The purpose of this article is to:

1.

Enhance the health, safety, economy, visual communication and physical environment of the county;

2.

Promote traffic safety by providing that signs not distract or confuse motorists or impair their ability to see pedestrians, other vehicles, obstacles or traffic signs;

3.

Promote the safety and welfare of persons and property by providing that signs not create a hazard or nuisance due to a lack of maintenance, collapse, fire, collision, decay or abandonment;

4.

Promote the efficient transfer of general public and commercial information through the use of signs; and

5.

Prevent adverse community appearance and protect the character of the county.

(Ord. No. 02-12-58, 12-16-2002)

(a)

Generally. For the purpose of this article, certain words or terms used are herein defined as follows:

1.

The term "county council" refers to the legally constituted and elected governing body of Berkeley County.

2.

Abandoned sign. A sign which advertises or pertains to a business, product, service, event, activity or purpose and the business, product, service, event, activity or purpose has been discontinued for a period of 90 days.

3.

Back-to-back sign. A sign which is constructed on a single system of supports which may have two messages visible on either side, provided double message boards are physically contiguous.

4.

Billboard. See Off-premises sign.

5.

Commercial sign. Any sign which is in the nature of commercial advertising and which transmits a message pertaining to a product, service, use, occupancy, business, operation, event or function.

6.

Detached sign. Any sign that is not attached to a building in any manner and is structurally freestanding.

7.

Dilapidated sign. Any sign, which is not secure or is otherwise structurally unsound, has defective parts, or is in need of painting or maintenance.

8.

Directional sign. May be off-premises or on-premises. An off-premises directional sign contains the content of which is limited exclusively to the identification of a use of [or] occupancy located elsewhere and which tells the location of or route to such use or occupancy. An on-premises directional sign designates parking areas, entrances and exits to and from that property.

9.

Face/facing. That area which conveys the message or advertisement as displayed. The face/facing may comprise one or more "faces." In no event, however, shall there be more than two facings for freestanding on-premises or off-premises signs.

10.

Flag. A piece of cloth or other flexible material varying in size, shape, color and design, usually attached at one edge to a staff or cord and used as the symbol of a nation, state or city. May also be imprinted with an advertising message or design.

11.

Flashing sign. A lighted or electrical or electronic sign, which emits light in sudden transitory bursts. On/off time and temperature signs and message boards are not considered flashing signals for the purpose of this article.

12.

Ground sign. A freestanding sign flush to the ground and not elevated upon poles or other stanchions.

13.

Heritage preserve. Any real property, therein which has been dedicated or offered to and accepted on behalf of the South Carolina Heritage Trust (as established by S.C. Code 1976, § 51-17-90, as amended).

14.

Highway. The term "highway," "street" and "road" as used herein shall be general terms denoting a public way for the purpose of vehicular travel, including the entire area within the right-of-way, and the terms shall include roadways, pedestrian facilities, bridges, tunnels, viaducts, drainage structures and all other facilities commonly considered component parts of highways, streets or roads. The term "roadway" shall mean that a portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder or berm. In the event a highway includes two or more separate roadways, the term "road" as used herein shall refer to any roadways separately, but not all such roadways collectively.

15.

Illuminated sign. Any sign, which is directly lighted by an electrical or electronic source, internal or external.

16.

Moving message board. An electrical or electronic sign having a continuous message flow across its face by utilization of light forming various words.

17.

Nonconforming sign. Any sign erected or displayed prior to the effective date of this article or subsequent amendments thereto which does not conform with the standards of this article.

18.

Noncommercial sign. Any sign which is not in the nature of commercial advertising, and which transmits a message, which does not relate to a product, good, or service that is sold or rendered for profit.

19.

On-premises sign. Any sign, commercial or noncommercial, the content of which relates to use, occupancy or function on the same property as that upon which the sign is located.

20.

Off-premises sign. Any sign, commercial or noncommercial, the content of which relates to use, occupancy or function on property other than that upon which the sign is located.

21.

Pole sign. A sign erected above ground supported by poles or other stanchions and not attached to a building.

22.

Political sign. A temporary off-premises sign, which refers only to a political candidate or the issues involved in an upcoming political election.

23.

