All terms used herein are defined alphabetically.

Alley. A public right-of-way, not over 30 feet in width, providing a secondary means of access and service to abutting property.

Building. Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind.

(1)

Building accessory. A "building" subordinate to the main or "principal building" on the "lot" and used for purposes customarily incidental to those of the main building. See "accessory dwelling unit."

(2)

Building, height of. Excluding oceanfront residences, the vertical distance to the intersection of the highest inside finished face of the exterior vertical wall and the highest ceiling, measured from the average natural grade or the minimum flood elevation, whichever is higher. The maximum height of the roof shall not exceed ten feet above the intersection point cited in this definition.

(3)

Building line. A line parallel to the "front lot line" at the minimum required front "setback" line.

(4)

Building, principal. "Building" in which is conducted the primary use of the "lot" on which it is situated.

Building permit. For the purposes of the concurrency management ordinance, a duly issued permit that may authorize the construction of a new building, expansion of floor area, an increase in the number of dwelling units contained in an existing building or a change in use.

Development. The construction, installation, demolition or removal of a structure, impervious surface or drainage facility; clearing, scraping, grubbing, killing or otherwise removing vegetation; adding, removing, exposing, excavating, leveling, grading, digging, furrowing, dumping, piling, filling, dredging or otherwise significantly disturbing or altering soil, mud, sand or rock; or the modification or redevelopment of a site. Development may include, but is not limited to, carrying out of any building or mining activity, the making of any material change in the use or appearance of any structure or land or the dividing of land into two or more parcels. Development does not include work by electric utility providers on utility infrastructure on certain rights-of-way or corridors and the creation or termination of distribution and transmission corridors. The following activities shall be constructed to involve development:

(1)

Reconstruction, alteration of the size or material change in the external appearance of a structure;

(2)

Change in land use intensity, such as an increase in the number of units in a structure or on the land;

(3)

Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal;

(4)

Alteration of the land or vegetation in a floodplain or flood prone area;

(5)

Dredging, drilling, except to obtain soil samples, mining or excavation on land;

(6)

Demolition of a structure;

(7)

Clearing of land; and

(8)

Deposit of refuse, solid or liquid waste or fill on land.

The term "development" includes all other development customarily associated with it, unless otherwise specified. When appropriate to the context, development refers to the act of developing or to the result of development. Reference to particular activities is not intended to limit the generality of the term "development."

District. A portion of the incorporated area of the Town within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

Family. One or more persons related by blood, adoption or marriage living and cooking together as a single housekeeping unit, exclusive of household servants; and not more than two persons living and cooking together as a single housekeeping unit not related by blood, adoption or marriage.

Garage, private. A "structure" for the storage principally of private passenger motor vehicles, or for the private use solely of the owner or occupant of the "principal structure" on a "lot" or of his or her "family" or domestic employees and shall be not more than one "story." No service for profit may be conducted within the "structure."

Right-of-way. Land reserved or to be used for a street, alley, walkway, drainage facility or other public purpose.

Street. A public right-of-way or thoroughfare 50 feet or more in width which normally affords the principal means of access to abutting property. This definition includes avenue, boulevard, parkway, court, highway, lane and roadway.

(1)

Arterial street. A heavy traffic street of considerable continuity and used primarily as a traffic artery for interconnectivity among large areas. Width shall conform to the official map.

(2)

Half or partial street. A street, generally parallel and adjacent to the boundary line of a tract, having a lesser right-of-way width than required for a full width street of the type involved.

(3)

Marginal access street. A minor street which is parallel and adjacent to arterial streets, and which provides access to abutting properties and protection from through traffic.

(4)

Collector street. A heavy traffic road collecting residential or local street traffic and connecting arterial streets.

(5)

Private street. A privately owned access to abutting property platted, but not dedicated to the general public, with a minimum right-of-way width of 50 feet built to specifications not accepted by, improved or maintained by the Town until the time as the Town may elect to accept the road as a public street.

Sign. The use of any words, numerals, figures, devices, designs or trademarks by which anything is made known such as to show an individual, firm, profession, business, product or message, and which is visible to the general public. "Sign" also includes any object, structure, symbol, display, banner, streamer or other thing, with or without lettering, which is intended to or does identify or attract attention to any privately owned property or premises, or is intended to inform the public of sales, rental, leases or other activities.

(1)

Sign, abandoned. A "sign" which no longer applies to the business, property or site due to the closing of a business, lack of business license or a change in business name, or for any other reason rendering the "sign" not applicable to the premises involved.

