The purpose of this Chapter is to permit signs within the Town of Maggie Valley and its extraterritorial jurisdiction (ETJ) that will promote the overall public health, safety, and general welfare, as well as contribute to the tourism economy pf Maggie Valley. It is also the intent of this Chapter to prohibit signs that result in visual blight, unattractiveness, and traffic safety hazards. The standards found in this Chapter will permit and regulate signs in such a way as to support and complement the land use objectives and design standards for the Town of Maggie Valley.

Except as otherwise provided in this chapter, it shall be unlawful to construct, enlarge, move or replace any sign, or cause the same, without first obtaining a sign permit for such sign from the Town of Maggie Valley. Notwithstanding the above, changing or replacing the permanent copy on an existing lawful sign shall not require a permit, provided the change does not alter the nature of the sign so as to cause a violation of the requirements this chapter.

The following provisions shall apply to all signs:

1. Construction Standards. All signs shall be constructed and installed in accordance with the applicable provisions of the North Carolina State Building Code. All signs, permanent, temporary, or portable, shall be designed and constructed with a professional appearance using substrates, lettering, and graphics standard to and commonly used in the sign industry. Additionally, all new signs shall be constructed and installed in accordance with the Town of Maggie Valley Appearance Standards for commercial developments.
2. Electrical Standards. All illuminated signs shall be installed in accordance with the applicable provisions of the North Carolina State Electrical Code and all detached signs shall be illuminated by an underground electrical source.
3. Maintenance. All signs shall be maintained in good structural and aesthetic condition. All signs, together with any supports, braces, guys, and anchors, shall be kept in repair and in a safe condition. Deteriorating or dilapidated signs shall be removed by the owner, or by the town at the sign owner’s expense, after receiving proper notice. A sign shall be considered to be in a state of disrepair when more than twenty percent (20%) of its total surface area is disfigured, cracked, ripped, or peeling paint or poster paper, or any combination of these conditions. Any sign in a state of disrepair shall be in violation of this chapter. No sign shall be allowed to exist with bent or broken sign facing, broken supports, loose appendages, or struts which cause the sign to stand more than fifteen (15) degrees from perpendicular. No sign or sign structure shall be allowed to have weeds, vines, or other vegetation growing on it or obscuring it from view. Any sign (together with its supporting structure) now or hereafter existing, which 30 days or more after the premises have been vacated, advertises an activity, business, product, or service no longer produced or conducted upon the premises upon which the sign is located shall have the lettering removed, painted over, or covered by a non-lettered wrap whose sole purpose is to cover and obscure any sign or sign message or content. The sign owner is responsible for maintenance of any wrap. This provision shall not apply to permanent signs used for businesses which are open only on a seasonal basis.
4. Content. Content and message, commercial or non-commercial, is not regulated by this Chapter. Notwithstanding any other provisions of this chapter, any sign, display, or device allowed under this chapter may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with size, lighting, height, and other requirements of the district in which it is located.
5. Obstructions. No sign shall be erected, constructed, or maintained so as to obstruct motorists’ vision, clear sight triangles or distances along any public street or public road, or at any intersection or junction or 2 or more traffic arteries.
6. Setbacks. Except as specifically authorized herein, all detached signs shall be placed outside the state (NCDOT) road right-of-way. No signs of any nature shall be permitted on any public right-of-way except those erected for orderly traffic control, and other municipal and governmental purposes, or directional signs of 6 square feet or less and referring only to organizations, which are nonprofit in character, or to construction projects in progress.
7. Attached Signs. No attached sign shall be allowed to extend over any public walkway or sidewalk. No attached sign shall be allowed to extend above the roofline of any building.

Principal Use

Hanging Sign

Attached Sign

Banner Sign

Temporary Signs

Roof signs, pennants, and window signs

To calculate the area of any sign, measurements of the height and width of the signage, as defined herein, are multiplied to determine square footage. Additional advertisement areas such as programmable LED displays, marquees, or reader boards are included within the total sign area calculation, using the prescribed method.

1. The surface area of a sign shall be measured to include the entire area within that of the smallest rectangle, triangle, or circle which encompasses all of the display area of the sign and including all of the elements displayed such as lettering, design, symbols, and background. Frames and structure members not bearing advertising matter shall not be included in computation of surface area.
2. Any such measurements shall be taken on one face of the sign; however, informational advertising matter may be displayed on both sides of any permitted sign. All double face sign surface areas shall be parallel and may be separated by not more than twelve (12) inches. When a sign consists of letters placed directly on a wall, building surface, awning or marquee, or against open air (as when raised above a marquee), there being no background to the letters save the wall or surface itself, the area of the sign shall be that of the smallest rectangle, triangle, or circle within which all of the lettering can be included.
   
   Logos, Emblems, and Decals
   
   Non-Rectangular Signage
   

   
   The total area of logos, emblems, decals and non-rectangular shapes is calculated by measuring the closest fitting rectangle to the shape of the sign.
   

