Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated below when used in this article:

(1)

Sign: Any surface, fabric, or device bearing lettered, pictorial, or sculptured matter designed to convey information visually and exposed to public view; or any structure (including billboard or poster panel) designed to carry the above visual information.

(2)

Advertising sign: A sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered (i) only elsewhere than upon the premises where the sign is displayed, or (ii) is [as] a minor and incidental activity upon the premises where the sign is displayed.

(3)

Business sign: A sign which directs attention to a business, profession, or industry located upon the premises where the sign is displayed, to type of products sold, manufactured, or assembled, and/or to service or entertainment offered on said premises, but not a sign pertaining to the preceding if such activity is only minor and incidental to the principal use of the premises.

(4)

Freestanding sign: A sign that (i) is permanent, and (ii) is attached to, erected on, or supported by some structure such as a pole, mast, or frame that is not itself an integral part of a building or other structure having a principal function other than the support of a sign.

(5)

Off-premises sign: A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the premises on which the sign is located. The structure on which an advertising sign is displayed of type commonly known as a "billboard" is also an advertising sign.

(6)

Temporary sign: A sign that (i) is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or (ii) is intended to remain on the location where it is erected or placed for a period of generally not more than 15 days, or (iii) is displayed on a premises only during normal operating hours and then removed from that location. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

(7)

Wall sign: A sign attached or erected against the wall of a building or structure, only one side of which is visible.

(8)

Shingle sign: A small signboard hanging or protruding so that both sides are visible, which has no dimension more than two feet, which is no larger in area than three square feet. A shingle sign may be mounted as a wall sign so that only one side is visible.

Cross reference— Definitions generally, § 1-2.

(a)

Except as otherwise provided in sections 15-323 (Signs exempt from regulation) and 15-324 (Certain temporary signs: permit exceptions and additional regulations), no sign may be erected, moved, enlarged, or substantially altered except in accordance with the provisions of this section.

(b)

Signs not exempted under the provisions referenced in subsection (a) may be erected, moved, enlarged, or substantially altered only in accordance with a sign permit issued by the zoning administrator or his designee and a building permit issued by the chief building inspector or his designee.

(1)

Sign permit applications and sign permits shall be governed by the same provisions of this ordinance applicable to zoning permits.

(2)

In the case of a lot occupied or intended to be occupied by multiple business enterprises (e.g., a shopping center):

a.

Sign permits shall be issued in the name of the property owner rather than in the name of the individual business, and it shall be the responsibility of such owner to allocate among the tenants the permissible maximum sign surface area that has been approved by the zoning administrator.

b.

Upon application by such owner, the zoning administrator must approve a master sign plan that allocates permissible sign surface area to the various buildings or businesses within the development according to an agreed-upon formula, and thereafter sign permits may be issued to individual tenants by the zoning administrator or his designee only in accordance with the allocation contained in the master sign plan. In the event an owner is unwilling or unable to devise a master sign plan, such plan shall be developed by the zoning administrator using building frontage as a calculation for total sign surface area.

The following signs are exempt from regulation under this article except for the regulations embodied in subsection 15-333(b) through (e):

(1)

Signs not exceeding two square feet in area that are customarily associated with residential use and that are not of a commercial nature, such as signs giving property identification names or numbers or names of occupants, signs on mailboxes or paper tubes, and signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.

(2)

Signs erected by or on behalf of or pursuant to the authorization of a governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs.

(3)

Official signs of a informational nature erected by public utilities.

(4)

Flags, pennants, or insignia of any governmental or nonprofit organization when not displayed in connection with a commercial promotion or as an advertising device.

(5)

Signs directing and guiding traffic on private property that do not exceed two square feet each and that bear no advertising information.

(6)

Signs painted on or otherwise permanently attached to currently licensed motor vehicles that are not primarily used as signs.

(7)

Temporary help wanted signs, not to exceed six square feet in area, that do not contain the company's name or logo, unless located in a multi-tenant property, in which case no more than 30 percent of the sign area may be occupied by the company name or logo.

