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A. To insure that signs are erected and maintained in a safe and aesthetic manner, it shall be unlawful for any sign designed to be visible from any public street or highway within the jurisdiction of the City of Asheville to be erected or maintained by any person, other than by a sign contractor properly licensed under section 30-9-3(B)(6) or by a designated representative of such licensed contractor, except that this requirement shall be interpreted to exclude those persons who construct and erect a principal use identification sign when said sign is used at said person's place of business and to exclude licensed general contractors erecting signs as part of a permitted construction or renovation project; provided, however, in all cases, all erection must be properly permitted and inspected for compliance with the applicable codes of the State of North Carolina and the City of Asheville and with other sections of this article.
B. The following maintenance requirements must be observed for all signs visible from any public street or highway within the jurisdiction of this article.
1. No sign shall have more than 20 percent of its surface area covered with disfigured, cracked, ripped or peeling paint or poster paper for a period of more than 30 successive days.
2. No sign shall be allowed to stand with bent or broken sign facing, broken supports, loose appendages or struts or be allowed to stand more than 15 degrees away from the perpendicular for a period of more than 30 successive days.
3. No sign shall be allowed to have weeds, vines, landscaping or other vegetation growing upon it and obscuring its view from the street or highway from which it is to be viewed for a period of more than 30 successive days.
4. No neon or internally illuminated sign may be allowed to stand with only partial illumination for a period of more than 30 successive days.
5. If a sign or sign structure is damaged due to factors other than vandalism or other criminal or tortious acts such that more than 50 percent of the value is lost, with such determination made by the sign administrator, any repair or replacement must be done in conformance with this article. If a sign or sign structure is damaged due to vandalism or other criminal or tortious acts, it may be repaired or replaced, regardless of cost, but must be repaired or replaced as previously permitted or if no permit exists, it must be repaired or replaced to the same specifications to which and with the same materials of which the sign was constructed immediately prior to the act which caused the damage.
C. The sign administrator may inspect all signs for compliance with these maintenance requirements.
(Ord. No. 1863, § 2(30-9-7), 8-28-90; Ord. No. 2369, § 1, 5-27-97)
Violation of the provisions of these sign regulations shall be enforceable as set forth below in addition to the enforcement provisions as set forth in section 30-10-7 of the Code of Ordinances [this appendix] of the City of Asheville.
A. Notice of violation. The sign administrator shall have the authority to issue a notice of violation for all violations of this article.
Where the owner of the sign is indicated on the sign or is otherwise apparent or known to the sign administrator, a copy of the notice of violation shall be delivered to the sign owner by hand delivery or by certified mail. In all other cases, a copy of the notice of violation shall be posted on the sign. A copy of the notice of violation shall also be delivered by hand delivery or certified mail to the property owner as shown on the Buncombe County tax records. In addition, service hereunder may be made in accordance with rule 4 of the North Carolina Rules of Civil Procedure.
B. Time to remedy violation. Other than for temporary signs, all violations shall be remedied within 30 days. The 30-day period shall commence upon the service of the notice of violation as set forth above. Violations of regulations for temporary signs shall be remedied within 24 hours after service of the notice of violation as set forth above.
C. Extension of time for compliance. Other than for violations of regulations for temporary signs, the sign administrator shall have the authority to grant a single 30-day extension of time within which to remedy the violation. For violations of regulations for temporary signs, the sign administrator shall have the authority to issue a single 24-hour extension of time within which to remedy the violation. Either single extension of time may be issued based upon a written request for extension of time which sets forth valid reasons for not complying within the original time period.
D. Remedies for failure to comply. Pursuant to N.C. Gen. Stat. sec. 160A-175(f) [G.S. 160A-175(f)], the sign administrator, in consultation with the city attorney, may choose from the remedies set forth below to enforce the requirements of this article when there is a failure to comply with the notice of violation. Those remedies are as follows:
1. In addition to or in lieu of the other remedies set forth in this section, the sign administrator may issue a citation setting forth a civil penalty of $50.00, pursuant to N.C. Gen. Stat. sec. 160A-175(c) [G.S. 160A-175(c)]. In the case of a continuing violation, each 72-hour period during which the violation continues to exist shall constitute a separate violation. The citation shall be served upon the person(s) described in subsection (A) by the means set forth therein. In the event the offender does not pay the penalty within 30 days of service of the citation, the civil penalty shall be collected by the city in a civil action in the nature of debt, which shall not subject the offender to the penalty provisions of N.C. Gen. Stat. sec. 14-4 [G.S. 14-4].
