(A) Continuance of nonconforming signs.
(1) Signs in existence on the effective date of the UDO which do not conform to the provisions of the UDO, but which were constructed, erected, affixed or maintained in compliance with all previous regulations, shall be regarded as nonconforming signs. Although it is not the intent of the UDO to encourage the continued use of nonconforming signs, nonconforming signs shall be allowed to continue and a decision as to the continued existence and use or removal of the signs shall be controlled as follows:
(a) Nonconforming signs shall not be changed to another nonconforming sign.
(b) Nonconforming signs shall not have any changes made in the words or symbols used or the message displayed on the sign unless the sign is specifically designed for periodic change of message.
(c) Nonconforming signs shall not be structurally altered so as to change the shape, size, type or design of the sign other than to make the sign a conforming sign.
(d) Nonconforming signs shall not be re-established after the activity, business or use to which it relates has been discontinued and the sign shall be removed.
(e) Nonconforming signs shall not be re-established and all remains of the sign must be removed after damage or destruction, if the estimated expense of repairs exceeds 50% of the estimated total value of the sign at the time of destruction, as determined by the Building Inspector. If damaged by less than 50%, but repairs are not made within 90 days of the time the damage occurred, the nonconforming sign shall not be allowed to continue and must be removed.
(f) Nonconforming signs shall not be relocated unless it is brought into conformance with the requirements of the UDO.
(g) Normal maintenance and repair of a nonconforming sign is permitted providing the shape, size, type or design of the sign is not altered.
(2) Any nonconforming sign that is structurally altered, relocated or replaced shall immediately be brought into compliance with all the provisions of the UDO.
(3) Any nonconforming sign which: is a menace to the public safety and/or traffic; has been abandoned; has not been properly maintained, including cleaning and painting of painted surface areas and replacement of damaged parts; is not contributing to the aesthetic standards and development of the city as determined by the Department of Planning and Inspections; has not been appraised for tax purposes by the County Tax Assessor’s Office; or does not comply with applicable standards for nonconforming use of land or minor structure as set forth in this chapter, shall be removed after due notice has been given by the Zoning Administrator.
(B) Violations of nonconforming sign provisions.
(1) Except as provided in division (B)(2) below, the Zoning Administrator shall order the removal of any sign maintained in violation of the provisions of this section for which removal procedures are herein prescribed, accordingly:
(a) The Zoning Administrator shall give 90 days written notice to the owner or lessee to remove the sign or to bring it into compliance with the UDO.
(b) If the owner or lessee fails to remove the sign within 90 days after receipt of the written notice has been given, the Zoning Administrator shall institute removal proceedings according to the procedures specified in G.S. § 160D-404.
(2) Nonconforming fixed subdivision and Nontraditional Lot Development signs may be removed by the city on approval of the Board of Commissioners after a written notice recommending the removal is posted on the subject sign by the Department of Planning and Inspections for a period of seven consecutive days and a public hearing is held to consider the removal thereof. The written notice shall describe the sign sufficiently to identify it, recite the conditions causing the sign to be nonconforming, and state the date and time (which cannot be prior to expiration of the aforementioned seven-day period) set for the public hearing thereon.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)