2001-08-06 RM Exhibits27.4.1
INTRODUCED BY: Allen O'Neal, County Manager
DATE:
August 6, 2001
RESOLUTION PROPOSING ACCEPTANCE OF THE OFFER TO PURCHASE REAL
PROPERTY LOCATED AT RANKIN STREET (NORTH END OF 16TH STREET)
LEGISLA TNE INTENT/PURPOSE:
This resolution relates to the proposed sale of surplus property owned jointly by the City of Wilmington and
New Hanover County, more particularly identified as follows:
. Parcel Number
3128-18-30-7960.000
. Address
. RankinStreet
Amount of Offer
$5,900.00
Tax Value
$5,164.00
Property Dimensions
88' x 168'
Offeror
.. Lucille Hartley
402 N. 16th Street, Wilmington, N. C.
This parcel was not offered to the non-profit organizations constructing owner-occupied houses because the
parcel is landlocked and accessible only to adjacent property owners.
The offeror(s) has agreed to pay the amount(s) indicated above for the parcel(s) identified.
The parcel(s) has been declared surplus by the County Comri1issioners and not needed for public purposes.
RESOLVED:
1. That pursuant to N.C.G.S. l60A-269, the County Commissioners does hereby propose to accept the offer(s)
to purchase identified herein from the offeror(s) as indicated.
2. That New Hanover County reserves the right to reject any and all offers.
3. That New Hanover County will retain any deposit posted by the offeror(s) when:
a. The offer is withdrawn after posting the deposit.
b. The offeror(s) fail to pay the balance of an approved offer, due in cash, within ten (10) days of receipt
of a notice by certified mail of availability of the deed of conveyance.
4. The offeror( s) shall deposit the sum of 5% of the total offer immediately following adoption of this
resolution.
5. That the Clerk of the Board of Commissioners will publish a notice of the offer(s) as required by N.C.G.S.
l60A-269.
Ado~ted at n~l~r _ T
meetmg on /~ ~
ATTEST:
·(;22"A.~.V )1
. "_'/ CCï:k to the Board
"
,it
ADVERTISEMENT FOR UPSET BIDS
SALE OF SURPLUS PROPERTY
BY THE CITY OF WILMINGTON AND/OR NEW HANOVER COUNTY
By resolutions duly adopted by the City Council and the Board of Commissioners, the City and/or
County proposes to sell the real property identified as follows:
TAX PARCEL NO: R03l28-l8-30-7960.000
DEED BOOK: 1415 DEED PAGE: 1456
DESCRIPTION: Vacant parcel 88' x 168' (Landlocked)
ADDRESS: 0 Rankin Street
OFFERER: Lucille Hartley
AMOUNT OF OFFER: $5,900.00
All offers are subject to the following terms and conditions:
(1) That the offers are unconditional and may not be revoked,
(2) That the City and/or County shall retain any deposit posted if any offerer fails to pay the
balance due in cash and secure the deed within 10 days of notice,
The proposed sale of this property is subject to upset bid, Any person may raise the bid by not less
than 10% of the first $1,000 and 5% of the remainder within 10 days of the below date. Upset bids may
be in writing and must be delivered to the City Clerk, accompanied by a deposit of 5% of the total
increased bid,
The City Council and/or the Board of Commissioners reserve the right to reject any and all offers
at any time.
This the 23rd day of August, 2001.
A. PENELOPE SPICER-SIDBURY, CITY CLERK
LUCIE HARRELL, COUNTY CLERK
Published: August 23,2001
27.4.2
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and publicly opened by the Finance
Department at 3:00 p.m., on the 22n9 day of May, 2001, at the County Administration Building,
. . ~ ~
320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for an
upgrade ofthe overhead bridge crane for the W ASTEC Facility of the Environmental Management
Department, Bid # 01-0308:
Morris Material Handling, L.L.C,
Hoist & Crane Service Group
$411,500.00
$424,975.00
AND WHEREAS, both bids received exceeded the amount budgeted for the upgrade;
AND WHEREAS, the Enyironmental Management staff will review specifications, make
modifications, and then re-bid the project; ..
AND WHEREAS, the Environmental Managem~nt Director, the Finance Director and the
County Manager recommend that the bids received be rejected;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the bids received for an upgrade to the overhead bridge crane for the W ASTEC
Facility ofthe Environmental Management Department, Bid # 01-0308 be rejected,
This 6th day of August, 2001.
, 0An . .
Chairman, Bo;~ounty Commissioners
TEST: "4 /
'~\/ /f~
Cl k to the Board
27.4.3
BankofAmerica ..
.,,{ 7, ~3
BANK OF AMERICA, N,A, (THE "BANK")
Certified CoPy of Corporate Resolution. . Opening
and Maintaining Deposit Accounts and Services .
Name of Corpol'ntion
New Hanover County
I, the under"igned, herehy certifY to Bank o~ America" ,thnt I nm theC~~g, nOn~ tlçety Comm
de"ignated keeper of the record" and minute" of ew tianover County .
duly nrgnnized and existing under the laws of the State of North Carolin~the "COI'porntion"); that the following i" a true copy ot'
re"olution" duly adopted hy the BO/ll'd of Dil'ectOl's of said Corporation nt a meeting duly held on the -6..t.h... day of A 11 E" c: t' ? 00 1
at which a 'lIol'lIm wa" pre"ent nnd acted throughout or adopted hy the unanimou" wl·itten consent of the Board of Director,,; and that "lIch
re"ollltion" are in full force and etTect and have not heen nmended or re"cinded,
Bank of America
1. Resolveel, that (the "Bank") is herehy designated as n depository of the Coq)()rntion and
that depoBit accounts andlOl' time depositO' (CD,,) he opened and mnintained in the name of this Corporation with Bank in accordance with the
tel'mB of the Bnnk'B Deposit Agreement and DisclosureB and the applicahle rules and regulation" for Buch accountR; that anyone of the following
officers "'. employees ofthis Corporation (insert lilies, nol names).
