September 5, 2006 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 625 Meeting of the Johnston County Board of Commissioners September 5 , 2006 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , September 5 , 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 A Request for Tax Exempt Loan Status – Blackman’s Crossroads Fire Department William Grantham , chief of Blackman’s Crossroads Fire Department , requested the Board approve a tax exempt loan in the amount of 190,00000 from Four Oaks Bank & Trust for bay additions to their current building In response to a question from Commissioner Jeffrey P Carver , Mr Grantham stated construction of the bay additions would not affect the district’s tax rate for FY 07 - 08 Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Tony Braswell and carried by unanimous vote , the Board approved the following resolution for tax exempt loan status for Blackman’s Crossroads Fire Department Resolution Approving Tax Exempt Loan Status to Blackman’s Crossroads Volunteer Fire Department NOW , THEREFORE , BE IT HEREBY RESOLVED , that the Board of Commissioners of Johnston County , North Carolina , does hereby approve a tax - exempt loan to the Blackman’s Crossroads Volunteer Fire Department of Johnston County , North Carolina the “ VFD ” , from Four Oaks Bank & Trust Company , in the principal amount of 190,00000 , which loan is for the following purpose The purpose of the loan is to construct a building to house fire trucks at the following address 5813 NC Hwy 96 South , Four Oaks , NC 27524 2 Public Hearing - 6 00 pm – Proposed Annexation to Brogden Water District Advertised August 25 , 2006 The Smithfield Herald Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board recessed regular session to sit as the Brogden Water District Board The Chairman opened the public hearing , and stated the purpose of the hearing is to provide the public an opportunity to address the Board on the proposed extension of territory to the Brogden Water District for specified properties on Firetower Road within the Town of Selma ETJ and the Town of Pine Level ETJ Sandy Mills , County Utility Development Manager , informed the Board that several properties have contaminated wells and poor water quality Staff petitioned the property owners , which all stated they would be interested in water service provided by the County In response to a question from Commissioner Allen L Mims , Jr , Ms Mills noted the Towns of Selma and Pine Level submitted letters to the County , which expressed support of the proposed annexation Margaret McCarty , 1015 Firetower Road , Selma , appeared before the Board , and stated she is one of the property owners with a contaminated well She expressed support for the annexation There being no further comments , the Chairman closed the public hearing Page626 September 5 , 2006 - 6 00 pm Continued 3 Resolution Providing for Expansion of the Boundaries of the Brogden Water District Upon a motion by Commissioner Tony Braswell , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved the following resolution for the expansion of the boundaries of the Brogden Water District RESOLUTION PROVIDING FOR EXPANSION OF THE BOUNDARIES OF THE BROGDEN WATER DISTRICT OF JOHNSTON COUNTY WHEREAS the Johnston County Board of Commissioners the Board at its regular meeting on November 2 , 1998 passed a resolution creating the Brogden Water District the District in accordance with N C General Statutes § 162A - 86 , et seq ; and WHEREAS , the Board has determined , after receiving petitions from residents of property lying near the District , that these parcels of land contiguous to the District may be annexed into the District ; and WHEREAS , pursuant to NC General Statutes § 162A - 871 , the Board has determined to extend the boundaries of the District to include the petitioned parcels ; WHEREAS the Board resolved to hold a public hearing with respect to such extensions on September 5 , 2006 , and directed that the appropriate representatives of the County take the necessary actions to properly notice such public hearing as provided by law ; and WHEREAS , pursuant to N C General Statutes Section 162A - 871 e a notice of public hearing was prepared stating the date , hour and place of the hearing and its subject and stating that the report containing a map of the District and the areas to be annexed were available for public inspection in the office of the Clerk to the Board , and that such annexation fit the requirements of § 162A - 871 ; and WHEREAS , pursuant to N C General Statutes § 162A - 871 e , the notice of public hearing was published once in newspapers that circulate in the proposed District , and pursuant to 162A - 871 b the County has received petitions for annexation signed by 100 of the real property owners in the areas to be annexed ; and WHEREAS , a public hearing was held at 6 00 pm on September 5 , 2006 , in the Commissioner’s Room , Courthouse Annex , Smithfield , North Carolina