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HomeMy WebLinkAboutORC agenda 120215ORANGE COUNTY PLANNING DEPARTMENT 131 W. MARGARET LANE, SUITE 201 HILLSBOROUGH, NORTH CAROLINA 27278 AGENDA ORANGE COUNTY PLANNING BOARD ORANGE COUNTY WEST CAMPUS OFFICE BUILDING 131 WEST MARGARET LANE – LOWER LEVEL CONFERENCE ROOM (ROOM #004) HILLSBOROUGH, NORTH CAROLINA 27278 Wednesday, December 2, 2015 Ordinance Review Committee Meeting – 6:30 pm Note: This is a meeting of the Ordinance Review Committee (ORC) for Planning Board members who would like to review and comment on proposed amendments before the items are placed on a Quarterly Public Hearing agenda. Attendance is not mandatory and a quorum is not necessary for meetings of the ORC. No. Page(s) Agenda Item 1. CALL TO ORDER 2. 2 - 23 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – SIGNS To review and comment upon proposed amendments to the UDO regarding sign regulations. Presenter: Michael Harvey, Current Planning Supervisor 3. ADJOURNMENT 1 ORANGE COUNTY PLANNING BOARD ORDINANCE REVIEW COMMITTEE ACTION AGENDA ITEM ABSTRACT Meeting Date: December 2, 2015 Action Agenda Item No. 2 SUBJECT: Unified Development Ordinance (UDO) Text Amendment – Sign Regulations DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: 1. Comprehensive Plan and Unified Development Ordinance Outline Form (UDO & Zoning 2015-01) 2. Future Land Use Map of the Comprehensive Plan 3. Draft UDO Text Amendment Michael D. Harvey, Planner III (919) 245-2597 Craig Benedict, Director (919) 245-2575 PURPOSE: To review and comment upon Planning Director initiated Unified Development Ordinance (UDO) text amendments modifying existing sign regulations. BACKGROUND: Please see Section B of Attachment 1 for relevant information. The Form for these amendments was approved by the BOCC at its January 22, 2015 regular meeting. This item was first reviewed by the Planning Board at its April 1, 2015 ORC meeting. Agenda materials from this meeting can be viewed at: http://www.orangecountync.gov/4_1_15ORC_Packet.pdf. Meeting notes can be viewed at: http://www.orangecountync.gov/4_1_15_ORC_Notes.pdf. Work on this item was extended to address impacts associated with a recent US Supreme Court case. For more information please refer to Section B of Attachment 1. As a result of the delay, and additional modifications, staff is referring the item back to ORC for review. This item is slated for final review by the Planning Board, and a recommendation prior to the February 18, 2016 Quarterly Public Hearing, at its January 6, 2016 regular meeting. FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1. RECOMMENDATION(S): The Planning Director recommends the Board review and comment on the proposed amendment package. 2 1 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO / Zoning-2015-01 UDO Text Amendment(s) clarifying the allowable sign area for projects in identified Activity Nodes, regulations governing the use of electronic signs, and addressing off- site signage A. AMENDMENT TYPE Map Amendments Land Use Element Map: From: To: Zoning Map: From: To Other: Text Amendments Comprehensive Plan Text: Section(s): UDO Text: UDO General Text Changes UDO Development Standards UDO Development Approval Processes Section(s): 1. Section 6.12 Signs and 2. Article 10 Definitions. Other: B. RATIONALE 1. Purpose/Mission In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO, the Planning Director has initiated text amendment(s) to modify existing regulations governing allowable signage. Attachment 1 3 2 Current regulations do not offer a suitable distinction between development within urbanizing and rural areas of the County allowing for a sign of suitable size to accommodate a non-residential project on a larger parcel of property. 2. Analysis As required under Section 2.8.5 of the UDO, the Planning Director is required to: ‘cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners’. There has been an increase in inquires and interest with respect to development of large-scale commercial operations within the County, with an emphasis on property located within the: a. Commercial Transition, b. Commercial-Industrial Transition, and c. Economic Development Transition Activity Nodes (please refer to Attachment 2 for additional detail). Current sign regulations limit the total allowable square footage for freestanding and wall signs for most non-residential general use zoning districts to 32 square feet (8 feet by 4 feet in size) regardless of the property’s location (in or outside of an Activity Node), size of parcel, or amount of road frontage. The ‘one-size fits all’ sign limit may, in fact, be a deterrent to non-residential development in the aforementioned Activity Nodes. There is also a noticeable lack of clarity within the UDO addressing the development of large-scale properties with multiple tenants necessitating the need for a larger, freestanding sign, advertising local businesses and on what constitutes a blinking/flashing sign leading to enforcement concerns. Recent court decisions, most notably Reed versus Town of Gilbert, also impact the County’s current sign regulations. In this case the US Supreme Court sign regulations cannot be seen as allowing/disallowing a sign based on its content. For more information on the case and its potential impacts please refer to the following: http://canons.sog.unc.edu/?p=8167. The amendments are necessary to address current concerns over advertising needs for development within the urban-designated areas of the county (i.e. the Commercial Transition and Commercial-Industrial Transition Activity Nodes) and clarify the prohibition on the use of blinking/flashing signage by incorporating new definitions into the UDO. Staff will also revise existing regulations to ensure our standards are ‘content neutral’ and consistent with the findings of the Gilbert case. The proposed amendment will also incorporate an interpretation relating to the use of digital displays by gas stations. Historically gas stations have displayed gas prices through an internally/externally illuminated reader board. These displays create unnecessary glare for motorists. Orange County has allowed gas stations to incorporate digital reader board displays to advertise gas prices, reducing glare and eliminating issues of light trespass either through cracked message boards allowing undiffused light 4 3 to escape or misaligned external light fixtures creating glare for motorists. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Land Use Goal 4: Land development regulations, guidelines, techniques, and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. 