05/15/06 Zoning Text Amendment Art IX Sec 6.0,8.0,9.0,11.0&Art XVIHARNETT COUNTY, NORTH CAROLINA
A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE TEXT
WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988
and June 5, 2000 for the purpose of promoting the health, safety, and general welfare of the county residents;
and
WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of
North Carolina, particularly G.S. 153A -340; and
WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions
have been followed; and
WHEREAS, the Harnett County Planning Board has reviewed the amendment to Article IX Sect. 6.0 Signs,
8.0 Administration, 9.0 Filing Procedure, 11.0 Outdoor Advertising Signs and Article XVI Defmitions and
recommends the adoption of the following amendment.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT
COUNTY, NORTH CAROLINA that Article IX Sect. 6.0 Signs, 8.0 Administration, 9.0 Filing Procedure,
11.0 Outdoor Advertising Signs and Article XVI Definitions be amended to add the following text to the
Zoning Ordinance:
Article IX Sign Requirements
Section 6.0 Nonconforming & Conforming Signs
6.1 Continuation All nonconforming signs existing on the effective date of this Ordinance may
remain in place subject to the following requirements:
A. No nonconforming sign shall have any changes made in the words or symbols used
or the message displayed on the sign unless the sign is specifically designed for
periodic change of message. However, this Ordinance shall not prohibit the normal
maintenance of signs to keep them neat.
B. No nonconforming sign shall be structurally altered so as to change the shape, size,
type, lighting, or design of the sign, nor shall any nonconforming sign be relocated.
C. Nonconforming outdoor advertising signs shall be allowed to perform reasonable
repair and maintenance. The following activities are considered to be reasonable
repair and maintenance (No Building permit shall be needed to make the following
repairs with exception to numbers 3 & 5):
1. Change of advertising message or copy on the sign face.
2. Replacement of border and trim, stringer, or panel, with like material.
3. Repair and replacement of a structural member including pole(s), with like
material.
4. Alterations of the dimensions of painted bulletins incidental to copy change.
5. Any net decrease in the outside dimensions of the advertising copy portion of the
sign; but if the sign face or faces are reduced they may not thereafter be increased
beyond the size of the sign on the date it became nonconforming.
D. The addition of lighting or illumination to existing nonconforming signs is
specifically prohibited as reasonable maintenance; however such lighting may be
permanently removed from such sign structure.
E. No nonconforming sign shall be allowed to remain after the activity, business or use
to which it was related has been discontinued.
F. A nonconforming sign may continue as long as it is not abandoned, destroyed,
discontinued, or significantly damaged as defined by the Latest edition of
Regulations for the control of Outdoor Advertising in North Carolina by the North
Carolina Department of Transportation.
G. When the combined damage to the face and support poles appears to be significantly
damaged as defined in 19A NCAC 02E.0201 (29), the sign owner shall request the
Hamett County Planning Department to review the damaged sign, including
salvageable sign components, prior to the repairs being made. Should the sign owner
perform repairs without notification to the Planning Department, the permit may be
revoked or the sign must be removed.
To determine the percent of damage to the sign structure, the only components to be
used'to calculate this value are the sign face and support pole(s). The percent damage
shall be calculated by dividing the unsalvageable sign components by the original
sign structure component quantities, using the following criteria:
1. Advertising on Wooden Poles: The percentage of damage attributable to poles
shall: be fifty (50) percent and the percentage of damage attributable to sign face shall
be fifty (50) percent.
2. Advertising on Steel Poles or Beams: The percentage of damage attributable to
poles shall be eighty (80) percent and the percentage of damage attributable to sign
face shall be twenty (20) percent.
3. Advertising on Monopoles: The percentage of damage attributable to poles shall
be eighty (80) percent and the percentage of damage attributable to sign face shall be
twenty (20) percent.
H. All Nonconforming outdoor advertising signs that are required to be permitted by the
North Carolina Department of Transportation, must maintain all required permits in
good standing for the life of the nonconformity, if at any point the NCDOT revokes
their pemnts the nonconforming sign must come into compliance or be removed.
