The purpose of the following sign requirements is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising signs, and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, and enhance and protect the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distraction and obstructions that may be caused by signs overhanging or projecting over public rights-of-way, provide more open space, curb the deterioration of the natural environment and enhance community development. The sign ordinance applies to the incorporated town limits unless otherwise identified. It applies to commercial buildings in all zones.

(Ord. of 11-16-10)

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 article, the North Carolina Building Code, and the National Electrical Code. Only those signs that are permitted shall be erected within the jurisdictional areas of this article. See the table on file in the town clerk's office for list of signs that are prohibited by zone.

1. Computation of area of individual signs. The area or "surface area" of a sign is defined by the smallest perimeter (formed by a rectangle) fully enclosing the total surface devoted to the sign's message, together with any ornamentation, embellishment, and associated background, excluding any necessary supports or uprights on which the message is placed and excluding any architectural ornamentation. As an aid to interpreting this formulation, the following is to be employed:
   1. If the message is on a surface, structure or frame specifically employed for holding signage, the entire surface area within the frame's border is counted;
   2. If the message is on a door, wall or other structural part of a building, only that portion of the door, wall or structure actually devoted to the message and associated symbols and background, if any, is counted.
   3. If a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign and the area of the sign shall be taken as the area of one (1) face if the two (2) faces are of equal area, or the area of the larger face if the two (2) faces are of unequal area.
2. Total sign area allowed for permanent nonresidential signs. Each commercial and business property is allowed a total aggregate surface area not to exceed one and one-half (1½) square feet for each linear foot of building frontage. Buildings located on corner lots (fronting upon two (2) public commercial street rights-of-way, excluding alleys, walkways, side streets and residential streets) and multi-story buildings with upper-floor, nonresidential occupants or tenants are allowed a maximum sign surface not to exceed one and one-half (1½) square feet for every linear foot of building frontage. Suspended and projecting signs shall be calculated separately from other wall signs.
3. Signs not included in total area allowance. All permanent signs permitted and regulated through the ordinance shall count as part of the property's total allowed signage except: building markers, flags and flagpoles, identification, incidental, wall-mounted directory of no larger than three (3) square feet, shingle/suspended signs of no larger than two (2) square feet in total area. In addition, signs specifically associated with sidewalk cafes, sandwich boards and street furniture shall not be calculated as part of the establishment's total sign area.

(Ord. of 3-15-11, # 2)

The signs listed below are excluded from these regulations:

1. Signs not exceeding four (4) square feet in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises not having commercial connotations and are on owner's property.
2. Flags, signs, and insignias of any governmental agency, except where displayed in connection with commercial promotion; items in this category are not to exceed thirty-two (32) square feet.
3. Signs directing and guiding traffic, parking and safety signs on private property, but bearing no advertising matter. Items in this category are not to exceed six (6) square feet.
4. Yard sale and for sale signs which are temporary. Items in this category are not to exceed six (6) square feet. All signs in this category must be set off street right-of-way in all zones except commercial. All signs in this category in the commercial district must be set back three (3) feet from the right-of-way. If three (3) feet is not available the sign must be behind the sidewalk or attached to the structure.
5. Signs located on church property not exceeding thirty-two (32) square feet. A maximum of two (2) church signs directing persons to churches located within the town not exceeding four (4) square feet each.
6. Current residential monument signs erected prior to 2008 are allowed. Monument signs must be approved and are subject to the subdivision approval process.
7. Temporary signs may be erected on privately owned premises for a cumulative durational period of ninety (90) days within a single calendar year. Temporary signs will not be allowed in the right-of-way within the town limits or on any publicly owned property. Temporary signs in the extraterritorial jurisdiction shall be placed near the tree line from the edge of the road. Temporary signs may not be erected within fifty (50) feet of Town Hall or polling places twenty-four (24) hours prior to the scheduled election subject to limits imposed by the New Hanover County Board of Elections. Temporary signs may not exceed six (6) square feet in size.
8. Historically significant signs. The Federal Point Historic Preservation Society, the committee charged with protecting historical districts, may nominate signs located in such districts as historically significant signs. The town council shall hold a public hearing and make final determination as to the historical significance of such nominated sign, and if such sign is found to be historically significant, then the prohibition herein shall not regulate such sign. However, such sign may only be maintained and shall not be enlarged, diminished or significantly changed, and in the event of such notification of change, it shall lose the protection as an historically significant sign.
9. Freestanding or monument signs for existing homeowner associations of more than four (4) lots noting only entrances, and/or common areas designated for owners use i.e. pool, parking lot, tennis court, clubhouse, etc. Signs shall be limited to thirty-two (32) square feet and up to eight (8) feet tall, shall be illuminated from the exterior only, and shall be constructed of the same material to have a similar look of the homes located within the HOA. No sign shall contain any changeable copy system. When using this exception, no more than two (2) signs per entrance and/or common areas are allowed. Permitting process of KBC 15.40.050 applies.

