Sec. 7.7. Flagpoles and Flags

7.7.1. Definitions

A. The term flag in this section shall mean a piece of fabric or other flexible material solely containing distinctive colors, patterns, standards, words, or emblems used as a symbol of an organization or entity, including but not limited to political jurisdictions, such as the United States.

B. Flags displaying a logo, message, statement, or expression relating to commercial interests, and banners otherwise not meeting the definition of a flag shall also conform with all sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. regulations in Article 11, Sign Standards.

C. Reference to flagpole height refers to vertical flagpoles.

D. References to the number of flags and flagpoles and flag dimensions refer to both vertical flagpoles and mast arm flagpoles, such as staffs extending at an angle from a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

7.7.2. Requirements

A. Except as otherwise provided herein flags shall be displayed on flagpoles.

B. In nonresidential zoning districts, flagpoles shall not exceed the maximum height allowed in the zoning district or 70 feet, whichever is less.

C. Flagpoles shall not be placed on top of buildings unless they are located in the Downtown Tier.

D. In residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District., flagpoles shall not exceed 25 feet in height unless a special use permit is granted by the Board of Adjustment. A fee shall not be charged for a use permit request for a flag in a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District..

E. A vertical flag pole shall be set back from all property boundaries a distance which is at least equal to the height of the pole.

F. The maximum dimensions of any flag shall be proportional to the flagpole height. In addition, flags are subject to the following dimensional limitations.

Pole Height (feet)	Max. Flag Size (square feet)
Up to 25	24
25 to 29	28
30 to 34	40
35 to 39	60
40 to 49	96
50 to 59	150
60 to 70	216

 

G. Each property shall be allowed a maximum of three flagpoles unless a special use permit is granted by the Board of Adjustment.

H. A maximum of three flags shall be allowed per flagpole.

I. The flag and flagpole shall be maintained in good repair. A flagpole with broken halyards shall not be used and flags which are torn or frayed shall not be displayed.

J. On United States and North Carolina holidays, there shall be no maximum flag size or number or other limitations on manner of display.

K. This section shall not be interpreted to restrict the right to display eligible flags as banners or noncommercial signage under Article 11, Sign Standards. Flags mounted directly on a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. wall shall expressly be considered signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. and shall be subject to Article 11, Sign Standards.