- GENERAL PROVISIONS
No building, other structure or land hereafter shall be used and no building, other structures or part thereof shall be erected, moved or altered unless in conformity with the regulations herein.
(Ord. of 6-3-2021)
(a)
Accessory use. A use customarily incidental and subordinate to the principal use of land or building, and located on the same lot with such principal use.
(b)
Alley. A public way which affords only secondary means of access to abutting property and not intended for general traffic circulation.
(c)
Building. Any structure enclosed and isolated by exterior walls constructed or used for residence, business, or other private or public purposes, or accessory thereto, and including trailers, manufactured homes, and unattached carports consisting of a roof and supporting members, and similar structures, whether stationary or movable.
(d)
Building, accessory. A subordinate building on the same lot as the principal building, consisting of walls or supporting members and a roof, the use of which is customarily incidental to the use of a principal building on the same lot.
(e)
Building, principal. A building in which is conducted the principal use of the lot on which it is located.
(f)
Building setback line. A line establishing the minimum allowable distance between the nearest portion of any building (including any uncovered porches, steps, eaves, gutters and similar fixtures), and the right-of-way of any street when measured perpendicularly thereto.
(g)
Club. A social facility for the use of the membership of an organization recognized by the Internal Revenue Service as tax exempt and their invitees.
(h)
Dwelling. Any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. The term "dwelling" shall not be deemed to include a motel, hotel, tourist home, or any structures designed for transient residence.
(i)
Dwelling, single-family. A dwelling used or designated as a residence for a single family.
(j)
Family. Any number of individuals living together as a single housekeeping unit.
(k)
Incidental home occupation. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use:
(i)
Is clearly incidental and secondary to the use of the dwelling for dwelling purposes (i.e., not to exceed 20 percent of the sum of the total gross floor area of the dwelling) and does not change the character thereof;
(ii)
Does not involve an exterior or window display of goods or pieces of merchandise for sale or rent upon the premises;
(iii)
Employs no person not a resident on the premises in connection with the home occupation;
(iv)
Does not involve the receiving of customers or clients at the dwelling; and
(v)
Does not involve a use that would have a significantly adverse impact on surrounding properties (e.g., noise, glare of lights, traffic safety, hours of operation).
This definition is not intended to, and does not permit the short-term rental of a dwelling for transient or temporary lodging purposes (i.e., a bed and breakfast).
(l)
Institutional use. Any use permitted by this ordinance in an institutional district.
(m)
Junkyard. Any land or area used, in whole or in part, for commercial storage and/or sale of wastepaper, rags, scrap metal or other junk, and including commercial storages of inoperative motor vehicles, boats, machinery or parts thereof.
(n)
Lot. A parcel of land in single ownership occupied or intended for occupancy by a principal building, together with its accessory buildings and the open space required under this ordinance. For purposes of this ordinance, the word "lot" shall be taken to mean any number of contiguous lots of record for location of one principal building and its accessory building.
(o)
Lot, corner. A lot which occupies the interior angle at the intersection of two street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. The street line forming the least frontage shall be deemed the front of the lot except where the two street lines are equal, in which case the owner shall be required to specify which is the front when requesting a building permit. Provided, however, that for any lot on which a dwelling was constructed prior to the effective date of this ordinance, the owner may specify that the front of the lot shall be the street line toward which the dwelling faces at the time such owner requests a building permit for the construction of an accessory building on the lot.
(p)
Lot of record. A lot which is a part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds of Craven County, or a lot described by metes and bounds, the description of which has been recorded.
(q)
Lot, depth. The distance measured from the midpoint of the front lot line to the midpoint of the rear lot line.
(r)
Lot, width. The distance between side lot lines as measured at the building line.
(s)
Manufactured home. "Manufactured home" shall have the same definition as provided in G.S. 143-145(7), or any successor statutory definition. Provided, however, in the event that G.S. 143-145(7) is repealed with no successor statutory definition, the term "manufactured home" shall mean a structure, transportable in one or more sections, which, in the traveling mode, is eight feet or more in width or is 40 feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, and includes plumbing, heating, air conditioning and electrical systems contained therein. Notwithstanding anything to the contrary herein, for purposes of this ordinance, the term "manufactured home" shall also include an on-frame modular home, as defined herein, but shall not include an off-frame modular home as defined herein.
