The purpose of this subchapter is to prevent the unrestricted proliferation of signs and to regulate signs in the interest of promoting the safety of vehicular and pedestrian traffic, protecting the public health and comfort, facilitating police and fire protection, protecting the identity and integrity of public rights-of-way , preventing over-crowding of land, and promoting an aesthetically pleasing visual environment.

(Ord. 2005-O3, passed 3-15-2005)

   No signs which are visible from any street , road, highway, sidewalk, or other public way may be erected, posted, reposted, placed, replaced, hung, painted, or repainted in any district except in compliance with this chapter. No provision of this chapter shall be construed as relieving any person , corporation, or other entity from any requirement or obligation he, she, or it has pursuant to the Town of Swansboro’s Historic District Ordinance.

(Ord. 2005-O3, passed 3-15-2005)

   (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, circle, or other shape, as appropriate, together with any material or color forming an integral part of the background for the sign. Surface area does not include the supporting framework or bracing.

   (B)   If the sign is made up of modules, the area between modules shall be included in the sign area computation.

   (C)   The sign area computation shall include all sides of the sign in which there is sign copy which can be seen.

(Ord. 2005-O3, passed 3-15-2005)

    The following types of sign shall be permitted in all districts, without issuance of a permit and without payment of any fee.

   (A)   Real estate residential signs provided that all of the following conditions are met:

      (1)   The sign shall be located upon the property which is being advertised for sale, rent, or lease;

      (2)   The sign has no more than two sides;

      (3)   The area of the sign is six square feet or less per side;

      (4)   The sign is not illuminated;

      (5)   An attachment with an area not exceeding two square feet may be added to such sign for purpose of identifying the agent or agency listing the property for sale or lease;

      (6)   Sign cannot be a banner , pennant, mobile , flag, or balloon signage; and

      (7)   Any sign permitted by this subsection shall be removed within five days after the sale, rental, or lease becomes final.

   (C)   Political campaign signs, provided the following are met:

      (1)   Candidates or their representatives must obtain a copy of the ordinance requirements from Town Hall and sign that they received a copy prior to installation of any signs;

      (2)   Signs shall be confined to private property and not located within any street-right-of way unless otherwise permitted by state law;

      (3)   No more than one sign per candidate shall be placed on any parcel;

      (4)   Permission must be obtained from the property owner where the sign(s) are to be placed or the adjacent property owner if placed in the state-maintained right-of-way;

      (5)   The owner of any property upon which the sign(s) are placed shall ensure the sign(s) are placed no sooner than 30 days prior to the first date of "one-stop" early voting and are removed within ten days of the election or referendum;

      (6)   Signs shall not create any unsafe conditions;

      (7)   The placement of leaflets, signs, posters, or bulletins on vehicle windshields, utility poles, trees, or other signposts is prohibited;

      (8)   The supporting structure is not included in the calculation of square footage. Signs shall not exceed six square feet in size or 42 inches in height measured from the ground. Signs outside of these parameters are prohibited.

      (9)   Signs may not be composed of multiple modules or segments, or be illuminated, and must be reasonably secured to prevent windblown debris or other damage to adjacent property;

      (10)   Signs affixed to or placed in parked utility trailers or in parked truck beds are prohibited;

      (11)   Mobile signs require a special use permit pursuant to § 152.270(F); and

      (12)   Signs placed unlawfully in accordance with this section may be removed pursuant to § 152.273 and G.S. § 136-32(f).

   (D)   Fence wraps displaying signage when affixed to perimeter fencing at a construction site are exempt until a certificate of occupancy is issued for the final portion of any construction at that site, or 24 months from the time the fence wrap was installed, whichever is shorter.

      (1)   If construction is not completed at the end of 24 months from the time the fence wrap was installed, the town will require a sign permit, but shall continue to allow the fence wrap to be affixed to the perimeter fencing.

      (2)   No fence wrap affixed pursuant to this section may display any advertising other than advertising sponsored by a person directly involved in the construction project and for which monetary compensation for the advertisement is not paid or required.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2009-18, passed 11-17-2009; Am. Ord. 2017-O1, passed 1-10-2017; Am. Ord. 2021-O3, passed 5-24-2021; Am. Ord. 2022-O5, passed 5-23-2022)

   The following types of sign shall be permitted in all districts, upon issuance of a permit approving the location of any such sign by the Administrator or his or her designee. No fee shall be charged for permits issued pursuant to this section.