Finance Director
Title , ,
Deputy Flnance Dlrector
Title
Assistant Finance nirpr~nr
Title
Assistant Chief Jailer
Title
Service Desk Sgt
Title
Secretary
Title
Title
Title
if' herehy authorized" on he half of this Corporation and in its name, to execute and to sign any application, deposit agreement, "ignature card and
any othel' documentation required hy Bank to open "aid accounts¡ to sign checks, drafts, note", hills of exchange, acceptance", time dep<,,,its (CD,,)'
01' other order" for payment of money¡ to endorse checks, drafts, noteB, hill¡:, time deposit¡: (CDI') or other inBtrument" owned 01' held hy thi"
Corpot'ation for deposit with Bank or for collection or discount hy Bank; to accept drafts, acceptance¡¡, and othe.' inRtt'uments pnynhle at Bank; to
plnce ordel'R with Bank for the purchase and sale of foreign cUl"I'encieR on hehalf of this Corporation¡ to execute and delive,' an elect/'f>nic fund
trall"fers agreement nnd to make tran¡:fers or withdrawnls hy electronic tran¡:fer on hehalf of the COI'poration;':to ohtain an aCceR¡¡ device
(including hut not limited to a clU'd, code, or other mean¡¡ of acce¡:s to the Corporation'R account¡¡) that mny he used for the,purp<)~e of initiating
electt'onic fund tran¡:fers [Corporation agrees and acknowledges that neither the Electronic Funds Tran¡¡fer A<:t'l15 'tJ.:~;C,·'1693 ,et ¡¡e<¡,) nor
Regulation E (12 C,FR Part 205) are applicahle to any such acces" device]; to e8tahlish and maintain a night depo~it,!:~Ja,t.¡;,n;'hip; ~'execute and
deliver a wire tran¡:fel' agreement and to reque"t, or to appoint 01' delegate from time to time such persons who mily,,'~queBt, wir,e8 of fundI'; to
enter into flny agreements with the Ban k for the proviBion hy Bank of variou¡: Trea¡:ury Management serviceI' to this Corpöration.'ai< ¡:uch officer
or employee may determine, in hi" or her "ole discretion, and to ¡:ign any and all document" and take all actions required hy Bank relative to such
TI'eflsm'y Management services or the performance of the Corporation's ohligation¡: thereundel', and that any ¡:uch Trea¡¡ury Management
agreement(R) "hall remain in full force and eft'ect until written notice to terminate given in accordance with the tet'm8 of any such agt'eement ¡¡Itall
have heen ./'eceived hy Bank and thnt ¡¡uch termination ¡:Imll not affect any aetion taken hy the Bank prior to ¡¡uch termination; to I'ent or lea¡¡e a
,,"fe dep<.¡:it hox from Bank, to exeeute the rental agreement or lea"e, to enter the Bafe depo¡¡it hox and to termin/lte the rentalag/'eement or lease;
to take wh/ltevel' othel' action¡¡ or enter into whatever other agreement¡¡ relating to the nccount¡: or investment of fundI' in "uch accountR with
Bank and to execute, amend, ¡:upplement and deliver to Bank "uch agreementI' on he half of the C""po/'ation upon ¡¡uch tel'm¡¡ and conditions a"
¡:uch onice/' 01' employee may deem app/'opriate and to appoint and delegate, from time to time, ¡¡uch per¡¡on(s) who may he authorized to enter into
"uch agreement¡¡ and take any othel' actionI' pur¡¡uant to ¡:uch agreements in connection with ¡:aid account¡: that the ofticer (1/' employee deem"
neces"ary; nnd to waive preRentment, demand, prote¡:t, and notice of protest 01' di¡:honor of any check, note, hiJl, draft, or other inBtl'umentmade,
dl'awn (1/' endOl'sed hy thi¡¡ Corporation¡ and
2. FuriÌlerResoiveci, that the Bank he ana IS herehy authorized to honor, receiv.., certify, payor exchange for money OI'del'R Of other
inBtruments nJl instruments ¡¡igned in accordance with the foregoing re¡:olutions even though ¡:uch payment may create an overdraft 01' even
though ¡:uch' inBtrument¡: may he drawn or endor¡:ed to the m'der' of any ofticer or employee signing the "ame or tende"ed hy such ofticer or
employee or a third party for exchange or caliOhing, 01' in payment of the individual ohligation of "uch officer or employee, or for deposit to ¡:uch
ot1icer'" 01' employee'¡¡ personal account and Bank ¡:hall not he required or he under any obligation to in<¡uil'e a¡: to the circum¡:tance" of the
¡¡¡suance 01' u"e of any instrument Rigned in nccordance with the foregoing I'esolutions or the application or di"po¡:ition of "uch in¡¡trument 01' the
pl'oceed¡¡ thel'eof; and, further, that the Bank is authorized to honor any in¡:tructionliO regm'ding withd/'flwal", OI'derB for payment or tranBfer of
fund" whether ol'al, hy telephone or electronic meanliO if ¡:uch withdrawal, orde;'B 01' trnn¡:fer are initiated hy an ahove auth(l/'ized omcer 01'
employee; and
3. Further Resolveel, that the Bank he and is herehy re<¡ue"ted, authorized and directed to honol' nnd to treat a" nuthorized, check", dl'aft" or
other' OI'del'" for the payment of money drawn or purportedly drawn in thiB Corporation'¡¡ name, including tho"e payahle to the individual ordel' of
any pel'Bon who¡:e name appear¡¡ thereon as "igner thereof, when hearing or purporting to hear the f/lcsimile "igllatm'e of an officer or employee
authot'Ìzed in the foregoing resolutions and Bank "hall he entitled to honor, to treat as authorized, and to chnrge thi" Corpol'lltion fOl' "uch check!',
drafts, 01' oth"I' orders regard!es¡¡ of hy whom or hy what mean¡: the actual or pw'ported fac¡:imile Rignature thereon may have heen affixed thel'eto,
if "lIch ¡¡ign/ltul'e l'esemhleR the fac"imile "pecimen duly certified to 01' filed with the Bank hy the Secl'etary or AR¡¡i"tant Secl'et,wy or ot.hel' officer
of this COI'pOl'ation or if Buch facBimile "ignature l'e¡¡emhleR any facRirri.ile "ignature previou¡:ly affixed to any check, dl'aft, OJ' othel' ol'del' dmwn in
the COI'poration'" name, which check, dJ'aft, 01' othel' order was accepted and paid without timely ohjection hy the COI'pol'atioll, thel'ehy I'fItifying
t.he u"e of "lIch fac¡:imile "ignature¡ /lnd the Corpol'ation herehy indemnifie" and hold¡¡ the Bank harmle,,¡¡ agnin¡¡t any find alllo,,¡¡, cost, damage or
expen"e "uffel'ed or incurred hy the Bank ari"ing out of or in any way related to the mi¡¡u¡¡e or unl/lwful 01' unauthorized U¡¡" hy a pe""on of "uell
facRimile "ignatw'e¡ and
OO·\~·HOllM 6-.1\1HH NNC
..
4. Further Resolved, that endor~ements for depo~it may be evidenced by the name of the COl'porution being written or ~tamped on the check
01' other in~tl'ument depOl!Íted, without de~ignation of the plU1;y making the endol'~ement, and Bank i~ authorized to supply any eRdol'sement on
any instt'ument tendel'ed for deposit 01' collection; and
5. Further Resolved, that tht! St!crt!tlU'y or A~~i~tant Secretary of thi~ Corporation ~hall certifY to Bank name~ and ~ignature~ of persons'
authol'Ìzt!d to act on he half of thi~ Corporation under the foregoing re~olution~ and ~hall from time to time ht!rettfter, a~ changt!s in tht! id.mtity of
~aid officers and employees lU'e made, immediately report, furni~h and certifY such change~ to Bank and shall submit to Bank a neW account
signature card rt!tlecting such change(s) in order to make such change~ effective and Bank ~hall be fully protected in I'elying on such cel,titÏo.:utions
und shull he indemnitied and saved hal'mles~ from any claims, demands, expenses, los....s, or damages resulting from, or growing out of,. honol'Ìng
the ~ignatul'e of any ofticer 01' employee ~o cel1;itied, 'or refu~ing to honor any ~ignature not ~o certitied; and
/
6. Further Resolved, the till'egoing rel!olutionl! I!hall remain in full force and effed and the authOl'ity hel,t!in given to all of I!aid pel'l!()n~ I!hall
I,.,muin ilTevocahl" al! flU' as Bank il! conc"I'n"d until three (3) bu~ines~ daYI! ttfter Bank is notitied in writing of the revocation of ~uch autllOl'Ìty
and that I'eceipt of ~uch notice shall not aired any adion taken by said Bank priOl' thereto; and
7. Further Resolved, that all tranl!adions by any officer or employee ofthi~ Corporation on its behalf and in itl! name with Bank prior to th~
delivery to Bank of a certified copy of the fOl'egoing rel!olutionl! are, in all respects, hereby ratitied, contirmed, approved and adopted; and
8. Further Resolved, that the Secretary or A~~il!tant Secretary be and hereby is, authorized and direded to certify these retlOlutions to ¡¡aid
Bank und that the pl'ovil!ions hereof ar" in contol'mity with the Chæ1;el' or Article~ of Incorporation and Bylaw~ of this Corporation and thut the
SecI'ettu'y 01' Assistant SecI'etary he, and hereby is, authorized and dire(.1;ed to certifY, from time to time herettfter, the names of the holderl! oHhe
ahove authlll'ized titles and their I!ignatw'el! on any I!ignature card or other documentation required hy said Bank,
In Witnes. Wh~reof, I hav" h"reunto I!Hbl!cribed my !lam.. and aftix"d the .,eal oHhil! Corporation, thil!
