(Ord. No. 60A, art. I, § 1, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

(Ord. No. 60A, art. I, § 2, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

(Ord. No. 60A, art. I, § 3, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

(Ord. No. 60A, art. I, § 4, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

(Ord. No. 60A, art. II, § 1, 11-13-1999; Ord. No. 2014-0603, ; Ord. No. 2021-0607, § 1, 6-28-2021)

   For the purposes of this article, the following words and phrases shall be defined as specified in this section:

   Banner sign means a sign made of fabric or any nonrigid material with no enclosing framework.

   Bollard means a wooden post constructed and erected for the purposes of location identification of buildings and building sites. All bollards shall not exceed four feet in height.

   Bollard cap means a cover or top for a bollard constructed for the purposes of advertising the sale, rental, or lease of property. All bollard caps must be located on a bollard constructed and erected pursuant to this section.

   Building-mounted sign means a sign attached to, painted on, inscribed on or deriving its major support from a building, including a wall sign, a projecting sign or an awning sign.

   Bulletin board means a board not greater in size than five feet by seven feet used to announce meetings or programs to be held on the premises of a church, village property, library, museum, community center, Bald Head Island Club, or similar noncommercial places of public assembly. A bulletin board shall not contain any commercial advertising or shall be treated as a sign.

   Changeable copy means copy that is or can be changed manually in the field or through mechanical means (e.g., reader boards w/changeable letters).

   Construction sign means a sign placed at the construction site identifying or announcing the project or the name of the architect, engineer, or contractor involved in the development of the project.

   Copy means any words, letters, numbers, figures, characters, symbols, logos, or insignia that are used on a sign display surface area.

   Decorative flag means a piece of fabric bearing a distinctive design which is purely ornamental in purpose.

   Direction sign means a sign directing traffic toward a specific destination remote to the location of the sign.

   Directory sign means a subsidiary sign listing the names, uses, and/or location of various residential developments.

   Door sign means a sign attached to the outward facing side of an exterior door or a sign that is on the interior side of a door, but which is visible from the exterior of the building because the door or part of the door is made of glass or another transparent material.

   Double-faced sign means a sign having two sides bearing similar information on both sides.

   Freestanding sign means a sign, supported by one or more columns, uprights or braces, in or upon the ground, but not attached to any building. A sign attached to a flat surface not a part of the building, such as a fence or wall, shall be considered a freestanding sign.

   Golf course means a course with nine or more holes for playing golf, including any accessory driving range, clubhouse, office, restaurant, concession stand, picnic tables, pro shop, maintenance building, restroom facility, or similar accessory use or structure. This term shall not include miniature golf courses, nor shall it include driving ranges, which are not accessory to a golf course.

   Government means any agency, office bureau, or corporation licensed by any duly authorized authority of the United States, the state, the county, any regional government, or the village.

   Ground-mounted sign means a freestanding sign which extends from the ground or which has a support which places the bottom thereof less than two feet from the ground.

   Holiday decorations means displays erected on a seasonal basis in observance of religious, national, or state holidays, which are not intended to be permanent in nature and which contain no advertising material.

   Illegal sign means any sign erected or maintained in violation of this article or erected, altered, removed, or replaced in violation of this article, or any amendments hereto.

   Instructional sign, on-premises, means a sign designed to guide golf cart and/or pedestrian traffic by using such terms as entrance, exit, one-way, or similar directional instruction, but not including any advertising message. The name or logo of the business or use to which the sign is giving direction may not be included on the sign.

   Logo means a business trademark or symbol.

   Lot means a parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal parcel for purposes of transfer of title.

   Multifamily development means two or more multifamily dwellings located on a single property.

   Multifamily dwelling means a building containing three or more dwelling units, and where the building is designed to be or is occupied by three or more families living independently from each other.

   Nonconforming sign means any sign that met all legal requirements when constructed but does not comply with this article or a subsequent amendment hereto.

   Not-for-Profit Business Tax Exempt Business means a tax exempt nonprofit organization under Section 501(c)(3) of the United States Internal Revenue Code (26 U.S.C. § 501(c)(3)).

