In adopting this article, the city council makes findings and states its purposes and intent as follows:

a.

The purpose of this article is to provide comprehensive regulations for signage within the City of North Charleston that will eliminate confusing, distracting and unsafe signs, assure the efficient transfer of information; and enhance the visual environment of the City of North Charleston and enhance traffic safety. It is declared that the regulation of signs within the City of North Charleston is necessary and in the public interest.

b.

A complete ban on billboards, leaving open the possibility of relocation of existing billboards, will foster overall improvement to the aesthetic and visual appearance of the city, preserve and open up areas for beautification on property adjoining the public roadways, reduce visual clutter, enhance the City of North Charleston as an attractive place to live and work, reduce blighting influences, and improve traffic safety by reducing driver distractions.

c.

The most direct and perhaps the only effective approach to dealing with the issues created by signage within the city is to regulate signs in the manner set forth within this article. These regulations reflect the necessity of compromise in order to strike the most appropriate balance of competing interests.

d.

Billboards and other signs visible from roadways are often intended to, and do, divert a driver's attention from the roadway. Pleasurable views exist that can be enjoyed from roadways. The presence of signs in general, and billboards in particular, diminishes these views and diminishes the public's experience in traversing the city's roadways.

e.

Signs are important to those who wish to communicate ideas and messages, and to those who use such information.

f.

If left unregulated, signs would likely proliferate and develop in such a way as to visually blight the community and create eyesores.

g.

Rather than banning all signs visible from roadways, city council enacts these regulations to strike the most efficient and desirable balance of the competing interests.

h.

To preserve and protect the quiet and relaxing atmosphere of residential neighborhoods, commercial elements should be highly restricted in such areas. In contrast, in business and industrial zones, it is appropriate to allow signs which serve the communication needs appropriate to such areas, so as to protect and preserve their vital character. The regulations of this article are intended to accomplish these goals.

i.

Certain signs are required by law, such as traffic control signs, informational signs on governmental buildings and public transportation facilities, and legally required notices. This article allows such signs to perform their necessary functions.

j.

To concurrent regulation by the city and by other governmental units; in such situations, the city regulates within its sphere and does not interfere with the proper jurisdiction of over governmental units.

k.

Emergency responders (i.e., police, fire, ambulance, poison/animal control) need street numbering/address/identification signs to locate persons and buildings needing services. Similarly, the ability to readily identify curb cuts and to designate traffic flow within parking lots and other areas is essential for community safety. This article allows such signs.

l.

Signs greater than thirty-two (32) square feet in area are building structures and could pose a risk to public safety if they were to collapse or fall. The cost (both in dollars and in limitations on communication) of simple regulatory safeguards, such as building plan review, required fallzones, and required setbacks is minimal. Council thus finds it appropriate to employ such methods to protect the public.

m.

Without some form of tracking system to monitor temporary signs, the enforcement of the temporary sign rules would likely be administratively burdensome. Temporary signs of less than nine (9) square feet pose de minimis concerns. However, people posting larger temporary signs should register the signs with the city so as to facilitate city monitoring of the permitted display period(s) associated with such signs. Any minor inconvenience associated with the registration of large temporary signs is more than offset by the public benefit of improved regulatory enforcement.

n.

Some streets within North Charleston have historically been relatively free of billboards, thus preserving certain pleasurable vistas. Some roadways, due to the presence of non-sign-based distractions, complexity, or other unique attributes may be less appropriate for signs than other roads within the city. This article strikes a balance of these interests by allowing signs on certain roadways and by limiting the size, number, or presence of signs.

o.

Council finds that enforcement of amortization schemes to remove non-conforming signs can be time consuming and a burden on governmental resources, particularly if not undertaken in a step-wise fashion. Accordingly, the council finds it appropriate to proceed in a step-wise fashion in the manner set forth in section 8-11. The categories of signs selected initially for amortization were selected based upon the council's assessment of the relative benefit from removal of such sign types, and based on council's assessment of the expected amortization enforcement costs (individually and in the aggregate) associated with these sign types.

p.

The statements in this section merely summarize the council's findings, purposes, intent and rationales, and are not a verbatim recitation of them. This summary is not intended to be exhaustive or exclusive.

(Ord. No. 2005-59, § I, 10-13-05)

The principles, policies, rules and regulations stated in this section (the "basic principles") apply to all signs within the regulatory scope of this article and to all provisions of this article, and override more specific provisions to the contrary.

a.

Regulatory scope. This article regulates signs, as defined herein, which are located on private property or on public property owned or controlled by public entities over which the City of North Charleston has land use regulatory authority. The city's policies for private party display of signs on city property are stated in another article.

b.

Administration authority. The director is authorized and assigned the duty of enforcing all provisions of this article.

c.

Compliance and permits. No person shall construct, erect, place, display or maintain any sign in violation of this article. To ensure compliance with this article, a sign permit shall be required for all signs, except as provided herein.

d.

Administrative interpretations. All interpretations of this article are to be exercised in light of the city's message neutrality and message substitution policies stated in this section. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this article, or whenever a sign does not qualify as a "structure" as defined in the building code, then the director shall approve, conditionally approve, deny, or disapprove the application based on the most similar sign type, using physical and structural similarity, that is expressly regulated by this article.

e.

Message neutrality. It is the city's policy and intent to regulate signs in a manner which is consistent with the speech freedoms of both the United States and South Carolina constitutions, as construed by the courts. The director shall seek the input and advice of the city attorney regarding court decisions for guidance in interpreting and applying this article.

f.

Message substitution. Subject to the property owner's consent, any noncommercial message may be substituted, in whole or in part, for any allowed commercial message or any noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. The purpose of this provision is to prevent any favoring of commercial speech over non-commercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel; does not create a right to substitute an off-site commercial message in place of an on-site commercial message or a non-commercial message; does not affect the requirement that a sign structure or mounting device be properly permitted; and does not authorize changing the physical method of message display without a permit.

g.

Purpose of permitting. All permitting and approval processes required by this article are intended to ensure compliance with this article and various safety codes, as well as to prevent the loss of time, effort, materials and investment which might otherwise be invested in an illegal sign.

h.