(Ord. No. 2002-58, § 1, 7-9-02)

(a)

The following temporary signs are permitted without a zoning, special use, or sign permit. However, such signs shall conform to the requirements set forth below as well as all other applicable requirements of this ordinance except those contained in sections 15-327 (Total sign surface area) and 15-329 (Number of freestanding signs).

(1)

Signs containing the message that the real estate on which the sign is located (including buildings) is for sale, lease, or rent, together with information identifying the owner or agent. Real estate signs advertising residential properties shall not exceed four square feet in area. Real estate signs advertising commercial or industrial property shall not exceed 32 square feet in area. All real estate signs shall be removed within ten days of sale, lease, or rental. For lots of five acres or more in area and abutting more than one public street, a single sign on each street frontage may be erected. Each sign shall not exceed the above-mentioned sign area.

(2)

Construction site identification signs. Such signs may identify the project, the owner or developer, architect, engineer, contractor, and subcontractors, [and] funding sources, and may contain related information. Not more than one such sign shall be erected per site, and it may not exceed 32 square feet in area. Such signs may be erected no more than 30 days prior to the issuance of a building permit and shall be removed within ten days after the issuance of the final occupancy permit.

(3)

Signs proclaiming religious or other noncommercial messages that do not exceed 16 square feet in area and that are not internally illuminated. Such signs shall be limited to one per abutting street.

(4)

Displays of a noncommercial nature, including lighting, erected in connection with the observance of holidays. Such signs shall be removed within ten days following the holiday or established holiday season.

(5)

Signs erected in connection with elections or political campaigns. Such signs shall be removed within three days following the election or conclusion of the campaign. No such sign may exceed 32 square feet in area.

(6)

Signs indicating that a special event such as a fair, carnival, circus, festival, or similar happening is to take place on the lot where the sign is located. Such signs may be erected no sooner than two weeks before the event and must be removed no later than three days after the event.

(b)

Temporary signs cannot be located within street rights-of-way or public property unless approved by the board of aldermen or its designee. Such signs include, but are not limited to, the following:

(a)

All signs listed in subsection (a) of this same section.

(b)

Signs made of paper, cloth, polyethylene film or other similar material, whether or not they include wood as a part of the structure.

(c)

Signs that are not permanently affixed to the ground or a building surface in a manner approved by the building inspector.

(d)

Trailer signs (includes such signs without trailer).

(e)

Portable signs.

(c)

Although temporary signs generally do not require a zoning permit, the following exceptions do apply:

(a)

Trailer signs. Trailer signs may only be used by new businesses. They cannot remain on a site in excess of 30 days nor be modified and used as permanent signage.

(b)

Portable sidewalk signs. Said signs cannot exceed a total sign surface area of six square feet, may be displayed only during normal operating hours of the business being advertised, and must be located within five feet of such commercial building. They must meet wind safety standards set by the city, and their placement upon a street right-of-way or public property must be approved by the board of aldermen or its designee. This section shall not apply to portable sidewalk signs authorized by Article XXI, Appendix E, Section (c)(5) of the Land Use Ordinance of the City of New Bern.

(c)

Miscellaneous. Banners, banner type signs, pennants, streamers, festoons of lights, flags, strings of twirlers or propellers, flares, balloons, and similar devices of a carnival nature may not be used in any one-year period for more than a total of 30 days. Said devices such as banners and banner type signs shall not exceed 32 square feet of sign surface area. In the event any of the aforementioned devices are used to announce the opening of a new business, such devices may remain on a site for an additional 30 days upon the opening of such business. In addition, balloons, blimps, and similar devices displayed at a height greater than 20 feet shall not exceed 36 square feet of surface area as seen at one time by a person from any vantage point. Surface area shall be computed based on the diameter of such advertising balloon or the length and width of such blimp. Said devices shall not exceed a display height of 50 feet and shall be limited to no more than one such device per development.

