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Sign permits for new and permitted signs may be revoked for any one of the following reasons:
(A) Misrepresenting material facts by the applicant on the permit application form.
(B) Altering, enlarging or relocating a permitted sign structure, except in conformance with the requirements of this chapter.
(C) Allowing a sign to remain blank for a period of 12 consecutive months or reaching a state of dilapidation or disrepair as determined by the Planning Staff.
(Ord. passed 1-22-08; Am. Ord. passed 4-17-23)
Legal nonconforming signs may continue to exist provided that:
(A) The sign is not changed or replaced with another nonconforming sign, except that copy may be changed on an existing sign.
(B) The sign is not expanded or modified in any way which increases the sign’s nonconformity.
(C) Relocated, except in conformance with the requirements of this chapter.
(D) Reestablished after it has been removed or has been abandoned for 180 days or more.
(E) Reestablished after damage or destruction if such damage to the sign exceeds 50% of the sign’s current assessed tax value. The extent of damage shall be determined by the Planning Director.
(Ord. passed 1-22-08; Am. Ord. passed 4-17-23)
(A) Any conforming sign or sign structure which has been damaged may be repaired or replaced and used as before, by the sign owners and/or the owners of record of the real property where the sign is located, provided all repairs are initiated within 30 working days and completed within 60 working days of such damage. However, if the sign should be declared unsafe by thePlanning Director, the owner of the sign or the owner of record of the real property whereon the sign is located, shall immediately correct all unsafe conditions to the Planning Director’s satisfaction.
(B) As a courtesy to the sign owner, if the Enforcement Officer discovers that a sign is damaged or is in an unsafe condition, the Enforcement Officer will promptly notify either the sign owner or the owner of record of the real property whereon the sign is located. The affirmative duty and liability shall, however, remain with the owner of each sign to keep each sign in a safe and undamaged condition in accordance with the terms of this chapter.
(Ord. passed 1-22-08; Am. Ord. passed 4-17-23)
ADMINISTRATION; ENFORCEMENT; APPEALS
The County Manager has appointed the Planning Director to administer this chapter. The Planning Director or his or her appointee shall be known as the Code Enforcement Officer. The Code Enforcement Officer shall enforce all provisions of this chapter. The Code Enforcement Officer shall also have the following authority:
(A) Notice of violation. A notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The time period provided herein shall commence upon receipt of such notice of violation. The notice of violation shall identify the sign and shall describe the nature of the violation, refer to the section of the chapter violated, specify in detail what action must be taken to correct the violation and specify all potential enforcement penalties that may apply.
(B) Should any sign or sign structure become imminently unstable or in danger of falling or otherwise unsafe, a notice of violation shall be delivered to the sign owner or to the owner of record of the real property whereon the sign is located in the same manner as set out for a notice of violation except that the recipient of the notice shall immediately, in the case of imminent danger, secure or remove the sign in a manner to be approved by the Planning Director in conformance with the provisions of this chapter. If the condition prompting the notice is not corrected within 24 hours after receipt of the notice, the sign owner shall be in violation of this chapter.
(Ord. passed 1-22-08; Am. Ord. passed 4-17-23)
Notice of violations issued by the Planning Director may be appealed to the Board of Adjustment within 30 working days of receipt of notice. If notice of violation is sent by mail, it must be presumed it is received on the third business day thereafter. An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed during the pendency of the appeal to the Board of Adjustment. If the Board of Adjustment finds that the action of the Planning Director has been taken for good cause and in accordance with this chapter, it shall so declare and the time period for compliance shall run from the issuance of that Board's finding. If the Board of Adjustment sustains the appeal of the petitioner, no further action for this instance will be taken by the Planning Director.
(Ord. passed 1-22-08; Am. Ord. passed 4-17-23)
LEGAL STATUS PROVISIONS
Where strict adherence to the provisions of this chapter would cause an unnecessary hardship, the Board of Adjustment may authorize a variance, if such variance can be made without destroying the intent of this chapter. Any variance thus authorized is required to be entered in writing in the minutes of the meeting of the Board of Adjustment and the reasoning on which the departure was justified set forth.
(Ord. passed 1-22-08; Am. Ord. passed 4-17-23)
Any sign, display, or device allowed under this chapter may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with size, lighting and spacing, or other requirements of this chapter.
(Ord. passed 1-22-08; Am. Ord. passed 4-17-23)
Should any section of provision of this chapter be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the chapter as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
(Ord. passed 1-22-08; Am. Ord. passed 4-17-23)
Administrative Staff. No staff member shall make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance. No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the local government, as determined by the local government. Pursuant to the authority of G.S. § 160D-109.
(Ord. passed 4-17-23)
(A) Each day of a violation of this chapter shall be a separate offense.
(B) Financial penalties. In addition to criminal penalties for a violation of this chapter, the Board of County Commissioners may impose civil penalties for each day’s continuation of the offense. The amount shall be limited to $500. A penalty unpaid 30 days after the offender has been cited for violation of this chapter may be recovered in a civil action in the General Court of Justice.
(C) Other remedies. All appropriate remedies for relief authorized by G.S. § 160D-404, including orders for mandatory and prohibitory injunctions and for abatements, may be used to enforce this chapter.
(Ord. passed 1-22-08; Am. Ord. passed 3-5-12; Am. Ord. passed 4-17-23)