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Q: BILLBOARDS IN N.CAROLINA ( Answered,   0 Comments )
Question  
Subject: BILLBOARDS IN N.CAROLINA
Category: Business and Money > Advertising and Marketing
Asked by: bob76-ga
List Price: $20.00
Posted: 13 Apr 2005 07:43 PDT
Expires: 13 May 2005 07:43 PDT
Question ID: 508757
BILLBOARDS & OUTDOOR SIGN RESTRICTIONS IN NORTH CAROLINA -BOTH ON
FREEWAYS AND COUNTY ROADS- -
Answer  
Subject: Re: BILLBOARDS IN N.CAROLINA
Answered By: redhoss-ga on 13 Apr 2005 09:24 PDT
 
Hello bob76, as you might expect there are many statutes and
codes/ordinances that address billboards and off-premise advertising
signs in North Carolina. You can search state statutes here:

http://www.ncga.state.nc.us/gascripts/Statutes/Statutes.asp

I did a few searches and found the following:

Your search for billboard produced 11 matches.


 Sections Description File Formats 
1. G.S. 136-102  136-102. Billboard obstructing view at entra... [
HTML | PDF | RTF ]
2. G.S. 90-113.24  90-113.24. Advertisement of drug paraphernalia. [
HTML | PDF | RTF ]
3. G.S. 18B-105  18B-105. Advertising. [ HTML | PDF | RTF ] 
4. G.S. 163-278.38Z  163-278.38Z. Definitions. [ HTML | PDF | RTF ] 
5. G.S. 136-12.1  136-12.1. Biennial report on off-premise sig... [
HTML | PDF | RTF ]
6. G.S. 136-128  136-128. Definitions. [ HTML | PDF | RTF ] 
7. G.S. 136-131.1  136-131.1. (See editor's note for expiration... [
HTML | PDF | RTF ]
8. G.S. 121-35  121-35. Definitions. [ HTML | PDF | RTF ] 
9. G.S. 113A-167  113A-167. Existing billboards. [ HTML | PDF | RTF ] 
10. G.S. 163-278.42  163-278.42. Distribution of campaign funds; ...
[ HTML | PDF | RTF ]
11. G.S. 163-278.6  163-278.6. Definitions. [ HTML | PDF | RTF ] 


Your search for "outdoor signs" produced 1 matches.


 Sections Description File Formats 
1. G.S. 18B-105  18B-105. Advertising. [ HTML | PDF | RTF ] 

Your search for "outdoor advertising" produced 27 matches.


