HomeMy WebLinkAboutORD-2018-017 Unified Development Ordinance Text Amendment - Flags and FlagpolesOrdinance # ORD-2018-017
Whereas, Orange County has initiated amendments to its Unified Development Ordinance
(UDO) to modify existing regulations governing flags and flagpoles, and
Whereas, staff has determined a need to provide more specificity with respect to flags and
flagpoles as to ensure uniformity with respect to the display of flags and the allowable height of
flagpoles consistently and logically throughout Orange County, and
Whereas, proposed the amendment(s) eliminate ambiguous standards and replace them
with specificity utilizing standards that are similar to other jurisdictions in North Carolina, and
Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have
been deemed complete, and
Whereas, the Orange County Planning Board has recommended approval of the proposed
text amendments, and
Whereas, the County has held the required public hearing and has found the proposed
text amendments are consistent with the goals and policies of the adopted Comprehensive
Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective upon its adoption.
Upon tion of Commissioner seconded by Commissioner
the foregoing ordinance was adopted this 15 th day of May, 2018.
1, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a
meeting held on May 15, 2018 as relates in any way to the adoption of the foregoing and that said
proceedings are recorded in the minutes of the said Board.
WITNESS my han f said County, this 6t" y May, 2 18.
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7
Ulf Clerk to the Board of Commissioners
191
Article 6: Development Standards
Section 6.12: Signs
Figure 6.12.4: SIg-a _Size Measurement
6.12.5 Exempt Signs
The following permitted signs are considered exempt and do not require the issuance of a Zoning
Compliance Permit:
(A) Signs erected by a governmental agency to regulate, control, or direct vehicular or
pedestrian traffic;
(B) Legal notices, warnings, regulatory or informational signs erected by a public agency;
(C) Signs required by law;
(D) "No trespassing" signs, not exceeding six square feet in area;
(E) Real estate signs, not exceeding four square feet in area;
4G) F Property number signs not exceeding two square foot in area and bearing only address
numbers of premises or other identification of premises not having commercial
connotations;
"Lgj_Holiday decorations in season that do not contain or display a commercial message;
O)LU Signs on trash receptacles, indicating the owner or party responsible for maintenance;
tJ)f!L_Hazardous chemical identification /notification signs on residential and non - residential
structures;
K J Signs on newspaper boxes;
N Private drive signs, one per drive entrance, not exceeding two square feet in area, with
the message content limited to the words "Private Drive" and the address of any
residences utilizing the private roadway;
i_ Security and warning signs posted on private property warning the public against
trespassing, or similar messages, provided that any such sign does not exceed two
square feet in area; and
"ffiLPolitical Signs, in accordance with the following standards:
(1) Political Signs are allowed in all zoning districts.
(2) A Zoning Compliance Permit shall not be required to allow for the placement of a
political sign on private property.
(3) There shall be no limit to the number of political signs that can be placed on
private property so long as the placement of these signs complies with the
provisions of this Ordinance and the signs do not create a public safety hazard.
(4) Within residential zoning districts, political signs shall not exceed nine square feet
in area or four feet in height.
Orange County, North Carolina -- Unified Development Ordinance Page 6 -74
Article 6: Development Standards
Section 6.12: Sions
(5) Within non - residential zoning districts, political signs shall not exceed the
maximum allowable sign area permitted for freestanding signs.
(6) Political signs shall only be erected 90 days prior to the established dat of a
general election, school board election, referendum, special election, imary, or
other similar political activity.
7) Political signs shall be removed within 21 days after an election.
(8 Political signs shall be allowed within rights -of -way of the State ighway system
only in accordance with State law.
(9) %imilar olitical signs shall not be allowed on telephone poles, utili poles, trees, other
natural objects, and other signs or sign structures.
