August 14, 2006 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 587 Meeting of the Johnston County Board of Commissioners August 14 , 2006 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , August 14 , 2006 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , April N Byrd , Clerk to the Board , J Mark Payne , County Attorney , and Deva C Holt , Deputy Clerk 1 Public Comments No one spoke at this time 2 Public Hearing - 6 00 pm - Sign Ordinance Advertised July 28 , August 4 , 2006 The Smithfield Herald The Chairman opened the public hearing , and stated the purpose of the hearing is to hear public comment on the proposed amendments to the Johnston County Code of Ordinances – Sections 14 - 501 , 14 - 502 , 14 - 503 , 14 - 504 , 14 - 506 , 14 - 507 , 14 - 508 , 14 - 509 , 14 - 510 , and 14 - 514 regarding the County’s Sign Ordinance Berry Gray , Interim Planning and Zoning Director , informed the Board that in 2005 , the Planning Board Chairman appointed a sub - committee to look at needed revisions to the County’s Sign Ordinance Participants in the discussion included Planning Board members , representatives from the Home Builders and Realtors Associations , and Planning staff The Planning Board voted unanimously to recommend approval of the proposed changes Mr Gray noted the proposed changes include numerous clarifications , grammar mistakes , definition additions , and adjustments He pointed out the following most extensive changes in the code 1 Addition of numerous definitions to provide clarification 2 Adjustments to Commercial District Signs Current Proposed a Pole Sign 80 sq ft 20 ft high 40 sq ft 15 ft high b Monument Sign 60 sq ft 8 ft high 60 sq ft 6 ft high c Ground Sign 60 sq ft 4 ft high 60 sq ft 6 ft high 3 Adjustments to Interstate Highway District Signs Current Proposed a Pole Sign 200 sq ft 75 ft high 100 sq ft 50 ft high b Monument Sign 200 sq ft 75 ft high 100 sq ft 16 ft high c Ground Sign 200 sq ft 75 ft high 100 sq ft 12 ft high 4 Adjustments to Outdoor Advertising Signs Billboards – Propose to prohibit billboards along the new US 70 Bypass around Clayton The current code allows billboards only along I 95 and US 70 Further , Mr Gray stated that General Business , Industrial 1 , or Industrial 2 zoning is required for the construction of a billboard Currently , none of these districts exist along the US 70 Bypass , with the exception of one small area In response to a question from Commissioner DeVan Barbour regarding how the proposed changes will affect existing signs , Mr Gray stated existing signs would become non - conforming signs , however , they will not be touched If the signs are damaged 50 or more , the owners will have to be bring them up to today’s standards In response to a comment from Chairman Pope , Mr Gray noted staff does not typically receive requests for 200 sq ft signs in the Interstate Highway Districts , and felt a reduction to 100 sq ft will not be an issue at this time Page588 August 14 , 2006 - 6 00 pm Continued Commissioner Wade M Stewart noted there had been issues in the past concerning the County’s Sign Ordinance , and he feels there will be more issues in the future He asked whether staff had addressed possible situations where a sign might be damaged by severe inclement weather ie tornados , hurricanes In his opinion , there is a distinct difference between a sign not being maintained under normal conditions , and a sign being damaged by severe inclement weather Commissioner Stewart suggested there should be provisions made for these specific situations Mr Gray responded the committee did not discuss damage as a result of inclement weather Commissioner Allen L Mims , Jr added , as the ordinance reads now , in the case of a sign being damaged beyond 50 as a result of inclement weather , the new sign will have to meet today’s code standards Mr Gray reiterated the proposed adjustments will only prohibit billboards on the US 70 Bypass from being replaced ; currently , there are no signs on the US 70 Bypass Other billboards ie along Interstate 95 and the current Highway 70 that become damaged will have to be built back to comply with the new size and height requirements County Manager Rick Hester asked if the Town of Clayton will be prohibiting billboards along the US 70 Bypass , since some of the bypass is in their jurisdiction Commissioner Allen L Mims , Jr stated that in the past Clayton has allowed the billboards to stay that are located in the Town’s ETJ , but not those in the corporate limits In response to questions from Commissioner Barbour , Mr Gray noted some of the current pole signs are the maximum height of 75 ft eg McDonalds at Interstate 40 Highway 210 interchange He stated the committee looked at the code for clarification purposes , and in doing so , they specifically looked at the size and height requirements Further , the committee wanted to promote more monument and ground signs Mr Gray commented that staff had not received many complaints in the past regarding the ordinance Commissioner Stewart asked if the committee considered the topography at certain interchanges Mr Gray responded the committee did not discuss topography , however , the Board of Adjustment could approve a variance if there was a hardship in a particular situation In response to a question from Commissioner Jeffrey P Carver , Mr Gray noted the Homebuilders and Realtors Associations did participate in the discussions , and they appeared to have no problem with the proposed changes There being no further comments , the Chairman closed the public hearing Discussion Commissioner Carver commented the Planning Board put a lot of time and effort into the proposed changes Commissioner Stewart stated that he would like to have the opportunity to discuss the proposed changes with some folks that work in the sign business Motion & Vote Commissioner Jeffrey P Carver moved the Board adopt the proposed amendments , as outlined below , to the Johnston County Code of Ordinances - Sections 14 - 501 , 14 - 502 , 14 - 503 , 14 - 504 , 14 - 506 , 14 - 507 , 14 - 508 , 14 - 509 , 14 - 510 , and 14 - 514 Commissioner Allen L Mims , Jr seconded the motion , which carried by the following vote Ayes Commissioners Allen L Mims , Jr , W Ray Woodall , Jeffrey P Carver , and Tony Braswell Nays Commissioners Cookie Pope , Wade M Stewart , and DeVan Barbour th The vote failed to carry by unanimous vote , therefore , a second vote will take place at the September 5 6 00 pm board meeting Proposed new text is bolded ; text to be deleted has a double strikethroughPage589 August 14 , 2006 - 6 00 pm Continued ARTICLE IX - SIGNS Sec 14 - 501 Intent It is the intent of this article to authorize the use of signs with size , layout , legibility , and location and arrangements compatible with their surroundings ; appropriate to the identity of individual properties or occupants or of the community ; and appropriate to traffic safety More specifically , this Article is intended to a Enhance and protect the physical appearance of the community b Ensure that signs are located and designed to reduce sign distraction and confusion that may be contributing factors in traffic congestion and accidents , and maintain a safe and orderly pedestrian and vehicular environment c Provide review procedures that enable the County to comprehensively evaluate the appropriateness of a sign to the site , building , and surroundings d Prohibit all signs not expressly permitted by this Article Ord of 7 - 10 - 2000 , § 111 Sec 14 - 502 Definitions The following words , terms , and phrases , when used in this Article , shall have the meanings ascribed to them in this section , except where the context clearly indicates a different