Agenda - 09-09-2004 - 10a - Laserfiche WebLink

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Lessons Learned General Information The Zoning Ordinance does not allow signs, other than governmental signs, in the public right -of -way. A basic fact, although confusing to many people, is that a public right -of -way is variable because it is specific to each property. It may be 60± feet in width at one place and perhaps no recorded right -of -way at all in other places, nearby, on the same road. Unless the right -of -way is clearly identified with surveyed markers, the NCDOT will generally maintain from back of ditch to back of ditch, which may be only a portion of the actual right -of -way. The NCDOT 'claims' the right -of -way for maintenance purposes only. In areas with sidewalks, signs are usually not allowed between the sidewalk and the paved surfaces of the roadway. Because roadways with sidewalks tend to be newer, the right -of -way widths are usually designated during the final platting of the property. In other cases, the acquisition of enough right -of -way prior to installing sidewalks occurs prior to construction. Enforcement During the Planning Department's recent enforcement of improperly placed political signs we noticed numerous signs at the edge of the street pavement and even more obscuring sight visibility at intersections. Both of these locations present safety hazards. Given the virtual impossibility of determining actual right - of -way in the field, staff relied upon the NCDOT method of interpreting right -of- way as being back of ditch to back of ditch. Any signs behind the ditch lines were okay provided the sight distance triangles were kept clear. The Zoning Ordinance does not state who is to remove signs that are placed in the right -of -way in violation of the ordinance. That responsibility has in the past fallen to the Planning Department as is the case in many other jurisdictions.