The Alleghany County Board of Commissioners met in
regular session on Monday, February 18, 2008, at 3:30pm in the Board Meeting
Room of the County Administration Building, 348 South Main Street, Sparta,
North Carolina.

Present:
Chair Ken Richardson, Vice-Chair Warren Taylor, Commissioner Randy
Miller, Commissioner Doug Murphy, Commissioner Milly Richardson, County Manager
Don Adams and Clerk to the Board Karen Evans.  County Attorney Donna Shumate was
present but arrived late.

Chair Ken Richardson called the meeting to order.

Commissioner Warren Taylor led the Pledge of
Allegiance and opened the meeting with a prayer.

Chair Ken Richardson stated that closed session for
personnel needs to be added to this agenda.

Commissioner Milly Richardson made a motion to
approve the amended agenda for this February 18, 2008, meeting.  Commissioner Doug Murphy seconded the
motion.  Vote 5:0.

AGENDA

Monday, February 18, 2008

3:30 PM

3:30                Meeting
Called To Order, Pledge of Allegiance and Prayer

Motion
on Agenda for February 18, 2008, meeting

Motion
on Minutes for February 4 and 11, 2008, meetings

Motion
on January Tax Releases & Refunds

3:35    A.        Public
Comments—30 minutes

B.
Mary Walker

RE:
Vehicle Tax Appeal

C.
Mike Pierce

RE:
Northwest Cluster Update

4:00    D.        Public
Hearing

RE:  Off-Site Sign Control Ordinance

E.
David Evans

RE:  Fairgrounds Policy and Procedures

F.         Sheriff
David Edwards/Steve Cothren/Steve Crisp

RE:
ZIMEK Presentation

Smoking
Policy

G.        Extension
Service Annual Report

H.        Finance
Office Annual Report and Audit Contract

I.          County
Business

1.
Certificates of
Appreciation

2.
Planning Board
Appointments

3.
Interfund
Transfer—Planning to Recreation

4.
Budget
Amendment—Planning

5.
Budget
Amendment—Glade Creek Volunteer Fire Department

6.
Budget
Amendment—Maintenance

7.
Fuel Oil Bids

8.
Old Post Office
Lease

9.
NCACC Resolution

10. Other Business

11. Closed Session—NCGS 143-318.11 (a)
(6)—personnel   (added)

12. Adjourn

Commissioner
Randy Miller made a motion to approve the minutes for the February 4 and 11,
2008, meetings.  Commissioner Milly
Richardson seconded the motion.
Vote 5:0.

Commissioner
Milly Richardson made a motion to approve the real property releases and
refunds for January.  Commissioner
Randy Miller seconded the motion.
Vote 5:0.

Commissioner
Milly Richardson made a motion to approve the auto refunds and releases for January.  Commissioner Randy Miller seconded the
motion.  Vote 5:0.

Chair
Ken Richardson opened the public comments’ portion of the meeting.  He asked for public comments.

Paul
Reeves asked why the County Commissioners do not have a blue print for the
middle school so everyone can see it.

Brandon
Hawks stated the need for a new plan for the town because people cannot stand
to see the area suffer any longer.  He talked about students want to leave to
have something better to do with their lives.  He asked if everyone could start
economic solutions to the economic problems that we have.  He talked about having a movie theater
could be a start and would be things for students to do.  He further talked about the library
needs to be expanded and the reasons.
He asked everyone to reach out to businesses to come here, ways to help the
economic situation and help the citizens of the county.  He thanked the Board for their time.

County
Attorney Donna Shumate arrived at the meeting.

Chair
Ken Richardson asked for additional public comments.  None were received.  He closed the public comments’
portion.

Mary
Walker, Tax Administrator, presented a vehicle tax appeal on a 1999 Silverado
with her recommendation being $6,235.

Commissioner
Warren Taylor made a motion to approve Mary Walker’s recommendation. Commissioner
Milly Richardson seconded the motion.
Vote 5:0.

Mary
Walker discussed the Board of Equalization and Review schedule.  She reminded the Board about the
requirements for the meetings.  She
stated that the Board probably will need three meetings.  She talked about dates for the meetings.

Chair
Ken Richardson stated that the Board will try to give Mary Walker dates at the
next meeting.

Mike
Pierce came before the Board to present an update on the Northwest North
Carolina Advanced Materials Cluster.
He presented the information in a PowerPoint presentation by reviewing
the highlights of the Cluster including where are advanced materials, their accomplishments
and plan of work.

Commissioner
Doug Murphy, County Manager Don Adams and Mike Pierce discussed providing
education based on industry needs.

Mike
Pierce continued providing an update including Martin Marietta being able to
produce new vehicle prototypes and obtained grants to provide equipment to the
high school. He thanked the Board of Commissioners for their support.

Commissioner
Milly Richardson and Chair Ken Richardson stated their appreciation for the
cluster’s activities.

Chair
Ken Richardson opened the public hearing at 4:00pm regarding off-site signage.  He asked for public comments.

Dan
Abernathy came before the Commissioners as the Planning Board Chair.  He encouraged the Commissioners to consider
passing the Planning Board’s ordinance and give it a chance to work. He
stated that staff has been keeping track of issues as they arise then go back
and amend the ordinance to what needs changing.  He further stated that temporary signs
put up for Christmas Trees are exempt.
He asked everyone to read over the exemptions.  He said that during the time that the
Planning Board worked putting this together with staff, they got feedback from
several people and responded to concerns that were presented at the time. He
stated that the Planning Board’s intent is to strictly regulate off-site
advertising signs.

Chair
Ken Richardson asked does the Planning Board recommend that all off-site signs
be permitted.

Dan
Abernathy talked about permitting is a way to keep up with the signs.  He further talked about the number of
signs at one area in Ashe County.  He
stated that the Planning Board is concerned about signs popping up
everything.  He reiterated that the
permitting process is to maintain records about the signs, and the Planning Board
has never discussed a fee schedule.

Chair
Ken Richardson talked about the workshop that Mr. Abernathy attended and heard comments
about congratulating the Planning Board for their work on the comprehensive ordinance.  He explained what is the Planning
Board’s responsibility and the Commissioners’ responsibility.  He talked about the amount of work that
the permitting process will place on the staff.

Commissioner
Doug Murphy stated that the grandfather clause would apply for all signs that
are already in place.

Dan
Abernathy stated that they would be grandfathered but would still require a permit.

Chair
Ken Richardson stated that his understanding is that all signs would have to be
permitted in order to get accurate records.

Dan
Abernathy agreed and stated that he didn’t gather information regarding
the number of signs in the county.

Planner
Kathy Murphy stated that she drove one route looking at signs along the roads
when the sign ordinance was first being discussed.  She said she took around 30 pictures of
signs.

