Town of Banner Elk Zoning Ordinance
Article II – Definitions
Setback. The area located between a property line, the established edge of a road right-of-
way, or the edge of the traveled way, whichever is closer, and the closest projection of a
building including any eaves, dormer, deck, or other part attached thereto and any portion of a
building located below grade. No building shall be placed within the setback area, however,
doors, windows, marquees, canopies, or fixed awnings shall be permitted to encroach
Sexually Oriented Business. Any business or enterprises that have as one of their principle
business purposes or as a significant portion of their business an emphasis on matter and
conduct depicting, describing, or related to anatomical areas as specified in N.C.G.S. 14-
202.10. This term may be used interchangeably with adult establishment.
Sign. A structure, or part thereof, displayed for the purpose of conveying some information,
knowledge, or idea to the public.
Sign, Advertising. A sign which directs attention to a business, service, or entertainment
conducted, sold or offered elsewhere than on the premises, and only incidentally on the
premises, if at all.
Sign, Business. A sign which directs attention to the business, profession, or principal use
conducted on the premises.
Sign, Off-Premise Directional. A sign which provides directions to a business, service, or
activity located on another property, provided that such sign shall be no larger than four (4)
square feet per sign face and not exceed four (4) feet in height. Off-premise directional signs
shall be used only by businesses, services or activities which are located in Banner Elk's
zoning jurisdiction, and said locations do not have direct frontage from NC 184 and NC 194, in
accordance with Article VI.
Sign, Directly Illuminated. A directly illuminated sign is designed to give forth artificial light
directly (or through transparent or translucent material) from a source of light within or on such
sign.
Sign, Directional and Information. A sign located on the premises of a business or
development which provides directions and information for vehicular or pedestrian traffic. A
directional and information sign shall not display the name, logo, or products of the on-premise
business. Entrance, exit and parking regulating signs one (1) square foot or less in area per
side shall be exempt from regulation, provided such signs are non-illuminated, less than four
(4) feet in height, and are located out of the street right-of-way.
Sign, Indirectly Illuminated. An indirectly illuminated sign is designed to have illumination from
a remote light source so shielded that no direct rays thereof are visible elsewhere than on the
lot where said illumination occurs. If such shielding device is inoperative, such sign shall be
deemed to be a directly illuminated sign.
Sign, Non-Illuminated. A sign which is not illuminated, either directly or indirectly.
Sign, On Premises. The lot or parcel upon which the principal building or structure is directly
located, for which sign is designated or intended to advertise.
Signs, Portable. Any permanent or temporary sign which is affixed to or placed in or upon any
parked vehicle, trailer or other parked device designed or capable of being towed or
transported, the primary purpose of which is to direct attention to a business commodity, or
service, entertainment or other activity.
Site specific development plan. A plan which has been submitted to a city by a landowner
describing with reasonable certainty the type and intensity of use for a specific parcel or
parcels of property. Such plan may be in the form of, but not be limited to, any of the following
plans or approvals: A planned unit development plan, a subdivision plat, a preliminary or
general development plan, a conditional or special use permit, a conditional or special use
district zoning plan, or any other land-use approval designation as may be utilized by a city.
(Refer to 160A-385.1 )
Steep Slopes. Parcel(s) of land that have an average slope of 20% to 50%. Refer to section
310(1) to determine degree of slope. (added on 2/12/07)
Street (Road). A right-of-way for vehicular traffic which affords the principal means of access
to abutting properties, including avenue, place, way, drive, lane, court, boulevard, highway,
road or any other thoroughfare except an alley or driveway.