CHAPTER 9B: TEMPORARY SIGNS 9B.1 GENERAL PROVISIONS 9B.1.1 Definitions 9B.1.2 Purposes and Effect General Purpose Relationship to Land Use Plan (C) Effect 9B.1.3 Applicability General Temporary Signs Exempt From Regulations (C) Prohibited Signs and Devices 9B.1.4 Rules of Interpretation Meanings of Words and Phrases Relationship to Land Development Ordinance and Town Code (C) Relationship between Chapters 9, 9A, and 9B 9B.1.5 Permits Required Temporary Sign Permits Building Permits 9B.1.6 [Reserved] 9B.1.7 Violations and Enforcement General Removal of Signs Creating Traffic Hazard (C) Removal of Unauthorized Signs in Public Right-of-Way 9B.1.8 Substitution of Messages 9B.1.9 Content Neutrality 9B.1.10 Calculations Area Calculations Sign Height Computation 9B.1.11 Illumination 9B.2 PERMITTED TEMPORARY SIGNS Election Signs Agricultural Signs (C) Temporary Alternative to Permanent Wall Sign (D) Real Estate Sign (E) Subdivision/Construction Marketing Signs (F) Sandwich Board Sign (G) Signs for Temporary Uses, Structures, Sales or Events (H) Free Expression Signs (I) Window Sign 9B.3 SEVERABILITY Supp. No. 28 LDO 9B-1
CARY LAND DEVELOPMENT ORDINANCE Supp. No. 12 LDO 9B-2
TEMPORARY SIGNS 9B.1.2 Chapter 9B: TEMPORARY SIGNS 9B.1 GENERAL PROVISIONS 9B.1.1 Definitions For the purpose of this Chapter 9B, the following terms shall be defined as follows Banner means any sign or string of one (1) or more signs, usually made of cloth or other lightweight material, including but not limited to balloons and pennants, which is or are used to attract attention, whether or not imprinted with words or characters. Flags shall not be considered banners. Flag means any fabric or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol that does not contain a commercial message, and that is displayed on a flagpole. (See also Flag, Ornamental). Flag, Ornamental means any fabric or similar material containing patterns, drawings or symbols used for decorative purposes and designed to be flown as a flag. Holiday and Seasonal Decorations means decorations that pertain to legally or otherwise recognized holidays or to a season of the year. Sign, Free Expression means a sign communicating information or views on matters of public policy or public concern, or containing any other non-commercial message that is otherwise lawful. Sign, Election means a temporary sign on private property that consists of a poster, placard, board, banner or other similar medium that contains a message related to a matter of public interest, including but not limited to a candidate for office or a ballot issue, but containing no commercial message. Sign, Temporary means a sign intended for a use not permanent in nature. For the purposes of this Chapter 9B, a sign which is intended for use of one (1) year or less, unless otherwise allowed in this Chapter 9B or Chapter 5, shall be deemed a temporary sign. Sign means any device, fixture, placard or structure, that uses any color, form, graphic, illumination, symbol, or writing to advertise, attract attention, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. The following shall not be considered signs subject to the regulations of Chapter 9B of this Ordinance: holiday and seasonal decorations. 9B.1.2 Purposes and Effect General Purpose The purposes of these temporary sign regulations are: (1) to encourage the effective use of signs as a means of communication in the Town; Supp. No. 12 LDO 9B-3
9B.1.2 CARY LAND DEVELOPMENT ORDINANCE (2) to maintain and enhance the pleasing look of the Town, which attracts to the Town major events of regional, national and international interest; (3) to preserve Cary as a community that is attractive to business; (4) to improve pedestrian and traffic safety; (5) to minimize the possible adverse effects of signs on nearby public and private property; and (6) to implement relevant provisions of the Comprehensive Plan. Relationship to Land Use Plan A major emphasis of the Town's Land Use Plan, as subsequently amended from time to time) is on the design of the community. In particular, Element 7 of the Plan provides design guidelines recognizing expressly that "careful attention to attractive and citizen friendly urban design is in the economic interest of a municipality, its citizens, and business owners. Attractive and integrated urban design features tend to improve a Town's image, raise overall property values, attract new business and residents, and improve the quality of life. (C) Effect (1) To provide for temporary signs in limited circumstances; and (2) To provide for the enforcement of the provisions of this Chapter 9B. 9B.1.3 Applicability General This Chapter 9B applies to temporary signs on property located in all zoning districts, except parcels containing a single single-family residence or