Jimmy
Boyer stated that he is in the real estate business.  He further stated that he has three
copies of the sign ordinance.  He
asked which version the Board is hearing comments on.

Chair
Ken Richardson stated all three because the Board wants to get public input to
decide which version.

Jimmy
Boyer stated that after reading all three versions, he is firmly against
this.  He said that the State has
sign regulations, and let them take care of signs.  He talked about other restrictions that
have to be done and the hardships they place on people.  He said that the more law you have the more
costly government is.  He talked
about he thinks the situation that started this was personality issues.  He stated that we need free enterprise.  He talked about the situation on Highway
221.

Planner
Kathy Murphy read an email from Martha Holder stating that “In the past, the
Commissioners, particularly the Chair, has only looked at the IMMEDIATE needs
of the county. However, it is evident that this has been a poor decision making
process as evidenced by the hundreds of thousands of dollars that the recent
lawsuit cost Alleghany County.  Instead,
we need, as a county, to look forward and PLAN (that is, to consider and
develop a meaningful process for development) in this county.  For this reason, I encourage the
Commission to consider the full ordinance as proposed by the County Planning
Board. To do less will create an ordinance that not only is weak and
unenforceable, but also does not address future needs of the County.”

Chair
Ken Richardson asked that the email be made available to the Clerk to be
attached to the minutes.

Chair
Ken Richardson asked for further public comments.  None were received.  He closed the public hearing at 4:13pm.

David
Evans, Recreation Director, came before the Commissioners to discuss the Fairgrounds
policy and procedures.  He described
the proposed changes; clean-up checklist, sound system requirements with a
deposit and changes on the fairgrounds application to include the PA/Amplifiers
will be turned off no later than 11:00pm and a $15 a day user fee starting the
day keys are pickup up until they are returned.  He stated that these changes were
approved by the Fairgrounds Board.

County
Manager Don Adams explained the purpose of the deposit for the sound system.

David
Evans explained the reasons for changing the rules and regulations.

Commissioner
Warren Taylor and David Evans discussed the fee schedule.

County
Manager Don Adams explained the fee schedule.

Commissioner
Warren Taylor and County Manager Don Adams discussed the sound system deposit of
$50 and the $15 a day would not be released.

Chair
Ken Richardson asked if David Evans has the responsibility to be sure all of
this is carried out.

David
Evans answered yes he does.  He
explained that these fees will be collected from applicants from this point
forward.

Commissioner
Milly Richardson made a motion to approve the proposed changes as presented by
the Recreation Director.
Commissioner Doug Murphy seconded the motion.  Vote 5:0.

Steve
Crisp/Chad Harris with ZIMEK Room Sterilizer came before the Board to discuss
their room sterilizer product.
Steve Crisp talked about the sterilizer and how it can be used in
offices and vehicles.  He explained the
handouts provided to the Board and how their product works including the time
it takes for treatments, list of the bacteria that it kills, costs of the
necessary chemicals, costs to operate is 63¢ a minute, testimonial from a
customer, independent study, benefits of the system, price quote and leasing prices.

Commissioner
Warren Taylor and Steve Crisp discussed excavating the building and inhalation
issues if someone remains in the facility.
Mr. Crisp stated that he had talked to the Sheriff and Steve Cothren and
they stated they do have somewhere for inmates to go.

Commissioner
Doug Murphy and Steve Crisp discussed reentry time.

Commissioner
Warren Taylor and Steve Crisp discussed how to proceed with the regular
cleaning because the ZIMEK machine disinfects at a different level.

Commissioner
Doug Murphy, Steve Crisp and Chad Harris discussed there aren’t any products
out there that do this type of action; Homeland Security uses it, and released
it for the public’s use.

Commissioner
Warren Taylor and Steve Crisp discussed the weight of the machine and the
chemicals.  They also discussed this
has a two-year warranty and shouldn’t have maintenance fees associated
with it.

County
Manager Don Adams asked about data comparing using this as compared to using
standard cleaning practices and whether incidents decreased.  Mr. Crisp stated that they don’t
have data to prove that incidents decreased and explained cleaning procedures now
versus with the system.

Commissioner
Milly Richardson stated that she was invited to watch the demonstration.  She talked about positive comments she
heard from EMS personnel about how it cleans the ambulances.  She further talked about the number of
departments that could use this.  She stated that it is on wheels.

Steve
Crisp stated that they use a lift-gate on a truck because they are in more than
five places a day.  He talked about
using a transportation vehicle with a lift on the back to get it to several
different stations.

Commissioner
Warren Taylor and Steve Crisp talked about training will take around one hour
and they will train several people how to use the machine.

Commissioner
Milly Richardson stated that there is a computer that keeps up with a log about
when stations were cleaned.

Commissioner
Doug Murphy asked if they stand behind this product to get rid of the bacteria
listed on the paper.

Steve
Crisp and Chad Harris stated that the EPA stands behind it.

Chair
Ken Richardson stated that the Board will take this under consideration.  He further stated that the Board will
have budget workshops coming up.  He
thanked Mr. Crisp and Mr. Harris for their presentation.

George
Stancil, Extension Service Director, gave the Board information, and individually
thanked the Commissioners for their efforts.  He reviewed the activities of the
Extension Service staff, introduced staff and their functions.  He continued reviewing statistics
including the number of contacts with the public, radio programs, newspaper
articles, outstanding programs in 2007, agriculture activities, cattle
association’s activities, services provided for by funding of 70% from the
State and 30% from the County.  He thanked
the staff and Board of Commissioners.

Commissioner
Milly Richardson thanked George Stancil for his work with the Extension
Service.

Chair
Ken Richardson stated that Commissioner Randy Miller and County Manager Don
Adams serve on the extension advisory committee.

Joy
Hines, Finance Officer, came before the Board to present the annual audit
contract with Martin Starnes and Associates.  She provided a list of audit costs for
other counties as a comparison.

Chair
Ken Richardson stated that it is important that Mrs. Hines and the County
Manager recommend the contract

Joy
Hines stated yes, she recommends approval of the contract.

Commissioner
Warren Taylor made a motion to continue the audit contract.  Commissioner Doug Murphy seconded the
motion.  Vote 5:0.

Joy
Hines presented the Finance Office annual report.  She stated that she provided a calendar
to the Board so they will know what the Finance Office does.  She informed the Board about the number
of transactions that the Finance Office does.  She talked about activities the Finance
Office has been involved in; direct deposit, flu shot clinic, ORBIT retirement system
changeover, ESC changes.  She
further talked about things coming up in the near future; employee benefits enrollment
first week in June, audit funding will come from next year monies, auditors
will be here the first week in March, budget process begins on March 4, 2008.  She talked about the CD rates and a comparison
of using First Charter versus using another bank with a sweep account.

