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7.2.5.   Governmental Acquisition of Land
Conforming lots subject to governmental acquisition of a portion of the lot for a public purpose that results in the lot becoming nonconforming because it no longer complies with lot area, width, or depth standards of the district shall be deemed conforming provided the development complies with the following:
   A.   Complies with Use Table. The development proposed complies with the requirements in Table 4.2.3, Principal Use Table; and
   B.   Complies with Dimensional Standards. With the exception of the lot area requirements for the district where located, the development proposed shall comply with all other dimensional standards and other requirements of the district where located.
(Ord. 2020-36, passed 12-2-2019)
7.3.   NONCONFORMING SIGNS
7.3.1.   General
A sign that was legally in existence on before January 1, 2020, and was constructed in accordance 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 the Ordinance, shall be deemed a nonconforming sign subject to the standards in this section.
(Ord. 2020-36, passed 12-2-2019)
7.3.2.   Prohibited Actions
The following actions associated with a nonconforming sign shall be prohibited:
   A.   Enlargement or Alteration. Structural alteration, enlargement, or extension of a nonconforming sign or sign structure shall not be permitted, however, nothing shall limit the ability to modernize a billboard in accordance with Section 136.131.2 of the North Carolina General Statutes.
   B.   Relocation. Relocation of a nonconforming sign upon the premises, unless the relocation meets the requirements of this Ordinance, however, nothing shall limit the ability to modernize a billboard in accordance with Section 136.131.2 of the North Carolina General Statutes.
(Ord. 2020-36, passed 12-2-2019)
7.3.3.   Maintenance of Nonconforming Signage Allowed
A nonconforming sign may remain in place and be maintained, subject to the following standards:
   A.   Maintenance Actions. Normal maintenance of a nonconforming sign shall be allowed, and shall be limited to the following:
      1.   Nonstructural repairs, such as repainting or electrical repairs;
      2.   Incidental alterations which do not increase the degree or extent of the nonconformity; and
      3.   Changing of copy, as provided in this section.
   B.   Change of Sign Copy. Nonconforming signs may change copy in the form of replacement panels or replacement lettering.
(Ord. 2020-36, passed 12-2-2019)
7.3.4.   Replacement of Nonconforming Signage
   A.   Removal. Any nonconforming sign that is removed for any reason shall only be replaced with a sign that complies with the provisions of this Ordinance.
   B.   Damage.
      1.   If damage to a nonconforming sign from any cause is less than 50 percent of its replacement value, the sign may be rebuilt or repaired to its original condition in its original location and may continue to be displayed.
      2.   If damage from any cause to a nonconforming sign equals or exceeds 50 percent of its replacement value, the nonconforming sign, including sign supports and mounting hardware, may only be replaced with a sign that complies with the provisions of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
7.3.5.   Discontinuance of Business Activity
   A.   Discontinued for less than 180 Days. If the business activity on the premises where a nonconforming sign is located is discontinued for a continuous period of less than 180 days, then the nonconforming sign may remain.
   B.   Discontinued for 180 Days or More.
      1.   If the business activity on the premises where a nonconforming sign is located is discontinued for a continuous period of 180 days or more, then the nonconforming sign must be removed or replaced by a sign conforming to the standards of this Ordinance within 30 days of notice by the Planning Director.
      2.   In cases where the sign is nonconforming due to its height, face area, or location, then the sign, including the sign supports, shall be modified or removed as necessary in order to conform with the applicable requirements of this Ordinance.
      3.   No nonconforming portion of a sign or portion of a sign that would result in replacement sign face area that is nonconforming shall be retained following discontinuance.
(Ord. 2020-36, passed 12-2-2019)
7.4.   NONCONFORMING SITES
7.4.1.   Applicability
   A.   For purposes of this section, the term "nonconforming site features" includes the following:
      1.   Nonconforming off-street parking;
      2.   Nonconforming landscaping;
      3.   Nonconforming screening;
      4.   Nonconforming walls or fences; and
      5.   Nonconforming exterior lighting.
   B.   If an application is filed for a building permit (including mechanical, electrical, HVAC, or other typical permit) for the expansion of a structure and the development site contains one or more nonconforming site features, and the value of the proposed improvements totals at least 25 percent of the assessed value of the existing structure, the applicant shall be required to address the nonconforming site feature as provided in this section.
   C.   Town staff may develop administrative guidelines to assist in the implementation of this section, including guidelines for the resolution of conflicts when it may not be possible for one or more types of nonconforming site features to be brought into compliance with the requirements of this Ordinance because of particular site constraints or impacts on adjacent sites.
(Ord. 2020-36, passed 12-2-2019)
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