duplex. Furthermore, Chapter 9B does not apply to windows and doors of individual dwelling units within multi-family residential developments or mixed use buildings. Provisions of Chapter 9 shall continue to apply to all parcels containing a single-family residence or duplex. A temporary sign may be erected, placed, established, painted, created or maintained in the Town only in conformance with the standards, procedures, exemptions and other requirements of this chapter. Temporary signs exempt from regulation under Section 9B.1.3 shall not otherwise be subject to this chapter. Temporary Signs Exempt From Regulations The following temporary signs shall be exempt from regulation under this chapter: (1) Any official or public notice or warning required by a valid and applicable federal, state or local law, regulation or chapter, by a public utility company or by order of a court of competent jurisdiction. Supp. No. 12 LDO 9B-4
TEMPORARY SIGNS 9B.1.4 (2) Any sign inside a building, not attached to a window or door, that is not visible from off the site on which it is located. (3) Any sign inside a breezeway or entranceway, under the roof and within the foundation line of the building but outside the actual entrance door where such sign cannot be seen by a person of ordinary eyesight who is not under the roof of the building or is otherwise outside the building. (4) Any sign inside an athletic field or other enclosed outdoor space, where the sign is not legible from more than three (3) feet beyond the lot line of the site on which it is located. (5) Signs erected on behalf of a governmental or quasi-governmental agency on public property, including, but not limited to, governmental offices and transit stations, for the purpose of site identification, to identify public property, convey public information and to direct or regulate pedestrian or vehicular traffic. (6) Signs on single-use properties, where the sign is not visible from a public right-of-way or adjacent residential property. (C) Prohibited Signs and Devices Signs specifically prohibited per Section 9A.1.3(C) of this Ordinance are prohibited as temporary signs and devices unless specified otherwise in this Chapter 9B. 9B.1.4 Rules of Interpretation Meanings of Words and Phrases Words and phrases used in this chapter shall have the meanings set forth in this Article. Words and phrases not defined in this chapter but defined elsewhere in the LDO or Town Code shall be given the meanings set forth there. All other words and phrases shall be given their common, ordinary meanings, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this chapter. Illustrations included in the code shall be used in interpreting the relevant provisions, but where the text conflicts with an illustration, the text shall control. Relationship to Land Development Ordinance and Town Code To the maximum extent practicable, this chapter shall be interpreted in accordance with rules of interpretation and construction and definitions provided in this Ordinance and Town Code. In case of conflict among them, however, this shall be the order of priority in selecting among apparently conflicting provisions: (1) Where this chapter directly addresses an issue, it shall control over any conflicts. (2) Where this chapter does not directly address an issue or is unclear, the other chapters of this Ordinance shall control over other provisions of the Town Code. Supp. No. 12 LDO 9B-5
9B.1.4 CARY LAND DEVELOPMENT ORDINANCE (3) Where neither this chapter nor other chapters of this Ordinance directly addresses or resolves an issue of interpretation or construction, then this chapter shall be interpreted in the context of the Town Code. (C) Relationship between Chapters 9, 9A, and 9B Chapter 9 remains in effect except as otherwise expressly provided in Chapter 9A (Permanent Signs) and Chapter 9B (Temporary Signs). Chapters 9A and 9B provide additional, separate and complementary regulations to Chapter 9, and will be in effect until December 31, 2012, except as otherwise provided herein. If a temporary sign is prohibited under this Chapter 9B, the same shall not be allowed, even if permitted under Chapter 9. Chapter 9B has no application to parcels containing a single-family residence or duplex, and those parcels shall continue to be governed by Chapter 9. 