§ 11.5. General provisions.

11.5-1

Permitting requirements.

(a)

Except as specifically exempted from the provisions of this article, a person or firm may not legally post, display, enlarge, erect, move or substantially change a sign without first obtaining a sign permit from the planning director or his/her designee. A change in the copy only of a sign or advertising device does not constitute a substantial change.

(b)

Permit application. Applications for sign permits shall be filed by the sign owner or his agent with the planning director or his/her designee upon forms furnished by the county. Applications shall describe and justify the following:

(1)

The type of the sign as defined in this ordinance.

(2)

The value of the sign.

(3)

The street address and zoning designation of the property where the sign is to be located and the proposed location of the sign on the property.

(4)

The square foot area per sign and the aggregate square foot area if there is more than one sign face.

(5)

The name(s) and address(es) of the owner(s) of the real property upon which the subject sign is to be located.

(6)

Written consent of the owner, or his agent, granting property upon which the subject sign is to be located.

(7)

For freestanding signs: a site plan drawn to scale, showing the proposed location of all primary and accessory ground sign(s) on subject property. The site plan includes a closed boundary survey of the property, gross acreage, the proposed sign location, street right-of-way lines, public or private easements, driveway locations and parking spaces.

(8)

For all signs: A sketch or print drawn to scale showing all dimensions with pertinent information such as wind pressure requirements and display materials in accordance with the International Building Code as adopted by Cherokee County.

(9)

Name, address, phone number and business license number of the sign contractor.

(10)

All applicants for electrical signs must obtain an electrical permit.

(11)

A written agreement to indemnify and hold the county harmless of all damages, demands or expenses of every type which may in any manner be caused by the sign or sign structure.

(c)

Fees. No permit shall be issued until the appropriate application has been filed with the planning director or his/her designee. Such application shall not be deemed complete until all of the information required by this section has been submitted and all permit fees have been paid as adopted by the board of commissioners and as amended from time to time.

(d)

The planning director or his/her designee shall grant a completed application if the proposed sign meets the requirements of this article.

(e)

The planning director or his/her designee shall provide written notice of the granting or denial of an application with 30 business days following submission of a completed application. In the event no action is taken within 30 business days, the application shall be deemed granted.

(f)

Permit Expiration. A sign permit shall become null and void if construction of the sign has not begun within a period of two months from the date of issuance and completed within six months from the date of issuance. Issuance of a sign permit shall in no way prevent the county from later declaring the sign to be nonconforming or unlawful with further review of available information, if the sign is found not to comply with the requirements of this ordinance.

11.5-2

Construction, maintenance requirements.

(a)

Erecting or placing any sign that does not conform to the requirements of this ordinance is unlawful.

(b)

All signs for which a permit is required, together with all their supports, braces, guys and anchors shall be kept in constant repair. Signs shall be kept clean, neatly painted and maintained at all times so as not to be detrimental to public health and safety.

(c)

No trash shall be allowed to accumulate in the area around a sign and all weeds shall be kept out.

11.5-3

Lighting requirements.

(a)

Lighted, neon or luminous signs giving off light resulting in glare, blinding or any other such adverse effect on traffic shall not be erected or maintained.

(b)

The light from illuminated signs shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways. Lighting shall not be directed skyward.

(c)

No illuminated signs shall be constructed or maintained within 50 feet of any residential district or dwelling, except within the TND district.

(d)

Signs with flashing, intermittent or animated illumination or effect shall be excluded from all districts except as defined under Section 11.5-5(I).

(e)

No sign shall be erected which simulates or hides from view any traffic or street sign or signal.

11.5-4

Height requirements.

The height requirements of a sign shall be computed as the distance from the base of the sign at normal grade to the highest attached component of the sign or sign structure, whichever is higher. Normal grade shall be construed to be the lower of:

(1)

Existing grade prior to construction; or

(2)

The newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign.

In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade, at the base of the sign, is equal to the elevation of the nearest point of the crown of a public road. Refer to Table 11.1 for specific height limits and requirements.

11.5-5

Additional requirements.

(a)

It shall be the responsibility of the property owner to remove, replace or repair an abandoned sign and/or sign structure within 30 days of written notification from the Planning Director or his/her designee. After which time, the county may cause the removal of the sign at the property owner's expense.