Non-communicative aspects of signs. All rules and regulations concerning the non-communicative aspects of signs including, but not limited to, location, size, allowable area, height, illumination, spacing between signs, orientation and density, are enforceable independently of any permit or approval process. Any sign which is constructed in violation of the regulations and rules concerning the non-communicative aspects of signs cannot be legalized by the passage of time, regardless of what messages may or may not be displayed on such signs.

i.

Billboard policy. It is the policy of the city to completely prohibit the construction, erection, or use of any and all new or additional billboards (as defined herein), other than those which legally exist in the city, or for which a valid permit has been issued and has not expired, as of the date on which this provision, or when a prior version of this article containing this same provision, was adopted. In approving this article, the city council affirmatively declares that its billboard policy is a fundamental land use policy, and that it would have adopted this billboard policy even if it were the only provision in this article. The city council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this article may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does not prohibit agreements to relocate presently existing billboards to a location within one of the billboard plazas identified herein.

j.

Property owner's consent. No sign may be displayed on private property or other regulated land without the property owner's consent.

k.

Sign related rights and duties. Sign related rights and duties apply to specific uses at specific locations and cannot be transferred from one location to another. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this article or other law), or the ownership of sign structures.

l.

Master sign program/precise plans. Master sign programs for specific developments, planned developments, specific plans, and precise plans, as well as special sign districts or sign-related overlays, when duly approved by the city, may modify the rules stated in this article only as to the non-communicative aspects of signs, but may not override or modify any of the basic principles stated in this section. All of the provisions of this section shall automatically apply to and be deemed a part of any master sign program, precise plan, sign district or sign-related overlay zoning which is approved after the date on which this provision, or a prior version of this article containing the same provision, was adopted.

m.

Mixed use zoning districts. For purposes of this article in zoning districts allowing both residential and nonresidential uses, all legal residential uses shall be treated as if they were located in a residential district which would allow a residential unit of the same type (i.e., single family residence and/or multifamily residence), and all legal nonresidential uses shall be treated as if they were located in a nonresidential district allowing nonresidential uses of the same type.

n.

Severance. If any provision of this article or the application thereof is held by a court of competent jurisdiction to be invalid or unenforceable, such invalidity shall not affect any other provision or application of this article that can be given effect without the invalid provision or application and, to this end, all of the provisions of this article are severable.

(Ord. No. 2005-59, § I, 10-13-05)

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Abandoned sign: A sign which no longer correctly directs attention to, or exhorts any person, advertises a current message or a bona fide business, lessor, owner, product or activity conducted or product available.

Accessory use: A use subordinate to the principal use on the same parcel, site or building and serving a purpose customarily incidental to the principal use.

Billboard: a sign which meets any of the following criteria:

(1)

A permanent structure sign, with a display face exceeding thirty-two (32) square feet, which is used for the display of offsite commercial messages;

(2)

A permanent structure sign, with a display face exceeding thirty-two (32) square feet, which constitutes a separate or secondary use, as opposed to an accessory use, of the parcel on which it is located;

(3)

An outdoor sign with a display face greater than thirty-two (32) square feet on which display space is made available to parties, other than the owner or operator of the sign or occupant of the parcel, in exchange for a rent, fee or other consideration; or

(4)

A sign, with a display face exceeding thirty-two (32) square feet, which is used for general advertising purposes.

BOZA: City of North Charleston Board of Zoning Appeals.

Changing image sign: A sign on which the graphic image or display copy regularly changes. Examples include multi-prism displays and automated video displays.

Commercial mascot: A person or animal dressed or decorated with commercial costuming or imagery and used for commercial promotion purposes. Sign spinners, sign clowns, sign twirlers and persons or animals holding or personally attending commercial message signs are included within this definition.

Commercial message: A message on a sign that identifies, advertises, or attracts attention to an establishment, product, service, or activity, or that concerns the economic interests of the sign sponsor or audience, or which proposes an economic transaction. This definition is to be interpreted in light of relevant court decisions.

Construction sign: A sign displayed on the site of a construction development project during the period of time which commences when the last necessary permit is issued and continues until the issuance of the earliest of a certificate or notice of completion, final inspection or certificate of occupancy, or the functional equivalent of any of them.

Designation sign: A ground or wall sign which identifies a building, multi-use development, governmental or institutional facility or retail center.

Director: The zoning administrator or designee.

Directional or instructional sign: A sign which provides instruction or direction information, such as identifying restrooms, public telephones, walkways, direction to parking lot entrances and exits.

District: An area designated on the city zoning map that is subject to zoning rules. See zoning district.

Drive-through service sign: A sign mounted on the premises of an establishment which provides goods or services to customers or clients while they are in their vehicles, and which is a part of such drive-through service.

Establishment: Any non-residential, legal use of land which involves the use of structures subject to the building code and the presence of human beings on the premises. By way of example and not limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices and libraries but does not include single family homes, mobile family homes, residential apartments, residential care facilities, residential condominiums or industrial or utility facilities which are usually unattended.

Flashing sign: Any sign which uses an intermittent or flashing light by means of animation, or an externally mounted intermittent light source which varies in intensity so as to produce a flashing image.

Freestanding sign. A sign supported by one or more uprights, posts, or bases placed upon or affixed in the ground and not attached to any part of a building. There are two (2) main types: monument and pole.

Gateway style sign pairs: A type of freestanding or wall-mounted on-site announcement sign positioned at one or both sides of the primary entrance/exit of a commercial or industrial park or residential development.

General advertising: The business of promoting other businesses or causes using methods of advertising, in contrast to self-promotion or onsite advertising. As to signs, the sign owner makes display space available to other parties in exchange for a fee or other consideration.

Ground sign: a low-profile freestanding sign erected with its base on the ground. Also known as monument sign.

Industrial center: A group of industrial uses served by common parking facilities which are either (a) linked by a common plan/design between buildings; or (b) contained within a single building; regardless of common or separate ownership of parcels, buildings, or floorspace.

Inlaid signs or tablets: A sign face cut into any masonry surface or inlaid so as to be part of the building.

Interim sign: A sign installed and displayed in lieu of permanent signage, during the time period that permanent signage is being designed, constructed, installed and inspected.