(t)
Manufactured home park. Any site or tract of land which accommodates or is designed to accommodate manufactured homes, including any structure or enclosure intended for use as part of the equipment of such site.
(u)
Nonconforming structural setback area. The area encompassed by the outermost vertical perimeter of the nonconforming portion of a building or other structure constituting a nonconforming use.
(v)
Nonconforming use. The use of a building, other structure or land which does not conform to the use or dimensional regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance, or as a result of subsequent amendments which may be incorporated into this ordinance.
(w)
Parking space. The storage space of not less than nine feet by 18 feet for one automobile, plus the necessary access space.
(x)
Residential use. Any use permitted by this ordinance in a residential district.
(y)
Sign. Any words, lettering, figures, numerals, emblems, devices, trademarks, or trade names, or combination thereof, by which anything is made known such as the designation of an individual, firm, corporation, limited liability company, profession, business, commodity or product, and which is designed to attract attention, and/or convey a message.
(z)
Street. A roadway which affords the principal means of access to abutting property and has been dedicated to public use.
(aa)
Yard. An open space on the same lot as the principal building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
(bb)
Yard, front. A yard across the full width of the lot extending from the front building setback line to the street upon which the lot fronts.
(cc)
Yard, rear. A yard extending across the full width of the lot from the rear building setback line to the rear lot line.
(dd)
Yard, side. An open unoccupied space on the same lot with the principal building, situated between the side building setback line and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot; and if no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot.
(ee)
Off-frame modular home. A structure that is designed to be used as a dwelling, is manufactured in accordance with the specifications of modular homes under the North Carolina State Residential Building Code, and bears a seal or label issued by the Department of Insurance pursuant to G.S. 143-139.1, is composed of components substantially assembled in manufacturing plant, and which is not transported to its site on an integral/permanent chassis.
(ff)
On-frame modular home.
(1)
A factory-built structure that is designed to be used as a dwelling, is manufactured in accordance with the specifications for modular homes under the North Carolina State Residential Building Code, and bears a seal or label issued by the Department of Insurance pursuant to G.S. 143-139.1, and which is transported to its site on an integral/permanent chassis, or any other type of modular unit that does not expressly meet the definition of off-frame modular home as defined herein.
(2)
For purposes of this ordinance, an on-frame modular home constitutes a manufactured home as well, and is regulated herein as a manufactured home.
(Ord. of 6-3-2021)
No lawful nonconforming use of any building, other structure or land existing at the time of adoption of this ordinance or of any amendment hereto shall be affected by this ordinance or by any amendment hereto; provided, however, that no residential nonconforming use shall be enlarged, increased, or extended to occupy a nonconforming structural setback area greater than that occupied by such use at the time of the adoption of this ordinance or of any amendment hereto; provided further, however, that no other nonconforming use shall be enlarged, increased, or extended to occupy a greater area than that occupied by such use at the time of the adoption of this ordinance or of any amendment hereto. If such nonconforming use is discontinued for a continuous period of more than 180 days, any future use of said building, other structure or land shall be in conformity with the provisions of this ordinance.
A nonconforming use shall not be changed to any but a use listed as permitted in the schedule of district regulations for the district in which such nonconforming use is located.
No provision on this ordinance shall prevent the restoration of a nonconforming building destroyed by fire, explosion, other casualty or act of God or the public enemy if the restoration of such building is commenced within 180 days of the date of such damage and completed within the period of validity of the building permit issued therefor.
(Ord. of 6-3-2021)
Every building hereafter erected shall be located on a lot of record as defined in section 4.2. There shall be no more than one dwelling and its accessory buildings on one lot except as permitted herein.
(Ord. of 6-3-2021)
No building shall be erected on a lot which does not abut either a street as defined in section 4.2 of this ordinance or, if in a special development, a parking area or other open space used in common with other lots which in turn abuts a street as defined in section 4.2 of this ordinance.
