The purpose and intent of this article is to establish limitations on signs to ensure that they are appropriate to the land, building or use to which they are appurtenant and are adequate, but not excessive, for their intended purpose. Any display of off-premises, outdoor advertising (billboards) is considered inappropriate to the character and proper development of the town, and it is intended by this article that such display shall not be permitted within the town. The provisions of this article are to establish reasonable and objective regulations for all signs within the town for the following purposes:

(1)

Provide a pleasing overall environmental setting and good community appearance which is deemed vital to tourism and to the continued economic attractiveness of the town;

(2)

To improve and foster pedestrian and motorist safety by minimizing distractions and obstructions that contribute to vehicular and other accidents;

(3)

To avoid personal injury and property damage from structurally unsafe signs;

(4)

To protect property values and private and public investment in property;

(5)

Promote highway safety, the welfare and comfort of travelers, the convenience of the public, and the enjoyment of public travel.

(Ord. No. 17-0838, 4-11-17)

The provisions of this article shall apply to the construction, erection, alteration, use, location, size and height of and the maintenance of all signs, regardless of their cost of construction. No reference in this article referring to sign copy or sign purpose shall be interpreted or applied to improperly regulate content or impair the right of free speech.

(Ord. No. 17-0838, 4-11-17)

Any sign allowed under this article may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business or to a commodity or service for sale, and that complies with all other requirements of this article. If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding must not affect the validity of other provisions of this article which can be given effect without the invalid provision.

(Ord. No. 17-0838, 4-11-17; Ord. No. 17-0861, 1-9-18)

(a)

Determining sign area. The entire face of a sign, including the advertising surface and any framing, trim, or molding but not including the supporting structure. In the case of back-to-back or V-shaped signs, the measurement will be based on only one (1) side of the sign. Both sides of a double-faced sign or V-type shall be of equal size. The sign area of signs with three (3) or more sides (multiple side signs) containing copy message, decoration or announcement visible from a street, highway or expressway is measured as the sum of the area of any two (2) adjacent sides.

(b)

Determining the number of signs. For the purpose of determining the number of signs, a single sign shall be considered to be a display surface or device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without an organized relationship of elements, each element shall be considered to be a sign. The two (2) components of back-to-back, double faced, or V-shaped signs shall be considered one (1) sign.

(c)

Determining the height of signs. Sign height shall be determined from the finished grade at the base to the highest point of the sign including all supports.

(Ord. No. 17-0838, 4-11-17)

(a)

Permit required. No sign, except those identified as authorized signs (section 17-622), shall be erected, repaired, constructed, enlarged, displayed, altered, relocated or replaced within the corporate limits of the town until a sign permit has been issued. At the time of submittal of the sign application, the applicant shall pay the required application/review fee in an amount as set by resolution by town council. A sign permit application is not deemed complete until the required application/review fee is paid in full.

(1)

Application for permit: All applications for sign permits shall be made with the planning, building and zoning department. The following information shall be submitted:

a.

Name, address, and telephone number of the applicant;

b.

Name, address, and telephone number of the sign contractor;

c.

Address of property where the sign is proposed to be erected;

d.

Name, address, and telephone number of the owner of property where the sign is proposed to be erected;

e.

The written consent of the owner of property where sign is proposed to be erected;

f.

The overall dimensions of the proposed sign, including height, width, square footage, shape, and number of faces;

g.

The value of the sign or sign structure;

h.

A survey showing the location of property lines, buildings, parking areas, driveways, landscaped areas, utility poles and wires, and existing and proposed signs on the site (this requirement does not apply to temporary signs);

i.

Plans, specifications, details, and drawings showing the design, dimensions, materials, and illumination of the proposed sign; and

j.

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

(2)

Violations/penalty: The code enforcement official shall give one (1) written warning to the owner of any sign placed in violation of this article. The code enforcement official shall give the owner thirty (30) days to correct the violations (unless the violation may cause imminent danger). Any person violating any provision of this article at any property after written warning shall be guilty of a misdemeanor. The violation of any such provision shall be punished by a fine not exceeding five hundred dollars ($500.00), plus fees and assessments, or by imprisonment for a period not exceeding thirty (30) days. However, no penalty shall exceed the penalty provided by the state law for similar offenses. Each day any violation of this Code or any such ordinance, rule or regulation shall continue shall constitute a separate offense. No town business license shall be issued or renewed until all fines outstanding against the applicant are paid in full.

(Ord. No. 17-0838, 4-11-17; Ord. No. 17-0861, 1-9-18)

(a)

The code enforcement official shall be empowered to enter upon the premises of any person subject to this article for the purpose of enforcing the provisions herein. Any person violating provisions of this article shall be subject to penalties as specified in section 17-620(a)(2) violations/penalties.