at which time taxpayers and all other interested persons appeared and were heard concerning the question of expanding the boundaries of the Brogden Water District of Johnston County ; and WHEREAS , at such meeting the Board determined that it was appropriate to extend the boundaries of the District to include additional parcels of land ; and WHEREAS , the Board , following the public hearing finds that 1 The areas to be annexed are contiguous to the District , with at least one - eighth of the area’s aggregate external boundary coincident with the existing boundary of the District ; 2 The residents of all the territories to be annexed into the District will benefit from the District’s annexation ; and 3 It is economically feasible to provide the proposed service or services in the annexed district without unreasonable or burdensome annual tax levies ; WHEREAS , the Board now desires to annex the territories described herein into the Brogden Water District of Johnston County ; NOW , THEREFORE , BE IT RESOLVED BY the Johnston County Board of Commissioners meeting in regular session at Smithfield , North Carolina , on September 5 , 2006 , do the following 1 It is hereby found that a The areas to be annexed are contiguous to the District , with at least one - eighth of the area’s aggregate external boundary coincident with the existing boundary of the District ; b The residents of all the territories to be annexed into the District will benefit from the District’s annexation ; and c It is economically feasible to provide the proposed service or services in the annexed district without unreasonable or burdensome annual tax levies ; 2 The Brogden Water District of Johnston County is thereby revised as follows BROGDEN WATER DISTRICT REVISED BOUNDARY DESCRIPTION Beginning at the point of intersection of the centerline of the Neuse River and the Town of Smithfield corporate limit ; thence northeasterly approximately 15,700 ft following the Town of Smithfield corporate limit to a point in the eastern right - of - way of Interstate 95 , said point being the north corner of parcel no 15K11014D ; thence south approximately 135 ft along a boundary of parcel no 15K11014D and east approximately 1,930 ft along a boundary of parcel no 15K11014D and crossing the right - of - way of Mallard Road to the north east corner of parcel no 15K11014D ; thence southwardly approximately 770 ft along an eastern boundary of parcel no 15K11014D to a point , said point being the northeast corner of parcel no 15C11043C ; thence generally southwardly along an eastern boundary of parcel no 15C11043C approximately 2,215 ft to a point in the boundary of parcel no 15C11042B ; thence east approximately 540 ft and south approximately 3,480 ft along boundaries of parcel no 15L11042B , to a point ; thence easterly following the northern boundary of parcel no 15L11041A approximately 970 ft to a point , said point being the southeast corner of parcel no 15L11039 ; thence north approximately 1,470 ft along a boundary of parcel no 15L11039 to the corner of parcel no 15L11039 ; thence east approximately 750 ft and north approximately 310 ft along boundaries of parcel no 15L11038 to a point in the western right - of - way of Yelverton Grove Road ; thence east approximately 935 ft crossing the right - of - way of Yelverton Grove Road and following a boundary of parcel no 15L11034 to a corner of parcel no 15L11034 ; thence north approximately 1,535 ft to a point , said point being the corner of parcels no 15L11035E and no 15L11014A ; thence east approximately 1,380 ft , north approximately 1520 ft , west approximately 285 ft , and north by northeast approximately 955 ft along boundaries of parcel no 15L11014A to a point in the right - of - way of US 70 Bus ; thence east approximately 100 ft alongPage627 September 5 , 2006 - 6 00 pm Continued the US 70 Bus right - of - way to a point ; thence north crossing the right - of - way of US 70 Bus approximately 1,785 ft along a boundary and projection of this boundary of parcel no 15L11014A to a point in the corner of parcel no 15L10013F ; thence east approximately 1,300 ft along the boundary of parcel no 15L10042A and to a point , said point being the southwest corner of parcel no 14L10012 ; thence north , northeast , and northwest approximately 3,000 lf along the boundaries of parcel nos 14L10012 and 14L10050 to a point , said point being the east corner of parcel no 15099005 ; thence southwest approximately 380 lf and west by northwest approximately 1,840 lf along a boundary of parcel no 15099005 crossing Yelverton Grove Road to the west corner of parcel no 15099005 , said corner also lying in the right - of - way of I - 95 ; thence northeast approximately 440 lf along the right - of - way of I - 95 to a corner of parcel no 1509905 ; thence west approximately 1,250 lf along a boundary of parcel no 1509905 and crossing Yelverton Grove Road to the southwest corner of parcel no 14L10007A ; thence north approximately 250 lf