meaning a Awning or Canopy Sign A sign that is attached to , or made a part of , an awning , canopy , or other fabric , plastic , or structural protective cover , such as over a door , window , or other opening to a building or over a gas pump An awning or canopy sign is a type of wall sign when calculating wall sign area b Banner Sign Any non - rigid linear or rope - like sign usually made of cloth , plastic , or canvas and has no enclosing framework that is mounted or attached to a building , object , or the ground A pennant is a triangular - shaped banner that might be blank or might display images or words A ribbon is a rectangular - shaped banner might be blank or might display images or words A streamer may have multiple banners , pennants , and or ribbons attached and is stretched or hung between two or more points National or state flags or the official flag of any institution shall not be considered banners c Billboard Sign An off - site sign that advertises an establishment , merchandise , service , or entertainment that is not sold , produced , manufactured , or furnished at the property on which said sign is located Also known as an Outdoor Advertising Sign d Building Marker A cornerstone , a historical marker , or similar sign with letters , words , or insignia cut into the building surface , or otherwise permanently mounted on the building , which convey a memorial , the name of the building , address or date of construction , or similar non - commercial message e Business Identification Sign A freestanding or wall sign that is intended to announce or promote the use , activity , service , or business on the premises of any retail or service business , shopping center , manufacturing establishment , industrial park , or similar Such a sign may include a directory of occupants This does not include any sign that includes any additional information , such as an arrow , map , phone number , For Sale or For Rent , or development amenities f Changeable Copy Sign A freestanding or wall sign or portion of a sign that permits computer - driven or manually - changeable copy that provides non - moving messages and does not change messages more than 4 times per day g Construction Site Sign A temporary sign identifying the name of a subdivision , building , and or public works project or facility and or an architect , engineer , contractor , developer , subcontractor , material supplier , and or similar occupations participating during the time of construction Also known as a Project Construction Site Sign h Directional Sign A sign located at or near the public right - of - way , private street , or public road easement that directs or guides traffic and parking from the street onto a property i Directory Sign A freestanding or wall sign that lists the tenants of a business property or lists informational items for an institutional land use j Flag The colors and or emblem of a government body , association , group , business , or corporation A string of flags is a streamer and is not included in this definition k Freestanding Sign A sign that is permanently embedded and or anchored in the ground , in concrete , or similar This includes a sign that has a decorative foundation or base , such as brick and or stone A freestanding sign is also known as a ground sign , ground - mounted sign , monument sign , or pole sign l Ground Sign A sign that is attached to 2 or more poles that are permanently embedded and or anchored in a decorative foundation or base , such as brick and or stone A ground sign is also known as a ground - mounted sign Height of sign means the vertical height of a ground sign shall be measured from the top of the sign to the ground at the base of the sign or the highway grade level , whichever may be higher m Illuminated Sign A sign with an artificial light source for the purpose of illuminating the sign An externally - illuminated sign is illuminated by an external source that reflects light off the surface of a sign face An internally - illuminated sign has internal light source that emits light through the sign face n Instructional Sign A sign whose purpose is secondary to the use on the lot and is intended to instruct employees , customers , and or users as to specific parking requirements , the location or regulationsPage590 August 14 , 2006 - 6 00 pm Continued pertaining to specific activities on the site or in the building , specific services offered , and or methods of payments accepted o Menu Board A sign whose purpose is to show menu selections and prices to drive - thru window customers and is usually associated with the remote order - taking system A Pre - order Board is a variation of a Menu Board and is usually located prior to the remote order - taking system p Monument Sign A sign that is not attached to poles and uses decorative materials , such as brick and or stone , to frame or to hold the sign q Non - conforming Sign A sign that was erected legally but does not comply with these sign regulations r Nameplate A sign on the building that indicates only the name and or address of the person , business , home occupation , profession , or activity occupying the lot A separate nameplate is allowed for each such entity A nameplate may be used as part of the operation or maintenance of any equipment that is on - site Outdoor advertising sign means a sign the message of which refers to products , services , and advertising not produced or sold on the premises upon which the outdoor advertising sign is located Such signs are often referred to as billboards s Outdoor Advertising Sign An off - site sign that advertises an establishment , merchandise , service , or entertainment that is not sold , produced , manufactured , or furnished at the property on which said sign is located Also known as a Billboard Sign t Pole Sign A sign that is attached to 1 or 2 poles that are permanently embedded and or anchored in the ground , in concrete , or similar A pole sign does not have a decorative foundation or base , such as brick and or stone u Project Construction Sign A temporary sign identifying the name of a subdivision , building , and or public works project or facility and or an architect , engineer , contractor , developer , subcontractor , material supplier , and or similar occupations participating during the time of construction Also known as a Construction Site Sign v Public Purpose or Safety Sign A sign erected by a public authority , utility , public service organization , or private industry upon the public right - of - way or easement or , when required by law , on private property that is intended to control traffic ; to direct , identify or inform the public ; or to provide a needed public service , as determined by the rules and regulations of governmental agencies or through public policy Such signs include No Parking or Fire Lane signs Portable sign means a sign that is not directly attached to the ground or anchored therein Anchored therein shall mean placement in a concrete footing , in holes with compacted earth or gravel , or similar support so as to be adequately affixed to the ground as a permanent fixture w Projecting Sign A sign attached to a wall or façade where the exposed face of the sign is perpendicular to the plane of that wall or façade or forms a V - angle of 45 degrees or more A projecting sign extends more than 12 inches from the wall or façade and does not project above the roofline x Residential Development Identification Sign A freestanding or wall sign identifying the only the name and or address of a residential subdivision or multi - family development This does not include any sign that includes any additional information , such as an arrow , map , phone number , home prices or apartment rents , or development amenities y Residential District Any zoning district primarily intended for residential land uses , currently including Agricultural - Residential A - R , Residential - mobile home park R - MPH , Resort residential RR , A - R R - 40 , A - R R - 40 20 , R - 10 , R - 20 , R - 40 , or the residential portion of a Planned Unit Development PUD plus any of these that are associated with a Special Use District SUD or a Watershed Protection District WSPD z Roof Sign A sign erected on or over the roof of a building or a sign that is affixed to a wall or façade where any part of the sign extends above that wall or facade aa Sign A sign shall include any device that is intended and or designed to announce , inform , direct , and or advertise and may be represented by words or letters , figures , symbols or characterizations , and or other graphics Sign means any device designed to inform or attract attention of persons not on the premises on which the device is located bb Streamer A length of material that contains multiple banners , pennants , and or ribbons attached and is stretched or hung between two or more points cc Temporary Commercial Sign A temporary sign that is designed to be used for a time period of one month or less ; is intended for commercial use or expression ; and is not permanently attached to a structure or the ground Such signs include corrugated and plastic core signs on metal or plastic legs or spikes , Daily Special signs , sale signs for merchandise such as a Presidents Day Sale , political signs , trailer signs , A - frame and sandwich board signs , air - activated attraction devices such as balloons and inflated figures , and frame signs as are used in residential real estate dd Under - canopy Sign A sign suspended beneath an awning , canopy , ceiling , roof , or marquee and is intended to be viewed by pedestrians from the sidewalk ee Wall Sign A sign attached to , or painted on , a building face , with the exposed face of the sign being in a plane parallel to the plane of the wall or forms a V - angle of less then 45 degrees Also included is a sign that is a part of , attached to , or painted on an awning or canopy A wall sign does not extend more than 12PagePage pageNumber5591 August 14 , 2006 - 6 00 pm Continued inches from building face and does not project above the roofline or beyond any corner of the building A ghost sign , the remaining image of a previous sign that is still visible , is considered to be a wall sign ff Window Sign A sign that is physically affixed to , or painted on , the glass or other structural component of the window or is placed behind the glass and can be read by people outside of the building By definition , a sign includes a poster , graphics , symbols , or other identification gg Yard Sign A temporary sign intended for non - commercial use or expression Such signs include baby and birthday celebration signs , garage or yard sale signs , and political signs Ord of 7 - 10 - 2000 , § § 112 , 113 Cross References Definitions generally , § 1 - 2 Sec 14 - 503 Signs subject to control Unless specifically exempted , no sign visible from a public right - of - way shall be erected , displayed , or substantially altered except in accordance with the provisions of this chapter and until a sign permit has been issued therefore Ord of 7 - 10 - 2000 , § 114 Sec 14 - 504 Signs exempt from regulation permit requirements The following signs are exempt from regulation and permit requirements under this article , provided such signs comply with the provisions of sections 14 - 505 and 14 - 506 1 Signs bearing only property identification numbers and names , post office box numbers , names of occupants of the premises on which the signs are located , or other identification of premises not of a commercial nature , provided the signs are not illuminated and do not exceed two square feet in area per display surface Such signs shall not exceed two 2 square feet in area per display face or six 6 feet in height if freestanding The setback shall be at least ten 10 feet 2 Flags and insignia of a government , when not displayed in connection with a commercial promotion Such signs shall not exceed one hundred 100 square feet in area per display face or seventy - five 75 feet in height if freestanding The setback shall be at least ten 10 feet 3 Legal notices , identification and information signs , and traffic directional or regulatory signs erected by or on behalf of a governmental body Such signs shall have no limitation as to sign area , height , or setback 4 Memorial signs or tablets , and names and construction dates of buildings when cut into any masonry surface Such signs shall meet the sign area , height , or setback limitations for wall or freestanding signs , as appropriate 5 Signs directing or guiding traffic and parking on private property on which the signs are located , provided such signs are not illuminated , or are indirectly illuminated , bear no advertising matter , and do not exceed four feet in area per display surface On private property , such signs shall not exceed four 4 square feet in area per display face or six 6 feet in height if freestanding The setback shall be at least ten 10 feet Such signs shall have no limitation as to sign area , height , or setback when located on public property 6 Real estate signs advertising the sale , rental , or lease of the premises on which the signs are located , provided such signs do not exceed one sign per street frontage and 16 square feet in area per display surface for property zoned residential ; 32 square feet in area per display surface for property zoned nonresidential or located within a multifamily or planned development ; and are removed immediately after sale , rental , or lease of the premises Such residential real estate signs shall not exceed sixteen 16 square feet in area per display face or six 6 feet in height if freestanding The setback shall be at least ten 10 feet Such non - residential real estate signs shall not exceed thirty - two 32 square feet in area per display face or eight 8 feet in height if freestanding The setback shall be at least ten 10 feet 7 Construction site identification signs whose message is limited to project name , identification of architects , engineers , contractors , and other individuals or firms involved with the construction ; the name of the building development , the intended purpose of the building development , and the expected completion date , provided such signs do not exceed one sign per street frontage and 32 square feet in area per surface display for residential projects , and 64 square feet in area per display surface for multifamily and nonresidential construction ; and are removed within seven 7 14 days of the issuance of the certificate of occupancy Such signs shall not exceed twenty 20 square feet in area per display face and shall meet the height or setback limitations for wall or freestanding signs , as appropriate 8 Yard or garage sale signs announcing yard or garage sales , provided such signs do not exceed one sign per site of such sale nor four square feet in area of display surface , and are removed within seven days of the sale Such signs shall not exceed four 4 square feet in area per display face or four 4 feet in height if freestanding The setback shall be at least ten 10 feet 9 Public event announcements by public or nonprofit organizations of special events or activities of interest to the general public , provided such signs do not exceed one sign per street frontage where such events are held nor 32 square feet in area per display surface , and are removed within seven 7 14 after the event Such signs