Beech Mountain City Zoning Code
SIGN REGULATIONS
§ 154.270 POLICY STATEMENT.
(A) The town is committed to preserving the beauty of the mountain and to insure that it is provided with a means of developing qualitative and effective outdoor graphics for purposes of navigation, information and identity.
(B) Every business, organization and property owner has not only the right, but an obligation to identify itself well. It does not have the right to downgrade the environment.
(C) The purpose of this subchapter is, therefore:
(1) To provide the community with equitable sign standards, based on the values of fair competition and aesthetic standards acceptable to the community.
(2) To provide the motoring public with a safe and effective means of easily reaching and identifying businesses, services, areas, and points of interest on Beech Mountain.
(1989 Code, Title V, Ch. 51, Art. XIX, § 1901) (Ord. passed 10-13-2009; Ord. 2016-03, passed 2-9-2016; Ord. 2019-02, passed 2-11-2019)
§ 154.271 SCOPE OF THIS SUBCHAPTER.
This subchapter shall apply to all signs located within the town unless excluded as per § 154.272.
(A) Definitions.
(1) Sign.
(a) Any display of letters, words, numbers, figures, devices, emblems, pictures or any means whereby the same are made visible for the purpose of making anything known, whether such display be made on, attached to, or as part of a structure, surface, or any other thing, including, but not limited to, the ground, a rock, tree, or other natural object.
(b) Signs do not include holiday decorations, the flag or emblem of any nation, state, city, religious, fraternal or civic organization; nor merchandise and pictures or models of products incorporated in a window display; nor works of art which in no way identify a product; nor scoreboards located on athletic fields.
(2) Entity. Any individual, group, or organization that occupies and utilizes a structure or a portion of a structure that is separate and distinct in purpose or function from other portions of a structure.
(3) Roof line. Roof line shall mean the edge of the roof around the building structure.
(4) Signable space. Signable space means the area of a building face on which a sign may be placed, including fronting wall or gable space. The size of this area shall equal the total square footage of the area from the ground to the roof line (not including the roof itself), of a building façade.
(5) Sign support structure. A structure, including uprights, supports, frames, display surfaces, and other appurtenances, intended to support or display one or more signs. If painted, sign support structures shall include one color of the supported sign(s).
(6) Normal maintenance. Normal maintenance shall include activities that keep the sign in safe, presentable, and sound condition, such as replacement of missing or defective parts, periodic cleaning, and re-painting with substantially the same colors as in the original sign. Normal maintenance does not include activities that alter the message, background, colors, dimensions, orientation, or location of a sign in any way or change the design of its support structure.
(7) Existing grade. The prevailing level of the soil at a given location, not to include any walls, raised flower beds, or other means of artificially modifying the level of the soil for the purpose of extending sign height.
(8) Historic signs. Signs greater than 20 years of age as of September 10, 2009.
(9) Holiday decorations. The decorations normally associated with the holiday season. Holiday decorations will also include human or facsimile people in costumes normally associated with the holiday season.
(B) Types of signs.
(1) Billboard/poster board. Billboards or posterboards are hereby defined as off- premises signs of a permanent nature. Temporary off-site signs (displayed for not greater than 14 days), typically erected for providing directions to an event or occurrence, are not considered billboards under this definition.
(2) No trespassing/no loitering signs. Such signs and similar ones, which are placed to inform the public of private regulations.
(3) Obsolete signs. Signs or parts of signs which advertise or pertain to a purpose which no longer exists.
(4) Portable signs. Any signs designed or intended to be readily relocated. This shall include signs on wheels, trailers, truck beds, or any other device which is capable of, or intended to be moved from one location to another.
(5) Window signs. Signs which are painted on or affixed to the windows.
(6) Painted wall sign. A sign painted directly on any exterior building wall or door surface, exclusive of window and door glass areas. Such signs shall comply with standards for "attached" signs.
(7) Projecting sign. A sign that is attached to a building wall with the face of the sign perpendicular to the building wall. Such signs shall not project into any street right-of-way and shall be at least eight feet above the ground. Such signs shall not project vertically above the building face to which they are attached, and shall conform with all other standards for "attached" signs.