   Off-premises sign means a sign that directs attention to a business commodity, service, or establishment conducted, sold, or offered at a location other than the premises on which the sign is erected.

   On-premises sign means a sign that directs attention to a business commodity, service, or establishment conducted, sold, or offered on the premises on which the sign is erected.

   Parcel means a tract or plot of land.

   Portable sign means any sign that is not permanently affixed to a building, structure, or the ground or that is not designed to be permanently affixed to a building, structure, or the ground.

   Private road and street mean any road or street which is not publicly owned and/or maintained and is used for access by the occupants of the development and their guests.

   Public street means a street consisting of a publicly dedicated right-of-way and a roadway maintained by the village.

   Right-of-way means an area owned or maintained by the village, a public utility, or a private concern for the placement of such utilities and/or facilities for the passage of vehicles and pedestrians, including roads, pedestrian walkways or utilities.

   Sandwich board sign means a two-sided A-frame style sign that is self-supporting, with no moving parts or lights; displayed outside a for-profit or not-for-profit business, during business hours, to advertise the business, hours of operation, an event, a promotion, or for any similar purpose.

   Sign means any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devises, structures, designs, trade names, or trademarks 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 visible from any public street or adjacent property which by its nature attracts attention.

   Sign height means the distance measured from the highest point of a sign, including any molding, trim, border, or frame from ground level at the base of the sign.

   Temporary sign means a sign that can be used only for a designated period of time.

   Traffic sign means a sign indicating federal, state, or municipal regulations for golf cart, vehicle, bicycle, and/or pedestrian movement, or a sign of similar content installed within a private right-of-way by the owner. A traffic sign within a private right-of-way, may state "Private Road" but may not state "Owners and Guests Only", "Keep Out," or other access restrictions .

   Wall sign means a building-mounted sign attached to, painted on, inscribed or deriving its major support from a wall, and which projects less than 12 inches from the wall.

(Ord. No. 60A, art. II, § 2, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2015-0402, passed 4-17-2015; Ord. No. 2021-0607, § 1, 6-28-2021)

   Cross References: Definitions generally, § 1-2.

   For the purpose of this article, certain words shall be interpreted as follows:

   The term "lot" includes the word "plot" or "parcel" or "tract."

   The term "shall" is always mandatory and not merely directory.

   The term "structure" shall include the word "building."

   The term "used for" shall include the meaning "designed for."

(Ord. No. 60A, art. III, § 1, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

(Ord. No. 60A, art. II, § 3, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

   (1)   Installing, creating, erecting or maintaining any sign in a way that is inconsistent with any plan to permit governing such sign or the lot on which the sign is located;

   (2)   Installing, creating, erecting or maintaining any sign requiring a permit without such a permit;

   (3)   Failing to remove any sign that is installed, created, erected or maintained in violation of this chapter or for which the sign permit has lapsed; or

   (4)   Continuing any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this article.

   Each sign installed, created, erected or maintained in violation of this article shall be considered a separate violation when applying the penalty sections of this article.

(Ord. No. 60A, art. III, § 2, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

   (1)   Issuing a stop work order for any and all work on any signs in the same lot or lots;

   (2)   Seeking an injunction or other order of restraint or abatement that requires the removal of the sign or the correction of the nonconformity;

   (3)   Issuing a civil citation to cause the violation to be corrected and imposing a penalty for failure to do so;

   (4)   Seeking in court the imposition of any additional penalties that can be imposed by such court under this chapter; and

   (5)   In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the village under the applicable provisions of this article and the building code for such circumstances.

   The village shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of this article, except that a violation of this article shall not result in criminal proceedings.

(Ord. No. 60A, art. III, § 2.1, 11-13-1999; Ord. No. 2011-0402, 4-15-2011; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

   (b)   If the violator does not correct the violation set forth in the citation within 72 hours after first being cited, additional $250.00 civil penalties shall be issued per day thereafter until the violation is corrected. In the case of a violation related to a temporary sign the 72 hour waiting period before additional fines accumulate is reduced, such that if the violator does not correct the temporary sign violation set forth in the citation within 24 hours after first being cited, additional $250.00 civil penalties shall be issued per day thereafter until the temporary sign violation is corrected.

