(a) Permits. All new or existing signs, except as otherwise provided in section 36-334, shall require a sign permit prior to being located or erected on any property within the jurisdiction of this chapter. Sign permits shall be issued by the zoning administrator. If a sign permit is denied, the decision may be appealed to the board of adjustment as provided in section 36-185.
(b) Permit fees. The town council may establish a fee schedule for all sign permits issued in accordance with this article.
(c) Nonconforming signs.
(1) Signs that are erected and were in place prior to the adoption of this chapter, but which do not conform to the provisions of this chapter, are declared nonconforming signs. Signs that were erected and that are in place and which conformed to the provisions of this chapter at the time erected, but which do not conform to an amendment of this chapter enacted subsequent to the erection of said signs also are declared nonconforming signs. Any sign erected after the passage of this chapter must meet all the criteria within this chapter.
(2) All nonconforming signs shall be maintained in accordance with section 36-338, but shall not be:
a. Changed or replaced with another nonconforming sign except that an existing sign may be replaced to reflect a change in business identification so long as the replacement sign is in the same general location and the size of the replacement sign face does not exceed that of the existing sign.
b. Expanded or relocated.
c. Reestablished after damage or destruction in excess of 50 percent of the appraised replacement cost at the time of the damage or destruction.
d. Modified in any way which increases the sign's degree of nonconformity.
(3) With the exception of off-premises signs for which a current, valid permit has been issued by the state department of transportation, any nonconforming sign shall either be eliminated or brought into conformance within seven years of the date it became nonconforming.
(d) Enforcement. Violation of the provisions of this article shall be enforceable as set forth below in addition to the enforcement provisions as set forth in this chapter.
(1) Notice of violation. The zoning 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 zoning 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 and a copy shall be delivered by hand delivery or certified mail to the property owner as shown on the county tax records. In addition, service hereunder may be made in accordance with rule 4 of the state rules of civil procedure.
(2) Time to remedy violation. The sign owner and/or the property owner shall have 15 days to remedy all violations set forth in the notice of violation. The 15-day period shall commence upon the earlier of the posting of the notice of violation on the sign or the delivery of a copy of the notice of violation to the sign owner or property owner.
(3) Extension of time for compliance. The zoning administrator shall have the authority to grant a single 30- day extension of time within which the sign owner must comply with the notice of violation. The 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 15-day period.
(4) Remedies for failure to comply. Pursuant to G.S. 160A-175(f), the zoning administrator may choose from the remedies set forth below to enforce these regulations when there is a failure to comply with the notice of violation. Those remedies are as follows:
a. In addition to or in lieu of the other remedies set forth in this section, the zoning administrator may issue a citation setting forth a civil penalty of $50.00. In the case of a continuing violation, each 24-hour period during which the violation continues to exist shall constitute a separate violation. The citation shall be served upon the person described in subsection (d)(1) of this section by the means set forth therein. In the event the offender does not pay the penalty within ten days of service of the citation, the civil penalty shall be collected by the town in a civil action in the nature of debt, which shall not constitute a misdemeanor, and in so providing, the town council hereby chooses to exercise the option provided by G.S. 160A-175(b).
b. In addition to or in lieu of the other remedies set forth in the section, the zoning 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 described in subsection (d)(1) of this section by the means set forth therein. The sign owner or the landowner shall be allowed a period of 30 days after the service of the remove order within which to remove the sign at his own expense. The remove order shall describe specifically 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 the chapter which have been violated.
c. In addition to or in lieu of the other remedies set forth in this section, the zoning administrator may seek injunctive relief in the appropriate court.
(5) Removal and recovery of expense. If a sign owner or property owner fails to comply with the requirements of a remove order, the zoning administrator may cause such sign to be removed. The sign owner and property owner shall be jointly and severally liable for the expense of removal. Notice of the cost of removal shall be served upon the person described in subsection (4)b of this section by the means set forth therein. If said sum is not paid within 30 days thereafter, said sum shall be collected by the town in a civil action in the nature of debt, which shall not subject the offender to the penalty provisions of G.S. 14-4.
(6) Removal of dangerous signs. Pursuant to G.S. 160D, the zoning administrator shall have the authority to summarily remove, abate, or remedy a sign which is dangerous or prejudicial to the public health or safety. The expense of the action shall be paid by the sign owner, or if the sign owner cannot be determined, by the landowner, and if not paid, shall be a lien upon the land or premises where the nuisance arose, and shall be collected as unpaid taxes.
(Code 1989, § 92.161; Ord. of 9-28-1994; Ord. of 12-12-1995; Ord. of 11-26-1996; Ord. of 11-18-2003; Ord. No. 21- 05-11, 5-11-2021)