(Ord. No. 2001-20, § 1, 4-10-01; Ord. No. 2002-58, § 2, 7-9-02; Ord. No. 2002-72, § 1, 10-22-02; Ord. No. 16-047, § 69, 9-13-16)

(a)

For the purposes of determining the number of signs, a sign shall be considered to be any surface, fabric, or device bearing lettered, pictorial, or sculptured matter designed to convey information visually and exposed to public view; or any structure (including billboard or poster panel) designed to carry the above visual information. A sign contains an organized relationship of elements designed to convey information.

(b)

Without limiting the generality of subsection (a), a multisided sign shall be regarded as one sign as long as:

(1)

With respect to V-type signs, the two sides are at no point separated by a distance that exceeds five feet.

(2)

With respect to double-faced (back-to-back) signs, the distance between the backs of each face does not exceed two feet.

(a)

The surface area of a sign shall be computed by including the entire area that forms the extreme limits of the writing, representation, emblem, or other display, forming a square, rectangle, triangle, or circle as appropriate, together with any material or color forming an integral part of the background of the display used to differentiate the sign from the backdrop or structure against which it is placed. This does not include any supporting framework or bracing that is clearly incidental to the display itself.

(b)

If the sign consists of more than one section or module, all of the area, including that between sections or modules, shall be included in the computation of the sign area.

(c)

Unless otherwise provided for in section 15-325(b), the surface area of two-sided, multisided, or three-dimensional signs shall be computed by including the total of all sides designed either to attract attention or communicate information that can be seen at one time by a person from any vantage point. For example, with respect to a typical two-sided sign where a message is printed on both sides of a flat surface, the sign surface area of only one side (rather than the sum total of both sides) shall be regarded as the total sign surface area of that sign, since one can see only one side of the sign from any vantage point.

(a)

Unless otherwise provided in this article, the total surface area devoted to all signs on any lot shall not exceed the limitations set forth in this section. Temporary signs shall not be included in this calculation. Freestanding signs, while included in this calculation, are subject to maximum sizes as contained in section 15-328 (Freestanding sign surface area).

(b)

Unless otherwise provided in this article or in article XI (Supplementary Use Regulations), the maximum sign surface area permitted on any lot in a residential zoning district is two square feet.

(c)

Subject to the other provisions of this section, the maximum sign surface area permitted on any lot in an agricultural, residential, commercial, office and institutional, or industrial district as set forth in section 15-136, 15-137, 15-138, or 15-139 shall be determined as follows:

(1)

There may not be more than 0.5 square foot of sign surface area per linear foot of street frontage up to 200 feet of frontage.

(2)

There may be up to 0.25 square foot of additional sign surface area per linear foot of lot frontage in excess of 200 feet.

(d)

If a lot has frontage on more than one street, then the owner shall designate which street frontage constitutes the primary street frontage of the property and shall receive 100 percent of the allowable sign surface area for that street. For that street frontage that is deemed to be secondary, the owner shall receive up to 50 percent of the total sign surface area for that street frontage.

(e)

Whenever a lot is situated such that it has indirect street frontage by means of a private driveway providing public access to said lot from a public street, then the owner/developer of the lot shall be entitled to signage on said street frontage as if the lot directly abutted that public street. Frontage for such lots shall be determined by using the lot boundary line where the private driveway providing principal access is located, as well as any additional direct lot frontage that may exist. Indirect street frontage shall not be included as part of the total sign surface area calculation for lots that have direct frontage on the public street where the private driveway intersects.

(f)

In a commercial shopping center consisting of three or more units that share common party walls or of a building located in the city's central retail core (defined as the area encompassing those properties abutting the east side of Craven Street, the east side of Hancock Street, the north side of Tryon Palace Drive, and the north side of Broad Street), the developer or owner of the said shopping center or building may determine the sign surface area requirements by following the provisions outlined above in subsections (c) and (e) of this section concerning lot frontage or by using a building frontage calculation in which one square foot of signage is allowed for each square foot of tenant space or retail frontage.