9B.1.5 Permits Required Temporary Sign Permits If a temporary sign requiring a sign permit under this chapter is to be placed, constructed, erected or modified on a site, the owner of the lot or parcel shall secure a permit prior to the construction, placement, erection or modification of such a sign in accordance with the requirements of this chapter and the procedure listed in Section 3.16. Building Permits The town has no authority to waive or provide variances to the State building code, therefore all signs shall comply with any applicable provisions of the State building code. 9B.1.6 9B.1.7 [Reserved] Violations and Enforcement General Violations of this chapter and enforcement procedures are addressed in Chapter 11. Removal of Signs Creating Traffic Hazard Any signs or light sources deemed to create a traffic hazard per Sections 9A.1.3(C)(13) or 9A.1.3(C)(14) shall be removed at the direction of the Planning Director. If not removed by owners or occupants of the property within ten (10) days of notice, the Director shall cause the signs to be otherwise removed, and the cost of removal shall become a lien against the property until satisfied. (C) Removal of Unauthorized Signs in Public Right-of-Way Any sign placed in the public right-of-way in violation of this Chapter 9B shall be deemed a public nuisance and may be seized by the enforcement official or other representative of the Town, and the person owning or placing the sign may be charged both with a violation of this chapter and with the cost of removing and disposing of the sign. Supp. No. 28 LDO 9B-6
TEMPORARY SIGNS 9B.1.10 9B.1.8 Substitution of Messages Any temporary sign allowed under this Chapter 9B, without a permit, by sign permit, by conditional use permit, or by variance, may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as said sign complies with the size, height, area and other requirements of this Chapter 9B. 9B.1.9 Content Neutrality Notwithstanding anything in this Chapter 9B of this Land Development Ordinance to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure. 9B.1.10 Calculations Area Calculations The allowable sign area for temporary signs shall be calculated as provided below. (1) General The area of a sign face (which is also the sign area of a wall sign or other sign with only one (1) face) shall be computed by encompassing the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, into no more than two (2) abutting rectangles, one (1) of which shall encompass a minimum of seventy-five percent (75%) of the total sign area. (2) Area Computation of Multi-Faced Signs Where the sign faces of a double-faced sign are parallel or the interior angle formed by the faces is sixty (60) degrees or less, only one (1) display face shall be measured in computing sign area. The areas of all faces of a multi-faced sign shall be added together to compute the area of the sign. Sign area of multi-faced signs is calculated based on the principle that all sign elements that can be seen at one (1) time or from one (1) vantage point should be considered in measuring that side of the sign. Double-faced signs that are displayed on gateway entry monuments within Town approved area plans, may be displayed on walls with an interior angle of up to ninety (90) degrees. Sign Height Computation The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases where the normal grade is below grade at street level, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public or private street. Supp. No. 12 LDO 9B-7
9B.1.11 CARY LAND DEVELOPMENT ORDINANCE 9B.1.11 Illumination Temporary signs shall be illuminated only as expressly allowed in this Chapter 9B. (Ord. No. 2011-LDO-02, 4-14-11; Ord. No. 2014-LDO-01, 1-9-14) 9B.2 PERMITTED TEMPORARY SIGNS Temporary signs shall be permitted as provided herein: Election Signs Election signs shall be allowed, without a sign permit, in addition to or as a replacement for other allowed signs, provided that: (1) One (1) sign shall be permitted per individual lot or parcel for each candidate for office or side of a ballot measure or issue; for a lot or parcel with frontage on a second street, one (1) additional sign for each candidate for office or side of a ballot measure or issue shall be permitted. (2) Such signs shall be located on private property and not within the public right-of-way or affixed to any improvement within such right-of-way (median, utility pole, traffic control device, bridge, guardrail, or other safety barrier), within a required sight distance triangle, or on Town property or buildings, except within specified proximity of polling places on Election Day and the prior period of early voting, under rules established by a county board of elections. (3) Such signs shall be located on private property with the owner's permission or consent. It shall be presumed the property owner has given permission or consents to the sign's placement unless the property owner notifies the Town otherwise. (4) Such a sign shall be removed within ten (10) days following the date of any election or other event to which it refers, except that signs for successful primary election candidates, eligible for the general election, may remain after the primary election. This time limit shall not apply to a sign which does not refer to an