3. Height. No unattached (freestanding detached) signs shall exceed a height of twenty (20) feet as measured from the curb line on the nearest roadway. All unattached signs having a setback of less than twelve (12) feet from the curb line shall have a minimum ground clearance of six (6) feet (except entrance and exit signs); however, a solid base shall be allowed to a height of two (2) feet above the curb line. Entrance and exit signs shall not exceed a maximum height of three (3) feet as measured from the curb grade at the nearest roadway.

The following signs are exempt from the regulations of this chapter, except when prohibited under Section 157.09: Prohibited Signs.

1. Signs not visible from beyond the boundaries of the property on which they are located;
2. Governmental signs and devices, including traffic warning or regulatory messages;
3. Trade names and graphics which are located on gas pumps, newspaper dispensers, soft drink machines, and similar automated vending devices;
4. Flags or insignia of any governmental, nonprofit, or business organization;
5. Seasonal/holiday signs and decorations associated with a national or religious holiday;
6. “Warning of danger” signs posted by utility or construction companies;
7. Signs on vehicles indicating the name of a business, unless the primary use of the vehicle is for advertising or the display of signs. Vehicles may not park on state or private property for displaying purposes only. All vehicles must be registered, licensed, and have a current inspection;
8. Non-advertising decorative flags or devices that are no larger than eight (8) square feet per side;
9. Signs required by law, statute, or ordinance;
10. “No trespassing,” “no loitering,” and similar private warning signs;
11. Incidental signs;
12. Commemorative signs that have been approved by the Board of Aldermen.

Signs meeting the requirements of this section do not require a permit issued by the Town of Maggie Valley. The lack of a permit requirement, does not preclude enforcement of any dimensional, locational, or other specific signage requirements contained herein.

1. Signs painted on or displayed in windows, if the total advertisement area is less than forty (40) percent of the window surface;
2. Professional signs in residentially zoned areas announcing professions, businesses, or home occupations. These signs shall not exceed four (4) square feet per side and shall not be illuminated;
3. “For Sale” or “For Rent” signs pertaining to real estate offered for sale or rent. These signs shall not exceed eight (8) square feet per side and shall not be illuminated. There shall be a limit of one (1) such sign for each lot. Any tract of land with three (3) or more acres, or 500 feet or more of road frontage will be allowed one (1) sign not to exceed sixteen (16) square feet per side. All signs shall be removed within five (5) days from the rental or sale of the property;
4. Church bulletin boards and identification signs, whether lighted or unlighted. There shall be a limit of one (1) sign for each lot;
5. Signs advertising agricultural products produced on the premises, not exceeding eight (8) square feet per side. There shall be a limit of one (1) sign for each lot;
6. Off premise directional or informational signs of public, civic, and nonprofit organizations;
7. Historical markers erected by a bona fide historical association. Said signs shall be limited to eight (8) square feet per side;
8. Construction signs pertaining to and during the construction or repair of property on which they are located. Said signs shall be removed prior to completion of the project and may not be erected prior to issuance of a building permit. The signs shall be limited to eight (8) square feet per side;
9. Any non-commercial sign, display, or device that does not direct attention to a business operated for profit, or to a commodity or service for sale.
10. Banners and signs may be used for special events provided that the event is recognized by the Board of Aldermen and is to be held at the Town’s festival grounds. Special event banners and signs shall be used for no longer than fourteen (14) days prior to the event and no longer than two (2) days after the event.
11. Political signs.
    1. Political signs may be displayed during a period beginning 30 days prior to the beginning date of "one-stop" early voting under N.C. Gen. Stat. Sec.163-227.2, and concluding 10 days after the primary or election day immediately following.
    2. No sign shall be permitted in the right-of-way of a fully controlled access highway.
    3. No sign shall be closer than three (3) feet from the edge of pavement of the road.
    4. No sign shall obscure motorist visibility at an intersection.
    5. No sign shall be higher than 42 inches above the edge of pavement of the closest road.
    6. No sign shall be larger than 16 square feet.
    7. No sign shall be attached to a utility pole.
    8. No sign shall be permitted on or attached to Town and or State property.
    9. Political signs may only be located on private property with the permission of the property owner. When located in the public right-of-way in front of residences, businesses, or religious institutions, the permission of the property owner shall be obtained.
    10. Political signs may not be illuminated.

Maximum signage area, height, and numbers of signs.

1. Principal use identification signs. The total sign area which is allotted to a principal use identification sign shall not exceed a total of 250 square feet. Only one (1) such sign may be constructed on a lot. No principal use identification sign shall have an area of more than 125 square feet per side.
   