to the south right - of - way of Yelverton Grove Road ; thence west by southwest along the south right - of - way of Yelverton Grove Road approximately 330 lf to a point ; thence north crossing Yelverton Grove Road approximately 240 lf to the northwest corner of parcel no 14L1005 ; thence west approximately 80 lf along a boundary of parcel no 14L1005 and north approximately 80 lf along a boundary of parcel no 14L10007 to the northwest corner of parcel no 14L10007 , said corner also lying in the right - of - way of I - 95 ; thence northeast approximately 1,350 lf along the right - of - way of I - 95 and boundaries of parcel nos 14L10007 , 14L10004 , 14L10002 , 14L10001 , 14L10003 , and 14L10010 to a point , said point being the north corner of parcel no 14L10010 ; thence southeast and south approximately 340 lf along the boundary of parcel no 14L10010 to a point in the north right - of - way of Yelverton Grove Road ; thence generally easterly approximately 1,080 lf along the north right - of - way of Yelverton Grove Road to a point , said point also lying in the south right - of - way of US 70 and being the north corner of parcel no 14L10050 ; thence east by southeast and south along the right - of - way of US 70 and a boundaries of parcel no 14L10050 approximately 4,220 lf to a point , said point being the east corner of parcel no 14L10050 ; thence , west approximately 2,200 lf , south approximately 1,460 lf , and west approximately 1,070 lf along boundaries of parcel no 14L10050 to a point in the east right - of - way of Yelverton Grove Road ; thence south approximately 870 lf along the east right - of - way of Yelverton Grove Road to a point , said point being a corner in the Town of Selma ETJ , thence generally eastward and northeastwardly approximately 4,400 ft along the Town of Selma ETJ to the point of intersection of the Town of Selma ETJ and the eastern right - of - way of US 70 ; thence southeast approximately 300 lf to the south corner of parcel no 12M12047E ; thence north by northeast along the boundaries of parcel nos 12M12047E , 12M12047D , and 12M12013 approximately 965 ft to the northwest corner of parcel no 12M1213 ; thence north by northeast running parallel to and 400 ft west of the western right - of - way of Firetower Road to a point , said point being in the southern right - of - way of US 70A ; thence east by southeast crossing the right - of - way of Firetower Road 860 ft to a point , said point being in the southern right - of - way of US 70A ; thence south running parallel to and 250 ft east of the eastern right - of - way of Firetower Road to the northeast corner of parcel no 12M12038E ; thence south by southwest along the boundaries of parcels no 12M12038E and 12M12038D approximately 250 ft to a point in the boundary of parcel 12M12038A ; thence east by southeast approximately 200 ft , south approximately 50 ft , and southwest approximately 315 ft along the boundaries of parcel no 12M12038A to a point , said point being a common corner of parcel nos 12M12038C and 12M12038B ; thence south along a boundary of parcel no 12M12038C approximately 70 ft to a point ; thence east approximately 1,500 lf along the boundaries of parcel nos 12M12046E , 12M12046B , and 12M12017L to a point ; thence south approximately 110 lf along a boundary of parcel no 12M12017L to a point , said point being a corner of parcel no 12M 12017L ; thence east approximately 840 lf along the northern boundary of parcel no 12M12017L to a point , said point being the southwest corner of parcel no 12M12016D ; thence north approximately 715 lf along the western boundary of parcel no 12M12016D to a point , said point being a corner of parcel no 12M12016D ; thence southeast approximately 385 lf along a boundary of parcel no 12M12016D ; thence north approximately 245 lf along a boundary of parcel no 12M12016D to the southern right - of - way of East Gordon Road ; thence east approximately 480 lf along the southern right - of - way of East Gordon Road and across the right - of - way of Gor - An Farm Road to a point , said point being on the eastern right - of - way of Gor - An Farm Road ; thence north approximately 50 lf along the eastern right - of - way of Gor - An Farm Road to a point , said point being the northwestern most property corner of parcel no 12M12016L ; thence east approximately 480 lf along a boundary of parcel no 12M12016L ; thence north approximately 70 lf along a boundary of parcel no 12M12016L to a point , said point being a corner of parcel no 12M12016L ; thence east approximately 1,120 lf along the northern boundary of parcel no 12M12016L to a point , said point being the northeastern corner of parcel no 12M12016L ; thence south approximately 430 lf along the eastern boundary of parcel no 12M12016L to a point , said point being the southeastern corner of parcel no 12M12016L ; thence west approximately 1,120 lf along the southern boundary of parcel no 12M12016L to a point , said point being the northwestern corner