shall not exceed thirty - two 32 square feet in area per display face or eight 8 feet in height if freestanding The setback shall be at least ten 10 feet 10 Temporary Signs announcing grand openings of new business only , provided such signs are attached to the building in which the business is located , do not exceed 32 square feet in area per display surface , and are displayed for a period not to exceed thirty 30 21 days Such signs shall not exceed thirty - two 32 square feet in area per display face and shall meet the height or setback limitations for banner , wall , or freestanding signs , as appropriate PagePage pageNumber6592 August 14 , 2006 - 6 00 pm Continued 11 Signs stating that a business is open or closed , provided that there is no more than one such sign per business establishment , and provided that such sign does not exceed four square feet in display area Such signs shall not exceed four 4 square feet in area per display face and shall meet the height or setback limitations for wall or freestanding signs , as appropriate 12 Temporary Political signs advertising candidates or issues , provided such signs do not exceed 48 square feet in display area ; and are not erected prior to 30 days before the date of the appropriate election , and are removed within seven days after the election Such political signs shall be mounted on poles and stakes and shall not be erected and located within any public right - of - way or within any sight distance triangle easement of intersections Such signs shall not be placed on trees or utility poles Such signs shall not exceed forty - eight 48 square feet in area per display face or eight 8 feet in height if freestanding The setback shall be at least ten 10 feet Signs not permitted by this article or not removed in a timely manner will be removed by the county with the cost of removal assessed to the property owner Ord of 7 - 10 - 2000 , § 115 Sec 14 - 505 Traffic safety precautions Notwithstanding any other provision in this chapter , the following restrictions shall apply to signs in order to preserve the safety of pedestrian , bicycle , and vehicular movement 1 No sign , or part thereof , shall be located within a clear - vision area established by section 14 - 357 c 2 No sign shall make use of the words stop , slow , caution , danger , or any other word , phrase , symbol , or character in such manner as is reasonably likely to be confused with traffic directional and regulatory signs 3 No sign shall be erected so that by its location , color , nature , or message is likely to be confused with or obstruct the view of traffic signals or signs , or is likely to be confused with the warning lights of an emergency or public safety vehicle 4 Except as used to display time and temperature , no sign shall contain flashing lights Ord of 7 - 10 - 2000 , § 116 Sec 14 - 506 General limitations a Except where specifically exempted by this chapter , the subject matter of any sign shall be related to the premises on which the sign is located When the use or establishment to which a sign is related ceases or is vacated , the advertising material shall be removed within thirty 30 days and such sign shall be removed within four twelve 12 months of the cessation or vacating of the use or establishment , unless such sign is used by a new use or establishment on the premises in conformance with all current regulations of this chapter b Except where specifically exempted by this chapter , all signs , including its attendant supports , frames , hardware , and embellishments thereto , shall not be located within any public right - of - way or easement , nor shall any sign be attached , affixed , or painted on any utility pole , light standard , telephone or telegraph pole , any tree , rock , or other natural object c No source of illumination of a sign , such as floodlighting or spotlights , shall be directly visible from any public right - of - way , from any residential zoning district , or from adjacent properties d Animated , rotating , or other moving or apparently moving signs shall be prohibited e Devices consisting of banners , streamers , pennants , balloons , wind - blown propellers , moored blimps , strung light bulbs , and similar installations shall be prohibited unless approved by the planning director for noncommercial events f No sign shall be erected , painted , or otherwise mounted on the roof of a building or above the eaves , border or overhang Ord of 7 - 10 - 2000 , § 117 Sec 14 - 507 Sign area , height , setbacks , and number a The area of a display surface of a sign shall be computed as including the entire area visible from any one point , within a regular geometric form or combination of forms , comprising all of the display area of the surface and including all of the elements within the display area and the sign frame Structural members not bearing a sign message shall not be included in the computation of sign area b For the purpose of determining the number of signs , a sign shall be considered to be a single display device containing elements organized , related , and composed to form a unit Where elements are displayed in a random manner without organized relationship , each element shall be considered a single sign c The height of any freestanding sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground to the top - most element of the sign , including any architectural features , antennas , or other attachments A freestanding sign on a man - made base shall be measured from the original grade of that base , the original grade of the graded earth mound , or the nearest street , drive , or parking area , whichever is lowest d All sign setbacks shall be measured from the public right - of - way , street easement if there is no right - of - way , or pavement edge if there is no right - of - way or street easement , unless otherwise stated in this article Except for window signs and wall signs , all signs in all districts shall have at least a ten - foot 10 setback Ord of 7 - 10 - 2000 , § 118 Sec 14 - 508 Signs in residential districts and planned development - housing developments No sign shall be erected or displayed in any residential district or planned development - housing except as allowed below 1 Development identification signs containing the name and or logo of a subdivision , multifamilyPagePage pageNumber7593 August 14 , 2006 - 6 00 pm Continued development , mobile home park , or planned development , provided such signs are limited to one freestanding sign at each principal point of access to the development , as follows a Pole sign 40 square feet and a maximum height of fifteen 15 feet above finished grade b Monument sign 60 square feet or two signs mounted on wooden , brick or stone entry walls , 30 square feet per display surface , and a maximum height of six feet 6 above finished grade c Ground sign 60 square feet or two signs mounted on wooden , brick or stone entry walls , 30 square feet per display surface , and a maximum height of six 6 feet above finished grade 48 square feet in area per display surface , and a maximum height of eight feet above finished grade ; or two signs mounted on wooden , brick or stone entry walls , 24 square feet per display surface , and a maximum height of six feet above finished grade 2 Home occupation signs identifying a home occupation , provided such signs are not illuminated and are limited to one wall sign per zoning lot and a maximum display surface area of three four 4 square feet , or one ground sign per zoning lot at a maximum height of three feet and a maximum size of three 3 square feet The setback shall be at least twenty 20 feet 3 A place of worship bulletin board or sign not exceeding 48 