Interior sign: A sign located inside of a building and principally intended to convey information to those within the building envelope.

Nameplate: A sign which identifies the name and/or address of a building, establishment or occupant.

Non-communicative aspects: Those aspects of a sign which do not constitute a part of the sign copy or display. These include, but are not limited to, physical structure or mounting device, location, orientation, spacing, density, visibility and view obstruction, size, allowable area height and illumination.

Nonconforming sign: A sign that conformed to the law in effect at the time of original construction, but which does not conform to the provisions of this article.

Off-site sign: A sign communicating a commercial message which concerns products, services, activities or facilities not located on, or inherently associated with, the premises where the sign is installed. The on-site/off-site distinction applies only to commercial messages.

On-site sign: A sign communicating a commercial idea or message or identifying or advertising an establishment, business, person, or activity, or goods, products, services or facilities located or available on the premises, or inherently associated with the premises (or occupant thereof) where the sign is installed. The on-site/off-site distinction applies only to commercial messages.

Person: Any individual, corporation, association, firm, partnership, limited liability company and other legally recognized entities, singular or plural.

Pole sign: a type of freestanding sign which is supported by one or more columns, poles, uprights, or braces in or upon the ground, and is not attached to a building.

Portable sign: a sign which is easily moved from one location to another. Such signs may be mounted on wheels, on a person or animal, or be so designed and constructed that relocation is easy. Common examples include "A Frame," "sandwich board," and trailer signs.

Principal use: A principal use is the main or primary use of a parcel that is permitted under the district regulations in the City's zoning law. Unless the district regulations allow mixed uses, only one principal use may be made of a single parcel, along with uses that are accessory to that principal use. As to signs, if a principal use is a store, then the sign that announces the name of the store is an accessory use.

Projecting sign: A sign attached to and projecting from the wall of a building and not in the same plane as the wall.

Public notices and signs: Signs required or specifically authorized for a public purpose by any law (common law or statutory).

Roof sign: A sign that is attached to a building and is displayed above the eaves of the building. Provided, however, that where the roof is situated at an angle to a plane which is perpendicular to the building wall of not less than eighty (80) degrees and no more than one hundred (100) degrees, then such sign shall be regulated as a "wall sign."

Safety codes: Those codes adopted to protect the public health, safety and welfare by regulating the manner of development and construction including, but not limited to, building, grading, demolition, mechanical, plumbing and electrical regulations.

Separate use or secondary use: a land use which is neither the principal use of the particular parcel, nor incidental or accessory to the principal use. In the context of signs, a billboard used for general advertising, when located on a parcel that has a principal use, is a separate or secondary use.

Sign: Any structure or device which displays a visual image for the purpose of attracting attention and/or conveying information or a message, which is visible from any portion of the public right-of-way. However, notwithstanding the generality of this definition, the following are not within the definition:

a.

Architectural features. Decorative or ornamental elements of buildings, not including letters, trademarks, or moving parts;

b.

Cornerstones, foundation stones, and similar devices;

c.

Cultural decorations. Displays of noncommercial nature, mounted on private residential property, which pertain to cultural and religious observances;

d.

Fireworks;

e.

Grave markers. Gravestones, insignia on tombs, mausoleums and other insignia of the deceased which such are part of a burial, interment, mausoleum or memorial site which is otherwise lawful;

f.

Hot air balloons. Inflated balloons which carry persons but do not display general advertising images;

g.

Manufacturers' marks. Marks on tangible products, such as trademarks and logos, which identify the maker, seller, provider or product, and which customarily remain attached to the product or its packaging even after sale;

h.

Mass transit. Advertisements or banners mounted on trains or duly licensed mass transit vehicles which legally pass through or circulate within the city;

i.

Newsracks. Any self-service or coin-operated box, container, storage unit, fixture or other dispenser placed, installed or maintained for display and sale or other distribution of one or more newspapers, periodicals or other publications;

j.

Noncommercial symbols integrated into architecture or landscaping. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building or its related landscaping, which is otherwise legal;

k.

Official notices. Any public or legal notice required by law, a court or public agency;

l.

Personal appearance. Items or devices of personal apparel, decoration or appearance, including apparel, tattoos, makeup, masks and costumes, but not including hand-held commercial signs or commercial mascot devices;

m.

Special non-commercial event signage. Signs used in conjunction with special events, parades, demonstrations and protests;

n.

Vehicle and vessel signs. On road vehicles, aircraft, and water craft: license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business or service of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;

o.

Vending machines;

p.

Shopping carts, golf carts, go carts, etc.;

q.

Window displays consisting only of merchandise which is available for immediate purchase on the premises;

r.

Interior signs.

Signable area, wall sign: A two-dimensional area that describes the largest square, rectangle, or parallelogram which is free of architectural details on the façade of a building or part of a building in which a use is located.

Shopping center: A group of retail stores and/or establishments served by common parking facilities which are either:

(a)

Linked by a common plan/design between buildings; or

(b)

Contained within a single building; regardless of common or separate ownership of parcels, buildings, or floorspace.

Temporary sign: A sign that is not permanently affixed or displayed. All devices such as banners, pennants, twirling or sandwich type signs, sidewalk or curb signs and balloons or other air-or gas-filled figures shall be considered temporary signs.

Use: Human activity conducted on land. For purposes of this article, unless the context otherwise requires, each parcel or building shall be considered as one use which shall include all activities located within that parcel or building.

Wall sign: A sign painted on or attached to a wall of a building and in the same plane as the wall. Also includes a roof sign on a roof that is at an angle to a plane which is perpendicular to the building wall of not less than eighty (80) degrees and no more than one hundred (100) degrees.

(Ord. No. 2005-59, § I, 10-13-05; Ord. No. 2014-022, 4-24-2014)

a.

Permit required. Unless otherwise provided in this article, no person shall install, erect, display, alter, move, or replace any non-exempt sign without first obtaining a sign permit issued by the city in accordance with this article. Except along highways and the interstate system or federal aid primary system, no permit is required for the routine maintenance or installation of temporary signs nine (9) square feet or smaller.

b.