6.2 Removal of Nonconforming Signs
Upon failure to comply with any of the above requirements, the Zoning Administrator shall
cause the removal of any nonconforming signs as hereafter provided.
A. The; Zoning Administrator or his designated agent shall give the owner of the
nonconforming sign notice of the violation by certified return receipt. Notice to the
owner or the occupant of the premises on which the sign is located shall be sufficient.
These notices shall contain a brief statement of the particulars in which this Article is
violated and the manner in which such violation is to be remedied.
B. Failure to correct such violation within thirty (30) days shall constitute a
misdemeanor punishable by a fine of not more than one hundred dollars ($100), or by
imprisonment for not more than thirty (30) days. Each day's continuing violation
shall be a separate and distinct offense.
C. In addition to or instead of the above penalties, the County may apply to a court of
justice for a mandatory or prohibitory injunction and order of abatement directing the
owner, occupant or permitted to correct the violation in accordance with G.S. 153A-
123:
6.3 Conforming Signs
1. A conforming business or outdoor advertising sign that has been destroyed or
significantly damaged may be reconstructed within the limits of the rules and filling
procedures set forth in this ordinance.
2. Confoniiing sign structures may be reconstructed so long as the reconstruction does not
conflict with any applicable, state, federal, rules, regulations, or ordinances.
3. A conforming business sign that is making minor repairs to an existing conforming sign
shall be allowed to make repairs with out receiving permits, unless other local, state, or
federal rules apply.
4. Confom}ing outdoor advertising signs shall be allowed to perform reasonable repair and
maintenance. The following activities are considered to be reasonable repair and
maintenance (No Building permit shall be needed to make the following repairs with
exception to numbers 3 & 5):
1. Change of advertising message or copy on the sign face.
2. Replacement of border and trim, stringer, or panel, with like material.
3. Repair and replacement of a pole(s), with like material or materials allowed by
these; regulations.
4. Alterations of the dimensions ofpainted bulletins incidental to copy change.
5. Any net decrease in the outside dimensions of the advertising copy portion of the
sign; but if the sign face or faces are reduced they may not thereafter be increased
beyond the size of the sign on the date it became nonconforming.
Section 8.0 Administration
The Zoning Administrator shall issue a permit for the erection, repair, replace, or construction of
outdoor advertising or business sign which meets the requirements of this Ordinance.
Section 9.0 Filing Procedure
Applications for permits to erect, hang, place, paint, replace, repair, or alter the structure of an outdoor
advertising or business sign shall be submitted on forms obtainable from the Zoning Administrator. Each
application shall be accompanied by a plan showing the following:
9.1 Outdoor Advertising Signs: In order for an application to be considered complete the applicant must
submit five (5) copies of a Site Plan drawn to scale and certified by a Professional North Carolina Land
Surveyor, or Engineer. Containing at least (but not limited to) the following information:
Standards for the placement of a new outdoor advertising sign
• Name, Address, telephone number of owners and applicant
• Zoning Classification
• Parcel Identification Number and Tax ID of the tract(s)
• Map Size 18" X 24" & Scale 1" =200' or larger
• North Point, Graphic Scale, Vicinity Map
• Names and Right of Ways of Streets and State Roads
• Show Boundaries of the entire Tract if the lot size is less than I one acre in size, in all other
cases the site plan shall show the boundaries of the tract adjacent to the highway and all
applicable adjoining properties along the roadway.
• Show Adjacent Uses
• Net or total Acreage for Lot
• Show setback and location of such sign in relation to property lines, right of way, intersections and
existing signs.
• Size, character, general layout and design proposed for painted displays
• Show all existing, structures located on the parcel
• Location, type, and size of proposed signage
• Certification, written and signed by the land owner of record that such owner formally consents
to the proposed placement of the sign.
• Type of proposed signage (mono, wooden, steel)
• The method and type of illumination, if any
• Structural drawings of proposed sign certified by a professional engineer
• If conditions warrant it, the Zoning Administrator may require such additional information as will
enable him to determine if such signs are to be erected in conformance with these regulations.
• Applicants shall pay any administrative fee established by the County at the time of the application
or request.