4. New Statutes and Rules Reed versus Town of Gilbert, a US Supreme Court Case impacting existing sign regulations. d. PROCESS 1. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed January 22, 2015 – The BOCC authorized staff to proceed with the amendment. b. Quarterly Public Hearing February 18, 2016 STAFF COMMENT: This item was originally intended for presentation at the February 19, 2015 Quarterly Public Hearing, which was cancelled due to weather. Further delays were the result of various court proceedings. For more information on recent court decisions relating to sign regulations please refer to the following: http://canons.sog.unc.edu/?p=8167. c. BOCC Updates/Checkpoints January 22, 2015 – Approval of Amendment Outline form authorizing staff to proceed with project. April 1, 2015 Ordinance Review Committee (ORC) meeting (BOCC received materials). December 2, 2015 Ordinance Review Committee (ORC) meeting (BOCC receives materials). February 18, 2016 - Receive Planning Board recommendation at public hearing. d. Other N/A 2. PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. 5 4 a. Planning Board Review: January 26, 2015 – Planning Board members were e-mailed the amendment packet for initial review and comment. April 1, 2015 – ORC. During this meeting the following comment(s) were made: • A Board member asked if digital signs were dangerous? STAFF COMMENT: Staff believes digital signs pose several issues for motorists due to the frequency of the sign’s message being changed as well as the incorporation of a scrolling message. We believe they represent a distraction as motorists are frequently looking at the sign to see the next advertisement. • A Board member asked how portable signs are addressed. STAFF COMMENT: Portable signage is addressed in Section 6.12.6 of the UDO and are specifically banned. • A Board member asked what constituted a snipe sign. STAFF COMMENT: As detailed in Article 10 Definitions of the UDO a snipe sign is a small sign advertising services (i.e. ‘We Buy Houses’) or off-site signage advertising homes for sale. December 2, 2015 – ORC. b. Advisory Boards: N/A c. Local Government Review: N/A d. Notice Requirements Legal advertisement published in accordance with the provisions of the UDO. e. Outreach: 3. FISCAL IMPACT Modification of existing language will not require the outlay of additional funds by the County. Processing of the amendment shall be handled by staff utilizing existing budgeted funds. General Public: Small Area Plan Workgroup: Other: 6 5 e. AMENDMENT IMPLICATIONS The amendment will allow for larger freestanding and wall signs for projects in identified Activity Nodes where there is adequate road frontage necessitating the development of additional advertising space and clarify what constitutes a blinking/flashing sign to aid in enforcement efforts. It will also ensure County sign regulations are legally sufficient given the recent Gilbert US Supreme Court case. f. SPECIFIC AMENDMENT LANGUAGE Please refer to Attachment 3. Primary Staff Contact: Michael D. Harvey Planning (919) 245-2597 mharvey@orangecountync.gov 7 Caswell County Person County Chatham County Al a m a n c e C o u n t y Du r h a m C o u n t y Cedar Grove Twp Little River Twp Eno Twp Chapel Hill Twp Cheeks Twp Hillsborough Twp Bingham Twp Mebane Carrboro Chapel Hill Efland Hillsborough Carrboro Transition Area II Carrboro Transition Area I Chapel Hill Transition Area Chapel Hill Transition Area Chape l H i l l Transit i o n A r e a University LakeWatershed Haw River Watershed Jordan LakeWaterhed Cane Creek Watershed Lower Eno Watershed Little River Watershed Upper EnoWatershed Back CreekWatershed South HycoCreek Watershed Flat River Watershed US 70 W O R A N G E GROVERD S T M A R Y S R D E R W I N R D US 7 0 E M T SINAIRD LITTLE RIVERCHURCH RD B U C K H O R N RD N C 8 6 S ESTES D R NC 5 7 W H I T F IELD RD D A I R Y L AND R D HO M E STEAD RD I 4 0 E EX I T 2 7 0 D A MA S C U S C H U R C H R D N C 4 9 LEBANON RD H A R M O NYCHURCHRD U S15501S NC 5 7 NC54 T E R R Y RD F O R D H A M B L V D GR AY RD US70A H A L LS MI L L R D A LBERTRD N C 8 6 N N ESTES D R N C 54 W WEST TEN R D US 70 E WEAVER DAIR YRD MILLE R R D MA N NI N G D R RALE I G H R D SCHLEY RD RIC H M O ND RD G U E S S RD J O N E S F E R R Y RD UNIVERSITY STATION RD MC D A D E S T O R E R D F E R G USON R D P I T T S B ORO ST HE B R O N CHU R C H RD C A R R S TO R E R D DIM M O CKSMILL RD DODS O NS XRDS B O W M A N R D CO LE MI L L R D THOM RD WESTHILLAVEN MART I N L U T H E R K I NG JR BLV D B O R LAND R D N C H W Y 5 4 E A S T HAT C H R D ARTH U R MINNIS RD CA R L D U RH AM RD S E STESDR OAKDALE DR H A R M O N Y C H U R C H R D LAWS STO RE RD EPHESUS CHU R CHRD B O R L A N D R D F RA Z I ERRD O L D H I L L S B O R O U G H R D KENION RD DAVIS RD B A L D W IN RD NC 54 W S A W M I L L RD HIG H L A N D F A R MR D BACON R D CRAIGRD CAVINESS JORDANRD US 15 - 5 0 1 HWY N I 85 S B ILL P OOLER D H E N S L E Y RD I 4 0 W EUB A N K S R D N C 8 6 N U S 70 W I85N MCB R O O M R D PHELPS RD I 40 E E X I T 2 6 1 O R M O ND R D I 4 0 W EX I T 2 6 6 H O L L Y RID GE R D OLIN R D M T Z I O N C H U R C H R D P E NECOST RD KIGER RD I 4 0 E Y A R B O R O U G H R D HE S T ERRD B U S H Y C O O K RD N I C K S RD W IL D CAT C R E E K R D V E R N O N R D TE E R R D ST A N F O R D RD W ILKERSON R D O L D N C 8 6 OLD NC 86 PLEASAN T GREENRD N C 8 6 N HILL S B O R O U G H R D HIGH ROCK RD H U R D LE M IL L S R D HU NTRD MORRO W M I L L R D WALNUT GROVECHURCHRD C R A W F ORD D A I R Y RD M T W I L L I N G R D LAWRENCERD N N A S H S T SMI T H L E VEL RD E F LAND CEDAR G R O V E R D S A D D L E CLUB R D N E W S H A R O N C H U R C H RD NE V I L L E R D OAK G R O V E C H U R C H R D N C 1 5 7 C HEST NUT RI D G E C HURCH R D E N O M OU N T A IN RD TURKEY FAR MRD W E A V E R DAIRY R D EXT POPE RD MEBANE O AKS RD BOW DEN R D BI V I NS RD R O G E R S R D S A WY E R R D WHITECROS S R D KERLEYR D HAW K INS RD M ARY HALL R D A L L I S O N RD B R O O KHOLLOW R D N C 1 5 7 W BR O W N R D W A DE LOOP N C 7 5 1 C O M P T O N R D A TKINSRD Future Land Use Mapof the Orange County Comprehensive Plan 01234Miles 1 in = 2.75 miles . Adoption Date: Nov 18,2008 Amended through September 2012 Legend: Watershed Critical Areas Water Supply Watersheds OC/CH/CA Joint Planning Area Resource Protection Areas Public Interest Areas 10 Year Transition 20 Year Transition Rural Residential Rural Buffer Agricultural Residential City Limits ETJ Activity Nodes Rural Neighborhood Commercial Transition Commercial-Industrial Transition Economic Development