(A) Districts where allowed. Industrial District as a use with conditions.
(B) Defined. OUTDOOR ADVERTISING, OFF-PREMISES. The use of land consisting of a sign erected and maintained for the purpose of (i) displaying, advertising, identifying, or directing attention to business products, operations, or services sold or offered at a site other than the site where the sign is erected or (ii) promoting an attraction, activity, idea, opinion, or other noncommercial messaging that is unrelated to the site where the sign is erected. A sign meeting this definition is commonly known as a billboard, where space is commonly made available or rented to advertisers to display their messages to the traveling public. For the purposes of this section, the term “off-premises outdoor advertising” includes off-premises outdoor advertising visible from the main-traveled way of any road. For similar state law provisions, refer to G.S. § 160D-912(a).
(C) General requirements.
(1) No outdoor advertising sign may exceed 600 square feet in area and fifty (50) feet in height.
(2) Attached signs, side by side signs and two sign structures facing in the same direction shall be prohibited.
(3) Rooftop billboard signs are prohibited.
(4) No part of any outdoor advertising sign shall be located within 800 feet of another outdoor advertising sign.
(5) The backs of all outdoor advertising sign shall be painted in a neutral color to blend with the surrounding area and to prevent the reflection of car lights and sunlight.
(6) No part of any outdoor advertising sign shall be located within 300 feet of any residential structure.
(7) No sign shall be affixed to trees without the written permission of the property owner.
(8) Allowed along designated state routes (highways) only.
(9) An NCDOT outdoor advertising permit shall be required. For similar state law provisions, refer to G.S. § 160D-912(b).
(D) Nonconforming off-premises advertising signs.
(1) Removal of nonconforming off-premises outdoor advertising signs. The town may require the removal of an off-premises outdoor advertising sign that is nonconforming under a local ordinance and may regulate the use of off-premises outdoor advertising within its planning and development regulation jurisdiction in accordance with the applicable provisions of this chapter and subject to G.S. §§ 136-131.1 and 136-131.2. For similar state law provisions, refer to G.S. § 160D-912(b).
(2) Written notice of intent required. The town shall give written notice of its intent to require removal of off-premises outdoor advertising by sending a letter by certified mail to the last known address of the owner of the outdoor advertising and the owner of the property on which the outdoor advertising is located. For similar state law provisions, refer to G.S. § 160D-912(c).
(3) The town may not enact or amend an ordinance of general applicability to require the removal of any nonconforming, lawfully erected off-premises outdoor advertising sign without the payment of monetary compensation to the owners of the off-premises outdoor advertising, except as provided below. The payment of monetary compensation is not required if:
(a) The town and the owner of the nonconforming off-premises outdoor advertising enter into a relocation agreement pursuant to division (D)(6) of this section.
(b) The town and the owner of the nonconforming off-premises outdoor advertising enter into an agreement pursuant to division (D)(11) of this section.
(c) The off-premises outdoor advertising is determined to be a public nuisance or detrimental to the health or safety of the populace.
(d) The removal is required for opening, widening, extending or improving streets or sidewalks, or for establishing, extending, enlarging, or improving any of the public enterprises listed in G.S. § 160A-311, and the local government allows the off-premises outdoor advertising to be relocated to a comparable location.
(e) The off-premises outdoor advertising is subject to removal pursuant to statutes, ordinances, or regulations generally applicable to the demolition or removal of damaged structures. This division shall be construed subject to and without any reduction in the rights afforded owners of outdoor advertising signs along interstate and federal aid primary highways in this state as provided in G.S. Chapter 136, Article 13. For similar state law provisions, refer to G.S. § 160D-912(d).
(4) Monetary compensation is the fair market value of the off-premises outdoor advertising in place immediately prior to its removal and without consideration of the effect of the ordinance or any diminution in value caused by the ordinance requiring its removal. Monetary compensation shall be determined based on:
(a) The factors listed in G.S. § 105-317.1(a); and
(b) The listed property tax value of the property and any documents regarding value submitted to the taxing authority. For similar state law provisions, refer to G.S. § 160D-912(e).
(5) If the parties are unable to reach an agreement under division (D)(4) above of this section on monetary compensation to be paid by the town to the owner of the nonconforming off-premises outdoor advertising sign for its removal, and the town elects to proceed with the removal of the sign, the town may bring an action in superior court for a determination of the monetary compensation to be paid. In determining monetary compensation, the court shall consider the factors set forth in division (D)(4) above of this section. Upon payment of monetary compensation for the sign, the town shall own the sign. For similar state law provisions, refer to G.S. § 160D-912(f).
