(a) General. After the effective date of this chapter, it shall be unlawful for any person to erect any sign which does not conform to the requirements set forth in this article. 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) Nonconforming signs - requirements for on-premises signs to come into compliance.
(1) All nonconforming on-premises signs (and their sign structures) erected and located in the city's jurisdiction prior to August 28, 1990, which did not conform as of August 28, 1990, with the requirements of the sign regulations adopted in article 9 of Chapter 30 of the Code of Ordinances of the City of Asheville on October 21, 1977, shall remain subject to the nonconforming sign provisions set forth in article 9 of Appendix A - Zoning of the Code of Ordinances of the City of Asheville.
(2) All nonconforming on-premises signs (and their sign structures) erected and located in the city's jurisdiction prior to August 28, 1990, and which did conform prior to August 28, 1990, with the requirements adopted in article 9 of Chapter 30 of the Code of Ordinances of the City of Asheville on October 21, 1977, or with the requirements adopted in article 9 of Chapter 30 of the Code of Ordinances of the City of Asheville on August 28, 1990, shall be allowed to remain in accordance with the provisions set forth herein.
(3) 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.
(4) All on-premises signs (and their sign structures) which are made nonconforming by a subsequent amendment to this article, or by amendment to the official zoning maps or by extension of the city's territorial jurisdiction (annexation), and which do not conform with the requirements of the sign regulations adopted in Article 9 of Appendix - A Zoning Code of the Code of Ordinances of the City of Asheville on October 21, 1977, shall be made conforming or removed according to the following schedule:
· Signs (and sign structures) erected within three years before the annexation, shall be made conforming or removed within ten years after the effective date of the annexation.
· All other signs (and sign structures) shall be made conformed or removed within seven years after the effective date of the annexation.
(5) All on-premises (and their sign structures) which did not conform with the requirements of the sign regulations adopted in article 9 of Appendix A - Zoning of the Code of Ordinances of the City of Asheville on October 21, 1977, but which have been granted a permit prior to the effective date of this chapter 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.
(c) Nonconforming signs - requirements for portable and moveable display signs and temporary signs.
(1) All portable and moveable display signs (and their sign structures) which are made nonconforming by a subsequent amendment to this chapter or to the official zoning maps 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 extensions.
(2) All temporary signs (and their sign structures) which are made nonconforming by subsequent amendments 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 extensions.
(d) Nonconforming signs—requirements for off-premises signs.
(1) All off-premises signs (and their sign structures) erected and located in the city's zoning jurisdiction prior to August 28, 1990, and which did not conform as of August 28, 1990, with the requirements of the sign regulations adopted in article IX of chapter 30 (Appendix A—Zoning) of the Code of Ordinances of the City of Asheville on October 21, 1977, shall remain subject to the nonconforming sign provisions set forth in article 9 of Chapter 30 (Appendix A—Zoning) of the Code of Ordinances of the City of Asheville; provided, that such sign may be included in a removal/relocation/reconstruction agreement pursuant to paragraph (g) below.
(2) All other off-premises signs (and their sign structures) which do not conform with the sign regulations adopted on November 25, 1997 (Ordinance No. 2426), and which were erected prior to November 25, 1997, shall be deemed nonconforming and may not be altered or relocated except in a manner that conforms with the sign regulations adopted on November 25, 1997 (Ordinance No. 2426); provided, that such sign may be included in a removal/relocation/reconstruction agreement pursuant to paragraph (g), below.
(3) All off-premises signs (and their sign structures) that are (i) made nonconforming by a subsequent amendment to the city's sign regulations; (ii) become nonconforming by an amendment to the city's zoning map; or (iii) become nonconforming by inclusion within the city's zoning jurisdiction, shall be deemed nonconforming and may not be altered, relocated or reconstructed except in a manner that conforms with the sign regulations adopted on November 25, 1997 (Ordinance No. 2426); provided, that such sign may be included in a removal/relocation/reconstruction agreement pursuant to paragraph (g), below.
(4) 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.
(e) Nonconforming signs — spacing as only nonconformity. All off-premises signs which conform within five years of the effective date of this chapter with all the requirements of this article, except with the spacing requirement set forth in subsection 7-13-5(b)(3)a., shall be considered as conforming to the terms of this article, and not subject to the foregoing removal requirements.
(f) Nonconforming signs-prohibited actions. During the time periods set forth above for removal or conformance of nonconforming signs, sign structures, or uses, and unless otherwise provided in a removal/relocation/reconstruction agreement, such nonconforming signs, sign structures, or uses as described above shall be maintained as provided in section 7-13-6 but may 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 the foregoing 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 expansion is made to the sign structure.
(g) Removal/relocation/reconstruction of nonconforming off-premises signs.
