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HomeMy WebLinkAboutTA25-04 - Sign Maintenance Amendment Summary & Public Comment DraftUnified Development Ordinance (UDO) Sign Maintenance Amendment Code Sections Affected Article 2: Measurements and Definitions Article 3: Zoning Districts Article 4: Uses and Use Specific Standards Section 5.6: Signs Article 6: Subdivision Design and Improvements Article 11 – Nonconforming Situations Article 12 – Violations and Enforcement Key Intent •Directly address new technologies, specifically digital signage. •Clarify current provisions to reduce reader confusion and staffinterpretation. •Ensure standards are content neutral and not based on the type of signmessage. •Update ordinance language to align with current statutory provisions andauthorities. Changes •New provisions have been provided outlining potential standards forelectronic changeable copy (digital) signs and audio components (Section 5.6.2: General Provisions). •Provisions for the use of digital signs for nonresidential uses in residentialzoning districts has been clarified (Section 5.6.3: Permanent Signs). •Section 5.6: Signs is reorganized to better clarify which signs are exemptfrom provisions, which sign types are prohibited, and which signs do notrequire permits. •Sign standards have been updated to be content neutral as described inthe notes on the public comment draft. These updates include removinguse specific sign standards and no longer referencing “real estate signs,”“construction signs,” and exemptions for certain types of flags (Article 4: Uses and Use-Specific Standards and Section 5.6: Signs). •Provisions currently in Article 2 related to signs have been moved toSection 5.6 so they are less likely to be missed by ordinance users. •Provisions related to enforcement measures that are no longer authorizedby statues have been removed (Section 5.6: Signs; Article 11: Nonconforming Situations; Article 12: Violations and Enforcement). •Measurement of sight triangles and sign type definitions are clarified (Article 2: Measurements and Definitions). •Some references to Building Code requirements have been removed toreduce potential conflicts (Section 5.6: Signs). 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 1 ARTICLE 2: MEASUREMENT AND DEFINITIONS Section 2.1 Measurements Sight Triangle (or Sight Distance Triangle) Sight distance triangles at all driveways and roadway intersections shall be measured in accordance with the North Carolina Department of Transportation (NCDOT) Subdivision Manual standards as outlined below, unless otherwise required by NCDOT. The minimum sight triangle when a new minor road, drive, or driveway intersections with an existing state-maintained road, shall be 70 feet along the existing roadway right-of-way and ten feet along the new roadway right-of-way. Sign, Height See Section 5.6: Signs. 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. Sign, Surface Area of See Section 5.6: Signs. The surface area of a sign, which is computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of surface area. Section 2.3 Definitions and Terms Animated Sign See “Sign, Animated” Awning A cover constructed of fabric, plastic, or a similar lightweight material that is entirely supported by the building to which it is attached, that has the purpose of shielding a doorway, window, porch, terrace, or platform from the elements. This term does not include a marquee or a canopy. Banner Sign See “Sign, Banner” Commented [RR1]: This is a new deflnition to clarify provisions in the sign regulations, as well as the landscaping regulations. Commented [RR2]: These provisions have been moved to Section 5.6 Signs to improve clarity for code users. Provisions have also been updated to incorporate provisions for signs with multiple faces currently included in Section 5.6.2.C. Commented [RR3]: Existing cross references in this section have been removed to improve clarity for code users. Commented [RR4]: This is a new deflnition to support a new “Sign, Awning” deflnition. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 2 Cultural Arts Center A type of indoor recreation use or facility dedicated to promoting and showcasing various art forms and cultural expressions, serving as space for artistic and cultural activities, including exhibitions, performances, workshops, and community engagement. Directional Sign (On Premises) See “Sign, Directional (on premises)” Flag Sign See “Sign, Flag” Flashing Sign See “Sign, Flashing” Incidental Sign See “Sign, Incidental” Integral Sign See “Sign, Integral” Kinetic Sign A sign that depicts motion either illusory or real. Marquee A permanent roof-life shelter constructed of durable material that is supported solely by the building to which it is attached that projects from the building face. A marquee is generally located at the main entrance to a building. This term does not include a canopy or awning. Multi-Unit Sign See “Sign, Multi-Unit” Nonconforming Sign Any sign or sign structure which was lawfully erected and maintained in accordance with all standards and provisions in effect at the time which fails to comply with the standards of Section 5.6, Signs, and any amendments thereto, and which fails to conform to any other applicable provisions of this Ordinance. Off-Premises Advertising Any sign either free standing or attached to a structure that directs attention to a business, commodity, service, entertainment, or other activity conducted, sold, or offered elsewhere than on the premises on which said sign is located. Outdoor Advertising Sign See “Sign, Outdoor Advertising” Pennant Sign See “Sign, Pennant” Commented [RR5]: This deflnition is proposed as it is referenced in a banner sign exception in Section 5.6. Commented [RR6]: This deflnition has been moved under “Sign, Kinetic.” Commented [RR7]: This is a new deflnition to support the new “Sign, Marquee” deflnition. Commented [RR8]: These provisions are relocated under “Sign, Off-Premises Advertising.” Commented [RR9]: This cross-reference and its associated provisions are deleted. This sign is now referred to as “Off-Premises Advertising Sign” for greater clarity. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 3 Portable or Moveable Sign See “Sign, Portable or Moveable” Principal Sign See “Sign, Principal” Projecting Sign See “Sign, Projecting” Revolving Sign See “Sign, Revolving” Roof Sign (Integral) See “Sign, Roof (integral)” Sign Any structure, part of a structure, or device attached to or painted or presented on any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, insignia, trademark, or other representation. device designed to inform or attract the attention of persons not on the premises on which the sign is located. A sign may include, but is not limited to, sources of illumination, unmarked banners or fiags, murals, and other devices or materials displayed to draw attention. Sign, A-Frame A portable sign designed to rest on the ground that consists of two sign faces connected at the top to form an “A” shape sign with a broad base and narrow top when viewed from the side. Also may be referred to as a “Sandwich Board Sign.” Sign, Awning A sign that is painted on or attached to an awning. This does not include an under-canopy sign. Sign, Animated Any sign which uses movement or change of lighting to depict action or to create a special effect or scene (compare “fiashing sign”). Sign, Banner A suspended sign made of a fiexible material such as canvas, sailcloth, plastic, or waterproof paper. This term does not include “feather fiag signs” as deflned in this ordinance. Sign, Changeable Copy A sign designed so that the characters, letter or illustrations can be changed or rearranged manually or electronically without altering the sign display surface. These signs can be classifled as “electronic changeable copy signs” or “manual changeable copy signs.” Sign, Directional (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.” Commented [RR10]: This deflnition has been updated with language used by the City of Wilmington to provide greater clarity. The current provisions indicating that the ordinance only considers signs to be devices designed to inform or attract those off-site have been incorporated into the Exemptions of Section 5.6: Signs. This will clarify that not all signs are subject to the standards of this ordinance. Commented [RR11]: This is a new deflnition to add clarity to existing provisions. Commented [RR12]: This is a new deflnition to add clarity to existing provisions. Commented [RR13]: As a formatting note, each Sign deflnition is left aligned and not formatted as a sub- deflnition under Sign like in the current Unifled Development Ordinance. Commented [RR14]: This is a new term and deflnition to support provisions for digital signs. Commented [RR15]: This term has been removed to increase clarity. The deflnition already specifles these signs are not off-premises, and the intent is to make it clear that directional signs not visible to those off site are not subject to the provisions in Section 5.6 per current standards. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 4 Sign, Electronic Changeable Copy A sign that displays text or images that can be changed electronically using digital technology, such as LEDs, LCDs, or other illumination devices. Sign, Feather Flag A type of portable fiag characterized by a narrow piece of (generally printed) fabric mounted on a lightweight frame. This term includes “feather banners” and “swooper fiags.” It does not include “banner fiags” as deflned in this ordinance. Sign, Flag Refers to devices generally made of fiexible materials such as cloth, paper or plastic, and displayed on a fiagpole. This type of sign may be referred to as a “fiag.” This deflnition does not include “feather fiags” or “banner fiags” as deflned in this ordinance. Sign, Flashing An illuminated sign of direct or indirect lighting on which the artiflcial light fiashes on and off in regular or irregular sequences. Sign, Floating Any sign painted on or attached to any boat or structure which fioats or is designed to fioat, whether such the boat or structure is self-propelled or not. Sign, Freestanding A self-supporting sign resting on or supported by means of poles, standards, or any other type of base on the ground. This term includes “pole signs” and “monument signs” as deflned by this ordinance. Sign, Incidental A single face or double face non-illuminated professional or announcement sign attached on or next to an entrance into a building wholly to a building, window, or door containing information relative to emergencies, store hours, credit cards honored, and other similar accessory information. Sign, Integral Names of buildings, dates of erection, monumental citations, tablets, and the like when A sign 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. Sign, Manual Changeable Copy A sign where the message or content can be altered by physically changing the letters, numbers, or other elements on the sign’s face. Sign, Monument A type of freestanding sign mounted on a solid base or monument, which does not have exposed poles or pylons. Commented [RR16]: This is a new term and deflnition to support provisions for digital signs. Commented [RR17]: This is a new term and deflnition to clarify current provisions related to fiags and pennant signs. Commented [RR18]: A new provision to differentiate this from a type of temporary banner. Commented [RR19]: This is a new deflnition for a previously undeflned sign type in the Unifled Development Ordinance. Commented [RR20]: This deflnition has been updated to be content-neutral. Commented [RR21]: This deflnition has been updated to be content neutral. Commented [RR22]: This is a new term and deflnition to support provisions for digital signs. Commented [RR23]: This a new deflnition for a term currently used in the Unifled Development Ordinance. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 5 Sign, Multi-Unit A freestanding sign which that contains three or more identiflcation signs for multi-occupancy premises, such as a shopping center. Sign, On-Premises Advertising A sign visible for any local or State road or highway that advertises activities conducted on the property which it is located or advertises the sale or lease of property upon which it is located. On- premises Advertising signs include all other deflned sign types except Off-Premises Advertising Signs Outdoor Advertising Signs. Sign, Off-Premises Advertising Any sign either free standing or attached to a structure that directs attention to a business, commodity, service, entertainment, or other activity conducted, sold, or offered elsewhere than on the premises on which said sign is located. Includes “off-premises outdoor advertising” as referenced in NCGS 160D-912. Sign, Outdoor Advertising Any sign either free standing or attached to a structure which directs attention to a business, commodity, service, entertainment, or other activity, conducted, sold, or offered elsewhere than on the premises on which said sign is located. [04-07-2025] Sign, Pennant A tapered or dovetailed banner or fiag. Sign, Pole A type of freestanding sign, also known as a “pylon sign,” that is elevated above the ground by one or more poles or uprights. Sign, Portable or Moveable 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. Sign, Principal A sign which directs attention to a business, commodity, service, entertainment, or other activity, conducted, sold, or offered exclusively on the premises upon which the sign is located. Sign, Projecting A sign end-mounted or otherwise attached to an exterior wall of a building or structure, and which projects out from the wall. Sign, Revolving A sign which revolves 360 degrees. Sign, Roof (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 inches. Chimneys or Commented [RR24]: The state of North Carolina has speciflc provisions for “off-premises outdoor advertising,” which include outdoor advertising visible from the main-traveled way of any road and outdoor advertising signs that are protected under NCGS 136 Article 11: Outdoor Advertising Control Act. Commented [RR25]: This term and deflnition have been removed as it is covered by “Off-Premises Advertising Sign.” Commented [RR26]: This is a new deflnition for a term currently used in the Unifled Development Ordinance. Commented [RR27]: This term is proposed for removal and updated language in Section 5.6: Signs clarifles current provisions that use this language. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 6 other similar features are not an integral part of a normal roof structure. Any integral roof sign shall be considered to be a wall sign and shall be subject to the regulations pertaining to wall signage. Sign, Special Purpose A temporary sign to announce sales, new products, openings, or closeouts, and other special events. Sign, Temporary Sign permitted for a period not exceeding 12 months, including for sale, for rent, construction company’s name, subcontractor’s names, architect’s, and planner’s names. A sign that is not intended for permanent installation and that can be easily removed, such as balloons/blimps, banners, fiags, and portable signs. Sign, Time and/or Temperature 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 fiashing or animated sign; time and temperature signs shall not change or alternate messages more frequently than once every three seconds. Sign, Under-Canopy A sign that is suspended beneath a canopy, ceiling, roof, marquee, or similar structure. Sign, Wall A sign which is attached to a wall or façade facing of a building. and which projects not more than eighteen inches from the wall. Sign, Wayfinding Signage interior to a development or a site that guides the circulation and navigation for vehicles and pedestrians within the site. Sign, Wind Device Any sign, except for fiags, banners, balloons, pennants, streamers, or other sign speciflcally deflned in this ordinance, that moves freely in the wind. Sign, Window 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. Special Purpose Sign See “Sign, Special Purpose” Temporary Sign See “Sign, Temporary” Time and/or Temperature Sign See “Sign, Time and/or Temperature” Commented [RR28]: This deflnition has been removed to ensure content-neutrality of regulations. Commented [RR29]: The deflnition for this type of sign is revised to ensure content-neutrality and to remove a standard, which is more clear when it is outlined as a sign standard instead of a deflnition. Commented [RR30]: This is a new deflnition for a sign type currently allowed in the Unifled Development Ordinance. Commented [RR31]: This provision is a standard, not an integral component of the deflnition, and has been moved to Section 5.6: Signs. Commented [RR32]: This is a clarifled deflnition of “Wayflnding Sign” currently listed in this section. Commented [RR33]: This deflnition revises the deflnition of “wind device” to be consistent with other provisions of this ordinance and is intended to refer to wind infiated devices like air dancers. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 7 Wall Sign See “Sign, Wall” Wayfinding Sign A sign of which the message is exclusively limited to guiding the circulation of and providing direction for motorists or pedestrians within the site. Wind Device Any fiag, banner, balloon, pennant, streamer, or similar device that moves freely in the wind. All wind devices are considered to be signs and are regulated and classifled as attached or detached by the same regulations as other signs. Window Sign See “Sign, Window” ARTICLE 3: ZONING DISTRICTS Section 3.3 Mixed Use Zoning Districts 3.3.5. RIVERFRONT MIXED USE (RFMU) PLANNED DEVELOPMENT DISTRICT D. Other District Standards 11. Signs a. Directional signs not exceeding 30 inches in height or 4 square feet in area which direct on-premises vehicular or pedestrian traffic and bearing no other identiflcation or advertising matter shall not be limited in number. An unlimited number of signs not exceeding 30 inches in height or four square feet in sign area may be installed in vehicular or pedestrian circulation areas. b. A multi-family or nonresidential principal building may install signs on or hanging beneath canopies or awnings or hanging beneath overhangs on porch roofs provided: 1. There is no projecting sign on the principal building; 2. The combined total area of signs applied to canopies and awnings shall not exceed 20 percent of the aggregate area of the face of the canopy or awning; and 3. Signs that are attached below a canopy, awning, overhang, or porch roof shall not extend beyond the width of such canopy, awning, overhang or porch roof and shall have a clearance of not less than 9 nine feet above the pedestrian walkway and shall not exceed 3 three square feet in area. c. A multi-family or nonresidential principal building may install on-premises window signs provided: Commented [RR34]: This deflnition has been revised and moved under Sign, Wayflnding. Commented [RR35]: The provisions for the RFMU district are not organized the same way as the other sign provisions in the ordinance, so they are listed here and not in Section 5.6: Signs. A cross-reference will alert users of the ordinance to the location of these provisions. In the proposed amendment, these standards have been amended for clarity and content-neutrality. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 8 1. The combined total area of the signs area of such signs shall not exceed an aggregate area equal to 10 percent of the total ground fiood glassed window area of the building; 2. Such signs, if located inside the window, may be neon signs; and 3. Such signs shall not be located above the second fioor. d. A single-family residential premises may erect one on-premises and/or one special purpose sign two signs subject to the following restrictions: 1. Such signs refer only to the name, home occupation, address, and/or special purpose of the occupant therein. 2. Such sign shall Does not exceed 4 four square feet in area. 3. Such sign shall be Is setback a minimum of 5 flve feet from any property line. 4. Such sign shall not be located at a height above 6 feet. Has a maximum height of six feet. e. A multi-family or nonresidential principal building may display incidental signs that are fiat mounted against the building, window, or door and do not exceed a total area of 2 two square feet. f. A revolving sign, speciflcally that of a striped barber pole, is allowed only in conjunction with a barber shop. g. External illumination, if used, shall not be blinking, fiuctuating, or moving. Light rays shall shine only upon the property within the premises and shall not spill over the property lines in any direction, except by indirect refiection. h. Any premises on which construction activities of any type are being performed may post one sign that does not exceed 35 square feet in area. i. On any parcel that is actively marketed for sale, one non-illuminated sign that does not exceed six square feet in sign area is permitted. j. Any premises or principal building may erect one real estate or construction sign advertising speciflc property for sale, rent, lease, development, or construction, locate don the premises, provided that sale, rent, or lease (real estate) signs do not exceed 6 square feet in area and development or construction signs do not exceed 35 square feet in area. k. Any premises may display one on-premises freestanding sign that does not exceed 35 square feet in area or 10 feet in height. l. Any principal building may display attached signs subject to the following restrictions: 1. Only one attached sign is permitted along per each frontage shall be permitted; 2. Such sign is An attached sign shall be mounted parallel to the building to which it is attached and project no more than 18 inches from that building; 3. Such signs An attached sign shall not extend beyond the roofiine of the building to which it is attached; and 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 9 4. The combined total area of such all attached signs shall not exceed 20 percent of the total area of the wall to which the sign is attached, not to exceed 200 square feet in total area. m. Attached signs may be displayed on the side or rear of a building adjacent to an off- street parking area if the off-street parking area is 33 feet or more in width. Such signs shall be subject to the same regulations as attached signs on the street side of the building. However, the side or rear of the building adjacent to the off-street parking area shall not be included when calculating the area allowable to attached signs on the street side. n. Any principal building may display one projecting sign subject to the following restrictions: 1. There is no detached sign on the premises; 2. Such The sign may project horizontally a maximum of 6 six feet but shall be set back at least 2 two feet from the back face of the curb or outer edge of the pavement where there is no curb. Setback distances for projecting signs which front on state roads must be approved by the North Carolina Department of Transportation (NCDOT); 3. Such signs The sign shall have a minimum clearance of nine feet over any pedestrian use area be erected at a height of not less than 9 feet above the sidewalk or other pedestrian passageway; 4. Such The sign shall not exceed beyond the roof line of the building to which it is attached; and 5. Such The sign shall not exceed 15 square feet in sign area. o. Any premises or principal building may place A-frame (sandwich board) signs on the public sidewalk subject to the following restrictions: 1. Only one sandwich board sign is allowed per street frontage. 2. No sandwich board The sign shall not exceed 8 eight square feet per side in sign area, with a maximum width of two feet and a maximum height of four feet. In addition, the width of the sign may not exceed 2 linear feet, with a maximum height of 4 feet. Within these specifled maximum dimensions, creative shapes that refiect the theme of the business being advertised are encouraged (i.e., ice cream shop may display a sign in the shape of an ice cream cone); 3. Sandwich board signs The sign shall be displayed only during operational hours of the business being advertised, and shall not be lighted. These signs and must be removed each day at the close of business. The hours of business operation shall be indicated on the inside surface of the sign board. 4. Sandwich board signs The sign may be placed on the sidewalk directly in front of the associated use, as follows: i. Along streets with no parallel parking, sandwich board signs shall be placed on the sidewalk within 4 four feet of the curb. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 10 ii. Along streets with parallel parking, a 2 two-foot step-out zone shall be provided, and sandwich board signs the sign shall be placed on the sidewalk between two and four feet at least 2 feet from the curb but not more than 4 feet from the curb. iii. The location of any sandwich board sign The sign shall be at least 20 feet from any intersection and at least 5 flve feet from any crosswalk or flre hydrant. iv. No sandwich board sign may be placed where the unobstructed space for the passageway of pedestrians is reduced to less than 4 four feet. Trees, poles, signs, hydrants, trash receptacles, tree grates, etc. and similar items are all considered obstructions. 