§ 153A-143. Regulation of outdoor advertising. - North Carolina Statutes

§ 153A‑143.  Regulationof outdoor advertising.

(a)        As used in thissection, the term "off‑premises outdoor advertising" includesoff‑premises outdoor advertising visible from the main‑traveled wayof any road.

(b)        A county mayrequire the removal of an off‑premises outdoor advertising sign that isnonconforming under a local ordinance and may regulate the use of off‑premisesoutdoor advertising within the jurisdiction of the county in accordance withthe applicable provisions of this Chapter.

(c)        A county shall givewritten notice of its intent to require removal of off‑premises outdooradvertising by sending a letter by certified mail to the last known address ofthe owner of the outdoor advertising and the owner of the property on which theoutdoor advertising is located.

(d)        No county may enactor amend an ordinance of general applicability to require the removal of anynonconforming, lawfully erected off‑premises outdoor advertising signwithout the payment of monetary compensation to the owners of the off‑premisesoutdoor advertising, except as provided below. The payment of monetarycompensation is not required if:

(1)        The county and theowner of the nonconforming off‑premises outdoor advertising enter into arelocation agreement pursuant to subsection (g) of this section.

(2)        The county and theowner of the nonconforming off‑premises outdoor advertising enter into anagreement pursuant to subsection (k) of this section.

(3)        The off‑premisesoutdoor advertising is determined to be a public nuisance or detrimental to thehealth or safety of the populace.

(4)        The removal isrequired for establishing, extending, enlarging, or improving any of the publicenterprises listed in G.S. 153A‑274, and the county allows the off‑premisesoutdoor advertising to be relocated to a comparable location.

(5)        The off‑premisesoutdoor advertising is subject to removal pursuant to statutes, ordinances orregulations generally applicable to the demolition or removal of damagedstructures.

(e)        Monetarycompensation is the fair market value of the off‑premises outdooradvertising in place immediately prior to its removal and without considerationof the effect of the ordinance or any diminution in value caused by theordinance requiring its removal. Monetary compensation shall be determinedbased on:

(1)        The factors listedin G.S. 105‑317.1(a); and

(2)        The listed propertytax value of the property and any documents regarding value submitted to thetaxing authority.

(f)         If the parties areunable to reach an agreement on monetary compensation to be paid by the countyto the owner of the nonconforming off‑premises outdoor advertising signfor its removal, and the county elects to proceed with the removal, the countymay bring an action in superior court for a determination of the monetarycompensation to be paid. In determining monetary compensation, the court shallconsider the factors set forth in subsection (e) of this section. Upon paymentof monetary compensation for the sign, the county shall own the sign.

(g)        In lieu of payingmonetary compensation, a county may enter into an agreement with the owner of anonconforming off‑premises outdoor advertising sign to relocate andreconstruct the sign. The agreement shall include the following:

(1)        Provision forrelocation of the sign to a site reasonably comparable to or better than theexisting location. In determining whether a location is comparable or better,the following factors shall be taken into consideration:

a.         The size and formatof the sign.

b.         The characteristicsof the proposed relocation site, including visibility, traffic count, areademographics, zoning, and any uncompensated differential in the sign owner'scost to lease the replacement site.

c.         The timing of therelocation.

(2)        Provision forpayment by the county of the reasonable costs of relocating and reconstructingthe sign including:

a.         The actual cost ofremoving the sign.

b.         The actual cost ofany necessary repairs to the real property for damages caused in the removal ofthe sign.

c.         The actual cost ofinstalling the sign at the new location.

d.         An amount of moneyequivalent to the income received from the lease of the sign for a period of upto 30 days if income is lost during the relocation of the sign.

(h)        For the purposes ofrelocating and reconstructing a nonconforming off‑premises outdooradvertising sign pursuant to subsection (g) of this section, a county,consistent with the welfare and safety of the community as a whole, may adopt aresolution or adopt or modify its ordinances to provide for the issuance of apermit or other approval, including conditions as appropriate, or to providefor dimensional, spacing, setback, or use variances as it deems appropriate.

(i)         If a county hasoffered to enter into an agreement to relocate a nonconforming off‑premisesoutdoor advertising sign pursuant to subsection (g) of this section, and within120 days after the initial notice by the county the parties have not been ableto agree that the site or sites offered by the county for relocation of thesign are reasonably comparable or better than the existing site, the partiesshall enter into binding arbitration to resolve their disagreements. Unless adifferent method of arbitration is agreed upon by the parties, the arbitrationshall be conducted by a panel of three arbitrators. Each party shall select onearbitrator and the two arbitrators chosen by the parties shall select the thirdmember of the panel. The American Arbitration Association rules shall apply tothe arbitration unless the parties agree otherwise.

(j)         If the arbitrationresults in a determination that the site or sites offered by the county forrelocation of the nonconforming sign are not reasonably comparable to or betterthan the existing site, and the county elects to proceed with the removal ofthe sign, the parties shall determine the monetary compensation undersubsection (e) of this section to be paid to the owner of the sign. If theparties are unable to reach an agreement regarding monetary compensation within30 days of the receipt of the arbitrators' determination, and the county electsto proceed with the removal of the sign, then the county may bring an action insuperior court for a determination of the monetary compensation to be paid bythe county to the owner for the removal of the sign. In determining monetarycompensation, the court shall consider the factors set forth in subsection (e)of this section. Upon payment of monetary compensation for the sign, the countyshall own the sign.

(k)        Notwithstanding theprovisions of this section, a county and an off‑premises outdooradvertising sign owner may enter into a voluntary agreement allowing for theremoval of the sign after a set period of time in lieu of monetarycompensation. A county may adopt an ordinance or resolution providing for arelocation, reconstruction, or removal agreement.

(l)         A county has up tothree years from the effective date of an ordinance enacted under this sectionto pay monetary compensation to the owner of the off‑premises outdooradvertising provided the affected property remains in place until thecompensation is paid.

(m)       This section doesnot apply to any ordinance in effect on the effective date of this section. Acounty may repeal or amend an ordinance in effect on the effective date of thissection so long as an amendment to the existing ordinance does not reduce theperiod of amortization in effect on the effective date of this section.

(n)        The provisions ofthis section shall not be used to interpret, construe, alter, or otherwisemodify the exercise of the power of eminent domain by an entity pursuant toChapter 40A or Chapter 136 of the General Statutes.

(o)        Nothing in thissection shall limit a county's authority to use amortization as a means ofphasing out nonconforming uses other than off‑premises outdoor advertising.(2004‑152,s. 1.)