Transition Rural Community Rural Industrial Orange County and Planning and Inspections Department. This copy printed May 03, 2013. Map is for reference use only. Contact Planning staff for verification of data. 8 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-76 (H) The design of light fixtures and structural supports must be compatible with the architecture of the principal building(s) and identification signs. (I) Where building faces are illuminated, lighting fixtures must be integrated within the architectural design of the buildings. (J) Ground-mounted lighting fixtures must be weather-proof and vandal resistant. (K) Hillsborough EDD In addition to the standards established above, the following standards shall apply within the Hillsborough EDD: (1) Lighting must be high efficiency lighting systems and lighting levels must be reduced during non-use hours to promote energy conservation. (2) 12:1 minimum/maximum glare ratio. (3) Maximum footcandles = 80 SECTION 6.12: SIGNS 6.12.1 Purpose and Intent The purpose of this Section is to regulate the type, placement and physical dimensions of all signs in the interest of public health, safety and welfare, while recognizing the need for signs within the business community. It is the intent of this section to regulate signs on a per lot basis in conjunction with the zoning designation of the lot as described on the current tax roll weather a sign is directly visible from a street right-of-way or not. 6.12.2 Off-Premise Commercial/Outdoor Advertising Signs1 The provisions of this Article establish standards and review criteria relating to the location, erection, maintenance, lighting, setbacks, and use of signs. This includes regulations pertaining to off-premise commercial also known as outdoor advertising (i.e. Billboards) signage. The regulation and permitting of outdoor advertising is also subject to State requirements, including the State Outdoor Advertising Control Act, and Federal requirements. In cases where there is a conflict between County regulations and State or Federal regulations, relating to the location, erection, maintenance, lighting, setbacks and use of outdoor advertising signage, the corresponding State or Federal law shall take precedent. In cases where there is no applicable State/Federal standard, then existing County regulations shall be enforced. 6.12.3 General Requirements (A) No sign of any type nor any part thereof shall be erected, painted, posted, reposted, placed, replaced, or hung in any zoning district except in compliance with these regulations. (B) No person shall erect or maintain a sign, and no property owner shall allow a sign to be erected or maintained on his property except in conformity with these regulations. (C) A Zoning Compliance Permit approved in accordance with the provisions of this Ordinance shall be required prior to erecting a sign, unless otherwise permitted. 1 Staff is adding language to ensure terminology is consistent within the UDO when referencing billboards, which we currently define as ‘Off-premise Commercial’ signs. We are also adding a definition of Outdoor Advertising, referencing our local classification, in Article 10. 9 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-78 (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; (F) Flags, emblems or insignia of any national, state or political subdivision; (G) 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; (H) Holiday decorations in season that do not contain or display a commercial message; (I) Signs on trash receptacles, indicating the owner or party responsible for maintenance; (J) Hazardous chemical identification/notification signs on residential and non-residential structures; (K) Signs on newspaper boxes; (L) 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; (M) 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 (N) Political 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. (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 date of a general election, school board election, referendum, special election, primary, 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 highway system only in accordance with State law. (9) Political signs shall not be allowed on telephone poles, utility poles, trees, other similar natural objects, and other signs or sign structures. 6.12.6 Prohibited Signs The following signs are prohibited in all zoning districts: (A) Advertising signs resembling traffic signals, traffic signs, emergency vehicles’ flashing lights, non-governmental sanctioned signs utilizing the words ‘stop’, ‘slow’, ‘caution’, 10 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-79 ‘danger’, or any sign that is likely to be misconstrued by the traveling public as being official governmental signs or emergency warnings or which by their distracting nature create a hazard to motorists; (B) Signs, except for off-premises signs allowed under this Section, advertising an activity, business, product or service no longer conducted on the premises upon which the sign is located. Such signage shall be removed within 90 days from the date of termination of such activity. Upon failure of the owner to remove such signs within the prescribed time, the Planning Director shall take appropriate legal action to have such sign removed; (C) Flashing, blinking, pulsating, signs or signs with moving parts except for signs showing time of day and temperature that are part of an approved sign advertising a permitted business activity on a parcel of property; 2 (D) Signs with electronic moveable copy, scrolling messages, or other similar electronic displays designed to change/display different advertising message(s) more than once an hour or a maximum of 6 times in a 24 hour period.3 The use of electronic displays in off- premise commercial signs is specifically prohibited except in accordance with the provisions of Section 6.12 inclusive.4 (E) Signs, other than traffic, governmental, street name signs, political signs erected in accordance with State law, or other official governmental or public agency sign, shall not be permitted within any street right-of-way; (F) Roof signs; (G) Snipe signs; (H) Beacon lights, animated signs, trailer signs and snipe signs; (I) Portable signs, unless approved for a special event in accordance with Section 6.12.11(D); (J) Signs supported in whole or in part by water, gas, air, or could otherwise be designated as inflatable signs; Individuals erecting an inflatable sign shall be subject to an immediate notice of violation and shall be required to remove the sign within the time frame it would normally take to deflate the sign, unless approved for a special event in accordance with Section 6.12.11(D); (K) Signs mounted on a single pole or mast; (L) Signs that contain rotating sign panels or objects; (M) Signs that obstruct ingress and egress to any door, window, fire escape, stairway, ladder, or other opening intended to provide light, air, ingress, or egress for any room or building; and (N) Signs that violate any provision of any law of the State of North Carolina relative to outdoor advertising. (O) Signs erected on telecommunication facilities or support structures other than safety notification(s) and those required by State or Federal regualtions.5 2 On advice from the County Attorney’s office we are deleting this language to address a concern existing language is not content neutral. The content of a sign cannot be specified, even if it is just ‘time/temperature’.  