Standards for repairing an existing damaged conforming or nonconforming outdoor advertising sign.
• Name, Address, telephone number of owners and applicant
• Zoning Classification
• Parcel Identification Number and Tax ID of the tract(s)
• Map Size 18" X 24" & Scale 1" =200' or larger
• North Point, Graphic Scale, Vicinity Map
• Names and Right of Ways of Streets and State Roads
• Show Boundaries of the entire Tract if the lot size is less than 1 one acre in size, in all other
cases the site plan shall show the boundaries of the tract adjacent to the highway and all
applicable adjoining properties along the roadway.
• Net or total Acreage for Lot
• Note on plat if sign is conforming or nonconforming based on current regulations
• Provide a written statement explaining why the repairs are needed and what sign components
are considered to be salvageable or unsalvageable. Include percentage level the sign is believed
to be damaged at according to the standards set forth in the nonconforming section 6.1 G
• Structural drawings of proposed repairs noting the existing and proposed material to be used, it
shall be at the discretion of the Chief Building Inspector of Hamett County if said drawings must be
stamped by a professional engineer.
• Show setback and location of such sign in relation to property lines, right of way, intersections and
existing signs.
• Size, character, general layout and design proposed for painted displays
• Show all existing structures located on the parcel
• Type of proposed signage (mono, wooden, steel)
• The method and type of illumination, if any
• Applicants shall pay any administrative fee established by the County at the time of the application
or request.
• If conditions warrant it, the Zoning Administrator may require such additional information as will
enable him to determine if such signs are to be erected in conformance with these regulations.
9.2 Business Signs: In order for an application to be considered complete the applicant must submit
five (5) copies of a Site Plan drawn to scale. Containing at least (but not limited to) the following information:
Standards for new, damaged, conforming, and nonconforming business signs
• Name, Address, telephone number of owners and applicant
• Zoning Classification
• Parcel Identification Number and Tax ID of the tract(s)
• Names and Right of Ways of Streets and State Roads
• Size, character, general layout and design proposed for painted displays
• Show Boundaries of Tract
• If Applicable provide a written statement explaining why the repairs are needed and what sign
components are considered to be salvageable or unsalvageable. Include percentage level the
sign is believed to be damaged at according to the standards set forth in the nonconforming
section 6.1G
• Structural drawings of proposed repairs noting the existing and proposed material to be used, it
shall be at the discretion of the Chief Building Inspector of Harnett County if said drawings must be
stamped by a professional engineer.
• Show setback and location of such sign in relation to property lines, right of way, intersections and
existing signs.
• Show all existing structures located on the parcel
• Type of proposed signage (mono, wooden, steel)
• The method and type of illumination, if any
• Applicants shall pay any administrative fee established by the County at the time of the application
or request.
• If conditions warrant it, the Zoning Administrator may require such additional information as will
enable him to determine if such signs are to be erected in conformance with these regulations.
9.3 Expiration of an Approved Site Plan: Any sign permit that has received final approval shall be valid
for a period of one - hundred and eighty (180) days from the date the plan received approval from the
Zoning Administrator: During this time the sign must be constructed as approved, once this period has
passed the site plan shall be considered null and void. In the situation where the sign is considered to be
conforming the permit may be renewed after the Planning Department has determined that the sight is
still a conforming site. Each application for renewal shall constitute a new review of the application and
all pertinent fees shall apply. A non - conforming sign shall not be allowed to be renewed, therefore once
a non - conforming site plan or permit has expired then the site plan or permit shall be considered to be
null and void and the applicant must repeat the filling process and comply with all regulations for the
placement of a conforming sign.
Section 11.0 Outdoor Advertising Signs
Outdoor advertising signs shall be permitted in the Commercial/Business District, (not
including Commercial/Business districts located within a designated Highway Corridor
Overlay District). All outdoor advertising signs shall be subject to the following regulations:
11.1 Maximum Disolav Area - The maximum size of the display area of outdoor advertising signs
along Interstate Highways shall be 500 square feet. The maximum size of the display area of
outdoor advertising signs for all other sections of the County shall be 300 square feet. Double
faced signs shall be permitted provided that each individual sign meet the display area
requirements for that area of the County.
