(a) As used in this section, the term "off‑premisesoutdoor advertising" includes off‑premises outdoor advertisingvisible from the main‑traveled way of any road.
(b) A city may require the removal of an off‑premisesoutdoor advertising sign that is nonconforming under a local ordinance and mayregulate the use of off‑premises outdoor advertising within thejurisdiction of the city in accordance with the applicable provisions of thisChapter.
(c) A city shall give written notice of its intent to requireremoval of off‑premises outdoor advertising by sending a letter bycertified mail to the last known address of the owner of the outdooradvertising and the owner of the property on which the outdoor advertising islocated.
(d) No city may enact or amend an ordinance of generalapplicability to require the removal of any nonconforming, lawfully erected off‑premisesoutdoor advertising sign without the payment of monetary compensation to theowners of the off‑premises outdoor advertising, except as provided below.The payment of monetary compensation is not required if:
(1) The city and the owner of the nonconforming off‑premisesoutdoor advertising enter into a relocation agreement pursuant to subsection(g) of this section.
(2) The city and the owner of the nonconforming off‑premisesoutdoor advertising enter into an agreement pursuant to subsection (k) of thissection.
(3) The off‑premises outdoor advertising is determined tobe a public nuisance or detrimental to the health or safety of the populace.
(4) The removal is required for opening, widening, extending orimproving streets or sidewalks, or for establishing, extending, enlarging, orimproving any of the public enterprises listed in G.S. 160A‑311, and thecity allows the off‑premises outdoor advertising to be relocated to acomparable location.
(5) The off‑premises outdoor advertising is subject toremoval pursuant to statutes, ordinances, or regulations generally applicableto the demolition or removal of damaged structures.
(e) Monetary compensation is the fair market value of the off‑premisesoutdoor advertising in place immediately prior to its removal and withoutconsideration of the effect of the ordinance or any diminution in value causedby the ordinance requiring its removal. Monetary compensation shall bedetermined based on:
(1) The factors listed in G.S. 105‑317.1(a); and
(2) The listed property tax value of the property and anydocuments regarding value submitted to the taxing authority.
(f) If the parties are unable to reach an agreement undersubsection (e) of this section on monetary compensation to be paid by the cityto the owner of the nonconforming off‑premises outdoor advertising signfor its removal, and the city elects to proceed with the removal of the sign,the city may bring an action in superior court for a determination of themonetary compensation to be paid. In determining monetary compensation, thecourt shall consider the factors set forth in subsection (e) of this section.Upon payment of monetary compensation for the sign, the city shall own thesign.
(g) In lieu of paying monetary compensation, a city may enterinto an agreement with the owner of a nonconforming off‑premises outdooradvertising sign to relocate and reconstruct the sign. The agreement shallinclude the following:
(1) Provision for relocation of the sign to a site reasonablycomparable to or better than the existing location. In determining whether alocation is comparable or better, the following factors shall be taken intoconsideration:
a. The size and format of the sign.
b. The characteristics of the proposed relocation site,including visibility, traffic count, area demographics, zoning, and anyuncompensated differential in the sign owner's cost to lease the replacementsite.
c. The timing of the relocation.
(2) Provision for payment by the city of the reasonable costs ofrelocating and reconstructing the sign including:
a. The actual cost of removing the sign.
b. The actual cost of any necessary repairs to the realproperty for damages caused in the removal of the sign.
c. The actual cost of installing the sign at the new location.
d. An amount of money equivalent to the income received fromthe lease of the sign for a period of up to 30 days if income is lost duringthe relocation of the sign.
(h) For the purposes of relocating and reconstructing anonconforming off‑premises outdoor advertising sign pursuant tosubsection (g) of this section, a city, consistent with the welfare and safetyof the community as a whole, may adopt a resolution or adopt or modify itsordinances to provide for the issuance of a permit or other approval, includingconditions as appropriate, or to provide for dimensional, spacing, setback, oruse variances as it deems appropriate.