3 We need a standard as to what constitutes changeable copy to ensure proper enforcement while allowing some opportunity for said advertising display to be altered during the course of a day.   4 Section 6.12.2 establishes the County’s limitations with respect to the regulation of off-premise/outdoor advertising (i.e. billboards). We will continue to ban the use of electronic outdoor advertising so long as said ban is consistent with applicable State and Federal regulations in accordance with NCGS 136-131.2. 5 From time to time staff has received requests to place advertising signs on telecommunication facilities. To date we have forbidden such placement. Staff believes it is necessary to amend the UDO to include a specific prohibition to avoid uncertainty. 11 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-81 6.12.10 Maintenance All signs, together with braces, guys and other supports shall be kept in good repair. If at any time a sign should be abandoned, declared unsafe, or deemed poorly maintained, the Planning Director shall notify the owner of the sign of such condition. Failure of the owner to correct the maintenance condition shall cause the Planning Director to take appropriate legal action to have the sign removed. 6.12.11 Signs Permitted in All Zoning Districts The following signs are permitted in all zoning districts with the issuance of a zoning compliance permit, in accordance with the requirements of this Section and the additional standards for each sign established herein: (A) Permanent Identification Signs for Subdivisions, Multi-family Developments, Mobile Home Parks, and Schools (1) Identification signs shall not exceed 32 square feet in area and six feet in height. (2) Developments shall be limited to two signs at each point of ingress/egress. (3) Signs shall be placed outside of the site visibility triangle so as not to obstruct the view of traffic. (4) Signs may be illuminated in such a fashion so as not to affect the view of motorists. (B) Signs for Non-profit Organizations on Premise (1) Signs shall not exceed 12 square feet in area. (2) Signs may not display any advertising matter or logo. (3) Signs may not be illuminated. (C) Off-Premise Religious Facility Signs 6 (1) Signs shall identify the name and/or location of a religious facility. (2) Signs shall not exceed six square feet in area and may not be illuminated or contain moving parts. (3) Signs must be placed on a legal lot of record and the applicant shall provide a notarized statement from all owners of property allowing the off-premise sign to be erected on their property. There shall be only one off-premise religious facility sign permitted per parcel and a maximum of two per intersection. (4) The placement of a off-premise religious facility sign shall be treated as an accessory use of property. (D)(C) Special Event Displays (1) Signs or banners shall not exceed 32 square feet in area. (2) All displays must be located outside of the right-of-way and have approval of property owners when located on private property. (3) Pennants 6 Staff is recommending the deletion of this allowance.  The County does not allow off‐site advertising signage for  non‐residential operations but has allowed, under certain circumstances, local churches to erect off‐site directional  signage.  From our reading of the recent US Supreme Court case, Reed versus Town of Gilbert, this type of  regulation is not consistent with the court’s findings (i.e. we prohibit such signage unless same contains wording  associated with the advertising of a church).  12 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-82 (a) Pennants may be displayed during the special event to attract attention but only within 30 feet of the principal area where the special event is occurring. (b) Pennants must be installed at a minimum height of 18 feet above grade to ensure adequate height clearance for vehicles underneath. (4) Portable Signs (a) Sites shall be limited to one portable sign per right-of-way frontage. However, there shall be no more than two portable signs permitted on- site at one time. (b) Signs shall be limited to 16 square feet in area, per sign face. (c) Signs shall be located in accordance with Section 6.12.3(F). (5) Inflatable Signs (a) No more than one inflatable sign shall be permitted on-site at one time. (b) Inflatable signs shall not exceed 25 feet in height. (c) Signs shall be located a minimum of 25 feet from all property lines. (6) Special Event Displays may only be erected for a two week period and must be removed within five days following the event. (E)(D) Signs Advertising Agricultural Products Produced on the Premises (1) Shall not exceed 32 square feet. (2) Shall be limited to two signs per parcel. (F)(E) Temporary Construction and Financial Institution Signs (1) Shall not exceed 24 square feet in area, per sign; (2) May not to exceed two signs per building site; (3) Signs shall be erected only after a Building Permit authorizing construction on- site has been issued; and (4) Signs must be removed within seven days after construction work has been completed and the certificate of occupancy has been issued. (G)(F) Directional/Informational Signs (1) May be displayed on parcels of property utilized for non-residential purposes. (2) May not exceed two square feet in area. (3) May contain corporate logos or other similar graphical displays so long as they provide some necessary information to patrons (i.e. entrance and exit locations, one-way entrance ways, drive through entranceways, ATM location, etc.). (4) A maximum of three directional/informational signs may be displayed on a non- residential parcel of property. (H)(G) Temporary Real Estate Signs, in excess of four square feet in area (1) One sign shall be permitted per building site, not to exceed 24 square feet in area. (2) Signs shall not be placed within any public street right-of-way. (3) Signs must be removed after property has been transferred. (I)(H) Landmark Signs Signs shall be erected only after the historical significance of the particular site has been verified and that proposed location of the sign has been approved by the Orange County 13 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-83 Planning Department and all other related agencies (i.e. NC Department of Transportation). 