Chair
Ken Richardson said this is a good opportunity to see what the Finance Office does
and how much money is handled in the office.

Commissioner
Doug Murphy and Commissioner Milly Richardson stated their appreciation.

County
Manager Don Adams stated that the Finance Office also does all of the solid
waste billing and along with Karen Evans, act as the human resource department.  He provided examples.

Chair
Ken Richardson asked for Dan Abernathy and Sharrel Wyatt to come forward.  He presented them with a certificate of
appreciation for their term on the Planning Board.  He explained that they will be rotating
off of the Board.  He thanked them
for their year of service.

Chair
Ken Richardson stated that there are three proposals regarding the sign
ordinance.  He stated he would like
to have discussions among the Board.

Commissioner
Milly Richardson talked about attending the Planning Board meeting, and they
are concerned with the spacing requirements and that the Commissioners only
want to address immediate concerns with the Planning Board wanting to look at
long-term needs.  She said that the Planning
Board urged her to urge the Commissioners to adopt the original ordinance.

Commissioner
Warren Taylor asked about the major differences between the versions.

County
Manager Don Adams talked about the revised ordinance, exemptions are different,
prohibited are significantly different, differences in maintenance and
differences in intersections requirements.
He stated that there are significant differences in the ordinances.  He further stated that one is
comprehensive and one is as basic as you can get and still deal with
billboards.

Commissioner
Milly Richardson made a motion to adopt the original version as presented by
the Planning Board with the change in size being 4x8 and larger to be reviewed
in one year.  Commissioner Doug
Murphy seconded the motion.

Commissioner
Warren Taylor stated that the Board should go with the original plan or the no-permitting
plan proposed earlier.

Commissioner
Milly Richardson re-clarified her motion to be 4x8 and down will be exempt and
this only deals with off-site signs.

Chair
Ken Richardson and Commissioner Doug Murphy discussed temporary signs.

Commissioner
Randy Miller stated that he thinks the Board should look at it in 6 months.

Commissioner
Milly Richardson amended her motion to 6 months rather than one year.  Commissioner Doug Murphy seconded the
amendment.  Vote 4:1 (Ken
Richardson).

County
Manager Don Adams clarified that #10 on page 4 will say that all signs 32
square feet or less are exempted from this ordinance and the ordinance is in
effect for six months.

County
Manager Don Adams reviewed the applicants for the two Planning Board
vacancies.

Chair
Ken Richardson stated that these are for one-year appointments.  He talked about starting with the
vacancy for Prathers Creek.

Commissioner
Milly Richardson stated that Mr. Williams appeared before the Board about
concerns and showed his interest.

The
Board talked about ways to proceed.

Chair
Ken Richardson talked about tabling this until later in the meeting.

Commissioner
Warren Taylor and County Manager Don Adams discussed the number of slots open
and how to proceed.

County
Manager Don Adams presented an interfund transfer from Planning to Recreation.  He reminded the Board that additional
money was budgeted for another position in Planning, Amy Pardue left and the
Board decided to split the Planning/Recreation department into two departments
by hiring a Planner and a Recreation Director.

Commissioner
Milly Richardson made a motion to approve the interfund transfer.  Commissioner Doug Murphy seconded the
motion. Vote 5:0.

County
Manager Don Adams presented budget amendment General Fund #21 in the amount of
$1,103 for the Planning Department.
He explained that this is for Kathy Murphy to attend the Floodplain
Manager’s 2008 annual conference in order to become certified as a
floodplain manager.

Commissioner
Warren Taylor made a motion to approve budget amendment General Fund #21 in the
amount of $1,103.  Commissioner
Milly Richardson seconded the motion.
Vote 5:0.

County
Manager Don Adams presented budget amendment General Fund #23 in the amount of
$10,000 for Maintenance.  He
explained that this is due to several larger expenses this year; such as,
elevator repairs, thermostats repairs, window repairs and air-conditioning
repairs.  He stated that he will instruct
the County Manager to write a letter to the manufacture because all of the thermostats
have gone out in the Administration Building.

Commissioner
Milly Richardson made a motion to approve budget amendment General Fund #23 in
the amount of $10,000.  Commissioner
Warren Taylor seconded the motion.
Vote 5:0.

County
Manager Don Adams presented budget amendment General Fund #22 in the amount of
$2,281 for Glade Creek Fire Department.
He explained that this is monies from NCDOT to the fire department to
reimburse for paving their entrance.

Commissioner
Warren Taylor made a motion to approve budget amendment General Fund #22 in the
amount of $2,281.  Commissioner
Milly Richardson seconded the motion.
Vote 5:0.

County
Manager Don Adams presented fuel oil bids from G&B Energy and Hometown Fuel
Services.  He reviewed the bids for
COA, Duncan Recreation Center, EMS, off-road diesel from each company and the energy
crisis bids and delivery charges.  He reviewed the total costs for each
company with a savings of approximately $79.63 if the County goes with Hometown
Fuel Services.

Commissioner
Milly Richardson and County Manager Don Adams discussed that the County
hasn’t experienced any problems with Hometown’s delivery.

Commissioner
Milly Richardson made a motion to award the bid to Hometown Fuel Services.  Commissioner Doug Murphy seconded the
motion.  Vote 5:0.

County
Manager Don Adams presented a resolution approving commercial leases for the
Old Post Office Building.  He reiterated
that the property was bought by the Library and the rent monies would be used towards
building a new library.  He
explained that the Library fixes maintenance issues over $500 and the renters
fix maintenance issues under $500.  He
stated that the Democratic Party would rent half for $400 per month for eight
months and Pathway Therapy Services would rent the other half for $400 per
month for eight months.  He stated
that a request had been made to reduce the insurance from $2,000,000 to $1,000,000.

Commissioner
Warren Taylor asked if the County Manager discussed the Democratic Party renting
the facility with Pathway.

County
Manager Don Adams stated that they know that people were looking to rent the
facility.

Commissioner
Warren Taylor made a motion to change the insurance and approve the
resolution.  Commissioner Doug
Murphy seconded the motion.  Vote
5:0.

County
Manager Don Adams presented a NCACC joint resolution regarding celebrating 100
years of county unity.

Commissioner
Milly Richardson made a motion to approve the resolution.  Commissioner Randy Miller seconded the
motion.  Vote 5:0.

County
Manager Don Adams stated that he put the smoking policy regarding the
Sheriff’s areas on this agenda.
He explained he didn’t schedule it for an earlier meeting because
the Sheriff was already scheduled to be at this meeting.

The
Board of Commissioners stated to invite him back at another meeting.

Chair
Ken Richardson asked the Board to discuss the Planning Board applicants.  He stated that no one from Whitehead
applied.  He asked the Board to rank
the applicants.

The
Board took a minute to rank the applicants.