(g)

The sign surface area of any sign located on a wall of a structure shall not exceed 25 percent of the total surface area of the wall of a building from end to end.

(Ord. No. 1994-62, § 1, 10-25-94)

(a)

For purposes of this section, a side of a freestanding sign is any plane or flat surface included in the calculation of the total sign surface area as provided in section 15-326. For example, wall signs typically have one side. Freestanding signs typically have two sides (back to back), although four-sided and other multisided signs are also common.

(b)

A single side of a freestanding sign may not exceed 0.5 square foot in surface area for every linear foot of street frontage along the street toward which such sign is primarily oriented. However, in no case may a single side of a freestanding sign exceed 50 square feet in surface area if the lot on which the sign is located has less than 200 feet of frontage on the street toward which that sign is primarily oriented, 75 square feet on lots with 200 or more but less than 400 feet of frontage, and 100 square feet on lots with 400 or more feet of frontage.

(c)

With respect to freestanding signs that have no discernible "sides," such as spheres or other shapes not composed of flat planes, no such freestanding sign may exceed 0.5 square foot in total surface area for every linear foot of street frontage along the street toward which such sign is primarily oriented. However, in no case may such sign exceed 100 square feet in surface area.

(d)

Notwithstanding section 15-333, the owner/developer of a nonresidential development located on a lot that has indirect street frontage by means of a private driveway providing public access to such lot from a public street shall be entitled to a freestanding sign bearing the name of the development and/or its tenants on said street frontage. Said sign shall be located either in the driveway access area or in a designated sign easement area immediately adjacent to the driveway. The freestanding sign shall not exceed a sign surface area of 100 square feet and shall be counted as part of the overall signage allotment for the development. (A sign easement area shall not be included as part of the lot frontage calculation, but shall remain a part of the lot frontage of the parcel out of which the sign easement area was created.) In no case shall the freestanding sign size exceed the total sign surface area permitted for that lot based on the calculations prescribed in section 15-327.

(e)

A ground sign is a freestanding sign attached to a permanently affixed, solid structural base or planter box designed consistent with the architectural features of the primary business, which base or box shall be no more narrow than the message portion of the sign. Ground signs do not include freestanding signs supported by poles. Total sign surface area (perimeter of message portion of sign) shall not exceed the limitations set forth in section 15-327. Provided, however, that in no case may the total sign surface area of a ground sign and its structural base exceed 65 square feet, or six feet in height if the lot on which the sign is located has less than 200 feet of frontage on the street toward which the sign is primarily oriented, 100 square feet, or eight feet in height on lots with at least 200 feet but less than 400 feet of frontage, and 125 square feet, or ten feet in height on lots of 400 feet or more of frontage. In no event shall the height of a ground sign exceed ten feet.

(Ord. No. 1994-62, § 2, 10-25-94; Ord. No. 2006-57, § 1, 9-26-06)

(a)

Except as authorized by this section, no development may have more than one freestanding sign.

(b)

If a development is located on a corner lot that has at least 200 feet of frontage on each of the two intersecting public streets, then the development may have not more than one freestanding sign on each side of the development bordered by such streets.

(c)

If a development is located on a lot that is bordered by two public streets that do not intersect at the lot's boundaries (double front lot), then the development may not have more than one freestanding sign on each side of the development bordered by such streets.

(a)

At any primary entrance to a subdivision or multifamily development that is approved for less than 400 dwelling units and/or home sites, there may be installed no more than one sign, not to exceed 50 square feet, identifying such subdivision or development. Secondary entrances to said subdivisions or multifamily developments may each have an identifying sign not to exceed 25 square feet.

(b)

Within any master planned development or multifamily development that is approved for between 400 and 749 dwelling units and/or home sites, there may be installed within the development two types of identification signs:

(1)

Development identification signs, and

(2)

Neighborhood identification signs.