. oftJO! ' '
$~
4;o.~
day of
t7~h' )::
Chairman, New over County Board of County
Commissioners
Bcink Information
Date
Banking Centel' Name
ASl!ociate'l! Name
A"I!<)ciat"',,, Phon" Number
27.4.4
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF.
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and publicly opened by
the Environmental Management Department at 2:00 p,m, on the 19th day of July, 2001, at
" the New Hanover County Environmental Management Administration Building, 3002 ,
Highway 421N, Wilmington, North Carolina, and the follOwing bids were received for
the construction of Cell 6A and 6B at the New Hanover County Landfill:
Bidder Cell 6A Cell 6B Total Alternati ve Total with
1 Alternative
1
Thalle $1,642,020,00 $1,217,693,50 $2,859,703.50 $770,000,00 $3,629,703,50
Construction
, Allen Grading No bid No bid No bid No bid No bid
ES&J, $1,297,109;50 $956,103,85 $2,253,213,35 $598,000,00 $2,851,273.40
Enterprises, Inc
SE $1;479,510,50 $1,364,705,60 $2,844,216,10 $900,000,00 $3,744,216,10
Environmental
Contracting
Phillips & $1,601,306,00 $1,196,154,00 ' $2,797,460,00 $703,500,00 $3,500,960,00
jordan, Inc.
Atlas Resource $1,600,023.00 $1,238,265,50 $2,838,288.50 $550,000,00 $3,388,288,50
Management
AND WHEREAS, according to,G,S, 143-132, if fewer than three bids are
received after the first advertisement for a formal construction bid, a second
advertisement of the proposal shall be made and after this second advertisement, the
contract may be awarded even if only one bid has been received;
'0
AND WHEREAS, after the first advertisement, only two bids were received and
, the project was re-advertised as required by General Statutes after which five bids were
received;
. AND WHEREAS, Post, Buckley, Schuch, & Jerrnigan, Inc" the consulting
engineers for thè project have reviewed the proposals and recommend award to ES&J
Enterprises,Inc,;' ,
AND WHEREAS, the Environmental Management Director and the County
,Manager recommend that the contract be awarded to ES&J, Enterprises, Inc" a North
Carolina corporation, the lowest responsible bidder in the amount of Two Million Two
," ~
Hundred Fifty Three Thousand Two Hundred Thirteen Dollars, and Thirty Five Cents,
($2,253,213,35);
AND WHEREAS, One Million Two Hundred Ninety Seven Thousand One
Hundred Nine Dollars and Fifty Cents ($1,297,109.50) is available in the Department
of Environmental Management Landfill fiscal year 2002 budget for the construction of
Cell 6A;
AND WHEREAS, Nine Hundred Fifty Six Thousand One Hundred Three Dollars
and Eight Five Cents ($956,103,85) will be appropriated in the Department of
Environmental Management Budget ~andfill fiscal year 2003 budget for the payment of
construction of Cell6B;
AND WHEREAS, the contractor ES&J Enterprises, Inc: may desire to construct
Ce1l6B prior to July 1,2002, and agrees to be paid for construction services on July 1,
2002; , .
AND WHEREAS, having Cell6B constructed prior to July 1,2002, will benefit
the County in the event of a Hurricane or other natural disaster,
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of New
Hanover County that the contract for the construction of Landfill Cells 6A and 6B for the'
Department of Environmental Management, be awarded to ES&J Enterprises, Inc" in the
amount of Two Million Two Hundred Fifty Three Thousand, Two Hundred Thirteen·
Dollars and Thirty Five Cents ($2,253,213.35) ; and that the County is hereby authorized
and directed to execute the contract, contract form to be approved by the County
Attorney, '
This the 6th day of August 2001,
~Q:i,Oh~ITßM
Board of Commissioners
ATTFX2'd~
Clerk ~o~~~ard '
27.4.4
PROJECT ORDINANCE
CELL 6A AND 6B-NEW HANOVER COUNTY LANDFILL
BE IT ORDAINED, by the Board of Commissioners of New Hanover County:
1. New Hanover County(County) is engaged in the Construction of Cell 6A and 6B at
the New Hanover County Landfill, which capital project involves the construction and/or
acquisition of capital assets,
2. County desires to authorize and budget for said project in a project ordinance adopted
pursuant to North Carolina General Statute $159-13,2, such ordinance to authorize all
appropriations necessary for the completion of said project.
NOW, THEREFORE, WITNESSETH THAT:
1. This project ordinance is adopted pursuant to North Carolina General Statute $159-
13.2,
2. The project undertaken pursuant to this ordinance is the Construction of Cell 6A and
6B Capital Project, which project is herewith authorized,
3. The revenue that will finance said project is:
Total
$ 2,253,214
$ 2,253,214
Transfer in from Fund 700
4, The following appropriations necessary for the project are herewith made from the
revenue listed above:
Capital Project Expense
Total
$ 2.253.214
$ 2,253,214
5. This project ordinance shall be entered in the minutes of the Board of CQmmissioners
of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the
finance and budget offices in New Hanover County, and with the Clerk to the Board of
Commissioners of New Hanover County.
day of August
, 2001.
T?1ivOO~an
27.4.5
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER COUNTY, NORTH CAROLINA
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6, 1969
A-311,07/01
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as
amended be and the same is hereby further amended as follows:
ARTICLE IX: design Standards and regulations for Signs
(The attached document shall replace the existing Article IX of the Zoning Ordinance of the
County of New Hanover,)
ARTICLE II: Section 23, Definitions
(The attached list of definitions associated with Article IX shall be added to Article II, section 23.)
Section 2, Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent
of such conflict, is hereby repealed,
Section 4, This ordinance is adopted in the interest of public health, safety, morals and general
welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force
and effect from and after its adoption
Adopted the 6th day of August 2001,
~D~Q~an
Attest:
~
ARTICLE IX: DESIGN STANDARDS AND REGULATIONS FOR SIGNS (8/06/01)
Section 90: Purpose
The purpose of this section is to coordinate the type, placement, and physical dimensions of signs
within the different zoning districts; to recognize the commercial communication requirements of
all sectors of the business community; to promote both renovation and proper maintenance of
signs; and to guarantee equal treatment under the law through accurate record keeping and
consistent enforcement. The general objectives of these standards are to promote the health,
safety, welfare, convenience and enjoyment of the public, and in part, to achieve the following:
A,' Safety
To promote the safety of persons and property by providing that signs:
1, Do not create a hazard due to collapse, fire, decay, collision, or
abandonment;
Do not obstruct fire-fighting or police surveillance; and
Do not create traffic hazards by confusing or distracting motorists, or by
impairing the driver's ability to see pedestrians, obstacles, or other
vehicles, or to read traffic signs,
Communications Efficiency
To promote the efficient transfer of information in sign messages by providing
that:
1.
Those signs which provide messages and information most needed and
sought by the public are given priorities;
Businesses and services may identify themselves;
Customers and other persons may effectively locate a business or
servIce;
No person or group is arbitrarily denied the use of the sight lines from
the public right-of-way for communication purposes; and
Persons exposed to signs are not overwhelmed by the number or size of
messages presented, and are able to exercise freedom of choice to
observe or ignore said messages, according to the observer's purpose,
C, Landscape Quality and Preservation
To protect the public welfare and to enhance the appearance and economic value
ofthe landscape by providing that signs:
1, Do not interfere with scenic views;
2, Do not create a nuisance to persons using the public rights-of-way;
3, Do not constitute a nuisance to occupancy of adjacent and contiguous
property by their brightness, size, height or movement;
Are not detrimental to land or property values; and
Contribute to the special character of particular areas of the community,
helping to orient the observer within it.