The
Board asked Kathy Murphy to tally the Commissioners’ ranking of the
applicants.

Commissioner
Warren Taylor stated that the Alleghany County sign on Highway 21 Mountain is
shot up and that is the first thing people see.  He talked about the need to get the sign
replaced.

Commissioner
Randy Miller made a motion to enter into closed session at 5:39pm under NCGS
143-318.11 (a) (6)—personnel.
Commissioner Milly Richardson seconded the motion.  Vote 5:0.

Commissioner
Milly Richardson made a motion to adjourn closed session at 6:05pm and
reconvene the regular meeting.  Commissioner
Warren Taylor seconded the motion.
Vote 5:0.

Chair
Ken Richardson stated that no decisions were made during closed session.

The
Board asked Kathy Murphy about the tallying results.

Planner
Kathy Murphy stated that everyone agreed about Jason Williams in Prathers Creek
to be on the Planning Board.

Commissioner
Randy Miller made a motion to appoint Jason Williams from Prathers Creek to the
Planning Board.  Commissioner Warren
Taylor seconded the motion.  Vote
5:0.

Planner
Kathy Murphy stated that the ranking for the at-large member was tied between
Mike Rowe, Jim Winfield and Jeffrey Wyatt.

The
Board ranked those three people.
Planner Kathy Murphy tallied the results.

Chair
Ken Richardson mentioned the Board of E&R schedule.  He reviewed the dates and procedures.

Planner
Kathy Murphy stated that there is a tie between Mike Rowe and Jeffrey Wyatt.

The
Board ranked the two members.
Planner Kathy Murphy tallied the votes and stated that Jeffrey Wyatt
received three votes and Mike Rowe received two.

Commissioner
Warren Taylor made a motion to appoint Jeffrey Wyatt as an at-large member on
the Planning Board.  Commissioner
Milly Richardson seconded the motion.
Vote 5:0.

Being
no further business, Commissioner Warren Taylor made a motion to adjourn the
meeting at 6:11pm.  Commissioner
Doug Murphy seconded the motion.
Vote 5:0.

Respectfully Submitted,

Karen Evans

Clerk to the Board

Attest:

Ken Richardson

Chairman

Joint Resolution Celebrating 100 Years of
County Unity in

Recognition
of Our Association’s Centennial

WHEREAS, the North Carolina Association
of County Commissioners is an advocacy and service organization made up of all
one-hundred (100) North Carolina counties; and

WHEREAS,
the active participation and engagement of all 100 counties have directed, strengthened
and enhanced our Association; and

WHEREAS,
the dedication and talents of individual county commissioners and county staff
have led our Association’s success in advocacy, county-centered services
and educational programs; and

WHEREAS,
an informal agreement to form our Association was made by a handful of county
commissioners who, at the behest of Craven County Commissioner C.E. Foy, met in
New Bern in 1908, to discuss county issues of common interest; and

WHEREAS, the
first session of our unofficial Association was held at the Atlantic Hotel in
Morehead City on August 19, 1908, where C.E. Foy was elected as president; and

WHEREAS,
the North Carolina General Assembly passed an act on March 8, 1909 establishing
our Association on behalf of counties;

NOW,
THEREFORE BE IT RESOLVED, that the North Carolina Association of County
Commissioners and each Board of County Commissioners jointly recognize and celebrate
“100 Years of County Unity” in tribute to our Association’s
Centennial.

FURTHER
BE IT RESOLVED, that the Association communicate its copy of this joint
resolution to each Board of County Commissioners.

FURTHER
BE IT RESOLVED, that the Alleghany County Board of County Commissioners communicate
its copy of this joint resolution to the North Carolina Association of County
Commissioners.

Adopted this the 18th day of February,
2008.

ALLEGHANY COUNTY

NORTH CAROLINA

Findings and Declaration of Policy Concerning Off-Site Signs

WHEREAS,  roadways allow for the safe and efficient movement of people,
goods, and services and serve as the primary means of presenting the character
of Alleghany County to travelers; and

WHEREAS,  outdoor advertising can be considered a legitimate commercial
activity adjacent to other commercial activities along roadways; and

WHEREAS,  off-site outdoor advertising signs serve a different function
than on-site signs and should be regulated accordingly; and

WHEREAS,  the Alleghany County Planning Board has recognized the need to
regulate the proliferation of off-site outdoor advertising signs as to their
location, spacing, size, density, and other considerations, and after careful
study and consideration and holding a public hearing thereon, has developed
this ordinance to accomplish these objectives; and

WHEREAS,  the Alleghany County Board of Commissioners declares that
control of outdoor advertising signs is necessary to promote the reasonable and
orderly display of such signs along roadways in order to maintain roadside
views, to enhance the attractiveness of the area for residents and tourists, to
protect property values, to protect the public investment, to minimize
distraction of operators of motor vehicles, and to promote the overall economic
welfare of Alleghany County; and

WHEREAS,  the Outdoor Advertising Control Act (NCGS 136-126. et. seq.)
does not adequately achieve these purposes; and

WHEREAS,  Alleghany County, pursuant to NCGS 153A-340, has the authority
to adopt zoning and development ordinances for the purpose of promoting health,
safety, morals, or the general welfare; and

WHEREAS,  Alleghany
County intends to enact outdoor advertising sign regulations which are more
restrictive and comprehensive than those now in effect and administered by the
North Carolina Department of Transportation; therefore,

BE IT RESOLVED, that the Alleghany County Board of Commissioners hereby adopts
the following Ordinance:

Off-Site Sign
Control Ordinance

Alleghany County, North Carolina

Table of Contents

Page #

ARTICLE I                                       Title                                                                 3

ARTICLE II                                                 Authority                                                        3

ARTICLE III                                    Jurisdiction                                                      3

ARTICLE IV                                    Purposes                                                          3

ARTICLE V                                                 Applicability                                                   4

ARTICLE VI                                    Sign Regulations                                             4

Section 1                                             Sign Regulations                                             4

Section 2                                             Sign Exempted                                               4

Section 3                                             Temporary Off-Site Signs Regulated

But Not Requiring a Permit                            5

Section 4                                             Signs Prohibited                                              5

Section 5                                             Off-Site Advertising Sign Regulations          5

ARTICLE VII                                  Sign Maintenance and Tree Cutting               7

Section 1                                             Maintenance                                                    7

Section 2                                             Unlawful Cutting of Trees or Shrubs                         7

ARTICLE VIII                                 Permits, Fees and Nonconforming Signs        8

Section 1                                             Permits                                                            8

Section 2                                             Permit Application                                          9

Section 3                                             Permit and Permit Emblem                             9

Section 4                                             Plans, Specifications and Data Required for

Permit                                                              9

Section 5                                             Permit Fees                                                     9