(Ord. of 6-3-2021)
No lot, as defined in section 4.2, shall be reduced so that yards, width or area below the minimum required under this ordinance shall result.
(Ord. of 6-3-2021)
Vacant adjoining lots that are too small to meet the yard, width and area requirement of the district in which they are located and are in single ownership shall be considered as a single lot or several lots subject to the requirements of this ordinance.
(Ord. of 6-3-2021)
Parking areas required by institutional uses are permitted only in districts which allow institutional activities.
(Ord. of 6-3-2021)
(a)
Purpose. The purpose of this section is to preserve the residential character of Trent Woods, ensure traffic safety, and maintain visual harmony by establishing reasonable sign standards within all residential zoning districts. This ordinance [Ord. of 9-4-2025] regulates signage based on physical characteristics such as size, location, lighting, and method of display, and not on the content, message, or viewpoint expressed on any sign.
(b)
Applicability. This section 4.9 applies to all signs, regardless of message content or viewpoint, located in the following zoning districts designated for residential use: R-15S, R-20S, and manufactured home (hereinafter "residential zones").
(c)
Definitions.
(1)
Sign means any device, fixture, placard, or structure, that uses any color, form, graphic, symbol, or writing to advertise, attract attention, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. The following shall not be considered signs subject to the regulations of this section 4.9:
(i)
Signs erected by a governmental body, including, but not limited to, legal notices, identification and informational signs, traffic, directional, and regulatory signs;
(ii)
Cemetery markers;
(iii)
Lighting used to accentuate architectural or landscaping features;
(iv)
Signs identifying the name of a residential subdivision; and
(v)
Holiday and seasonal decorations.
(d)
Permitted signs in residential zones. The following signs, and no other, are permitted in residential zones:
(1)
Ground signs. Subject to the provisions of this section 4.9, ground-mounted signs that don't meet the definition of illuminated signs (as defined in subsection (e), below) are permitted in residential zones, provided that said ground-mounted signs shall not exceed a maximum of five square feet and shall not exceed a maximum height of six feet above grade.
(2)
Wall signs. Subject to the provisions of this section 4.9, wall-mounted signs that don't meet the definition of illuminated signs (as defined in subsection (e) below) are permitted on dwelling units, provided that said wall-mounted signs shall not exceed a maximum area of two square feet and shall be mounted flush against the dwelling unit.
(e)
Prohibited signs in residential zones. The following signs are prohibited in residential zones:
(1)
Illuminated signs. Signs using internal lighting of any kind, including, but not limited to, LED, neon, fiber optic, or other forms of illumination, are prohibited. For clarification, the term "internal lighting" shall include lighting sources of any kind that are located on or within the sign. A sign illuminated by an external lighting source, such as flood or spotlight, shall not be considered an illuminated sign.
(2)
Electronic message centers. Signs with changeable digital displays, scrolling text, blinking or flashing lights, or video screens are prohibited in residential zones.
(3)
Animated or moving signs. Any signs with moving parts or simulated motion (including reflective elements) are prohibited in residential zones.
(4)
[Other prohibited signs.] Any signs not permitted by subsection 4.9(d) are prohibited in residential zones.
(f)
Sign area calculation. The area of a sign regulated by this section 4.9 is measured by finding the area of the imaginary rectangle of vertical and horizontal lines, which fully enclose the sign, excluding supports of the sign.
(g)
Maintenance and condition. Subject to the provisions of section 4.10 below, all permitted signs must be kept in good repair, free from rust, fading, and damage. Any permitted sign exhibiting rust, fading or damage must be repaired or removed within 30 days after notice from the zoning enforcement officer.
(h)
Enforcement, penalties, and removal.
(1)
Initial procedure. If a violation of this ordinance is identified, the zoning enforcement officer will, where practicable, inform the property owner, and where different from the property owner, the occupant, manager, or responsible individual about the nature of the violation.
(2)
Notice of violation. If the zoning enforcement officer is unable to contact the responsible individual or if the violation remains unresolved within three business days of the initial discovery, the enforcement officer shall issue a formal notice of violation. This notice will be sent to the owner of the property upon which the sign is located, and, if applicable, the occupant (if different than the property owner), by first-class mail. The zoning enforcement officer may also send notice to any party involved in placing the sign. The notice shall provide the property owner or occupant with a period of 30 days to correct the violation.