6.12.12 Signs Permitted in Specific Zoning Districts The following signs shall be permitted in the zoning districts indicated, in accordance with all other provisions of this Section and specific standards for each sign established herein: (A) On-Premise Commercial Signs (1) These signs shall comply with all state and county building codes and the National Electric Code. Clearance of signs is required from high voltage power lines and signs shall be located in such a way that they will maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electric Code specifications, provided that no sign shall be installed closer than ten feet horizontally or vertically from any conductor or public utility guy wire. (2) On-premise commercial signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3, GC-4, EC-5, OI, EI, I-1, I-2, I-3, AS, MPD-CZ, MHP- CZ, ASE-CZ, REDA-CZ7 and all of the Economic Development zoning districts. (3) All oOn-premise commercial signs shall be setback a minimum of ten feet from the front, side, and rearall property lines or and the edge of any existing or projected street right-of-way line whichever is greater. Signs greater than 32 square feet, as allowed herein, shall be setback an additional 5 feet. 8In cases where a property abuts a residential zoned parcel of property, the side or rear yard setback requirement shall be doubled. (4) Number of Signs Permitted (a) One on-premise commercial sign shall be permitted per parcel. However, one additional on-premise commercial sign may be permitted for parcels with frontage on more than one right-of-way in accordance with the provisions of this Section. (b) Under no circumstances shall more than one three-dimensional sign be permitted on-site. (c) For multi-tenant buildings and/or sites permitted as a conditional use or conditional zoning district, additional on-premise commercial signs or sign area may be permitted by the Board of County Commissioners with the approval of a master sign plan. (5) Height of Signs (a) Pole signs shall be limited to a height of 24 feet with a mandatory ground clearance of eight feet from the normal or finished grade elevation of the property at the base of the sign. Pole signs shall be mounted on 2 posts or masts. 9 (b) Ground signs shall not exceed six feet in height from the normal or finished grade elevation of the property at the base of the sign (6) The allowable area for on-premise commercial signs shall be determined as 7 We are adding references to the recently adopted Agricultural Support Enterprises Conditional Zoning District  (ASE‐CZ) and the Rural Economic Development Area Conditional Zoning District (REDA‐CZ).  This is to ensure  freestanding signage can be erected on property.  8 Staff is recommending the imposition of a larger setback in those instances were a larger free-standing sign is allowed.    9 This requirement is currently referenced within the definition section of the UDO. We are moving it here as regulation(s) are more appropriate within the various, applicable, sections rather than being contained within definitions. 14 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-84 follows: (a) Single or double-faced signs shall not exceed 32 square feet in area, per sign face except for parcels zoned CC-3, GC-4, O/I, I-2, I-3, AS, and MPD-CZ that: (i) Are larger than 40,000 square feet in area, and (ii) Have more than 300 feet of linear frontage along a NC Department of Transportation (NC DOT) maintained roadway. In these instances signs shall not exceed 64 square feet in area per sign face. 10 (b) For parcels within Economic Development district(s), allowable sign area shall be in accordance with Section 6.12.14 of this Ordinance. 11 (b)(c) Three-dimensional signs shall not exceed a maximum volume of 54 cubic feet with no dimension exceeding six feet. Figure 6.12.12.A.6: Three-Dimensional Sign Allowable Volume NOTE: L x W x H may not exceed 54 cubic feet with no dimension exceeding 6 feet. (7) An on-premise commercial sign may contain a changeable copy sign as defined in this Ordinance. However, the total sign area, including the area of changeable copy, shall not exceed the maximum allowable area established in Section 6.12.12(A)(6)(a) above. (8) No on-premise commercial sign shall be oriented is such a manner as to be directly visible from a major transportation corridor as established in this Ordinance. 10 This would only allow larger signs on property located in the ‘urban’ areas of the County (i.e, along US Highway 70, the Efland-Mebane-Buckhorn area, Hillsborough and Eno EDD’s) and would not include rural nodes (i.e. Rural Neighborhood, Industrial, etc.).  The typical width of a non-residential general use zoning district (i.e. amount of road frontage) is approximately 75 feet. A larger sign shall only be allowed if the project is located within an identified Activity Node, where we encourage large-scale non-residential development, and the lot has sufficient road frontage to accommodate a larger sign yet be proportional to the property.  11 We are establishing the necessary reference(s) to the provisions of the UDO regulating allowable sign area within our various Economic Development districts. 