(2)

Sign, ground. A "sign" which is located separate from the building and is mounted on the ground but not on a pole.

(3)

Sign, illuminated. Any "sign" which radiates internal light, and which is visible from any public property or right-of-way.

(4)

Sign, wall. A "sign" which is located on the facade of a "building" or "structure" and is intended to be visible from outside of the property or from any right-of-way open to the public. Such signs may be parallel to the wall, projecting at right angles to the wall or on an awning.

(5)

Sign, multi-faced. A "sign" which has more than two faces.

(6)

Sign, window. A "sign" mounted on a window or on the glass portion of a door.

Structure. Anything constructed or erected, the use of which requires location on the ground or attachments to something having location on the ground.

Subdivision. The platting of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, including establishment of new streets and alleys, additions and re-subdivisions. When appropriate to the context "subdivision" related to the process of subdividing or to the land or area subdivided and filed for record with the Clerk of the Circuit Court of the County.

Tree. A woody plant having a well-defined stem, a more or less well-defined crown and which has attained a height of at least eight feet with a trunk diameter of not less than three inches, or a cluster of main stems having an aggregate diameter of not less than three inches, at a point four and one-half feet above ground.

Violators. Those persons or entities legally responsible for violations of this Code.

(Ord. No. 571, § 1, 5-13-2024)

It is hereby determined that street graphics are a necessity within the Town to generally inform the public as to regulations, hazards, locations and activities. Signs are also necessary to substitute for house numbering and identification of businesses. Uncontrolled signs however can create hazards, confusion, poor aesthetics, loss of business, loss of tax revenues, clutter and garishness; adversely affect the stability and value of property; produce degeneration of property with attendant deterioration of conditions affecting the safety, health, and welfare of the Town; and destroy the proper relationship between the taxable value of property and the cost of municipal services. It is therefore found that all commercial and development identification signs within the Town should be reviewed for their effect upon the Town and approved by Town staff. It is further found that display cases fall within the same character as signs and shall be governed by these regulations.

(Ord. No. 522, § 1, 6-16-16; Ord. No. 565, § 1(Att. A), 9-26-2023)

Signs which are illuminated from within or are backlit are prohibited.

(Ord. No. 522, § 1, 6-16-16)

Signs which overhang sidewalks or vehicular areas are prohibited if:

(1)

The sign exceeds three square feet in area, regardless of the extent to which it projects over or above any sidewalk, street, alley, lane or other public place or way;

(2)

The sign would extend more than 30 inches into a walkway; or

(3)

The sign would be less than seven feet at its lowest point above the walkway surface.

(Ord. No. 522, § 1, 6-16-16)

Only one sign shall be allowed for each system installed and the sign area shall be limited to 140 square inches.

(Ord. No. 522, § 1, 6-16-16)

Whenever a building permit has been issued for the construction, alteration or repair of a structure and work is in progress on the site pursuant to the permit, contractors or architects engaged in the work during the time the work is going on may display on the site their sign, provided that:

(1)

No individual sign displayed on the building site shall be of an area larger than six square feet;

(2)

No individual contractor or architect shall display more than one sign on any building site at any given time; and

(3)

The total area of construction signs displayed at any one time on the building site, considered together, shall not exceed ten square feet.

(Ord. No. 522, § 1, 6-16-16)

All temporary signs may be fabricated from the same material permitted for permanent signs, and in addition may be fabricated of less permanent materials and woods such as pasteboard or corrugated pad board. In no event shall temporary signs be self-illuminated, luminescent, fluorescent or have any characteristics which make them glow or shine. These signs shall be removed upon agreement of sale, exchange, or lease. Further details for temporary signs can be found in (A) and (B) below.

(A)

Real estate signs.

(1)

Location. Real estate signs are to identify "open houses," "for sale," or similar and shall be located on-site for single family residential homes, including model homes or non-occupied homes. Signs that indicate that the premises are for sale or for rent are limited to one sign for each property frontage. Signs cannot be placed on public rights-of-way. Signs cannot be placed on any property that would obstruct vision at corners, intersections, or other similar locations that could interfere with the free flow of traffic upon streets and roadways. Nor can signs deny pedestrians access or flow on the sidewalks and bicycle paths.

(2)

Manner. Signs should be posted or installed in a manner that would be easy to remove such as yard stakes or wire H frames.

(3)

Time. The sign may be displayed only between 10:00 a.m. and 5:00 p.m.