(Ord. of 6-16-09; Ord. of 10-20-09; Ord. of 3-15-11, # 3; Ord. of 4-21-16; Ord. of 10-22-18)

1. The code enforcement officer shall issue a permit for the erection or construction only for a sign which meets the requirements of this article.
2. Filing procedures for permits to erect, hang, place, paint, or alter the structure of a sign shall be submitted on forms obtainable from the code enforcement officer.
3. 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 code enforcement officer 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 article; and
   6. Payment of fee to obtain building permit.

(Ord. of 3-15-11, # 4)

Unless expressly permitted elsewhere in this chapter, the following commercial signs are prohibited:

1. No commercial sign shall be erected within or encroach upon any public property or within any public right-of-way, or which obstructs the sight distance at intersections.
2. Flashing, moving, pulsating or intermittently lighted signs, electronic reader boards, programmable signs, time and temperature signs, laser lighting and search lights.
3. Signs which conflict with or imitate any traffic control device due to color, wording, design, location or illumination, or which interfere with the safe and efficient flow of vehicular and/or pedestrian traffic.
4. Animals, or human beings, live or simulated, designed or used so as to attract attention to the premises.
5. Loudspeakers or signs which emit sound, odor or visible matter.
6. Signs with mechanical movement.
7. Flags, kites, pennants, balloons, spinners, streamers, or other such advertising devices or displays, except seasonal holiday decorations and other temporary, noncommercial celebratory activities, such as birthday parties.
8. Signs which constitute a nuisance or hazard due to their intensity of light.
9. Signs which no longer identify a bona fide business conducted on the premises. Such signs shall be removed by the owner of the sign within sixty (60) days of the business' closing date.
10. Vehicle signs, trailer signs, signs affixed to automobiles, trucks, trailers, or other vehicles parked on any property within the Town for the principal purpose of advertising or display. The following shall constitute a prima facie violation of this section:
    1. The advertising medium utilized on the vehicle is a sign, device, or structure separate from the vehicle.
    2. The copy is readily changeable, including but not limited to, repainting such sign, device or structure.
    3. The sign, device or structure exceeds nine (9) square feet in area and the vehicle is parked on the street or on the business premises to which the advertising relates or in reasonable proximity thereto and the location of the advertising is reasonably calculated to direct an observer toward the business. It shall be considered that advertising was the principal purpose of the parking of the vehicle, notwithstanding the fact that the vehicle is driven to and from the business premises on a daily basis. The vehicle is not parked in a manner to circumvent the standards of this chapter for the amount or type of signing permissible on a site by either parking on the site or on public rights-of-way immediately adjoining the site in such a manner as to call attention to the sign or vehicle.
11. Exposed neon conduit or tubing, interior or exterior neon window signs, interior or exterior LED signs, or lighting displays inside or outside the building so as to be visible from streets, parking areas or site boundaries, unless approved as part of a planned sign program. An attractive and artistic exposed neon sign is allowed.
12. Window signs, except as expressly permitted by this division, or as required by law, shall not exceed more than twenty-five (25) percent of the window area. The definition of window signs is any sign that is placed within four (4) feet of a window for the purposes of being able to view the sign from outside the business.
13. Signs which have less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by the laws of the State of North Carolina.
14. Painted-on-the-wall signs, signs constructed on cloth, canvas, fabric, cardboard, wall board, or other light flimsy material with or without frames.
15. Notices, placards, bills, posters, cards, stickers, banners, signs, advertisings, or other devices designed to attract the attention of the public that are posted or otherwise affixed upon any street, street furniture, right-of-way public sidewalk, crosswalk, curb, lamppost, hydrant, tree, alley, telephone pole, public telephone, vehicle, lighting system, or other public alarm or communication system.
16. Obscene or offensive signs containing statements, words or pictures of an obscene or indecent character which appeals to a prurient interest in sex, or which are patently offensive.
17. Portable signs, except moveable commercial A-frame, or easel type signs may be permitted for businesses to advertise menus, sale items, or other business promotions. These signs shall be designed to complement the decor of the business or building where they occur and shall comply with the following standards: One (1) moveable, freestanding sign shall be permitted for each business; all signs shall be located on private property and must allow sufficient access to doors/pathways and not impede pedestrian movement; all signs must be removed when business is closed. The maximum allowable size of the sign and supporting structure shall not exceed forty-eight (48) inches in height, thirty (30) inches in width and thirty-six (36) inches in depth. The maximum sign area shall not exceed ten (10) square feet. Signs shall not contain illumination.
18. Temporary "grand opening" signs are allowed no more than two (2) months.
19. Signs affixed to trees or other natural vegetation or rocks.
20. All roof signs and signs projecting above the roof-line.
21. Except in a state of emergency, any permitted or nonconforming sign or sign structure which has been damaged may be repaired and used as before, provided all repairs are initiated within thirty (30) days and completed within ninety (90) days of such damage.
22. Internally illuminated can signs with translucent copy and field, low luminance internally illuminated channel letter and halo signs (reverse channel letter signs are permitted). It is encouraged that all major business signs be externally illuminated. External illumination devices such as, but not limited to, flood or spot lights shall be so placed and so shielded as to prevent the rays of illumination from being cast upon neighboring buildings and/or vehicles approaching from either direction. No blinking illuminations shall be permitted.
    