5. The sign must shall be constructed of materials that present a flnished appearance. Rough cut plywood is not acceptable. The sign lettering should be professionally painted or applied; a “yard sale” or “graffiti” look with hand painted or paint-stenciled letters is not acceptable; however, chalkboard signs shall be permitted. The written message on the board should be kept to the minimum necessary to communicate the name of a business or a special message of the business. 6. Any person erecting a sandwich board an A-frame sign shall indemnify and hold harmless New Hanover the County and its officers, agents, and employees from any claim arising out of the presence of the sign on County property or public rights-of-way. The person erecting an A-frame a sandwich board sign shall sign an indemniflcation agreement, approved by the County Attorney, prior to the issuance of a sign permit. The indemniflcation agreement shall be accompanied by evidence of insurance covering the liability assumed in this subsection and the agreement. 7. Questions as to placement of sandwich board signs shall be determined by the Planning Director. p. Freestanding signs, pole signs, and outdoor advertising signs are prohibited. shall not be permitted. q. Project entrance signs shall be integrated into site entry, structural, and landscape features and meeting the following standards: 1. The sign area shall not exceed 75 square feet and its vertical dimension shall not exceed 4 four feet. 2. The maximum height of any entry structure shall not exceed 6 six feet. 3. The sign and any structures shall be located so as to not obstruct the view of persons entering or leaving the development. 4. The main and secondary entrances shall be designated on the site plan. 5. Two monument signs are allowed at the main entrance way, one on each side of the road or driveway with a combined total area not to exceed 150 square feet and with a maximum vertical dimension of 4 four feet. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 11 6. Secondary entranceways shall be restricted to one monument sign not to exceed 18 square feet in area and with a vertical dimension of 4 four feet. However, if secondary entranceway signs are incorporated within an entry wall or other entry feature, 2 two signs are allowed, one on each side of the access road, not to exceed a combined total surface area of 27 square feet and a vertical dimension of 4 four feet. 7. The main entranceway sign text is limited to the development name and the name of one tenant. Sign area devoted to a tenant name is limited to 25 percent of any sign area. 8. Secondary entranceway text is limited to the development name only. r. Internal illumination is prohibited except for kinetic signs, which may be allowed on buildings housing amphitheaters; cultural arts centers, including theaters; meeting and event centers; museums; and move theaters (except drive-ins); provided that: 1. The kinetic sign shall be displayed on only one wall of the building; 2. The wall on which the kinetic sign is displayed shall not front any thoroughfare or arterial road; 3. The kinetic sign shall not strobe or fiash or utilize graphics, letters, or text; 4. The area of the kinetic sign shall not exceed 1,200 square feet or 10 percent of the area of the building façade on which it is installed, whichever is less; 5. Between the hours of 11:00 PM and 7:00 AM, the kinetic sign color shall be stationary and restricted to one color; and 6. The kinetic sign shall be approved by the Riverfront Mixed Use development property owners’ association and shall be consistent with the architectural guidelines of the development. 3.4.6. OFFICE AND INSTITUTIONAL (O&I) DISTRICT E. Other District Standards 1. Signs. Signs of a directional nature shall be permitted; however, each such sign shall not exceed 2 square feet in surface area (one side) with no lighting and shall be limited to 7 feet in height. 3.4.7. SPECIAL HIGHWAY OVERLAY (SHOD) DISTRICT D. SHOD District Standards 6. Signs: Signs shall comply with Section 5.6, Signs, except that only one freestanding ground sign that does not exceed 6 six feet in height and a maximum surface area of 150 square feet is allowed within the 100-foot setback. No outdoor advertising signs are permitted. Commented [RR36]: These provisions are removed as they are not content-neutral. Commented [RR37]: These provisions are incorporated in Section 5.6: Signs. Commented [RR38]: For clarity, these provisions will remain in Section 3.4.7 but will be cross-referenced in Section 5.6: Signs. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 12 ARTICLE 4: USES AND USE-SPECIFIC STANDARDS Section 4.2 Allocation of Principal Uses Table 4.2.4.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a n d a r d s RA AR R-20 S R-20 R-15 R-10 R-7 R-5 RM F -L RM F -M RM F -MH RM F -H PD UM X Z B-1 CB B-2 O& I SC CS AC I-1 I-2 Commercial Uses Commercial Services Off-Premises Advertising Sign P* P* P* 4.3.4 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 13 4.3.2 RESIDENTIAL USES A. Household Living 12. Mobile Home Park e. Signage Permanent identiflcation signs for the park may be allowed provided: 1. The sign is non-illuminated and does not exceed 32 square feet in area; and 2. The sign shall be located on private property and at least ten feet from any public right-of-way and at least 20 feet from any dwelling unit. 4.3.3. CIVIC & INSTITUTIONAL USES A. Child & Adult Care 2. Family Child Care Home Family Child Care Homes in Residential Districts shall comply with the following standards: c. No outside sign in excess of two square feet shall be permitted, except when such facility is located on an existing roadway identifled as a collector or arterial facility on the most recent officially adopted Wilmington MPO Functional Classiflcation Map, in which case the maximum sign shall be 12 square feet. [05-03-2021] B. Civic 1. Animal Shelter Animal Shelters in R-15, R-20S, and R-20 Districts shall comply with the following standards: e. No outside sign in excess of 2.25 square feet in area shall be permitted. 4. Religious Assembly [11-16-2020] a. Religious Assemblies in the R-7, R-5 and RMF districts shall comply with the following standards: 1. Religious institutions up to 1,000 or fewer seats are allowed as long as: i. Structures are limited to a sanctuary or similar main gathering facility that may also include individual rooms for administration, dining halls, and classrooms. Accessory structures for maintenance and storage purposes are permitted. ii. Signs shall not be internally illuminated. C. Communication and Information Facilities 1. General Requirements for All Communication and Information Facilities Commented [RR39]: For content neutrality purposes, use speciflc sign regulations are proposed to be removed. This use would now be subject to the same rules as other signage for residential developments in residential districts which are allowed 35 square feet in sign area and are proposed to include similar restrictions on illumination. Commented [RR40]: For content neutrality purposes, use speciflc sign regulations are proposed to be removed. These provisions are now refiected in language in Section 5.6 addressing wall signs in residential zoning districts. Family child care homes are allowed in other zoning districts, so the provisions of those districts would apply due to this reorganization. However, they are only allowed with special use permits so additional limitations could be considered during that review process. Commented [RR41]: For content neutrality purposes, use speciflc sign regulations are proposed to be removed. These provisions are now refiected in language in Section 5.6 addressing wall signs in residential zoning districts. Freestanding signs would be allowed under the new reorganization, but as this use is only allowed with a special use permit, additional sign limitations could be considered as part of that review process. Commented [RR42]: These provisions are removed, and staff proposes requiring Religious Assemblies in these districts have the same allowances and provisions provided for Religious Assemblies and other nonresidential uses in other residential districts. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 14 The following information shall apply to all communications and information facilities: d. Signage Signage shall comply with the following standards: 1. Attaching commercial messages for off-site or on-site advertising shall be prohibited. 2. The only signage that is permitted upon an antenna, wireless support structure, equipment cabinet, or fence shall be information and for the purpose of identifying: i. Identifying tThe antenna support structure (such as ASR registration number); ii. Identifying tThe party responsible for the operation and maintenance of the facility and their current address and telephone number; iii. Its current address and telephone number; iv. Security or safety signs; v. Identiflcation of the pProperty manager signs for the tower (if applicable); and vi. Signage appropriate to warn the general public as to the use of the facility for radiofrequency transmissions; and vii. Other signs required by state and or federal standards. 4.3.4 COMMERCIAL USES A. Amusement & Entertainment Uses 4. Indoor Recreation Establishment [11-16-2020] Indoor recreation establishments in residential districts and in the O&I District shall comply with the following standards: b. Signage shall be limited to one ground sign not to exceed 32 square feet and shall be set back from the right-of-way at least 25 feet. 5. Outdoor Recreation Establishments [11-16-2020] Outdoor recreation establishments in residential districts and the O&I District shall comply with the following standards: b. Signage shall be limited to one ground sign not to exceed 32 square feet and shall be set back from the right-of-way at least 25 feet. B. Animal Services 3. Kennel [11-16-2020] Kennels in the R-15, R-20S, and R-20 districts shall comply with the following standards: Commented [RR43]: This provision is not content- neutral and is covered by the following provisions. Commented [RR44]: For content neutrality purposes, use speciflc sign regulations are proposed to be removed. These provisions are now refiected in language in Section 5.6 for freestanding signs in residential and O&I districts. Residential districts allow 35 square feet in sign area, and signage in O&I is more limited except when the property is located along a 4-lane highway. Commented [RR45]: For content neutrality purposes, use speciflc sign regulations are proposed to be removed. These provisions are now refiected in language in Section 5.6 for freestanding signs in residential and O&I districts. Residential districts allow 35 square feet in sign area, and signage in O&I is more limited except when the property is located along a 4-lane highway. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 15 e. No outside sign in excess of 2.25 square feet in area shall be permitted. C. Commercial Services 1. Off-Premises Advertising Sign See Section 5.6: Signs. E. Lodging 1. Bed and Breakfast Inn [11-16-2020] Bed and breakfast inns in the RA, AR, R-20S, R-20, and R-15 districts shall comply with the following standards: b. The only signage allowed shall be one attached wall sign no greater than four square feet. 2. Campground/Recreational Vehicle (RV) Park n. Park identiflcation signs shall comply with the following standards: 1. No more than two signs with a total area of not more than 32 square feet for each sign may be permitted. 2. Signs shall be located on park property no closer than 10 feet to any property line or road right-of-way. 3. Only indirect non-fiashing lighting may be used for illumination and the sign must be constructed in such a manner as to prevent a direct view of the light source from any public right-of-way. 4.4.4 STANDARDS FOR SPECIFIED ACCESSORY USES AND STRUCTURES F. Home Occupations Home occupations shall comply with the following standards: 3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than the one sign not exceeding 2.25 square feet in area, non-illuminated, and mounted fiat against the wall of the principal building allowed in Section 5.6. 