(3)
Failure to comply. If a violation of this section 4.9 is not corrected within the 30-day timeframe set forth herein, the enforcement official shall initiate formal enforcement proceedings, including fines, removal, or other legal remedies as provided by the town's Code of Ordinances, including, but not limited to, penalties and remedies outlined in section 1-22 of the town Code of Ordinances.
(4)
Appeals. An appeal of any notice of violation or enforcement decision under this section 4.9 may be submitted to the town board of adjustment in the same manner as provided in section 4.8 of appendix 1 (zoning).
(i)
Viewpoint neutrality. Notwithstanding the provisions of this section 4.9 or the provisions of appendix 1 (zoning) of the town Code of Ordinances, no sign shall be subject to any limitation based upon the content or viewpoint of the message displayed on such sign.
(Ord. of 9-4-2025, § 1)
Any signs lawfully erected in residential zones before the effective date of the preceding section 4.9 that do not comply with the dimensional, lighting, location, or other physical standards set forth in appendix 1, article 4, section 4.9, shall be deemed a nonconforming sign, and they may remain in place, subject to the provisions below:
(a)
Nonconforming signs may undergo ordinary maintenance and repair (such as painting or sanding) or replacement of a broken part, so long as the new part is of the same material, size and dimension as the part being replaced. The maintenance and repair of a nonconforming sign may not result in:
(i)
An increase of its nonconformity;
(ii)
Enlargement of the sign;
(iii)
A change of the sign's dimensions; or
(iv)
A change to the sign's location.
(b)
Notwithstanding the provisions of subsection (a), above, regarding ordinary maintenance and repair of nonconforming signs, nonconforming signs that are destroyed or damaged to an extent of 50 percent or more of their value may only be reconstructed, repaired, or replaced if the resulting sign meets all dimensional, lighting, location, and other physical standards set forth in appendix 1, article 4, section 4.9.
(Ord. of 9-4-2025, § 1)
- GENERAL PROVISIONS
No building, other structure or land hereafter shall be used and no building, other structures or part thereof shall be erected, moved or altered unless in conformity with the regulations herein.
(Ord. of 6-3-2021)
(a)
Accessory use. A use customarily incidental and subordinate to the principal use of land or building, and located on the same lot with such principal use.
(b)
Alley. A public way which affords only secondary means of access to abutting property and not intended for general traffic circulation.
(c)
Building. Any structure enclosed and isolated by exterior walls constructed or used for residence, business, or other private or public purposes, or accessory thereto, and including trailers, manufactured homes, and unattached carports consisting of a roof and supporting members, and similar structures, whether stationary or movable.
(d)
Building, accessory. A subordinate building on the same lot as the principal building, consisting of walls or supporting members and a roof, the use of which is customarily incidental to the use of a principal building on the same lot.
(e)
Building, principal. A building in which is conducted the principal use of the lot on which it is located.
(f)
Building setback line. A line establishing the minimum allowable distance between the nearest portion of any building (including any uncovered porches, steps, eaves, gutters and similar fixtures), and the right-of-way of any street when measured perpendicularly thereto.
(g)
Club. A social facility for the use of the membership of an organization recognized by the Internal Revenue Service as tax exempt and their invitees.
(h)
Dwelling. Any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. The term "dwelling" shall not be deemed to include a motel, hotel, tourist home, or any structures designed for transient residence.
(i)
Dwelling, single-family. A dwelling used or designated as a residence for a single family.
(j)
Family. Any number of individuals living together as a single housekeeping unit.
(k)
Incidental home occupation. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use:
(i)
Is clearly incidental and secondary to the use of the dwelling for dwelling purposes (i.e., not to exceed 20 percent of the sum of the total gross floor area of the dwelling) and does not change the character thereof;
(ii)
Does not involve an exterior or window display of goods or pieces of merchandise for sale or rent upon the premises;
(iii)
Employs no person not a resident on the premises in connection with the home occupation;
(iv)
Does not involve the receiving of customers or clients at the dwelling; and
(v)
Does not involve a use that would have a significantly adverse impact on surrounding properties (e.g., noise, glare of lights, traffic safety, hours of operation).