   (A)   Real estate commercial signs must be located on the property which is being advertised for sale, rent, or lease, provided that all of the following conditions are met:

      (1)   The sign has no more than two sides;

      (2)   The area of sign is 32 square feet or less per side;

      (3)   An attachment with an area not exceeding two square feet may be added to such sign for purpose of identifying the agent or agency listing the property for sale or lease;

      (4)   Any sign permitted by this subsection shall be removed within five days after the sale, rental, or lease becomes final;

      (5)   The sign shall not be attached to trees, utility poles, or their support lines; and

      (6)   Sign cannot be a banner , pennant , mobile, flag, or balloon signage.

   (B)   Directional signs, such as those identifying an entrance, exit, or parking location provided that such signs shall be located entirely upon the parcel or tract of land to which the directional signs apply and does not exceed two square feet.

   (C)   Governmental signs with any legal notice, informational or directional sign required or authorized by any governmental agency or by law.

   (D)   Agricultural signs advertising the sale of agricultural products produced on the premises, provided that such signs shall not exceed 32 square feet in area total.

   (E)   Business banners , and feather flags which are used to advertise sales or announcements provided:

      (1)   Signs are located on the property of the business or leased unit that the sign relates to and are not displayed in undeveloped outparcels;

      (2)   Signs are not used more than 60 days in any calendar year per business;

      (3)   Signs shall not be larger than 32 square feet;

      (4)   Only one banner or feather flag is permitted per business at any time;

      (5)   Business banners and feather flags are prohibited in the Historic District;

      (6)   No unsafe condition is created; and

      (7)   Feather flags shall be displayed only during the times the business being advertised is open for business.

   (F)   Temporary event banners , yard signs and post-mounted signs for town-approved festivals and for events sponsored by non-profit organizations such as civic groups, church organizations, schools , and government agencies, provided that they are located in business, office and institutional, or government zoning districts along NC 24 or major thoroughfares and the following conditions are met:

      (1)   Signs are not installed more than 14 days prior to event and are removed within two days of event’s end;

      (2)   No more than eight devices are allowed for the same event at one time;

      (3)   Devices are not placed in rights-of-ways and are placed only with the permission of the property owners;

      (4)   Unsafe conditions are not created, and devices are not placed in unsafe locations;

      (5)   Signs and banners are not displayed above a highway without town and NCDOT approval in writing;

      (6)   Signs and banners are not placed within Historic District unless along Highway 24, on Town-owned property, or on private property within the B-2 HDO zoning district;

      (7)   The maximum size for each sign or banner is 32 square feet. The maximum height shall not exceed six feet; and

      (8)   Mobile signs , including trailer or vehicle-mounted signs, are prohibited, except directional or public information signs placed by the town at the Town Manager’s discretion, or by the North Carolina Department of Transportation.

   (G)   Construction signs , may be placed identifying the project, the owner or developer , architect, engineer, contractors, subcontractors, and funding sources or other related information provided the following conditions are met:

      (1)   Signs must be entirely on property where construction is taking place;

      (2)   Total residential signs area shall not exceed 32 square feet total. If a two-sided sign, each side counts toward total if NOT same copy;

      (3)   Total commercial signs area shall not exceed 100 square feet total. If two-sided sign, each side counts toward total if NOT same copy;

      (4)   All signs shall be removed prior to the certificate of occupancy or when applicable to the certificate of compliance; and

      (5)   Grouping of all signs shall be in the same area (adjacent to each other) without creating a traffic safety problem.

   (H)   Home occupation signs are allowed provided:

      (1)   There shall be not more than one sign per parcel of land;

      (2)   Signs shall be attached flat to the wall of the building and shall be non-illuminated; and

      (3)   Signs shall not exceed eighteen inches in any dimension nor a total area of 324 square inches.

   (I)   Subdivision signs (temporary) are signs advertising the sale of lots or buildings within new subdivisions in which they are located shall be permitted provided:

      (1)   Signs shall be non-illuminated;

      (2)   No more than one two-sided not exceeding 32 square feet per side shall be located at each major approach to the subdivision ;

      (3)   Signs shall be well maintained and in good structural condition;

      (4)   Display of such signs shall be limited to a period until 70% of all lots within the subdivision are sold; and

      (5)   Any and all signs must be on subdivision ’s property.

   (J)   Safety/warning Signs (i.e., “low clearance”) shall be permitted provided:

      (1)   The sign has no more than two sides;

      (2)   The area of the sign is six square feet or less; and

      (3)   The sign is not illuminated.