(i) If a city has offered to enter into an agreement torelocate a nonconforming off‑premises outdoor advertising sign pursuantto subsection (g) of this section, and within 120 days after the initial noticeby the city the parties have not been able to agree that the site or sitesoffered by the city for relocation of the sign are reasonably comparable to orbetter than the existing site, the parties shall enter into binding arbitrationto resolve their disagreements. Unless a different method of arbitration is agreedupon by the parties, the arbitration shall be conducted by a panel of threearbitrators. Each party shall select one arbitrator and the two arbitratorschosen by the parties shall select the third member of the panel. The AmericanArbitration Association rules shall apply to the arbitration unless the partiesagree otherwise.
(j) If the arbitration results in a determination that the siteor sites offered by the city for relocation of the nonconforming sign are notcomparable to or better than the existing site, and the city elects to proceedwith the removal of the sign, the parties shall determine the monetarycompensation under subsection (e) of this section to be paid to the owner ofthe sign. If the the parties are unable to reach an agreement regardingmonetary compensation within 30 days of the receipt of the arbitrators'determination, and the city elects to proceed with the removal of the sign,then the city may bring an action in superior court for a determination of themonetary compensation to be paid by the city to the owner for the removal ofthe sign. In determining monetary compensation, the court shall consider thefactors set forth in subsection (e) of this section. Upon payment of monetarycompensation for the sign, the city shall own the sign.
(k) Notwithstanding the provisions of this section, a city andan off‑premises outdoor advertising sign owner may enter into a voluntaryagreement allowing for the removal of the sign after a set period of time inlieu of monetary compensation. A city may adopt an ordinance or resolutionproviding for a relocation, reconstruction, or removal agreement.
(l) A city has up to three years from the effective date of anordinance enacted under this section to pay monetary compensation to the ownerof the off‑premises outdoor advertising provided the affected propertyremains in place until the compensation is paid.
(m) This section does not apply to any ordinance in effect on theeffective date of this section. A city may amend an ordinance in effect on theeffective date of this section to extend application of the ordinance to off‑premisesoutdoor advertising located in territory acquired by annexation or located inthe extraterritorial jurisdiction of the city. A city may repeal or amend anordinance in effect on the effective date of this section so long as theamendment to the existing ordinance does not reduce the period of amortizationin effect on the effective date of this section.
(n) The provisions of this section shall not be used tointerpret, construe, alter or otherwise modify the exercise of the power ofeminent domain by an entity pursuant to Chapter 40A or Chapter 136 of theGeneral Statutes.
(o) Nothing in this section shall limit a city's authority touse amortization as a means of phasing out nonconforming uses other than off‑premisesoutdoor advertising. (2004‑152, s. 2.)
(a) As used in this section, the term "off‑premisesoutdoor advertising" includes off‑premises outdoor advertisingvisible from the main‑traveled way of any road.
(b) A city may require the removal of an off‑premisesoutdoor advertising sign that is nonconforming under a local ordinance and mayregulate the use of off‑premises outdoor advertising within thejurisdiction of the city in accordance with the applicable provisions of thisChapter.
(c) A city shall give written notice of its intent to requireremoval of off‑premises outdoor advertising by sending a letter bycertified mail to the last known address of the owner of the outdooradvertising and the owner of the property on which the outdoor advertising islocated.
(d) No city may enact or amend an ordinance of generalapplicability to require the removal of any nonconforming, lawfully erected off‑premisesoutdoor advertising sign without the payment of monetary compensation to theowners of the off‑premises outdoor advertising, except as provided below.The payment of monetary compensation is not required if:
(1) The city and the owner of the nonconforming off‑premisesoutdoor advertising enter into a relocation agreement pursuant to subsection(g) of this section.
(2) The city and the owner of the nonconforming off‑premisesoutdoor advertising enter into an agreement pursuant to subsection (k) of thissection.
(3) The off‑premises outdoor advertising is determined tobe a public nuisance or detrimental to the health or safety of the populace.