   (c)   In the event the building inspector or a public safety officer cannot identify the violator responsible for a temporary sign violation, they shall remove the noncompliant temporary sign.

   (d)   These civil penalties are in addition to any other penalties or actions imposed by a court for violation of the provisions of this article.

   (e)   All such remedies provided in this article shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.

   (f)   For the purpose of calculating any time period imposed or required by this division, the first day of any activity or action required or authorized shall be excluded and the last day shall be included.

(Ord. No. 60A, art. III, § 2.2, 11-13-1999; Ord. No. 2011-0402, 4-15-2011; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

   The village council may from time to time amend the terms of this article, but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the planning board for review and recommendation. The planning board shall have 60 days within which to make a recommendation. If the planning board fails to make a recommendation within the specified time, it shall be deemed to have recommended approval for the amendment.

(Ord. No. 60A, art. III, § 4, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

   Signs not expressly authorized by this article shall be considered prohibited in all zoning districts. Prohibited signs shall include, but are not limited to the following:

   (1)   Any sign which obstructs the view of pedestrians, bicyclists, and vehicles at any street intersection or which interferes with the effectiveness of or obscures any traffic sign shall be prohibited. Any sign located in such a way as to deny a visual access to an existing sign.

   (2)   Any sign (other than a government sign) placed on any curb, sidewalk, post, pole, hydrant, bridge, tree, or other surface and located in, over, or across any public or private street or right-of-way, unless expressly authorized by this article.

   (3)   Temporary, nonpermanent signs, including over-head streamers, unless expressly authorized by this article.

   (4)   Any sign that is attached to or mounted on a roof or projects above the plane of the building facade.

   (5)   Any sign which contains or consists of strings of light bulbs.

   (6)   Moored balloons or other floating signs that are tethered to the ground, a structure, or another type of sign.

   (7)   Portable or freestanding signs, including any sign painted or displayed on vehicles if such vehicle is parked in a location for the primary purpose of displaying the sign which advertise or identify a specific commercial event. For purposes of this subsection, the only signs that shall be permitted on electric carts are those that comply with the requirements of section 28-92.

   (8)   Separate signs attached to a freestanding sign or its supporting structure advertising services.

   (9)   Neon or internally lit signs.

   (10)   Off-premises commercial signs, or other off-premises signs unless expressly authorized by this article.

   (11)   Window signs.

   (12)   Revolving signs.

   (13)   Electrically operated, mounted, and illuminated signs.

   (14)   Any moving sign, windblown sign, or device to attract attention, whether or not any such device carries a written message, all or part of which is set in motion by wind, mechanical, electrical, or any other means. This shall include, but not be limited to, propellers, and discs.

   (15)   Any flashing sign or device displaying flashing or intermittent lights or lights of changing degrees of intensity. Any searchlight or similar device.

(Ord. No. 60A, art. III, § 5, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

   (1)   Changed, altered, or replaced by another nonconforming sign, except that copy may be changed on an existing sign.

   (2)   Expanded or modified in any way.

   (3)   Relocated, except in conformance with the requirements of this article.

   (b)   The status of a nonconforming sign is not affected by changes in ownership.

   (c)   A nonconforming sign may be altered to become or be replaced with a conforming sign by right. Once a sign is altered to conform or is replaced with a conforming sign, the nonconforming rights for that sign are lost and a nonconforming sign may not be re-established.

   (d)   Nonconforming temporary signs are not permitted and must be removed.

(Ord. No. 60A, art. III, § 6, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

(Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021- 0607, § 1, 6-28-2021)

   (b)   Notwithstanding subsection (a) of this section, changing or replacing the permanent copy on an existing lawful sign shall not require a permit, provided the copy change does not change the nature of the sign such as to render the sign in violation of this article.

   (c)   All signs with the exception of bollard caps will have a valid permit issued by the village.

(Ord. No. 60A, art. IV, § 1, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

   Applications for permits shall contain or have attached to it the following information:

   (1)   The street number of the structure on which the sign is to be erected, and the tax parcel number of the property on which the sign is to be located.