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2009-18, passed 11-17-2009; Am. Ord 2013-O13, passed 5-21-2013; Am. Ord. 2022-O4, passed 5-23-2022; Am. Ord. 2022-O5, passed 5-23-2022)

   No sign can exceed the allowed square footage without a variance.

      (1)   No billboard sign shall be placed within 2,000 feet of any residential district;

      (2)   No billboard shall exceed the following dimensions:

         (a)   Signs located 150 feet or more from the nearest street or highway right-of-way shall not exceed 20 feet in height, 20 feet in width, nor 200 square feet; and

         (b)   Signs located less than 150 feet from the nearest street or highway right-of-way shall not exceed 20 feet in height, 20 feet in width, nor 100 square feet;

      (3)   The following restrictions shall apply to spacing of outdoor advertising signs:

         (a)   No billboard sign may be located within 2,000 feet of any other billboard ;

         (b)   No more than two billboard signs facing in any one direction may be located within any one mile distance;

         (c)   No billboard sign may be located within 500 feet of any intersection of any two or more streets or highways as measured from the nearest point of intersection to such sign;

         (d)   No billboard sign may be located where there is less than ten feet from the bottom of the sign to grade ;

      (4)   All billboards shall be plainly marked with the name, address, and phone number of the person , firm or corporation responsible for the sign and its maintenance; and

      (5)   Billboards made nonconforming by the provisions of this section shall be brought into conformity.

         (a)   The town shall give written notice of its intent to require removal of a billboard sign by sending a letter by certified mail to the last known address of the owner of the sign and the owner of the property on which the sign is located.

         (b)   The payment of monetary compensation for the removal of any nonconforming, lawfully erected, billboard sign is required as provided in G.S. § 160D-912(d-f).

         (c)   In lieu of monetary compensation, the town may enter into an agreement to allow the relocation or reconstruction of the sign as provided in G.S. § 160D-912(g-k).

      (1)   The premise shall contain no more than one directory sign ;

      (2)   The maximum area of copy shall not exceed three inches by 15 inches for each identified activity, business, firm or tenant on the premise;

      (3)   The outdoor directory sign may either be changeable copy sign or fixed professional nameplates; provided that the standards of each are met; and

      (4)   The directory sign may take the form of any sign permitted in the zoning district provided that such sign shall comply with its applicable specification sign regulations.

      (1)   The following mobile sign types are allowed by special use permit (See figures 152.270.1 and 152.270.2)

      (1)   Each tract of land shall be required to use a monument sign whether the tract is subject to the multiple use sign requirement or not. Multi-tenant establishments will be allowed one monument sign per road frontage .

      (2)   Monument signs shall not exceed 64 square feet in sign area.

      (3)   No part of the sign, footing or anchorage shall extend beyond the plane of the property line upon which the sign is located or into any easement .

      (4)   The sign shall not be located in any part of a side yard .

      (5)   Where a building fronts on two streets , the total allowable square footage for the site can be equally distributed allowing for additional monument sign .

      (6)   A monument signs ’ total vertical height as measured perpendicularly to the ground shall not exceed the signs total width as measured from the ground. The ground cannot be altered more than 12 inches from the current natural grade .

   (H)   Multiple use signs (non-residential) provided:

      (1)   The principal use located on the property is one of the following: shopping center , shopping area, office center, or other unified commercial developments that are located in a non-residential zoning district;

      (2)   The allowed signage will be proportionally reduced for any properties less than three acres. If the property is greater than three acres, the sign may not exceed 160 square feet;

      (3)   The multiple use sign is not located on a vacant lot ;

      (4)   No part of the sign shall extend beyond the plane of the property line upon which the sign is located or into any easement ;

      (5)   Each tenant shall be allowed building signage, not to exceed 20% of the allowed useable wall area ;

      (6)   The multiple use sign does not exceed the maximum height for a monument sign - see division (G) of this section; and

      (7)   The maximum height for a monument sign shall not exceed 12 feet measured from grade or the most nearly adjacent road surface whichever is lower to the highest point of the sign.

         (a)   Each separate business shall be permitted signage on the building, not to exceed one square foot per one linear foot of buildingfrontage .

         (b)   The total combined area of building sign(s), freestanding or monument sign area shall not exceed 200 square feet.

   (K)   Portable signs provided:

      (1)   No part of a sign shall extend beyond the plane of the property line upon which the sign is located or into any easement ;

      (2)   No more than one portable sign is allowed per business or occupancy;

      (3)   Display area shall not exceed 16 square feet. If copy is different on each side of sign, then both sides count towards total area;

      (4)   Signs shall be displayed only during times when the business being advertised is open for business;

      (5)   Portable signs must be properly secured to prevent the sign from becoming windblown debris;

      (6)   Portable signs shall not be connected to or utilize an external power source, including (without limitation) by use of an electrical extension cord or cable;

      (7)   Certain Portable Signs are prohibited, due to their poor aesthetic appearance and detractive value (See Figures 152.270.3 and 152.270.4).