(4) The removal is required for opening, widening, extending orimproving streets or sidewalks, or for establishing, extending, enlarging, orimproving any of the public enterprises listed in G.S. 160A‑311, and thecity allows the off‑premises outdoor advertising to be relocated to acomparable location.
(5) The off‑premises outdoor advertising is subject toremoval pursuant to statutes, ordinances, or regulations generally applicableto the demolition or removal of damaged structures.
(e) Monetary compensation is the fair market value of the off‑premisesoutdoor advertising in place immediately prior to its removal and withoutconsideration of the effect of the ordinance or any diminution in value causedby the ordinance requiring its removal. Monetary compensation shall bedetermined based on:
(1) The factors listed in G.S. 105‑317.1(a); and
(2) The listed property tax value of the property and anydocuments regarding value submitted to the taxing authority.
(f) If the parties are unable to reach an agreement undersubsection (e) of this section on monetary compensation to be paid by the cityto the owner of the nonconforming off‑premises outdoor advertising signfor its removal, and the city elects to proceed with the removal of the sign,the city may bring an action in superior court for a determination of themonetary compensation to be paid. In determining monetary compensation, thecourt shall consider the factors set forth in subsection (e) of this section.Upon payment of monetary compensation for the sign, the city shall own thesign.
(g) In lieu of paying monetary compensation, a city may enterinto an agreement with the owner of a nonconforming off‑premises outdooradvertising sign to relocate and reconstruct the sign. The agreement shallinclude the following:
(1) Provision for relocation of the sign to a site reasonablycomparable to or better than the existing location. In determining whether alocation is comparable or better, the following factors shall be taken intoconsideration:
a. The size and format of the sign.
b. The characteristics of the proposed relocation site,including visibility, traffic count, area demographics, zoning, and anyuncompensated differential in the sign owner's cost to lease the replacementsite.
c. The timing of the relocation.
(2) Provision for payment by the city of the reasonable costs ofrelocating and reconstructing the sign including:
a. The actual cost of removing the sign.
b. The actual cost of any necessary repairs to the realproperty for damages caused in the removal of the sign.
c. The actual cost of installing the sign at the new location.
d. An amount of money equivalent to the income received fromthe lease of the sign for a period of up to 30 days if income is lost duringthe relocation of the sign.
(h) For the purposes of relocating and reconstructing anonconforming off‑premises outdoor advertising sign pursuant tosubsection (g) of this section, a city, consistent with the welfare and safetyof the community as a whole, may adopt a resolution or adopt or modify itsordinances to provide for the issuance of a permit or other approval, includingconditions as appropriate, or to provide for dimensional, spacing, setback, oruse variances as it deems appropriate.
(i) If a city has offered to enter into an agreement torelocate a nonconforming off‑premises outdoor advertising sign pursuantto subsection (g) of this section, and within 120 days after the initial noticeby the city the parties have not been able to agree that the site or sitesoffered by the city for relocation of the sign are reasonably comparable to orbetter than the existing site, the parties shall enter into binding arbitrationto resolve their disagreements. Unless a different method of arbitration is agreedupon by the parties, the arbitration shall be conducted by a panel of threearbitrators. Each party shall select one arbitrator and the two arbitratorschosen by the parties shall select the third member of the panel. The AmericanArbitration Association rules shall apply to the arbitration unless the partiesagree otherwise.
(j) If the arbitration results in a determination that the siteor sites offered by the city for relocation of the nonconforming sign are notcomparable to or better than the existing site, and the city elects to proceedwith the removal of the sign, the parties shall determine the monetarycompensation under subsection (e) of this section to be paid to the owner ofthe sign. If the the parties are unable to reach an agreement regardingmonetary compensation within 30 days of the receipt of the arbitrators'determination, and the city elects to proceed with the removal of the sign,then the city may bring an action in superior court for a determination of themonetary compensation to be paid by the city to the owner for the removal ofthe sign. In determining monetary compensation, the court shall consider thefactors set forth in subsection (e) of this section. Upon payment of monetarycompensation for the sign, the city shall own the sign.