15 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-85 (B) Off-Premise Commercial Signs (1) These signs shall comply with all state and county building codes and the National Electric Code. Clearance of signs is required from high voltage power lines and signs shall be located in such a way that they will maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electric Code specifications, provided that no sign shall be installed closer than ten feet horizontally or vertically from any conductor or public utility guy wire. (2) Off-premise commercial signs (billboards) shall be permitted within the GC-4, EC-5, I-1, and I-2 zoning districts. (3) No electric tap outs allowing for an independent light source to receive power shall be allowed. (4) Off-premise commercial signs shall be considered the principal use of property. There shall be no additional principal uses allowed on the same parcel. Off- premise commercial signs shall not be permitted as accessory uses. (5) No off-premise commercial sign shall be located closer than 200 feet to the right- of-way of major thoroughfares (i.e. US 70, NC 86, NC 40, and NC 57) and 600 feet to the right-of-way for all other thoroughfares and streets. (6) The height of an off-premise commercial sign shall not exceed 25 feet from the grade of the right-of-way or surface grade beneath the sign, whichever is less. The clearance of an off-premise sign shall not be less than eight feet from the grade of the right-of-way or surface grade beneath the sign, whichever is less. (7) Off-premise commercial signs shall be limited to 480 square feet of sign area. (8) In no case shall an off-premise commercial sign be located closer than 1,000 feet to an existing off-premise commercial sign. (9) Off-premise commercial signs are prohibited within the Major Transportation Corridor (MTC) overlay district. (10) No person may, for the purpose of increasing or enhancing the visibility of any off-premises commercial sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation in the following locations: (a) Within the right-of-way of any public street or road, unless the work is done pursuant to the express written authorization of the North Carolina Department of Transportation; (b) On property that is not under the ownership or control of the person responsible for such work, unless the work is done pursuant to the express authorization of the property owner where the vegetation is located; and, (c) In any area where such vegetation is required to remain under a permit issued in accordance with this Ordinance. (C) Wall Signs (1) Shall either be mounted or painted on a building. (2) Wall signs may be internally illuminated and shall comply with all applicable state and county building codes and the National Electric Code. (3) Wall Signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3, GC-4, EC-5, OI, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ and all of the Economic Development zoning districts. (4) All wall signs shall be offset a minimum of ten feet from the corner of the building on which it is mounted. 16 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-86 (5) Wall signs shall not protrude more than 12 inches from the face of building on which it is mounted. (6) Number of Signs Permitted (a) Only one wall sign shall be permitted per building facade. In cases where a building is located on a corner lot, an additional wall sign may be permitted on the building wall facing the second street right-of-way, subject to the requirements of this Ordinance. (b) For multi-tenant buildings permitted as a conditional use or conditional zoning district additional wall signs may be permitted by the Board of County Commissioners. (7) The allowable sign area shall be determined as follows: One square foot of sign area for every ½ foot of building length facing a public right-of-way, not to exceed 32 square feet except for parcels zoned CC-3, GC-4, O/I, I-2, I-3, AS, and MPD-CZ that: (a) Are larger than 40,000 square feet in area, and (b) Contain a structure with more than 100 linear feet of building length facing a public right-of-way, and (c) Have more than 300 feet of linear frontage along a NC Department of Transportation (NC DOT) maintained roadway In these instances signs shall not exceed 64 square feet in area per sign face. (d) For parcels within Economic Development district(s), allowable sign area shall be in accordance with Section 6.12.14 of this Ordinance. (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 building to which it is attached. (D) Projecting Signs (1) Projecting signs shall be mounted on a building. (2) Projecting signs may be internally illuminated and shall comply with all applicable state and county building codes and the National Electric Code. (3) Projecting signs shall be permitted within the following zoning districts: LC-1, NC- 2, CC-3, GC-4, EC-5, OI, EI, I-1, I-2, I-3, AS, MPD-CZ and all of the Economic Development zoning districts. (4) Projecting signs shall adhere to the minimum setback requirements established for all structures within the zoning district in which it is located. (5) Only one projecting signs shall be permitted per building facade even in cases of a building located on a corner lot. (6) The allowable sign area shall be determined as follows: (a) One square foot of sign area for every ½ foot of building length, facing a public right-of-way, not to exceed 32 square feet in area. (7) Projecting signs shall clear sidewalks and pedestrian paths by a height of at least ten feet above finished grade. (8) Projecting signs shall not extend above the soffit, parapet, or eave line of the building to which it is attached. (9) Projecting signs shall not be located at the corner of a building except at right angles to the building façade. 17 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-87 (E) Window Signs (1) Window signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3, GC-4, EC-5, OI, EI, I-1, I-2, I-3, AS, MPD-CZ and all of the Economic Development zoning districts. (2) Window signs shall be limited to a maximum of 30% of the total window area where the sign is to be located. (3) Window signs may be utilized for advertising specials or sales within the business, or displaying the name and other pertinent business information associated with the principal use. (4) Signs may be etched, painted or otherwise attached to be made a permanent addition to the pane of glass. (F) Awning Signs (1) Awning signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3, GC-4, EC-5, OI, EI, I-1, I-2, I-3, AS, MPD-CZ and all of the Economic Development zoning districts. See Section 6.12.14(E) for additional standards for Awning Signs located in Economic Development Districts. (2) Awning Signs shall be located above the main entrance to a nonresidential land use and shall contain the name of the use. (3) Awning Sign area shall be limited to a maximum of 50% of the total awning area erected over the entrance of a nonresidential land use. Where an awning sign is utilized at a multi-use development, the amount of sign area shall be computed as part of the overall sign area allotted to wall signs, not to exceed 50% of the total awning area. (G) Drive-Through Menu Signs (1) Applicants must establish to the satisfaction of the Planning Director that a drive- through menu sign is considered a customary accessory use to the principal business on