Section 6                                             Permit Transfers                                              9

Section 7                                             Permit Revocations                                         9

Section 8                                             Nonconforming Signs                                     10

Section 9                                             Notice Given for Refusing to Issue Permit    10

Section 10                                           Reconstruction of Damaged Signs                 10

ARTICLE IX                                    Administration, Enforcement, Appeals, Penalties

Section 1                                             Administration                                                11

Section 2                                             Appeals                                                           11

Section 3                                             Violations and Penalties                                 11

ARTICLES X                                   Definitions and Interpretations                       11

ARTICLES XI                                  Legal Status Provisions                                   15

Section 1                                             Conflict With Other Laws                              15

Section 2                                             Variances                                                        15

Section 3                                             Separability                                                     15

Section 4                                             Effective Date                                                16

OFF-SITE SIGN
CONTROL ORDINANCE

ALLEGHANY COUNTY, NORTH
CAROLINA

ARTICLE I

TITLE

This ordinance shall be
known and may be cited as the “Off-Site Sign Control

Ordinance
of Alleghany County, North
Carolina”.

ARTICLE II

AUTHORITY

This ordinance is
established by the Alleghany
County Board of
Commissioners Pursuant to authority conferred in Chapter NCGS 153A-340 of the North Carolina General Statutes.

The Board of Commissioners
hereby ordains and enacts into law the following articles

and sections.

ARTICLE III

JURISDICTION

The provisions of this
ordinance shall apply to all unincorporated areas of Alleghany

County, lying outside of the
corporate limits or extraterritorial jurisdiction of any

incorporated town. Municipalities within Alleghany County may elect to allow this

ordinance to be effective within their corporate limits and
extraterritorial jurisdiction.

ARTICLE IV

PURPOSES

The purpose of these sign regulations is to
guide and regulate the construction and

placement of off-site signs in Alleghany County. It is the intent of this ordinance to
improve safety for local and visiting motorists and pedestrians in Alleghany County by
reducing the distracting influence of uncontrolled off-site signs; to minimize
the possible adverse effect of off-site signs on nearby public and private
property; to protect the quality of life of the county’s residents and visitors; to preserve
and maintain the scenic and aesthetic environment of the county; and to enable the
fair and consistent enforcement of these sign regulations.

ARTICLE V

APPLICABILITY

An off-site sign as herein defined may
be erected, placed, established, painted,

created or maintained in the jurisdiction of this ordinance
only in conformance with the

standards, procedures, exemptions and other requirements of
this ordinance.

The effect of this ordinance
as more specifically set forth herein is to:

▪
Establish a
permit system to regulate the time, place and manner of the

commercial use of certain types of off-site signs subject to the standards and the
permit procedures of this ordinance; and

▪
Exempt from
these regulations all on-site signs as herein defined; and

▪
Prohibit all
off-site signs not expressly permitted by this ordinance; and

▪
Provide for the
enforcement of the provisions of this ordinance.

ARTICLE VI

SIGN REGULATIONS

Section
1. Sign Regulations

Except as specifically
exempted, prohibited or regulated but not requiring a permit in this

section, all off-site signs or components constructed,
reconstructed, placed,

relocated or maintained shall require a permit in accordance
with the provisions of this

ordinance. All off-site advertising signs permitted by this
ordinance shall be

constructed and erected in accordance with the North Carolina
State Building Codes, as

amended.

Section
2. Signs Exempted

The following off-site signs
are exempted from this ordinance:

Governmental signs.

Flags or insignia of any governmental or
non-profit organization when not

displayed as an advertising device.

Warning signs posted by utility or construction
companies.

Commemorative tablets, markers or monuments
constructed by or with the

permission of the Alleghany County
Board of Commissioners.

Signs on operational motor vehicles indicating
the name of a business, when the

vehicle is not intended solely for a display of signs.

Signs required by law, statute or ordinance.

Decorations or displays of a temporary nature
that are associated with any

national, local or religious holiday or celebration.

Political signs.

Temporary Directional signs not to exceed an
area of 4 square feet

Yard sale signs.

Any sign with a surface area of 32 square feet
or less.

Section
3. Temporary Off –Site Signs Regulated But Not Requiring a Permit

The following off-site signs
are regulated under this ordinance but do not require a

permit.

Off-site directional signs as herein defined
shall not exceed a maximum of 16 square feet in area per directional flow
of traffic and eight (8) feet in height. Not more than two (2) directional
signs shall contain directions or reference the same activity or business.
Off-site directional signs shall be non-illuminated and located outside of
any sight distance triangle.

Temporary signs not exceeding a maximum of 16
square feet in area.

Section
4. Signs Prohibited

The following off-site signs
and off-site sign
features or components are

prohibited:

Signs obstructing the view of motorists entering
or exiting roads or highways, or interfering with the driver’s view
of approaching, merging or intersecting traffic.

Animated signs and signs with direct
illumination or signs with indirect

illumination which direct or allow a lighting source to direct
light on any

residential dwelling or at any portion of a roadway with an
intensity which may

impair a driver’s vision.

Any non-governmental sign resembling a public safety warning
or traffic signal.

Signs, whether temporary or permanent, within
any road or highway right-of-way, with the exception of governmental
signs.

Signs constructed or maintained upon trees and
utility poles or painted or drawn upon rock formations or other natural
features.

Signs containing words or graphics that are
obscene, as defined in Chapter 15 of the North Carolina General Statutes.

Off-site advertising signs along federal or
state scenic byways, and local

scenic byways designated by the Board of Commissioners.

Portable off-site signs.

Off-site roof signs and attached signs.

Off-site signs along unpaved State and private
roads

Off-site signs within a recorded residential
subdivision

Section
5. Off-Site Advertising Sign Regulations

The following regulations
shall be applicable to all off-site advertising signs as

herein defined. Any sign not specifically allowed is prohibited.

Area of Signs

The area of a sign shall be considered
to be that of the smallest rectilinear figure (but

which shall have a continuous perimeter of not more than
eight straight lines) which

encompasses all lettering, wording, design or symbols, together
with any background

difference on which the sign is located, if such background is designed as a integral part

of and related to the sign. Any additions or extensions shall be
included in the area of a

sign,
but supports and bracing which are not intended as part of the sign shall be

excluded. In the case of a multi-faced sign, the area of the sign shall be considered
to

include all faces visible from one direction.

Size

No off-site advertising sign permitted by this ordinance shall exceed
the

following maximum sign area:

A maximum of 240 square feet per directional
flow of traffic on

roads
with four or more lanes.

b.
A maximum of 128 square feet per
directional flow of traffic on

roads
with fewer than four or more lanes.

A maximum of two faces per sign structure is allowed, positional 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.

