signs not referenced in subsections (1) and (3) of this section. Such signs are permitted in sign overlay district ``B'' as described in section 9.07(2), provided that the following requirements are met:

(a) Within sign overlay district ``B,'' the sign may be located only in an M-1 or M-2 zoning district;

(b) One (1) sign face be permitted per sign, except that if back-to-back, there may be two (2) sign faces;

(c) The size of the sign face be limited to four hundred (400) square feet;

(d) The height of the sign be limited to thirty (30) feet;

(e) No such off-premises sign be located less than one thousand (1,000) feet from another such off-premise[s] sign on the same side of the highway;

(f) No such off-premise[s] sign be located less than two hundred (200) feet from any residential zoning district;

(g) The area immediately surrounding such structure be appropriately landscaped.

(Ord. No. 1986-20, § 1, 5-6-86)