(6) In lieu of paying monetary compensation, the town may enter into an agreement with the owner of a nonconforming off-premises outdoor advertising sign to relocate and reconstruct the sign. The agreement shall include the following:
(a) Provision for relocation of the sign to a site reasonably comparable to or better than the existing location. In determining whether a location is comparable or better, the following factors shall be taken into consideration:
1. The size and format of the sign.
2. The characteristics of the proposed relocation site, including visibility, traffic count, area demographics, zoning, and any uncompensated differential in the sign owner's cost to lease the replacement site.
3. The timing of the relocation.
(b) Provision for payment by the town of the reasonable costs of relocating and reconstructing the sign including:
1. The actual cost of removing the sign.
2. The actual cost of any necessary repairs to the real property for damages caused in the removal of the sign.
3. The actual cost of installing the sign at the new location.
4. An amount of money equivalent to the income received from the lease of the sign for a period of up to 30 days if income is lost during the relocation of the sign. For similar state law provisions, refer to G.S. § 160D-912(g).
(7) For the purposes of relocating and reconstructing a nonconforming off-premises outdoor advertising sign pursuant to division (D)(6) above of this section, the town consistent with the welfare and safety of the community as a whole, may adopt a resolution or adopt or modify its ordinances to provide for the issuance of a permit or other approval, including conditions as appropriate, or to provide for dimensional, spacing, setback, or use variances as it deems appropriate. For similar state law provisions, refer to G.S. § 160D-912(h).
(8) If the town has offered to enter into an agreement to relocate a nonconforming off- premises outdoor advertising sign pursuant to division (D)(6) above of this section, and within 120 days after the initial notice by the town the parties have not been able to agree that the site or sites offered by the town for relocation of the sign are reasonably comparable to or better than the existing site, the parties shall enter into binding arbitration to resolve their disagreements. Unless a different method of arbitration is agreed upon by the parties, the arbitration shall be conducted by a panel of three arbitrators. Each party shall select one arbitrator and the two arbitrators chosen by the parties shall select the third member of the panel. The American Arbitration Association rules shall apply to the arbitration unless the parties agree otherwise. For similar state law provisions, refer to G.S. § 160D-912(i).
(9) If the arbitration results in a determination that the site or sites offered by the town for relocation of the nonconforming sign are not comparable to or better than the existing site, and the twn elects to proceed with the removal of the sign, the parties shall determine the monetary compensation under division (D)(4) of this section to be paid to the owner of the sign. If the parties are unable to reach an agreement regarding monetary compensation within 30 days of the receipt of the arbitrators' determination, and the town elects to proceed with the removal of the sign, then the town may bring an action in superior court for a determination of the monetary compensation to be paid by the town to the owner for the removal of the sign. In determining monetary compensation, the court shall consider the factors set forth in division (D)(4) of this section. Upon payment of monetary compensation for the sign, the town shall own the sign. For similar state law provisions, refer to G.S. § 160D-912(j).
(10) Notwithstanding the provisions of this section, the town and an off-premises outdoor advertising sign owner may enter into a voluntary agreement allowing for the removal of the sign after a set period of time in lieu of monetary compensation. The town may adopt an ordinance or resolution providing for a relocation, reconstruction, or removal agreement. For similar state law provisions, refer to G.S. § 160D-912(k).
(11) The town has up to three years from the effective date of an ordinance enacted under this section to pay monetary compensation to the owner of the off-premises outdoor advertising provided the affected property remains in place until the compensation is paid. For similar state law provisions, refer to G.S. § 160D-912(l).
(12) This section does not apply to any ordinance in effect on July 1, 2004. The town may amend an ordinance in effect on July 1, 2004 to extend application of the ordinance to off-premises outdoor advertising located in territory acquired by annexation or located in the extraterritorial jurisdiction of the town. The town may repeal or amend an ordinance in effect on July 1, 2004 so long as the amendment to the existing ordinance does not reduce the period of amortization in effect on the effective date of this section. For similar state law provisions, refer to G.S. § 160D-912(m).
(13) The provisions of this section shall not be used to interpret, construe, alter or otherwise modify the exercise of the power of eminent domain by an entity pursuant to G.S. Chapter 40A or Chapter 136. For similar state law provisions, refer to G.S. § 160D-912(n).
(14) Nothing in this section shall limit the town authority to use amortization as a means of phasing out nonconforming uses other than off-premises outdoor advertising. For similar state law provisions, refer to G.S. § 160D-912(o).
(Ord. 23-241, passed 7-18-2023)