   (2)   Names, addresses, and telephone numbers of the applicant, owner of the property on which the sign is to be erected or affixed, the owner of the sign, and the person or contractor erecting or affixing the sign.

   (3)   A site or plat plan of the property involved, showing accurate placement of the proposed sign including setbacks, all structures, etc.

   (4)   Two detailed scaled drawings of the plans and specifications of the sign to be erected or affixed. The building inspector shall inform the applicant prior to the application of this requirement. Such plans shall include but shall not be limited to details of dimensions, materials, copy, and size of the proposed sign. In addition, these drawings shall show size of sign, logo, trademark, letters, words, numbers and all other information to be included in the sign to determine conformity to this article and consistency with regard to other signs and the integrity of the island.

   (5)   Other information as the building inspector may require to determine full compliance with this and other applicable codes.

(Ord. No. 60A, art. IV, § 2, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

(Ord. No. 60A, art. IV, § 3, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

(Ord. No. 60A, art. IV, § 4, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

   (1)   All signs shall comply with applicable provisions of the state building code at all times.

   (2)   Except where specifically exempted by this article, all signs, including the supports, frames and embellishments thereto, shall not be located within any public right-of-way, nor shall any sign be attached, affixed or painted on any utility pole, tree, rock or other natural object.

   (3)   Except for flags and regulated temporary signs conforming in all respects with the requirements of this division, all signs shall be constructed of wood or other semipermanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame or structure.

   (4)   All signs shall be maintained in good structural condition, in compliance with all building and electrical codes and in conformance with the code at all times.

   (5)   The village building inspector shall possess the authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to the health, safety or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. Notice to the owner shall be by personal service or registered mail, return receipt requested. Upon notification, the owner shall have 30 days to complete repairs. If the owner fails to complete repairs within appropriate time frames, then the village shall have all remedies as available in this article.

   (6)   The immediate premises around a sign shall be kept free from debris. However, no person may damage, destroy, or remove any trees, shrubs or other vegetation located within the right-of-way of any public or private street or road for the purpose of increasing or enhancing the visibility of any sign, unless specifically approved by the village manager.

(Ord. No. 60A, art. V, § 1, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

   (b)   For purposes of this section, a nonconforming sign (or its structure) shall be considered destroyed, and therefore shall not be repaired or replaced, if it receives damage to the extent of more than 50 percent of its value as determined by the village building inspector. Signs destroyed by proven vandalism may be replaced, but may not be changed, altered, or enlarged from their original state.

(Ord. No. 60A, art. V, § 2, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

(Ord. No. 60A, art. V, § 3, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

(Ord. No. 60A, art. V, § 4, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

   The following signs shall be permitted in all zoning districts, subject to the standards set forth in this section and elsewhere in this article, and shall require a sign permit unless otherwise indicated:

   (1)   Temporary signs. Temporary signs shall be non illuminated and limited to the following types:

      a.   Construction signs, which identify the architects, engineers and contractors involved with the construction. Construction signs shall be a maximum of seven and one-half square feet in area and a maximum height of six feet. Such signs shall be removed upon issuance of a certificate of occupancy. A sign permit shall be required if the sign is not included in the building permit application.

      b.   Signs advertising only the name, time, place and information concerning any special event; provided that all such signs shall be removed within 24 hours after the last day of the event to which they pertain. Signs for this purpose shall be erected no earlier than seven days prior to the special event. The maximum sign area shall be 128 square feet per sign. No more than three such signs shall be erected for each special event. A sign permit is required.

      c.   Real estate signs, in the form of a bollard cap as defined in this chapter, advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed. Real estate signs shall be a maximum of one square foot in area per side and a maximum bollard height of four feet. Sign copy shall be allowed only on one side of the sign. Sandwich board signs are not permitted for these purposes. Such signs shall be removed within seven days after the property has been sold. These temporary signs shall not require a permit.

      d.   Seasonal and holiday decorations: Such banners shall not display the name of a business or shopping center, nor the words "open," "sale," "vacancy," or other similar words or phrases related to the business activity on the premises. Such banners shall be take down or removed within a reasonable time period following the end of the season or holiday to which they pertain. No permit is required for these signs.

      e.   Open house signs, in the form of a bollard cap as defined in this chapter, indicating the availability of an agent in conjunction with the advertisement of the sale, rental or lease of the premises or part of the premises on which the sign is displayed. Open house signs shall be a maximum of one square foot in area per side and a maximum height of four feet. Sign copy shall be allowed on three sides of the sign. Sandwich board signs are not permitted for these purposes. Such signs shall be removed immediately after the open house is complete. These temporary signs shall not require a permit.

      f.   Government signs: No permit is required for these signs. Approval of signs by Development Services is required.