square feet for the purpose of displaying the name of the institution and other related information Such signs shall be set back at least 20 feet from the street right - of - way or easement line , at a maximum height of six 6 feet for ground and monument signs , fifteen 15 feet for pole signs , and the roofline for wall signs 4 Non - residential signs identifying non - residential uses permitted as a principal or special use in residential districts or as an accessory use in planned development - housing developments , provided such signs are limited to one freestanding or wall sign per zoning lot and sixteen 16 square feet in area per display , at a maximum height of six 6 feet for ground and monument signs , fifteen 15 feet for pole signs , and the roofline for wall signs 5 Lighting of signs in residential districts and in planned development - housing developments is permitted if illumination levels are low , all fixtures are concealed , and spill - over of light is minimal Ord of 7 - 10 - 2000 , § 119 Sec 14 - 509 Signs in OI , GB , CB , I - 1 , I - 2 and IHI districts and shopping centers a Signs ; erection and display ; exceptions No sign shall be erected or displayed in the office and institutional , general business , community business , industrial - 1 or industrial - 2 district , interstate highway interchange district , and shopping centers , except as provided below for the type of sign and zoning district in which it is located b Specific sign regulations , on - premises signs The maximum percentage of building facade coverage for a wall sign shall be no larger than ten percent of the building facade or wall to which the sign is attached ; or , the total amount of on premises sign area permitted on any one lot shall not exceed 125 times the amount of street frontage On lots with frontage on more than one street , the longest dimension may be used to calculate the maximum sign area permitted When no freestanding sign other than a ground sign or monument sign is proposed , a ten percent increase in permitted sign area shall be allowed 1 Wall fascia sign Wall fascia sign , including signs or letters affixed to the inside or outside of a window or door Wall signs include awnings and canopies a Size The maximum size of a wall or fascia sign shall not exceed the limits established in this section Further , No more than 25 percent of the area of any wall or window [ window signs moved to a new subpart 3 – see below ] may be devoted to signs , up to a maximum of 100 square feet b Number More than one wall sign may be erected , provided the total surface area regulation is not exceeded c Height No sign shall extend above the parapet wall , eave line , or above the roofline of buildings without parapet walls d Projection clearance No sign may project more than 12 inches from the building wall e Illumination Wall signs may be illuminated , provided such signs shall be lighted from behind to silhouette letters and figures , or those utilizing floodlighting or other non - internally illuminated light sources shall be contained within a concealed fixture and angled so as to prevent a direct view of the light source from a public street or adjacent property f Location Wall signs shall not cover up or interrupt major architectural features 2 Freestanding signs Pole , monument , and ground signs are permitted as set forth in this section a Size The maximum surface area of a freestanding sign shall be 1 Pole sign , 80 40 square feet or 0125 square foot per linear foot of street frontage along the street toward which such sign is primarily oriented 2 Monument sign , 60 square feet or 025 square foot per linear foot of street frontage 3 Ground sign , 60 square feet or 025 square foot per linear foot of street frontage An increase of ten percent in maximum area may be permitted , subject to the provisions of this section However , no pole , monument or ground sign shall exceed 200 square feet in surface area b Number One freestanding sign shall be allowed on any lot , subject to the regulations in this section , provided a pole sign shall only be allowed on a lot which contains 100 feet or more of frontage on the street to which such sign is oriented If a unified sign plan is approved by the planning department , two freestanding signs may be allowed on a lot or development having a minimum frontage of 300 feet on each of two adjacent streets or more than 600 lineal feet of frontage on a single street , but only one may be a pole sign When more than one freestandingPagePage pageNumber8594 August 14 , 2006 - 6 00 pm Continued sign is to be constructed , the total permitted sign area of all signs shall not exceed the standards set forth in this section and the total amount of freestanding sign area shall not exceed 025 square feet per linear foot frontage on the adjacent street or greatest length c Setback No portion of any freestanding sign may extend over any property line or into any public right - of - way , or be located within 15 feet of any interior side lot line Further , no ground or monument sign may be constructed within 20 feet of a right - of - way of a collector street or within 30 feet of a right - of - way of an arterial street , while no pole sign may be constructed within 30 feet of a right - of - way of a collector street or within 40 feet of a right - of - way of an arterial street d Height No freestanding pole sign nor any part of a freestanding pole sign , including base or apron , supporting structures , and trim may exceed 20 15 feet in height Further , no monument sign or ground sign may exceed eight 6 feet in height and no ground sign may exceed four feet in height e Illumination All freestanding signs may be illuminated either internally or externally All external light sources shall be contained within a concealed fixture or box and angled so as to prevent a direct view of the light source from a street and or adjacent property f Landscaping Shrubs , flowers or ground covers , or any combination thereof , shall be planted around the entire base of any freestanding sign The minimum planting area shall be equal to one - half of the sign area 3 Window sign Window signs shall comply with the following a Size Within any given pane of glass , window signs shall cover no more than 25 percent of the glass area b Number More than one window sign may be placed on , in front of , or behind any given pane of glass c Projection clearance No window sign may project more than one 1 inch from any given pane of glass d Illumination Window signs may be illuminated , provided such signs shall be neon , lighted internally or from behind to silhouette letters and figures , or externally - illuminated from within a concealed fixture and angled so as to prevent a direct view of the light source from a public street or adjacent property Window signs shall not use LED lighting , have changeable copy , or flash or other use motion c Interstate interchange highway district IHI freestanding sign In place of a freestanding sign , as allowed in Section 14 - 509 b 2 , pole , or monument sign , one freestanding sign may be erected and displayed on a zoning lot within the interstate highway interchange district IHI in accordance with the following provisions 1 The zoning lot on which a ground sign is located shall be accessible by automobile and contain off - street parking for the principal use ; 2 The buildings or structures housing the principal use shall be set back at least 20 feet from the abutting street right - of - way ; 3 A ground sign shall be limited to one sign per site or zoning lot ; 4 The maximum area per display surface for ground freestanding signs shall be 200 one hundred 100 square feet per sign face with no