2. In addition to or in lieu of the other remedies set forth in this section, the sign administrator shall have the authority to issue a remove order for any sign not repaired or brought into compliance within the time required by the foregoing provisions. Remove orders shall be issued to and served upon the person(s) described in subsection (A) by the means set forth therein. The sign shall be removed 30 days after the service of the remove order at the expense of the offender. The remove order shall describe with particularity the location of the sign to be removed and all of the reasons for issuance of the remove order, including specific reference to the provisions of this article which have been violated.
3. In addition to or in lieu of the other remedies set forth in this section, the city attorney may seek injunctive relief in the appropriate court.
E. Removal and recovery of expense. In the event of failure to comply with the requirements of a remove order, the sign administrator may cause such sign to be removed. The sign owner and property owner may be jointly and severally liable for the expense of removal. Notice of the cost of removal shall be served upon the person(s) described in subsection (A) by the means set forth therein. If said sum is not paid within 30 days thereafter, said sum shall be collected by the city in a civil action in the nature of debt, which shall not subject the offender to the penalty provisions of N.C. Gen. Stat. sec. 14-4 [G.S. 14- 4].
F. Removal of dangerous signs. Pursuant to N.C. Gen. Stat. sec. 160A-193 [G.S. 160A-193], the sign administrator shall have the authority to summarily remove, abate or remedy a sign which the chief building inspector determines to be dangerous or prejudicial to the public health or safety. The expense of the action shall be paid by sign owner, or if the sign owner cannot be determined, by the property owner, and if not paid, shall be a lien upon the land or premises where the nuisance arose, and shall be collected as unpaid taxes.
G. Removal of other signs. The sign administrator shall have the authority to remove summarily any signs prohibited under section 30-9-4(A) and (C).
H. Stay upon appeal. In the event of a timely appeal of a decision of the sign administrator to the board of adjustment, enforcement of all proceedings and the furtherance of the action appealed from is stayed, unless the sign administrator certifies to the board of adjustment that a stay would cause imminent peril to life or property.
(Ord. No. 1863, § 2(30-9-9), 8-28-90; Ord. No. 2032, § 1, 6-15-93; Ord. No. 2369, § 1, 5-27-97)
A. After the effective date of this article, it shall be unlawful for any person to erect any sign which does not conform to the requirements set forth herein. This requirement shall not be construed so as to prohibit the painting, repainting or changing of the face of a sign, including changing the message, where the resulting sign is the same size, shape and height as the preceding sign and no other alteration and no expansion is made to the sign or sign structure.
B. All nonconforming on-premises or off-premises signs (and their sign structures) which did not conform as of August 28, 1990 with the requirements of the sign regulations adopted in Article 9 of Chapter 30 (this Appendix) of the Code of Ordinances on October 21, 1977, shall be made conforming or removed no later than August 28, 1995. In no event shall any such sign (and sign structure) be allowed for a period in excess of five years after it first becomes nonconforming pursuant to the terms of this article.
All nonconforming on-premises and off-premises signs (and their sign structures) which conform as of August 28, 1990 with the requirements of the sign regulations adopted in Article 9 of Chapter 30 (this Appendix) of the Code of Ordinances on October 21, 1977 shall be allowed to remain in accordance with the provisions set forth herein. Nonconforming signs and signs deemed conforming which were allowed to remain by the sign regulations adopted as part of the readoption of Ordinance No. 322, effective October 21, 1977, shall not be allowed to remain in accordance with the provisions set forth herein and shall be made conforming or removed no later than August 28, 1995.
All on-premises or off-premises signs (and their sign structures) which are made nonconforming by a subsequent amendment to Article 9 of Chapter 30 (this Appendix) of the Code of Ordinances of the City of Asheville, or by amendment to the official zoning map or by extension of the city's territorial or extraterritorial jurisdiction, and which do not conform with the requirements of the sign regulations adopted in Article 9 of Chapter 30 (this Appendix) of the Code of Ordinances on October 21, 1977, shall be made conforming or removed within five years of the effective date of said amendments or extension.