The development identification signs may identify the entire development by name and/or symbol, and are limited to one at the primary entrance, not to exceed 75 square feet, and one at each secondary entrance, not to exceed 32 square feet each. Neighborhood identification signs, not to exceed ten square feet each, may identify a named neighborhood within the development, and are limited in total number to the number of intersections between streets within the named neighborhood and streets not within the named neighborhood.

(c)

Within any master planned development or multifamily development that is approved for more than 750 dwelling units and/or home sites, there may be installed within the development two types of identification signs:

(1)

Development identification signs, and

(2)

Neighborhood identification signs.

The development identification signs may identify the entire development by name and/or symbol, and are limited to one at the primary entrance, not to exceed 100 square feet, and one at each secondary entrance not to exceed 32 square feet each. Neighborhood identification signs, not to exceed ten square feet each, may identify a named neighborhood within the development, and are limited in total number to the number of intersections between streets within the named neighborhood and streets not within the named neighborhood.

(d)

All signs regulated by this section shall be installed in a professionally designed and maintained planting bed. A proposed planting plan shall be submitted for approval as part of the required sign permit application documents.

(Ord. No. 2007-32, § 1, 5-22-07)

(a)

No sign may extend above any parapet or be placed upon any roof surface, except that, for purposes of this section, roof surfaces constructed at an angle of 75 degrees or more from horizontal shall be regarded as wall space. This subsection shall not apply to displays, including lighting, erected in connection with the observance of holidays on the roofs of residential structures.

(b)

No sign or supporting structure may be located in the traveled portion of any public right-of-way unless the sign is attached to a structural element of a building and an encroachment permit has been obtained from the city (and from the state, if necessary).

(c)

No part of a freestanding sign may exceed a height of 20 feet, measured from the grade of the street from which access to the property is provided.

(d)

Freestanding signs may be located within a C-5A office and institutional district (historical), provided said signs do not exceed a height of ten feet and do not exceed a total sign surface area of 16 square feet. Additionally, freestanding signs located in a C-5A district shall maintain a minimum three-foot setback from the public sidewalk, measured from the nearest part of the sign to the said public sidewalk.

(a)

Unless otherwise prohibited by this ordinance, signs may be illuminated if such illumination is in accordance with this section.

(b)

Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into a public right-of-way or residential premises. The reflection from such signs shall not exceed 25 percent of the lumens directed toward the sign measured from the property line of the lot upon which the sign is located.

(c)

Internally illuminated freestanding signs may not be illuminated in excess of one hour prior to or following the normal operating hours of the business or enterprise.

(d)

Subject to subsection (f), festoons of lights that outline property lines, sales areas, rooflines, doors, windows, or similar areas are prohibited.

(e)

Subject to subsection (f), no sign may contain, or be illuminated by flashing lights or lights of changing degrees of intensity, except:

(1)

Signs indicating the time, date, and weather conditions.

(2)

Electronically illuminated signs that contain a fixed message or screen that changes no more than once every fifteen (15) minutes. In addition, no more than fifty (50) percent of the maximum allowable sign area of any free-standing or wall sign may be designated as an electronic illuminated sign, up to a maximum sign area of fifty (50) square feet. All such signs shall be reviewed and approved by the zoning administrator prior to installation consistent with the requirements of this article.

(f)

Subsections (d) and (e) do not apply to temporary signs erected in connection with the observance of holidays.

(Ord. No. 2003-87, § 1, 12-16-03; Ord. No. 2006-2, § 1, 1-24-06)

(a)

No off-premises signs may be located within 2,000 feet of any residential district; provided, however, said off-premises sign that is directional in nature may be allowed within 2,000 feet of any residential district when associated with a nonresidential development that (i) is situated such that the development has no street frontage on a primary collector street or arterial street and (ii) is located within 1,000 feet of the location of the off-premises sign. Said nonresidential development shall be limited to one off-premises sign that shall not exceed a sign surface area of 24 square feet and a height of 20 feet. Said off-premises sign shall be calculated as part of the overall sign surface area for the development. The property on which the off-premises sign is located shall not be used in determining the overall lot frontage. In addition, no off-premises sign may be located within 1,000 feet of any other off-premises sign. In the case where a nonresidential development has street frontage on a primary collector or arterial street and desires off-premises signage on a second primary collector or arterial street that is within 500 feet of the development, said off-premises sign may be erected off-premises under the restrictions enumerated in this paragraph. In such cases, however, the overall signage for the development as determined by the lot frontage calculation detailed in section 15-327 shall be reduced by 30 percent.