(8) Accessory signs. Signs intended for the recurring, periodic display of information. These signs are typically modified regularly, but are not necessarily temporary in nature. Examples of accessory signs include, but are not limited to, special advertisements for the advertisement of specials or features, open, closed, and vacancy signs. Accessory signs may be attached to permanent, detached signs, attached to buildings, or stand-alone.
(9) Feather banner/feather flag. A flag type banner (usually designed with a pole sleeve or pocket) that is generally mounted in the ground.
(10) Human sign. Human sign refers to costumes, flags or other apparel or accessories, worn, held, waved or carried by individuals for the purpose of attracting attention to a site, location or event.
(C) Signs defined by method of attachment.
(1) Attached signs are signs that are mounted to a building and include the following:
(a) Signs attached throughout their whole length that are mounted flush to a building face that do not extend above the highest vertical point of the building face;
(b) Signs attached throughout their whole length to the top of a canopy or a cantilevered roof with the face of the sign parallel to the wall which do not extend vertically above the highest point of the canopy or cantilevered roof;
(c) Painted wall signs as defined above; and
(d) Projecting signs as defined above.
(2) Detached sign. A sign supported by a sign structure placed in the ground and which is wholly independent of any building, fence, vehicle, or object other than the sign structure for support.
(D) Signs defined by duration of display. Signs shall be categorized based upon their intended duration of display as follows. If a sign exceeds the duration of display for a category, it must comply with all requirements and obtain a permit for the appropriate category of duration.
(1) Permanent signs. Signs which are intended to be displayed continuously for a period of greater than one year. Signs (such as real estate signs) which are erected prospectively with the goal of being removed in less than one year do not constitute permanent signs.
(2) Accessory signs. Signs intended for the recurring, periodic display of information. These signs are typically modified regularly, but are not necessarily temporary in nature.
(3) Semi-temporary signs. Signs of a temporary nature that are erected for an intended or presumed duration of less than one year but typically greater than 14 days. Examples of signs in this category commonly include, but are not limited to, signs erected to advertise the sale of real estate and signs erected during a construction project. Semi-temporary signs may by erected for periods of greater than one year, provided that required permits are obtained. Signs intended to be erected permanently do not qualify for this category.
(4) Temporary signs. Signs or advertising display intended to be displayed for a short period of time (not greater than 14 days), often to inform the public of an unusual or special event. These signs are often in the form of "Banners.” Signs erected for longer than 14 days do not qualify for this category.
(5) Short term signs. Signs erected for less than 48 hours.
(6) Transitional signs. Signs erected for a maximum of six months while a permanent sign is being created.
(E) Area of sign defined.
(1) The area of a sign excluding wall or window signs shall be considered to include all lettering, wording, and accompanying design and symbols, together with the background on which they are displayed, any frame around the sign, and any cutouts or extensions, but shall not include any supporting or bracing. In the case of a multi-faced sign, the area of the sign shall be considered to include all faces visible in any one direction.
(2) The area of a wall or window sign consisting of individual letters or symbols attached to or painted on a surface, building, wall, or window, shall be considered to be that of the smallest rectangle or triangle which encompasses all of the letters or symbols.
(3) (a) Signs that are contiguous (touching) or are separated by a divider, frame, or portion of the sign support structure less than six inches wide shall be considered one sign for the purposes of this subchapter.
(b) Exception. Signs of different types as defined by their duration of display as set forth above shall be considered separate signs, even if they are contiguous.
(1989 Code, Title V, Ch. 51, Art. XIX, § 1902) (Ord. passed 12-6-1983; Ord. passed 11-18-1986; Ord. passed 10-13-2009; Ord. 2013-03, passed 3-12-2013; Ord. 2016-03, passed 2-9-2016; Ord. 2019-02, passed 2-11-2019)
§ 154.272 EXEMPTIONS AND EXCEPTIONS.