election or other event. (5) Such a sign shall not exceed five (5) square feet in area per sign face or forty-two (42) inches in height, except where such sign is erected in place of another type of sign permitted at that location, in which case it may be the same size and subject to the same conditions as such sign. (6) The person, party, or parties responsible for the erection or distribution of any such signs shall be jointly and severally liable for the removal of such signs. (7) The property occupant or, in the case of unoccupied property, the property owner, shall be responsible for violations on a particular property. (8) Such signs shall be subject to the provisions of Section 9A.1.3(C) (Prohibited Signs). Supp. No. 28 LDO 9B-8
TEMPORARY SIGNS 9B.2 Agricultural Signs Signs advertising agricultural products for sale shall be allowed, with approval of a temporary sign permit, provided that: (1) On properties where agricultural products for sale are grown and sold, one (1) such ground sign shall be allowed on roads on which the property has frontage. (2) On other private properties, with the permission of the property owner, provided that: (a) (b) Only agricultural goods grown on-site or property owned by the same establishment selling agricultural products; No more than one (1) such sign may be erected on any other single piece of property; and (c) No person, entity or family shall be entitled to permits for more than four (4) off-premises agricultural signs for any sale location. (3) Such signs may be maintained only during the season while agricultural products are actually for sale at the location and shall in no case remain in place for more than ninety (90) days. (4) Such signs shall not exceed forty-two (42) inches in height and sixteen (16) square feet each in area. (C) Temporary Alternative to Permanent Wall Sign One (1) banner advertising the opening of new businesses or a business undergoing exterior renovation shall be allowed, with approval of a temporary sign permit, as an alternative to a permitted permanent wall sign allowed pursuant to Chapter 9A, provided that: (1) Such signs for new businesses shall be limited to a duration of thirty (30) days within the first sixty (60) days after issuance of the first business license for that business in that location or from the issuance of a Certificate of Occupancy for that location. (2) Such signs for businesses undergoing a façade change or exterior renovation shall be limited to a maximum of ninety (90) days. The Planning Director shall have the authority to extend the duration of the temporary sign permit for new business or businesses undergoing exterior renovation for up to a maximum of sixty (60) days. (3) Such signs shall be attached to and parallel with a wall of the building on which wall signs are permitted and shall not exceed thirty-two (32) square feet in surface area. (D) Real Estate Sign Real estate signs on private property available for sale, rent or lease shall be allowed, without a sign permit, and with the permission of the property owner, provided that: (1) Such sign shall be limited to forty-two (42) inches in height and five (5) square feet in area per side. Supp. No. 12 LDO 9B-9
9B.2 CARY LAND DEVELOPMENT ORDINANCE (2) One (1) such sign shall be allowed on each street frontage. (3) Temporary real estate signs for multi-family residential uses and multi-occupant non-residential uses shall comply with the following: (a) (b) (c) Such signs shall use a combination of burgundy (Color No. 491 C Pantone) and white and shall be set back at least fifteen (15) feet from the back of curb and outside of any public or private right-of-way; or, The colors for such signs shall match the existing principal ground sign, and such sign shall be set back at least fifteen (15) feet from the back of curb and shall be located outside of any public or private right-of-way; or, Such sign shall use the real estate company's colors and be set back at least thirty (30) feet from any public or private right-of-way. (4) Such signs shall be removed within seven (7) days following the closing or settlement of a sale, lease, or rental of the real estate that was offered for sale, lease, or rent. (E) Subdivision/Construction Marketing Signs Temporary marketing signs associated with new subdivision development or site construction shall be allowed, with approval of a temporary sign permit, on sites with a Town-approved site and/or subdivision plan provided that: (1) Such signs shall be permitted in the same location and subject to the same size and other conditions applicable to a "principal ground sign," per Section 9A.3.1(G) except that limitations on the color shall not apply to this type of sign. (2) Such signs shall be removed the earlier of two (2) years from the date of approval