2:
3,
B,
2,
3,
4,
5,
4,
5,
D, Outdoor Advertising Signs
Outdoor advertising signs are herein regulated for the purposes of regulating
excess signage, encouraging the positive economic development of the county, .
preserving and improving tourism views, promoting the safety of the traveling
public, protecting existing property values in both residential and nonresidential
areas, preventing the overcrowding of land, and protecting the aesthetics of the
county .
The regulations are designed to prevent their over-concentration, improper
placement, and excessive height, bulk, number and area, It is recognized that,
unlike on-premise identification signs, which are in actuality a part of a business,
outdoor advertising is a separate and distinct use of the public thoroughfare, With
a view to this distinction, outdoor advertising signs are regulated differently from
on-premise signs,
Section 91: General Provisions
91-1 Compliance with Building and Electrical Codes
All signs shall be constructed in accordance with the requirements of the local and state
Building Code and the National Electrical Code.
91-2 Anchoring
1. Signs shall be suspended by nonrigid attachments that will allow the sign to
swing in a wind,
2, All freestanding signs and outdoor advertising signs shall have self-supporting
structures erected on or permanently attached to concrete foundations,
3, . All portable signs on display shall be braced or secured to prevent motion,
91-3 Wind Loads
Solid signs, and skeleton signs other than wall signs, shall be designed to withstand a
wind load according to the North Carolina State Building Code,
91-4 Additional Construction Specifications
1, No signs shall be erected, constructed or maintained so as to obstruct any
required exit, fire escape, window or door opening used as a means of egress,
2, No sign shall be attached in any form, manner or shape which will interfere with
any opening required for ventilation, except that signs may be erected in front of
and may cover transom windows when not in violation of the provisions of Fire
Prevention Codes,
3, Signs shall be located in such a way as to maintain horizontal and vertical
Clearance of all overhead electrical conductors in accordance with the National
Electrical Code specifications,
91-5 Maintenance and Removal
Should any sign become in danger of falling or is deemed otherwise unsafe in the opinion
of the Building Inspector, the owner thereof, or the person or firm maintaining the same,
shall upon written notice from the Inspector, forthwith in the case of immediate danger
and in any case within 10 days, secure said sign in a manner to be approved by the
Building Inspector in confolJI1ity with the provisions of the state building code, or
remove such sign, If such sign is not removed, the Inspector or his designated agent may
initiate legal procedures to obtain the necessary court orders to remove such signs at the
expense of the owner or lessee thereof,
91-6 Abandoned Signs
Anyon-premises sign relating to any business or other use shall be removed by the
owner of the sign or property owner within 60 days after such business or activity has
been vacated or terminated. If such sign has not been removed after the removal time has
expired and after proper written notification has been issued, the Building Inspector or
his designated agent may initiate legal procedures to remove such signs at the expense of
the owner or lessee thereof.
2
91-7 Sign Measurements
1, General
For the purpose of this Ordinance, the area, in square feet, of any sign shall be
computed by the smallest square, triangle, rectangle, circle or combination
thereof which will encompass the entire sign, In computing the sign area in
square feet, standard mathematical fonnulas for known or common shapes will
be used, In the case of irregular shapes, straight lines drawn closest to the
extremities of the shape will be used,
2, Multiple Faces
Where a sign has 2 or more faces, the area of all faces shall be included in
detennining the area of the sign, except that where 2 such faces are placed back-
to-back and are at no point more than 2 feet from one another, The area of the
sign shall be taken as the area of the larger face if the 2 faces are of unequal area;
if the areas of the 2 faces are equal, then the area of I of the faces shall be taken
as the area of the sign,
91-8 Lighting
Unless otherwise specified by this Ordinance, all signs may be illuminated, However, no
sign regulated by this Ordinance may utilize: (1) an exposed incandescent lamp with an
external reflector without a sunscreen or comparable diffusion; (2) an exposed
incandescent lamp unless a screen is attached; or (3) a revolving beacon light.
91-9 Exemptions
This section shall not relate to building design, nor shall the chapter regulate official
traffic signs, gravestones, lighting or displays of a seasonal religious or traditional nature,
(e,g" Christmas or Chanukah lights or decorations, Thanksgiving decorations, Halloween
lights or decorations, etc,) which are not commercially-oriented, scoreboards on athletic
fields, or any display or construction not defined herein as a sign, The regulations of this
section shall not apply to any sign that is not visible from the perimeter of the subject
property ,
91-10 Penn its Required
Unless otherwise specifically provided, a sign penn it shall be obtained in accordance
with the procedures of Section 92 before commencing the construction, alteration,
erection, addition to, or moving of any sign or outdoor advertising sign or part thereof,
91-11 Indemnifications and Insurance
1, All persons involved in the maintenance, installation, alteration, or relocation of
signs near or upon any public right-of':way or property shall agree to hold
hannless and indemnify the city and county, its officers, agents, and employees,
against any and all claims of negligence resulting from such work insofar as this
Ordinance has not specifically directed the placement of a sign,
2, No person may engage in the business of erecting, altering, relocating,
constructing, or maintaining signs without a valid contractor's license and all
required licenses on the state and federal level.
3, All persons involved in the installation, maintenance, relocation, or alteration of
signs shall maintain all required insurance and shall file with the state a
satisfactory certificate of insurance to indemnify the city, state, or county against
any fonn of liability to a minimum of $100,000,
91-12 Prohibited Signs
In all zoning districts the erection, construction, location or the use of any sign is
prohibited as follows, Such signs, if deemed to create a public safety hazard by the
3
Building Inspector, may be removed immediately; otherwise, prohibited signs shall be
removed as provided under Section 97,
1. Signs in Public Right-of-Way
No sign shall be permitted on or protrude into a public right-of-way, street or
passageway except as provided specifically for herein,
2; Signs Attached to Public Property or Utility Structures
Except for signs installed by or with the approval of an appropriate governmental
agency, no sign shall be attached to, hung or painted on any curb stone, hydrant,
lamppost, street trees, barricade, temporary walk, telephone pole, telegraph pole,
electric light pole or other utility pole, public fence or on a fixture of a fire alarm
or police call system within any public right-of~way, No detached sign shall be
located closer than 10 feet in any direction from any power or transmission line,
(NOTE: This does not include the supporting structure, e,g" the power pole,)
3, Signs Constituting Traffic Hazards
No sign shall be permitted whereby its location, nature or type constitutes or
tends to constitute a hazard to the safe and efficient operation of vehicles upon
any public right-of-way, street or passageway, No sign shall be permitted that
would obstruct the line of sight of motorists or pedestrians at intersections,
driveways, or along any public right-of-way, street or passageway, No sign shall
be pennitted, as specified in NCGS § 136-32.2 that would obstruct or resemble
traffic signs or signals, or would tend to be confused with a flashing light of an
emergency vehicle,
4, Signs Constituting Fire Hazards
No sign shall be pennitted to prevent free ingress and egress from any door,
window or fire eScape,
5, Signs Pertaining to Specified Activities or Containing "Vulgar" Words
No sign shall contain statements, words or pictures which describe or display
"specified anatomical areas" or "specified sexual activities," as defined in this
Ordinance or which contain words which are classified as "vulgar" or "vulgar
slang" in The New College Edition of the American Heritage Dictionary of the
English Language,
6, Moving Signs
No sign shall be permitted containing or consisting of banners, posters, pennants,
ribbons, balloons, streamers or other similarly moving devices or ornamentation,
except as specifically provided herein,
7 Flashing Signs and Rotating Light Beams
No sign shall be permitted which contains or utilizes revolving or rotating beams
of light of stroboscopes. No sign shall be erected which flashes, except for time
and temperature signs,
8 Signs on Vehicles
No sign shall be placed on a vehicle or trailer which is parked or 10catE:.d for the
primary purpose of displaying said sign (this does not apply to pennitted portable
signs, or to signs or lettering on buses, taxis, or vehicles operating during the
nonnal course of business),
9 Floating Signs
Floating Signs shall not be permitted.:
4
Section 92: Administration, Filing Procedure and Permits
92-1 Administration - The Building Inspector shall issue a permit for the erection or
construction only for a sign which meets the requirements of this
Ordinance,
92-2: Filing Procedure - Applications for permits to erect, hang, place, paint,
or alter the structure of a sign shall be submitted on forms accompanied by a
plan showing the following:
(1) Area of the sign;
(2) Size, character, general layout and designs proposed for painted displays;
(3) The method and type of illumination, if any;
(4) The location proposed for such signs in relation to property lines, zoning
district boundaries, right-of-way lines, public waterways and existing
signs; (12/7/87)
(5) If conditions warrant it, the Building Inspector may require such
additional information as will enable him to determine if such sign is to be
erected in conformance with the requirements of this Ordinance; and
(6) Payment of fee to obtain building permit.