the property and is necessary for the normal operations of the commercial operation. (2) Signs shall be limited to 32 square feet in area. (3) No external illumination shall be permitted. (4) A land use that utilizes such a sign shall also be permitted an independent speaker box, no greater than 12 square feet in area with a height no greater that four feet. 6.12.13 Sign Standards for Specific Uses In addition to the requirements contained herein, the following land uses shall adhere to these additional standards: (A) Changeable Copy Signs Utilized by Churches or Public Entities (1) Shall not exceed 32 square feet in area. (2) Bulletin boards/reader boards may be internally illuminated. (B) Service Stations/Gas Station (1) Signs may be erected above gas pumps subject to the following standards: (a) No internal or external illumination shall be permitted; (b) Signs shall be limited to four square feet in area; and 18 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-88 (c) Signs must advertise items for sale on the property. Under no circumstances may a sign advertise a sale, activity, business, or product not associated with the principal use of property. (2) Signs may be erected on the canopy covering gas pumps subject to the following standards: (a) Advertising material shall be limited to trademarks, logos, and the name of the service station or other similar display. (b) Such displays shall be limited to six square feet of area. (3) The advertisement of gas prices may be displayed electronically as part of an approved on-premise sign. (C) Yard Sales/Garage (1) Signs shall be erected on the property where the sale is taking place. (2) Signs shall be limited to four square feet of area. (3) No off-site displays shall be permitted. (4) Signs shall be removed no later than sunset of the day the event occurs. (D) Institutional Uses and Private Parks Located within Residential Zoning Districts (1) One ground and one wall sign shall be permitted; (2) Maximum sign area shall be 32 square feet per sign face; and (3) No ground sign shall exceed six feet in height. (E) Home Occupations (1) The Home Occupation shall have a valid Zoning Compliance Permit issued by Orange County; (2) There shall only be one sign limited to eight square feet in area and four feet in height; (3) Such sign shall not be illuminated by any means; (4) Sign shall not be located within any public street right-of-way, sight visibility triangle, easement, vehicular area or other similar area; and (5) The sign message shall be limited to the business name and telephone number. (F) Parks, Public and Non-profit; Recreational Facilities, Non-Profit; Recreational Facilities, Golf Courses; and Recreational Facilities, Profit (1) Purpose and Intent (a) Unlike signs for non-residential development(s), signs for recreational land uses are intended to serve a different function and purpose. Signs within these types of land uses are intended to provide essential information concerning: (i) Rules and regulations governing the operation of the facility; (ii) Educational information identifying unique aspects of the facility, the property itself, or significant environmental features that are located on the property; and (iii) Identification of sponsors or public/private partnerships that are responsible for the development, upkeep, and maintenance of existing recreational amenities. 19 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-91 (iv) Informational kiosks may be internally illuminated or have external illumination installed consistent with the provisions of this Ordinance. (v) Informational kiosks shall be ground mounted, not to exceed seven feet in height, exclusive of architectural supports or housing. (vi) Informational kiosks shall be located a minimum of five feet from any active recreational activity fields (i.e. soccer, baseball, football, etc) or one foot from any established nature, man-made trail, and/or passive recreational area. (vii) Informational kiosks shall be set back a minimum of ten feet from all property lines. (viii) An informational kiosk may contain the name, logo, or slogan of a sponsor that is responsible for the development/upkeep/maintenance of the recreational amenity subject to the following limitations: a. The name and/or logo of a sponsor shall not take up more than 20% of the total kiosk area. b. No other advertising material shall be permitted on the kiosk. (e) Directional Signs (i) Shall be allowed in an effort to provide information to visitors on the location of recreational amenities or offices located on the property. (ii) Directional signs shall be limited to six square feet in area. (iii) Directional signs shall not include any advertising material. (iv) All directional signs shall be ground mounted signs not exceeding seven feet in height. (v) All directional signs shall be located a minimum of five feet from any active recreational activity field or one feet from any established nature or man-made trail, and shall be set back a minimum of ten feet from all property lines, (f) Scoreboards (i) One scoreboard, not to exceed 144 square feet, shall be permitted for each athletic field 6.12.14 Additional Standards for Economic Development Districts In addition to the overall sign standards established herein, the following specific standards shall apply in the Economic Development Districts: (A) General Standards (1) A sign plan must be submitted and approved as part of the comprehensive site plan or master plan. (2) For multiple use sites or buildings, unified directional/informational signs and the use of coordinated individual wall signs is the preferred approach to business identification. (3) Sign colors must not be overpowering but must accent the building which the sign identifies or on which it is mounted. 