more than two sign faces per sign [ moved to # 5 below ] 5 Any such freestanding sign shall have no more than two 2 sign faces upon which sign information can be placed ; 6 The maximum height of a ground pole sign shall be 75 50 feet , 16 feet for a monument sign , and 12 feet for a ground sign ; 7 Ground signs may be illuminated , provided such illumination shall be limited to internal illumination , lighted from behind to silhouette letters and figures Ord of 7 - 10 - 2000 , § 1110 ; Ord of 11 - 13 - 2000 , § 11101 Sec 14 - 510 Signs in planned development - mixed use No sign intended to be read from outside a planned development - mixed use , or from any public streets within the development , shall be permitted within such development except as provided below 1 Development identification signs containing the name and trademark of a planned development , provided such signs are limited to one ground sign at each principal point of access to the development , as follows a Pole sign 40 square feet and a maximum height of fifteen 15 feet above finished grade b Monument sign 60 square feet or two signs mounted on wooden , brick or stone entry walls , 30 square feet per display surface , and a maximum height of six feet 6 above finished grade c Ground sign 60 square feet or two signs mounted on wooden , brick or stone entry walls , 30 square feet per display surface , and a maximum height of six 6 feet above finished grade , 160 square feet in display area and a maximum height of 25 feet A single development identification sign at one principal point of vehicular access per perimeter roadway frontage of a development may be increased in size up to 200 square feet is display area if the development contains a cinema This project identification sign may include the name and trademark of the cinema and may include a changeable listing of movie titles in addition to the name and trademark of the planned development - mixed use development 2 Office building identification signs containing only the name of a building or building complex and the nature of the establishments therein , provided such signs are limited to one wall sign per building with a display area not exceeding one square foot per linear foot of the building , up to a maximum area ofPagePage pageNumber9595 August 14 , 2006 - 6 00 pm Continued twenty 20 40 square feet 3 All commercial uses are subject to the provisions of sections 14 - 509 b and section 14 - 511 Ord of 7 - 10 - 2000 , § 1111 Sec 14 - 511 Unified sign plan ; requirements ; enforcement a The owners or developers of two or more contiguous lots or any multi - tenant use of a commercial property , including , but not limited to , shopping centers , convenience centers , or office complexes , shall submit a unified sign plan for approval as part of their site plan application , or at a later date No sign permit application will be accepted for such property or use until a unified sign plan is approved by the planning department b An application for a unified sign plan shall be filed with the planning department The applicant shall indicate the standards of consistency for all signs on the subject property with regard to 1 Colors 2 Letter graphics style Note Federal and state registered trademarks may be employed in addition to the specified letter style and colors , but may not exceed 12 square feet in copy area 3 Location of each sign 4 Materials to be used in construction 5 Maximum dimensions and proportions 6 Other standards imposed by the applicant A copy of the approved unified sign plan , including any amendments , must be kept on file in the planning department c It shall be the responsibility of the applicant and or property owner to enforce the terms of the approved unified sign plan Ord of 7 - 10 - 2000 , § § 1112 , 11121 , 11122 Sec 14 - 512 Existing signs not conforming to unified sign plan If any new or amended unified sign plan is filed for a property on which existing signs are located , the amended plan shall include a schedule for bringing into conformance , within three years , all signs not conforming to the proposed amended plan or to the requirements of this article in effect on the date of submission Ord of 7 - 10 - 2000 , § 11123 Sec 14 - 513 Binding effect After approval of a unified sign plan , no sign shall be erected , placed , painted , or maintained except in conformance with the approved plan Ord of 7 - 10 - 2000 , § 11124 Sec 14 - 514 Outdoor advertising signs a Where permitted Outdoor advertising signs are permitted only along US 70 except the Clayton By - pass section of US 70 from the Wake County Line to the US 70 US 70 Business Split at Cole Road and Interstate 95 in the countys planning jurisdiction , provided that 1 The outdoor advertising sign shall be located in a general business , industrial - 1 or industrial - 2 zoning district Note this provision does not include special use districts or on property that is encumbered by a special use permit ; 2 No outdoor advertising sign shall be so located along , or visible from , Interstate 40 or the Clayton By - pass section of US 70 from the Wake County Line to the US 70 US 70 Business Split at Cole Road ; and 3 The applicant for such signs obtains a permit from the state department of transportation district engineer for an outdoor advertising sign , in accordance with the provisions of the Outdoor Advertising Act of 1967 b Standards All outdoor advertising signs replaced or substantially replaced or repaired to more than 50 per cent of the sign’s current assessed value shall meet the following provisions 1 The maximum area for any one sign with a monopole type design and construction shall be 500 square feet of display area , or 300 square feet of display area if of a non - monopole type design , with a maximum height of 20 feet and maximum length of 50 feet , inclusive of any border and trim but excluding the base or apron , supports and other structural members If an advertising message appears on the base or apron , it will not be excluded from the maximum dimensions Not more than one face or advertising message is allowed on each side of the display 2 The display area shall be measured by the smallest square , rectangle , triangle , circle , or combination thereof which will encompass the entire sign 3 The maximum size limitations shall apply to each side of a sign structure ; signs may be placed back - to - back , side - by - side , or in V - type construction with not more than one display to each facing , and such sign structure shall be considered as one sign 4 V - type and back - to - back signs will not be considered as one sign if located more than 15 feet apart at their furthest points and connected and physically contiguous 5 Signs may not be located in such a manner as to obscure or physically interfere with the effectiveness of an official traffic sign , signal , or device , nor obstruct or physically interfere with the drivers view of approaching , merging , or intersecting traffic 6 Outdoor advertising signs shall be so located that a No two signs shall be spaced less than 2,000 feet apart ; b The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and shall apply to sign structures located on both sides of the highway ; c Such signs shall be within 800 feet of an existing valid and operating industrial or commercialPage0596 August 14 , 2006 - 6 00 pm Continued business ; d Such signs shall be no closer than 1,000 feet from any parcel of land containing a residential structure ; and e Such signs shall be at least 50 feet off the public right - of - way and no more than 200 feet of the public right - of - way 7 The maximum height of an outdoor advertising sign shall not exceed 50 feet on locations