provisions, so that all rights and liabilities that have occurred thereafter are reserved and may be enforced.
(2) Inactive Billboard . Where a nonconforming billboard remains blank or not in service for a continuous period of 180 days, such billboard shall be deemed abandoned and shall be removed within 60 days after such abandonment by the sign owner(s), owner of the property where the sign is located, or other person(s) having control over such sign in accordance with the following conditions:
A. Advertises a Business or Commodity . It advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted.
B. Advertising Message becomes Illegible . The advertising message it displays becomes illegible in whole or substantially part.
C. Advertising Copy or Message Removed . The advertising copy or message paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.
(3) North Carolina State Legislation . Where current or future North Carolina legislation regulates outdoor billboard advertising and reviews and approves permits for such signage through the State of North Carolina or an agency of the State, the Town of Fuquay-Varina recognizes such legislation overrides local codes and ordinances. However, where no valid permit approved by the State or its agency exists for a site containing a billboard advertisement and structure the standards herein shall apply and shall be enforced. Notwithstanding such legislation, the Town of Fuquay-Varina will consider any outdoor billboard advertising that does not meet the standards of the Land Development Ordinance, specifically Article L Signs; the Town of Fuquay-Varina considers outdoor billboard advertising nonconforming by the Land Development Ordinance standards even though they may be unenforceable.
j. Amortization of Nonconforming Signs
(1) Determination of Nonconforming Signs. Subject to the other sections of this Article, a nonconforming sign is a sign that exceeds any of the standards of Article L Signs as provided below, including but not limited to structure, size and material of a sign.
A. Maximum Size . The square footage or height of the sign exceeds the maximum limitation of the Land Development Ordinance by more than 10% of that permitted.
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