§ 152.252 HOMEOWNERS’ ASSOCIATION.

   (A)   No final plat shall be approved until all required legal instruments have been reviewed and approved by the town attorney as to legal form and effect.

   (B)   If common open space is deeded to a homeowners’ association, the owner or developer shall file a declaration of covenants, conditions, and restrictions that will govern such association. The provisions of such declaration of covenants, conditions, and restrictions shall include, but not be limited to, the following:

      (1)   The homeowners’ association must be set up before any property is sold in the development ;

      (2)   Membership must be mandatory and automatic when property is purchased in the development ; The open space requirement must be permanent, not just for a period of years;

      (3)   The association must be responsible for liability insurance, local taxes, and maintenance of recreational and other common facilities including private streets ;

      (4)   Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property;

      (5)   The association must be able to adjust the assessment to meet changed needs;

      (6)   Covenants for maintenance assessments shall run with the land;

      (7)   Provision insuring that control of such association will gradually be vested in the homeowner’s association; and

      (8)   All lands so conveyed shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common facilities.

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

§ 152.253 AMENDMENT TO SITE PLAN SPECIAL USE PERMIT.

   (A)   Minor changes. Amendment to the approved Land Use Plan that in the opinion of the Administrator do not substantially change the concept of the planned unit development as approved may be allowed. Such minor changes may include but not be limited to small site alterations such as realignment of streets and relocation of utility lines due to engineering necessity. The developer shall request such amendment in writing, clearly setting forth the reasons for such changes. If approved, the Land Use Plan shall be so amended prior to submission of any preliminary plat- site plan application involving or affecting such amendment. Appeal from the decision of the Administrator may be taken to the Board of Adjustment .

   (B)   Major Changes. Amendments to the approved Land Use Plan that in the opinion of the Administrator do in fact involve substantial changes and deviation from the concept of the planned unit development as approved shall require review pursuant to §§ 152.065 through 152.070. Such major changes shall include, but not be limited to, increased density, land use, location of use, open space, recreation space, condition(s) of planning and zoning commission approval and street pattern. Appeal from the decision of the Administrator may be taken to the Board of Adjustment.

   (C)   Authority. Minor changes may be approved administratively by the Administrator . Major changes shall require planning and zoning commission approval.

   (D)   Variances. The Town of Swansboro Board of Adjustment shall not be authorized to grant or approve any variance from the minimum requirements as set forth in this section or condition as approved by the Planning Board .

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

SIGNS

§ 152.265 PURPOSE.

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

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

§ 152.266 APPLICATION.

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

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

§ 152.267 COMPUTATION OF SIGN AREA.

   (A)   The surface area of a sign shall be computed by including the entire area that forms the extreme limits of the writing, representation, emblem, or other display, forming a square, rectangle, triangle, circle, or other shape, as appropriate, together with any material or color forming an integral part of the background for the sign. Surface area does not include the supporting framework or bracing.

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

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

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

§ 152.268 SIGNS REQUIRING NEITHER PERMIT NOR FEE.

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

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

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

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

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

      (4)   The sign is not illuminated;

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

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

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

   (B)   Festival area signs. Temporary advertising, directional, and public information signs and banners placed on exhibit booths, buildings , and other structures or supports (except utility poles and traffic signs) within a town-approved festival area, provided that such signs and banners are allowed on the days of the festival only, that no unsafe conditions are created, and that the area of signs and banners for any individual booth, building , or structure do not exceed 32 square feet.

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

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

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

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

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

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

      (6)   Signs shall not create any unsafe conditions;

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

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

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

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

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

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

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

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

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

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

§ 152.269 SIGNS REQUIRING PERMIT BUT NO FEE.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      (6)   No unsafe condition is created; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

   (H)   Home occupation signs are allowed provided:

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

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

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

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

      (1)   Signs shall be non-illuminated;

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

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

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

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

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

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

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

      (3)   The sign is not illuminated.

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