of parcel no 12M12016A ; thence south approximately 315 lf along the western boundary of parcel no 12M12016A to a point , said point being the southwestern corner of parcel no 12M12016A ; thence east approximately 1,120 lf along the southern boundary of parcel no 12M12016A to a point , said point being the southeastern corner of parcel no 12M12016A ; thence south approximately 780 lf along the eastern boundary of parcel no 12M12016D to a point , said point being the southeastern corner of parcel no 12M12016D ; thence west southwest approximately 1,120 lf along the southern boundary of parcel no 12M12016D to a point , said point being the northwestern boundary of parcel no 12M12018 ; thence south approximately 925 lf along the eastern boundary of parcel no 12M12017 to a point , said point being the southeastern corner of parcel no 12M12017 ; thence west approximately 665 lf along the southern boundary of parcel no 12M12017 and parcel no 12M12017F to a point , said point being on the southern boundary of parcel no 12M12017F and approximately 200 lf east of the right - of - way of Gor - An Farm Road ; thence south and parallel to the eastern right - of - way of Gor - An Farm Road approximately 1,010 ft to a point of intersection with the Town of Pine Level ETJ ; thence south by southeasterly , southeasterly , easterly , northeasterly , and northerly approximately 20,200 ft to the point of intersection of the Town of Pine Level ETJ and the northern right - of - way of the NC Railroad ; thence southeast along the northern right - of - way of the NC Railroad approximately 4,475 ft to the boundary of the Princeton - Kenly Water District ; thence southeast approximately 9,120 ft along the Princeton - Kenly Water District boundary to a point of intersection with the Town of Princeton ETJ ; thence southwesterly , southerly , southeasterly , easterly , and generally northeasterly approximately 28,500 ft along the Town of Princeton ETJ with the inclusion of parcel no 04p11030 and parcel no 04p11030b within the Town of Princeton ETJ to the point of intersection of the eastern segment of the Town ofPage628 September 5 , 2006 - 6 00 pm Continued Princeton ETJ and the boundary of the Princeton - Kenly Water District ; thence southeast approximately 910 ft along the Princeton - Kenly Water District boundary to the Wayne County line ; thence southwesterly and generally southerly approximately 46,000 ft along the Wayne County line to the centerline of the Neuse River ; thence generally northeasterly along the centerline of the Neuse River approximately 170,000 ft to the point of beginning 3 The County and its officers , agents and attorneys are hereby directed to take any further actions as may be required by the laws of the State of North Carolina to perform the matters and things directed by this resolution 4 This resolution will become effective as of July 1 , 2007 Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board adjourned as the Brogden Water District Board and regular session was resumed 4 Public Hearing - 6 05 pm – Potential Endorsement of Land Use Policy Guide Advertised August 25 , 29 , 2006 The Smithfield Herald The Chairman opened the public hearing , and stated the purpose of the hearing is to hear public comment on the potential endorsement of a draft Land Use Policy Guide , which identifies areas related to design and growth issues , and provides policy statements on ways to address such issues Berry Gray , Interim Planning and Zoning Director , stated that staff has been working closely with the Louis Berger Group for the past two years on the Policy Guide He noted the Policy Guide is solely meant to recommend potential land development policies , and offer suggestions and guidance based on current land use policies that relate to infrastructure , land use , transportation , and aesthetics community character Mr Gray reviewed the following recommendations , and emphasized the Policy Guide will not force immediate ordinance changes or requirements Final Recommendations of Policy Guide • Require amenities - in - lieu • Require an earthen berm or wall to buffer reverse frontage lots from roads • Require stub - outs for all major and minor subdivisions • Propose stricter guidelines for auto - salvage related special uses • Propose more stringent language to prohibit incompatible uses , or expand design manual to mitigate the effects of incompatible land uses • Consider requiring developments to reserve right - of - ways for roads , greenways , parks , schools , etc Additional Recommendations include • Develop comprehensive land use plan • Develop street connectivity plans • Consider buffering and visual acoustic screening • Incorporate school facility planning with land use planning • Establish impact fees and other funding remedies for schools • Focus development in towns and nodes • Develop open space recreation plan Mr Gray introduced Scott Lane , Director of Planning with the Louis Berger Group , who was