Portable sign. Any sign which is not permanently affixed to a building, structure or the ground, or which is attached to a mobile vehicle.

24.

Projecting sign. A sign attached to a building or other structure and extending beyond the surface of that portion of the building or structure to which it is attached.

25.

Road. See Highway.

26.

Roof sign. A sign which is located upon or over the roof of a structure.

27.

Rotating sign. A sign which revolves around one or more fixed areas.

28.

Scenic highway district. Land abutting a highway or section of highway which is officially determined by Berkeley County and/or the State of South Carolina to contain exceptional scenic value such as, but not limited to, marsh and river vistas, trees, farm fields, timber stands, or important architectural or historic structures.

29.

Shopping center. A commercial complex consisting of several stores or commercial establishments grouped together and generally sharing a common parking area.

30.

Sign. Any privately owned permanent, temporary or portable structure or device, billboard, figure, symbol, insignia, medallion, promotional flag, banner, balloon or the like which is in the nature of advertising, representing or calling attention to a product, service, person, business, operation, use, event or which transmits information or an idea. The term "sign" or "outdoor advertising sign" shall mean any outdoor sign, display, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designed, intended or used to advertise or inform, any part of the advertising or informative content of which is visible from any place on the main-traveled way of any road, street or highway.

31.

Street. (See Highway.)

32.

Temporary sign. Any sign or information-transmitting structure intended to be erected or displayed for a limited period of generally 30 days.

33.

Time and temperature sign. An electrical or electronic sign utilizing lights going on and off periodically to display current time and temperature in the community.

34.

Vehicular sign. Any sign painted on, attached to or pulled by any vehicle moving or parked (also mobile, portable or vehicular movable).

35.

V-sign. A V-sign has two sets of supports, sharing at least one common support and capable of displaying two message boards in different directions provided such double message boards are physically contiguous. A V-sign shall have no greater angle of inclination than 45 degrees at the apex or conjunction of the two message boards (the "V").

36.

Wall sign. A sign attached to or painted on the wall of any building.

37.

Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated bogs, and similar areas.

(Ord. No. 02-12-58, 12-16-2002)

The following provisions shall apply to all signs.

a)

Visibility. The area around the sign shall be properly maintained, clear of obstacles so as to make signs readily visible.

b)

Finish. Reverse sides of signs must be properly finished with no exposed electrical wires or protrusions.

c)

Glare. Signs shall not be illuminated or constructed of materials which may impair driver vision.

d)

Location. No sign shall be located so as to obstruct or impair driver vision at business ingress/egress points or at intersections.

e)

Shielding. Sign illumination shall be placed and shielded so as not to directly cast light rays onto any other property other than that one on which the sign is constructed or onto any vehicular travelway. Signs incorporating steady, unshielded lightbulbs shall utilize bulbs not in excess of 75 watts intensity.

f)

Electrical requirements. Electrical requirements pertaining to signs shall be in conformance with the building code as adopted by the county.

g)

No part of any sign and/or its structure shall be closer than ten feet to any property line.

h)

Signs and sign foundations shall be constructed to comply with wind and seismic requirements of the county's adopted international building codes. Required document submittal shall be determined by the chief building official.

(Ord. No. 02-12-58, 12-16-2002; Ord. No. 05-08-58, 8-29-2005)

Unless otherwise provided for herein, no sign shall be erected, replaced, relocated or altered without first obtaining a sign permit and remitting payment of applicable fees as set forth in section 47-1 and chapter 11 of the Berkeley County Code of Ordinances (as amended). All applications for sign permits shall be made to the Berkeley County Permitting Department.

(Ord. No. 02-12-58, 12-16-2002; Ord. No. 20-12-50, 12-14-2020)

a)

One nonilluminated "for sale," "for rent" or "for lease" sign not exceeding six square feet in area.

b)

On-premises directional signage.

c)

Special event signs, grand opening signs and work under construction signs as described herein.

d)

Official notice, warning or any informational sign authorized by any local, state or federal governmental agency.

e)

Private street or road name signs.

f)

The changing of words on signs designed for changing.

g)

No trespassing, no hunting, no fishing, no loitering and similar signs not exceeding one square foot in area.

h)

One temporary in-season agricultural products sales sign not exceeding ten square fee [feet] in total area.

i)

Political signs as defined herein.

j)

Flags and banners.

