§ 48-282. General regulations.
All signs shall be erected, altered and maintained in accordance with the following provisions:
(1)
Permit required. No sign shall hereafter be erected or attached to, suspended from or supported on a building or structure, nor shall any existing sign be structurally altered, remodeled or relocated until a building permit for same has been issued by the planning and development department. A permit is not required for the following signs:
a.
Signs not exceeding three square feet in area.
b.
Temporary signs, except as required for signs listed in subsection 48-283(1)d.
c.
Noncommercial signs.
d.
Directional signs.
e
An existing sign in which only the message is changed and involves no structural modification to the structure.
f.
Permanent signs listed in subsection 48-283(2) which are six square feet or less in area.
(2)
Material and design. All signs shall be constructed and designed according to generally accepted engineering practices to withstand wind pressures and load distribution as specified in section 1205 of the state building code, as amended.
(3)
Inspection.
a.
Each sign subject to the regulations of subsection (1) of this section may be subject to an annual inspection by the building inspector for the purpose of ensuring that the sign is maintained in a safe condition. Any fee for the annual inspection shall be in accordance with a regularly adopted fee schedule of the town.
b.
When a sign or a structure supporting a sign becomes structurally unsafe, the building inspector shall give written notice to the owner of the premises on which the sign is located that the sign shall be made safe or removed within ten days of receipt of such notice.
(4)
Continuing violations. After a notice of violation, warning citation or civil citation has been issued, any re-erection or display, within a 12-month period, of the same sign or the erection or display of a substantially similar sign which is in violation of this chapter on the same premises shall be considered a continuance of the original violation.
(5)
Illuminated signs. All signs in which electrical wiring and connections are to be used shall require a permit and shall comply with the electrical code adopted by the town and be inspected and approved by the building inspector. All illuminated signs shall comply with the provisions of article IX of this chapter, outdoor lighting.
(6)
Prohibited signs.
a.
It shall be unlawful for any person, except a public officer or employee in the performance of his public duty, to affix, post, paint, nail, fasten, place, or locate any sign, card, banner, handbill, poster, or advertising or notice of any kind, or cause the same to be done, upon public streets, highways, public right-of-way or any publicly owned or maintained property within the Town of Nags Head, or upon any curbstone, traffic control device, street sign, hydrant, fence, guardrail, or any other structure situated within any such areas or to affix the same to a wire or appurtenance thereof, except as may be authorized by the ordinances, laws, or regulations of the Town of Nags Head, the State of North Carolina or the United States.
b.
No sign shall be erected or maintained which is a copy or imitation of an official highway sign and carrying the words "STOP" or "DANGER."
c.
No sign or commercial sign shall be erected which contains, employs or utilizes lights or lighting which rotates, flashes, moves or alternates; except that time and temperature displays, as defined, are permitted but must be included in computing allowable signage. Continuous printout, running or ticker-tape type message panels or signs are prohibited.
d.
No sign shall be erected which contains rotating sign panels.
e.
No sign shall obstruct visibility at an intersection or driveway as regulated in section 48-79.
f.
No sign shall be posted on any telegraph, telephone or electrical light pole or on any tree along any street.
g.
No sign shall be permitted that obstructs ingress and egress to any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress or egress for any room or building. Signs shall not be placed in a manner that obstructs architectural building features such as dormers, cupolas, windows, rooflines or other building elements.
h.
No sign shall be permitted that violates any provision of any law of the state relative to outdoor advertising.
i.
Signs supported in whole or in part by water, air or gas are prohibited.
j.
No sign on property abutting a public trust area shall be directed toward any public trust area as defined by CAMA.
k.
All pennants are prohibited, effective December 6, 1995.
l.
Use of exposed neon, argon, krypton, or similar gas tube lighting shall be prohibited in all manners except as provided in subsection 48-284(2)e.
m.
Tourist-oriented directional sign (TODS).
n.
Three-dimensional sculptured objects and pictorial devices attached to and extending more than 12 inches beyond any wall or roof of a building in business use. Attached sculptured objects and pictorial devices extending 12 inches or less from a building wall or building roof shall be classified as a business wall sign or roof sign and shall be subject to all regulatory requirements of this chapter pertaining to such signs.
o.
Roof signs within the SPD-C, Village at Nags Head C-1, C-2, hotel and institutional districts.
p.
LED and digital signs.
(7)
Placement of new signs not expressly allowed by this article are prohibited.
(Code 1990, § 22-254(b); Ord. No. 07-01-002, § I, 1-17-2007; Ord. No. 08-06-016, § 1, 6-4-2008; Ord. No. 11-03-011, Pt. I, 3-2-2011; Ord. No. 12-01-002, Pt. I, 1-4-2012; Ord. No. 12-05-014, Pt. I, 5-2-2012; Ord. No. 16-07-020 , Pt. II, 7-6-2016)