      (8)   Portable signs must be post-mounted or sandwich board-style signs (See Figures 152.270.5 and 152.270.6).

   (L)   Roof signs shall require a special use permit from the Board of Commissioners (see Special Uses - Roof Signs ).

      (1)   Signs shall be maintained in good repair and appearance.

      (2)   Signs shall be non-illuminated or indirectly illuminated.

      (3)   Signs shall not be erected in any streetright-of-way .

      (4)   There shall be only one sign along streetfrontage provided that, if the subdivision has more than 400 feet of street or road frontage and two entrances, then two signs shall be permitted.

      (5)   Copy area shall not exceed 16 square feet per sign.

      (6)   No extremity of the sign, including copy, shall exceed 64 square feet.

      (7)   No support column shall exceed a height of eight feet.

      (1)   Each tract of land shall be permitted one monument sign. See division (G) of this section.

      (2)   Signage on the building shall not exceed one square foot per one linear foot of principal building frontage. The square footage permitted can be equally distributed on the site allowing for signage on multiple structures not to exceed the total allotted.

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2009-18, passed 11-17-2009; Am. Ord 2013-O13, passed 5-21-2013; Am. Ord. 2022-O4, passed 5-23-2022; Am. Ord. 2022-O5, passed 5-23-2022)

   (A)   No principal use signs, canopies, wooden or metal marquees, or other structures shall project beyond any public right-of-way line or into an easement . No signs shall occupy any of the area required by this chapter as side yard .

   (B)   Site line requirements at intersections shall meet the site line triangle requirements of the North Carolina Department of Transportation.

(Ord. 2005-O3, passed 3-15-2005)

   The following types of signs are prohibited in all districts unless otherwise noted. Any sign located, placed, or allowed to remain in violation of this section may be impounded by the Administrator or his designee. Any sign impounded under this section shall be returned to the owner(s) thereof upon the following conditions: (a) The owner(s) shall provide the Administrator or his designee satisfactory proof of ownership of such sign; and (b) The owner(s) shall pay all applicable penalties assessed on account of such sign. Any such sign not claimed within ten days after its impoundment shall be considered abandoned by the owner(s) thereof and the Town of Swansboro may thereafter dispose of any such sign not reclaimed by the owner thereof within ten days after its impoundment.

   (A)   Signs which are a copy of or deceptively similar to any official highway sign.

   (B)   Signs with flashing or moving lights if the sign and/or flashing lights are visible from any residence, or any street or thoroughfare open to vehicular traffic.

   (C)   Signs that obstruct visibility on any street , highway, or thoroughfare or at any intersection thereof.

   (D)   Signs which are erected or maintained upon trees, painted or drawn upon rocks or other natural features, or attached to utility poles.

   (E)   Signs that obstruct access to or from any window, door, fire escape, or any other opening intended to provide light, air, ingress, or egress to or from any room or building as required by law.

   (F)   Signs located in or over any street , highway, or any other public right-of-way .

   (G)   Signs which are illegal under state or federal law.

   (H)   Signs not in good repair.

   (I)   Signs not securely affixed to a substantial structure, except for mobile signs allowed as a special use in § 152.211.

   (J)   Signs which are painted on buildings which conduct a use not advertised by said sign.

   (K)   Signs which are not designed or constructed according to generally accepted engineering practices to withstand wind pressures and load distribution as set forth in the North Carolina Building Code and other applicable codes. Provided, however, that this division shall not apply to prohibit freestanding signs :

      (1)   Which have an area less than or equal to 32 square feet per side; and

      (2)   Which are not more than six feet from the ground to the top of the sign; and

      (3)   Which are supported by at least two support posts equivalent to two 4" x 4" treated wooden posts, buried at least four feet in the ground.

   (L)   Signs which do not meet the National Electric Code, when wiring or electrical connections are used.

   (M)   Primary freestanding signs which are not monument signs unless the sign is located in the Historic District and is therefore subject to the Historic District Design Guidelines.

   (N)   Signs commonly referred to as "yard signs" unless related to a town approved festival or non-profit event (see § 152.269 and Figure 152.270.7).