(4)

Size and allowable copy. No single sign in a residentially zoned district shall exceed 187 square inches in area (the size of an 11" by 17" sign) or contain lettering exceeding three inches in height. No single sign in a commercially zoned district shall exceed three square feet in area or contain lettering exceeding three inches in height. These signs shall contain only the following information:

(a)

That the property is for sale, lease or exchange by the owner or his agent;

(b)

The owner's or agent's name;

(c)

The owner's or agent's address and telephone number; or

(d)

When appropriate to the occasion, the words "open house" or "inquire within."

(B)

Development signs.

(1)

Development signs are to identify residential developments that have sales offices on site for developer-owned lots and residences for sale in that development. A sign may be permitted by the Planning, Zoning and Variance Board under the following conditions:

(a)

The development has a duly permitted sales office on site.

(b)

Location. The sign is placed at the entrance to the development to indicate the on-site sales office is open. Signs cannot be placed on public rights-of-way.

(c)

Manner. These signs should be posted or installed in a manner that would be easy to remove such as yard stakes or wire H frames.

(d)

Time. The sign may be displayed only between 10:00 a.m. and 5:00 p.m.

(e)

Size and allowable copy. The sign shall not exceed two feet by three feet in dimension with letters not to exceed three inches in height. The colors must be approved by the Planning, Zoning, and Variance Board.

(f)

The permit may be granted for a period of up to 12 months or until the last home or lot is sold by the developer, whichever occurs first. The permit may include requirements as to content and placement to minimize adverse aesthetic effects.

(C)

Residential event/sales signs.

(1)

Residential event/sales signs are to identify lots in which a temporary event, temporary sale, garage sale, rummage sale, or estate sale has been allowed through an approved permit

(a)

Location. The sign should be placed on the lot of the event or sale, not placed in public right-of-ways. Nor can the signs deny pedestrians access or flow on the sidewalks and bicycle paths.

(b)

Manner. These signs should be posted in a manner that would be easily visible and easy to remove, such as yard stakes or wire H frames.

(c)

Time. Signs may be displayed on site during the hours of the event or sale. The signs may also be displayed the day before the event is to take place from 10:00 a.m. to 5:00 p.m.

(d)

Size and allowable copy. The sign shall not exceed two feet by three feet in dimension with letters not to exceed three inches in height. The colors must be approved by the Planning, Zoning, and Variance Board.

(e)

Temporary event/sale permit. A permit may be granted by the Town for a garage sale, rummage sale, or estate sale sign, subject to the provisions outlined herein.

(Ord. No. 571, § 1, 5-13-2024)

Editor's note— Ord. No. 571, § 1, adopted May 13, 2024, repealed § 164.06 and enacted a new § 164.06 as set out herein. Former § 164.06 pertained to real estate signs and derived from Ord. No. 522, § 1, adopted June 16, 2016 and Ord. No. 565, § 1(Att. A), adopted September 26, 2023.

(A)

Design review. Except for signs authorized in section 164.06, all signs and display cases in commercial districts shall be subject to design approval by staff at the time of site plan review. The following criteria shall be used:

(1)

Its compatibility with the architecture of the building and the location on the site; and

(2)

The extent to which it would create confusion to the public or to police and fire response calls in emergencies, or does not fit the character of the Town.

(B)

Design standards.

(1)

A building with 40 feet or less frontage on a public way may have one ground sign not exceed ten square feet and ten square feet of wall signs.

(2)

A building with frontage greater than 40 feet on a public way shall not exceed two and one-half square feet of sign area for each ten feet of frontage or major fraction thereof. There shall be only one ground sign per lot and it shall not exceed 20 square feet in area. Wall signs shall be limited to one per establishment, not to exceed 20 square feet.

(3)

A building with frontage on more than one public way may apply the provisions of (1) and (2) above to each frontage.

(4)

In calculating the area of signs, only one face of a double-faced ground sign or projecting wall sign shall be included. Multi-faced signs are prohibited.

(5)

No lettering shall exceed ten inches in height.

(6)

In no case shall a ground sign exceed six feet in height.

(7)

Permanent window signs greater than 160 square inches are prohibited; temporary window signs shall be limited to seven days.

(C)

Window signs. No more than 75 percent of window area of commercial structures can be covered with signs.