Height

Height
of Signs

Sign height shall be measured from the elevation of the road surface of the
nearest

roadway
to the highest point on the sign.
Measurements shall be taken from the nearest edge of the traveled way,
perpendicular from the location of the proposed sign.

No off-site advertising sign permitted by this ordinance shall exceed
the

following maximum sign height.

A maximum height of 30 feet for signs 240
square feet in area.

A maximum height of 16 feet for signs less than
240 square feet

in
area.

Spacing

The minimum spacing between off-site advertising
signs as measured along

the
same side of the nearest edge of the adjacent roadway shall be one quarter mile
(1320 linear feet).

Other Spacing Required

A minimum spacing of 250 feet is required between an
off-site advertising

sign and the nearest point of any property that is occupied by a church,
place of worship, school building or playgrounds that are located within 600
feet of the public right-of-way where said sign is proposed to be located.

Setbacks

Off-site advertising signs shall meet the following
setback requirements:

The minimum setback shall be 20 feet from the
right-of-way of any

adjacent
road but shall be no closer than 50 feet from the edge of

the
traveled way of any road and outside of all sight visibility

triangles.

b.   All
off-site signs larger than 20 feet in width shall be set back a distance equal
to or greater than that width.

c.   All
off-site advertising signs shall be located at least 30 feet

from
any abutting property lines.

Extensions

No off-site advertising sign shall have any extensions, additions or
copy that

cause the sign to exceed the maximum permitted size, height, or setback.

Illumination

Off-site advertising signs may be indirectly
illuminated or non-illuminated.

No off-site advertising sign shall contain any animated features as
herein

defined or any form of direct illumination.

Illumination
of Signs Defined

▪
Directly
illuminated sign – A sign designed to emit artificial light directly (or through
transparent or translucent material) from a light source within or attached to
such sign.

▪
Indirectly
illuminated sign – A sign designed to have illumination from a detached light source,
shielded so that no direct rays from the light source are visible elsewhere
than on the lot where said illumination occurs. If such shielding is
inoperative, such sign
shall be deemed to be a directly illuminated sign.

▪
Non-illuminated
sign –
A non-illuminated sign
contains neither direct nor indirect illumination.

ARTICLE VII

SIGN MAINTENANCE AND TREE CUTTING

Section
1. Maintenance

All signs and their
structures shall be maintained in good repair and safe condition and

shall conform to the standards in this section.
Maintenance carried out in accordance

with this section shall not require a sign permit, provided the sign is not enlarged,
moved

or altered in any manner which would create or increase
a nonconforming condition.

Any sign violating these requirements shall be
repaired or removed as required.

No sign shall be allowed to have more than 20% of its total
surface area covered

with
disfigured, cracked, ripped or peeling paint or poster paper, or any combination
of these conditions for more than 30 consecutive days.

No sign shall be allowed to stand with bent or broken sign facing, broken

supports, loose appendages or struts which cause the sign to stand more than 15

degrees from the perpendicular more than 30 consecutive
days.

No sign shall be allowed to have weeds, vines or other
vegetation growing on

more than 20% of the sign face for more than 30 consecutive days.

No illuminated sign shall be allowed to stand with only
partial illumination for

more than 30 consecutive days.

If a conforming sign is damaged such that more than 50%
of the sign’s
value as

herein
defined is lost, as determined by the Alleghany County Inspection Department,
said sign shall be
required to be brought into conformance with this ordinance within 60 days. The
60 day period shall begin upon the receipt of the Alleghany County Planning
Department’s notification delivered to the sign owner or to the owner of record of the
real property whereon the sign
is located in the same manner as set out for a Violation Notice and shall not
be effective until received.

Value
of Signs Defined

The
value of an existing sign
shall be the value for tax purposes of any sign so listed. If the tax value is not available, the value shall
mean the original cost of the sign. In the absence of information as to the original cost
submitted by the sign
owner, the Alleghany County Planning Department shall estimate the original
cost based upon the best information reasonably available.

Section
2. Unlawful Cutting of
Trees and Shrubs

No person may, for the
purpose of increasing or enhancing the visibility of any sign,

damage, trim or remove any trees, shrubs, or other
vegetation located within any publicly

owned road or highway right-of-way, except where a legal
permit has been obtained from

the North Carolina Department of Transportation.

ARTICLE VIII

PERMITS, FEES AND NONCONFORMING SIGNS

Section
1. Permits

All signs, except as
otherwise provided in Sections 2, 3 and 4 of Article VI of this

ordinance shall require a sign permit prior to being constructed, moved, altered, placed or

repaired. The Alleghany County
Planning Department shall issue sign permits. No sign requiring a building permit shall be issued such permit until
a valid sign permit
has been issued in accordance with this section. If a sign permit is denied, the decision may be
appealed to the Alleghany
County Planning
Board within 30 days of the decision. All appeals shall be submitted in writing
to the Alleghany County Planning Department.

Section
2. Permit Application

No permit shall be issued
until an application for each separate sign is completed,

submitted and approved by the Alleghany County Planning
Department. The initial permit shall be valid until revoked by the Alleghany
County Planning Department.

Section
3. Permit and Permit
Emblem

A permit, along with a
permit emblem, shall be issued upon proper application and

approval. New sign construction shall not commence until a permit and emblem are

issued. The sign must be completely constructed and erected, with the permit
emblem

affixed within 180 days from the date of the permit
issuance. During the 180-day period,

newly permitted signs shall be considered to be in
existence for the purpose of spacing

requirements for signs. The permit emblem shall be placed on sign structures in such a

position as to be visible from the nearest adjacent road.

Section
4. Plans, Specifications
and Data Required for Permit

The application shall be
accompanied by complete information as required on forms

provided by the Alleghany County Planning Department. Said
application shall include, without being limited to a site plan and elevation
drawings of the proposed sign
indicating the proposed location, setbacks, height, illumination, dimensions
and square footage of the proposed sign and any other data as the Alleghany County Planning
Department may determine is necessary for review of the application. The Alleghany
County Planning Department shall not issue a sign permit unless the plans, specifications
and intended use of such a sign
conform in all respects to the applicable provisions of this ordinance.

Section
5. Permit Fees

Initial fees are required to
be paid for permitting the construction of all new signs.

Existing signs are exempt
form the initial permit fee. A fee schedule shall be determined

by the Alleghany County
Board of Commissioners and posted in the Alleghany County

Planning
Department.

Section
6. Permit Transfers

Valid sign permits may be
transferred to new sign
owners, provided the Alleghany County Planning Department is given notice of
the transfer of ownership within 30 days of the

actual transfer.

Section
7. Permit Revocations

Valid sign permits for new signs
may be revoked for any one of the following reasons:

Misrepresenting material facts by the applicant
on the permit.

Failing to construct the sign and affix the permanent
emblem within 180 days

from the permit issue date.

