5.5.1. Definition. A NONCONFORMING SIGN is a sign that was legally established subject to a lawfully issued permit in compliance with the applicable laws and ordinances in effect on the date of construction, but by reason of its size, height, location, design, or construction is no longer in compliance with the requirements of Article 11, (Signs) and has a valid nonconforming use certificate. Nonconforming sign structures shall be included in this definition.
5.5.2 Permits required. A nonconforming use certificate shall be required for all nonconforming signs. A separate certificate shall be required for each nonconforming sign or sign structure.
5.5.3 Continuation of nonconforming signs. Nonconforming signs may remain in use, subject to the regulations of this Article and all other applicable requirements of the town code. Nonconforming signs must be maintained in good repair, and must comply with all other requirements of this ordinance.
A. Nonconforming signs and sign structures may not be structurally altered, enlarged or extended, or have additional lighting added, except that copy may be changed on an existing sign.
B. Nonconforming signs and sign structures may not be moved on the site or relocated to another site.
5.5.4 Loss of nonconforming sign status and removal.
A. Discontinuance.
1. A nonconforming sign that is removed may only be replaced with a conforming sign.
2. A nonconforming sign shall lose nonconforming status if the business activity on the premises is discontinued for a continuous period of 90 days or more, and must be removed.
3. Sign removal shall include the entire sign and any or all supports.
B. Any nonconforming sign or sign structure which has been damaged by any cause shall lose nonconforming status if the damage to the sign or sign structure exceeds 25% of its replacement value and it must be removed.
C. Outdoor advertising structures whose use is discontinued or abandoned for a continuous period of 180 days, then the use shall not be re-established or resumed and any subsequent use of the land or structure shall conform to the requirements of this ordinance except as preempted by G.S. § 160D-912 or G.S. Chapter 136 Article 11.
D. Change of conditions. A nonconforming sign must be brought into compliance. If additions or expansions of buildings, parking or removed if any or all of the following occurs:
1. If additions or expansions of buildings, parking areas, or uses of open land occur which are greater than 3,000 square feet;
2. If any change in the existing use of the property occurs; or
3. If an application for a sign permit is made to add new or additional signage to a property containing a nonconforming sign. Signs not meeting ordinance requirements for which no nonconforming use certificate has been issued shall lose their nonconforming status.
5.5.5 Additional requirements for nonconforming accessory uses and structures. No nonconforming accessory use or accessory structure shall continue after the principal use of structure is terminated by abandonment, discontinuance, damage, or destruction unless such accessory use or accessory structure thereafter is made to conform to the standards for the zoning district in which it is located.
(Ord. passed 2-3-2021; Ord. 2023-01, passed 1-4-2023)