 Sections Description File Formats 
1. G.S. 160A-199  160A-199. Regulation of outdoor advertising. [ HTML
| PDF | RTF ]
2. G.S. 153A-143  153A-143. Regulation of outdoor advertising. [ HTML
| PDF | RTF ]
3. G.S. 136-129  136-129. Limitations of outdoor advertising ... [
HTML | PDF | RTF ]
4. G.S. 136-130  136-130. Regulation of advertising. [ HTML | PDF | RTF ] 
5. G.S. 136-131  136-131. Removal of existing nonconforming a... [
HTML | PDF | RTF ]
6. G.S. 136-133  136-133. Permits required. [ HTML | PDF | RTF ] 
7. G.S. 136-134  136-134. Illegal advertising. [ HTML | PDF | RTF ] 
8. G.S. 113A-167  113A-167. Existing billboards. [ HTML | PDF | RTF ] 
9. G.S. 113A-168  113A-168. Removal, etc., of unlawful adverti... [
HTML | PDF | RTF ]
10. G.S. 136-129.1  136-129.1. Limitations of outdoor advertisin... [
HTML | PDF | RTF ]
11. G.S. 136-135  136-135. Enforcement provisions. [ HTML | PDF | RTF ] 
12. G.S. 113A-170  113A-170. Violation a misdemeanor; injunctiv... [
HTML | PDF | RTF ]
13. G.S. 160A-400.9  160A-400.9. Certificate of appropriateness r...
[ HTML | PDF | RTF ]
14. G.S. 136-127  136-127. Declaration of policy. [ HTML | PDF | RTF ] 
15. G.S. 136-129.2  136-129.2. Limitation of outdoor advertising... [
HTML | PDF | RTF ]
16. G.S. 136-126  136-126. Title of Article. [ HTML | PDF | RTF ] 
17. G.S. 136-134.2  136-134.2. Notification requirements. [ HTML | PDF | RTF ] 
18. G.S. 163-278.38Z  163-278.38Z. Definitions. [ HTML | PDF | RTF ] 
19. G.S. 160A-211  160A-211. Privilege license taxes. [ HTML | PDF | RTF ] 
20. G.S. 136-128  136-128. Definitions. [ HTML | PDF | RTF ] 
21. G.S. 136-131.1  136-131.1. (See editor's note for expiration... [
HTML | PDF | RTF ]
22. G.S. 136-138  136-138. Agreements with United States autho... [
HTML | PDF | RTF ]
23. G.S. 136-139  136-139. Alternate control. [ HTML | PDF | RTF ] 
24. G.S. 136-140  136-140. Availability of federal aid funds. [ HTML
| PDF | RTF ]
25. G.S. 133-7  133-7. Definitions. [ HTML | PDF | RTF ] 
26. G.S. 113A-165  113A-165. Advertisements prohibited within 1... [
HTML | PDF | RTF ]
27. G.S. 163-278.6  163-278.6. Definitions. [ HTML | PDF | RTF ] 

I don't mean to bore you with this. I only wanted to show that there
are indeed many state statutes dealing with advertising. I looked at a
few of these and found some of particular interest.

 153A?143.  Regulation of outdoor advertising.

(a)       As used in this section, the term "off?premises outdoor
advertising" includes off?premises outdoor advertising visible from
the main?traveled way of any road.

(b)       A county may require the removal of an off?premises outdoor
advertising sign that is nonconforming under a local ordinance and may
regulate the use of off?premises outdoor advertising within the
jurisdiction of the county in accordance with the applicable
provisions of this Chapter.

(c)       A county shall give written notice of its intent to require
removal of off?premises outdoor advertising by sending a letter by
certified mail to the last known address of the owner of the outdoor
advertising and the owner of the property on which the outdoor
advertising is located.

(d)       No county may enact or amend an ordinance of general
applicability to require the removal of any nonconforming, lawfully
erected off?premises outdoor advertising sign without the payment of
monetary compensation to the owners of the off?premises outdoor
advertising, except as provided below. The payment of monetary
compensation is not required if:

 160A?199.  Regulation of outdoor advertising.

(a)       As used in this section, the term "off?premises outdoor
advertising" includes off?premises outdoor advertising visible from
the main?traveled way of any road.

(b)       A city may require the removal of an off?premises outdoor
advertising sign that is nonconforming under a local ordinance and may
regulate the use of off?premises outdoor advertising within the
jurisdiction of the city in accordance with the applicable provisions
of this Chapter.

(c)       A city shall give written notice of its intent to require
removal of off?premises outdoor advertising by sending a letter by
certified mail to the last known address of the owner of the outdoor
advertising and the owner of the property on which the outdoor
advertising is located.

(d)       No city may enact or amend an ordinance of general
applicability to require the removal of any nonconforming, lawfully
erected off?premises outdoor advertising sign without the payment of
monetary compensation to the owners of the off?premises outdoor
advertising, except as provided below. The payment of monetary
compensation is not required if:

Obviously these statutes give powers to the county and city to
regulate outdoor advertising.