(b)

No sign may be located so that it substantially interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets or private roads.

(c)

All signs must be constructed and erected in accordance with the Southern Building Code and its related North Carolina building code amendments.

(d)

No sign may be erected on city-maintained or private rights-of-way so that by its location, color, size, shape, nature, or message it would tend to obstruct the view of or be confused with official traffic signs or other signs erected by governmental agencies.

(e)

Freestanding signs shall be securely fastened to the ground or to some other substantial supportive structure so that there is virtually no danger that either the sign or the supportive structure may be moved by the wind or other forces of nature and cause injury to persons or property.

(f)

Outdoor advertising signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electrical Code; provided that in no case shall an outdoor advertising sign be erected closer than ten feet horizontally or vertically from any conductor or public utility guy wire.

(g)

Whenever an outdoor advertising sign or structure becomes structurally unsafe, the building inspector shall give written notice to the owner of the sign, or the owner of the premises on which the sign is located, that such sign shall be made safe or removed within ten days of said notification. Further, whenever an outdoor advertising structure has outlived any useful purpose for which it was intended, it shall be removed forthwith.

The New Bern freeway sign corridor overlay district is hereby established as a district which overlays existing zoning districts, the extent and boundaries of which are as indicated on the official zoning map for the City of New Bern. The boundaries of the New Bern freeway sign corridor overlay district are located 100 feet from, and parallel to each respective right-of-way boundary along the US Highway 70 Bypass beginning 1,500 feet west of the centerline intersection of NC Highway 43 Connector and ending 1,500 feet east of the centerline intersection of Dr. Martin Luther King Jr. Boulevard. The boundaries are further shown on the official zoning map, and more specifically identified on the plat entitled "Freeway Sign Corridor Overlay District Boundary," prepared by the development services department of the City of New Bern, bearing date January 17, 2013, a copy of which is on file in the office of the director of development services of the City of New Bern.

(Ord. No. 13-183, § 1, 1-22-13)

The creation of the freeway sign corridor overlay district in no way affects the permitted uses established for each of the several zoning classifications found in the land use ordinance of the City of New Bern.

(Ord. No. 13-183, § 2, 1-22-13)

(a)

Subject to the provisions of this article, and in addition to the number of freestanding signs allowed by section 15-329, major commercial developments located in the freeway sign corridor overlay district and meeting the following criteria may erect, pursuant to a special use permit, one (1) additional freestanding sign not to exceed the following heights and sign surface areas:

(1)

Major commercial developments with at least 500 linear feet and no more than 1,000 linear feet of highway frontage within the freeway sign corridor overlay district and containing more than 10 acres but less than 20 acres may install within 50 feet of the US Highway 70 Bypass right-of-way one (1) additional on-premises freestanding sign not to exceed 125 square feet and 20 feet in height to identify such development.

(2)

Major commercial developments with more than 1,000 linear feet of highway frontage within the freeway sign corridor overlay district and containing 20 acres or more may install within 100 feet of the US Highway 70 Bypass right-of-way one (1) additional on-premises freestanding sign not to exceed 200 square feet and 30 feet in height to identify such development.

(b)

Freestanding sign height shall be measured perpendicular from any part of the freestanding sign, including the supporting structure, to the street centerline elevation of its adjacent road frontage on US Highway 70.

(c)

For purposes of this section 15-336, the term "major commercial development" is defined as a master planned and designed regional commercial development consisting of at least four business enterprises that share common walls, parking, traffic circulation, design standards, and property management.

(Ord. No. 13-183, § 3, 1-22-13)