§ 158.05 ADMINISTRATION AND PERMITS.
   (A)   The Building Inspector shall issue a permit for the erection or construction only for a sign which meets the requirements of this chapter. Applications for a sign permit to construct, or alter the structure of a sign shall be submitted to the Dare County Planning Department and accompanied by a plan showing the following:
      (1)   Area of the sign;
      (2)   Size, character, general layout and designs of sign display;
      (3)   The method and type of illumination, if any;
      (4)   The location proposed for such signs in relation to property lines, zoning district boundaries (if applicable), right-of-way lines, public waterways and existing signs;
      (5)   If conditions warrant it, the Planning Department may require additional information as needed to determine if the sign to be erected is in conformance with the requirements of this chapter;
      (6)   Payment of fee to obtain building permit.
   (B)   The following types of signs are exempted from the sign permit requirements, but must comply with all other requirements of this chapter:
      (1)   Free-standing off-premise directional signs used by churches, synagogues or civic organizations under the following provisions:
         (a)   The signs are located on private property with written permission from property owner.
         (b)   Signs are not located in public or private right-of-way.
         (c)   Signs contain the name of the church, synagogue or civic organization; location of the site; and directions to the site.
         (d)   Signs do not exceed 24 square feet in area;
      (2)   One, non-illuminated sign for each street frontage of a construction project, not to exceed 12 square feet in sign area in residential zones or 24 square feet in all other zones. This sign shall be used by all general contractors, sub-contractors, architects, landscape professionals or other firms or organizations involved in the construction project. The sign may be erected 5 days prior to construction and shall be removed within 10 days following completion of the construction. This sign shall be used in lieu of individual sign for each professional involved in the construction project;
      (3)   Four directional/information signs per lot, not to individually exceed 3 square feet in sign area or 20 inches in height (see definition);
      (4)   Public signs or notices or any sign relating to any emergency;
      (5)   One non-illuminated real estate sign per street frontage, not to exceed 6 square feet in sign area. The signs shall be removed within 10 business days following sale of the property;
      (6)   Real Estate Signs (For Rent, daily or weekly) - One-non-illuminated real estate sign per street frontage, not to exceed 6 square feet in sign area. Such signs shall be affixed to the structure offered for rent;
      (7)   Residence Signs - Nameplate or street address numbers, not to exceed 4 square feet in sign area;
      (8)   Signs used for bona fide navigational aids;
      (9)   Flags, as defined in § 158.02;
      (10)   Temporary signs or banners for the promotion of noncommercial events or activities provided they do not exceed 50 square feet in sign area and do not encroach on any public or private right-of-way. The temporary signs or banners may be installed 20 business days before the event or activity and must be removed within 5 business days following the event or activity;
      (11)   Banners at commercial or business properties provided such banners do not exceed 48 square feet in area;
      (12)   One temporary sandwich board or A-frame signs used for the promotion of weekly or bi-weekly non-commercial events or activities provided they do not exceed 12 square feet in size and do not encroach on any private or public right-of-way; and
      (13)   Campaign signs which advocate for or against the election of a named candidate, group of candidates, or candidates of a named political party in any election, or which advocate for or against a referendum ballot question, so long as the sign:
         (a)   Does not exceed six square feet in total display area;
         (b)   Is not more than 6 feet above the ground at its highest point (unless affixed to a pre-existing eligible structure on private property);
         (c)   Is not placed:
            1.   On public property, public buildings, and public structures, including traffic control signal poles and other traffic control signs;
            2.   On utility poles and power company structures; and
            3.   Within any polling location buffer zones established pursuant to North Carolina law and/or by the Dare County Board of Elections.
         (d)   Does not impede traffic safety and is not placed in the line of sight of motorists;
         (e)   Is placed on private property only with the property owner’s permission;
         (f)   Is erected no sooner than 6 weeks prior to and removed within 10 days after the date of the election for which the sign was erected; and
         (g)   Is otherwise not in violation of state or federal law.
   (C)   Signs that require a permit.
      (1)   Subdivision Identification Signs - Two subdivision identification signs per entrance, not to exceed 35 square feet each in sign area.
      (2)   Identification Signs - One identification sign per apartment or condominium complex entrance, not to exceed 35 square feet in sign area.
      (3)   Freestanding Signs in residential zones - For permitted nonresidential uses in residential zoning districts, including churches and synagogues, one freestanding sign per frontage, not exceeding 35 square feet in sign area. An additional 10 square feet of message board area shall be allowed. All permitted freestanding signs shall have a maximum height limit of 6 feet and shall have a minimum setback of 5 feet from any property line. For permitted freestanding signs, which are to be illuminated, such illumination must come from a light source that is external to the sign itself and oriented in a manner that the light and glare reflects away from streets and surrounding residential uses.