(A) Exempt signs. The following signs and/or displays shall be exempt from the regulations of this subchapter:
(1) Signs not visible beyond the boundaries of the property on which they are located;
(2) Signs erected by a duly-constituted governmental body;
(3) Signs erected within a residential home; and
(4) Historic signs as defined in this subchapter, provided that the message, background, colors, dimensions, orientation, location and design of the support structure of such signs shall not be altered in any way. Normal maintenance, however, is permitted.
(B) Exceptions. Particular features or concerns regarding the following types of signs provide compelling reasons for their regulation in a different manner from other signs of similar duration of display or located within a common zoning district.
(1) Private traffic directional signs located on private property not to exceed three square feet. The town finds there is a compelling need for private property owners to be able to control aspects of traffic on private property in order to avoid damage to property and inconveniences and potential dangers caused by the restriction of ingress and egress to a property by methods such as designating parking spaces and restricting "no parking" areas, identifying "one-way" driveways and the like with the standard, commercially available signage commonly associated with these purposes. Therefore, these signs need not comply with material and style requirements, limitations on number, and other requirements and are exempt from this section.
(2) Signs erected to prohibit trespassing displayed in accordance with North Carolina State law. The town finds that there is a compelling need for private property owners to be able to avail themselves of the protection from liability offered by NC state law in the manner prescribed in such laws or statutes. Therefore, these signs need not comply with material and style requirements, limitations on number, and other requirements and are exempt from this section, provided that the number, size, or other features of such signs is not in excess of that prescribed by state law.
(3) Non-illuminated trade names and graphics which are customarily painted on newspaper and soft drink dispensers and similar outdoor amenities. The town finds there is a compelling interest in exempting these signs from regulation due to their ubiquitous nature and the impracticality or inability to obtain soft drink dispensers and the like without such trade names or graphics. Therefore, these signs are exempt from the requirements of this section.
(a) Parties affected. All structures, residential, multi-family, and commercial are required to display the assigned street number in the manner described in this section.
(b) Visibility. Street numbers shall be displayed so as to be conspicuously visible and legible from the street from both directions. Numbers must maintain contrast to the background and be reflective.
(c) Number type. All numbers shall be displayed in Arabic form (0, 1, 2, 3, 4, 5, 6, 7, 8, 9).
(d) Number location.
1. Structures visible from the street. Where the structure is visible from the road and at such a distance that numbers are legible from the road, numbers shall be affixed to the structure. Numbers shall be reflective and a minimum of three inches high and may be mounted either horizontally or vertically.
2. Structures not visible from the street. Where a structure is not visible from the street or is otherwise situated to make number display on the building ineffective, the number shall be displayed at the access entrance. Numbers may be combined with property or business identification signs. Where signs are perpendicular to the street, numbers shall be displayed on both sides of the sign. Numbers shall be a minimum of three inches high, reflective, and may be mounted wither horizontally or vertically.
3. Mailboxes. Numbers of a minimum of three inches in height, reflective, and shall be affixed to both sides of the mailbox serving the primary structure. When the mailbox is clustered with other mailboxes or is across the street from the primary structure, the numbers will be placed on the front of the mailbox. There could be confusion as to the primary structure access by using numbers on the mailbox than prudence would dictate placing the numbers on a post at the primary structure access point on the street. Mailboxes across the street or otherwise located across the street are not adequate for the purposes of this section.
4. Trash bins. Numbers of a minimum of three inches in height, reflective, and shall be affixed to both sides of the trash bins serving the primary structure.
(e) Unauthorized building numbers prohibited. No person shall affix or allow to remain upon any building in the Town of Beech Mountain any different number from the one designated by this section, with the exception of dates affixed for historical purpose.
(1989 Code, Title V, Ch. 51, Art. XIX, § 1903) (Ord. passed 11-18-1986; Ord. passed 4-11-1989; Ord. passed 10-13-2009; Ord. passed 4-12-2011; Ord. 2016-03, passed 2-9-2016; Ord. 2017-08, passed 10-10-2017; Ord. 2019-02, passed 2-11-2019)
§ 154.273 PROHIBITED SIGNS.