Notices: Written notices required within this article shall be deemed given on the earliest of the following: when actually delivered, one day after deposit with an overnight delivery service or three (3) days after mailing (first class postage). Notices are deemed effective when sent to the last known address of the addressee.

c.

Application process. Any person seeking a permit for a sign, for which a permit is required under this article, shall submit to the director a written application for such sign permit or other sign-related decision. The director shall prepare a sign permit application form and provide it to any person on request. The same form may be used for both the application and the decision thereon. A single form may be used for multiple signs on the same site. A sign permit application is complete only when it is accompanied by the appropriate application fee, in an amount set by resolution of the city council. The form may call for the following information:

1)

Name, address and telephone number of the applicant and, if applicable, the name, address, and telephone number and license number, if any, of the sign contractor;

2)

Address and zoning district of the property where the sign is proposed to be displayed;

3)

Accurate and scaled site plan showing the location of property lines, buildings, parking areas, driveways, landscaped areas, utility poles and wires, and existing and proposed signs on the site;

4)

Accurate and scaled building elevation showing existing and proposed building signs (exempt signs need not be shown);

5)

Accurate and scaled plans, details and samples showing the location, dimensions, materials and illumination of each proposed sign;

6)

Existing and proposed sign area of each individual sign and the combined area of all signs (including those already existing or previously permitted) in relation to the maximum allowed sign area. Existing signage to be removed as part of the new sign installation shall be clearly designated as such;

7)

Proof of the landowner's consent to the proposed sign;

8)

The landowner's written consent to the proposed sign, which may be shown by signature on the application;

9)

A statement as to whether the sign is intended to be used for commercial messages and, if so, whether the message(s) will qualify as "onsite" or offsite" or both, under the definitions of this article;

10)

A statement or graphical description as to whether the sign, or any part of it, is to be used for changeable or changing copy;

11)

A statement or graphical description as to whether the proposed sign, or any part of it, is proposed to utilize any of the following physical methods of message presentation: sound or odor; smoke or fumes or steam; rotating or moving elements; activation by wind or forced air; neon or other fluorescing gases; flashing or strobe lighting; liquid crystal displays or other video-like methods; use of live animals or living persons as part of the display;

12)

A statement as to whether the property or parcel on which the sign is proposed to be erected or displayed, or any currently existing sign thereon, is the subject of any outstanding notice of zoning violation or notice to correct;

13)

Photographs of the existing property, parcel and/or building on which the sign is proposed to be erected or displayed;

14)

If the sign is to be illuminated, an electrical and lighting plan;

15)

In the applicant's option, the graphical design of the proposed sign may be shown; however, this is not required and the city shall not consider this information as part of the decision process.

d.

Incomplete applications. If the director finds that any application for a sign permit is incomplete, the applicant shall be so notified not more than thirty (30) calendar days after the application is received. The notice shall detail all known points of incompleteness. The applicant may resubmit the application in complete form without paying the application fee again, one time, within thirty (30) calendar days of when the notice of incompleteness is given. If the director fails to provide notice of incompleteness within thirty (30) calendar days, then the application shall be deemed complete as of the last day on which notice of incompleteness could have been timely given.

e.

An applicant for a permit to repair or erect a sign, other than a sign of less than thirty-two (32) square feet in area, shall also submit specifications for the construction of the sign and for its illumination and mechanical movement (if any) and, where required by the Standard Building Code, engineering documents signed and sealed by a registered design professional. In instances in which a signature by a registered design professional is required then a registered South Carolina architect or engineer shall inspect the sign on an ongoing basis during the various stages of work so as to assure that the work is proceeding in accordance with the standards and the proposal on the application and, upon completion of the work, such architect or engineer shall conduct a final inspection and specially certify that, based upon his or her inspections, the sign has in fact been constructed in accordance with such application. It shall be the responsibility of the applicant to see that such certification is made and to file the original of said certification with the city building department within thirty (30) days after the completion of all work under the permit and, in all cases, within seven (7) months from the date of issuance of the permit.

f.

Validity of permit. The issuance or granting of a sign permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this article or of any other provision of this Code. Permits appearing to give authority to violate or cancel the provisions of this article or other provisions of this Code shall not be valid.

g.

Permits issued in error. The issuance of a sign permit based on plans, specifications and other data shall not prevent the director from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of this article or of any other provision of this Code.

h.

Suspension or revocation of permit. The director may, in writing, suspend or revoke a sign permit issued under the provisions of this article whenever the sign permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this article. Contested revocations under this section shall be heard and appealed in the same manner as any other sign-related decision.

i.

Review and appeal. All matters of enforcement, interpretation and application of this article, including decisions on sign permits and all other all sign-related decisions, shall be made initially by the director as an administrative matter, with no public hearing required. The director's decision may be appealed to the BOZA and then further as provided by law. (See North Charleston Zoning Code Section 7-7.1, et seq. and S.C. Code Ann. 6-29-780 et seq. as the same may be amended or recodified from time to time.) In addition to the provisions of Section 7-7.1 of the Zoning Ordinances of the City of North Charleston, the following specific rules and procedures shall apply with respect to sign-related appeals:

1)

Rules of decision. The director shall approve all sign permit applications which fully comply with the requirements of this article and all other applicable laws, rules, regulations and requirements. For any sign permit application which does not comply with this article and all other applicable laws, the director shall deny the application and give notice of such decision detailing the reasons for denial to the applicant not more than thirty (30) calendar days after the application is found or deemed complete. If such notice is not timely given, and the applicant does not waive time, then the application shall be deemed denied and the applicant shall be entitled to appeal the decision without paying the appeal fee.

2)

Perfecting appeal. An appeal of a sign-related decision, including but not limited to a decision on a permit application, is effective when written notice thereof is delivered by an aggrieved party to the director and to the city clerk within the required time, on a form prescribed by the director, accompanied by any applicable appeal fee. The fee shall be in the amount set by resolution of the city council. The notice of appeal shall be signed by the aggrieved party, identifying the matter or decision appealed from and stating the grounds of appeal. All notices of appeal on all sign-related decisions must be filed with the city clerk within thirty (30) calendar days of when the appeal right arises.