(b)

For signs within any public right-of-way, public beach, public beach access or other public lands: The code enforcement official is authorized to remove the sign without notice to the owner thereof.

(c)

For signs on private property: Where it is determined by the code enforcement official that a sign is illegal, abandoned, not being maintained, or is no longer being used for the purposes under which the original permit was issued, the code enforcement official shall notify the owner of the violation. If the violation is not corrected within fifteen (15) business days following notification, the code enforcement official may have the sign removed, and the land owner will be charged for the costs incurred by the town. The town may place a lien upon such owner's property and foreclose the same to collect the charges.

(d)

Any enforcement decision or order made in connection with the sign ordinance may be appealed in accordance with sections 17-223 and 17-224 of the Code of Ordinances for the Town of Surfside Beach, South Carolina.

(Ord. No. 17-0838, 4-11-17; Ord. No. 17-0861, 1-9-18)

The following signs are authorized in all zoning districts without a permit:

(1)

Governmental signs: Governmental signs for the control of traffic and other regulatory purposes, street signs, warning signs, and signs of public service companies indicating danger and aids to service or safety which are erected by, or at the order of a public officer or employee in the performance of the officer's or employee's duties. Such public signs may be of any type, number, area, height, location, or illumination as provided by law or by applicable building, fire, traffic, or similar codes.

(2)

Public signs: Signs required by governmental bodies or specifically authorized for a public purpose by any federal, state, or local law or code. Such public signs may be of any type, number, area, height, location, or illumination as provided by law or code. Such signs include handicapped parking signs, warning signs such as "flammable, high-voltage and emergency exit", and other similar signs.

(3)

Interior signs: Signs interior to an enclosed building or structure provided such signs are not intended primarily to entice customers into the business.

(4)

No trespassing, no dumping, no parking, no loitering, towing, and other similar signs: Not exceeding two (2) square feet in sign area per lot for residential uses and not exceeding four (4) square feet in sign area per lot for nonresidential uses.

(5)

Building identification numbers: Numerals used by property owner to comply with the requirement that property owners must mark their property using numerals that identify the address of the property so that public safety departments can easily identify the address from the public street.

(6)

Routine maintenance: A sign permit is not required for the repainting, cleaning, and normal maintenance.

(7)

Vehicle/trailer signs: Used in the normal course of business, provided all the following conditions are adhered to:

a.

Primary purpose of such vehicle or equipment is not the display of signs. Vehicles and equipment are not used primarily as static displays advertising a product or services, not utilized as storage, shelter, or distribution points for commercial products or services for the general public.

b.

Signs are painted upon or applied directly to an integral part of the vehicle. The sign is not allowed to alter the shape of the vehicle body nor project beyond the limits of the vehicle body.

c.

Vehicle/equipment is in operating condition, currently registered and licensed to operate on public streets, and actively used in the daily function of the business to which such signs relate.

d.

Have current insurance coverage.

e.

During period of inactivity exceeding five (5) working days such vehicle/equipment is not so parked or placed that the signs thereon are displayed to the public.

(8)

Sandwich/menu board signs: In the C2 district only. Signs shall have a maximum size limit of six (6) square feet and be on private property.

(Ord. No. 17-0838, 4-11-17; Ord. No. 17-0861, 1-9-18)

Charts 17-623(A), 17-623(B) and 17-623(C) below provide a summary of the signs permitted within the town's various districts. Chart 17-623(D) provides signs permitted for temporary uses:

(Ord. No. 17-0838, 4-11-17; Ord. No. 17-0861, 1-9-18; Ord. No. 18-0874, 10-23-18)

The following signs are prohibited in all zoning districts:

(1)

Any sign which by color, location or design resembles, imitates, or conflicts with an official traffic-control sign or signal.

(2)

Privately-owned signs located within any street, road, or public right-of-way, including a public beach access.

(3)

Any sign which obstructs free ingress or egress from a required door, window, fire escape or other required exit way.

(4)

Portable signs, including fluttering ribbons, pennants, streamers, inflated or tethered balloons, inflatable signs, spinners or other attention seizing device are prohibited in all zoning districts.

(5)

Signs painted on or attached to trees, rocks or other natural features, fence, fence posts, or utility poles.

(6)

Flashing signs and/or signs involving rotation, animation, or other forms of movement or moving illumination, excluding electronic message boards when complying with the requirements of the article.

(7)

Abandoned, obsolete, or dilapidated signs.

(8)

Beacons/spotlights.

(9)

'Spin' advertising: persons standing on street corners or on private property with a sign to advertise a business, they toss, twirl and maneuver the cardboard and or any other type material used for signage like a baton to entertain and catch the eye of people who walk or drive by their performance.