6.12.6 Prohibited Sig
The following signs are rohibited in all zoning districts:
(A) Advertising signs esembling traffic signals, traffic /dh rgency vehicles' flashing
lights, non - govern ntal sanctioned signs utilizing 'stop', `slow', `caution',
`danger', or any sign at is likely to be misconstruaveling public as being
official governmental s ns or emergency warningy their distracting nature
create a hazard to moto ' ts;
(D) Signs, except for off-,re mi s signs allowed un er this Section, advertising an activity,
business, product or service o longer condu ed on the premises upon which the sign is
located. Such signage shall Xae ed wit in 90 days from the date of termination of
such activity. Upon failure of r to move such signs within the prescribed time,
the Planning Director shall tapri e legal action to have such sign removed;
(C) Flashing, blinking, pulsating, i ns with moving parts except for signs showing
time of day and temperature rt of an approved sign advertising a permitted
business activity on a parcel ty, (D) Signs with electronic moveabscro ' g messages or other similar electronic
displays designed to change ore th n once an hour or a maximum of 8 times in
a 24 hour period;
(E) Signs, other than traffic, go ernmental, street na a signs, political signs erected in
accordance with State la , or other official govern ental or public agency sign, shall not
be permitted within any treet right -of -way;
(F) Roof signs;
(G) Snipe signs;
(FI) Beacon lights, imated signs, trailer signs and snipe signs;
(1) Portable sign ,unless approved for a special event in accorda ce with Section
6.12.11(D);
(J) Signs su orted in whole or in part by water, gas, air, or could othe ise be designated
as infla ble signs; Individuals erecting an inflatable sign shall be sub ct to an immediate
notice f violation and shall be required to remove the sign within the ti e frame it would
nor ally take to deflate the sign, unless approved for a special event in ccordance with
Se _ion 6.12.11(D);
/(K)igns mounted on a single pole or mast;
ns that contain rotating sign panels or objects;
ns that obstruct ingress and egress to any door, window, fire escape, stairway, adder,
other opening intended to provide light, air, ingress, or egress for any room or bu ing;
d
Orange County, North Carolina -- Unified Development Ordinance Page 6 -75
6.12.12
Article 6; Development Standards
Section 6.12: Sicins
The following signs shall ba permitted in the zoning districts indicated, hn accordance with all
other provisions of this Section and specific standards for each sign established herein:
wNcl,i were WillaWfUl unde the and which do not
(AfLq_{}n-Pramiao Commercial Signs
These signs shall comply with all state and county building co.des,,�dIhe
National Electric Code. Clearance of signs is required froThfgb vo tage power
linZ's�d signs shall be located in such a way thatlh"ill maintain horizontal
and verticdt-e�rance of all overhead electrj�a�ncluctors in accordance with
the National Elecfifiic�de sped icatlo�_ �,rovidecl that no sign shall be installed
closer than ten feet horizo—ftta�v ppvertically from any conductor or public utility
guy wire. I
(2) On-premise coavrre—rcial signs shall be permi - ff�!�Jthin the following zoning
ASE-CZ, REDA-CZ-1 and all of the Economic Dev ing
I The regulation was designed tn ensure there was appropriate scale with respect to the size ofuflag pole and
existing residential structure ona parcel ofproperty. To address concerns over potential conflicts io the allowable
height of a flagpole from one property to another (i.e. a single-story house with a 14 ft. tall flagpole versus a two-
story house with a 24 ft. flagpole) the County's Attorney office is recommending the provision be eliminated.
2To address concerns smaller lots, observing a minimum lot width uf50ft, would be able to erect a flagpole staff
is recommending setbacks be reduced from S0to28ft,
Orange County, North Carolina — Unified Development Ordinance Page 6-79
Article 6: Development Standards
Section 6.12: Signs
(3) All on- premise commercial signs shall be setback ten feet from the front, sid ,
and rear property lines or the edge of any existing or projected street right- f -way
line whichever is greater. In cases where a property abuts a residential ned
parcel of property, the side or rear yard setback requirement shall bed bled.
(4) Number of Signs Permitted
(a) One on- premise commercial sign shall be permitted per p rcel.
However, one additional on- premise commercial sign m be permitted
for parcels with frontage on more than one right -of -wa in accordance
with the provisions of this Section.
(b) Under no circumstances shall more than one thre - dimensional sign be
permitted on -site.
( For multi- tenant buildings and /or sites permitt d as a conditional use or
conditional zoning district, additional on -pre ise commercial signs or
sign area may be permitted by the Board County Commissioners.
(5) Height f Signs
(a) P le signs shall be limited to a heigh f 24 feet with a mandatory ground
cle ance of eight feet from the nor al or finished grade elevation of the
prop y at the base of the sign
(b) Groun igns shall not exceed ix feet in height from the normal or
finished ade elevation of th property at the base of the sign
(6) The allowable area or on -premi commercial signs shall be determined as
follows:
(a) Single or double aced igns shall not exceed 32 square feet in area, per
sign face. For pa e zoned CC -3, GC -4, O /RM, 1 -1, 1 -3, AS, EDB -2,
EDE -2, EDH-4, ED -5, and MPD -CZ signage shall not exceed 72
square feet in are fo parcels that:
(i) Are lar er than 0,000 square feet in area, and
(ii) Hav more than 3 0 linear frontage along a NC Department of
Tr nsportation (NC OT) maintained roadway.