23. Billboards are prohibited in any district.

(Ord. of 6-16-09)

Any repair to a nonconforming sign does not change the amortization schedule for bringing that particular sign into conformance. However, if the sign should be declared unsafe by the Town of Kure Beach Building Inspector, the owner of the sign or the owner of the property whereon the sign is located, shall immediately correct all unsafe conditions in a manner satisfactory to the Town of Kure Beach Building Inspector. For purposes of this section a nonconforming sign (or its structure) shall be considered destroyed, and therefore shall not be repaired or replaced except in full conformance with the sign code, if it receives damage to the extent of more than fifty (50) percent of its value as determined by the Town of Kure Beach Building Inspector. Signs destroyed by proven vandalism may be replaced, but may not be changed, altered, enlarged, from their original state. If damaged by less than fifty (50) percent of the estimated total replacement value, but repairs are not made within sixty (60) days of the time such damage occurs, the nonconforming sign shall not be allowed to continue and must be removed.

(Ord. of 3-15-11, # 5)

Illumination devices such as, but not limited to, flood or spot lights shall be placed and shielded to prevent the rays of illumination from being cast upon neighboring buildings, pedestrians in public rights-of-way, and/or vehicles approaching from either direction.

Temporary signs announcing an opening of a new business may be used one (1) time for a period of not longer than sixty (60) days.

(Ord. of 3-15-11, # 7)

Any sign located within the zoning jurisdiction of the Town of Kure Beach which on the date of the adoption of this article, or any amendment thereto, does not conform with the provisions of this article, or the amendment thereto, is eligible for characterization as a "legal nonconforming sign," if the sign was in compliance with applicable law on the date of the adoption of this article, or the applicable amendment thereto. A legal nonconforming sign shall immediately lose its legal nonconforming designation upon the happening of any of the following events:

1. It was determined that the sign was not permitted or in conformance with the applicable previous law when the sign was erected;
2. The sign is altered in any way in structure, which tends to make the sign less in compliance with the requirements of the article than it was before the alteration; or
3. The sign structure is relocated to a position making it less in compliance with the requirements of this article; or
4. The sign is replaced; or
5. Signs based upon the following amortization schedule:
   1. Temporary, sandwich board, movable freestanding, tire stacks, and wind signs: sixty (60) days after notification.
   2. Signs of less than one hundred dollars ($100.00) in valuation: sixty (60) days after notification.
   3. Signs painted on buildings, walls or fences: two (2) years after notification.
   4. All off-site advertising signs together with all other signs: twelve (12) years after notification.
   5. However, an owner or lessee having been authorized by the owner to act as agent may be granted, one (1) time only, an extension for nonconforming signs to exist beyond the statutory amortization period so long as it does not exceed three (3) years, and further provided that all of the following conditions are met:
      1. The lease was entered into prior to effective date of ordinance.
      2. Lease is duly executed and includes date and time stamp indicating it was recorded in the office of the Town of Kure Beach.
      3. The extension is granted personally to the petitioner only with no assignment right of any kind. On the happening of any of the above events, the sign shall be immediately brought into compliance with this article with a new permit secured therefore, or shall be removed.
6. After the automatic extension for property owners, property owners may petition the Town of Kure Beach Planning and Zoning Commission for a three-year extension to the prescribed amortization schedule. Applicants may appeal the decision of the planning and zoning commission to the Town of Kure Beach Council. After an extension has expired, property owners may apply for additional three-year extension. Extension from the prescribed amortization schedule of the ordinance may only be granted based on the evidence presented that all of the following standards have been met:
   1. There are practical difficulties or unnecessary hardships that will exist if the extension is not granted. The applicant must demonstrate that the alleged practical difficulty or hardship, or both, are exceptional and peculiar to the appellant's situation and result from conditions, which do not generally exist through the city. (In other words, what are the conditions or circumstances that prevent you from complying with the requirements of the sign ordinance?)
   2. The practical difficulty or hardship is not self-created. (In other words, explain whether or not some action on your part created a situation which now requires an extension from the sign ordinance.)
   3. The terms "practical difficulties" and "hardships" shall relate to the use of a particular parcel of land. "Practical difficulty" or "hardship" shall not be deemed solely economic, such as the cost of the sign, the size of the sign, or the fact that the sign has already been constructed. The fact that the sign is only available in standardized size and/or material (example: franchised business signs) shall not constitute a "practical difficulty" or "hardship." (In other words, what is the practical difficulty or hardship that results from the requirement of the sign ordinance?)
   4. The practical difficulty or hardship which is alleged to result from a failure to grant the extension must include substantially more than mere inconvenience or the mere inability to attain a higher financial return. (In other words, explain how the requirements of the sign ordinance will affect your business or use.)
   5. It must be demonstrated by the appellant that granting the extension will result in substantial justice being done, which consideration is given to the impacts on the public health, safety and welfare.
   6. The granting of the extension shall not impose a negative impact on the rights of others. (Explain how granting the extension may affect others nearby.)
   7. A prior extension does not constitute a basis for additional extension to the amortization schedule.

(Ord. of 3-15-11, # 9)

The following is a schedule of the sign regulations:

(Ord. of 11-16-10; Ord. of 3-15-11, # 10)

An inventory of illegal and abandoned signs may be undertaken by the code enforcement officer at any time. Every illegal or abandoned sign hereafter identified shall be deemed to constitute a public nuisance.

The code enforcement officer is authorized to abate all illegal or abandoned signs. Illegal signs posted in the public right-of-way or upon public property may be removed by the code enforcement officer or a town code enforcement officer. Said signs shall be retained at Town Hall for a period of not less than three (3) working days. Thereafter, any unclaimed signs may be discarded.

Should the town be required to remove any illegal or abandoned signs pursuant in the public right-of-way to this chapter, the reasonable cost of such removal shall be assessed against the owner of such sign. The cost of removal shall be fifty dollars ($50.00) per sign.

Any violation of the provisions of the Town of Kure Beach Sign Ordinance shall subject the offender to a civil penalty in the amount of fifty dollars ($50.00), which shall be due and payable within seventy-two (72) hours after the offender has been cited for violation of the ordinance. Each day's continuing violation shall be a separate and distinct offense. Failure to pay said civil penalty within the specified time shall constitute a misdemeanor. In addition, any civil penalty may be recovered by the town in a civil action in the nature of debt.

(Ord. of 3-15-11, # 11)

1. Real estate signs placed upon any property within the Town shall be limited to one (1) sign only. 
2. No real estate sign may be placed upon the right-of-way of the Town. 
3. For any violation of this Section, the Code Enforcement Officer is authorized to remove said sign and may issue a civil citation imposing a civil penalty in the amount set forth on the Town Fee Schedule.