(1) Agreements authorized. For any sign that is registered as a qualified sign pursuant to subsection (2)(b), below, including any sign with respect to which enforcement proceedings had been instituted prior to the effective date of this ordinance on the grounds that said sign was a nonconforming off-premises sign under applicable city sign regulations, the city and sign owner may enter into an agreement providing for the removal, relocation, or reconstruction of said signs, or for the maintenance of said signs in their current locations, subject to the limitations set out below. In addition, the city and the sign owner may enter into an agreement providing for the removal, relocation, or reconstruction of qualified signs on or within the property where such sign is located, subject to the limitations set out below.
(2) Qualified signs; replacement, relocation or reconstruction—Non-digital.
a. Notice to sign owners. The planning and development director shall cause notice of the adoption of this section, describing its substance or enclosing a copy of the ordinance, to be provided by certified mail, return receipt requested, to the owners of nonconforming off-premises signs within the city's zoning jurisdiction. Said notice need not specifically identify affected signs. If the sign owner cannot be located, said notice may be sent to the owner of the property whereon such sign is located, or affixed to the sign or sign structure itself. When additional area is included within the city's zoning jurisdiction, additional notices shall be sent.
b. Registration. Within 180 days of receipt of the notice provided for above, owners of nonconforming off-premises signs located within the city's zoning jurisdiction shall register any such sign owned by them with the city's planning and development office. Any nonconforming off-premises sign that has been properly registered will be considered a "qualified sign" for purposes of this section and eligible for the removal/relocation provisions set out below; provided, that no sign that was not permitted under applicable codes when erected may be a qualified sign. Any nonconforming off-premises sign that has not been properly registered will not be eligible.
c. Removal/relocation/reconstruction.
1. Internal relocation. Any qualified sign may be relocated or reconstructed on the lot on which it is currently erected so long as there is no increase in nonconformity with respect to height, setback or size. The spacing requirements in subparagraph (2)(d) below shall not apply to a qualified sign relocated on the same lot, so long as the relocation is the minimum possible distance to reasonably accommodate the needs of the sign owner and property owner. No zoning permit is required for such internal lot relocation.
2. Relocation within overlay. Any qualified sign may be relocated or reconstructed anywhere within the qualified sign overlay as defined in subsection (3) below, subject to the following limitations:
(i) Except as provided in this section, the relocated qualified sign may have no more square footage than the one being replaced and in no case may the relocated qualified sign have a size greater than 380 square feet per side;
(iii) No relocated qualified sign may be attached to any building;
(iv) The relocated qualified sign shall be separated by a minimum of 500 feet from any other qualified sign on the opposite side of the same road and 1,000 feet on the same side of the road; provided, that if any other off-premises signs are located within the separation distance, the planning director shall be advised as to the location of such other sign prior to the relocation; and
(v) The relocated qualified sign may have no more faces than the one being replaced; and
(vi) The area of two or more qualified signs may be combined into one relocated qualified sign as long as the area of the relocated qualified sign does not exceed the combined area of the signs being replaced, or 380 square feet, whichever is less.
3. Qualified sign overlay mapping. For purposes of this article, the Qualified Sign Overlay Zone shall include the following areas:
i. Patton Avenue from the French Broad River to the outer limit of the ETJ jurisdiction in Enka;
ii. Merrimon Avenue from Chestnut Street North to Woodfin;
iii. Sweeten Creek Road from Fairview Road to the outer limit of the ETJ;
iv. Hendersonville Road from I-40 Interchange to the outer limit of the ETJ;
v. Tunnel Road from the tunnel to the outer limit of the ETJ past Oteen;
vi. Leicester Highway from Patton Avenue to the outer limit of the ETJ; and
vii. Brevard Road from I-240 Interchange to the outer limit of the ETJ.
viii. Airport Road from Hendersonville Road to the boundary between Buncombe County and Henderson County; and
ix. Long Shoals Road from Hendersonville Road to the outer limit of the ETJ.
Notwithstanding the above, no Qualified Sign Overlay District shall be permitted for an area that is subject to the Blue Ridge Parkway Overlay District, nor for any area that is zoned to a residential zoning classification, as of the effective date of this section.
4. This section shall not apply to qualified signs located on Federal Aid Primary Highways.
5. Notwithstanding the requirements or prohibitions of any underlying zoning district on a lot where a qualified sign is located, these provisions related to relocating qualified signs shall control in cases of any conflict.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2427, § 1, 11-25-97; Ord. No. 3168, § 1, 9-28-04; Ord. No. 3446, § 1, 2-27-07; Ord. No. 3572, § 1(o), 1-8-08; Ord. No. 3619, §§ 1(b)—(d), 5-13-08; Ord. No. 3701, § 1, 2-10-09; Ord. No. 4071, § 1a, 3-27-12; Ord. No. 4085, § 1b, 5-22-12; Ord. No. 4208, § 1e, 6-25-13)