This definition is not intended to, and does not permit the short-term rental of a dwelling for transient or temporary lodging purposes (i.e., a bed and breakfast).
(l)
Institutional use. Any use permitted by this ordinance in an institutional district.
(m)
Junkyard. Any land or area used, in whole or in part, for commercial storage and/or sale of wastepaper, rags, scrap metal or other junk, and including commercial storages of inoperative motor vehicles, boats, machinery or parts thereof.
(n)
Lot. A parcel of land in single ownership occupied or intended for occupancy by a principal building, together with its accessory buildings and the open space required under this ordinance. For purposes of this ordinance, the word "lot" shall be taken to mean any number of contiguous lots of record for location of one principal building and its accessory building.
(o)
Lot, corner. A lot which occupies the interior angle at the intersection of two street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. The street line forming the least frontage shall be deemed the front of the lot except where the two street lines are equal, in which case the owner shall be required to specify which is the front when requesting a building permit. Provided, however, that for any lot on which a dwelling was constructed prior to the effective date of this ordinance, the owner may specify that the front of the lot shall be the street line toward which the dwelling faces at the time such owner requests a building permit for the construction of an accessory building on the lot.
(p)
Lot of record. A lot which is a part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds of Craven County, or a lot described by metes and bounds, the description of which has been recorded.
(q)
Lot, depth. The distance measured from the midpoint of the front lot line to the midpoint of the rear lot line.
(r)
Lot, width. The distance between side lot lines as measured at the building line.
(s)
Manufactured home. "Manufactured home" shall have the same definition as provided in G.S. 143-145(7), or any successor statutory definition. Provided, however, in the event that G.S. 143-145(7) is repealed with no successor statutory definition, the term "manufactured home" shall mean a structure, transportable in one or more sections, which, in the traveling mode, is eight feet or more in width or is 40 feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, and includes plumbing, heating, air conditioning and electrical systems contained therein. Notwithstanding anything to the contrary herein, for purposes of this ordinance, the term "manufactured home" shall also include an on-frame modular home, as defined herein, but shall not include an off-frame modular home as defined herein.
(t)
Manufactured home park. Any site or tract of land which accommodates or is designed to accommodate manufactured homes, including any structure or enclosure intended for use as part of the equipment of such site.
(u)
Nonconforming structural setback area. The area encompassed by the outermost vertical perimeter of the nonconforming portion of a building or other structure constituting a nonconforming use.
(v)
Nonconforming use. The use of a building, other structure or land which does not conform to the use or dimensional regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance, or as a result of subsequent amendments which may be incorporated into this ordinance.
(w)
Parking space. The storage space of not less than nine feet by 18 feet for one automobile, plus the necessary access space.
(x)
Residential use. Any use permitted by this ordinance in a residential district.
(y)
Sign. Any words, lettering, figures, numerals, emblems, devices, trademarks, or trade names, or combination thereof, by which anything is made known such as the designation of an individual, firm, corporation, limited liability company, profession, business, commodity or product, and which is designed to attract attention, and/or convey a message.
(z)
Street. A roadway which affords the principal means of access to abutting property and has been dedicated to public use.
(aa)
Yard. An open space on the same lot as the principal building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
(bb)
Yard, front. A yard across the full width of the lot extending from the front building setback line to the street upon which the lot fronts.
(cc)
Yard, rear. A yard extending across the full width of the lot from the rear building setback line to the rear lot line.
(dd)
Yard, side. An open unoccupied space on the same lot with the principal building, situated between the side building setback line and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot; and if no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot.
(ee)
Off-frame modular home. A structure that is designed to be used as a dwelling, is manufactured in accordance with the specifications of modular homes under the North Carolina State Residential Building Code, and bears a seal or label issued by the Department of Insurance pursuant to G.S. 143-139.1, is composed of components substantially assembled in manufacturing plant, and which is not transported to its site on an integral/permanent chassis.
(ff)
On-frame modular home.