20 Article 6: Development Standards Section 6.12: Signs Orange County, North Carolina – Unified Development Ordinance Page 6-92 (4) The light from an illuminated sign must not be permitted to shine into any road right-of-way or across property lines. (5) In addition to the prohibited signs in Section 6.12.6, the following types of signs are prohibited in the Economic Development Districts: off premises advertising signs, billboards, inflatable, and portable signs. (B) Identification Signs (1) Freestanding IdentificationOn-premise Commercial Signs 12 (a) Only one freestanding identificationon-premise commercial sign is permitted for each development. However, a second sign may be permitted where a site has more than one vehicular entrance on different sides of the building. (b) An freestanding identificationon-premise commercial sign must be placed perpendicular to approaching vehicular traffic so that it is clearly visible and does not obstruct the view of any other identification or information sign. (c) An freestanding identificationon-premise commercial sign must be located at least 10-feet from any property line or driveway. (2) Buckhorn EDD & Eno EDD Only The following criteria shall govern the number, size, and height of identification signs in the Buckhorn and Eno EDDs: TABLE 6.12.14.B.3: BUCKHORN AND ENO EDD IDENTIFICATION SIGN STANDARDS Maximum Number of Signs 3 per use Maximum Number of Freestanding On-premise Commercial Signs 1 per use Maximum Total Square Footage of All Signs 200 sq. ft. Maximum Size of Any Sign 75 sq. ft. Maximum Height of Any Sign 12 ft. 13 (C) Directional/Informational Signs In lieu of the requirements contained in Section 6.12.11(G), the following requirements shall apply to Directional/Informational signs located in Economic Development Districts: (1) Information signs must be placed perpendicular to approaching traffic so that they are visible and legible. (2) Signs must be located outside of the site visibility triangle. (3) Information signs must be positioned to avoid confusing backgrounds, particularly when they are intended to direct vehicular traffic on or to-and-from the site. (4) Information signs may be placed no closer than six feet to the edge of a road or drive, and, in no case, may they be located within a street right-of-way unless they are erected by a governmental agency. (5) Information signs may not exceed four feet in height. 12 Staff is modifying existing language to ensure we are using consistent language throughout the UDO when identifying a sign. 13 We are keeping the height of signs erected within our Economic Development Districts the same. From our standpoint there was a conscious decision by the County to have different allowable signs heights for projects in and outside of Economic Development districts and we are going to preserve this distinction. 21 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-29 Open Burning Of Trees, Limbs, Stumps And Construction Debris Associated With The Permitted Activity The disposal of limbs, stumps and construction debris associated with the permitted activity by means of outdoor fires. Open Space - (flexible development) "Primary Conservation Areas" and "Secondary Conservation Areas", as defined in Section 7.13, which are preserved through conservation easements or other restrictions in a flexible development subdivision. Open Space - (land use intensity) A. Open space is the total horizontal area of uncovered open space plus half the total horizontal area of covered open space subject to limitations set forth below. B. Uncovered open space is total gross land area not covered by buildings, plus open exterior balconies and roof areas improved as recreation space. C. Covered open space is usable open space closed to the sky, but having two clear unobstructed open or partially open sides. Partially open sides is to be construed as 50% or more. Examples of covered space are covered balconies, covered portions of improved roof areas, or space under buildings supported on columns or posts or cantilevered. The square footage countable as covered open space shall not exceed the square footage of the open space sides. Open Space Ratio The minimum square footage of open space required for each square foot of gross land area. This area includes parking and vehicular access areas and it can also include balconies, and roofs improved for recreation. Outdoor Advertising See Sign, Off-premise Commercial Outdoor Advertising Industry The organizations that provide outdoor displays or display space on a lease or rental basis. Outdoor Lighting Installation of lighting equipment, whether attached to poles, building structures, the earth, or any other location to allow for the illumination of a building and exterior area(s) within the confines of a defined property line. Included are open air spaces on a property, which are under a roof or other cover and not fully enclosed such as a canopy, pavilion, drive-through bay, or parking deck. Outdoor Lighting, Cutoff Fixture A fixture shielded or constructed in such a manner that no more than 2 ½% of the total light emitted by the fixture is projected above the horizontal plane of the fixture. Outdoor Lighting, Direct Light Light emitted directly from the lamp, off of the reflector diffuser, or through the refractor or diffuser lens, of a luminaire. Outdoor Lighting, Fixture The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens. Outdoor Lighting, Flood Lamp A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting. 22 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-44 A sign structure advertising an establishment, merchandise, service, or entertainment that is not sold, produced, manufactured, or furnished at the property on which said sign is located. This definition includes billboards and other similar outdoor advertising mechanisms.  Example of an off-premise commercial sign includes: Sign, Off-Premise Religious A sign located off the property of a religious facility intended to provide directional information as to the location of a specific religious facility. Such signs shall only be erected at major roadway intersections and contain the name and address of the facility as well as a directional arrow to provide motorists an idea of which road is necessary to access the facility. Sign, On-Premise Commercial A sign that pertains to the use of the premises where it is located and can include pole mounted and/or ground;monument signs. On-Premise Commercial Signs can contain changeable copy or a reader board so long as the total square footage allowed for the sign is not exceeded. For the purpose of this ordinance, pole mounted signs shall not be permitted. Pole mounted signs shall be considered signs mounted on a single pole or mast rather than on two posts or poles or ground mounted. 14  Examples of on-premise commercial signs include: Sign Owner A person recorded as such on official records. The owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Planning Director (e.g., a sign leased from a sign company). Sign, Pole A sign that is elevated above the ground by one or more upright supports placed upon the ground and not attached to any part of a building. Sign, Political For the purposes of this Ordinance, a sign used in connection with a local, state, or national election or referendum. Sign, Portable 14 Standard moved to Section 6.12.12 (5) (a)   23