(Ord. No. 02-12-58, 12-16-2002)

The following signs are prohibited when visible from a publicly maintained street, road or highway, whether county, state or federal.

a)

Flashing sign;

b)

Moving signs or signs having moving parts;

c)

Signs imitating traffic devices or traffic signs and/or signs using the words "stop," "danger" or any other word, phrase, symbol or character in a manner the [that] might mislead, confuse or distract a vehicle driver;

d)

Except as otherwise provided, no sign, whether temporary or permanent, except by a public agency, is permitted within any street or highway right-of-way;

e)

Freight/cargo containers used as signage;

f)

Signs painted on or attached to trees, fence posts, rocks or other natural features, telephone or utility poles, or painted on or projected from the roofs of buildings visible from any public thoroughfares;

g)

No sign of any kind shall be erected or displayed in any salt marsh areas or any land subject to periodic inundation by tidal saltwater or any wetlands as defined herein;

h)

Abandoned or dilapidated signs;

i)

All signs and supporting structures in conjunction with a business or use which is no longer in business or operation unless a new permit for the sign has been obtained.

(Ord. No. 02-12-58, 12-16-2002)

If, upon adoption or amendment of these regulations, there exist signs which were lawful before the adoption or amendment of these regulations, but which would be prohibited or regulated and restricted under the terms of these regulations, such nonconforming signs are declared to be inconsistent with the stated purpose of these regulations.

(Ord. No. 02-12-58, 12-16-2002)

a)

Type. All businesses located in Berkeley County, except shopping centers and multi-tenant buildings, may choose to utilize one "on-building" sign and one "freestanding" sign. In no case shall individual types exceed the limitations prescribed herein.

1)

On-building signs. Wall signs are those signs that are erected flat against or painted on the principal building. Projecting signs shall not extend outward from the wall more than six feet. A business may choose to utilize a wall sign or a projecting sign, but in no case shall a business use both types at any one building site and in no case shall the combined area of either type chosen exceed ten percent of the square footage of the front of the building, excluding "false fronts."

2)

Freestanding signs. A business or planned neighborhood subdivision may choose to utilize one freestanding ground sign per each highway frontage, but such sign shall not exceed ten feet in overall height. The facing shall not exceed 15 feet in width, with a maximum allowable area of 80 square feet per facing; or a business may choose to utilize one freestanding pole sign not exceeding 25 feet in overall height. The facing shall not exceed 15 feet in width, with a maximum allowable area of 80 square feet per facing. In no case shall a business use more than one type of freestanding sign at any one building site. The sign(s) shall not be erected until a permit for said sign has been approved by the county.

b)

When necessary to facilitate traffic movement, such on-premises directional signs as "Enter," "Exit," "Drive-In," "Service Entrance," "No Parking," etc., without any other advertising words or phrases, may be installed without a permit. On-site directional signage shall not exceed one sign for each entrance and/or exit and shall not exceed four square feet in area and shall not exceed three feet in overall height and shall contain no commercial message. Such sign area shall not be deducted from the square footage as permitted in part (a) of this section.

c)

Any business whose on-site sign is located on an interstate frontage road or the side of an interstate highway within 1,000 feet of an overpass on/off ramp may erect a sign that does not exceed 80 feet in overall height and does not exceed 250 square feet in size per facing.

(Ord. No. 02-12-58, 12-16-2002)

a)

Shopping centers, malls and multiple-tenant buildings may erect either one 80-square-foot per facing freestanding ground or pole sign (which may be used as an identification sign, directory listing or combination thereof) on each street or highway frontage except where the frontage exceeds 500 feet. An additional sign may be allowed provided it does not exceed 80 square feet per facing in area and the total area of all freestanding signs do not exceed the maximum allowable area as specified in section 18.9(b).

b)

Total maximum allowable area.

1.

Shopping center and/or multiple-tenant buildings fronting on one street or highway. Maximum total freestanding area 160 square feet. In this instance, no one sign shall exceed 80 square feet in area.

2.

Shopping center and/or multiple-tenant building fronting on two streets or highways. Maximum total freestanding area 240 square feet. In this instance, no one sign shall exceed 120 square feet in area.

3.