11.2 Height Regulations - No outdoor advertising sign shall exceed a height of thirty-five (35) at
road grade not to exceed forty-five (45) feet measured from the ground level to the highest part
of the sign structure. The minimum height of the lowest portion of display surface of said
outdoor advertising sign shall be elevated to a height of eight (g) feet from the ground level.
The Planning Department must be supplied with drawings certifying that this height
requirement has been met once the sign has been constructed.
11.3 Setback Reouirements - Outdoor advertising signs shall be setback a minimum of fifty (50)
feet from the public right -of -way or any legal private access road. No portion of the sign shall
be located within the required minimum setback.
11.4 Lighting - Display lighting of signs shall be shielded so as to prevent the direction of such light
into any structure used primarily for residential purposes. No rotating, revolving, flashing, or
intermittent lighting devices shall be attached to or made a part of any outdoor advertising
sign.
11.5 S acin
A. All outdoor advertising signs must be spaced a minimum of 1,500 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 no closer than 500 feet from any residential structure. However a
sign may be allowed to locate within 250 feet from any residential structure if the
applicant can secure a waiver from all adjacent property owners within 500 feet of
the proposed sign. This waiver shall state that the property owner is aware of the
proposed sign and agrees that the sign can locate within said distance; this waiver
shall be signed and notarized by all applicable owners of the adjacent properties.
D. All 'outdoor advertising signs shall be located at least 500 feet from any intersection.
This measurement shall be taken along the edge of the pavement to the center of the
intersecting road.
E. All outdoor advertising signs shall be located at least 500 feet from any controlled
access point. This spacing measurement shall be taken in accordance with the
regulations given in the Latest edition of Regulations for the control of Outdoor
Section 19A NCAC 02E.0203 Spacing of signs.
F. All,, outdoor advertising signs shall not be located within any of the designated airport
zones mentioned in the Hamett County Airport Height Control Ordinance.
11.6 DOT Compliance- All outdoor advertising signs that are required to be permitted from the
North Carolina Department of Transportation must maintain compliance with all required
regulations. ,
11.7 Movable Message Display- Signs shall not contain any changing billboards, rotating slats or
other means of creating a movable message display.
11.8 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 zoning administrator and the appropriate
state department of transportation district engineer is given written notice of the transfer of
ownership within 60 days of the actual transfer. Once this period has expired and no
notification has been made then the applicant shall be required to obtain a new land use permit.
11.9 Dilapidated and Abandoned Signs- If at any time an outdoor advertising sign falls into a state
of dilapidation, disrepair, or becomes abandoned or discontinued as defined by the Latest
edition of Regulations for the control of Outdoor Advertising in North Carolina by the North
Carolina Department of Transportation. the perms for such sign shall be revoked.
11.10 Structural Support- Where the structural support is visible from any street, the display shall be
constructed on a steel single pole or I -Beam type structure.
11.11 Revocation of Permit- Any valid permit issued for a lawfid outdoor advertising structure may
be revoked by the zoning administrator for any one of the following reasons:
1. Mistake of material facts by the issuing authority for which had the correct facts been
made know, the outdoor advertising permit in question would not have been issued.
2. Issuance of a permit based on an error in 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. 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.
6. Any violation of the standards for nonconforming signs.
7. Any violation of the transfer of permit standards.
8. Failure to construct a non- conforming sign within 180 days as noted in the expiration
of a'sign pert section.
9. Failure to locate sign in the approved location on the site plan.
10. Any, violation of State or Federal regulations for outdoor advertising that results in
revocation of permits.
11. Any violation of the standards for dilapidated or abandoned sign.
Article XVI
Definitions
Salvageable Sign components: Components of the original sign structure prior to the damage
that can be repaired or replaced on site by the use of labor only. If any materials, other than
nuts, bolts, nails or similar hardware, are required in order to repair a component, the
component is not considered to be salvageable.
Duly adopted this 15t' day of May, Two Thousand six and effective upon adoption.
7ETT CO Y BOARD OF MMISSIONERS
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