(A) Signs which are lawfully in existence at the time of the adoption of these regulations and which are neither specifically permitted nor exempted from these regulations are nonconforming signs and shall be removed or brought into conformity with the regulations within five years, except as noted below in divisions (B) and (E) below.
(B) Billboard signs which are lawfully in existence at the time of the adoption of these regulations are exempt from the provisions of this section. Such signs, if not in accordance with the regulation of this chapter, need not be removed or brought into conformity with the regulations; provided they are continuously maintained and operated and are not expanded, enlarged, or otherwise altered in any manner with the exception of facial copy change or replacement.
(C) Signs which become nonconforming as a result of a zone change, annexation or code amendment shall also be subject to the provisions of this chapter, with the five year amortization period commencing from the effective date of the zone change, annexation or amendment.
(D) Immediately upon any change, modification or alteration in the building to which any existing nonconforming signs relate, all such signs shall become unlawful and shall be removed or abated within ten days as provided in § 23.21.170.
(E) The Community Development Director shall have the authority to grant an exemption to the requirements of this chapter. Approval of any such exemption shall be based upon a determination there is a strong possibility that displacement of businesses will result.
(F) Removal and disposition of abandoned, nonmaintained or illegally installed signs.
(1) Every sign shall be maintained in a safe presentable and good structural material condition at all times, including the replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of said sign. If the sign is not made to comply with safety standards, the Director of Community Development shall require its removal in accordance with this section.
(2) The Director shall remove or cause the removal of any fixed permanent sign constructed, placed or maintained in violation of this section after 30 days, following the date of mailing of registered or certified written notice to the owner of the sign, if known, at their last-known address or to the owner of the property as shown on the latest assessment roll, or to the occupant of the property at the property address, which notice shall describe the sign and specify the violations involved, giving notice that said sign will be removed if the violation is not corrected within 30 days.
(3) Signs removed by the Director of Community Development pursuant to this section shall be stored for a period of 30 days, during which time they may be recovered by the owner upon payment to the city for costs of removal and storage. If not recovered prior to expiration of the 30-day period, the sign and supporting structure shall be declared abandoned and title thereto shall vest in the city and the cost of removal shall be billed to the owner. If not paid by the owner, said costs will be imposed as a tax lien against the property.
(4) Any person having an interest in the sign or the property may appeal the determination of the Director of Community Development ordering removal or compliance by filing a written notice of appeal as detailed in § 23.21.210.
(Ord. 4823, passed 1-22-24)