(b) Three -di ensional signs shall of exceed a maximum volume of 54
cubic et with no dimension exc eding six feet.
Figure 6.12.12.A.6: Three7Dimensional Sign Allowable Vo
H
Orange County, North Carolina — Unified Development Ordinance Page 6 -80
Article 6: Development Standards
Section 6.12: Signs
L x W x H may not exceed 54 cubic feet with no dimension exceeding 6 feet.
An on- premise commercial sign may contain a cha eable copy sign as defined
in this Ordinance. However, the total sign area, include the area of changeable
copy, shall not exceed the maximum allowable area establsleZ Section
6.12.12(A)(6)(a) above.
(8) No on- premise commercial sign shall be oriented is such a manner to be
directly visible from a major transportation corridor as established in this
Ordinance.
g4Li,LOff-Premise Commercial Signs
(1) These signs shall comply with all state and county building codes and e
National Electric Code. Clearance of signs is required from high v age power
lines and signs shall be located in such a way that they will mai in horizontal
and vertical clearance of all overhead electrical conductors i ccordance with
he National Electric Code specifications, provided that n ign shall be installed
c er than ten feet horizontally or vertically from any nductor or public utility
guy e.
(2) Off -premi Xa rcial signs (billboards) sha e permitted within the GC -4,
EC -5, I -1, aning districts.
(3) No electric tallowing for an end endent light source to receive power
shall be allo
(4) Off - premise rcial s' ns all be considered the principal use of property.
There shall dition ncipal uses allowed on the same parcel. Off -
premise col si shall t be permitted as accessory uses.
(5) No off - premercial sign sha e located closer than 200 feet to the right -
of -way of moughfares (i.e. US NC 86, NC 40, and NC 57) and 600
feet to the ri ay for all other thoroug res and streets.
(6) The hei t of an off - premise commercial sign sh I not exceed 25 feet from the
grad of the right -of -way or surface grade beneath e sign, whichever is less.
T clearance of an off - premise sign shall not be less n eight feet from the
grade of the right -of -way or surface grade beneath the sig whichever is less.
(7 Off - premise commercial signs shall be limited to 480 square fe of sign area.
(8) In no case shall an off - premise commercial sign be located closer t n 1,000 feet
to an existing off - premise commercial sign.
(9) Off- premise commercial signs are prohibited within the Major Tran
Corridor (MTC) overlay district.
Orange County, North Carolina -, Unified Development Ordinance Page 6 -81
Article 6: Development Standards
Section 6.12: Signs
10) No person may, for the purpose of increasing or enhancing the visibil' any
off- premises commercial sign, damage, trim, destroy, or remo ny trees,
bs, or other vegetation in the following locations:
(a) the right -of -way of any publi eet or road, unless the work is
done pu nt to the expre ritten authorization of the North Carolina
Department o ation;
(b) On prop at is not u the ownership or control of the person
re sible for such work, unle e work is done pursuant to the
express authorization of the property o r where the vegetation is
located; and,
(c) In any area where such vegetation is required to remai der a permit
issued in accordance with this Ordinance.
fC4L1?J_WaII
Signs
(1)
Shall either be mounted or painted on a building.
(2)
Wall signs maybe internally illuminated and shall comply with all a licable state
and county building codes and the National Electric Code.
Wall Signs shall be permitted within the following zoning distr' ts: LC -1, NC -2,
CC -3, GC -4, EC -5, O /RM, El, 1 -1, 1-2,1-3, AS, MPD -CZ, A -CZ, REDA -CZ -1
and all of the Economic Development zoning districts.
(4)
1 wall signs shall be offset a minimum of ten feet fr the corner of the building
on hich it is mounted.
(5)
Wall si s shall not protrude more than 12 inc es from the face of building on
which it i ounted.
(6)
Number of S ns Permitted
(a) Only on all sign shall be rmitted per building facade, In cases
where a bu ing is locate on a corner lot, an additional wall sign may be
permitted on e buildi wall facing the second street right -of -way,
subject to the re it ents of this Ordinance.