The following signs are prohibited in the town:
(A) Signs that imitate official highway sign; signs obscured. No sign shall be erected which imitates or in any way approximates official highway signs, nor shall any sign be erected which obscures a sign displayed by a public authority.
(B) Flashing, blinking interment signs. No sign shall be erected which displays flashing, blinking, or intermittent lights or lights of changing intensity. No moving parts shall be allowed.
(C) Portable signs.
(D) Facsimiles; three-dimensional structures. Displays of letters, logos, trademarks, emblems, pictures, and the like, on such items as oversized facsimiles or three dimensional structures of chicken buckets, human figures, tin cans, and the like, shall be prohibited.
(E) Obstruction of driver vision. No sign shall be erected or placed in such a manner as to obstruct driver vision of any vehicle entering a roadway from any street, alley, driveway, or parking lot.
(F) Public utility poles, telephone poles, trees, parking meters, benches and the like. Signs are prohibited on public utility poles, telephone poles, trees, other natural objects, parking meter poles, benches, and refuse containers.
(G) Pavement markings, other than traffic control. Pavement markings of any kind other than for traffic control are prohibited.
(H) Public morals, decency. Signs, flags, or other decorations which contain statements, words, or pictures of obscene, indecent or immoral character such as will offend public morals or decency are prohibited.
(I) Intentional denial of visual access. Any sign located in such a way as to intentionally deny visual access to an existing sign is prohibited.
(J) Billboards. No billboards as defined in § 154.271(B)(1), shall hereafter be erected within the town.
(K) Floodlights, signs; impairment of vision of roadway. No floodlights or signs shall be erected or placed in such a manner as to impair driver vision on a roadway.
(M) Fire escapes, means of egress, ventilation. No sign shall be erected, constructed, or maintained so as to obstruct any fire escape or any window or door or opening used as a means of egress or so as to prevent free passage from one part of a roof to any other part thereof. No sign shall be attached in any form, shape, or manner as to interfere with an opening required for legal ventilation.
(N) Interchangeable letters. Any sign with interchangeable letters, movable or removable, used for the intent of advertising, information or any other use.
(O) Law of State of North Carolina; violation. No sign that violates any provision of any law of the State of North Carolina relative to outdoor advertising shall be erected or permitted.
(P) Other signs; prohibited. Any other sign which does not comply with the regulations of this subchapter shall be prohibited.
(Q) Information boxes. Information boxes in residential areas are not to be visible from the roadway.
(R) Signs on the roof of any building, with the exception of signs attached to canopy or cantilevered roofs in accordance with § 154.271(C)(1).
(S) Sign spinner or sign twirler. An individual or mechanism holding an advertising or similar promotional sign and using some form of action or movement, including, but not limited to, holding, rotating, spinning, twirling or walking, to attract attention from the general public.
(1989 Code, Title V, Ch. 51, Art. XIX, § 1904) (Ord. passed 12-6-1983; Ord. passed 10-13-2009; Ord. 2013-04, passed 3-12-2013; Ord. 2016-03, passed 2-9-2016; Ord. 2019-02, passed 2-11-2019)
§ 154.274 PERMANENT SIGNS.
(A) Standards for size, number, and duration of display period. The following table shall govern the number and size of permanent signs, both attached and detached.
(B) Attached, permanent signs in the CS1 and CS2 Districts.
(1) Shall not occupy more than 10% of the space on any one facade of a building with the maximum size of any single sign limited to 35 square feet.
(2) Window graphics including stained glass lettering or logos are in addition to the number of allowable signs set forth above, but shall not cover more than 10% of the total window area of the facade of the building in which the window signs are located.
(C) Detached, permanent signs in the CS1 and CS2 Districts.
(1) Shall be limited to a maximum of 60 square feet per sign.
(2) Number of detached signs in the CS1 and CS2 Districts. The number of Detached, Permanent Signs in the CS1 and CS2 Districts shall be based on the total front footage of a single piece of property on each public road fronted upon:
(a) One to 200 feet. One sign.
