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
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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.
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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:
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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
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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.
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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
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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.
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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.
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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.
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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.
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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