   No banners, pennants, or balloons may cover or be attached to a principal use identification sign. Banners, pennants, or balloons may not be used as permanent signs.
2. Attached Signs. An area of no more than 125 square feet shall be allowed for attached signs.
3. Reader board signs. Provided that the message or information presented does not flash, reader board signs are permitted. These signs shall be included in the allotted 250 square feet of surface area for principal use and/or attached signage.
4. Programmable LED Signs. LED signs are allowed provided that the words or symbols displayed may change, scroll, or alternate but shall not flash. These signs shall be included in the allotted 250 square feet of surface area for principal use and/or attached signage.
5. Entrance, exit, and parking signs. Said signs shall have a maximum size of eight (8) square feet per side. All such signs shall be limited to the wording “entrance,” “exit,” or “parking.” Only one (1) sign shall be allowed for each exit or entrance. Entrance, exit, and parking signs may include the business name.
6. Residential developments. Residential developments, subdivisions, cluster developments, manufactured home parks and all permitted nonresidential uses located in residential districts shall be allowed one (1) attached sign not to exceed 12 square feet in area and one (1) freestanding sign per street frontage not to exceed sixteen (16) square feet per side and eight (8) feet in height. A freestanding sign shall have a setback of no less than 10 feet from the street right-of-way or 15 feet from the traveled portion of a street where the right-of-way does not exist or cannot be determined. Signs in this category may be illuminated. If a sign is located on a major thoroughfare (US-19 or US-276) then an identical double-sided sign shall be allowed that does not exceed thirty-two (32 square) feet on each side. One-sided signs on major thoroughfares shall not exceed 32 square feet.
7. Unified business development signs. In addition to the other regulations of this chapter, the following regulations shall apply on property which is defined as a unified business development.
   
   A maximum of fifty (50) square feet shall be permitted for attached signage for each individual business within a unified business development.
   
   In addition to signs permitted for individual stores or business establishments within a unified business development, there shall be no more than one (1) general unattached principal use sign whose area shall not exceed 150 square feet per side.
8. Portable signs. A portable sign shall not be displayed more than sixty (60) days for any newly opened business, or while awaiting the installation of a permanent free standing principal use identification sign. If any principal use sign has been destroyed by storm, accident, or other cause, a portable sign shall not be displayed more than sixty (60) days while awaiting the installation of a replacement sign.
9. Banners and temporary signs. Banners and temporary signs for commercial businesses are allowed by permit only. The sign area for banners and temporary signs shall not exceed twenty-four (24) square feet per side. No more than eight (8) permits, each having a duration of ten (10) days, shall be issued for the same location for any 12 month period. Businesses may display only one (1) banner or temporary sign per permit issued.
10. Regional amusement attractions and public regional facilities. The Board of Aldermen may approve signage for regional amusement attractions and public regional facilities which serve the greater residential area and/or the tourist population, which exceeds the Town’s standard sign development provisions. The purpose of this exception is to allow major amusement attractions or public facilities, which serve a regional market, increased flexibility with regard to signage necessary to effectively implement their business.
    
    The signage for regional amusement attractions and public regional facilities shall be approved by the Board of Aldermen for all on-site signage. Off-premise signage only applies to existing rental signs and properties that are located within the Town’s jurisdiction.
    
    Minimum criteria.
    1. Must be a regional amusement attraction or public regional facility.
    2. Must have a projected minimum of 125,000 visitors annually, of whom pay admission fees.
    3. The signage shall not have a negative impact on surrounding land uses.
    4. The signage fosters the public health, safety, and welfare of the community by promoting safe and efficient public access to the regional public facility.

The following signs shall not be permitted, erected, or maintained in the Town of Maggie Valley:

1. Mechanical outdoor advertising devices such as inflatable signs or any other air supported devices;
2. Signs which incorporate or emit any sounds which are intended to attract attention;
3. No flashing signs or signs with flashing lights, shall be erected after the effective date of this chapter;
4. A sign that was not erected in conformity with the building codes of the state of North Carolina;
5. A sign that creates, in any way, an unsafe distraction for motor vehicle operators, namely feather or advertisement flag;
6. A sign that obstructs the view of motor vehicle operators entering a public roadway from the parking area, serving drive, private driveway, alley, or other thoroughfare;
7. Any sign which obstructs free ingress to or from a required door, window, fire escape, or other required exit way;
8. Any “A-Frame” or sandwich board signs which are placed on or near sidewalks or roadside curbs. This category shall be interpreted to include A-Frame signs which indicate prices of commodities or services, or specific products or services offered on the site;
9. Any nongovernmental sign, whether temporary or permanent, within any public street or highway right-of-way;
10. Human signs, as defined herein, with the exception for those used in conjunction with a public, civic, or nonprofit event;
11. Off-premise signs, including real estate directional signs, are prohibited in the jurisdiction of the Town of Maggie Valley; however, any business within the corporate limits of the Town of Maggie Valley that does not front Highway US-19 shall be permitted one (1) principal use identification sign that may be located off premise, along with one (1) on premise principal use sign. Permitted signs may not exceed 125 square feet per side. All signage shall comply with the North Carolina Department of Transportation’s off-premises sign requirements. All new signs must be permitted through the Department of Transportation, the Town of Maggie Valley, and the owner of property on which the sign is placed.

A. Except as provided by state law, no changes shall be allowed as to the shape or size of the total sign structure of any nonconforming sign. Changes in coloring, lettering, or information conveyed shall be permitted.

B. Nonconforming signs, other than those described in Section 157.06, shall be considered nonconforming uses.

All persons, firms, or corporations applying for a sign permit shall complete an application provided by the Town and pay a fee as determined by the Maggie Valley Board of Aldermen. A sketch drawn to scale, including the dimensions of the sign, shall be submitted along with the application and fee. If different than the applicant, written permission from the property owner shall be provided.