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Vol. 11, No. 6
A Shoreline Community, Pine Knoll Shores, N.C.
Lessons Learned
From Damaging
Hurricanes
See page 19
June 2016
Sign Ordinance Revisions
By Scon Sherrill
Reed v. Gilbert
In response to a recent U.S. Supreme Court case, Reed v. Gilbert, the town has been
revising its sign ordinance to achieve content neutrdity. Content neutrality means that
the town’s ordinance will no longer have sign guidelines that are determined by the
message of the sign. Previously, there were distinctions for real estate signs, pohtical
signs, open house signs and yard sale signs. These distinctions would no longer be
permissible as they would not survive strict scrutiny, which the courts now require.
As the Sign Ordinance Committee worked through this rewrite, it was guided by
a few basic principles: content neutrality, continuing to allow signs that are already
allowed, and not creating an unduly burdensome permitting process. The town is also
using this opportunity to bring its sign regulations into the zoning chapter, which it is
working to transition into a Unified Development Ordinance.
A sign, for the purpose of the ordinance, is “any device the message of which is
visible from any street right of way, public beach, or adjacent property within the town,
including, but not limited to, placards, billboards, handbills, balloons, flags, banners, or
any other things or instrumentalities used for the purpose of conveying a message or
idea, or gaining attention.”
Our presumption is that we are largely pre-empted by the state for the right of way
along Highway 58, so the sign ordinance focuses on town rights of way, municipal
property and private property, incorporating distinctions between zoning districts.
The main takeaways for most of our residents will be that temporary signs are
allowable in the town’s right of way—one per property, not exceeding four square feet,
and set back 12 feet from the paved surface of the road, unless that would put the sign
in a wooded area, in which case the sign must be two feet from the edge of the wooded
area, but in no circumstances may the sign be placed less than six feet from the paved
surface of the road. These signs must be oriented parallel to the road. The idea behind
these temporary sign allowances is to enable our residents to be able to continue to
have a space available for those real estate signs, open house signs and yard sale signs
to which they are accustomed, but there is no language in the ordinance that governs
or distinguishes the content of these signs. If you are putting on a yard sale and need to
put a sign in the right of way in front of a neighbor’s house, you will need to secure the
neighbor’s permission and ensure that he or she is not already using the four-square-
foot allocation. Addresses on mailboxes do not count toward the size limit.
In the R-1 through R-4 zoning districts, which mostly encompass single-family
residential uses in Pine Knoll Shores, the town previously had a variety of three-square-
foot sign allowances for signs with religious or political messages, no trespassing, no
parking, etc. The proposed ordinance makes a general allowance for three-square-foot
signs, with the total allowance on properties in the R-1 through R-4 zoning district not
to exceed nine square feet. Addresses/property identification signs do not count toward
1S i 0 AM"'”
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AGE-FRIENDLY COMMUNITY
A Community Looking
for a Developer
By Kathy Werle
Excitement bounced off the walls at town hall on May 5 as a crowd of nearly 40
enthusiastic citizens gathered to ask questions about and share ideas for a possible
residential development on the 9.3-acre tract of land at the corner of Salter Path Road
and Pine Knoll Boulevard.
For the past year, much of the town’s Age-Friendly Advisory Committee focus has
been centered on housing that would enable our senior citizens to continue living
independently in Pine Knoll Shores as they age.
When the above-mentioned tract went on the market, it occurred to the committee
that it would be an ideal location for a community of homes with design features and
amenities that would offer an alternative to leaving the island when our homes no
longer meet our needs. The parcel of land is across from a beach access, a short stroll to
the library and public safety building, near the aquarium and town hall and lias access
to multiple walking paths.
Through the informal public meeting, the committee had hoped to accomplish
three things. We felt it important to keep citizens informed of the committee’s work on
housing issues facing the elderly, to answer questions and tap into the creative minds
of our citizens as they identify the design elements that would be critical in such a
community, and to show a potential developer the strong support he would have from
both the town and potential residents. We believe we accomplished our mission. It was
pointed out that our vision and concept for this senior housing endeavor would provide
a unique opportunity for a developer.
A list was drafted to include not only design elements of the homes but also features
in the neighborhood that would contribute to the social and physical wellbeing of its
residents. A wide range of items were mentioned, ranging from levers replacing door
knobs to a community house.
If you were unable to attend the meeting, and would like to see our list or have ideas
you’d like to share, please feel free to call Joan Lamson at 646-4267 or attend our next
advisory committee meeting on Thursday, June 16, at 2 p.m.
the limit, and neither do flags. In response to community feedback, the proposed size
limit on flags has been removed from the ordinance as it proceeds to public hearing.
For the other zoning districts in town, we have also removed content guidelines for
signage.
A few final notes: the town’s proposed sign ordinance will likely be less stringent
than many homeowners’ association covenants, which are not governed by the Supreme
Court ruling. The public hearing on the ordinance is schedule for June 8 at 6 p.m., and
public comments are welcome. The full ordinance and a more in-depth presentation on
the ordinance are available at townofpks.com/BookingRetrieve.aspx?ID=68773.
THE
Shoreli
Standard
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Permit #35
h, NC 28512