(Ord. No. 522, § 1, 6-16-16; Ord. No. 565, § 1(Att. A), 9-26-2023)

(A)

Permanent allowable signs on individual lots in residential districts include the following:

(1)

House name signs and occupants' name plates. These are signs which, by their nature and wording, identify either the house or its occupant or both, and which essentially take the place of house numbers. These signs may include pictorial and decorative designs as well as words, and may be in a shape or form, but shall not exceed two square feet in area.

(2)

Alarm and construction signs. Alarm and construction signs as provided for elsewhere in this chapter.

(Ord. No. 522, § 1, 6-16-16; Ord. No. 571, § 1, 5-13-2024)

(A)

Multi-family development and subdivision signs. This section provides for signs identifying multi-family developments or subdivisions of single-family residences, both referred to as residential developments.

(B)

Size and height restrictions. The face support area of the sign shall be included in the maximum permissible square footage. The maximum of such signs shall not exceed the following:

(1)

Residential developments with up to 600 feet of frontage on a public way may have one ground sign not exceeding 20 square feet and six feet in height.

(2)

Residential developments with over 600 feet of frontage on a public way shall not exceed two ground signs, neither of which shall exceed 20 square feet and six feet in height.

(3)

Residential developments with frontage on two or more public ways may have one such ground sign on each public way, regardless of the number of front feet.

(4)

Any entrance wall name sign at an entry or exit to or from a residential development shall not exceed a maximum of seven feet, six inches in length, or exceed a maximum of 15 inches in height. Not more than two such wall signs shall be placed at each entrance. These wall signs shall be in lieu of the ground signs permitted in (1) through (3) above. The word "private" on any entrance name sign shall not exceed three inches in height.

(C)

Size calculations. The maximum areas will be based on the number of residential units as follows: Maximum area:

- Under 50 residential units: 32 square feet per face.

- Fifty or more residential units: 48 square feet per face.

(Ord. No. 522, § 1, 6-16-16; Ord. No. 565, § 1(Att. A), 9-26-2023; Ord. No. 571, § 1, 5-13-2024)

Governmental facility identification signs shall not exceed 60 square feet in size.

(Ord. No. 522, § 1, 6-16-16)

All signs shall be maintained in a presentable and safe structural condition; including the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of said sign. Failure to so maintain shall be considered a violation of this Code.

(Ord. No. 522, § 1, 6-16-16)

(A)

Timing of removal. Signs due to a closing of a business, a change in business name or for any other reason rendering the sign not applicable to the property involved shall be removed by the permit holder or the owner of the building or premises within ten days from the date of the action that caused the sign to be considered abandoned.

(B)

Executing removal. A condition of approval for all sign permits shall be that the permit holder or owner of the building or premises, at his own expense, removes all abandoned signs. An abandoned sign may be removed by the Town after the ten day period and the permit holder or owner may be charged for the cost of removal. New signs for a building or property on which an abandoned sign is located shall not be approved until the abandoned sign is removed. Approval may be given on the condition that the abandoned sign is removed before a new sign is erected.

(Ord. No. 522, § 1, 6-16-16)

Approved applications for signs or display cases shall be considered null and void when any of the conditions below are found to exist:

(A)

The sign or display case was not built or placed in accordance with the approval granted;

(B)

The sign or display case was not placed on the site within 90 days of approval and no extension of time has been granted by the approving body; or

(C)

The business tax receipt has lapsed or become inactive, or the sign is considered abandoned as described in section 164.12.

(Ord. No. 522, § 1, 6-16-16)

(A)

Signs shall be either freestanding or window signs a maximum of one square foot in area, a maximum of one foot in height. The cumulative area of all window signs shall be a maximum of 20 percent of the total area of each window.

(B)

Election signs shall be located wholly on private property with the prior consent of the property owner or lawful occupant of the property. Such signs shall be located at least two feet from public rights-of-way and shall be at least 15 feet from rear and side property lines.

(C)

The number of signs allowed per street frontage shall be one per candidate and one per each side of an issue.

(D)

Election signs shall be posted no earlier than 30 days prior to the corresponding election and must be removed no later than seven days after the corresponding election.

(E)

Failure to properly place or remove signs will result in a fine of $25 per occurrence.

(Ord. No. 531, § 1, 9-22-16; Ord. No. 571, § 1, 5-13-2024)

Editor's note— Ord. No. 571, § 1, adopted May 13, 2024, repealed § 164.14 and renumbered § 164.15 as § 164.14. Former § 164.14 pertained to temporary real estate development signs and derived from Ord. No. 522, § 1, adopted June 16, 2016 and Ord. No. 565, § 1(Att. A), adopted September 26, 2023.