(k) Notwithstanding the provisions of this section, a city andan off‑premises outdoor advertising sign owner may enter into a voluntaryagreement allowing for the removal of the sign after a set period of time inlieu of monetary compensation. A city may adopt an ordinance or resolutionproviding for a relocation, reconstruction, or removal agreement.
(l) A city has up to three years from the effective date of anordinance enacted under this section to pay monetary compensation to the ownerof the off‑premises outdoor advertising provided the affected propertyremains in place until the compensation is paid.
(m) This section does not apply to any ordinance in effect on theeffective date of this section. A city may amend an ordinance in effect on theeffective date of this section to extend application of the ordinance to off‑premisesoutdoor advertising located in territory acquired by annexation or located inthe extraterritorial jurisdiction of the city. A city may repeal or amend anordinance in effect on the effective date of this section so long as theamendment to the existing ordinance does not reduce the period of amortizationin effect on the effective date of this section.
(n) The provisions of this section shall not be used tointerpret, construe, alter or otherwise modify the exercise of the power ofeminent domain by an entity pursuant to Chapter 40A or Chapter 136 of theGeneral Statutes.
(o) Nothing in this section shall limit a city's authority touse amortization as a means of phasing out nonconforming uses other than off‑premisesoutdoor advertising. (2004‑152, s. 2.)
(a) As used in this section, the term "off‑premisesoutdoor advertising" includes off‑premises outdoor advertisingvisible from the main‑traveled way of any road.
(b) A city may require the removal of an off‑premisesoutdoor advertising sign that is nonconforming under a local ordinance and mayregulate the use of off‑premises outdoor advertising within thejurisdiction of the city in accordance with the applicable provisions of thisChapter.
(c) A city shall give written notice of its intent to requireremoval of off‑premises outdoor advertising by sending a letter bycertified mail to the last known address of the owner of the outdooradvertising and the owner of the property on which the outdoor advertising islocated.
(d) No city may enact or amend an ordinance of generalapplicability to require the removal of any nonconforming, lawfully erected off‑premisesoutdoor advertising sign without the payment of monetary compensation to theowners of the off‑premises outdoor advertising, except as provided below.The payment of monetary compensation is not required if:
(1) The city and the owner of the nonconforming off‑premisesoutdoor advertising enter into a relocation agreement pursuant to subsection(g) of this section.
(2) The city and the owner of the nonconforming off‑premisesoutdoor advertising enter into an agreement pursuant to subsection (k) of thissection.
(3) The off‑premises outdoor advertising is determined tobe a public nuisance or detrimental to the health or safety of the populace.
(4) The removal is required for opening, widening, extending orimproving streets or sidewalks, or for establishing, extending, enlarging, orimproving any of the public enterprises listed in G.S. 160A‑311, and thecity allows the off‑premises outdoor advertising to be relocated to acomparable location.
(5) The off‑premises outdoor advertising is subject toremoval pursuant to statutes, ordinances, or regulations generally applicableto the demolition or removal of damaged structures.
(e) Monetary compensation is the fair market value of the off‑premisesoutdoor advertising in place immediately prior to its removal and withoutconsideration of the effect of the ordinance or any diminution in value causedby the ordinance requiring its removal. Monetary compensation shall bedetermined based on:
(1) The factors listed in G.S. 105‑317.1(a); and
(2) The listed property tax value of the property and anydocuments regarding value submitted to the taxing authority.
(f) If the parties are unable to reach an agreement undersubsection (e) of this section on monetary compensation to be paid by the cityto the owner of the nonconforming off‑premises outdoor advertising signfor its removal, and the city elects to proceed with the removal of the sign,the city may bring an action in superior court for a determination of themonetary compensation to be paid. In determining monetary compensation, thecourt shall consider the factors set forth in subsection (e) of this section.Upon payment of monetary compensation for the sign, the city shall own thesign.