Individual businesses within a shopping center and/or multiple-tenant building may erect flat and/or projecting signs consistent with the provisions of section 18.8(a).

4.

Individual businesses within a complex and/or shopping center including outparcels shall not be allowed to have separate freestanding signs.

(Ord. No. 02-12-58, 12-16-2002)

The following provisions shall apply to all off-premises signs:

a)

Off-premises signs may be located only within 600 feet of a commercial business or industrial operation measured from the centerline of the commercial or industrial structure and only on the same side of the highway as the commercial use.

Commercial business or industrial operation does not include:

1)

Such activities not visible from the main traveled thoroughfare;

2)

Transient or temporary activities;

3)

Outdoor advertising structures;

4)

Agricultural, forestry, ranching, grazing or farming activities;

5)

Activities conducted in a building used principally as a residence, i.e., home occupations;

6)

Activities more than 660 feet from the nearest edge of right-of-way;

7)

Railroad tracks and sidings;

8)

Public buildings or activities.

b)

No portion of any off-premises sign shall be located nearer than a 1,000-foot radius of the following structures as measured from the proposed point of placement along the public right-of-way to the nearest edge of the structure:

a.

An existing off-premises sign;

b.

Church;

c.

Cemetery;

d.

Public building or facility;

e.

On-premises sign;

f.

Residence (single-family or multifamily).

c)

The maximum permitted area of an off-premises sign shall be 400 square feet.

d)

The maximum permitted height of any off-premises sign shall not exceed 40 feet measured from the elevation of existing grade to the highest part of the sign and its supporting structure.

e)

Back-to-back signs and V-sign structures shall be considered as one sign for purposes of spacing requirements.

f)

Off-premises directional signs. In order to provide information and directional aid to the general public, off-premises directional signs may be erected with a building permit in Berkeley County provided the sign is not larger than 32 square feet or higher than eight feet from the finished road grade. No off-premises sign shall be located within 150 feet from any other freestanding sign. A business may utilize and/or construct a maximum of three off-premises directional signs.

g)

Directory listing signs. Directory listing signs will be placed at strategic locations on major highways in order to provide pertinent Berkeley County area information to tourists and visitors. Such listings are intended to be informational and helpful for the convenience of visitors and not promotional of any particular business or type of business. Listings may be limited to local area hotels/motels, restaurants, major residential developments, major retail outlet centers and the like.

h)

The design, location and information character of off-premises directional signs and directory listing signs will be consistent with policies adopted by Berkeley County Council and, in addition, must be in compliance with the Highway Advertising Control Act of South Carolina.

i)

Administration of directory listing signs will be in accordance with regulations developed by the county supervisor.

j)

No signs shall be located nearer than 1,500 feet to any location designated a scenic area or highway or wetlands or heritage preserve as defined herein and established pursuant to article 10.3.

(Ord. No. 02-12-58, 12-16-2002; Ord. No. 04-11-68, 11-23-2004)

Editor's note— Ord. No. 18-05-22, adopted May 29, 2018, deleted § 18.11, which pertained to political signs, in its entirety. Former § 18.11 derived from Ord. No. 02-12-58, adopted December 16, 2002 and Ord. No. 05-03-08, adopted March 28, 2005.

The following types of signs are classified as "temporary signs":

a)

Special event signs which are in the nature of commercial advertising.

b)

"Grand Opening," "Going Out of Business," and "Sale" signs of business and services.

c)

Signs for work under construction.

d)

Land subdivision or development signs.

e)

Signs advertising the sale or lease of property upon which they are located.

(Ord. No. 02-12-58, 12-16-2002; Ord. No. 18-05-22, 5-29-2018)

The zoning administrator or his designee shall have the authority to remove without notice to the owners thereof, and impound for a period of ten days, signs placed within any street or highway right-of-way; signs attached to trees, fence posts, telephone and utility poles or other natural features; and signs erected without a permit.

18.13.1. Impounded signs—Recovery, disposal. The owners of signs impounded may recover same upon the payment of $1.00 for each square foot of such impounded sign, prior to the expiration of the ten-day impoundment period. In the event it is not claimed within ten days, the zoning administrator or his designee shall have authority to discard the sign.

(Ord. No. 02-12-58, 12-16-2002)