adjoining US 70 or I - 95 8 Signs shall not be illuminated by any flashing , intermittent , or moving light or lights 9 Signs shall not contain any changing billboards , rotating slats or other means of creating a movable message display 10 Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled ways of US 70 or I - 95 and which are of such intensity or brilliance as to cause glare and to impair the vision of the driver of any motor vehicle , or which otherwise interfere with any drivers operation of a motor vehicle are prohibited 11 No sign shall be so illuminated that it interferes with the effectiveness of , or obscures an official traffic sign , device , or signal 12 All such lighting shall be subject to any other provisions relating to lighting or signs presently applicable to all highways under the jurisdiction of the state 13 Illumination shall not be added to non - conforming signs c Permit required No outdoor advertising sign of any type replaced or substantially replaced or repaired to more than 50 per cent of the sign’s current assessed value shall be constructed , erected , placed , or replaced until a permit has been issued by the planning director Such permit will not be issued until a sign plan has been submitted showing the location , size , height and style of each sign , and the planning director has determined that the sign will comply with the provisions of this chapter After the planning director has issued a sign permit , the applicant will be referred to the state department of transportation district engineer to obtain the proper state permits and emblems for outdoor advertising signs if so required d Transfer of permit The transfer of ownership of a specific outdoor advertising sign for which a permit has been lawfully issued to the original owner shall not in any way affect the validity of the permit for that specific sign , provided that the planning director and the appropriate state department of transportation district engineer is given notice of the transfer of ownership within 30 days of the actual transfer e Revocation of permit Any valid permit issued for a lawful outdoor advertising structure may be revoked by the planning director for any one of the following reasons 1 Mistake of material facts by the issuing authority for which had the correct facts been made known , the outdoor advertising permit in question would not have been issued 2 Issuance of a permit based on an error of law 3 Misrepresentation of material facts by the outdoor advertiser on the application for a permit for outdoor advertising 4 Failure to pay all applicable fees 5 Failure to construct an outdoor advertising structure and affix the permanent emblem within 180 days from the date of issuance of the outdoor advertising permit by the state department of transportation if so required 6 Any alteration of an outdoor advertising structure for which a permit has previously been issued which would cause that outdoor advertising structure to fail to comply with the provisions of the Outdoor Advertising Control Act and the rules and regulations promulgated by the state board of transportation pursuant thereto 7 Any alteration of a non - conforming sign shall be made in accordance with the provisions of section 14 - 504 8 Unlawful destruction of trees or shrubs or other growth located on the right - of - way in order to increase or enhance the visibility of an outdoor advertising structure 9 Unlawful violation of the control of access on interstate , freeway and other controlled - access facilities 10 Failure to maintain a sign such that it reaches a state of dilapidation , disrepair or disuse Such determination shall be made by the county 11 Abandonment , discontinuance or destruction of a sign 12 Making repairs to a non - conforming sign that exceed 50 percent of the initial construction cost of the sign at the time of construction sign’s current assessed value Total repairs during any 12 consecutive months may not exceed 50 percent of the initial construction cost of the sign The planning director may consult with the appropriate state department of transportation district engineer concerning any of the reasons listed in this subsection e for revocation of a permit f Repairs The holder of the sign permit should shall contact the state department of transportation district engineer prior to making any major repairs to discuss the scope of the proposed improvements If the district engineer determines needed repairs to a non - conforming sign will exceed 50 percent of the value of the sign at the time of construction sign’s current assessed value , he will may contact the right - of - way branch to consider purchase of the sign , contingent upon funding availability Ord of 7 - 10 - 2000 , § 1113 ; Ord of 11 - 13 - 2000 , § 11132 Sections 14 - 515 - - 14 - 550 Reserved 3 Public Hearing - 6 05 pm - Land Dedication Requirements Advertised July 28 , August 4 , 2006 The Smithfield HeraldPage1597 August 14 , 2006 - 6 00 pm Continued The Chairman opened the public hearing , and stated the purpose of the public hearing is to hear public comment on the possible amendment to the Johnston County Code of Ordinances , Section 14 - 1732 – Land Dedication Requirements Berry Gray , Interim Planning and Zoning Director , stated the land dedication requirements are another tool which will allow the County to provide for more orderly growth This stems from the same enabling legislation that allows for a County to enter into developer agreements , which was approved by the Commissioners at the July meeting Mr Gray pointed out the following 1 This amendment will apply to all subdivisions in excess of 20 lots or 15 acres 2 Unlike the developer agreement amendment from last month , which is completely voluntary for the developer and the County , the land dedication amendment will become a requirement once approved by the Commissioners 3 Recreation Require the developer to pay funds for the purpose of the County acquiring and or developing recreational land 4 Transportation Require the developer to pay funds in lieu of providing off site transportation improvements such as signalization , turn lanes , sidewalks , etc 5 Transportation Any funds collected can be transferred to a County Road Fund , a municipality , or public or private entity , as selected by the County , for the sole purpose of transportation improvements only 6 Community Service Facilities Require the developer to construct community service facilities Performance guarantees will be required to ensure completion of the improvements In response to a question from Commissioner Allen L Mims , Jr , Mr Gray noted Community Service Facilities are fire departments , rescue squads , etc Commissioner Tony Braswell asked if other counties in NC have similar requirements Mr Gray noted , if approved by the Board , Johnston County will be the first county in NC to require land dedications for subdivisions from developers In response to a question from Commissioner Cookie Pope , Mr Gray noted the proposed changes were first brought up and discussed at the Planning Board level The Planning Board recommended approval of the changes In response to a question from Commissioner Wade M Stewart , Mr Gray stated , if approved by the Board , there are several issues that will need to be worked out ie which board will apply the requirements , assessment of recreations and transportation needs County Attorney Mark Payne noted the ordinance needs to be in place to develop the underlying policies He recommended that if the Board is comfortable with the requirements , to approve the ordinance changes and set the effective date of the ordinance to be once the Commissioners have approved the associated