(b) Two hundred and one feet and above. A maximum of two signs are permitted on any single road having road frontage adjoining the premises in excess of 201 feet. The two signs shall not be closer than 100 road frontage feet, with the exception that a sign is permitted at each of two separate drive entrances to said road. In the event the tract of land constitutes a corner lot which is adjacent to two separate public roads, signs are permitted for each public road according to the criteria set forth above.
2016 S-12
(D) Detached permanent signs in all districts. Sign height for detached, permanent signs, including support structure, shall not exceed 12 feet. For lots that lie above street level, height shall be measured from the highest adjacent existing grade. For lots that lie below street level, height shall be measured from street level. See illustration below.
(E) Permanent signs in the R3(A) District. The maximum size of permanent signs in the R3(A) district shall be based upon the size of the complex or entity to which the sign pertains. Such sizes are governed by the following table:
Number of Dwelling Units | Allowable Sign Size |
5 or less | 20 sq. ft. |
6 - 15 | 25 sq. ft. |
16 - 20 | 30 sq. ft. |
21 and up | 35 sq. ft. |
* When two or more complexes or entities share a sign support structure, each sign may be as large as their allowable limit, up to a maximum of 50 combined square feet. | |
(1989 Code, Title V, Ch. 51, Art. XIX, § 1905) (Ord. passed 6-8-1982; Ord. passed 12-6-1983; Ord. passed 10-22-1986; Ord. passed 11-18-1986; Ord. passed 9-10-1991; Ord. passed 11-12-1996; Ord. passed 10-13-2009; Ord. 2013-04, passed 3-12-2013; Ord. 2016-03, passed 2-9-2016
; Ord. 2019-02, passed 2-11-2019)
§ 154.275 ACCESSORY SIGNS.
Standards for size, number, and duration of display period. The following table shall govern the number and size of accessory signs.
District | Accessory Sign Size | Number of Accessory Signs |
District | Accessory Sign Size | Number of Accessory Signs |
CS1 | 6 sq. ft. | 2 |
R1 | 0 | 0 |
R2 | 0 | 0 |
R3(A) | 0 | 0 |
PS | 6 sq. ft. | 2 |
CS2 | 6 sq. ft. | 2 |
MP | 0 | 0 |
MH | 0 | 0 |
(Ord. 2016-03, passed 2-9-2016
; Ord. 2019-02, passed 2-11-2019)
§ 154.276 SEMI-TEMPORARY SIGNS.
Standards for size, number, and duration of display period. The following table shall govern the number and size of semi-temporary signs:
District | Semi-Temporary (< 1yr) Sign Size | Number of Semi-Temporary (<1yr) Signs |
District | Semi-Temporary (< 1yr) Sign Size | Number of Semi-Temporary (<1yr) Signs |
CS1 | 2 sq ft. | 1 |
R1 | 2 sq ft. | 1 |
R2 | 2 sq ft. | 1 |
R3(A) | 2 sq ft. | 1 |
PS | 2 sq ft. | 1 |
CS2 | 2 sq ft. | 1 |
MP | 2 sq ft. | 1 |
MH | 2 sq ft. | 1 |
(Ord. 2016-03, passed 2-9-2016; Ord. 2019-02, passed 2-11-2019)
§ 154.277 TEMPORARY SIGNS.
(A) Standards for size, number, and duration of display period. The following table shall govern the number and size of temporary (not greater than 14 days) signs.
District | Temporary (<14 days) Sign Size | Number of Temporary Signs |
(B) Banners, feather banners or temporary signs as defined by § 154.271(D)(4), being signs intended for display of a duration of not greater than 14 days may be erected provided that:
(1) The size of any such sign shall not exceed 50 square feet in area.
(2) The signs may not be illuminated.
(3) The signs may be displayed for a period not to exceed 14 days.
(4) A permittee may display only one banner or temporary sign at a time.
(5) Banners or temporary signs may not be erected more than four separate and distinct times per year on a single property.