You can research North Carolina county statutes here:

http://www.municode.com/resources/code_list.asp?stateID=33

I looked at Buncombe county and found this:

http://library8.municode.com/gateway.dll/nc/north%20carolina/7616/7714/7719?f=templates$fn=document-frameset.htm$q=[field%20folio-destination-name:'ch078.x1-78-533']$x=Advanced#0-0-0-52971

Sec. 78-532. Signs prohibited. 
The following off-premise signs and/or features shall not be erected
or maintained.
(1)     Any nongovernmental sign which resembles a public traffic sign
or a safety warning sign.
(2)     Signs, whether temporary or permanent, within any street or
highway right-of-way, with the exception of those signs approved by
the government with road maintenance responsibility.
(3)     Any sign which obstructs ingress or egress, creates an unsafe
distraction for motorists, or obstructs the view of motorists entering
a public road or highway.
(4)     Animated and flashing signs. 
(5)     Abandoned signs. 
(6)     Signs on roadside appurtenances. Off-premise signs on roadside
appurtenances including, but not limited to, roadside benches, bus
stop shelters, planters, utility poles, trees, parking meter poles and
refuse containers, with the exception of commemorative signs or
governmental signs.
(7)     Portable and moveable signs. 
(8)     Off-premise billboard signs. 
(Ord. No. 20408, art. VI,  103.00, 3-29-94; Ord. No. 01-04-11,  1, 4-3-01) 

Sec. 78-533. Regulation of off-premise advertising signs. 
The following regulations shall be applicable to off-premise
advertising signs as defined in section 78-498. Any sign not
specifically allowed is prohibited.
(1)     Size. 
a.     No off-premise advertising sign shall exceed 32 square feet in area. 
b.     A maximum of two faces per sign structure is allowed,
positioned either back to back or v-shaped, such that only one face is
allowed per side. Both sides of a double-faced or v-shaped sign shall
be of equal size. In no case shall there be more than one face per
directional flow of traffic.
(2)     Height. No off-premise advertising sign shall exceed 12 feet
in height as defined in section 78-498. feet. The 12 feet height shall
be measured from the elevation at the nearest roadway. Measurements
shall be taken from the edge of the roadway on a sight line
perpendicular to the roadway from the sign location. If the sign site
is at an intersection of roadways, the roadway with the highest
traffic density shall be the site of the measuring point.
(3)     Spacing. 
a.     The minimum distance between any two off-premise advertising
sign structures shall be 1,000 linear feet on either side of the same
street, road or highway.
b.     No off-premise advertising sign shall be located within a
100-foot radius of a school or residential structure.
c.     No off-premise advertising sign shall be located within 75 feet
of any intersection of two or more streets, roads or highways.
(4)     Setback from right-of-way. Minimum setback distances shall be as follows: 
a.     For sign area of zero to 150 square feet per face--Ten feet. 
b.     For sign area of greater than 150 square feet per face--20 feet. 
(5)     Extensions. No sign shall have any extension or combination of
extensions which exceeds 15 percent of the square footage of the sign.
(Ord. No. 20408, art. VII,  104.00, 3-29-94; Ord. No. 01-04-11,  1, 4-3-01) 

I found a very good city website concerning signs here:

http://www.ci.washington.nc.us/client_resources/codes/signord/code_signord177.htm

Code of the City of Washington, North Carolina
Chapter 27 - Zoning
Article XVI. Signs
Illustrated Sign Ordinance
Section 177: Miscellaneous restrictions and prohibitions 

(a) No temporary nor permanent sign shall be attached to a tree or to
a City utility pole, except that political signs may be posted in
accordance with Section 16-10 of the Washington City Code. No
temporary nor permanent sign shall be placed on any public street
right-of-way, except that political signs may be posted in the
right-of-way in accordance with Section 16-10 of the Washington City
Code and signs attached to a structural element of a building may be
erected in the right-of-way in accordance with Section 27-174(d)
above.
 (b) No sign may be located so that it substantially interferes with
the view necessary for motorists to proceed safely through
intersections or to enter onto or exit from public streets or private
roads.
(c) Signs that revolve or are animated or that utilize movement or
apparent movement to attract the attention of the public are
prohibited. Without limiting the preceding, banners, streamers,
animated display boards, pennants, and propellers are prohibited, but
signs that move only occasionally because of wind are allowed if their
movement is not a primary design feature of the sign and is not
intended to attract attention to the sign. The restrictions of this
subsection shall not apply to signs specified in Section 27-166(d) or
to signs indicating the time, date, and weather conditions.
(d) No sign may be erected so that by its location, color, size,
shape, nature, or message it would tend to obstruct the view of or be
confused with official traffic signs or other signs erected by units
of government.
 