(10)

Off-premise signs, outdoor advertising signs and billboards.

(11)

Any sign which exhibits any pornographic pictures or words.

(12)

Any sign that violates any laws of the State of South Carolina.

(13)

Signs erected upon, against, or above a roof or roof eaves, or on top of the parapet.

(14)

Any sign which emits a sound, odor or visible matter.

(15)

Any vehicle sign where the sign projects beyond the manufacturer's profile of the vehicle and is displayed in public view under such circumstances as to indicate that the primary purpose of such display is to attract the attention of the public rather than to serve the business of the owner thereof in the manner which is customary for such vehicle. Floats in parades shall not be included in this prohibition.

(Ord. No. 17-0838, 4-11-17)

(1)

All signs shall comply with the following standards for construction and maintenance. Signs which do not meet the requirements of these provisions shall be repaired, corrected, or removed within thirty (30) days after receipt of notification from the code enforcement official:

(a)

All signs shall be constructed of durable materials and designed to meet all applicable requirements of the current international building and electrical code. Signs shall be constructed of durable, weather-resistant materials. All signs shall be maintained in good repair and in a safe, clean, and attractive condition.

(b)

All signs and supports, braces, guys, and anchors thereof shall be kept in good repair, refurbished and repaired from time to time, as necessary, and perpetually maintained in safe condition, free from deterioration, defective or missing parts, or peeling or faded paint, and able to withstand the wind pressure for which such sign was originally designed. Sign structures, framework, and poles shall be structurally sound.

(2)

Any sign, after thirty (30) days' notice, that remains in noncompliance with this section shall thereafter be declared to be abandoned or dilapidated.

(Ord. No. 17-0838, 4-11-17; Ord. No. 17-0861, 1-9-18)

To the extent illumination of a sign is allowed under this article, the following requirements are applicable:

Illuminated signs may be appropriate if they respect the proportions of the storefront and the other sign design guidelines. Use lighting that provides a true color rendition. The light source should be designed as part of the sign or hidden from view. Exterior lighting is preferred, but be cautious of exposed lights that produce glare and are unpleasant for customers and neighbors. Unattractive electrical fixtures, conduits and wires should be concealed. Exposed neon letters can be effective, adding color and vitality to the street, only if it is appropriate to the architecture of the building. Plastic, backlit signs shall have proper UL (Underwriters Laboratory) rating.

(Ord. No. 17-0838, 4-11-17)

Permanent signs that were in existence prior to the adoption of this chapter, which do not conform to the provisions of this article are declared nonconforming. It is the intent of this section to recognize that the eventual elimination, as expeditiously and fairly as possible, of nonconforming signs is as much a subject of health, safety and welfare as is the prohibition of new signs that would violate the provisions of this article. It is also the intent of this section that any elimination of nonconforming signs shall be effected so as to avoid any unreasonable invasion of established property rights. This section shall not apply to temporary signs.

Except as provided in the South Carolina Highway Advertising Act of the South Carolina Landowner and Advertising Protection and Property Act any sign made nonconforming by this article which was erected to the adoption of this article may be continued in operation after the effective date of this article, provided that nonconforming signs shall not be:

(a)

Changed with another nonconforming sign.

(b)

Allowed to remain if the principal use of the premises changes.

(c)

Structurally altered so as to extend their useful life.

(d)

Expanded.

(e)

Relocated.

(f)

Issued a new permit for the installation of any new sign on the premises until all signage on premises meets the new ordinance.

(g)

Reestablished after damage over fifty (50) percent of the value of the sign or destruction.

(h)

Modified in any way that would increase the degree of nonconformity of such sign.

(i)

Allowed to remain after a change of ownership of property.

(j)

Abandoned or obsolete signs.

All nonconforming signs on premises meeting any of the above shall be brought into conformance with the provisions of article VI within thirty (30) days. No additional signage shall be permitted on any premise without bringing the entire premise into compliance with this article.

(Ord. No. 17-0838, 4-11-17)

In addition to the definitions set forth in section 17-007, the following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section. All other words, terms, and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

Abandoned sign shall mean any sign which advertises or pertains to a business, product, service, event, activity or purpose which is no longer conducted or publicly available for a period of three (3) months, or which has not been in use or publicly available for three (3) months, or which is no longer imminent within a period of three (3) months, or any sign structure that fails to display any sign copy for three (3) months, or any sign which, for a period of three (3) months, has vegetation growing upon it, clinging to it, touching it or obscuring the sign face or sign parts or structure or any sign, for a period of three (3) months, which has not been maintained to be free of peeling, chipping, rusting, wearing and fading so as to be legible at all times or to be free of rusting, rotting, breaking or other deterioration of the sign parts shall be deemed to be an obsolete or abandoned sign. The passage of time alone under the above-delineated circumstances establishes abandonment or obsolescence. Abandonment does not require any element of personal or business intent to relinquish the rights one might have in sign placement as the term is used or defined in this article. Obsolete or abandoned signs, sign copy or sign structures are declared to be a public nuisance, are prohibited and shall be removed by the owner of the property or his agent after written notification from the code enforcement official.