(1989 Code, Title V, Ch. 51, Art. XIX, § 1907) (Ord. passed 6-8-1982; Ord. passed 10-13-2009; Am. Ord. 2012-06, passed 7-10-2012; Ord. 2013-03, passed 3-12-2013; Ord. 2016-03, passed 2-9-2016; Ord. 2019-02, passed 2-11-2019)
§ 154.278 SHORT-TERM SIGNS.
Standards for size, number, and duration of display period. The following table shall govern the number and size of short-term (not greater than 48 hours) signs.
District | Short Term (<48 hours) Sign Size | Number of Short Term Signs |
(A) Such signs must be located such that they in no way hinder driver visibility or otherwise create hazards to driver or pedestrian safety.
(B) Signs shall not exceed two square feet in size.
(C) No temporary small scale event sign shall be higher than four feet above the adjacent road surface.
(D) If off-site signs are located in the town right-of-way, they may be no closer than four feet from the edge of the pavement or gravel roadway and shall not be spaced such that more than one sign is visible from any given point along the roadway. In no event may these signs be located in such a manner as to impair public safety by blocking visibility or access. The town reserves the right to move or remove any sign that is located in such a manner as to create a dangerous situation as determined by the town.
(E) If off-site signs are located on private property, only one sign per property is permitted. Written permission of the property owner must be obtained.
(F) Short term signs may not be erected on a single property more than once every seven days.
(G) Short term signs remaining erected longer than 48 hours or otherwise not meeting the criteria of this section may be removed by the town and a civil penalty established by the Town Council per sign may be assessed to the owner of the property to which the sign refers. The master schedule of fees is maintained in the Clerk’s office.
(H) Short term signs complying with these regulations may be erected without a permit.
(Ord. 2016-03, passed 2-9-2016; Ord. 2017-04, passed 2-14-2017; Ord. 2019-02, passed 2-11-2019)
§ 154.279 TRANSITIONAL SIGNS.
Standards for size, number, and duration of display period. The following table shall govern the number and size of transitional signs (signs erected for a maximum of a six month time period while permanent signs are being created).
District | Transitional Sign Size | Number of Transitional Signs |
District | Transitional Sign Size | Number of Transitional Signs |
CS1 | 35 sq. ft. | 2 |
R1 | 0 | 0 |
R2 | 0 | 0 |
R3(A) | 0 | 0 |
PS | 0 | 0 |
CS2 | 0 | 0 |
MP | 0 | 0 |
MH | 0 | 0 |
(A) Transitional signs may be permitted for a maximum time period of six months.
(B) The applicant for a transitional sign permit must provide proof that permanent sign(s) are being created to qualify for a permit.
(Ord. 2016-03, passed 2-9-2016)
§ 154.280 MATERIAL AND STYLE.
(A) Permanent signs.
(1) Colors shall be natural and subdued (muted earth tones are recommended) and shall blend in well with the natural surroundings. "Gold leaf" lettering is permitted. The Beech Mountain Color Chart, which shall be maintained in the office of the Town Manager or his or her designee, shall serve as a guideline.
(2) Fluorescent sign lettering and fluorescent background colors are prohibited.
(3) Signs shall not have light reflective backgrounds.
(4) A multi-faced sign shall have the same name and same message on all faces that are being used.
(5) Attached signs shall be routed, carved, sandblasted, shaded (painted), recessed or raised to provide a three-dimensional appearance.
(6) Detached signs shall be structurally self-supporting, and shall be routed, carved, sandblasted, recessed or raised to provide a three-dimensional appearance.
(7) All exposed surfaces shall be constructed of wood, stone, hammered copper, or high density urethane.
(8) All signs shall meet the standards for wind loads for the Beech Mountain area as contained in the North Carolina State Building Code.
(B) Accessory signs. Accessory signs shall comply with the following:
(1) Accessory signs may be attached to buildings, attached to permitted permanent, detached, or stand-alone signs.
(2) Stand-alone accessory signs shall have a frame or support structure made of wood or material of similar strength and durability. "A-Frame" type signs are permitted.
(3) The message-bearing portion of attached signs shall be composed of chalkboards, markerboards, or other mediums of a permanent and durable nature that facilitate changeable messages.