(b) For multi - tenant i 'ngs permitted as a conditional use or conditional
zoning district ddition wall signs may be permitted by the Board of
County Co issioners.
(7)
The allowable s' n area shall be dete ined as follows:
One square of of sign area for every fo of building length facing a public right -
of-way, n to exceed 32 square feet. For rcels zoned CC -3, GC -4, O /RM, I -2,
1 -3, AS DB -2, EDE -2, EDH -4, EDH -5, and D -CZ signage shall not exceed
64 s are feet in area for parcels that:
( Are larger than 60,000 square feet in area, d
(b) Contain a structure with more than 100 linear fe of building length
facing a public right -of -way, and
(c) Have more than 300 feet of linear frontage along a N epartment of
Transportation (NC DOT) maintained roadway.
(8)
A changeable copy sign may be utilized as a wall sign.
(9)
Wall signs shall not extend above the soffit, parapet, or eave line of the ilding
to which it is attached.
.(E) Projecting
Signs
(1)
Projecting signs shall be mounted on a building.
Orange County, North Carolina ® Unified Development Ordinance Page 6 -82
Article 6: Development Standards
Section 0.12:Signs
(2) Projecting signs may be internally illuminated and shall comply witDafl applicable
state and county building codes and the National Electric Code
(3) rojecting signs shall be permitted within the following z g districts: LC-1, NC-
a�d al the Economic Development zoning dis ' s.
(4) Projecting si shall adhere to the minim setback requirements established
for all structures ' in the zoning dist i in which it is located.
(5) Only one projecting sig s all permitted per building facade even in cases of
.ed on
(6) The allowable sign ar shall be ermined as follows:
(a) One s re foot of sign area for ery foot of building length, facing a
pu i right-of-way, not to exceed 3 uare feet in area.
(7) P roj ng signs shall clear sidewalks and pedestri paths by a height of at least
t et above finished grade.
(8 Projecting signs shall not extend above the soffit, parapet, or ve line of the
building to which it is attached.
(9) Projecting signs shall not be located at the corner of a building except ight
angles to the building fagade.
|
MuD n�w S�rm
(I Wi d signs shall be permitt d 'th' the following zoning distri �-1, | �_~~
'in ow
_.
a of the Economic Development zoning distri .
Window — signs __- e limited to a ma of 30% of the total window area
where the sign is to be o
(3) Window signs ma I ized for adve s ecials or sales within the
ass ' with the principal use.
Signs may be etched, painted or otherwise attached tobe made aperma t
~-
addition to the pane ofglass.
| (R-LqI_AumninQSiQns
Awning signs shall be permitted within the following zoning districts: LC-I, NC-2,
-��of the Economic Development zoning districts. S�e '3��
a !e , ion 6.12.14(E)
for add iti 6rral...qtandards for Awning Signs located in nomic Development
(2) Awning Signs shall be locate the main entrance to a nonresidential land
use and shall contain th e of the
(3) Awning Si a shall be limited to a maximum o Io of the total awning area
ere over the entrance of a nonresidential land use. an awning sign is
ili ed at a mul.ti-use development, the amount of sign area shal mputed
|
uo part u/u the overall sign area allotted m wall signs, not m exceed a0mu/u=,�
~-
total awning area.
cated in
re
| 4(a).H)_.Drk/u-Thnough Menu Signs
n of the Pann'n
|
nnrougnm /
ry for the no rmal operations of
business on the prope y sary for the normal operations of the
commercial o
igns shall be limited to 32 square feet in area.
DomgmCounty'NorthCaru|ina - UnifiadDavaupmantOrdnunoa Page 6-83
Article 6: Development Standards
Section 6.12: Signs
(3) No external illumination shall be permitted,
(4) A land use that utilizes such a sign shall also be permitted an indepen t
speaker box, no greater than 12 square feet in area with a height n re ate r that
four feet,
6.12.13 Sign StandNs for Specific Uses
In addition to the quirements contained herein, the following Ian ses shall adhere to these
additional standards:
(A) Changeable Co Signs Utilized by Churches r Public Entities
(1) Shall not exce 32 square feet in a.
(2) Bulletin boards /rea r boards ay be internally illuminated.