3)

When appeal right arises. Unless timeliness of decision is waived by the applicant or appellant, the right to appeal a sign-related decision arises at the earliest of: when written notice of the director's decision is effective under the "notice" provision; when personally delivered or mailed to the applicant; or the expiration of the time in which the director or BOZA is required to make a decision. Appeals to the circuit court shall be filed within the time limits and in the manner prescribed within S.C. Code Ann. 6-29-820 as the same may be amended or recodified from time to time.

4)

Timeliness of decision; waiver of time. Unless otherwise provided, at each stage of review, all sign-related decisions shall be made within forty-five (45) calendar days. This time period begins at the earliest of when the permit application is complete, when a written request for interpretation has been received, or when the appeal has been timely and properly filed, as applicable. When any such decision is not made within the required time, and the applicant or appellant does not waive time, then the application or appeal shall be deemed denied and the applicant or appellant shall have the immediate right to appeal to the next level of review. The timeliness requirement may be waived by the applicant or appellant at any stage of the process.

5)

Maintenance of status quo. While any sign-related decision is pending, the status quo shall be maintained until the review or appeal has run its full course, unless the subject sign is in such physical condition that it presents a serious and immediate threat to the public health and safety, in which case it may be summarily abated as a public nuisance, pursuant to applicable law.

6)

Hearing and decision on appeal. When any sign-related decision is timely appealed to the BOZA that body shall hold a duly noticed hearing on the matter, hear arguments and take evidence and decide the matter within the required time period, unless the applicant or appellant waives time. The decision shall be in writing and shall state facts from the record which support any findings made. The proceedings of the BOZA shall be conducted in accordance with City Code Sections 7-7.1 et seq. (unless otherwise modified within this section) and S.C. Code Ann. 6-29-780 et seq. as the same may be amended or recodified from time to time.

j.

Judicial review. Following exhaustion of all available appellate procedures within the city, any applicant or appellant may seek judicial review of the city's final decision on any permit application or any other sign-related decision. Circuit court appeals shall be prosecuted under the rules set forth in Section 7-7.1 et seq. (unless otherwise modified within this section) and S.C. Code Ann. 6-29-780 et seq. as the same may be amended or recodified from time to time. Expedited circuit court review and decision shall be provided as specified in Section 6-29-840. This provision does not limit an appellant or applicant's ability to seek judicial review by other means.

(Ord. No. 2005-59, § I, 10-13-05; Ord. No. 2007-55, 8-23-07; Ord. No. 2014-022, 4-24-2014)

The following regulations shall apply to all signs within the City of North Charleston.

a.

All signs not meeting the standards set forth in this ordinance [article], the city's duly adopted building code, and the city's duly adopted electrical code are prohibited unless specifically permitted by this ordinance [article].

b.

Setback required: Any structure which supports a sign, including decorative cover, may not be located within five (5) feet of the front property line, except that at intersecting streets such structures must be set back ten (10) feet from the property line. Unless otherwise specified elsewhere in this ordinance, the sign face may project out to within eighteen (18) inches of the property line, and a clear space of not less than nine (9) feet shall be provided below all parts of the projecting sign face.

c.

In addition to the regulations contained in this article, signs must also comply with encroachment rules where applicable.

d.

Interplay with other city sign regulations. Should the provisions set forth herein in this article "sign regulations" differ from sign regulations set forth elsewhere within the ordinances of the City of North Charleston, it is the intent of council that the more strict of the standards be applied unless a contrary intention is expressly stated within such conflicting ordinance.

e.

Sign face area—Measurement.

1)

The area of a sign enclosed in frames or cabinets is determined by measuring the outer dimensions of the frame or cabinet surrounding the sign face (Illustration 1). Sign area does not include foundations or supports. Only one side of a double-faced, freestanding sign is counted.

2)

For signs on a base material and attached without a frame, such as a wood board or plexiglass panel, the dimensions of the base material are to be used in the measurement unless it is clear that part of the base contains no sign related display or decoration.

3)

For signs constructed of individual pieces or letters attached to (or painted on) a building wall or window, sign area is determined by a perimeter drawn around all the pieces (Illustration 2).

4)

For sign structures and wall signs containing multiple modules, the sign face shall be calculated by reference to the area of the rectangle, which, if drawn, would fully encompass all sign modules. (See Exhibit [Illustration] 3). For sign structures containing modules oriented to face in a different directions, the area shall be the sum of the areas (as calculated herein above) for each orientation (See Exhibit [Illustration] 3.1). Only one side of a double-faced sign shall be counted for each orientation. Modules shall be treated as provided within this subsection without regard to whether or not the modules are of the same type (i.e. modules shall be combined for calculation even if one module is a window sign and the other is a wall sign).

5)

The surface area of spherical signs shall be calculated by the formula 4;pi;r ² . The surface area for non-spherical three-dimensional signs shall be computed by appropriate mathematical formula to reflect the total surface area of the sign. For purposes of this sub-section, signs which are otherwise two-dimensional except for a minimal width necessary for manufacture or for the purposes of internal illumination shall not be considered 3-D signs so long as no advertising message appears on more than two (2) faces.

6)

For signs incorporated into awnings, the entire panel containing the sign is counted as the sign face unless it is clear that part of the panel contains no sign related displays or decoration.

Illustration 1

Illustration 2

Illustration 3

Illustration 3.1

7)

For new/additional signage installed on sites that feature existing signage of the same type (i.e. free standing, wall, etc.) the applicant may designate within the permit application certain existing signage to be removed. In such instances the area of the existing signage designated for removal shall not be added to that of the proposed signage for purposes of calculating allowable sign area so long as all signage designated for removal is removed from the site prior to the actual on-site installation of any new/additional signage.

f.

Sign height is measured from the topmost portion of the sign structure to the average grade within five (5) feet in all directions of the point directly beneath the highest point.

g.

For purposes of sign area calculations and measurements, calculations shall be made with the entirety of a buildings orientation (i.e., south face, northwest face, etc.) being considered a single "wall" without regard to the existence of any offsets or bump outs.

(Ord. No. 2005-59, § I, 10-13-05; Ord. No. 2014-022, 4-24-2014; Ord. No. 2019-11, 2-28-2019)

The following signs are prohibited in all zoning districts unless otherwise indicated in this section:

a.