(1)
A factory-built structure that is designed to be used as a dwelling, is manufactured in accordance with the specifications for modular homes under the North Carolina State Residential Building Code, and bears a seal or label issued by the Department of Insurance pursuant to G.S. 143-139.1, and which is transported to its site on an integral/permanent chassis, or any other type of modular unit that does not expressly meet the definition of off-frame modular home as defined herein.
(2)
For purposes of this ordinance, an on-frame modular home constitutes a manufactured home as well, and is regulated herein as a manufactured home.
(Ord. of 6-3-2021)
No lawful nonconforming use of any building, other structure or land existing at the time of adoption of this ordinance or of any amendment hereto shall be affected by this ordinance or by any amendment hereto; provided, however, that no residential nonconforming use shall be enlarged, increased, or extended to occupy a nonconforming structural setback area greater than that occupied by such use at the time of the adoption of this ordinance or of any amendment hereto; provided further, however, that no other nonconforming use shall be enlarged, increased, or extended to occupy a greater area than that occupied by such use at the time of the adoption of this ordinance or of any amendment hereto. If such nonconforming use is discontinued for a continuous period of more than 180 days, any future use of said building, other structure or land shall be in conformity with the provisions of this ordinance.
A nonconforming use shall not be changed to any but a use listed as permitted in the schedule of district regulations for the district in which such nonconforming use is located.
No provision on this ordinance shall prevent the restoration of a nonconforming building destroyed by fire, explosion, other casualty or act of God or the public enemy if the restoration of such building is commenced within 180 days of the date of such damage and completed within the period of validity of the building permit issued therefor.
(Ord. of 6-3-2021)
Every building hereafter erected shall be located on a lot of record as defined in section 4.2. There shall be no more than one dwelling and its accessory buildings on one lot except as permitted herein.
(Ord. of 6-3-2021)
No building shall be erected on a lot which does not abut either a street as defined in section 4.2 of this ordinance or, if in a special development, a parking area or other open space used in common with other lots which in turn abuts a street as defined in section 4.2 of this ordinance.
(Ord. of 6-3-2021)
No lot, as defined in section 4.2, shall be reduced so that yards, width or area below the minimum required under this ordinance shall result.
(Ord. of 6-3-2021)
Vacant adjoining lots that are too small to meet the yard, width and area requirement of the district in which they are located and are in single ownership shall be considered as a single lot or several lots subject to the requirements of this ordinance.
(Ord. of 6-3-2021)
Parking areas required by institutional uses are permitted only in districts which allow institutional activities.
(Ord. of 6-3-2021)
(a)
Purpose. The purpose of this section is to preserve the residential character of Trent Woods, ensure traffic safety, and maintain visual harmony by establishing reasonable sign standards within all residential zoning districts. This ordinance [Ord. of 9-4-2025] regulates signage based on physical characteristics such as size, location, lighting, and method of display, and not on the content, message, or viewpoint expressed on any sign.
(b)
Applicability. This section 4.9 applies to all signs, regardless of message content or viewpoint, located in the following zoning districts designated for residential use: R-15S, R-20S, and manufactured home (hereinafter "residential zones").
(c)
Definitions.
(1)
Sign means any device, fixture, placard, or structure, that uses any color, form, graphic, symbol, or writing to advertise, attract attention, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. The following shall not be considered signs subject to the regulations of this section 4.9:
(i)
Signs erected by a governmental body, including, but not limited to, legal notices, identification and informational signs, traffic, directional, and regulatory signs;
(ii)
Cemetery markers;
(iii)
Lighting used to accentuate architectural or landscaping features;
(iv)
Signs identifying the name of a residential subdivision; and
(v)
Holiday and seasonal decorations.
(d)
Permitted signs in residential zones. The following signs, and no other, are permitted in residential zones:
(1)
Ground signs. Subject to the provisions of this section 4.9, ground-mounted signs that don't meet the definition of illuminated signs (as defined in subsection (e), below) are permitted in residential zones, provided that said ground-mounted signs shall not exceed a maximum of five square feet and shall not exceed a maximum height of six feet above grade.
