11.2.8 Nonconforming Signs

A. Signs that were lawful as of the effective date of this Ordinance but are not in conformance with current requirements shall be permitted to be maintained as nonconforming signs.

Certain off-premise signs, as defined in Sec. 11.3, Prohibited Signs, that were made nonconforming by previous ordinances but were allowed to continue beyond the amortization period in force for other off-premise signs may continue to exist until such point that compensation is not required for their removal under federal law, subject to the following restrictions, which are carried forward from previous ordinances, or are clarifications of such ordinances:

1. The signs and supporting structures may not be enlarged, moved to a different location in the City or County except by moving 1/100th of a mile on the same sign location or site as authorized by 19A NCAC 2E.0210(16), or improved through replacement by substantially different materials or in any other manner;

2. Lights and/or other electric or electronic features may not be added, and the intensity of lighting may not be increased;

3. The signs must operate in compliance with all other restrictions in Article 11, and the UDO, and other local regulations, including but not limited to prohibitions on sign operation and sign features contained in paragraph 11.3.1 and 11.3.2 and prohibitions on dilapidated and damaged signs contained in 11.3.6 and 11.3.7.

4. The signs shall be removed if repair or damage to the sign and structure exceeds 50% of value as determined by the criteria in 19A NCAC 2E.0225(f);

5. The signs shall operate in compliance with all restrictions contained in federal and/or State law and regulation; and

6. The owner of such signs shall maintain all necessary records and documents, including permits, required to be obtained under previous ordinances and/or State law or regulation, to demonstrate that the sign may continue to exist under the provisions of paragraph 11.3.5.

The restrictions contained in this section, 11.2.8B shall not be interpreted to prohibit the City or County from requiring removal of any nonconforming off-premise sign when removal is accomplished in accordance with applicable law, including but not limited to federal and/or state requirements regarding compensation.