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. passed 2-19-2013; Am. Ord. passed 6-27-2017; Am. Ord. 2022-O6, passed 4-11-2022; Am. Ord. 2022-O4, passed 5-23-2022)

   Any sign existing as of the date of passage of this amendment which is not in conformity with the provisions of this amendment and other applicable ordinances, shall be deemed a nonconforming sign. Except as otherwise specifically addressed by this chapter, nonconforming signs existing on the date of passage of this amendment shall be allowed to remain in existence subject to the following provisions:

   (A)   At such time as any nonconforming sign receives structural damage from any source whatsoever, whether accidental, an act of God, or otherwise, and such damage amounts to at least 50% of the sign’s supporting structure, the sign must be replaced with a conforming sign. For the purposes of this subsection, damage to the face of the sign which does not otherwise damage the supporting structure of the sign shall NOT require the sign to be replaced; however, the sign area shall not increase beyond what was originally in place. No additional lighting shall be added to any such sign.

   (B)   If the principal use of the property changes, any nonconforming signage must be replaced by conforming signage or removed from the premises prior to the issuance of a certificate of occupancy.

   (C)   If an existing building is vacant for more than 180 days without the intent to reestablish the previous use, any nonconforming signage must be replaced by conforming signage or removed from the premises prior to the issuance of a certificate of occupancy.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2022-O6, passed 4-11-2022)

   No sign shall hereafter be erected, constructed, altered, or maintained except as provided in this chapter, until a permit for the sign has been issued by the Administrator and the fee paid.

      (1)   Name, address, and phone numbers of the applicant and owner of the property if different from the applicant; and

      (2)   A description of the sign for which a permit is requested, including at least the area, size, layout, proposed design, method and type of illumination if any, and such other information as the Administrator reasonably requires in order to pass upon the application.

   (B)   Altered also includes: change of building use, size of sign, and/or name of business. Exceptions shall include: (1) if same owner or tenant; and (2) color change but same business unless in Historic District.

   (C)   (1)   Any sign erected, constructed, altered, or maintained without the proper permit may be impounded by the Administrator or his designee. Any sign impounded under this section shall be returned to the owner r(s) thereof upon the following conditions:

         (a)   The owner (s) shall provide the Administrator or his designee satisfactory proof of ownership of such sign; and

         (b)   The owner (s) shall pay all applicable penalties assessed on account of such sign.

      (2)   Any such sign not claimed within 30 days after its impoundment shall be considered abandoned by the owner (s) thereof and the Town of Swansboro may thereafter dispose of any such sign not reclaimed by the owner thereof within 30 days after its impoundment.

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. passed 2-19-2013; Am. Ord. 2013-O9, passed 4-16-2013)

   (A)   To insure that signs are erected and maintained in a safe and aesthetic manner, it shall be unlawful for any sign designed to be visible from any public street or highway within the jurisdiction of the Town of Swansboro to be erected or maintained by any person , other than by a sign contractor properly licensed under North Carolina State Statutes or by a designated representative of such licensed contractor, except that this requirement shall be interpreted to exclude those persons who construct and erect a principal useidentification sign when said sign is used at said person ’s place of business and to exclude licensed general contractors erecting signs as part of a permitted construction or renovation project; provided, however, in all cases, all erection must be properly permitted and inspected for compliance with the applicable codes of the State of North Carolina and the Town of Swansboro and with other parts of this subchapter.

   (B)   The following maintenance requirements must be observed for all signs visible from any public street or highway within the jurisdiction of this subchapter.

      (1)   No sign shall have more than 20% of its surface area covered with disfigured, cracked, ripped, or peeling paint or plastic or banner material for a period of more than 30 successive days.

      (2)   No sign shall be allowed to stand with bent or broken sign facing, broken supports, loose appendages or struts or be allowed to stand more than 15 degrees away from the perpendicular for a period of more than 30 successive days.

      (3)   No sign shall be allowed to have weeds, vines, landscaping, or other vegetation growing upon it and obscuring its view from the street or highway from which it is to be viewed for a period of more than 30 successive days.

      (4)   No neon or internally illuminated sign may be allowed to stand with only partial illumination for a period of more than 30 successive days.

      (5)   If a sign or sign structure is damaged such that more than 50% of the value is lost, with such determination made by the Administrator , any repair or replacement must be done in conformance with this section.

   (C)   The Administrator may inspect all signs for compliance with these maintenance requirements.

(Ord. 2005-O3, passed 3-15-2005)

   The Table of Permitted and Special Use Signs delineates the types of signs permitted within the various zoning districts in the Town of Swansboro (see § 152.170 for a complete description of the individual zoning districts).