Flashing signs and signs involving motion: Flashing signs and/or signs involving rotation, animation or other forms of movement or moving illumination, excluding image changing signs when set in a non-flashing and non-animated mode, shall not be permitted.

b.

Confusing signs: Signs which by color, location, or design resemble or conflict with traffic-control signs or signals or other indicators of safety warnings.

c.

Abandoned signs: Sign owners shall have forty-five (45) days after a sign becomes abandoned in which to take remedial action by replacing the abandoned sign message with a current message; or

(a)

In the case of a sign that otherwise conforms with all zoning requirements, cover the sign face with blank opaque material; or

(b)

In the case of a sign that does not otherwise conform with all zoning requirements, remove the sign structure in its entirety. Failure to take remedial action (as required above) within forty-five (45) days from the date of the abandonment shall be punishable by a fine of up to five hundred dollars ($500.00) (exclusive of court costs) or thirty (30) days imprisonment, with each such day after expiration of the forty-five (45) day period being punishable as a separate offense.

d.

Dilapidated signs: Any sign which is insecure or otherwise structurally unsound, has defective parts in the support, guys and/or anchors or which is unable to withstand wind loads of one hundred thirty (130) miles per hour in the opinion of the building official based on applicable safety codes.

e.

Billboards, other than relocation agreements which authorize an existing billboard to be removed in exchange for another billboard to be constructed within one of the billboard plazas identified herein.

(Ord. No. 2005-59, § I, 10-13-05)

General. This section states the rules for required fallzones of signs.

a.

No engineer's certification. Absent documentation of an engineer's certified structural failure analysis, any freestanding sign structure in excess of ten (10) feet in height shall be set back a minimum distance of ten (10) feet from all property lines of the parcel on which it is situated which are adjacent to a public right-of-way, and shall also be set back a minimum distance equal to its height from any structure and from all property lines of any parcel of land, including the parcel upon which it is situated.

b.

Engineer's certification. Upon presentation of an engineer's certified structural failure analysis, any freestanding sign structure in excess of ten (10) feet in height shall be set back a minimum distance from the public right-of-way, all property lines, and all structures equal to the greater of:

(1)

The width of the sign face; or

(2)

The maximum expected debris field radius as certified by a registered engineer based on a structural failure analysis conducted using assumptions of a wind speed of one hundred thirty (130) miles per hour and using applicable local seismic standards.

c.

Engineer's exemption. With regard only to alterations of legal-nonconforming signs that are not presently in compliance with applicable fall zone requirements, an applicant may present, in lieu of an engineer's certified structural failure analysis, a certification from an engineer that the proposed alteration would result in the structure being subjected to lower loads and be less likely to fail than as presently configured.

d.

Provisions 8-8(a) and (b) shall also act to prohibit construction of any structure or graphic, or subdivision of any property which would cause a freestanding sign structure permitted and erected after March 8, 1990, to become a nonconforming sign.

(Ord. No. 2005-59, § I, 10-13-05; Ord. No. 2014-022, 4-24-2014)

a.

Temporary signs: In non-residential zones and on non-residential uses, temporary signs displaying commercial messages shall be placed not less than fifty (50) feet apart. Temporary signs shall not be displayed more than thirty (30) days (in the aggregate) in a single calendar year. Total temporary sign area may not exceed thirty-two (32) square feet. Temporary signs with an area in excess of nine (9) square feet may not be established without first notifying the zoning administrator in writing.

b.

Billboard relocation. New billboards may be constructed in any of the billboard plaza areas only pursuant to a relocation agreement with the city, by which at least one pre-existing billboard is permanently removed in exchange for a permit to construct a new billboard within a billboard plaza area. Billboard plazas shall consist of all frontage of freeways and arterials within the City of North Charleston other than those excepted by item 2) below.

1)

Upon adoption of an urban thoroughfare plan by the City of North Charleston, the designations of freeways and arterials contained in said plan will control. Until such time, the following shall be designated as freeways and arterials: I-26, Rivers Avenue, Dorchester Road, Ashley Phosphate Road, The Mark Clark Expressway, the proposed East-West Connector running from I-26 to Dorchester Road between Ashley Phosphate Road, Highway 78, and Ladson Road, the proposed North-South Connector running between Ashley Phosphate Road and Ladson Road between I-26 and Dorchester Road.

2)

The frontage on the following freeways and arterials shall not be billboard plazas: The Mark Clark Expressway; the proposed East-West Connector running from I-26 to Dorchester Road between Ashley Phosphate Road, Highway 78, and Ladson Road, the proposed North-South Connector running between Ashley Phosphate Road and Ladson Road between I-26 and Dorchester Road.

3)

Billboard relocation shall not be located outside of an approved billboard plaza.

4)

Billboards shall not be located in a neighborhood which is primarily residential in character. In determining the primary character of the neighborhood, street frontage of activities on the street or highway from which the sign is to be viewed, which frontage is located within five hundred (500) feet of the proposed graphic as measured along the centerline of the street or highway, including frontage on both sides of the street or highway, shall be considered. If the frontage described above is fifty (50) per cent or more residential in character, the neighborhood shall be considered to be primarily residential in character.

5)

No billboard shall be relocated any closer than one thousand (1,000) feet from any existing billboard located on either side of the street, highway, or expressway as measured along the centerline of the street, highway, or expressway from which the billboard is viewed.

6)

No relocated billboard shall have an area of greater than six hundred seventy-two (672) square feet, nor shall its facing be over forty-eight (48) feet in height or longer than sixty (60) feet.

7)

No relocated billboard shall be located within ten (10) feet of any aboveground utility line or any property line.

8)

No relocated billboard may be erected on a parcel unless such parcel is zoned B-2, M-1, or M-2.

9)

No relocated billboard may feature more than two (2) simultaneously visible sign areas per facing.