4.5.4 STANDARDS FOR SPECIFIED TEMPORARY USES D. Farmers’ Market Farmers’ markets shall comply with the following standards: 11. Only temporary signage shall be allowed for these temporary uses. A maximum of two temporary signs shall be allowed on site to advertise for the market as a whole. Commented [RR46]: For content neutrality purposes, use speciflc sign regulations are proposed to be removed. These provisions are now refiected in language in Section 5.6 addressing wall signs in residential zoning districts. Freestanding signs would be allowed under the new reorganization, but as this use is only allowed with a special use permit, additional sign limitations could be considered as part of that review process. Commented [RR47]: For content neutrality purposes, use speciflc sign regulations are proposed to be removed. These provisions are now refiected in language in Section 5.6 addressing wall signs in residential zoning districts. Those provisions would only allow smaller wall signs than currently allowed. Freestanding signs would be allowed, but as these uses require special use permits in these districts, additional limitations around signage could be considered as part of that review process. Commented [RR48]: For content neutrality purposes, use speciflc sign regulations are proposed to be removed. These provisions are now refiected in language in Section 5.6 that would allow similar sized signs as current standards for residential districts. Freestanding signs in nonresidential district could be larger than currently allowed. Commented [RR49]: It is helpful for code users to include all standards for Home Occupations in one place in the ordinance. This language has only been modifled to reference that these sign requirements are not use- speciflc and are outlined in Section 5.6. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 16 a. Temporary signage consistent with the permit may be installed no more than two days prior to the start of market activities and shall be removed at the conclusion of operating hours. b. Individual signs shall not exceed 35 square feet in sign area. c. All permitted signs shall have a maximum height of six feet and shall be set back a minimum of ten feet from any property line. d. Illumination of signage is prohibited. ARTICLE 5: GENERAL DEVELOPMENT STANDARDS Section 5.1 Parking and Loading 5.1.3 ALTERNATIVE PARKING PLANS B. Shared Off-Site Parking 3. Signage Signage complying with the standards of Section 5.6, Signs, shall be installed to identify the location of shared parking spaces provided to the public to the shared parking spaces. Section 5.6. Signs 5.6.1. 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 property 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, flre, decay, collision, or abandonment; 2. Do not obstruct flre-flghting or police surveillance; and 3. 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. B. 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; 2. Businesses and services may identify themselves; Commented [RR50]: For content neutrality purposes, use speciflc sign regulations are proposed to be removed. Farmers’ Markets would be subject to the same temporary sign standards as any other uses. Commented [RR51]: While these provisions are regarding signage that is required, language was amended for clarity. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 17 3. Customers and other persons may effectively locate a business or service; 4. No person or group is arbitrarily denied the use of the sign lines from the public right-of-way for communication purposes; and 5. Persons exposed to signs are not overwhelmed by the number of size of messages presented and are able to exercise freedom of choice to observe or ignore sign 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 of the 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; 4. Are not detrimental to land or property values; and 5. Contribute to the special character of particular areas of the community, helping to orient the observer within it. D. Outdoor Advertising Signs 1. Outdoor advertising signs are herein regulated for the purposes of regulating excess signage, encourage 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. 2. 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 identiflcation 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-premises signs. 5.6.1 APPLICABILITY A. General Except as provided in subsection B below, the standards in this section apply to all signs constructed, erected, altered, or maintained within unincorporated New Hanover County. Additional regulations apply to signs in certain zoning districts (see, e.g., Section 3.3.5. Riverfront Mixed Use (RFMU) Planned Development District) or uses (see Section 5.6.4.C. Use-Speciflc Sign Standards). B. Exemptions The standards in this section do not apply to the following: 1. Gravestones marking an authorized or historical burial or memorial site; 2. Traffic control signs and devices and similar signs erected by a government agency for public safety purposes; 3. Signs required by federal, state, or other agencies; Commented [RR52]: Purpose statements were removed from other development standards sections when the UDO was created to avoid confusion regarding whether provisions are regulatory. These purpose statements are proposed for removal for consistency, and policy documents and staff reports would serve as the official record of the purpose and intent of provisions. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 18 4. Political signs placed in state road rights-of-way in accordance with NCGS 136-32(b). 5. 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.); 6. Signs facing the inside of athletic flelds; and 7. Any sign that is not visible from any point outside the property on which it is located, including wayflnding signs. C. Severability If any subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section or any adopting ordinance is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other subsections, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section. D. Substitution of Non-Commercial Message Notwithstanding anything contained in this section to the contrary, any sign erected in accordance with the provisions of this section may, at the option of the owner, contain a non-commercial sign message in-lieu of a commercial sign message. The non-commercial copy may be substituted at any time in place of the commercial copy provided that the sign complies with all other standards in this section. 5.6.2 GENERAL PROVISIONS A. Permission of Owner Required No sign shall be posted on private property except by the owner of the property or someone acting on behalf of or with permission of the owner. B. Permit Requirements 1. General Except as provided in Subsection 2 below or elsewhere in this Ordinance, a sign permit shall be obtained before commencing the construction, alteration, erection, addition to, or movement of any sign or off-premises advertising sign or part of a sign. 2. Exemptions A sign permit is not required before the posting of one of the following signs. However, all signs shall comply with all other requirements of this section. a. One sign along each street frontage of a construction project, not to exceed 20 square feet in sign area in residential zoning districts or 35 square feet in sign area in all other zoning districts. Such signs may be erected no more than ten days prior to the beginning of site work or construction and shall be removed within 30 days following issuance of a certiflcate of occupancy. b. On each lot, up to four freestanding signs, each with a maximum of three square feet in sign area and 30 inches in height. c. Non-illuminated political signs less than 12 square feet in sign area. Such signs may be placed on private property with the permission of the property owner beginning Commented [RR53]: This is new language referencing 2011 state legislation. Commented [RR54]: This carries forward the exemptions in Section 5.6.2.E of the current UDO with revisions for clarity and content neutrality. It adds a provision related to signs required by federal, state, or other agencies to cover public signs, notices, and bona flde navigational aids as outlined under Section 5.6.2.I. in the current UDO. Commented [RR55]: New language that substitutes for several mentions of this rule throughout the sign regulations in the current UDO. Commented [RR56]: This section incorporates provisions currently included in Section 5.6.2.I. Signs Which Do Not Require a Permit. Some signs that currently do not require a permit have been omitted from this list due to the risk of noncompliance with required standards. The permitting process is how it is determined that the sign meets all required standards. Commented [RR57]: This is a version of the provisions included in Section 5.6.2.I.2 modifled for clarity and content-neutrality. Commented [RR58]: This is a content-neutral form of the provisions in the current 5.6.2.A.2.b. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 19 no more than 30 days before the beginning of early voting for an election and ending 30 days after the election. d. For each roadway frontage on a parcel of land that is actively marketed for sale or rent one non-illuminated sign is allowed. The sign shall not exceed 20 feet in sign area and must be removed within 30 days following the rental or sale of the parcel. e. Incidental signs not to exceed six square feet in aggregate sign area per occupancy. f. Signs affixed to residential structures not exceeding four square feet in area. g. Flags, subject to the standards of Section 5.6.4.D. h. Freestanding, non-illuminated signs on private property within 2,500 feet of a property or residential subdivision on which real estate is being offered for sale, in accordance with the following: 1. Each sign shall have a maximum of four square feet in sign area and three feet in height. 2. Signs shall only be placed at intersections with no more than one sign located at each intersection 3. No sign shall block any sight distances at any intersection. 4. No sign shall be placed within a public or private road right-of-way or be placed on trees, utility posts, traffic control signs, or other signs. 5. No sign shall have lighting, moveable elements, or fiags. 6. If the property or residential subdivision is offering multiple lots or units for sale and has a temporary sales office or model unit on site, each sign may remain in place continuously while the temporary sales office or model unit is on site. 7. If the property is offering a single unit for sale or there is no model unit or temporary sales office on the site of a residential subdivision, each sign may remain in place from 4 PM on Friday to 8 AM on the following Monday, except that on the following specifled holidays, signs may be posted after 4 PM the day prior to the actual holiday and shall be removed by 8 AM the following the holiday: New Year’s Day, Martin Luther King, Jr. Day, Good Friday (Friday before Easter), Azalea Festival (Friday), Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day (Thursday and Friday), and Christmas Day. C. Rules of Measurement 1. Sign Height The vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and the average undisturbed grade adjacent to the sign. Where the elevation of a sign location is more than flve feet below the surface of a roadway, the maximum sign height shall be measured from the elevation of the roadway closest to the sign. 2. Sign Area a. The surface area of a sign, which is computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of Commented [RR59]: This is a version of the provisions included in Section 5.6.2.I.4 modifled for clarity. Commented [RR60]: This is a version of the provisions included in Section 5.6.2.I.6 modifled for clarity. Commented [RR61]: This is a version of the provisions included in Section 5.6.2.I.8 modifled for content- neutrality. Commented [RR62]: This is a version of Section 5.6.2.I.10 modifled for clarity. Commented [RR63]: This is a version of the provisions included in Section 5.6.2.A.2.k modifled for clarity and content-neutrality. Because of the content-neutral language, there may be additional limitations on the number of allowable signs. Commented [RR64]: This carries forward Section 5.6.2.C of the current UDO and incorporates the rules for measuring signs from Section 2.3 with revisions for clarity and content-neutrality (removal of references to “advertising matter”). The deflnition for sign height has also been updated to allow for more consistent application of standards (measured from average undisturbed grade adjacent to the sign rather than roadway elevation, except when a 5+ ft. elevation difference exists). That language is modeled on the sign height measurement used by the City of Wilmington. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 20 the display area of the sign and including all of the elements of the matter displayed. In computing the sign area in square feet, standard mathematical formulas for known or common shapes shall be used. In the case of irregular shapes, straight lines drawn closest to the extremities of the shape shall be used. See Figure 5.6.2.C.2: Measurement of Sign Area. b. Frames and structural members not bearing communicative matter shall not be included in computation of surface area. c. If a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except if two faces are placed back-to-back and are at no point more than two feet from one another, the total sign area shall be calculated as the larger of the two faces or the area of one face, if both faces have the same sign area. AD. Compliance with Building and Electrical Codes All signs shall be constructed in accordance with the requirements of the local and state North Carolina State Building Code and the National Electrical Code. 1. Anchoring a. Signs shall be suspended by nonrigid attachments that will allow the sign to swing in a wind. b. All freestanding signs and outdoor advertising signs shall have self-supporting structures erected on or permanently attached to concrete foundations. c. All portable signs on display shall be braced or secured to prevent motion. 2. 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. 3. Additional Construction Specifications a. No signs shall be erected, constructed, or maintained so as to obstruct any required exit, flre escape, window or door opening used as a means of egress. b. 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. c. 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 speciflcations. 4. Maintenance and Removal Should any sign become in danger of falling or is deemed otherwise unsafe in the opinion of the Building Safety Director, the owner, or the person or flrm maintaining the same, shall upon written notice from the Building Safety Director, forthwith in the case of immediate danger and in any case within 10 days, secure the sign in a manner to be approved by the Building Safety Director in conformity with the provisions of the state building code, or remove the sign. If the sign is not removed, the Building Safety Commented [RR65]: A graphic showing this measurement is currently being flnalized. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 21 Director or his designated agent may initiate legal procedures to obtain the necessary court orders to remove such sign at the expense of the owner or lessee. B. Abandoned Signs Any on-premises sign related 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 the sign has not been removed after the removal time has expired and after proper written notiflcation is given, the Planning director may initiate legal procedures to remove the sign(s) at the expense of the owner or lessee. C. Sign Measurements 1. General – For the purpose of this section, 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 formulas for known or common shapes will be used. In the case of the irregular shapes, straight lines drawn closest to the extremities of the shape will be used. 2. Multiple Faces – Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two such faces are placed back-to-back and are at no point more than two feet from one another. The area of the sign shall be taken as the area of the larger face if the two faces are of unequal area; if the areas of the two faces are equal, then the area of one of the faces shall be taken as the area of the sign. E. Minimum Clearance All freestanding, awning, marquee, and under-canopy signs shall have a minimum clearance of nine feet over any pedestrian use areas. DF. Lighting Illumination Unless otherwise specifled in this section, all signs may be illuminated but may not include. However, no sign regulated by this Ordinance may utilize: 1. An exposed incandescent lamp or other light source with an external refiector without that does not have a sunscreen or comparable diffusion element. 2. An exposed incandescent lamp or other light source unless a screen is attached; or 3. A revolving beacon light. G. Changeable Copy 1. Manual Changeable Copy Manual changeable copy is permitted on any freestanding sign. 2. Electronic Changeable Copy (Digital) Where permitted, electronic changeable copy signs shall meet the following standards: a. Changeable copy displays shall remain static for a minimum of eight seconds prior to each change. b. Each change of display shall be accomplished within two seconds. Commented [RR66]: These provisions are elements regulated by the NC Building Code. Repeating them in the UDO does not impact whether current standards are required but can cause confusion or administrative difficulties if the building code changes or there are questions regarding enforcement mechanisms. Commented [RR67]: These provisions are incorporated into the new Section 5.6.2.H. Commented [RR68]: These provisions are incorporated into the new Section 5.6.2.C above. Commented [RR69]: This carries forward the minimum clearance requirements in Section 5.6.2.J.4.e of the current UDO without changes. Commented [RR70]: These are new proposed provisions based on prior consultant recommendations and City of Wilmington provisions. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 22 c. Transitions between displays shall be instantaneous and shall not incorporate animation, fiashing, scrolling, simulated movement, or special effects. d. The luminance of any changeable copy sign shall not exceed 5,000 nits during daylight hours and 150 nits during non-daylight hours. Signs using LED, CCD, plasma, or functionally equivalent technologies shall include automatic dimming technology certifled by the manufacturer or a qualifled professional, and luminance settings shall be factory preset and protected from end-user manipulation through password protection or another method approved by the Director. e. All changeable copy signs shall be designed to maintain a static display or discontinue display entirely in the event of malfunction. f. The display shall not be conflgured to resemble or simulate any warning, danger signal, or official traffic control sign or device. g. The content of each display shall be complete in itself and not continued on subsequent displays or other signs. h. Changeable copy signs utilizing digital display technology shall be located a minimum of 1,000 feet from any other changeable copy sign utilizing digital display technology, as measured along the same side of the roadway or across the street frontage. H. Audio Components Audio components of signs shall be limited to those necessary for compliance with the Americans with Disabilities Act or other state or federal requirements. E. Exemptions This section shall not related to building design, nor shall this section regulate official traffic signs, gravestones, lighting, or displays of a seasonal, religions, or traditional nature (e.g., Christmas or Chanuka lights or decorations, Thanksgiving decorations, Halloween lights or decorations, etc.) which are not commercially-oriented, scoreboards on athletic flelds, or any display or construction not deflned 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. F. Permits Required Unless otherwise speciflcally provided, a sign permit shall be obtained in accordance with Section 10.3.8, Zoning Compliance Approval, before commencing the construction, alteration, erection, addition to, or moving of any sign or outdoor advertising sign or part thereof. G. 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 harmless and indemnify the County, its officers, agents, and employees, against any and all claims of negligence resulting from such work insofar as this section has not speciflcally 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. Commented [RR71]: This provision is intended to support new technology that can assist those with visual impairments or improve safety but could impact the use and enjoyment of adjacent properties if not restricted. Commented [RR72]: These provisions are now incorporated into Section 5.6.1.B above. Commented [RR73]: These provisions are now incorporated into Section 5.6.2.B above. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 23 3. All persons involved in the installation, maintenance, relocation, or alteration of signs shall maintain all required insurance and shall flle with the state a satisfactory certiflcate of insurance to indemnify the city, state, or County against any form of liability to a minimum of $100,000. H. Removal of Unsafe or Abandoned Signs 1. Maintenance and Removal Should any sign become in danger of falling or is deemed otherwise unsafe as determined by the New Hanover County Building Safety Director, the Building Safety Director shall provide notice to the owner of the sign or person or flrm maintaining it requiring the removal or securing of the sign. Removal or securing of the sign shall be done within 10 days and in the case of immediate danger, may be required to be remedied immediately. The method of securing the sign shall be determined by the Building Safety Director in conformity with the provisions of the state building code. If the sign is not removed, the Building Safety Director or his designated agent may initiate legal procedures to obtain the necessary court orders to remove such sign at the expense of the owner or lessee. 2. Abandoned Signs Any on-premises sign relating to any business or other use shall be removed by the owner of the property on which the sign is located or the owner of the sign within 60 days after the business or activity is vacated or terminated. If the sign is not removed by the removal time, after property written notiflcation is given, the Planning Director may initiate legal procedures to remove the sign in compliance with the provisions of NCGS 160D-912.1. HI. Prohibited Signs Except as speciflcally provided in this Ordinance, In all zoning districts the erection, construction, location or the use of any sign the following signs is prohibited as follows. Such Prohibited signs, if deemed to create a public safety hazard by the Building Safety Director, may be removed immediately as outlined in the Maintenance and Removal provisions in Section 5.6.3.H.; otherwise, prohibited signs shall be removed as provided under Section 5.6.4.K. See Table 5.6.2.H: Permitted and Prohibited Signs, by Zoning Districts. 1. Signs within or that protrude into a public right-of-way, street, or passageway without permission of the appropriate government agency 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 speciflcally for in this section. 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 or other utility pole, telegraph pole, electric light pole, or other utility pole, public fence, or on a flxture of a flre alarm or police call system within any public right-of-way, except for signs installed by or with the approval of the appropriate government agency. 3. Freestanding signs located within No detached sign shall be located closer than 10 feet in any direction from any power or transmission line, not including the support structure Commented [RR74]: These provisions are part of the building permit component of a sign project so are proposed to be removed from UDO standards. Commented [RR75]: This is a clariflcation of the provisions currently located in Section 5.6.2.A.4. Commented [RR76]: This is a clariflcation and legal update of the provisions currently located in Section 5.6.2.B. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 24 (e.g., a power pole). (NOTE: This does not include the supporting structure, e.g., the power pole.) 4. Signs whose 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, including signs 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. 5. Signs prohibited by NCGS 136-32.2., including signs No sign shall be permitted, as specifled in Section 136-32.2, N.C.G.S., that would obstruct or resemble traffic signs or signals, or would tend to be confused with a fiashing light of an emergency vehicle. 6. Signs placed on or above the roof of a structure. This does not include “Roof Signs” as deflned in this ordinance. 7. Animated or fiashing signs, using moving images, changing colors, or revolving or rotating beams of light. This does not include electronic changeable copy signs permitted under this section. 8. Signs which revolve 360 degrees. Table 5.6.2.H: Permitted and Prohibited Signs, by Zoning District X= Prohibited P=Permitted Sign Type Residential District O&I District B-1, CB, UMXZ, and PD Districts B-2 and SC Districts CS, I-1 and AI Districts I-2 District 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 Commented [RR77]: These provisions incorporate sign types currently prohibited in all zoning districts. Commented [RR78]: The provisions in this table are now incorporated into Table 5.6.3.A: Permitted Permanent Attached Signs, by Zoning District; Table 5.6.4.A: Permitted Temporary Signs, by Zoning District; or as a bullet in Section 5.6.2.I 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 25 Table 5.6.2.H: Permitted and Prohibited Signs, by Zoning District X= Prohibited P=Permitted Sign Type Residential District O&I District B-1, CB, UMXZ, and PD Districts B-2 and SC Districts CS, I-1 and AI Districts I-2 District 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 9. Signs which Signs Constituting Fire Hazards. No sign shall be permitted to prevent free ingress and egress from any door, window, or flre escape. 