It is the purpose of this subchapter to permit signs of a commercial, industrial, and residential nature in districts which have uses with appropriate need for signs and to regulate the size and placement of signs intended to be seen from a public right-of-way.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10)

   All signs within the jurisdictional area shall be covered by these regulations and shall be erected, constructed, and maintained in accordance with the provisions of this chapter, the State Building Code, and the National Electrical Code. Only those signs that are specified shall be created within the jurisdictional areas of this chapter.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   No sign shall be erected or continued that:

   (A)   Obstructs the sight distance at intersections or along a public right-of-way;

   (B)   Would tend by its location, color or nature to be confused with or obstruct the view of traffic signs or signals, or would be confused with a flashing light of an emergency vehicle; or

   (C)   Which might be confused with traffic directional signs and signs such as stop, go, slow, danger, and the like.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   No sign shall be attached to or painted on any telephone pole, light pole, telegraph pole, or other man-made objects not intended to support a sign, or any tree, rock, or other natural objects.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   Whenever a sign becomes structurally unsafe or endangers the safety of a building or the public, the Building Inspector shall order that such sign be made safe or removed. A period of ten days following receipt of the order by the person, firm, or corporation owning or using the sign shall be allowed for compliance.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   No internally illuminated or flashing signs shall be permitted at any residential or non-governmental property. Illumination devices such as, but not limited to, flood or spotlights shall be placed and shielded so as to prevent the rays of illumination from being cast upon neighboring properties/buildings and/or vehicles approaching from either direction. All lighting shall be so directed as required to protect nesting turtles.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10; Am. Res. passed 3-14-24) Penalty, see § 10.99

   All signs or advertising structures located in districts where they would not be permitted as a new use under the terms of these regulations are hereby declared to be nonconforming uses. Nonconforming signs shall be removed within three years of the adoption of this chapter. However, signs that are nonconforming as a result of improper illumination shall be made to conform to the requirements of this chapter within one year.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   Non-illuminated signs listed below are excluded from these regulations.

   (A)   Signs not exceeding one square foot in area and bearing only property numbers, post office box numbers, names of occupants or premises, or other identification of premises not having commercial connotations.

   (B)   Flags and insignias of any government except where displayed in connection with commercial promotion.

   (C)   Legal notices, identification, information, directional signs erected or required by governmental bodies.

   (D)   Integral decorative or architectural features of buildings, except letters, trademarks, moving lights or moving parts.

   (E)   Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10)

   (A)   No permit shall be issued for any sign which does not comply with the requirements of this chapter.

   (B)   Applications for permits to erect, hang, place, paint, or alter the structure of a sign shall be submitted on forms obtainable from the Building Inspector. Each application, shall be accompanied by a plan showing the following:

      (1)   Area of the sign;

      (2)   Size, character, general layout, and designs proposed for painted displays.

      (3)   The method and type of illumination, if any.

      (4)   The location proposed for such signs in relation to property lines, zoning district boundaries, right-of-way lines, and existing signs.

      (5)   If conditions warrant it, the Building Inspector may require such additional information as will enable him to determine if such sign is to be erected in conformance with the requirements of this chapter.

      (6)   Payment of fee to obtain building permit.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10)

   (A)   Permitted signs. The following signs may be erected, hung, or placed without a permit from the Building Inspector but shall not be illuminated unless otherwise specified:

      (1)   Temporary real estate sign. One temporary real estate sign, not exceeding ten square feet in area, shall be permitted per residential lot. One temporary real estate sign, not exceeding 32 square feet in area, shall be permitted for commercial or industrial property and/or for tracts of land five acres or more in area. Where the property on which the sign is to be placed faces more than one street, one such sign shall be allowed on each street frontage.

      (2)   Temporary construction sign. One temporary construction site sign not exceeding 32 square feet erected on the site during the period of construction to announce the name of the owner or developer, contractors, architect, land planner, landscape architect, engineer, and/or mortgage banker.

