Intro

9.1.2 Applicability and Effect

(A) Applicability

A sign may be erected, placed, established, painted, created or maintained in the Town only in conformance with the standards, procedures, exemptions and other requirements of this chapter. Signs exempt from regulation under Section 9.2 shall not otherwise be subject to this chapter.

(B) Effect

The effect of this chapter, as more specifically set forth herein, is:

(1) To establish a system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other zones, subject to the standards and the permit procedures of this chapter;

(2) To allow certain signs that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this chapter, but without a requirement for permits;

(3) To provide for temporary signs in limited circumstances;

(4) To prohibit all signs not expressly permitted by this chapter; and

(5) To provide for the enforcement of the provisions of this chapter.

Notwithstanding the requirements of this chapter, the Town recognizes the importance and desirability of having signage regulations which are somewhat more flexible in special areas of interest and/or higher densities like the Town Center, mixed use centers, or traditional neighborhood developments as described in Section 8.4. Certain exemptions and modifications to the general signage requirements are provided within Section 9.6 of this chapter for the express purpose of recognizing the need for flexible signage regulations in these special areas.

(D) Transitional Provisions

(1) All signs legally erected prior to January 13, 2000 may remain in place and in use, subject to certain restrictions on modification, replacement and other actions affecting the sign, as set forth in this chapter.

(2) All holders of permits for signs issued legally prior to January 13, 2000 may erect the signs that are the subject of such permits within the times allowed by such permits, and such signs shall then be treated as though they had been erected prior to January 13, 2000. However, such permits may not be extended or amended unless the sign that is the subject of such permit will conform to all of the requirements of this chapter.

(3) All violations of the sign regulations repealed by this chapter shall remain violations of the Ordinances of the Town and all penalties and enforcement remedies set forth hereunder shall be available to the Town as though the violation were a violation of this chapter. However, if the effect of this chapter is to make a sign that was formerly nonconforming become conforming, then enforcement action shall cease except to the extent of collecting penalties (other than the removal of the sign) for violations that occurred prior to January 13, 2000.

Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008

Note: This is not the official version of the Cary Land Development Ordinance