(b)

No sign shall be erected or maintained which obstructs any fire escape, any means of escape or ventilation, or which prevents free passage from one part of a roof to any other part thereof; nor shall any sign be attached in any form, shape or manner to a fire escape.

(c)

No sign shall be erected, maintained, painted, drawn or attached to any utility pole, rock, tree or any other natural feature.

(d)

It shall be unlawful to post any signs or advertisements on any building, or other property belonging to another person without the written consent of the owner thereof. Such consent shall be included with the sign permit application.

(e)

All signs shall be located on or over private property only, except those specifically permitted by this article.

(f)

All signs shall be erected in such a manner as to not interfere with or obstruct the view of any authorized traffic sign, signal or device.

(g)

All signs shall be located in such a way that they maintain horizontal and vertical clearance from all overhead utilities in accordance with International Electrical Code specification. In no case shall any sign be installed within five feet horizontally or vertically from an overhead utility line or utility guy wire.

(h)

Corner Visibility Clearance: Freestanding signs near driveways and development entrances shall be sited in accordance with safety conditions as required by the Cherokee County Engineering Department.

(i)

Electronic signs. Electronic signs may be used in accordance with the following provisions, provided that legal non-conforming freestanding signs shall not be converted to electronic signs except in accordance with the provisions of this article.

1.

The following shall apply to all electronic signs:

a.

Electronic signs shall only be used as freestanding signs and shall not be allowed as canopy, wall or awning signs as defined in this ordinance.

b.

Electronic signs shall contain static messages only, and shall not have movement nor flashing on any part of the sign structure, design, or pictorial segment of the sign, nor shall such sign have varying light intensity during the display of any single message. Transitions between messages shall not use frame effects or other methods which result in movement of a displayed image during such transition.

c.

Electronic signs must operate within brightness levels as established in this ordinance.

d.

Each sign must have a light sensing device that will adjust the brightness of the display as the natural ambient light conditions change.

e.

The owner of said electronic sign shall provide to the Development Service Director, information for a 24-hour contact able to turn off the electronic sign promptly if a malfunction occurs. If, at any time more than 50 percent of the digital display lights malfunction or are no longer working, the owner of said electronic sign shall turn off the electronic display until repairs are made.

f.

In the course of processing a complaint, the staff of Cherokee County may request a certification of the brightness (under measurement conditions) by an independent contractor (if such has not been certified within the preceding 12 months). If this investigation and certification indicates that the electronic sign exceeds the brightness levels specified in this ordinance, the owner of the sign, within 24 hours of a request by the staff of Cherokee County, shall turn off the sign until the brightness of the sign is corrected to comply with this ordinance at owner's expense.

g.

Any electronic sign whose face or structure is physically removed for whatever cause must alter the sign to comply with this ordinance.

h.

No electronic sign shall utilize, house or contain any interactive features or components, or function as an interactive sign.

i.

Electronic signs shall not be allowed in residential zones.

2.

Electronic signs located on non-residentially zoned property: Electronic signs may be utilized for and in conjunction with any sign permitted by this ordinance on non-residentially zoned property, provided that each such electronic sign shall comply with the following requirements in addition to and in conjunction with those specified in subsection (1) hereinabove:

a.

Must be located on a property/lot with at least 200 feet of public road frontage on one road (if abutting more than one public road, sign may only be erected along a road with more than 200 feet of frontage) and cannot be within 200 feet of another electronic sign that may be permitted on the same property/lot. For the purposes of measurement, mitered corners will not be included in road frontage calculations.

b.

Electronic messaging portion of sign shall not exceed 32 square feet per allowable sign area and may not have more than two electronic sign areas per sign.

c.

Each individual static message must be displayed for not less than 60 seconds.

d.

Electronic signs located on non-residentially zoned property may not operate at brightness levels of more than 0.20 foot candles above ambient light levels (at measurement conditions) as measured at a distance of 125 feet.

e.

If the electronic sign is located in the line of sight of a residentially occupied structure on a residentially zoned property, such electronic sign shall not operate at brightness levels of more than 0.1 foot candles above ambient light levels (at measurement conditions) as measured at the nearest portion of such residential structure.

3.

Notwithstanding any provisions otherwise providing for variance to the terms and limitations in the zoning ordinance, the limitation on the frequency by which the image on an electronic sign may change shall not be subject to variance other than by amendment to this section.

(Ord. No. 2015-O-009, Exh. A, 9-15-15; Ord. No. 2016-O-001; Exh. C, 2-2-16)