(2)
Wall signs. Subject to the provisions of this section 4.9, wall-mounted signs that don't meet the definition of illuminated signs (as defined in subsection (e) below) are permitted on dwelling units, provided that said wall-mounted signs shall not exceed a maximum area of two square feet and shall be mounted flush against the dwelling unit.
(e)
Prohibited signs in residential zones. The following signs are prohibited in residential zones:
(1)
Illuminated signs. Signs using internal lighting of any kind, including, but not limited to, LED, neon, fiber optic, or other forms of illumination, are prohibited. For clarification, the term "internal lighting" shall include lighting sources of any kind that are located on or within the sign. A sign illuminated by an external lighting source, such as flood or spotlight, shall not be considered an illuminated sign.
(2)
Electronic message centers. Signs with changeable digital displays, scrolling text, blinking or flashing lights, or video screens are prohibited in residential zones.
(3)
Animated or moving signs. Any signs with moving parts or simulated motion (including reflective elements) are prohibited in residential zones.
(4)
[Other prohibited signs.] Any signs not permitted by subsection 4.9(d) are prohibited in residential zones.
(f)
Sign area calculation. The area of a sign regulated by this section 4.9 is measured by finding the area of the imaginary rectangle of vertical and horizontal lines, which fully enclose the sign, excluding supports of the sign.
(g)
Maintenance and condition. Subject to the provisions of section 4.10 below, all permitted signs must be kept in good repair, free from rust, fading, and damage. Any permitted sign exhibiting rust, fading or damage must be repaired or removed within 30 days after notice from the zoning enforcement officer.
(h)
Enforcement, penalties, and removal.
(1)
Initial procedure. If a violation of this ordinance is identified, the zoning enforcement officer will, where practicable, inform the property owner, and where different from the property owner, the occupant, manager, or responsible individual about the nature of the violation.
(2)
Notice of violation. If the zoning enforcement officer is unable to contact the responsible individual or if the violation remains unresolved within three business days of the initial discovery, the enforcement officer shall issue a formal notice of violation. This notice will be sent to the owner of the property upon which the sign is located, and, if applicable, the occupant (if different than the property owner), by first-class mail. The zoning enforcement officer may also send notice to any party involved in placing the sign. The notice shall provide the property owner or occupant with a period of 30 days to correct the violation.
(3)
Failure to comply. If a violation of this section 4.9 is not corrected within the 30-day timeframe set forth herein, the enforcement official shall initiate formal enforcement proceedings, including fines, removal, or other legal remedies as provided by the town's Code of Ordinances, including, but not limited to, penalties and remedies outlined in section 1-22 of the town Code of Ordinances.
(4)
Appeals. An appeal of any notice of violation or enforcement decision under this section 4.9 may be submitted to the town board of adjustment in the same manner as provided in section 4.8 of appendix 1 (zoning).
(i)
Viewpoint neutrality. Notwithstanding the provisions of this section 4.9 or the provisions of appendix 1 (zoning) of the town Code of Ordinances, no sign shall be subject to any limitation based upon the content or viewpoint of the message displayed on such sign.
(Ord. of 9-4-2025, § 1)
Any signs lawfully erected in residential zones before the effective date of the preceding section 4.9 that do not comply with the dimensional, lighting, location, or other physical standards set forth in appendix 1, article 4, section 4.9, shall be deemed a nonconforming sign, and they may remain in place, subject to the provisions below:
(a)
Nonconforming signs may undergo ordinary maintenance and repair (such as painting or sanding) or replacement of a broken part, so long as the new part is of the same material, size and dimension as the part being replaced. The maintenance and repair of a nonconforming sign may not result in:
(i)
An increase of its nonconformity;
(ii)
Enlargement of the sign;
(iii)
A change of the sign's dimensions; or
(iv)
A change to the sign's location.
(b)
Notwithstanding the provisions of subsection (a), above, regarding ordinary maintenance and repair of nonconforming signs, nonconforming signs that are destroyed or damaged to an extent of 50 percent or more of their value may only be reconstructed, repaired, or replaced if the resulting sign meets all dimensional, lighting, location, and other physical standards set forth in appendix 1, article 4, section 4.9.
(Ord. of 9-4-2025, § 1)