      (3)   Direction or information sign. Director or information signs of a public or quasi-public nature shall not exceed 32 square feet in area. Such signs shall only be used for the purpose of stating or calling attention to:

         (a)   The name or location of the town, hospital, community center, public or private school, church, synagogue, or other place of worship (this type sign may be illuminated).

         (b)   The name of a place of meeting of an official or civic body, or fraternal organization (this type sign may be illuminated).

         (c)   An event of public interest such as public hearing, rezoning announcement, general election, church or public meeting, local or county fair, and other similar community activities and campaigns.

         (d)   Soil conservation, 4-H, and similar projects.

         (e)   Zoning and subdivision jurisdiction boundaries.

         (f)   Name of a subdivision or other building project (sign may include name of project, real estate agency, architect, engineer, mortgage banker, and the like).

      (4)   Rental signs no larger than four square feet attached to the rented structure.

   (B)   Setback requirements. Signs which do not require a permit shall be set back at least ten feet from any public right-of-way line or property line and shall be set back at least 50 feet from any road intersection.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   Only those signs listed in § 153.119 are exempt. All others shall require a permit.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   (A)   On premise principal use signs for the express purpose of identifying the use thereon may be permitted only in the commercial recreation district.

   (B)   Each principal use sign shall require a permit.

   (C)   Principal use signs may be illuminated as specified in § 153.115.

   (D)   Principal use signs shall be set back at least ten feet from any right-of-way line or property line and shall not obstruct the vision of a street intersection for a distance of 50 feet from the right-of-way of the intersection.

   (E)   No principal use sign shall be permitted that exceeds 32 square feet of sign area.

   (F)   No principal use sign shall exceed 20 feet in height measured from the finished grade of the lot to the top of the sign structure.

   (G)   The combined total sign area of all principal use signs on the premises shall not exceed 32 square feet or six square feet of sign area per linear foot of street frontage in single ownership, whichever is less.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   Outdoor advertising signs shall not be permitted in any zoning district.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   The purpose of this chapter is to implement the provisions of G.S. § 160D-108 pursuant to which a statutory zoning vested right is established upon the approval of a site-specific vesting plan.

(Ord. passed 3-12-92; Am. Res. passed 4-8-10; Am. Ord. passed - -)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Ord. passed 3-12-92; Am. Res. passed 4-8-10; Am. Ord. 2014-001-O, passed 4-10-14; Am. Ord. passed - -)

   (A)   A zoning vested right shall be deemed established upon the valid approval, or conditional approval, by the Board of Commissioners, Planning Board or Board of Adjustment, as applicable, of a site-specific vesting plan, following notice and public hearing.

   (B)   The approving authority may approve a site-specific vesting plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare and that follow the requirements set forth in the zoning and subdivision ordinances of the town.

   (C)   Notwithstanding paragraph (A) or (B), approval of a site- specific vesting plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variances are obtained.

   (D)   A site-specific vesting plan shall be deemed approved upon the effective date of the approval authority’s action or ordinances relating thereto.

   (E)   The establishment of a zoning vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulations by the city, including, but not limited to building, fire, plumbing, electrical and mechanical codes. Construction shall comply with the building code in effect on the date of the first inspection, and not the code in effect on the date the vested right is secured. Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site-specific vesting plan upon the expiration or termination of the vested right in accordance with this chapter.

   (F)   A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site-specific vesting plan, all successors to the original landowner shall be entitled to exercise such right while applicable.

(Ord. passed 3-12-92; Am. Res. passed 4-8-10; Am. Ord. passed - -)

   (A)   Except as otherwise provided in this section, an application for site-specific vesting plan approval shall be processed in accordance with the procedures established by ordinance and shall be considered by the designated approval authority for the specific type of zoning or land use permit or approval for which application is made.

   (B)   In order to obtain a zoning vested right hereunder, the applicant must set forth in writing at the time of the application that the applicant seeks a zoning vested right. All applications for zoning vested rights shall be considered by the Board of Commissioners, Planning Board or Board of Adjustment following a notice and public hearing as provided in G.S. Ch. 160D-601 irrespective of whether or not prior approval procedures required such notice and hearing.