   (2)   Permanent signs.

      a.   Traffic signs on private property shall contain no commercial message of any sort. These signs shall be constructed to specifications in appendix A which is on file and available for inspection in the village offices. Traffic signs may be located within a public or private street with approval of the village manager.

      b.   Informational signs of a public utility regarding its lines, pipes or facilities. No permit is required.

      c.   Names of buildings, dates of erection, monumental citations, commemorative tablets, insignia of local, state or federal government, and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of the structure.

      d.   Informational signs of a public or quasi-public nature identifying or locating a public building, parking area, historic area, major tourist attraction or similar public or quasi-public activity; and also including signs identifying parking lots, or other facilities relating to such places or activities. The village manager shall have the authority to approve such signs only to the extent that such signs shall be of the minimum size and number to reasonably convey information provided thereby.

      e.   Directional signs provided that:

         1.   All such signs shall be located off the road right-of-way.

         2.   The maximum area of the sign shall be four square feet.

         3.   Only one directional sign shall be allowed per residential development (planned unit developments, subdivisions, multi-family developments only). In the event that residential developments are adjacent to or in close proximity to each other, and are under single ownership, the developments shall share signage area in order to decrease the number of signs on the island. The village manager shall determine whether shared signage is required. Directional signs shall meet all specifications defined in appendix B which is on file and available for inspection in the village offices.

         4.   In the event that residential developments utilize such signage, the square footage utilized shall be subtracted from the total square footage allowed for the development's project identification sign.

         5.   The maximum height of the sign shall be five feet.

      f.   Golf course signs relating to golf play and conduct shall be allowed, provided that such sign does not exceed two square feet in area. No permit is required.

      g.   Historical markets, monuments, or signs erected by public authority. No permit is required.

      h.   Directional maps. The village manager shall have the authority to approve such signs only to the extent that such signs shall be of the minimum size and number to reasonably convey information provided thereby.

      i.   Government signs.

      j.   Road or street name signs. These signs shall be constructed to specifications in appendix C which is on file and available for inspection in the village offices.

      k.   Instructional on-premises signs. The village manger shall have the authority to approve such signs only to the extent that such signs shall be of the minimum size and number to reasonably convey information provided thereby. These signs shall be constructed to specifications 1n appendix D which is on file and available for inspection in the village offices.

      l.   Bulletin board. Bulletin boards are allowed if not visible from a right-of- way. A bulletin board located within the four walls of a building or residence may have commercial advertising.

      m.   Vending machines. An ATM, drink, DVD or other vending machine shall be shielded from view from a right-of-way or adjacent property and, if so shielded, shall be exempt from the neon and internally lit restrictions of section 32-343(9).

(Ord. No. 60A, art. VI, § 1, 11-13-1999; Ord. No. 2001-009, § 1, 5-19-2001; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

   Residential uses shall be considered those permitted in this chapter. The following signs shall not require a permit unless otherwise indicated:

   (1)   Single-family dwelling unit identification. One building-mounted sign or freestanding sign, not expecting two square feet in area for each dwelling unit, shall be permitted. Such sign shall indicate only the name of the occupant, the name of the dwelling unit or property unit or property, and/or its location. Such freestanding signs shall not exceed two feet in height.

   (2)   Multifamily building identification. One or more building-mounted signs, not exceeding four square feet per building, shall be permitted for the purpose of identifying a multifamily building. The language on such signs shall be for identification purposes only, not including any message of a commercial nature.

   (3)   Home occupations. Signs for the purpose of identifying home occupations shall be prohibited.

