ARTICLE VII. SIGN REGULATIONS

The sign standards of this subpart provide requirements and standards applicable to all other subparts and sections within this Article

The following are prohibited signs. Signs:

1. Placed in the public right-of-way (except as erected for governmental purposes);
2. Resembling and/or obscuring traffic signals;
3. Obstructing access to drives, doors, walks, windows, fire escapes or fire escape routes;
4. Which are animated and/or flashing (as defined by this Chapter);
5. On the surface of lake/river water (except those navigational and warning signs);
6. On vehicles parked and located for the purposes of displaying such a sign, where such vehicle is either a part of the sign or sign structure; and
7. Billboards (an outdoor advertising sign 380 square feet in area or greater).

A sign permit shall be required for all nonexempt signs in accordance with the provisions of this Article (See §42- 353 - Sign Permits).

Signs shall be placed a minimum of 15 feet from edge of pavement or from back of curb (as applicable), and shall be located out of the road right-of-way. Signs are not permitted in a sight visibility triangle. Signs that are placed in the road right-of-way may be removed and disposed of, without notice, by authorized County personnel.

Sign area shall be the product of the maximum vertical distance (from the highest point to the lowest point on the sign face) and the maximum horizontal distance (across the sign face) (see Article XIV (Definition) for the definition of “Sign”). Sign area shall be calculated by the Zoning Administrator in accordance with Figures 7A and 7B.

Figure 7A. Sign Area Determination
Not to Scale

Figure 7B. Sign Area Determination for Nonrectangular Signs
Not to Scale

Lighting mitigation shall be required as defined by this Chapter for all signs

A sign indicating the address of a property shall be provided as required by and in accordance with Chapter 41 of the Henderson County Code, Property Addressing.

The sign standards of this subpart identify exempt signs and provide requirements and standards for exemption.

The following signs are permitted in all districts (unless otherwise indicated), and shall not require a sign permit as long as in conformance with the applicable standards. All exempt signs may have one (1) or two (2) faces. Lighting of signs shall be installed in such a manner that the source of light (the bulb) is shielded and not visible from the adjacent roadway.

1. Flags/Insignia.
   1. Maximum Area. Two hundred (200) square feet per face.
2. Off Premise Sign.
   1. Maximum Area. Ten (10) square feet per face.
   2. Maximum Height. Five (5) feet.
   3. Permitted Districts. Permitted in all zoning districts.
3. On Premise Sign in Residential and Local Commercial Zoning Districts.
   1. Maximum Area. Sixteen (16) square feet per face.
   2. Maximum Height. Eight (8) feet.
4. On Premise Sign in Commercial, Office Institutional and Industrial Zoning Districts (excluding the local commercial zoning district).
   1. Maximum Area. Thirty-six (36) square feet per face.
   2. Maximum Height. Eight (8) feet.
5. Temporary Sign.
   1. Maximum Area. Thirty-two (32) square feet per face (residential and local commercial zoning district); seventy-two (72) square feet per face (nonresidential zoning district excluding the local commercial zoning district). Banners up to two hundred (200) square feet per face.
   2. Maximum Height. Ten (10) feet (residential and local commercial zoning district); eighteen (18) feet (nonresidential zoning district excluding the local commercial zoning district).
   3. Removal. Such signs shall be temporary in nature, no longer than 30 days per occurrence and only once per calendar year per lot of record.

The sign standards of this subpart provide requirements for signs based on the general use district in which they are located. This subpart provides general standards for all signs within a general use district as well as sign specific standards for certain types of signs associated with certain uses or types of development. The following standards shall be in effect to provide appropriate signage for uses, and compliance therewith is required for the erection of a new sign.

The following sign regulations shall apply in residential and local commercial zoning districts.

1. Freestanding Signs. Freestanding signs are permitted where intended to identify entrances to a community, single-tenant development, or multi-tenant development and shall adhere to the following standards.
   1. Sign Type. Monument or ground signs only are permitted.
   2. Maximum Number by Sign Type.
      