      (4)   Freestanding Business Signs - One freestanding sign per premises not to exceed 64 square feet in area and not to exceed 20 feet in height. An additional 10 square feet of message board area shall be allowed. Multi-unit structures (3 or more businesses per structure) shall be allowed 1 free-standing sign not to exceed 64 square feet of area with an additional 10 square feet of message board allowed. Multi-unit signs shall not exceed 20 feet in height. Individual signs for each business shall be located on the freestanding sign and shall be designed to reflect a unified graphic appearance (e.g., size and material type). Individual freestanding signs for each business shall not be allowed. Individual commercial logos are permitted on multi-unit signs.
      (5)   Wall Signs - The amount of wall signage allowed shall be based on the location of the building and the setback distance from the street right-of-way. These standards are designed to encourage the maximum use of wall signage to replace the use of temporary sandwich board or A-frame signs and numerous free-standing signs. Individual businesses shall display wall signs that contain the name of their establishment.
         (a)   For businesses located up to 50 feet from minimum building setback line, walls signs may not exceed 20% of the finished wall surface of the front wall or facade of the structure including window and door openings.
         (b)   For businesses located more than 50 feet from the minimum building setback line, wall signs may not exceed 40% of the exposed finished wall surface including window and door openings.
         (c)   For multi-unit structures, the wall signage standards shall be applied to the exclusive use area or individual unit area assigned to each business.
         (d)   Marquee signs for movie theaters shall not be considered wall signage and may exceed the standards detailed above but shall not to exceed 200 square feet in sign area.
         (e)   Wall signage may utilize a digital display if all of the following criteria are met:
            1.   Digital display areas may be illuminated from 6:00 a.m. to 10:00 p.m. Each digital display shall be equipped with a control system that automatically adjusts light emission levels to ambient light conditions to avoid glare or excessive brightness.
            2.   The digital display shall not contain full-motion video, flashes, moves or scrolls, feature interactive functions, use animation, or emit noise. Each message shall transition instantly and messages shall not change more frequently than once every 60 minutes.
            3.   Digital display signage shall not exceed a maximum of 1 foot-candle illumination at the property line. This foot-candle rating shall be certified by an independent contractor at the time of installation of the sign and periodically as requested by the Planning Director to demonstrate compliance with this rating.
            4.   Only 1 digital display sign shall be allowed per business site.
            5.   Message boards as defined in § 158.02 of a free-standing sign shall not be considered a digital display.
      (6)   Under-Canopy Signs - One under-canopy sign per occupancy, not to exceed 4 square feet in sign area.
      (7)   On-Premises Window Signs - Permanent window signs - not to exceed 25% of the total ground floor glassed window area
         (a)   One neon window sign per occupancy may be allowed.
         (b)   Window signs are prohibited above the first floor occupancy for the same individual business.
      (8)   Off-premises directional business signs shall be permitted provided:
         (a)   Each business is allowed one off-premise directional sign;
         (b)   Such signs are located on private property with written permission from property owner;
         (c)   Signs are not located in any public or private right-of-way;
         (d)   Signs do not exceed 24 square feet in area;
         (e)   Are used only for businesses that are located off NC 12, US 64, NC 345, SR 1217 or other main transportation route; and
         (f)   Does not conflict with standards contained in prohibited signs.
      (9)   Special regulations and allowances for business signs:
         (a)   Corner Lots -Where an occupancy is on a corner or has more than 1 street frontage, additional wall signs and additional freestanding signs are allowed on the additional frontage, not to exceed the number and size limitations of other allowed wall and freestanding signs.
         (b)   Minimum Clearance - All awning, marquee, and under-canopy signs shall have a minimum clearance of 9 feet over any pedestrian use area.
         (c)   Awning Signs - Awning signs shall be considered wall signs and subject to the same standards.
   (D)   Temporary and special event signs.
      (1)   Flags - ground-mounted flagpoles at business sites shall not exceed the maximum building height limit of the applicable zoning district. Roof-mounted flagpoles are prohibited. The United States, North Carolina, city and county flags are exempt from all restrictions of this section. Other flags may be permitted according to the following:
         (a)   Up to 100 feet on linear road frontage - maximum of 2 poles for a total of 4 flags per site.
         (b)   Over 100 feet of linear road frontage - maximum of 2 poles per 100 feet or a maximum of 5 poles and 10 flags per site.
         (c)   Sails, sailboards, kites, or other similar apparatus shall be considered as flags and subject to these restrictions.
         (d)   All flagpoles shall be located outside of any right-of-way of easement area.
         (e)   Flagpoles shall be located 15 feet from all property lines.
         (f)   Flags shall not contain business names, logos, advertising, or other representations for that specific business or activity associated with that business. Flags that contain such information shall be considered as wall signage and subject to wall sign regulations.
      (2)   Pennants - Prohibited except as navigational aids, or if used by a religious activity or by an educational or charitable organization.
(Res. passed 5- -2004; Am. Ord. passed 6-21-2021)