Section 93: Signs Not Requiring Permits
The following types of signs are exempted from the sign permit requirements, but must
comply with all other requirements of this Ordinance,
, (1) Signs used by churches, synagogues; or civic organizations,
(2) Construction Signs
One construction sign for each street frontage of a construction project, not to
exceed 20 square feet in sign area in residential zones or 35 square feet in sign
area in all other zones, Such signs may be erected 10 days prior to beginning of
construction and shall be removed within 30 days following completion of
construction,
(3) Directional/Information Signs
Four freestanding directional/information signs per lot, not to individually exceed
3 square feet in sign area or 30 inches in height.
(4) Individual political signs,
Non-illuminated political signs, not to individually exceed 12 square feet in sign
area, Such signs shall be removed 30 days following the applicable election or
referendum, Political signs may be placed only on private property and only with
the permission of the property owner, provided that each candidate for political
office, or the candidate's local representative in the case of statewide or national
offices, shall apply for a general permit for all personal campaign sign~,
indicating that the candidate is aware of all regulations concerning political signs,
that all supporters receiving said signs will be advised ofthese regulations and
ordered to follow them, and that said signs shall be removed as required by these
regulations,
(5) Public signs or notices or any sign relating to an emergency.
5
(6)
Real Estate Signs
One non-illuminated real estate signs per street frontage, not to exceed 20 square
feet in sign area, Such signs must be removed 30 days following rental, sale, or
lease,
Incidental Signs not to exceed 6 square feet in aggregate sign area per occupancy
Residence signs, Nameplates or street address numbers, not exceeding 4 square
feet in size,
Signs used for bona fide navigational aids,
Flags,
Off-Site Real Estate Signs - Off-site real estate signs are generic signs with
display content limited to a directional arrow and/or one descriptive phrase of
"open house" or "home for sale," and allowed offthe premises from where the
real estate product is being offered and subject to the following provisions:
(a) Located on private property only with written permission of the
applicable property owner. The property owner or real estate agent shall
be subject to the applicable penalties for violation of these provisions,
(b) Maximum size is four (4) square feet.
(c) Maximum sign height is three (3) feet, measured from the adjacent
ground elevation to the uppermost portion of the sign,
(d) Limitation of one (1) sign per intersection.
(e) No sign shall block any sight distances of any intersection,
(f) No sign shall be placed within a public or private road right-of-way,
(g) All signs shall be freestanding,
(h) No signs shall be placed on trees, utility posts, traffic control signs or
other signs,
(i) Signs shall not have lighting, movable elements or flags,
(j) Allowable times of placement are as follows:
(1) A sign directing attention to a temporary sales office or model
unit in a development of multiple lots or units offered for sale may
remain in place seven days a week, for as long as the temporary sales
office or model unit is on site,
(2) A sign directing attention to any property or properties other
than a model unit or sales office as specified in paragraph(a), may
remain in place from 4:00 p,m, on Friday to 8:00 a,m, on the following
Monday, On the following specified holidays, signs may be posted after
4:00 p,m, the day prior to the actual holiday and must be removed by
8:00 a,m. the day following the holiday:
(i) New Year's Day
(ii) Martin Luther King, Jr, Day
(iii) Good Friday (Friday before Easter)
(iv) Azalea Festival - Friday
(v) Memorial Day
(vi) Independence Day
(vii) Labor Day
(viii) Veteran's Day
(ix) Thanksgiving Day - Thursday and Friday
(x) Christmas Day (8/06/01)
(7)
(8)
(9)
(10)
(11)
6
Section 94:
94-1
94-2
94-3
94-4 ,
Signs Which Require A Pennit
Subdivision Identification Signs, ,
Two subdivision identification signs per entrance, not to exceed 35 square feet each in
sign area, Identification signs may be located on privacy and freestanding walls, Unless
otherwise specified, ifthe identification sign is located on a freestanding wall, the wall
shall not exceed 6 feet in height, or the height of the subdivision privacy wall, whichever
is greater: (8/06/01)
Identification Signs
One identification sign per apartment or condominium complex entrance, not to exceed
35 square feet in sign area, Identification signs may be located on walls provided such
walls do not exceed 4 feet in height and 75 square feet in area,
Freestanding Signs in residential areas
For pennitted nonresidential uses, including churches and synagogues, one freestanding
sign per frontage, not exceeding 35 square feet in sign area, and 1 marquee sign not to
exceed 25 feet in sign area,
All permitted freestanding signs shall have a maximum height limit of 6 feet and shall
have a minimum setback of 5 feet from any property line, For permitted freestanding
signs which are to be illuminated, such illumination must come from a light source which
is external to the sign itself.