      1. Community Identification Entrance Sign. One (1) double-faced or two (2) single-faced freestanding signs is/are permitted per community entrance (but shall be placed at to no more than two (2) entrances).
      2. Single-Tenant Development Sign. One (1) freestanding sign is permitted per lot. One (1) additional freestanding sign is allowed for corner or double-fronted lots.
   3. Maximum Area. Thirty-two (32) square feet per face.
   4. Maximum Faces. Two (2) faces per sign.
   5. Maximum Height. Ten (10) feet.
   6. Illumination. Lighting of signs shall be installed in such a manner that the source of light (the bulb) is shielded and not visible from adjacent roadways.
2. Attached Signs. Attached signs shall adhere to the following standards.
   1. Sign Type. Window, wall, suspended, awning and changeable copy (as part of a permanent sign) signs only are permitted.
   2. Sign Clearance. Any attached sign projecting 12 inches from a wall shall have a minimum nine (9) foot clearance over sidewalks and 14 foot clearance over roads, drives and alleys (no projection is allowed in any right-of-way).
   3. Maximum Area. Ten (10) percent of any wall area fronting a road and/or building facade, up to a maximum of 250 square feet. a
   4. Illumination. Lighting of signs shall be installed in such a manner that the source of light (the bulb) is shielded and not visible from adjacent roadways.
3. Prohibited Signs. Portable, animated and flashing signs are prohibited.
4. Electronic Message Sign. Electronic message signs are allowed with a special use permit in the residential and local commercial zoning districts.

The following sign regulations shall apply in office institutional, commercial and industrial districts (excluding the local commercial zoning district):

1. Freestanding Signs.
   
   1. Sign Type. Monument or ground signs only are permitted when the sign height is 18 feet or less. Pole, monument  and ground signs are permitted when the sign height is greater than 18 feet.
   2. Maximum Number by Sign Type.
      
      1. Single-Tenant Development Sign. One (1) freestanding sign is permitted per lot. One (1) additional freestanding sign is allowed for corner or double-fronted lots.
      2. Multi-Tenant Development Sign. One (1) double-faced or two (2) single-faced signs is/are permitted per development entrance (but shall be placed at to no more than two (2) entrances).
      3. Office Institutional and Commercial Subdivision Entrance Sign. One (1) double-faced or two (2) single-faced signs is/are permitted per subdivision entrance (but shall be placed at to no more than two (2) entrances).
   3. Maximum Area. Seventy-two (72) square feet per face. Where a sign is located within 500 feet of the right-of-way line of Interstate 26 the maximum area shall be 200 square feet per face.
   4. Maximum Faces. Two (2) faces per sign.
   5. Maximum Height. Eighteen (18) feet. Where a sign is located within 500 feet of the right-of–way line of Interstate 26 the maximum height shall be 75 feet (as measured from the road grade of the interstate).
   6. Illumination. Lighting of signs shall be installed in such a manner that the source of light (the bulb) is shielded and not visible from adjacent roadways.
2. Attached Signs.
   
   1. Sign Type. All attached signs are permitted.
   2. Sign Clearance. Any attached sign projecting 12 inches from a wall shall have a minimum nine (9) foot clearance over sidewalks and 14 foot clearance over roads, drives and alleys (no projection is allowed in any right-of-way).
   3. Maximum Area. Ten (10) percent of any wall area fronting a road and/or building facade, up to a maximum of 250 square feet.
   4. Illumination. Lighting of signs shall be installed in such a manner that the source of light ( the bulb) is shielded and not visible from adjacent  roadways.
3. Prohibited Sign.  Portable, animated and flashing signs are prohibited.
4. Electronic Message Sign. Electronic message signs are allowed.

The following sign regulations shall apply in Industrial Districts.

1. Freestanding Signs.
   
   1. Sign Type. All freestanding signs are permitted.
   2. Maximum Number by Sign Type.
      
      1. Single-Tenant Development Sign. One (1) freestanding sign is permitted per lot. One (1) additional freestanding sign is allowed for corner or double-fronted lots.
      2. Multi-Tenant Development Sign. One (1) double-faced or two (2) single-faced signs is/are permitted per development entrance (but shall be placed at to no more than two (2) entrances).
      3. Industrial Subdivision Sign. One (1) double-faced or two (2) single-faced signs is/are permitted per subdivision entrance (but shall be placed at to no more than two (2) entrances).
   3. Maximum Area. Seventy-two (72) square feet per face.
   4. Maximum Faces. Two (2) faces per sign.
   5. Maximum Height. Eighteen (18) feet. Where a sign is located within 500 feet of the right-of-way of Interstate 26 the maximum height shall be 75 feet (as measured from the road grade of the interstate).
   6. Illumination. Lighting of signs shall be installed in such a manner that the source of light (the bulb) is shielded and not visible from adjacent roadways.
2. Attached Signs.
   