   (4)   Decorative flags. One wall-mounted decorative flag, not to exceed ten square feet in area, shall be allowed for a dwelling unit. Such flag shall not indicate the name or logo of a business or home occupation, nor a written message pertaining to a business or home occupation.

   (5)   Subdivision or project identification. Freestanding ground-mounted signs, with a maximum area of 24 square feet, shall be permitted for the identification of a subdivision, apartment or condominium complex, planned development, and each multi-family site contained within a planned unit development, if located at the entrance to the project, on project property. No more than one sign shall be permitted at each entrance (a maximum of two per project). If such signs are "double-faced", the sign shall be limited to 15 square feet per face. The maximum height for these type signs shall be five feet. A permit is required for project identification signs.

   (6)   Additional regulations for signs allowed by this section.

      a.   Unless otherwise indicated, freestanding signs shall have a maximum height of five feet.

      b.   No sign shall project beyond the property line or be located on or project over a private or village right-of-way, except that subdivision or project identification signs may be allowed within such area if approved by the village manager, upon a determination that the location of such sign does not interfere with utilization of the right-of-way (functional or visual), and upon a further finding that the signs must be maintained by a property owner's association or the property owner. Authorization of the property owner to use the property must be provided.

      c.   All signs shall be nonilluminated, unless otherwise specified.

(Ord. No. 60A, art. VI, § 2, 11-13-1999; Ord. No. 2005-011, 7-15-2005; Ord. No. 2014-0603, 7-25- 2014; Ord. No. 2021-0607, § 1, 6-28-2021)

   The following signs shall require a sign permit unless otherwise indicated:

   (1)   Single business on a single lot.

      a.   Type of signs permitted: building-mounted and door.

      b.   Number of signs permitted: one building-mounted, one door. For buildings fronting on more than one public street, and having more than one public entrance, each frontage with a public entrance shall be considered separately when calculating building-mounted or door sign area. Such buildings may be allowed a maximum of two building-mounted signs and a maximum of two door signs.

      c.   Maximum sign area: nine square feet - building mounted; two square feet - door.

   (2)   Two or more businesses in the same building, or on the same lot or on adjoining properties under the same ownership, and having shared parking lots and/or driveways.

      a.   Type of signs permitted: building-mounted and door.

      b.   Number of signs permitted: one building-mounted signs and one door sign for each business with a separate main exterior public entrance. Where two or more businesses share a main exterior public entrance, one building-mounted sign and one door sign shall be permitted to be shared by the businesses located therein. Where one or more business has a second entrance used as a public entrance from an adjacent parking lot, public street or driveway, one additional building-mounted sign and one door sign may be placed at the second entrance.

      c.   Maximum sign area: nine square feet per sign - building-mounted; two square feet per sign - door.

   (3)   Commercial subdivision or commercial designed complex project identification sign. Freestanding ground-mounted signs, with a maximum area of 24 square feet shall be permitted for the identification of a commercial subdivision or commercial designed complex, if located at the entrance to the project. No more than one sign shall be permitted at each entrance (a maximum of two per project). If such signs are double-faced, the sign shall be limited to 15 square feet per face. The maximum height for these type signs shall be five feet. A permit is required for project identification signs.

   (4)   Not-for-profit business/tax exempt business.

      a.   Type of signs permitted: building-mounted and bulletin boards.

      b.   Number of signs permitted: one building mounted, one bulletin board.

      c.   Maximum sign area: nine square feet--building mounted; 20 square feet--bulletin board (may be freestanding).

      d.   Up to four off-premises signs shall be permitted weekly to promote fund raising events. Signs are to be wood framed with a maximum area of five square feet. Signs are permitted 48 hours prior to the fundraising event and must be removed the day of the event.

   (5)   Additional regulations for signs allowed by this section.

      a.   Unless otherwise indicated, freestanding signs shall have a maximum height of five feet.

      b.   No sign shall project beyond the property line or be located on or project over a private or village right-of-way, except that signs for not-for-profit uses may be allowed within such area if approved by the village manager, upon a determination that the location of such sign does not interfere with utilization of the right-of-way (functional or visual), and upon a further finding that the signs must be maintained by the nonprofit entity responsible for the sign.