10. Signs that contain statements, words, or pictures that are obscene, as deflned by NCGS 14-190.1. Signs Pertaining to Specifled Activities or Containing “Vulgar” Words. No sign shall contain statements, words, or pictures which describe or display “specifled anatomical areas” or “specifled sexual activities,” as deflned in this Ordinance or which contain words which are classifled as “vulgar” or “vulgar slang” in the New College Edition of the American Heritage Dictionary of the English Language. 11. 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 speciflcally provided in this section. 12. 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 fiashes, except for time and temperature signs. 13. Signs on Vehicles. No sign shall be placed on a vehicle or trailer which is parked or located for the primary purpose of displaying the sign, provided that authorized portable signs (see Section 5.6.4.D: Portable Signs) and (this does not apply to permitted portable signs, or to signs or lettering on buses, taxis, or vehicles operating during the normal course of business) are permitted. Commented [RR78]: The provisions in this table are now incorporated into Table 5.6.3.A: Permitted Permanent Attached Signs, by Zoning District; Table 5.6.4.A: Permitted Temporary Signs, by Zoning District; or as a bullet in Section 5.6.2.I Commented [RR79]: Current provisions may not be aligned with current legal interpretations related to flrst amendment protections. The proposed language mirrors the provisions in the City of Wilmington code and reference state legislation prohibiting the intentional dissemination of obscenity. Commented [RR80]: This provision was removed as it is covered elsewhere in this section. Commented [RR81]: This provision has been incorporated previously in this section. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 26 14. Signs painted on or attached to any boat or structure which fioats or is designed to fioat, whether such boat or structure is self-propelled or not, which are parked or located for the primary purpose of displaying the sign. Markings such as name and registration information that may be required by federal or state law or signs or lettering on boats operating during the normal course of business are permitted. Floating Signs. Floating Signs are not permitted. 15. Pennant signs except as navigational aids exempt from the provisions of this ordinance. 16. Wind device signs, as deflned by this ordinance. I. Signs Which do not Require a Permit The following types of signs are exempted from the sign permit requirements but must comply with all other requirements of this section. 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 zoning districts or 35 square feet in sign area in all other zoning districts. Such signs may be erected ten 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 three square feet in sign area of 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 signs, indicating that the candidate is aware of all regulations concerning political signs, that all supporters receiving the signs will be advised of these regulations and ordered to follow them, and that the signs shall be removed as required by these regulations. 5. Public signs or notices or any sign relating to an emergency. 6. Real Estate Signs. One non-illuminated real estate sign per street frontage, not to exceed 20 square feet in sign area. Such signs must be removed 30 days following rental, sale, or lease. 7. Incidental signs not to exceed six square feet in aggregate sign area per occupancy. 8. Residence signs, nameplates, or street address numbers, not exceeding four square feet in area. 9. Signs used for bona-flde navigational aids. 10. Flags. 11. Off-Site Real Estate Signs. Off-site real estate signs which are generic signs with display content limited to a directional arrow and/or one descriptive phrase of “open house” or Commented [RR82]: This provision incorporates and clarifles the standards currently located in 5.6.3.D. Commented [RR83]: This language incorporates an existing provision regarding signs such as Air Dancers. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 27 “home for sale,” and allowed off the premises from where the real estate product is being offered that comply with the following requirements: a. Be located on private property only with written permission of the applicable property owner. The property owner or real estate agency stall be subject to the applicable penalties for violation of these provisions. b. Be no greater than four square feet in area. c. Be no higher than three feet, measured from the adjacent ground elevation to the uppermost portion of the sign. d. Only locate one sign per intersection. e. Not block any sight distances of any intersection. f. Not be placed within a public or private road right-of-way. g. Be freestanding. h. Not be placed on trees, utility posts, traffic control signs, or other signs. i. Not have lighting, moveable elements, or fiags. j. Comply with the following allowable times of placement: 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 specifled 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 specifled 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 J. Signs Which Require a Permit 1. Subdivision Identification Signs Commented [RR84]: These provisions are incorporated into 5.6.2.B or are proposed to require permits moving forward to ensure that people are not making substantial investments in signage without ensuring it meets all standards using the permit review process. Staff’s recommendation is that any sign that would require a building permit under the NC Building Code should also require zoning review for compliance with standards. Commented [RR85]: These provisions are incorporated into a new Section 5.6.3 Permanent Signs. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 28 Two subdivision identiflcation signs per entrance, not to exceed 35 square feet each in sign area. Identiflcation signs may be located on privacy and freestanding walls. Unless otherwise specifled, if the identiflcation sign is located on a freestanding wall, the wall shall not exceed six feet in height, or the height of the subdivision privacy wall, whichever is greater. 2. Identification signs One identiflcation sign per apartment or condominium complex entrance, not to exceed 35 square feet in sign area. Identiflcation signs may be located on walls provided such walls do not exceed four feet in height and 75 square feet in area. 3. Freestanding Signs in Residential Areas For permitted nonresidential uses, including churches and synagogues, one freestanding sign per frontage, not exceeding 35 square feet in sign area, an done marquee sign not to exceed 25 feet in sign area. All permitted freestanding signs shall have a maximum height limit of six feet and shall have a minimum setback of flve 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. 4. Principal Use Signs a. Freestanding Signs 1. Primary. One primary freestanding sign per premises, in accordance with Table 5.6.2.J.4.a: Freestanding Sign Standards. Table 5.6.2.J.4.a: Freestanding Sign Standards Zoning District Number of Lanes Street Frontage (Feet) [1] Front Setback (Min./Max.) (Feet) [2][3] Maximum Primary Sign Height (Feet) Maximum Aux. Sign Height (Feet) Maximum Primary Sign Area (Square Feet) Maximum Auxiliary Sign Area (Square Feet) O&I [10-03-2022] 2 N/A 10/20 20 10 12 25 4 >100 10/20 20 N/A 75* N/A B-1, PD, CB [09-08- 2020] 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, CS, I- 1, I-2, AC, SC [09-08- 2020] 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 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 29 Table 5.6.2.J.4.a: Freestanding Sign Standards Zoning District Number of Lanes Street Frontage (Feet) [1] Front Setback (Min./Max.) (Feet) [2][3] Maximum Primary Sign Height (Feet) Maximum Aux. Sign Height (Feet) Maximum Primary Sign Area (Square Feet) Maximum Auxiliary Sign Area (Square Feet) NOTES: [1] 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. [2] Notwithstanding the minimum and maximum front setback requirements indicated above, primary freestanding signs which do not exceed six feet in height and are less than 76 percent of the maximum sign area established above, may be located within five feet of the front property line and shall have no maximum front setback. [3] Front Setback refers to the setback from the front or corner side property lines. *Sign area for properties located adjacent to minor or major arterials as identified on the officially adopted WMPO Functional Classification Map. Otherwise, the maximum area for 2-lane roadways shall apply. 2. 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 two auxiliary freestanding signs shall be permitted on each road frontage for each parcel of property. 3. 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 feet in height and a maximum surface area of 150 square feet is permitted. b. Wall Signs. Up to flve 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 of 250 square feet per each occupancy. c. Under-Canopy Signs. One under-canopy sign per occupancy, not to exceed four square feet in sign area. d. On-Premises Window Signs. Any principal building may install on-premises window signs, provided: 1. The area of such signs shall not exceed an aggregate area equal to 10 percent of the total ground fiood glassed window area of the building. 2. Such signs, if located inside the window, may be neon signs. 3. Such signs are prohibited above the second fioor occupancy. e. Special regulations and allowances for principal use signs: 1. Corner Lots. Where an occupancy is on a corner or has more than one main street frontage, an additional wall sign and an additional freestanding sign 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 30 are allowed on the additional frontage, not to exceed the number and size limitations of other allowed wall and freestanding signs. 2. Minimum Clearance. All freestanding, awning, marquee, and under-canopy signs shall have a minimum clearance of nine feet over any pedestrian use area. 3. Awning Signs. Three awning signs per occupancy, not to exceed 20 percent of the surface area of an awning. 4. Multi-Unit Signs. Multi-unit signs consist of three or more individual identiflcation signs. These individual signs shall be designed to refiect a unifled graphic appearance (e.g., size and material type), as determined by the Planning Director. 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 identiflcation sign. 5.6.3. PERMANENT SIGNS A. Attached Signs 1. General Table 5.6.3.A: Permitted Permanent Attached Signs, by Zoning District, identifles attached signs that are permitted in each zoning district, subject to the standards that apply to speciflc types of signs identifled in the right-most column of the table. For attached sign standards in the Riverfront Mixed Use District, see Section 3.3.5: Riverfront Mixed Use (RFMU) Planned Development District. Table 5.6.3.A: Permitted Permanent Attached Signs, by Zoning District P = Permitted Blank Cell = Prohibited Sign Type Zoning Districts Speciflc Sign- Type Standards All Residential Districts O&I B-1, CB, UMXZ, PD B-2, SC CS, I-1, AC I-2 Awning P P P 5.6.4.A.2 Integral P P P P P P 5.6.4.A.3 Marquee P 5.6.4.A.4 Under-Canopy P P P P P 5.6.4.A.5 Wall P P P P P P 5.6.4.A.6 Window P P P P P 5.6.4.A.7 2. Awning Signs Each tenant in a building is permitted a maximum of three awning signs, provided that no sign shall cover more than 20 percent of the surface area of an awning. 3. Integral Signs Each building is permitted a maximum of two integral signs, each no more than 10 square feet in sign area. Commented [RR86]: This adapts Table 5.6.2.H: Permitted and Prohibited Signs by Zoning District in the current UDO and lists only permanent attached signs. The ‘AI’ district reference has been revised to ‘AC’ in line with a previous change in the name of that district. Commented [RR87]: In order to achieve content neutral provisions for non-residential uses conducted in a residence, such as home occupations and family child care homes, this permission has been added to replace current provisions in the ordinance. The standards for wall signs below has been updated to specify the different standards in different types of districts. Commented [RR88]: This carries forward Section 5.6.2.J.4.e.3 in the current UDO. Commented [RR89]: Current provisions in the ordinance related to the type of information provided on permitted integral signs (names of buildings, dates of erection, monumental citations, tablets and the like) due to achieve content neutrality. No other standards are currently imposed because the content restrictions impact potential sign size. This new size standard is proposed to allow the current types of permitted signage but to avoid potential unanticipated impacts. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 31 4. Marquee Signs Each building housing a nonresidential use in a Residential zoning district is permitted on marquee sign not to exceed 25 feet in sign area. Electronic changeable copy is not permitted. 5. Under-Canopy Signs Each occupancy is permitted one under-canopy sign with a maximum sign area of four square feet. 6. Wall Signs a. In all residential districts, wall signs shall be limited to no more than one non- illuminated sign a maximum of 2.25 square feet in area mounted fiush against the wall of the principal building. b. In all other districts outlined in Table 5.6.3.A, each building is permitted wall signs that do not cover more than 20 percent of the facade area along each side of a building. Wall signs may not project more than 18 inches from the wall. Electronic changeable copy is not permitted. 7. Window Signs On-premises window signs are permitted on a principal building in accordance with the following: i. The area of all window signs shall not exceed an aggregate area equal to 10 percent of the total ground fioor glassed window area of the building. j. Window signs may be neon or electronic changeable copy if located inside the window. k. Window signs are prohibited above the second fioor of a building. B. Freestanding Signs 1. Freestanding Signs in Certain Mixed Use, Commercial, and Industrial Zoning Districts a. Except as provided in subsections b, c, and d below, properties in the B-1, PD, CB, UMXZ, B-2, CS, I-1, I-2, AC, and SC zoning districts are allowed one principal freestanding sign per parcel street frontage, regardless if for a single tenant or multiple tenants, in accordance with Table 5.6.4.B.1: Freestanding Sign Standards. b. For properties along Carolina Beach Road, the primary freestanding sign shall have a maximum sign area of 150 square feet and a maximum height of six feet. c. For properties in the Special Highway Overlay District (SHOD), see Section 3.4.7: Special Highway Overlay (SHOD) District. d. Except along Carolina Beach Rd., parcels are allowed one additional auxiliary sign if it has at least 100 and less than 200 linear feet of road frontage. A parcel is allowed two auxiliary freestanding signs if has 200 or more linear feet of road frontage. Commented [RR90]: This carries forward the standards regarding marquee signs in Section 5.6.2.J.3, Freestanding Signs in Residential Areas, of the current UDO. New deflnitions for “marquee” and “sign, marquee” have been proposed in line with those terms traditional meaning. Because these permissions apply to uses like churches, it is currently unclear if those term deflnitions are in line with the original intent. Commented [RR91]: This carries forward Section 5.6.2.J.4.c in the current UDO. Commented [RR92]: This provision refiects language for uses currently allowed in conjunction with a residence, such as home occupations and family child care homes. County Legal has provided guidance that standards for speciflc uses should be avoided, so these provisions would also apply to a wider scope of uses than current provisions; however, the size limitations for these signs would likely result in negligible impact. Commented [RR93]: These provisions incorporate the current Section 5.6.2.J.4.b and the projection standard currently included in the deflnition for “Sign, Wall” but remove additional requirements regarding per tenant maximum size and number of signs for greater clarity and ease of administration. These are the provisions that murals would fall under. Commented [RR94]: This carries forward Section 5.6.2.I.4.d in the current UDO. Commented [RR95]: Unless noted speciflcally below, these provisions are clariflcations of current standards in Section 5.6.2.J.4: Principal Use Signs. Commented [RR96]: These are current provisions and were intended to mirror the SHOD standards for signs referenced below, though in the SHOD, this limitation in height and size only applies to a 100-foot setback area. Commented [RR97]: These provisions refiect and clarify current limitations on the number of auxiliary signs allowed as determined by staff. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 32 Table 5.6.4.B: Freestanding Sign Standards Zoning District Number of Travel Lanes Street Frontage (Feet) [1] Front Setback (Min./Max.) (Feet) [2][3] Maximum Primary Sign Height (Feet) Maximum Aux. Sign Height (Feet) Maximum Primary Sign Area (Square Feet) Maximum Auxiliary Sign Area (Square Feet) O&I 2 N/A 10 / 20 20 10 12 N/A 4 < 100 10 / 20 20 N/A 75 37.5 ≥100 10 / 20 20 10 75 N/A B-1, PD, CB, UMXZ 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, CS, I-1, I-2, AC, SC 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 NOTES: [1] Number of lanes refers to the ultimate number of travel lanes based upon existing roadway conditions or upon construction plans approved as part of the current NC DOT Transportation Improvement Program. [2] Notwithstanding the minimum and maximum front setback requirements indicated above, primary freestanding signs which do not exceed six feet in height and are less than 75 percent of the maximum sign area established above, may be located within five feet of the front property line and shall have no maximum front setback. [3] Front Setback refers to the setback from the front or corner side property lines. 2. Freestanding Signs in Residential Districts a. Residential developments are allowed two freestanding signs per entrance. The signs shall each be limited to a maximum of 35 square feet in sign area and may be located on fences or freestanding walls. The height of any sign located on a wall or fences shall not exceed six feet in height, or the height of the fence or wall, whichever is greater. Only external illumination shall be allowed. b. Each lot with a permitted nonresidential use, excluding those located in a residence, is permitted one freestanding sign per frontage with a maximum of 35 square feet in sign area. Each permitted freestanding sign shall have a maximum height limit of six feet and be set back at least flve feet from any property line. If the sign is illuminated, the light source shall be external to the sign itself. i. For properties along local or collector roads, any changeable copy sign must be manual changeable copy. ii. For properties along minor or major arterials, electronic changeable copy signs are permitted. C. Additional Sign Regulations 1. Off-Premises Outdoor Advertising Signs a. General Commented [RR98]: Sign standards for O&I have been updated slightly. Currently, the table does not reference roadway frontage of less 100 feet, auxiliary sign standards for roadway frontage 100+ feet is not in line with other provisions, and a footnote explains that the size allowed for 4-lane highways is only allowed along minor or major arterials. This has been updated for consistency and to remove the provision regarding road classiflcation as 4-lane roads are likely to be classifled this way. Commented [RR99]: UMXZ has been classifled the same as these zoning districts. The current ordinance does not include sign standards speciflc to this district. Commented [RR100]: These provisions are included in the current Section 5.6.2.J.1 and have been modifled for content neutrality. Commented [RR101]: This is a new provision that is in line with the type of lighting generally provided for these types of signs, though this restriction is not currently specifled. Commented [RR102]: This provision is intended to refiect current limitations on freestanding signs for uses such as home occupations and family child care homes that are conducted in conjunction with a primarily residential use of the property. Commented [RR103]: These provisions are new and incorporate digital sign standards. Currently, the ordinance language of “residential areas” has caused confusion for owners of residentially-zoned lots along major corridors. The proposed provisions are intended to clarify this. Commented [RR104]: These provisions incorporate the standards currently located in Section 5.6.4 and have been updated for clarity and legal conformance. Additional information on updates is provided below for selected sections. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 33 1. Except as provided in subsection 2 below, off-premises outdoor advertising signs and structures are permitted on land in the I-1, I-2, and AC zoning districts. 2. Off-premises outdoor advertising signs and structures are prohibited within 400 feet of any Residential zoning district, Residential use, religious assembly, public park, and school. These signs are also prohibited on land in the Special Highway Overlay District (SHOD) or in any area in, upon, or over any navigable public waterway, marsh, or within 400 feet landward of the mean high water line. b. Location, Setbacks, and Spacing 3. Each off-premises outdoor advertising sign shall comply with the applicable setback requirements of the district in which is located or be setback at least 10 feet from any right-of-way or property line, whichever is greater. 4. No part of an off-premises outdoor advertising sign shall be located within a triangular area formed by the street right-of-way lines and a line connecting them at points 50 feet from the right-of-way intersection. 5. Any off-premises outdoor advertising sign shall be located a minimum of 1,000 feet from any part of another off-premises outdoor advertising sign. c. Single Off-Premises Outdoor Advertising Sign Structure 1. Any off-premises outdoor advertising sign shall be considered as one sign structure when it is designed to be viewed from: i. One direction and consists of a single face sign placed in such a manner to be viewed by one directional fiow of traffic; or ii. Two directions and consists of two sign faces arranged either back-to-back or in a V-shape. 2. There shall be a maximum of one sign face for each direction of traffic. d. Area and Height Requirements 1. The maximum sign area of an off-premises outdoor advertising sign shall be 75 square feet when facing streets with fewer than four travel lanes and 150 square feet when facing streets with four or more travel lanes. 2. For purposes of this subsection d only, the allowable sign area of an off- premises outdoor advertising sign with equal size and shape for both double- faced (back-to-back) and V-type off-premises outdoor advertising signs is measured by computing the area of only one side of the outdoor advertising sign. 3. Both side of a double-faced or V-type off-premises 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. 4. No off-premises outdoor advertising sign or part thereof, including base, apron, supports, supporting structures, and trim, may exceed 30 feet in height total. 5. Rooftop off-premises outdoor advertising signs are prohibited. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 34 e. Other Standards 1. 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. 2. All off-premises outdoor advertising sign illumination devices shall be in conformance with all state and local codes regarding illuminations. If the sign is illuminated, the light source shall be external to the sign itself. Electronic changeable copy shall be prohibited. 3. The backs of all outdoor advertising signs shall be painted in a neutral color to blend in with the surrounding area. 4. Vegetation on public property or rights-of-way shall not be trimmed for any reason, including to make any outdoor advertising sign more visible, except as permitted by NCGS 136-133.1 et seq. f. Removal of Obsolete Off-Premises Outdoor Advertising Signs Outdoor advertising sign messages which advertise a discontinued activity or use of a parcel or premises shall be removed within 60 days from the date the activity or use was terminated. Outdoor advertising signs advertising events such as shows, displays, festivals, circuses, fairs, athletic contests, conventions, or other time- limited events shall be removed within 30 days after the flnal date of such events. 