(4)
If situated within a building and subject to this ordinance by virtue of its visibility from beyond the boundaries of the property on which it is located, it is permissible for an accessory sign to be neon or internally lighted, provided that such signs are limited in size to two square feet and shall not have blinking or flashing lights, lights of changing intensity, or moving parts. No more than one internally lighted sign per property is permissible.
(5) Human signs as defined in § 154.271(B)(10) shall not be displayed for more than five consecutive days and on more than six separate occasions per calendar year on a single property. No more than two human signs may be displayed at one time on a single property. A sign permit from the twon shall be required for this type of sign.
(C) Semi-temporary signs. Semi-temporary signs shall meet the same requirements for material and style as permanent signs as specified above, with the exception that semi-temporary signs need not meet the criteria as specified for wind loads.
(D) Temporary signs.
(1) Temporary signs may be constructed of cloth, canvas, fabric, plastic, paper, vinyl, or other material.
(2) Fluorescent sign lettering and fluorescent background colors are prohibited.
(E) Short-term signs.
(1) Short term signs may be constructed of cloth, canvas, fabric, plastic, paper, vinyl, or other material.
(2) Fluorescent sign lettering and fluorescent background colors are prohibited.
(F) Transitional signs.
(1) Transitional signs may be constructed of cloth, canvas, fabric, plastic, paper, vinyl, or other material.
(2) Fluorescent sign lettering and fluorescent background colors are prohibited.
(1989 Code, Title V, Ch. 51, Art. XIX, § 1909) (Ord. passed 9-10-1991; Ord. passed 11-12-1996; Ord. passed 8-10-1999; Ord. passed 10-13-2009; Ord. 2016-03, passed 2-9-2016; Ord. 2019-02, passed 2-11-2019)
§ 154.281 LIGHTING.
(A) No sign shall contain any moving, flashing, or animated lights, or visible moving or movable parts.
(B) No sign shall have lighting from within the interior of the sign, with the exception of § 154.280(B) above.
(C) If illuminated, signs shall be illuminated by a white or amber light of reasonable intensity shielded and directed solely at the sign.
(1989 Code, Title V, Ch. 51, Art. XIX, § 1910) (Ord. passed 10-13-2009; Ord. 2016-03, passed 2-9-2016
; Ord. 2019-02, passed 2-11-2019)
§ 154.282 MAINTENANCE OF SIGNS.
(A) All signs, supports, braces, poles, wires and anchors thereof shall be kept in good repair. They shall be maintained in clean and safe conditions, free from deterioration, missing parts and peeling paint. All signs must stand plumb and level. It shall be the responsibility of the sign owner to ensure that all commercial signs and all components thereof be kept in a state of good repair. Any sign not in accordance with these standards shall be deemed a nuisance and the following action may be taken:
(1) The Town Manager or his or her agent shall give written notice to the owner, specifying the sign indicated and telling what needs to be done to bring the sign into compliance;
(2) The owner of the sign shall respond to the notice within two weeks and shall have 30 days to complete said repairs. Additional time may be granted by the Town Manager when it has been clearly shown a hardship exists;
(3) When an emergency situation exists creating a public hazard, the town may remove or rectify the hazard at the owner's expense; and
(4) In the event a sign is damaged in excess of 60% of its reproduction value, such sign shall be restored or repaired only in compliance with the provisions of this subchapter.
(B) The owner of each sign shall be responsible for maintaining the area around such sign, including cutting of weeds.
(C) All paint on a sign should blend together. When one item on a sign is painted over, sufficient paint shall be used so that the original item cannot be seen.
(1989 Code, Title V, Ch. 51, Art. XIX, § 1911) (Ord. passed 12- -1983; Ord. passed 12-6-1983; Ord. passed 11-12-1996; Ord. passed 10-13-2009; Ord. 2016-03, passed 2-9-2016
; Ord. 2019-02, passed 2-11-2019)
§ 154.283 OBSOLETE OR ABANDONED SIGNS.
(A) Signs or parts of signs which advertise or pertain to a purpose which no longer exists shall be deemed to be an abandoned sign.