   (6)   Additional regulations for sandwich board signs.

      a.   Notwithstanding any other provisions contained within this article, sandwich board signs shall be allowed only in zoning districts that are zoned for commercial use pursuant to section 32-121, et seq.

      b.   Number of signs allowed: one sandwich board sign per business. Except that in cases of commercial buildings that have a single public entrance used by multiple tenants, one sandwich board sign shall be allowed to be shared by the businesses located therein.

      c.   Placement of signs: sandwich board signs may be placed on a sidewalk or other pedestrian walkway directly in front of the associated business establishment. A minimum of five feet of passage must be maintained between the public right-of-way of any street and the sign. In all instances, a sandwich board sign must be placed so as not to interfere with or obstruct pedestrian or vehicular traffic. Sandwich board signs may not be anchored to the sidewalk, or attached or chained to poles, newspaper vending boxes, or other structures or appurtenances. However, in the interest of public safety sandwich board signs may be temporarily weighted down and must be removed in high winds.

      d.   Size: Sandwich board signs shall not exceed two linear feet in width and three linear feet in height on either of the two sides of the sign. Maximum display area for a sandwich board sign is 12 square feet.

      e.   Display hours: Sandwich board signs shall be displayed in front of a business establishment only during the hours that the business is open and only while an employee is present on the premises. Sandwich board signs must be removed at the end of the business day or when no employee is present on the premises, such as during a lunch break where the business is closed.

      f.   No permit required: Sandwich board signs that comply with this section shall not require a permit; however, in the interest of public safety, sandwich board signs that are found not to comply with this section or which present an immediate danger to the public safety may be removed by the Village.

(Ord. No. 60A, art. VI, § 3, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

   The following regulations shall apply for all signs, unless specified otherwise in this article:

   (1)   All permanent or off-premises signs must be made or constructed of wood or other semipermanent materials.

   (2)   All signs shall be set back a minimum of five feet from the property line or ten feet from the edge of the road surface, whichever is greater. This provision shall not apply to traffic signs. Bollard caps, placed on existing street address bollards, located within the street right-of-ways are exempt from this requirement.

   (3)   Traffic signs for private streets shall be allowed in rights-of-way, with appropriate setbacks from roadway surfaces to promote public safety as determined by the village manager.

   (4)   Signs, other than those specified in this article as permitted, shall be considered prohibited signs.

   (5)   All signs shall be nonilluminated, unless otherwise specified.

   (6)   Notwithstanding any other provisions contained within this article, in multifamily developments and nonresidential developments where various uses or occupants are subject to legally enforceable restrictions imposed by covenant or lease the planning board may approve project signage guidelines, if the guidelines are consistent with the intent of this article, and promotes creative and attractive signage, constructed in accordance with a uniform plan of control and approval, so that neither aesthetics nor maintenance standards embodied by this article are compromised.

   (7)   Notwithstanding any other provisions contained within this article, the following locations shall be required to comply with master signage plans reviewed and adopted by the planning board to promote creative and attractive signage, constructed in accordance with a uniform plan of control and approval, so that neither aesthetics nor maintenance standards embodied by this article are compromised:

      a.   Merchant's Row;

      b.   The Bald Head Island Club;

      c.   The Shoals Club.

   (8)   Temporary booths set up during special events may display commercial logos or advertising. Nonpermanent signs erected for special events, pursuant to section 32-401(1)b, may display commercial logos or advertising on a sign which also advertises the name, time, place, and information concerning any such special event.

(Ord. No. 60A, art. VI, § 4, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)

   (1)   It is designed, constructed and operated to adequately safeguard the health, safety and welfare of the occupants of the adjoining and surrounding property;

   (2)   It does not unreasonably impair an adequate supply of light and air to adjacent property;

   (3)   It does not increase public danger from fire or otherwise unreasonably restrict public safety; and

   (4)   It does not impair the established property values in surrounding areas.

(Ord. No. 60A, art. VI, § 5, 11-13-1999; Ord. No. 2014-0603, 7-25-2014; Ord. No. 2021-0607, § 1, 6-28-2021)