   1. Sign Type. All attached signs are permitted.
   2. Sign Clearance. Any attached sign projecting 12 inches from a wall shall have a minimum nine (9) foot clearance over sidewalks and 14 foot clearance over roads, drives and alleys (no projection is allowed in any right-of-way).
   3. Maximum Area. Ten (10) percent of any wall area fronting a road and/or building facade, up to a maximum of 250 square feet.
   4. Illumination. Lighting of signs shall be installed in such a manner that the source of light (the bulb) is shielded and not visible from adjacent roadways.
3. Prohibited Sign. Portable, animated and flashing signs are prohibited.
4. Electronic Message Sign. Electronic message signs are allowed.

The sign standards of this subpart identify districts in which outdoor advertising signs are permitted and provide requirements and standards therefore. The following standards shall be in effect to provide appropriate outdoor advertising signage (except for those signs which are exempt or prohibited by this Article), and compliance therewith is required for the erection of a new outdoor advertising sign.

Outdoor advertising signs are permitted only in commercial and industrial districts where they are located in the Utility Service Area (USA) as identified by the Comprehensive Plan. Outdoor advertising signs shall be classified based on size and include: Outdoor Advertising Signs Type A, B and C (see Table 7.1).

1. Signs greater than 380 square feet are considered billboards and are not permitted in the County.
2. Maximum height shall be measured from the existing road grade to the uppermost point on the sign structure.
3. Minimum setback shall be measured horizontally form the adjacent edge of right-of-way to the nearest edge of the sign structure, provided that no part of the sign or sign structure shall encroach upon a public right-of-way. Where property abuts more than one (1) road, signs shall be set back an equivalent distance from each road no less than the minimum setback required.

Outdoor advertising signs shall be spaced so that such outdoor advertising sign (or its structure) is placed no closer to the next outdoor advertising sign (or its structure) or any existing adjacent residence than the minimum spacing distance required (see Table 7.1). Spacing shall apply to outdoor advertising signs located on either side of a road. The minimum distance between signs or between a sign and a residence shall be measured horizontally between the nearest points on either structure. If, because of terrain, vegetation or practical difficulties, a point-to-point accurate measurement cannot be obtained, the Zoning Administrator may extend any point of measurement to a logical corresponding location and measure from this point. Using the extended measuring method a variation of five (5) percent is acceptable for the purpose of this Article.

The minimum distance between a sign structure and a residence shall not be less than 1,000 feet, except:

1. Where the adjacent residence is a nonconforming use;
2. Where the sign was erected after the original effective date of this Article (May 21, 1986, as amended) and predates a residence, the sign shall not be nonconforming because of distance from the residence;
3. Where the sign was erected prior to the effective date of this Article (May 21, 1986 as amended) and duly registered, the sign shall not be nonconforming because of distance from another sign or a residence; or
4. Where the topography obscures the sign from sight by the residents of the dwelling.

The spacing requirement may be reduced by up to 25 percent where the topography obscures the sign from sight by the residents of the dwelling.

Maintenance requirements must be observed for all signs visible from any public road or highway within the jurisdiction of this Chapter. A sign in a state of disrepair shall be considered in violation of this Chapter. A sign shall be in a state of disrepair and require maintenance where the sign and its structure are:

1. More than 20 percent covered with disfigured, cracked, ripped or peeling paint or poster paper (or any combination of these conditions);
2. More than 15 degrees from the perpendicular as a result of bent/broken sign facing or supports, and/or loose appendages/struts;
3. Obscured from the road/highway from which it is to be viewed by weeds, vines or other vegetation growing on it; and/or.
4. To be illuminated, but are only partially illuminated.