present to answer questions Commissioner Allen L Mims , Jr noted that Planning Board Chairman Jim Jenkins expressed concern that the stub - out requirement does not take into consideration developments where stub - outs are not applicable eg gated communities Commissioner Mims agreed with Mr Jenkin’s concern , and recommended changing the language to read “ require stub - outs unless the developer can show that the stub - out is not in the best interest of the citizens ” In his opinion , this will place the burden of proof on the developer to show the stub - out is not needed Mr Lane commented the Policy Guide has been reviewed by the Planning Board on two separate occasions He pointed out language is already included to address certain situations with regards to stub - outs Brad Schulz , Planning Board member , stated the Policy Guide could be a foundation block for land use and transportation plans in the future He supported Commissioner Mims ’ suggestion in regard to the stub - out requirement Mr Schulz thanked the Commissioners for their support and previous appropriation , which paid for the study There being no further comments , the Chairman closed the public hearing PagePage pageNumber5629 September 5 , 2006 - 6 00 pm Continued Following discussion , it was determined that the drafts provided to the Board were not the complete version of the Policy Guide It was the consensus of the Board to table a decision on the Policy Guide for 30 days , until the Board could review the document in its entirety 5 Proposed Amendment to Sign Ordinance – Second Vote Berry Gray , Interim Planning and Zoning Director , stated the proposed amendments to the Sign th Ordinance were originally presented to the Board at the August 14 meeting , however , a second vote on the matter is required at tonight’s meeting 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 Commissioner Wade M Stewart asked whether staff surveyed the property owners along the new 70 Bypass to find out their opinions in regards to the amendment to prohibit billboards Mr Gray responded staff did not perform a survey He 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 Commissioner Stewart commented that he believes a property owner should have the right to allow billboards on their property , if they choose to do so He stated that if he was a property owner , he would be offended that the County took this right away Commissioner Stewart questioned whether property owners along the new 70 Bypass would feel the same way as he does Commissioner Jeffrey P Carver expressed concern that numerous billboards within the county along Interstate 95 are in poor , deteriorated conditions In his opinion , these billboards are eye sores Further , Commissioner Carver commented that many of the signs along Interstate 95 advertise businesses outside of Johnston County County Manager Rick Hester added that a lot of the area along Interstate 95 is within the towns ’ jurisdictions Commissioner Cookie Pope asked whether sign companies were notified of the proposed amendment Mr Gray stated there was not a lot of participation from sign companies ; he noted that two people from sign companies were invited to the meetings Commissioner Stewart asked if the proposed amendment allowed for flexibility when considering the topography at certain interchanges Mr Gray responded the County would be bound by the ordinance as adopted , however , the Board of Adjustment could approve a variance if there was a hardship in a particular situation Second Vote on Proposed Amendment to Sign Ordinance 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 ,PagePage pageNumber6630 September 5 , 2006 - 6 00 pm Continued 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 , DeVan Barbour , and Tony Braswell Nays Commissioners Cookie Pope and Wade M Stewart Proposed new text is bolded ; text to be deleted has a double strikethrough 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 PagePage pageNumber7631 September 5 , 2006 - 6 00 pm Continued 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 regulations 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 ,PagePage pageNumber8632 September 5 , 2006 - 6 00 pm Continued 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 12 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 thePagePage pageNumber9633 September 5 , 2006 - 6 00 pm Continued 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 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 Page0634 September 5 , 2006 - 6 00 pm Continued 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 , multifamily 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 surfacePage1635 September 5 , 2006 - 6 00 pm Continued 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 freestanding 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 bePage2636 September 5 , 2006 - 6 00 pm Continued 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 of 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