Altering, enlarging or relocating a permitted sign or a
nonconforming sign,
except

in conformance with the requirements of this ordinance.

Allowing a sign to remain blank for a period of 180 consecutive days or
reaching

a state
of dilapidation or disrepair as determined by the Alleghany County Planning
Department.

Any violation of Article VIII, Section 8.

Section
8. Nonconforming Signs

All nonconforming signs
legally in existence prior to the effective date of this ordinance

are permitted to continue, provided that no such sign shall be:

Changed, altered or expanded in any way which
increases the sign’s

nonconformity; or replaced by another nonconforming sign, except that copy may

be changed on an existing sign;

Relocated, except in conformance with the
requirements of this ordinance;

Reestablished after it has been removed or
abandoned for 180 days or more;

If a nonconforming sign is damaged or destroyed such that
the damage to the sign

exceeds 50% of the sign’s value as herein defined, the sign may be reconstructed

at the same location to the same size, height,
setbacks, lighting and orientation of

the damaged sign before the damage or destruction occurred, provided the sign

shall not be reconstructed in any way which increases the sign’s
nonconformity.

The
Alleghany County Planning Department shall determine the extent of damage to
the sign.

Section
9. Notice Given for
Refusing to Issue Permit

The Alleghany County Planning
Department shall refuse to issue a permit for a proposed sign that will

not conform to this ordinance and shall notify the owner
of the proposed sign
by first

class mail as to why the proposed sign does not comply.

Section
10. Reconstruction of
Damaged Signs

Any conforming sign that has been damaged
may be repaired and used as before,

provided all repairs are initiated within 30 working days and
completed within 60

working days of receipt of notification of such damage.
However, if the sign
should be

declared unsafe by the Alleghany County Planning Department,
the owner of the sign,
or the owner of

record of the real property whereon the sign is located shall
immediately correct all

unsafe conditions to the satisfaction of the Alleghany
County Planning Department.

ARTICLE IX

ADMINISTRATION, ENFORCEMENT, APPEALS, PENALTIES

Section
1. Administration

The Alleghany County Board of Commissioners shall appoint
the Alleghany County Planning Department and the Alleghany County Inspection
Department to administer and enforce this ordinance and said Departments shall
have the following authority:

The Alleghany Planning Department shall have the
authority to issue a Violation Notice. A Violation Notice shall be delivered by certified mail, return
receipt requested or by such other method as allowed by law, to the owner
of the sign in
violation of the ordinance. Whenever the owner of the sign cannot be
located and notified, said notice shall be delivered to the owner of
record of the real property whereon the sign is located. The time period
provided herein shall commence upon receipt of such Violation Notice. The
Violation Notice shall identify the sign and shall describe the nature of the violation, refer to
the section of the ordinance violated, specify in detail what action must
be taken to correct the violation, and specify a reasonable time limit of
up to 30 working days within the violation must be corrected.

The Alleghany Planning Department shall have the
authority to issue a Compliance Order for any sign not corrected within the time
allotted

under the Violation Notice or for a prohibited sign as established by
this

ordinance. A
Compliance Order shall be delivered to the sign owner or to the

owner of record of the real property whereon the sign is located in the
same

manner as set out for Violation Notice and shall not be
effective until received.

The Compliance Order recipient shall be allowed 30
calendar days to correct the

violation or to remove the subject sign at his expense. The Compliance Order

shall identify the sign and refer to the section of the ordinance violated.

3.   The
Alleghany Inspection Department shall have the authority to issue an Unsafe Sign Notice. Should
any sign become
imminently unstable or in danger of falling or otherwise unsafe, an Unsafe Sign Notice shall be
delivered to the sign
owner or to the owner of record of real property whereon the sign is located in the
same manner as set out for a Violation Notice, except that the recipient of the
notice shall immediately, in the case of imminent danger, secure or remove the sign in a manner to be
approved by the Alleghany County Inspection Department in conformance with the
provisions of this ordinance. If the condition prompting

the
notice is not corrected within 24 hours after receipt of the notice, the Alleghany
County Inspection Department shall have the authority to remove the sign at the
receipt’s expense.

Section
2. Appeals

Violation Notices,
Compliance Orders and other decisions issued by the Alleghany County Planning
Department may be appealed to the Alleghany County
Planning Board. Appeals shall be made in writing and submitted to the Alleghany
County Planning Department within 30 working day of receipt of notice. Pending
appeal, the time set out in the notice or order shall be suspended. If the
Planning Board finds that the action of the Alleghany County Planning
Department has been taken for good cause and in accordance with this ordinance,
it shall so declare and the time period for compliance shall run from the
issuance of that board’s findings. If the Planning Board sustains the
appeal of the petitioner, the Alleghany County Planning Department will take no
further action. An appeal of the Planning Board’s decision may be made to
the Alleghany County
Board of Commissioners, provided said appeal is made in writing to and received
by the Board of Commissioners within 30 days of the Planning Board’s
decision. Pending appeal, the time limits set out in the notice or order shall
be suspended. If the Board of Commissioners finds that the action of the Alleghany
County Planning Department has been taken for good cause and in accordance with
this ordinance, it shall so declare and the time period for compliance shall
run from the issuance of that board’s findings. If the Board of
Commissioners sustains the appeal of the petitioner, the Alleghany County Planning
Department will take no further action. Appeal of the Board of Commissioner’s
decision may be made to the court of record, provided such appeal is made
within 30 days of the decision of the Board of Commissioners.

Section
3. Violations and
Penalties

After due notice and order
as provided above for any violation of the terms of this

ordinance, Alleghany County may issue a citation imposing a
civil penalty of  not more than one
hundred dollars ($100) on the owner of the sign in question or on the owner of record of the real property
whereon the sign is
located whenever the owner of the sign cannot be located and notified of said citation. In the case
of continuing violation, each 24 hour period in which the violation exists
shall constitute a separate violation. In addition to the above described
penalty, Alleghany County may enforce this
ordinance by any one or more of remedies authorized by Chapter 153A-123 of the
General Statutes, with the exception of 153A-123(b).

ARTICLE X

DEFINITIONS AND INTERPRETATION

For the purpose of this
ordinance, the following words and terms used herein are defined

as follows:

Abandoned sign –
A sign which has not
been utilized for a period of 180 days or more,

or a sign the contents of which no longer identifies or advertises a
bona fide business,

lessor, service,
owner, product, or activity; or a sign the contents of which pertains to a

place, time, event or purpose which no longer exists,
applies or which has occurred.

Animated sign –
Any sign that uses
or incorporates flashing, blinking or strobe lighting;

sound; moving parts or components that provide the sign motion or give the
illusion of

motion or movement.

Attached sign –
An attached sign is
any off-site sign
that is attached, painted or

otherwise affixed to a wall, pillar or other supporting part
of a structure.