10)

Within ninety (90) days after the effective date of this ordinance [article], all persons owning or operating an off-site sign in excess of thirty-one (31) square feet in area shall provide to the zoning administrator an inventory of all such previously established off-site signs located within the City of North Charleston owned or controlled by them. Such inventory shall include the address of the sign, a site location map, a description of the sign's dimensions and a photograph of the sign. Such inventory is herein referred to as the "replacement inventory." The replacement inventory shall include those off-site signs existing on the effective date of this ordinance [article] and signs which have not yet been erected but for which permits have been issued as of the effective date of this ordinance [article]. Any signs which are not included in the replacement inventory submitted within the ninety (90) day period provided herein shall not be later added except in the case of annexation in which case the replacement inventory shall be amended by the addition of any off-site sign located, existing and permitted on the date of annexation of territory that is annexed to the City of North Charleston after the effective date of this ordinance [article].

The zoning administrator shall, after review of tendered replacement inventory lists, assign an identification number to each off-site sign within the city and inform the owner/operator of each sign of the number assigned to it. The owner/operator of each sign shall have ninety (90) days from the date of receipt of assigned number from the zoning administrator post the number on the sign structure. Such number shall be displayed on the sign face or its supporting structure so that the number is clearly visible from a public right-of-way.

11)

The sign face area of a replacement sign or enlargement of an existing sign face shall not exceed one hundred (100) per cent of the sign face area of the replaced sign or signs. By way of example, to erect a new sign having three hundred (300) square feet of face area, the replaced sign or signs would be required to have at least three hundred (300) square feet in face area. The number of replacement sign faces shall not exceed the number of sign faces being replaced.

12)

No increase in the area of an existing sign face or construction of a replacement sign shall be permitted unless accompanied by the prior removal of a previously existing sign structure.

13)

Applicants for a permit to erect or enlarge a sign shall, on the face of the application, specify the assigned number of the sign structure being removed in conjunction with the proposed new construction activity. Structures proposed for removal shall be either owned/operated by the company seeking the replacement permit or, if such sign is owned/operated by a third party the applicant shall affix to the permit application sufficient documentation to establish that the third-party has irrevocably consented to the proposed removal.

14)

No replacement sign construction, or enlargement of sign face area, shall be commenced prior to the removal of the sign structure specified for demolition in the application. Replacement sign construction or enlargement of sign face shall be commenced within two (2) years of the date of demolition of the previously existing sign. Replacement rights are transferable during this two (2) year period provided that documentation of the transfer transaction is provided to the zoning administrator within thirty (30) days of such transaction.

(Ord. No. 2005-59, § I, 10-13-05)

a.

In single family residential districts, and on detached single family residences, regardless of zone:

1)

Display area: Each residence may display a maximum of eight (8) square feet of sign message area, which may be on any combination of the following subjects: noncommercial messages, home occupation signs (not exceeding two (2) square feet), real estate signs, garage sale signs. General advertising and offsite commercial messages are prohibited. Signs used to identify the address and/or residents, as well as flags, do not count toward the eight (8) square foot maximum.

2)

Physical type: Yard signs, signs mounted on fences or doors, wall signs, window signs.

b.

In multi-family residential districts, and on multi-family residential uses regardless of zone:

1)

Display area: Each residence may display a maximum of eight (8) square feet of sign message area, which may be on any combination of the following subjects: noncommercial messages, home occupation signs (not exceeding two (2) square feet), real estate signs, garage sale signs. General advertising and offsite commercial messages are prohibited. Signs used to identify the address and/or residents, as well as flags, do not count toward the eight (8) square foot maximum.

2)

Physical type: Signs mounted on fences or doors, wall signs, window signs.

3)

Master sign: For multi-family dwellings, mobile home parks, townhouses, condominiums, and all other non-business uses permitted within R-1, R-1A, R-2, and R-3 areas a single on-site illuminated or non-illuminated freestanding or attached wall sign of not more than thirty-two (32) square feet in area shall be permitted for each entrance from a public right-of-way provided the sign is set back no less than five (5) feet from any street or right-of-way. Such signs shall be in addition to those allowed under Sections 8-8(b)(1).

c.

House numbers: In addition to the number of signs permitted elsewhere within section 8-8, all dwelling units are required to display house numbers attached, with lettering at least three (3) inches high, mounted in such a manner as to be easily visible from the nearest street.

(Ord. No. 2005-59, § I, 10-13-05)

Only the following types of signs are permitted in ON, B-1, B-2, CRD, M-1, and M-2 zoning districts, and subject to the following stated conditions and provisions:

a.

On-site signs: Each parcel is allowed a maximum of one freestanding sign or gateway style entrance sign pair per road frontage in the ON, B-1, B-2, CRD, M-1, and M-2 zoning districts and such sign(s) shall conform to the following:

1)

Freestanding signs located within a one thousand (1,000) foot radius of the centerpoint of an interstate highway interchange must comply with the following requirements:

a)

The top of the face of the sign may not exceed seventy (70) feet in height.

b)

The area of the sign face may not exceed two hundred (200) square feet.

2)

Freestanding signs not meeting the locational criteria set forth in subsection a. 1) above, but which are located on property which either abuts an interstate right-of-way or the right-of-way of a frontage road dedicated to an interstate highway must comply with the following requirements:

a)

The top of the face of the sign may not exceed fifty (50) feet in height.

b)

The area of the sign face may not exceed two hundred (200) square feet.

3)

Freestanding signs located in all areas other than as described in subsections a. 1) and a. 2) above must comply with the following requirements:

a)

The top of the face of the signs may not exceed twenty-five (25) feet in height in ON, B-1, B-2, M-1 and M-2 zoning districts, and may not exceed ten (10) feet in height in the CRD zoning district.

b)

The area of the sign face may not exceed two hundred (200) square feet in districts other than CRD.

c)

Freestanding signs located within a CRD zone may only be of the monument or pedestal style and may not exceed fifty (50) square feet in area.

4)

For purposes of this section, a shopping center or joint occupancy business development shall be considered to be as one location and shall be entitled to only one freestanding on-site sign per road frontage without regard to the number of separate establishments, parcels, or out parcels contained within it. Accordingly, freestanding on-site sign faces for individual uses within such a development shall be required to locate signage on the shopping center/development's common freestanding on-site sign.

5)

"Gateway style sign pairs" must conform with all limitations contained within the Zoning Ordinances of the City of North Charleston and in no event shall feature a combined area of more than three hundred fifty (350) square feet.

b.