(B) Service Stations /Gas Station
(1) Signs may be erec d abov as pumps subject to the following standards:
(a) No i rnal or external it ination shall be permitted;
Z(2)Signs s shall be limited to four pare feet in area; and
s must advertise items for sa on the property. Under no
mstances may a sign advertise ale, activity, business, or product
associated with the principal use of perty.
e erected on the canopy covering gas p s subject to the following
(a) Advertising material shall be limited to trademarks, to s, and the name
of the service station or other similar display.
(b) Such displays shall be limited to six square feet of area.
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(...... ...W....e.... _.._ p _. m .............. _.. cn tl Ilyq
In adrtfltieu� to tie t.goq uw j w wwfe� iio °� section d. i . t / �:..( re� awtp o� ! wit tlu_ _.
°5)Lmnches in heigit ..irina ... r dos Layq g1L Mda vidua� qr 2 sftes.. �tQ�ciii�......!
;5 fq(er"
f O Yard Sales /Garage
® Signs shall be erected on the property where the sale' firrg place.
(2) Signs shall be fimitfo_ur squa area.
(3) No off -site dis a I be permitted. —�`
4 igns shall be removed no later than sunset of the day the even �cass.
(GqJgL Institutional Uses and Private Parks Located within Residential Zoning Districts
round and one wall sign shall be per '
13:!groun:d:sign imun are uare feet per sign face; and
shall exceed six feet in height,
(-EE) E _Home Occupations
---,(4j. __ The Home Occupation shall have a valid Zoning Com�liaeermit issued by
"t?ran County; �eight (2) There shall only be re feet in area and four feet in
�height,- 3 ch sign shall n�be umi nate�by y mea_ n_ss•– �
Orange County, North Carolina -® Unified Development Ordinance Page 6 -84
Article 6: Development Standard
Section 6.12: Sicinm
vis
(4) Sign shall not e n any right-of-way, sight visibility
_ b*r.
| ��/gL_Parks, Public and Non-profit; Recreational Facilities, Non-Prmfit;Recreational
Facilities, Golf Courses; and Recreational Facilities, Profit
(1) Purpose and Intent
(a) Unlike signs for non-residential development(s), signs for recre ional
land uses are intended to serve a different function and purp e. Signs
within these types of land uses are intended to provide ess tial
information concerning:
(i) Rules and regulations governing the operation f the facility;
(ii) Educational information identifying unique a ects of the facility,
the property itself, or significant environm tal features that are
located on the property; and
(iii) Identification of sponsors or public/pri te partnerships that are
responsible for the development, u eep, and maintenance of
existing recreational amenities.
(b) e some of this information could b onstrued as being advertising
ate ial, the County views such sign as identifying those responsible
for the istence of the facility and ows for recognition of entities that
have en ed into partnerships wi the operator of the facility to provide
(2) Applicability
The regulations included erein go em the erection of signs at the following:
(a) Parks, Public and n- ofit,
(b) Recreational Facilitie , on-Profit,
(c) Recreational Facil* ies, G Courses, and
(3) Permitted Signs
(a) Freestan i g identification signs a ouncing the name of the facility/land
use are ubject to the following stan rd s:
(1) There shall be only one freesta ing identification sign per
Freestanding identification signs sh be limited to 20 square
feet of sign area. In Economic Develd ment Districts, a
maximum sign area of 32 square feet s 11 be permitted,
(iii) The sign may be either a ground or pole si ,
(iv) Freestanding identification signs shall be set ck a minimum of
ten feet from all property lines, and
(v) Illumination of freestanding identification signs sha be permitted
in accordance with the provisions of this Ordinance,
(b) Wall Signs
(i) Shall either be mounted or painted on a building.
(ii) All wall signs shall be offset a minimum of five feet from the
corner of the building face on which it is mounted.
Orange County, North Carolina — Unified Development Ordinance Page 6-85
Article 1O:Definitions
Section 1O]:Definitions
S~ in, Banner
Asig intended tobehung
either with ur without frames, possessing
characters, letters, illustrations, orornamentations
applied to paper, plastic, or fabric of any kind.
symim>�W-AagLc, -9F bu-sisess- shall
Banner signs are regulated under the
Special Event Display section of Section 8.12.
M Following is an example ofa banner sign.-
Sign, Construction
A sign that gives the name or names of principal c ractor , .
and lending institutions responsible for constru n on the site ere
the sign is placed.
Orange County, North Carolina — Unified Development Ordinance Page 10-43