Copy – The characters, letters or illustrations
display on a sign
face.

Exempt sign –
Any sign which is specifically listed as exempt from this ordinance.

Exempt signs are not
regulated by the terms of this ordinance and shall not require a

permit.

Freestanding sign –
A freestanding sign
is any sign that is
supported from the ground

and not attached to a building or structure.

Governmental signs – signs which are owned or authorized by a
local, state or federal

government agency or authority and include but are not limited
to traffic warning or

regulatory sign
or signals, building identification, directional, informational and welcome

signs.

Illegal sign –
Any sign erected or
maintained in violation of a preceding ordinance or

erected, altered, moved, repaired, maintained or replaced in
violation of this ordinance

Intersection – An intersection is the point at which two or
more public streets or roads

meet and/or cross. For the purpose of this ordinance, an
intersection shall begin at the

nearest edge of the crossing road or from the beginning of
an exit ramp and the end of an

acceleration ramp, whichever distance is greater.

Nonconforming sign –
Any sign legally in
existence prior to the adoption and effective

date of this ordinance, or any applicable amendment
thereto, which does not conform to

the provisions of this ordinance, as amended. An illegal
sign is not a
nonconforming sign.

Off-site sign –
Any sign erected and maintained by a business or service upon which advertising
matter, public service information or other matter may be displayed and which
advertises firms and organizations that, along with their goods and/or
services, are not located on the same site as the sign, and which surfaces are
sold, rented, owned or leased for the purpose of advertising or providing
information.  A billboard/outdoor
advertising sign shall be considered an off-site sign.

Off-site directional sign –
An off-site directional sign
is any off-site sign

indicating the location of or directions to a business, office
or other activity. The sign

may provide the name of the business or activity, and
directions or symbols indicating

directions. If a sign exceeds the maximum permitted area, it shall be construed and

regulated as an off-site advertising sign.

On-site sign –
Any sign used for
the purpose of displaying, advertising, identifying

or directing attention to a business, product,
operation, service or activity sold or offered

for sale, or to other information offered on the site
where the sign is
located.

Portable sign –
A sign with a
permanent frame and a display area for changeable copy

designed or intended to be relocated and not permanently
affixed to the ground or

structure. This shall include signs on wheels, trailers or any
other device that is designed

for movement from one location to another.

Site – Site shall mean a single tract of real
property that is not divided by a

street or right-of-way.

Prohibited sign –
A prohibited sign is
any sign or element
of a sign that is
specifically

listed as prohibited in Article VI, Section 4.

Real estate sign –
a real estate sign
is a sign
advertising the sale, lease or rental of an

interest in property.

Roof sign –
A roof sign is an
off-site sign
attached, painted or otherwise affixed to

the roof of a building or structure.

Setback – A setback is measured as the shortest
horizontal distance between a property

line, right-of-way line or the edge of the pavement or
traveled surface and the closest

point of a sign.

Sight distance triangle – The land area adjoining a road intersection
that is kept clear of

obstructions between three and seven feet above ground to ensure
the visibility and safety

of motorists and pedestrians. The protected sight
distance area is the triangle created by

the intersecting lines of two roads, extending a minimum
of 75 feet each way from the

intersecting lines of the two roads. The sight distance area
shall also extend 75 feet from

each end of any bridge greater than 20 feet in length

Sign –
Any display of letters, words, numbers, figures, devices, emblems, pictures,
logos

or any other means whereby the same are made visible
for the purpose of making

anything known, whether such display be made on, or attached
to, or as a part of a

structure, surface or any other object whether natural or man
made. The term “sign”
shall

include sign
structure.

Temporary sign –
Any off-site sign, or part thereof, erected and
maintained by a business or service upon which advertising matter, public
services information or other may be displayed and which is placed for a period
of sixty (60) days or less in one calendar year.  Temporary signs include, but are not
limited to, yard sale signs, real estate signs, political signs, holiday signs,
warning signs posted by utility or construction companies.  Billboards shall not be considered
temporary signs even if placed for a period of sixty (60) days or less.

Yard sale sign –
A temporary sign
which advertises the location, date and time of an

individual or civic yard or garage sale at a residence, place
of worship or civic facility.

Yard sale signs shall not
include advertisements or announcements for commercial sales

or flea markets.

ARTICLE XI

LEGAL STATUS PROVISIONS

Section
1. Conflict With Other Laws

Whenever the regulations of
this ordinance conflict with the requirements of another

statute, the more restrictive standard shall govern.

Section
2. Variances

The Alleghany County Planning Board is hereby empowered to
vary or adapt the strict

application of the requirements of this ordinance for sign setbacks and sign height. A

variance for sign setbacks and sign height may be appropriate whereby reason of

exceptional narrowness, shallowness, or shape or by reason of
other exceptional

topographic conditions or other extraordinary and exceptional
situation or conditions

existing on a piece of property, the strict application of
the regulations enacted under this

ordinance would result in peculiar, exceptional and undue
hardship on the owner of a

sign
on such property. The regulations enacted in this ordinance for maximum
allowable

sign
area, sign spacing,
total number of sign
faces per directional flow of traffic, sign

illumination and regulations that protect public safety are not
to be considered for a

variance and not subject to appeal.

Upon denial of a sign permit by the Alleghany
County Planning Department, a property owner or sign contractor may apply to the Planning
Board for a variance. No variance in the strict application of the provisions
of this ordinance shall be granted by the Planning Board unless it finds that
the strict application of the provisions would cause exceptional

hardship to the sign owner, and that the hardship shall not be the result of the
applicant’s

own actions. In general, the power to authorize a
variance from the terms of this ordinance shall be sparingly exercised. It is
the intent of this ordinance that the variance

be used only to overcome some exceptional physical
condition of a parcel of land which

poses practical difficulty and prevents the sign owner from obtaining
the full use and

purpose of the sign as intended by this ordinance. Any variance granted shall be
the

minimum adjustment necessary for the reasonable use of the sign and shall apply only
to

the provisions for sign setbacks and sign height.

The applicant must prove
that the variance will not be contrary to the public interest and

that practical difficulty and unnecessary hardship will
result if it is not granted. The

Planning Board may prescribe
any safeguard that it deems necessary to secure

substantially the objectives of the regulations or provisions to
which the variance applies.

Section
3. Separability

Should any court of
competent jurisdiction declare any section or provision in this

ordinance invalid or unconstitutional, such declaration shall
not affect the validity of the

ordinance as a whole or any part thereof, which is not
specifically declared to be invalid

or unconstitutional.

Section
4. Effective Date

This ordinance shall take
effect and be enforced on and after the date of its adoption by

the Alleghany
County Board of
Commissioners, this 18th day of February, 2008.