Principal Use Signs
(I) Freestanding Signs
a, Primary
One primary freestanding sign per premises, as per Table -1 of this Article,
b, Auxiliary
An additional (Auxiliary) freestanding sign shall be allowed for property
having in excess of 100 linear feet of road frontage; one auxiliary
freestanding sign shall be permitted for each 100 linear feet of road frontage,
Auxiliary signs may contain up to 50 percent of the allowable area of
primary freestanding signs or 20 square feet, whichever is greater. Auxiliary
signs shall not be permitted within 50 feet of any other auxiliary or primary
sign located on the same parcel of property, No more than 2 auxiliary
freestanding signs shall be permitted on each road frontage for eacb parcel of
property,
c. Carolina Beach Road
Freestanding Signs along Carolina Beach Road shall comply with the
provisions of this Section except that only one freestanding ground sign not
to exceed six (6) feet in height and a maximum surface area of 150 square
feet shall be pennitted, (8/06/01)
/
7
(2) Wall Signs
Up to 5 wall signs per occupancy, in aggregate not to exceed 20 percent of the
area of the wall to which the signs are attached, up to a maximum size of250
square feet per each occupancy,
(3) Under-Canopy Signs
One under-canopy sign per occupancy, not to exceed 4 square feet in sign area,
(4) On-Premises Window Signs
Any principal building may install on-premises window signs, provided:
a, The area of such signs shall not exceed an aggregate area equal to 10
percent of the total ground floor glassed window area of the building,
b, Such signs, if located inside the window, may be neon signs,
c, Such signs are prohibited above the second floor occupancy,
(5) Special regulations and allowances for principal use signs:
a, Comer Lots
Where an occupancy is on a comer or has more than one main street
frontage, additional wall sign and additional freestanding sign are allowed on
the additional frontage, not to exceed the number and size limitations of
other allowed wall and freestanding signs,
b, Minimum Clearance
All freestanding, awning, marquee, and under-canopy signs shall have a
minimum clearance of 9 feet over any pedestrian use area,
d, Awning Signs
Three awning signs per occupancy, not to exceed 20 percent of the surface
area of an awning,
e, Multi-Unit Signs
Multi-unit signs consist of 3 or more individual identification signs, These
individual signs shall be designed to reflect a unified graphic appearance
(e,g" size and material type), as determined by the Building Inspector,
Individual commercial logos are permitted on multi-unit signs so long as
they do not constitute more than 25 percent of the area of the applicable
individual occupancy identification sign,
Table-l
Freestanding Sign Standards
Zoning District Number of Street Frontage Front Setback(3)(4) Max, Primary Max, Max, Primary Max, Aux,
Lanes(2 ) (Feet) (Min,lMax,) (Feet) Sign Height Aux, Sign Sign Area Sign Area
(Feet) Height (SF) (SF)
(Feet)
B-I,PD 2 N/A 10/20 20 10 50 25
4 < 100 10/20 20 N/A 50 N/A
> 100 10/20 20 12 65 32
B-2,1-1,1-2,A-I,Se 2 < 100 10/20 20 N/A 65 N/A
> 100 10/25 20 18 100 50
4 < 100 10/25 20 N/A 100 N/A
> 100 10/30 25 20 150 75
> 300 10/30 30 20 175 90
8
NOTE (2): Number of lanes refers to the ultimate number of lanes based upon existing roadway conditions or upon construction plans approved
as part of the current NC DOT Transportation Improvement Program,
NOTE (3): Notwithstanding the minimum and maximum front setback requirements indicated above, primary freestanding signs which do not
exceed 6 feet in height and are less than 76 percent of the maximum sign area established above may be located within 5 feet of the front
property line and shall have no ma'Ximum front setback,
NOTE (4): "Front Setback" refers to the setback from the front or comer side property lines,
Table -2
Pennitted and Prohibited Signs
Sign Type
Res 0&1 B-1 B-2 I-I I-2
PO SC AI
Above Roof X X X X X X
Animated X X X X X X
Attached (Wall) X P P P P P
Awning X P P P X X
Banner X P P P P P
Balloons/Blimps X P P P P P
Construction P P P P P P
Directional P P P P P P
Flag P P P P P P
Flashing X X X X X X
Freestanding P P P P P P
Incidental X P P P P P
Integral P P P P P P
Pennant X X X X X X
Political P P P P P P
Portable X X P P P P
Projecting X X X X X X
Real Estate P P P P P P
Revolving X X X X X X
Sandwich Board X X X X X X
Spec, Purpose X X X X X X
Wind Device X X X X X X
Window X P P P P P
KEY: X-Prohibited; P-Pennitted; S-Requires Special Use Permit
NOTE I: See specific sections for area, height, number, setback, location, permitting and other sign
requirements, '
Section 95: Temporary and Special Event Signs
95-1 Balloons/Blimps
Allowed for special events with a penn it for up to seven (7) days of consecutive use, 5
times per calendar year per location, subject to the following conditions:
I, The balloon or blimp may not be more than 1,000 cubic feet in size, nor the total
of the longitudinal and latitudinal dimensions of the device, measured along their
axes, exceed 37 linear feet;
9
2, The balloon or blimp shall be securely anchored at a point within the applicable
setback for buildings in the zoning district where the balloon or blimp is flown
3, The balloon or blimp may not be flown more than 50 feet in the air unless
located at least 100 feet from any active public roadway; its height may
thereafter be increased in proportion to its distance from the roadway, to a
maximum of 100 feet. (Example: if the device is anchored 125 feet from a road,
it may be flown at a height of 75 feet;
4, No balloon or blimp shall be flown in windy conditions (sustained winds of25
m,p,h, or more) or inclement or stormy weather; all applicable state or federal
regulations must be observed;
5, No balloons or blimps may be flown within a 1 mile radius of another such
device; and
6, No device authorized by this section may consist of more than 1 balloon or
blimp, or have attached to it any streamers, banners or other paraphernalia.
For purposes of this provision, a balloon or blimp may display advertising copy that is
not specific to the premises or establishment where the special event is occurring, but
may not be displayed at any other premises,
"Special events," as used in this provision includes grand openings, special sales and
other promotional activities,
If, in the opinion of the Building Inspector, any balloon or blimp is creating or
contributing to a hazardous situation, he may direct that it be removed or that the manner
of its display be altered to remove the hazard,
95-2 Banners
Allowed for special events with a permit for up to 30 days of consecutive use, 2 times per
calendar year (separated by a minimum of 30 days), There shall be no more than 2
banners per occupancy per permit. In the case of public parks, each group or activity will
be considered a separate occupancy, Museums and cultural arts centers are permitted
continuous, year-round display of 1 banner and there is no time constraint imposedupon
any 1 banner's display, A second banner may be permitted in compliance with the banner
restrictions applied to other uses,
For grand openings, or other special events, a banner may be used for no more than 30
days for 1 time per calendar year, These banners are allowed with a permit in the
Commercial and Industrial districts,
95-3 Flags
Flags are allowed as specified in Table 3. Ground-mounted flagpoles shall not exceed
height limits established in Table 3, Roof-mounted flagpoles shall not exceed the
maximum height permitted in each zoning district for roof-mounted antennae, No more
than 2 flags'shall be permitted per each flagpole not to exceed the cumulative area
established in Table 3. The United States, North Carolina, city and county flags are
exempt from all restrictions of this Article.
10
Table 3
Flag Regulations by District
Zoning District Parcel Size No, of Flagpoles
Commercial and Industrial Less than I acre 3
I to 3 acres 5
3 to 10 acres 10
More than 10 acres 10
All Other N/ A I
95-4
95-5
Section 96:
96-1
96-2
96-3
Max, Area
80 SF
200 SF
200 SF
800 SF
80 SF
Max, Height
35 feet
50 feet
50 feet
80 teet
35 feet
Pennants
Prohibited except as navigational aids, or if used by a religious activity or by an
educational or charitable organization (see Flags),
Portable Signs
Allowed with a permit for up to 30 days of consecutive use, 2 times a calendar year
(separated by a minimum of30 days) for parcels zoned commercial or industrial;
prohibited elsewhere, Portable signs cannot exceed 35 square feet in size and 6 feet in
height, or be located within 5 feet of any property line; one portable sign per parcel. At
the expiration of the permit period, the sign, which includes the lettering as well as the
signage cabinet, shall be removed,
Outdoor Advertising Signs (5/4/87)
Where Pennitted
Outdoor advertising signs and structures that comply with the provisions of this
Ordinance shall be permitted in 1-1, 1-2 and A-I zoning districts provided the specific
outdoor advertising sign location is 400 feet or more from any residential zoning district,
place of worship, public park, or school. Outdoor advertising signs shall not be'
constructed within areas designated under the SHOD district, Outdoor advertising signs
shall not be permitted in, upon, or over any navigable public waterway, marsh, or within
400 feet landward of the mean high water line,
Location, Setbacks and Spacing of Outdoor Advertising Signs
( 1 ) Setbacks
Each outdoor advertising sign shall comply with the applicable setback
requirements of the district in which it is located, In no case, however, shall an
outdoor advertising sign be located less than 10 feet from any right-of-way or
property line,
(2) Comer Lots
No part of an outdoor advertising sign may be located within a triangular area
fonned by the street right-of-way lines and a line connecting them at points 50
feet from the right-of-way intersection,
(3) Spacing of Outdoor Advertising Signs
No part of any outdoor advertising sign shall be located less than 1,000 feet from
any part of another outdoor advertising sign,
(4) Back of Outdoor Advertising Sign
The backs of all outdoor advertising signs shall be painted in a neutral color to
blend with the surrounding area and to prevent the reflection of car lights and
sunlight.