Portable signs: Portable signs shall be permitted in B-1, B-2, M-1 and M-2 zoning districts, provided they are anchored, grounded, and are wired in accordance with the city's duly adopted building and electrical codes and further provided that they must meet the all other applicable requirements. A portable sign shall be considered to constitute a freestanding sign for purposes of determining the number of additional on or off-site signs that may be constructed on a given site.

c.

Interim signs: Interim signage may be displayed for a maximum of sixty (60) days. Such signage must be removed at the earlier of (i) sixty (60) days after initial legal opening of the business to the public, (ii) sixty (60) days after the issuance of a new business license, or (iii) the date of installation of permanent signage on the site.

d.

Designation signs: Designation signs shall be permitted in the B-1, B-2, CRD, M-1, and M-2 zoning districts. Such signs shall be erected in conformance with the following:

1)

An office building, multi-use development, institutional or governmental use or retail center may display one designation sign adjacent to each curb cut onto a street, highway or freeway on which it has frontage. Designation signs shall not be used as ground signs.

2)

The face of the designation sign may not exceed six (6) feet in height.

3)

The area of the designation sign face may not exceed thirty (30) square feet.

e.

Wall signs and projecting signs: Wall and projecting signs shall be permitted in the B-1, B-2, CRD, M-1 and M-2 zoning districts. Such signs shall be erected in conformance with the following:

1)

Any use may display wall signs on walls adjacent to each street, highway, expressway or off-street parking area on which it has frontage.

2)

The aggregate area of the wall signs plus the aggregate area of the window signs displayed on any given facade of a building may not exceed fifteen (15) per cent of the area of that facade.

3)

Wall signs may be painted on or attached to or pinned away from the wall but must not project from the wall by more than twelve (12) inches and must not interrupt architectural details.

4)

All wall signs must comply with the following height limitations:

a)

A wall sign displayed by a use on the first story may not extend above the window sill of the second story.

b)

A wall sign displayed by a use above the first story may be no higher than the window sill of the third story.

c)

If a building exceeds sixty-five (65) feet in height as measured to the eaves, one on-site wall sign may be placed below the eaves on each facade of the building, but no lower than fifteen (15) per cent of the height of the building below the eaves.

5)

Projecting signs:

a)

Any use other than residential activities may display one projecting sign adjacent to each street, highway, freeway, or off-street parking area on which it has frontage.

b)

Projecting signs may not exceed sixty-five (65) square feet in area.

c)

A use may display both ground and projecting signs if no more than one of these signs is more than twelve (12) square feet in area.

d)

Projecting signs must clear public sidewalks by at least nine (9) feet and may project no more than four (4) feet from a building or one-third (1/3) the width of the sidewalk, if any, whichever is less. Projecting signs over public rights-of-way must obtain an encroachment permit from the director of public works and are subject to any conditions contained in said permit.

e)

Projecting signs must be pinned away from the wall at least six (6) inches and must project from the wall at an angle of ninety (90) degrees.

f)

Projecting signs may not extend vertically above the windowsill of a second story.

(Ord. No. 2005-59, § I, 10-13-05; Ord. No. 2007-60, 8-23-07; Ord. No. 2014-022, 4-24-2014)

Sign lighting shall be of low intensity with effective provisions made to minimize spillover of light beyond the actual sign face. Examples of permissible illumination methods would include, but not be limited to, the use of appropriate cut-off style light fixtures, the use of down-light fixtures adjusted so as to avoid light spillover and interference with the vision of motorists, and the use of muted internal illumination. Prohibited forms of light spillover include, but are not limited to, spillover into adjoining properties, roadways and airspace. Lighting must not interfere with the vision of oncoming motorists. Submittal of a lighting plan is required as a part of the permit review process.

(Ord. No. 2005-59, § I, 10-13-05)

a.

Legally established non-conforming uses under the sign regulations for signs of the types specifically identified below shall not be afforded perpetual "legal non-conforming use" status pursuant to Section 4-5 of the Zoning Ordinances of North Charleston or the common law.

b.

Signs subject to amortization: None.

c.

All challenges and appeals to the amortization schedules set forth herein, the application of this amortization scheme to a particular sign, or to this ordinance [article] in general must be filed in writing with the city within ninety (90) days of the passage of this ordinance [article].

d.

Regarding legally established non-conforming signs of types not expressly listed within section 8-13(b), nonconforming signs that remain in use may continue as a legal non-conforming ("grandfathered") use. Should such sign become abandoned, the rules regarding abandoned signs shall control.

e.

Signs which violated existing rules and regulations at the time of construction, erection or mounting, are illegal from the beginning and cannot be legalized by the passage of time. All such signs must be legalized by a permit which requires conformance to current law. Signs which are not so legalized are subject to orders for immediate removal.

f.

Repair of damaged signs:

1)

Sign types listed in section 8-13(b): During the amortization period, no non-conforming sign shall be enlarged either with respect to sign face area or supporting structure. During the amortization period, however, non-conforming signs may be otherwise altered, maintained, or repaired (consistent with all other requirements of the Zoning Ordinances of the City of North Charleston) so long as the cost of such alterations, maintenance, or repairs does not exceed sixty (60) per cent of the value of the sign prior to any improvement being performed. Should the cost of any single alteration, repair, or maintenance procedure required during such period exceed sixty (60) per cent of the value of the sign prior to the improvement, repair, or maintenance being performed, then the sign shall be removed.

2)

Sign types not listed in section 8-13(b): Regarding signs of types not expressly listed within section 8-13(b), nonconforming signs damaged by fire or other causes may be reconstructed; however, if the cost to reconstruct the sign to its condition prior to the damage exceeds sixty (60) per cent of the cost to totally construct such a sign, the sign must meet all the provisions of this ordinance [article].

g.

Abandoned signs: In the absence of remedial action, abandoned signs that do not otherwise conform with all zoning requirements shall be removed within forty-five (45) days of abandonment.

(Ord. No. 2005-59, § I, 10-13-05)

If any section, subsection, sentence, clause, phrase or portion of this ordinance [article] is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

(Ord. No. 2005-59, § I, 10-13-05)