5.6.4 TEMPORARY SIGNS A. General Table 5.6.5.A: Permitted Temporary Signs, by Zoning District, identifles temporary signs that are permitted in each zoning district, subject to the standards that apply to speciflc types of signs identifled in the right-most column of the table. Table 5.6.4.A: Permitted Temporary Signs, by Zoning District P = Permitted Blank Cell = Prohibited Sign Type Zoning Districts Speciflc Sign- Type Standards All Residential Districts O&I B-1, CB, UMXZ, PD B-2, SC CS, I-1, AC I-2 A-Frame n/a Balloons/Blimps P P P P P 5.6.5.B Banner P P P P P 5.6.5.C Flag P P P P P P 5.6.5.D Incidental P P P P P n/a Portable P P P P 5.6.5.E Commented [RR105]: These provisions have been updated to remove current ordinance language that references the National Electrical Code to reduce potential confiicts. Commented [RR106]: This language has been updated to remove Building Code references and to specify external illumination and no digital components, articulating how current code standards would apply. Commented [RR107]: These provisions incorporate existing language but are revised for clarity. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 35 5.6.3. TEMPORARY AND SPECIAL EVENT SIGNS AB. Balloons/Blimps 1. A balloon or blimp is allowed to be displayed for special events, subject to the following: Allowed for special events with a permit for up to seven days of consecutive use, flve times per calendar year per location, subject to the following conditions: a. The balloon or blimp shall be permitted at a speciflc site for no more than seven consecutive days and for no more than flve times in a calendar year, regardless of the number of days each time. b. The balloon or blimp may not be more than 1,000 cubic feet in size, nor shall the total of the longitudinal and latitudinal dimensions of the device, measured along their its axes, exceed 37 linear feet. c. 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 fiown. d. The balloon or blimp shall not may not be fiown higher more than 50 feet in the air unless it is located at least when less than 100 feet from any active public roadway; its height may thereafter be Its height may be increased in proportion to its distance from the roadway by one foot for each additional foot of distance beyond 100 feet from the public roadway to a maximum of 100 feet. (Example: if the device balloon or blimp is anchored 125 feet from a road, it may be fiown at a height of 75 feet.) e. No balloon or blimp shall be fiown in windy conditions (sustained wind of 25 m.p.h. or more) or inclement or stormy weather; f. A balloon or blimp shall comply with all applicable and or federal regulations must be observed; g. No balloons or blimps may shall be fiown within a one-mile radius one mile of another such device balloon or blimp; and h. No device authorized by this section may consist of more than one balloon or blimp, or have attached to it any streamers, banners, or other paraphernalia. i. If, in the opinion of the Building Safety Director, any balloon or blimp is creating or contributing to a hazardous situation, the Director may direct that it be removed or that the manner of its display be altered to remove the hazard. 2. For purposes of this provision, a balloon or blimp may display advertising copy that is not speciflc to the premises or establishment where the special event is occurring, but may not be displayed at any other premises. 3. For purposes of this subsection 5.6.5.B only, “Special event” as used in this provision special events includes grand openings, special sales and other promotional activities. If, in the opinion of the Building Safety Director, any balloon or blimp is creating or contributing to a hazardous situation, the Director may direct that it be removed or that the manner of its display be altered to remove the hazard. Commented [RR108]: This carries forward the regulations in Section 5.6.3.A of the current UDO with revisions for clarity. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 36 BC.Banners Banners are allowed for special events with a permit, for up to 30 days of consecutive use, two times per calendar year (separated by a minimum of 30 days). There shall be no more than two 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 one banner and there is no time constraint imposed upon any one 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 one time per calendar year. These banners are allowed with a permit in the Commercial and Industrial districts. 1. General Except as provided in subsection 2 below, each tenant is allowed no more than two banners in accordance with the following: a. A banner shall be permitted at a speciflc site for no more than 30 consecutive days and for no more than two times in a calendar year, regardless of the number of days each time. A minimum of 30 days shall separate each use of the banner. b. For banners proposed to be used in a public park, each group or activity shall be considered to be a separate tenant. 2. Exception Museum and cultural arts center uses are permitted to continuously display one banner with no time limitation. One additional banner may be displayed in accordance with the requirements of subsection 1 above. CD. Flags Flags are allowed as specifled in in accordance with Table 5.6.34.CD: Flag Standards by Zoning District, based on the zoning district and size of the parcel. Ground-mounted fiagpoles shall not exceed the height limits established in Table 5.6.34.CD. Roof-mounted fiagpoles shall not exceed the maximum height permitted in each zoning district for roof-mounted antennae. No more than two fiags shall be are permitted per on each fiagpole. The cumulative area of all fiags shall not exceed the maximum area ,not to exceed the cumulative area established in Table 5.6.34.CD. The United States, North Carolina, city and county fiags are exempt from all restrictions of this article. Table 5.6.34.CD: Flag Standards by Zoning District Zoning District Parcel Size Maximum Number of Flagpoles Maximum Area Maximum Height Commercial and Industrial Less than one acre Three 80 square feet 35 feet One to three acres Five 200 square feet 50 feet Three to ten acres Ten 200 square feet 50 feet More than ten acres Ten 800 square feet 80 feet Commented [RR109]: This provision has been removed due to content-based and viewpoint-based legal protections. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 37 Table 5.6.34.CD: Flag Standards by Zoning District Zoning District Parcel Size Maximum Number of Flagpoles Maximum Area Maximum Height All Other N/A one 80 square feet 35 feet D. Pennants Pennants are prohibited except as navigational aids, or if used by a religious activity or by an educational or charitable organization (see Flags). DE. Portable Signs One Pportable signs are is allowed with a permit permitted on a parcel for no more than up to 30 consecutive days of consecutive use, for no more than two times in a calendar year, regardless of the number of days each time. (separated by a minimum of 30 days), for parcels in the Commercial or Industrial districts. They are prohibited elsewhere. A minimum of 30 days shall separate each use of the portable signs. Portable signs cannot exceed 35 square feet in sign area size and six feet in height, or be located within flve feet of any property line. That shall not be over 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. 5.6.4. OUTDOOR ADVERTISING SIGNS A. Where Permitted Outdoor advertising signs and structures that comply with the provisions of this Ordinance shall be permitted in the I-1, I-2 and AC zoning districts, provided the speciflc 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. B. 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. Corner Lots. No part of an outdoor advertising sign may be located within a triangular area formed 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. Commented [RR110]: These provisions have been moved to the prohibited signs section in 5.6.2.I. Commented [RR111]: This is removed as it is outlined on Table 5.6.4.A. Commented [RR112]: These provisions have been revised and incorporated into Section 5.6.3.C.7 in the proposed amendment. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 38 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 refiection of car lights and sunlight. C. Single Outdoor Advertising Sign Structure An outdoor advertising sign shall be considered as one sign structure when it is designed to be viewed from: 1. One direction and consists of a single face sign placed in such a manner to be viewed by one directional fiow 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 one sign face per directional fiow of traffic. D. Area and Height Requirements for Outdoor Advertising Signs 1. No outdoor advertising sign facing streets with four or more traffic lanes may exceed 150 square feet; outdoor advertising signs facing streets with fewer than four 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. E. Inspection of Outdoor Advertising Signs The Building Safety Director 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. F. 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 speciflcations, 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. G. 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 to be contained to the sign area of the outdoor advertising sign. H. Back of Sign The backs of all outdoor advertising signs shall be painted in a neutral color to blend in with the surrounding area. Commented [RR113]: This provision is not incorporated into the proposed amendment and would be covered by Building Safety department procedures related to the administration of the NC Building Code, not outlined by this ordinance. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 39 I. 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. J. Maintenance All outdoor advertising signs shall be maintained in a state of good repair. Whenever it shall appear to the Building Safety Director 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 ten days after written notiflcation thereof by the Building Safety Director. K. Removal of Obsolete Outdoor Advertising Signs Outdoor advertising sign messages which advertised 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, 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. ARTICLE 6: SUBDIVISION DESIGN AND IMPROVEMENTS Section 6.3 Improvements 6.3.3 REQUIRED IMPROVEMENTS I. Entrance Signs and Lighting Signs delineating the subdivision name and any lighting associated with such sign shall be constructed in compliance with Section 5.6.3.B.2 5.6.2.J.1, Subdivision Identiflcation Signs. Sign location shall be shown on the preliminary plan for subdivision. ARTICLE 11: NONCONFORMING SITUATIONS Section 11.1 General Applicability 11.1.1 In this Ordinance there exist uses of land, structures, lots of record, signs, and site features that were lawfully established before this Ordinance was adopted or amended, that do not conform to its terms and requirements. It is the intent to allow such uses, structures, lots of record, signs, and site features to continue to exist until they are removed but not to encourage their continual use, as allowed by state law. 11.1.2 Nonconforming uses of land, structures, lots of record, signs, and site features may be continued provided they conform to the provisions of this ordinance. Commented [RR114]: This standard is not incorporated into the proposed amendment. The provisions of 5.6.3.H and the North Carolina Building Code would still apply. 2025 Sign Standards Maintenance Amendment – Public Comment Draft (markup) Red Italics = New Text Strikethrough = Language proposed for removal 40 Section 11.7 Nonconforming Signs 11.7.1 DETERMINATION OF NONCONFORMITY Existing signs which do not conform to the speciflc provisions of Section 5.6, Signs, and the other requirements of this Ordinance may be eligible for the designation “nonconforming” provided that: A. The Building Safety Director determines that the sign is properly maintained and does not in any way endanger the public; and B. The sign has a valid permit or variance approval, or complied with all applicable laws on August 6, 2001 complies with the rules that applied when it was originally constructed. 11.7.4 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 shall be removed or brought into conformance with Section 5.6, Signs, and the other requirements of this Ordinance. ARTICLE 12: VIOLATIONS AND ENFORCEMENT Section 12.4 Remedies and Penalties 12.4.1 This Ordinance may be enforced by any one or more of the remedies authorized by Section 153A-123, NCGS, and in accordance with the provisions of Section 160D-404, NCGS, including but not limited to the following: [05-03-2021] D. Removal of Illegal Signs from County-Maintained Streets The County may remove any sign placed within the right-of-way of a publicly-maintained street in violation of the standards in this Ordinance with the permission of NCDOT. Commented [RR115]: The provisions outlined for maintenance of other signs are proposed to also apply to nonconforming signs. Commented [RR116]: NCDOT must authorize any removal of signs from their right-of-way. This provision leaves this as an option for enforcement, but staff does not currently perform these types of removals as the state has assigned this responsibility to NCDOT.