Single Outdoor Advertising Sign Structure
An outdoor advertising sign shall be considered as one sign structure when it is designed
to be viewed from:
II
(1) One direction and consists of a single face sign placed in such a manner to be
viewed by one directional flow of traffic; or
(2) Two directions and consists of two sign faces arranged either back-to-back or in
a V-shape,
(3) In no case shall there be more than 1 sign face per directional flow of traffic,
96-4 Area and Height Requirements for Outdoor Advertising Signs
(1) No outdoor advertising sign facing streets with 4 or more traffic lanes may
exceed 150 square feet; outdoor advertising signs facing streets with fewer than 4
traffic lanes may not exceed 75 square feet. The allowable sign area of outdoor
advertising signs with equal size and shape for both double-faced (back-to-back)
and V-type outdoor advertising signs is measured by computing the area of only
one side of the outdoor advertising sign, Both sides of a double-faced or V -type
outdoor advertising sign shall be of equal size, No point on either side shall be
more than 15 feet from the nearest point of the other side,
(2) No outdoor advertising sign or part thereof, including base, apron, supports,
supporting structures, and trim, may exceed 30 feet in height, Rooftop outdoor
advertising signs are prohibited,
96-5 Inspection of Outdoor advertising signs
The Building Inspector shall inspect all outdoor advertising signs periodically to
determine that the same are in a safe condition and meet the requirements set forth in this
section,
96-6 Clearance for Overhead Electrical Conductors
Outdoor advertising signs shall be located in such a way that they maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with National
Electrical Code specifications, provided that no outdoor advertising sign, except official
traffic signs, shall be installed closer than 10 feet horizontally or vertically from any
conductor or public utility guy wire,
96-7 Illumination
All outdoor advertising sign illumination devices shall be in conformance with the North
Carolina State Building Code, Volume IV and all other state and local codes governing
illumination, All illumination shall be designed so as to be contained to the sign area of
the outdoor advertising sign,
96-8 Back of Sign
The backs of all outdoor advertising signs shall be painted in a neutral color to blend in
with the surrounding area,
96-9 Trimming of Vegetation Prohibited
There shall be no trimming of vegetation on public property or rights-of-way to make
any outdoor advertising sign more visible,
96-10 Maintenance
All outdoor advertising signs shall be maintained in a state of good repair. Whenever it
shall appear to the Building Inspector that any outdoor advertising sign has been
constructed or is being maintained in violation of the terms of this section or iS,unsafe or
insecure, such outdoor advertising sign shall either be made to conform with all outdoor
advertising sign regulations or shall be removed at the expense of the owner, within 10
days after written notification thereof by the Building Inspector.
96-11 Removal of Obsolete Outdoor Advertising Signs
Outdoor advertising sign messages which advertise a discontinued activity or use of a
building or premise shall be removed within 60 days from the date the activity or use was
terminated, Outdoor advertising signs advertising events such as shows, displays,
12
Section 97:
97-1
97-4
festivals, circuses, fairs, athletic contests, dances, fund drives, elections, exhibits,
meetings, conventions and the like shall be removed within 30 days after the date of
termination of such events,
97-2
Nonconforming Signs
Determination of Nonconformity
Existing signs which do not conform to the specific provisions ofthis Ordinance may
be eligible for the designation "nonconforming" provided that:
(1) The Building Inspector determines that stich signs are properly maintained and
do not in any way endanger the public;
(2) The sign was covered by a valid permit or variance or complied with all
applicable laws on 8/06/01; and
(3) The sign is not placed under an amortization schedule,
'Loss of Nonconforming status
A nonconforming sign may lose its nonconforming designation if:
(1) The sign is relocated or replaced; or
(2) The structure of the sign is altered in any way except towards compliance with
this Ordinance, This does not refer to change of copy or normal maintenance,
Maintenance and Repair of Nonconforming Signs
Nonconforming signs are subject to all requirements of this Ordinance regarding
safety, maintenance, and repair. However, if the sign suffers more than 50 percent
appraised damage or deterioration, it must be removed or brought into conformance
with this Ordinance,
Amortization
(1) Previously Amortized Signs
Under the provisions of the New Hanover County Zoning Ordinance in effect
immediately prior to 8/06/01, certain on-premise and outdoor advertising signs
were required to be removed or brought into compliance within the times set
forth therein, The time periods for removal or compliance have expired and such
signs shall be removed or brought into compliance after written notice from the
Building Inspector. The provisions of this Ordinance, so far as they are the same
as those provisions of the Zoning Ordinance in effect immediately prior to
8/06/01 shall be considered as continuations thereof and not as new enactments.
97-3
(2) Time Frames
Unless otherwise provided by law, all on-premise and outdoor advertising signs
that are made nonconforming by this Ordinance, an amendment to this Ordinance
or to the official zoning maps shall be removed or brought into compliance
within the time frames specified in this subsection after the 8/06/01 effective date
and amendment thereto or the amendment of the official zoning map.
13
Sign Type ¡Time Frame for ¡
Removal or Compliance
1. Nonconforming flashing or animated signs in any 30 days
zoning district or special district
2. Nonconforming signs made of paper, cloth or other 90 days
non-durable material in any zoning district or special
district
3, Nonconforming outdoor advertising signs 5V2 years
4, Nonconforming on-premise freestanding signs(1) 10 years
5, Portable or other temporary signs 120 days
6, Signs requiring permits that are erected without 60 days
permits, Prohibited Signs or signs that are otherwise
erected illegally under the provisions of this
Ordinance or any other City or County Ordinance
7, Nonconforming wall signs 5 years
Note: Nonconforming freestanding signs, which are within 15 percent of the maximum sign area requirements
or within 4 feet of the ma;ximum height requirements, shall not be required to be brought into compliance with
the size or height requirements, as applicable, of this Ordinance. Freestanding signs that are nonconforming
with regard to sign height and that are relocated in order to comply with the sign location requirements of this
Ordinance shall also be brought into compliance with the sign height requirements, Nonconforming
freestanding signs that are relocated under the provisions of this Ordinance may utilize I required parking
space for the relocated sign if no other option exists for relocating the sign on the site as determined by the
Building Inspector, Freestanding signs that are nonconforming only with regard to the front setback
requirement shall not be subject to the amortization procedures outlined herein,
(3) No replacement
Another nonconforming sign shall not replace a nonconforming sign except that the
substitution or interchange of poster panels, painted boards or demountable material on
nonconforming signs shall be permitted,
(4) Repair
Minor repairs and maintenance of nonconforming signs such as repainting, electrical
repairs and neon tubing repairs shall be permitted,
(5) Alteration, Relocation or Replacement
Nonconforming signs, which are structurally altered, relocated or replaced, shall comply
in all respects with the provisions of this Ordinance, except as specifically excepted
herein,
(6) Legally Established Nonconforming Uses
New signs related to legally established nonconforming uses may be ereèted provided
they comply with the sign requirements of the district in which the use is located
14
Section 23
Definitions
23-107
23-]08
23-109
23-110
23-Il ]
23-112
23-113
23-114
23-115
23-116
Window sign. A window sign is a sign attached directly onto the inside or
outside of the window of a building, or placed inside the window so that it is
visible from the outside,
Wind device, Any flag, banner, balloon, pennant, streamer or similar device that
moves tTeely in the wind, All wind devices are considered to be signs and are
regulated and classified as attached or detached by the same regulations as other
signs,
Wqll sign, A wall sign is a sign which is attached flat to a wall or facade
facing of a building and which projects not more than eighteen (18) inches
from the wall.