(B) Obsolete or abandoned signs are prohibited and shall be removed by the owner or his or her agent within 30 days of notice by the Town Manager or his or her agent.
(1989 Code, Title V, Ch. 51, Art. XIX, § 1912) (Ord. passed 10-13-2009; Ord. 2016-03, passed 2-9-2016
; Ord. 2019-02, passed 2-11-2019)
§ 154.284 NON-CONFORMING SIGNS.
(A) General. Signs that are erected and are in place prior to the adoption of this subchapter and which do not conform to the provisions of this subchapter are declared non-conforming signs. A sign that is erected and that is in place and which conforms to the provisions of the sign subchapter at the time it is erected, but which does not conform to an amendment of this subchapter enacted subsequent to the erection of said sign is declared a non-conforming sign. Any sign erected after the passage of this subchapter must meet all the criteria within this subchapter including all amendments thereto.
(B) Time frame. Within the time frame for removal of non-conforming signs set out in this section, such signs:
(1) Shall not be changed or replaced with another non-conforming sign or copy;
(2) Shall not be expanded or relocated;
(3) Shall not be re-established after damage or destruction in excess of 60% of the value at the time of damage or destruction; and
(4) Shall not be modified in any way which increases their degree of non-conformity.
(C) Removal of non-conforming signs.
(1) All signs not conforming to all sections of this subchapter on the date of the enactment of this subchapter shall be removed, changed, or altered to conform to this subchapter within three years of the original enactment of this subchapter.
(2) All signs which are conforming at the time this subchapter is enacted, and which are made non-conforming as a result of an amendment to this subchapter, shall be removed, changed, or altered to conform to this subchapter within three years of the date said amendment was enacted.
(3) All signs which are located on property brought into the town pursuant to the voluntary annexation procedure set forth in G.S. Ch. 160A, Art. 4A, Part 2, and which are non-conforming, shall be removed, changed, or altered to conform to this subchapter within three years from the effective date of the annexation, unless otherwise specified as terms of the annexation.
(1989 Code, Title V, Ch. 51, Art. XIX, § 1913) (Ord. passed 10-12-1982; Ord. passed 12-6-1983; Ord. passed 10-8-1996; Ord. passed 10-13-2009; Ord. 2016-03, passed 2-9-2016
; Ord. 2019-02, passed 2-11-2019)
§ 154.285 SIGN PERMIT.
(A) All signs erected within the town limits of Beech Mountain, with the exception of short-term signs and signs exempted from this section shall require a sign permit. Each application for a sign permit shall be accompanied by all applicable fees, as shall be established by the Town Council. Sign permits shall be issued by the Town Manager or his or her designee for signs in compliance. If a sign permit is denied, the decision may be appealed to the Board of Adjustment by submitting an application for administrative review together with the applicable fee within 30 days after the decision.
(B) Permits for semi-temporary signs are valid from the time obtained until the next April 1, but in no event shall such permit be valid for a time period of greater than one year. During the time period permitted, such sign may be transferred from property to property.
(C) Permits for temporary signs are valid from the time obtained for 14 days.
(1989 Code, Title V, Ch. 51, Art. XIX, § 1914) (Ord. passed 6-8-1982; Ord. passed 12-6-1983; Ord. passed 10-13-2009; Ord. 2016-03, passed 2-9-2016
; Ord. 2019-02, passed 2-11-2019)
§ 154.286 SEVERABILITY.
If any section of this subchapter is held to be invalid or unenforceable, all other sections shall continue in full force and effect.
(1989 Code, Title V, Ch. 51, Art. XIX, § 1915) (Ord. passed 6-8-1982; Ord. passed 10-13-2009; Ord. 2016-03, passed 2-9-2016
; Ord. 2019-02, passed 2-11-2019)
§ 154.287 EFFECTIVE DATE.
This subchapter is effective November 19, 1981.
(1989 Code, Title V, Ch. 51, Art. XIX, § 1919) (Ord. passed 10-13-2009; Ord. 2016-03, passed 2-9-2016
; Ord. 2019-02, passed 2-11-2019)