of the temporary sign permit, or upon the issuance of Certificates of Occupancy for seventy-five percent (75%) of the subdivision phase or site plan, whichever occurs first. (3) In single-family residential districts, including planned development districts allowing single-family residences, a single construction marketing ground sign shall be permitted as an accessory use to a subdivision real estate sales office, as long as such office is permitted in the LDO and is actually used. Such sign shall not exceed sixteen (16) square feet in area and forty-two (42) inches in height. (F) Sandwich Board Sign One (1) sandwich board sign per street frontage per business shall be allowed, with approval of a sign permit only where such sign is associated with a business located within twelve (12) feet of Town property or a public right-of-way, provided that: (1) Such signs shall be allowed only in the Town Center and Mixed Use Overlay District. (2) The total area of the signboard shall not exceed ten (10) square feet per side. (3) Any sandwich board sign shall not exceed two (2) linear feet in width, with a maximum height of sixty (60) inches. Supp. No. 12 LDO 9B-10
TEMPORARY SIGNS 9B.2 (4) The sign must be constructed of materials that present a finished appearance. Rough-cut plywood is not acceptable. (5) The sign shall be located on the same parcel and within six (6) feet of the building exterior of the business installing the sign and its location shall not interfere with pedestrian or vehicular circulation, including, but not limited to driveways, parking lots, rights-of-way, and public sidewalks. (6) The sign shall be removed at the end of the business day. (7) Any person erecting a sandwich board sign shall indemnify and hold harmless the Town and its officers, agents, and employees from any claim arising out of the presence of the sign on Town property or a public right-of-way. (G) Signs for Temporary Uses, Structures, Sales or Events Temporary signs for temporary activities permitted under Section 5.4 shall be allowed, either with or without a sign permit as specified in Section 5.4, in addition to other signs permitted in this Section 9B.2, provided that: (1) Location Such signs shall be located only on private property, and only on such property where the activity is taking place. (2) Number (3) Size There shall be only one (1) such sign per public street frontage. (a) (b) Such sign, if a ground sign, shall not exceed forty-two (42) inches in height and sixteen (16) square feet in area per side. Such sign, if attached to a wall, shall not exceed thirty-two (32) square feet in area per side. (4) Duration Such signs shall be erected no sooner than five (5) days prior to and shall be removed no later than one (1) day following the activity. (H) Free Expression Signs One (1) free expression sign per lot or parcel shall be allowed, without a sign permit, and in addition to or as a replacement for other allowed signs, provided that such sign shall not exceed five (5) square feet in area per side and forty-two (42) inches in height. Supp. No. 16 LDO 9B-11
9B.2 CARY LAND DEVELOPMENT ORDINANCE (I) Window Sign Signs shall be allowed on the inside or outside of window glass of non-residential properties provided that they cover no more than twenty-five (25) percent of the gross glass area on any one (1) side of the building and they are not separately illuminated. Signs permanently affixed to the external side of windows shall be a medium or premium grade vinyl, digital image using solvent coloring, or other similar type material and shall be maintained in good order. (Ord. No. 2011-LDO-02, 4-14-11; Ord. No. 12-LDO-01, 2-23-12) 9B.3 SEVERABILITY If any court of competent jurisdiction invalidates any section, subsection, sentence, clause, phrase, word or portion ('portion') of this Chapter 9B, then such judgment shall not affect the validity and continued enforcement of any other portion of Chapter 9, Chapter 9B, or the LDO and all remaining portions shall remain in full force and effect. Severability is expressly intended throughout and within the provisions of this Chapter 9B even if such severability would result in a situation where there would be less speech, such as by subjecting previously exempt signs to that chapter. Without diminishing or limiting in any way the declaration of severability set forth above, if any section, subsection, sentence, clause, phrase, word or portion of this Chapter 9B is declared or held to be unconstitutional or invalid by any court of competent jurisdiction, such declaration or holding shall not affect any other section, subsection, sentence, clause, phrase, word or portion of this Chapter 9B or any other portion of the LDO that pertains to prohibited signs. (Ord. No. 2011-LDO-02, 4-14-11) Supp. No. 16 LDO 9B-12