Time and/or temperature sign, A sign containing numerals which may be
alternately displayed to show the time and/or temperature, A time and/or
temperature sign shall not be considered a flashing or animated sign; time
and temperature signs shall not change or alternate messages more
frequently than once every three (3) seconds,
Special purpose sign. A temporary sign to announce sales, new products, openings
or closeouts and other special events.
Roof sign, integral. Any sign erected or constructed as an integral part of a
normal roof structure of any design, such that no part of the sign extends
vertically above the highest portion of the roof and such that no part of the
sign is separated from the rest of the roof by a space of more than six (6)
inches. Chimneys or other similar features are not an integral part of a
nonnal roof structure, An integral roof sign shall be considered to be a wall
sign and shall be subject to the regulations pertaining to wall signage,
Animated sign, Any sign which uses movement or change of lightirig to
depict action or to create a special effect or scene (compare "flashing
sign"),
Banner, A suspended sign made of a flexible material such as canvas,
sailcloth, plastic or waterproof paper,
Directional sign (on premises), A sign or guide to direct pedestrian or
vehicular traffic on the premises on which it is displayed. Examples
include "in," "out," "entrance," and "exit."
Flags, Refers to devices generally made of flexible materials such as
cloth, paper or plastic, and displayed on a flagpole,
15
23-117
23-118
23-119
23-120
23-121
23-122
23-123
23-124
23-125
Flashing sign, An illuminated sign of direct or indirect lighting on which
the artificial light flashes on and off in regular or irregular sequences,
, Height. As applied to a sign, height shall be measured as the vertical
distance between the highest part of the sign or its supporting structure,
whichever is higher, and a level plane going through the nearest point of
the improved public right-of-way at the ground-level curb line,
Incidental sign, A single face or double face non-illuminated
professional or announcement sign attached wholly to a building,
window or door containing information relative to emergencies, store
hours, credit cards honored and other similar accessory information,
Integral sign, Names of buildings, dates of erection, monumental
citations, tablets and the like when carved into stone, concrete or similar
material or made of bronze, aluminum or other permanent type
construction and made an integral part of the building
Multi-unit sign, A freestandingsign which contains three (3) or more
identification signs for multi-occupancy premises, such as a shopping
center,
Pennant, A tapered or dovetailed banner or flag,
Portable or movable sign. A sign that is not permanently attached to the,
ground, a structure, or a building and that can easily be moved from one
location to another and used for a temporary purpose,
Projecting sign, A sign end-mounted or otherwise attached to an exterior
wall of a building or structure, and which projects out from the wall.
Revolving sign, A sign which revolves three hundred and sixty (360)
degrees,
16
27.4.6
AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County does hereby ordain that Chapter 53,
entitled "Traffic and Vehicles," of the New Hanover County Code, is hereby amended to read as
follows:
Section 53-31 Definitions
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:
Dune area means all land situated in this county and lying within 750 feet of the low-water
mark ofthe Atlantic Ocean or inlets adjacent thereto,
Section 53-34 Restrictions
No motor vehicles may be operated in the dune area except as follows:
(1) by a person licensed to drive a motor vehicle on the public highways;
(2) either below the high water mark or on property within 25 feet adjacent thereto, or
on platted roadways,
(3) if on private property, with permission of the owner of the property;
(4) a motor vehicle weighing less than 5,000 pounds, except that no all-terrain vehicles
(A TV s), motor homes, travel trailers, or other trailers of any kind including personal
watercraft trailers, shall be allowed;
(5) at a speed of 15 miles per hours or below; and
(6) in such a manner as not to endanger persons in the dune areas, adjoiningareas, or in
the water,
Sections 53-36 Enforcement
(a) Violations of this article may be punished by a civil penalty to be recovered in the
nature of a debt of $100.00 for the first violation, $300,00 for the second violation,
and $500,00 for the third and subsequent violations, Violations may also be
punished as a misdemeanor under G,S, 14-4,
,.
;0
.'
..'
Except as expressly amended above, Chapter 53 shall remain in effect as written,
Adopted this ¿{.u..- day of ~
,2001.
NEW HANOVE[]ÜUNTY
ÍiI)H~ II '
Ted Davis, Jr., uman
27.4.7
AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County does hereby amend the New Hanover
County Code, Chapter 23, entitled "Environment," by adding the following section:
23-190.1
Glass Containers Prohibited on County Dune Areas
1.
Glass containers shall not be allowed on the dune areas as defined in section 53-31
Except as expressly amended above, Chapter 23 shall remain in full force and effect.
Adopted this ,:;..t(, day of ~;C
,2001.
NEW HANOVER COUNTY
~aQ~G~an
ATTE~T: , . _ /
()2A'j \/ //~
"-6~ the Board
27.4.8
AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that New
Hanover County Code be amended as follows:
A. Chapter 35, Human Relations, Article II, Human Relations Commission, Section 35-64,
Membership
Chapter 35-64, Membership,
a). Terms
1) The Human Relations Commission shall be composed of 20 members, 14 at-large
members appointed by the New Hanover County Commissioners, three members appointed by the
Wilmington City Council, one member appointed by the Carolina Beach Town Council, one member
appointed by the Kure Beach Town Council, and one member appointed by the Wrightsville Beach
Board of Aldermen.
The balance of the section shall remain unaltered, in full force and effect.
B. Chapter 56, Utilities, Article III, Sewer System, Division 8, Enforcement, Section 56-
282. Procedure for Discontinuation of Service:
['
Chapter 56-282, Procedure for Discontinuation of Service.
Add at the end of the last sentence in subsection (a):
If service is discontinued due to violation of one or more of the provisions under Section 56-281,
Discontinuation of SerVice, the owner must correct the violation within thirty (30) days of
discontinuance or vacate the premises for failure to properly maintain service with the public
sanitary sewer system.
The balance of the section shall remain unaltered, in full force and effect.
C. Chapter 56, Utilities, Article III, Sewer System, Division 8, Enforcement, Section 56-
285, Recovery:
Chapter 56-285. Recovery.
Add the sentence prior to the existing paragraph:
No person shall break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is part of the wastewater collection system or the wastewater
treatment facilities. Any violation hereof shall subject the offender to both a civil penalty and to the
recovery of expense as specified herein,
The balance of the section shall remain unaltered, in full force and effect.
This the ~.:, _) ~ day Of~~ 2001,
~Hr?VEÜUNTY
7ltl t}J2h),. i
Ted Davis, Jr., C . an
Board of Commissioners
[SEAL]
27.4.9
Resolution
Cable Franchise Fees
Whereas, New Hanover County is offering quality cable television programming to
enhance the public's understanding oflocal government and
Whereas, the continued operation of New Hanover County Television (NHCTV) should
not be dependent on the county's property tax base, and
Whereas, the City of Wilmington has been charging a five percent (5%) Cable Franchise
Fee to AOL-Time Warner Cable for a number of years,
Now, therefore, be it resolved, that the Cable Franchise Fee charged to AOL-Time
Warner and Charter Communications be increased effective immediately, from three
percent (3%) to five percent (5%) with the additional revenue to be used to fund
operation of New Hanover County Television,
Ordered this 6th day of August, 2001
f¡ ~Q~iSJr.,
Chairman
(XLv! ~
~~he Board
~