 (e) Freestanding signs shall be securely fastened to the ground or to
some other substantial supportive structure so that there is virtually
no danger that either the sign or the supportive structure may be
moved by the wind or other forces of nature and cause injuries to
persons or property, in conformity with the North Carolina State
Building Code.
(f) Canopy signs are permitted when suspended or attached to the
underside of a canopy provided such signs do not exceed six (6) square
feet in area and are located at least eight (8) feet above the
sidewalk.
 (g) The sign area of a sign permanently painted, affixed, or placed
in a building window which is visible from a street right-of way shall
be restricted to no more than forty (40) percent of the total window
area.
 In the B1H and RHD districts, signs painted on storefront windows
shall take up no more than ten (10) percent of the window,
 and signs placed in windows, from the interior, shall occupy no more
than twenty (20) percent of the area of the displaying window. The
sign area of such signs shall not be included in the total sign
surface area established in accordance with the provisions of Section
27-170.
(h) Off premises signs are not permitted except for those signs
specifically exempt from regulation in accordance with Section 27-166.
 
(i) All temporary or portable signs, as defined in Section 27-164,
except for those specifically exempted in Section 27-166 and Section
27-167, are not permitted.
 
(j) Any sign made up of or containing strobe lights, ziplights,
flashing lights or rotating beacons, flags, streamers, banners,
pennants, or strings of lights, or permanently installed or situated
merchandise, except for those specifically exempted in Section 27-166
and Section 27-167, are not permitted.
 (k) Off premises, outdoor advertising signs, commonly known as
billboards, are not permitted.
(l) No sign shall contain statements, words or pictures which describe
or display "Specified Anatomical Areas" or "Specified Sexual
Activities," or which contain words which are classified as "vulgar"
or "vulgar slang" in The New College Edition of the American Heritage
Dictionary of the English Language, 1981 Edition; the phrase "god
damn" is also specifically prohibited for use in signs.
 
I suppose that most citys have similar regulations. I know that this
is quite a bit of material, but there are quite a few regulations. If
you have a specific question and will give a particular county or
city, perhaps we can narrow things down some. If so, please ask for a
clarification and I will do my best to help.

Redhoss

Request for Answer Clarification by bob76-ga on 13 Apr 2005 10:38 PDT
GOOD WORK REDHOSS- I DON'T KNOW HOW TO REFERENCE ALL THOSE G.S. #'S
ENABELING ME TO SEARCH THEM FOR DETAILED INFO. CAN YOU HELP WITH
CLARIFICATION?

Clarification of Answer by redhoss-ga on 13 Apr 2005 11:11 PDT
Thank you for the kind words. You can access the "G.S. #'S" by
clicking on this link:

http://www.ncga.state.nc.us/gascripts/Statutes/Statutes.asp

Enter the numbers before the dash in the G.S. identifier (G.S. stands
for General Statute) where it says "LOOK UP". Here are some examples:

For G.S. 136-102 you would enter only "136"
For G.S. 90-113.24 you would enter only "90"
For G.S. 18B-105 you would enter only "18B"

This will get you to the proper Chapter. You will then have to scroll
down to find the exact part of the statute you want. They are quite
lengthy and in some cases it may be pretty far down the page. Also,
you can use the "Ctrl F" function to search the document. Please let
me know if you have any problems. It has been a pleasure to assist you
with your question.
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