Animated sign shall mean any sign, or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement.

Balloon, inflated or tethered shall mean an inflatable object or device that may or may not display commercial logos, that uses gases or air as a means of support and which is designed to draw attention to a product, service, or commercial activity.

Beacon/spotlight sign shall mean any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same lot as the light source, or any light with one (1) or more beams that rotate.

Billboard shall mean a permanent freestanding off-site sign which is generally used to rent or lease advertising space but which may also include noncommercial copy; also referred to interchangeably as "outdoor advertising sign" and "outdoor advertising billboard sign" and "billboard sign".

Changeable copy sign (manual) shall mean a sign where message copy is changed manually through the utilization of attachable letters, numbers, symbols, and other characters or changeable panels.

Construction sign shall mean a sign displayed on the site of a construction development project.

Copy shall mean all words, letters, numbers, figures, characters, artwork, symbols, or insignia that are displayed on a sign face.

Decorative artwork shall mean exterior works of art, such as statues, murals, and other graphics that do not advertise a product, service, or business. Decorative artwork shall not be considered a sign and is not regulated by this article.

Dilapidated sign shall mean a sign which the code enforcement official has determined is structurally unsound, has defective parts, or is in need of painting or maintenance.

Display time interval shall mean the length of time in seconds a message, graphic, or illustration is held constant, without oscillation or other change, on an electronic message board.

Directional sign shall mean any sign commonly associated with and limited to information and directions necessary and convenient for persons coming on the property, including signs marking entrances, parking areas, one-way drives, handicapped access, pickup and delivery areas and the like.

Electronic message board shall mean an electrical or electronic sign using digital technology or a pattern of lights to form various words or graphics which is capable of changing copy continuously.

Flashing sign shall mean any illuminated sign whose motion or visual impression changes through electronic means. Said signs include visual simulations of motion characteristic of chasing, running, blinking, oscillating, twinkling, or expanding or contracting light patterns.

Freestanding sign shall mean a sign which is permanently affixed to the ground and which is not a part of a building or other structure.

General advertising shall mean 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.

Governmental sign shall mean a sign erected and maintained pursuant to and in discharge of any governmental function or required by any law or ordinance or governmental regulation.

Home occupation sign shall mean a sign used in association with a home-based business that is allowed to be conducted in the dwelling occupied by the operator of the business.

House of worship shall mean any structure in which any recognized religion that has a tax-exempt status meets to practice its religion.

Illuminated sign shall mean any sign which emanates light either by means of exposed tubing or lamps on its surface or by means of illumination transmitted through the sign surface or which reflects lights from a source intentionally directed upon it.

Interior sign shall mean a sign which is completely enclosed within a building or structure, provided such signs are not intended primarily to entice customers into the business.

Mural shall mean a picture or design painted on the exterior of a structure. A mural is a sign if it contains any language or logos which advertise any product or service or if the mural identifies any business. In such instances, the mural shall be classified as an "off-site sign", a "wall sign", or other sign as defined herein and shall be subject to the limitations imposed by this article for such signs. See "Decorative artwork".

Occupied shall mean built or developed; not vacant.

Off-site sign shall mean a sign that advertises goods, products, services or facilities which are located on premises other than those where the sign is located.

Placard sign shall mean a temporary paperboard sign no larger than six (6) square feet in size and no taller than two (2) feet in height.

Political sign shall mean a temporary sign announcing or supporting political candidates or issues connected with any national, state, or local election.

Portable sign shall mean a sign designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes.

Principal entrance shall mean the entrance primarily used by customers/guests to enter a premises or building.

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

Roof sign shall mean a sign that is erected, constructed, or maintained above the roof of any building.

Sign structure shall mean any structure which supports, has supported or is capable of supporting a sign, including the decorative cover.

Temporary sign shall mean any sign, which is not designated or intended to be placed permanently.

Wall sign shall mean a sign painted on or attached to a wall of a building and in the same plane as the wall.

Warning sign shall mean a sign intended to warn the public of the existence of danger.

Window sign shall mean any signs attached to the glass/pane area of a building.

(Ord. No. 17-0838, 4-11-17; Ord. No. 17-0861, 1-9-18)