policies Commissioner Allen L Mims , Jr stated he feels the proposed requirements will have some benefits , and agreed with Mr Payne for the need for more guidelines regarding the implementation process Commissioner DeVan Barbour suggested the Board defer the item to the Growth Management Committee for more discussion Sonny Johnson , 341 Sonny Road , Clayton , expressed concern that the proposed requirements will have an unfair impact on residential developers He pointed out that commercial developments also contribute to the growth and associated impacts in the county There being no further comments , the Chairman closed the public hearing Page2598 August 14 , 2006 - 6 00 pm Continued It was the consensus of the Board to defer the following proposed amendments to the Johnston County Code of Ordinances , Section 14 - 1732 – Land Dedication Requirements to the Growth Management Committee for more discussion Proposed new text is bolded Sec 14 - 1732 Land dedication requirements Per GS 153A - 331 and in order to provide for the orderly growth and development of the county ; for the coordination of transportation networks and utilities within proposed subdivisions with existing or planned streets and highways and with other public facilities ; for the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision and of rights - of - way or easements for street and utility purposes including the dedication of rights - of - way pursuant to GS 136 - 6610 or GS 136 - 6611 ; and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions that substantially promote public health , safety , and the general welfare , any person or entity that proposes a subdivision of over 20 lots or 15 acres shall a Prepare a plat that is approved and recorded pursuant to the provisions of the ordinance whenever any subdivision of land takes place The final plat shall show sufficient data to determine readily and reproduce accurately on the ground the location , bearing , and length of every street and alley line , lot line , easement boundary line , and other property boundaries , including the radius and other data for curved property lines , to an appropriate accuracy and in conformity with good surveying practice b Provide funds to the county , as described in the county’s fee schedule , whereby the county may acquire and or develop recreational land or areas to serve the development or subdivision , including the purchase and or development of land that may be used to serve more than one subdivision or development within the immediate area The county may donate such funds to other public or private entity to accomplish such acquisition and or development c At the option of the county and in lieu of required off - site transportation accessibility improvements including , but not limited to , traffic signals , signage , sidewalks and bikeways , landscaped buffers and medians , turn lanes , and similar improvements the developer shall provide funds , as described in the county’s fee schedule , to be used for the development of roads Any funds received by the county under this section may be transferred to a Johnston County Road Fund , a municipality , and or other public or private entity , as selected by the county , to be used solely for the development of roads , and or sidewalks and bikeways , including design , land acquisition , and construction Any municipality receiving funds from the county under this section is authorized to expend such funds outside its corporate limits for the purposes specified in the agreement between the municipality and the county Any formula adopted to determine the amount of funds the developer is to pay in lieu of required street construction shall be based on the trips generated from the subdivision or development The ordinance may require a combination of partial payment of funds and partial dedication of constructed streets when the governing body of the county determines that a combination is in the best interest of the county d In order to provide for the more orderly development of subdivisions , the county may require the construction of community service facilities that are in accordance with county plans , policies , and or standards To assure compliance with these and other ordinance requirements , the developer of a Major Ssubdivision of over 20 lots or 15 acres shall provide performance guarantees to assure successful completion of required improvements The performance guarantee shall be surety bonds or letters of credit , at the election of the developer , or may be an alternative type of performance guarantee , if approved by the planning director 4 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – August 4 , 8 , 2006 Certified letters were mailed to adjoining property owners on August 3 , 2006 , and notices posted at the locations on June 8 , 2006 The Chairman opened the Rezoning Hearing for Case 06 - 17 Case 06 - 17 Petition to rezone from Agricultural Residential AR to Industrial 2 Special Use District I2 - SUD 1033 acres of a 19 acre tract located at 7499 US 701 South , which is approximately 1 2 mile north of its intersection with Marler Road SR 1137 in Bentonville Township Tax ID 02J15025A Applicant Raymond Hayes Owner Raymond M & Marcia Jewel Hayes Berry Gray , Interim Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone from Agricultural Residential AR to Industrial 2 Special Use District I2 - SUD 1033 acres of a 19 acre tract located at 7499 US 701 South , which is approximately 1 2 mile north of its intersection with Marler Road SR 1137 in the Bentonville Township The surrounding zoning is predominantly Agricultural - Residential He noted the Planning Board recommended approval of the rezoning request for Case 06 - 17 Page3599 August 14 , 2006 - 6 00 pm Continued JP George , 705 First Street , Smithfield , stated that he owns the land on the north side of the subject property Mr George explained that access to his land is by a path , which runs through the Hayes property to Highway 701 He expressed concern that Mr Hayes has not agreed to give him a recordable easement to access his property Further , he expressed concern that Mr Hayes had already begun construction of the pit by clearing the topsoil Mr George also claimed that Mr Hayes had cleared the natural buffer within 25 ft of the property line Commissioner Allen L Mims , Jr asked whether Mr George had road frontage along Highway 701 , and pointed out that every parcel with road frontage is entitled to a driveway Mr George responded that he did have 1,000 ft of road frontage , however , he did not have a driveway from 701 to his property He stated the he would like to continue using the path that had been used since 1948 when his grandfather originally owned the entire tract of land Commissioner Cookie Pope asked for clarification as to whether Mr George had to cross property besides Mr Hayes ’ to access his land It was noted the existing path began on the Chance property and continued north through the Hayes property to Mr George’s land In response to a statement made by Mr George , Property Owner Raymond Hayes , stated it was his understanding of the mining rules that a mining permit was not required as long as a person did not exceed more than one acre He noted that he had taken some dirt and clay , and moved to his hog farm operation Mr Hayes stated that he wanted to , and has been trying to follow the rules as he understands them Commissioner Tony Braswell asked if Mr Hayes could access his property directly from Highway 701 Mr Hayes stated that he moved the path so that he could access his property directly from Highway 701 He noted that he told Mr George that he was welcome to use the driveway , and within reason ,