All on-premises or off-premises signs (and their sign structures) which did not conform with requirements of the sign regulations adopted in Article 9 of Chapter 30 (this Appendix) of the Code of Ordinances on October 21, 1977, but which have been granted a permit as a result of a variance granted by the board of adjustment shall be allowed to remain in accordance with the terms of the variance granted.
In the event that a nonconforming off-premises sign has been made nonconforming by an extension of the sign area initially permitted for that sign, the extension shall not be allowed to continue after the copy which includes that extension has been changed.
All portable and moveable display signs (and their sign structures) which are made nonconforming by a subsequent amendment to this article or to the official zoning map or by extension of the city's territorial or extraterritorial jurisdiction, shall be removed within 90 days of the effective date of said amendments or extension.
All temporary signs (and their sign structures) which are made nonconforming by subsequent amendment to this article or to the official zoning map, or by extension of the city's territorial or extraterritorial jurisdiction, shall be removed within 90 days of the effective date of said amendments or extension.
C. All on-premises and off-premises signs which were erected as of the effective date of this article and which do not exceed by more than 20 percent the size, height, setback, spacing or other dimensional requirements hereunder shall be considered as conforming to the terms of this article and not subject to the foregoing removal requirements. Nothing herein shall permit any such on-premises or off-premises sign to be renovated or remodeled such that the initial percentage by which the sign exceeds those requirements is increased in any manner. Further, adjacent off-premises signs shall jointly be allowed only one single 20-percent allowance for the space between them in computing the spacing requirement set forth in section 30-9-6(B)(3)(a).
D. All off-premises signs which conform with all the requirements of this article, except the spacing requirement set forth in section 30-9-6(B)(3)(a), within five years of the effective date of this article shall be considered as conforming to the terms of this article and not subject to the foregoing removal requirements.
E. During the time periods set forth above for removal or conformance of nonconforming signs, sign structures, or uses, such nonconforming signs, sign structures, or uses as described above shall be maintained as provided for in section 30-9-7, but shall not be:
1. Changed to or replaced by another nonconforming sign or sign structure;
2. Structurally altered (except to meet safety requirements);
3. Altered so as to increase the degree of nonconformity of the sign or sign structure;
4. Expanded;
5. Reestablished after its discontinuance for 60 days;
6. Continued in use after cessation of business; or
7. Reestablished after damage or destruction due to factors other than vandalism or other criminal or tortuous acts if the estimated cost of reconstruction exceeds 50 percent of the appraised value, as determined by the sign administrator.
None of these prohibitions shall be construed to prohibit the painting, repainting or changing of the face of a sign, including changing the message, where the resulting sign is the same size, shape and height as the preceding sign and no other alteration and no expansion is made to the sign structure.
(Ord. No. 1863, § 2(30-9-10), 8-28-90; Ord. No. 2188, §§ 1—3, 2-21-95; Ord. No. 2369, § 1, 5-27-97)
A. In accordance with the procedure stated in article 8 of chapter 30 [this appendix] of the Code of Ordinances the board of adjustment shall have the power to hear and act upon applications for a variance which meet the following requirements:
1. If the applicant complies strictly with the provisions of this article, the applicant can make no reasonable use of the sign allowed; and
2. If the hardship of which the applicant complains is unique, or nearly so, and is suffered by the applicant rather than by owners of surrounding properties or the general public; and
3. If the hardship relates to the applicant's land (such as the terrain of the site) rather than to personal circumstances; and
4. If the hardship is not a result of the applicant's own actions; and
5. If the variance will neither result in the extension of a nonconforming use nor authorize the initiation of a nonconforming use; and
6. If the variance is in harmony with the general purpose and intent of this article and preserves its spirit and if the variance secures the public safety and welfare and does substantial justice.
B. In granting a variance, the board of adjustment shall make written findings that all of the above listed requirements have been met. If a variance is granted it shall be the least possible deviation from the requirements of this article. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this article. Violations of the provisions of the variance granted, including any conditions or safeguards, which are a part of the grant of the variance, shall be deemed a violation of this article.
(Ord. No. 1860, § 2(30-9-11), 8-28-90; Ord. No. 2369, § 1, 5-27-97)