(g) In lieu of paying monetary compensation, a city may enterinto an agreement with the owner of a nonconforming off‑premises outdooradvertising sign to relocate and reconstruct the sign. The agreement shallinclude the following:
(1) Provision for relocation of the sign to a site reasonablycomparable to or better than the existing location. In determining whether alocation is comparable or better, the following factors shall be taken intoconsideration:
a. The size and format of the sign.
b. The characteristics of the proposed relocation site,including visibility, traffic count, area demographics, zoning, and anyuncompensated differential in the sign owner's cost to lease the replacementsite.
c. The timing of the relocation.
(2) Provision for payment by the city of the reasonable costs ofrelocating and reconstructing the sign including:
a. The actual cost of removing the sign.
b. The actual cost of any necessary repairs to the realproperty for damages caused in the removal of the sign.
c. The actual cost of installing the sign at the new location.
d. An amount of money equivalent to the income received fromthe lease of the sign for a period of up to 30 days if income is lost duringthe relocation of the sign.
(h) For the purposes of relocating and reconstructing anonconforming off‑premises outdoor advertising sign pursuant tosubsection (g) of this section, a city, consistent with the welfare and safetyof the community as a whole, may adopt a resolution or adopt or modify itsordinances to provide for the issuance of a permit or other approval, includingconditions as appropriate, or to provide for dimensional, spacing, setback, oruse variances as it deems appropriate.
(i) If a city has offered to enter into an agreement torelocate a nonconforming off‑premises outdoor advertising sign pursuantto subsection (g) of this section, and within 120 days after the initial noticeby the city the parties have not been able to agree that the site or sitesoffered by the city for relocation of the sign are reasonably comparable to orbetter than the existing site, the parties shall enter into binding arbitrationto resolve their disagreements. Unless a different method of arbitration is agreedupon by the parties, the arbitration shall be conducted by a panel of threearbitrators. Each party shall select one arbitrator and the two arbitratorschosen by the parties shall select the third member of the panel. The AmericanArbitration Association rules shall apply to the arbitration unless the partiesagree otherwise.
(j) If the arbitration results in a determination that the siteor sites offered by the city for relocation of the nonconforming sign are notcomparable to or better than the existing site, and the city elects to proceedwith the removal of the sign, the parties shall determine the monetarycompensation under subsection (e) of this section to be paid to the owner ofthe sign. If the the parties are unable to reach an agreement regardingmonetary compensation within 30 days of the receipt of the arbitrators'determination, and the city elects to proceed with the removal of the sign,then the city may bring an action in superior court for a determination of themonetary compensation to be paid by the city to the owner for the removal ofthe sign. In determining monetary compensation, the court shall consider thefactors set forth in subsection (e) of this section. Upon payment of monetarycompensation for the sign, the city shall own the sign.
(k) Notwithstanding the provisions of this section, a city andan off‑premises outdoor advertising sign owner may enter into a voluntaryagreement allowing for the removal of the sign after a set period of time inlieu of monetary compensation. A city may adopt an ordinance or resolutionproviding for a relocation, reconstruction, or removal agreement.
(l) A city has up to three years from the effective date of anordinance enacted under this section to pay monetary compensation to the ownerof the off‑premises outdoor advertising provided the affected propertyremains in place until the compensation is paid.
(m) This section does not apply to any ordinance in effect on theeffective date of this section. A city may amend an ordinance in effect on theeffective date of this section to extend application of the ordinance to off‑premisesoutdoor advertising located in territory acquired by annexation or located inthe extraterritorial jurisdiction of the city. A city may repeal or amend anordinance in effect on the effective date of this section so long as theamendment to the existing ordinance does not reduce the period of amortizationin effect on the effective date of this section.
(n) The provisions of this section shall not be used tointerpret, construe, alter or otherwise modify the exercise of the power ofeminent domain by an entity pursuant to Chapter 40A or Chapter 136 of theGeneral Statutes.
(o) Nothing in this section shall limit a city's authority touse amortization as a means of phasing out nonconforming uses other than off‑premisesoutdoor advertising. (2004‑152, s. 2.)