   (C)   In order for a zoning vested right to be established upon approval of a site-specific vesting plan, the applicant must indicate at the time of application, on a form to be provided by the city, that a zoning vested right is being sought.

   (D)   Each map, plat, site plan or other document evidencing a site-specific vesting plan shall contain the following notation: “Approval of this plan established a zoning vested right under G.S. § 160D-108. Unless terminated at an earlier date, the zoning vested right shall be valid until (date).”

   (E)   Following approval or conditional approval of a site- specific vesting plan, nothing in this chapter shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.

   (F)   Nothing in this chapter shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or the zoning ordinance. Any revocation of a development approval shall be in accordance with the same process that was followed for approval.

(Ord. passed 3-12-92; Am. Res. passed 4-8-10; Am. Ord. 2014-001-O, passed 4-10-14; Am. Ord. passed - -)

   (A)   A zoning right that has been vested as provided in this chapter shall remain vested for a period of two years unless specifically and unambiguously provided otherwise pursuant to division (B) of this section. This vesting shall not be extended by any amendments or modification to a site-specific vesting plan unless expressly provided by the approval authority at the time the amendment or modification is approved.

   (B)   Notwithstanding the provisions of division (A), the approval authority may provide that rights shall be vested for a period exceeding two years but not exceeding five years where warranted in light of all relevant circumstances, including, but not limited to, the size of the development, the level of investment, the need for or desirability of the development, economic cycles, and market conditions. These determinations shall be in the sound discretion of the approval authority at the time the site-specific vesting plan is approved. A multi-phased development is vested for the entire development with the land development regulations then in place at the time a site plan approval is granted for the initial phase of the multi-phased development. A right which has been vested as provided for in this division remains vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development.

   (C)   Upon issuance of a building permit, the expiration provisions of G.S. § 160D-1111 shall apply, except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding.

(Ord. passed 3-12-92; Am. Res. passed 4-8-10; Am. Ord. 2014-001-O, passed 4-10-14; Am. Ord. passed - -)

   A zoning right that has been vested as provided in this chapter shall terminate:

   (A)   At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filled;

   (B)   With the written consent of the affected landowner;

   (C)   Upon findings by the Board of Commissioners, by ordinance after notice and a public hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site-specific vesting plan;

   (D)   Upon payment to the affected landowner of compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant’s fees incurred after approval by the town, together with interest thereon at the legal rate until paid. Compensation shall not include any diminutive in the value of the property which is caused by such action;

   (E)   Upon findings by the Board of Commissioners, by ordinance after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site-specific vesting plan; or

   (F)   Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site-specific vesting plan, in which case the approval authority may modify the affected provisions, upon a finding that the change in state or federal law has fundamental effect on the plan, by ordinance after notice and a hearing.

(Ord. passed 3-12-92; Am. Res. passed 4-8-10; Am. Ord. passed - -)

   A petition for annexation filed with the town shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to the petition has been established under G.S.§ 160D-108. A statement that declares that no zoning vested right has been established under G.S.§ 160D-108, or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner and any such zoning vested right shall be terminated.

(Ord. passed 3-12-92; Am. Res. passed 4-8-10; Am. Ord. 2014-001-O, passed 4-10-14; Am. Ord. passed - -)

   Nothing in this chapter is intended or shall be deemed to create any vested right other than those established pursuant to G.S. § 160D-108.

(Ord. passed 3-12-92; Am. Res. passed 4-8-10; Am. Ord. 2014-001-O, passed 4-10-14; Am. Ord. passed - -)

   If a land development regulation is amended between the time a development permit application was submitted and a development permit decision is made or if a land development regulation is amended after a development permit decision has been challenged and found to be wrongfully denied or illegal, G.S. § 143-755 applies.

(Ord. passed - -)