1169.06 SPECIAL PROVISIONS FOR NONCONFORMING SIGNS.

   The provisions of this Section 1169.06 shall apply to nonconforming signs in addition to all other applicable provisions of this Chapter.

   A sign which is nonconforming on the effective date of this Chapter and which does not conform with the regulations of this or a subsequent amendment, shall be deemed a nonconformity.

   (a)   Statement of Purpose. The purpose of this Chapter, in addition to providing specific standards for the design, construction and erection of every new graphic, sign, canopy and awning is to cause every graphic or other sign in violation of any provision of this Chapter to be removed, altered or replaced so as to conform with the provisions of this Chapter.

   (b)   Authority to Continue Existing Non-conformities. Any permanent graphic, sign, canopy or awning, as defined in this Code, other than a temporary sign, which is deemed to be a nonconformity, which was erected pursuant to a City permit and in place on the effective date of this Chapter, and which remains or becomes a nonconformity upon the adoption of this Chapter or any subsequent amendment thereto, may be continued only in accordance with the following regulations:

      (1)   Repairs. Ordinary repairs and nonstructural alterations may be made to a nonconforming sign. No structural alterations shall be made in, to or upon such nonconforming sign, except those required by law to make the sign conform to the regulations of this Chapter.

      (2)   Additions and enlargements. A nonconforming sign shall not be added to or enlarged in any manner, except to make the sign conform to the regulations of this Chapter.

      (3)   Moving. No nonconforming sign shall be moved in whole or in part to any other location unless such sign, and the use thereof, is made to conform to all regulations of this Chapter.

      (4)   Restoration of damaged nonconforming signs. A nonconforming sign which is destroyed or damaged by fire or other cause to the extent that the cost of restoration will exceed sixty percent (60%) of the original cost of such sign, shall not be restored unless it is made to conform to all the regulations of this Chapter, or any subsequent amendment thereto. In the event that such damage or destruction is less than sixty percent (60%) of the original cost of such sign, no repairs or construction shall be made unless such restoration is started within six (6) months from the date of the partial destruction and is diligently pursued to completion.

      (5)   Discontinuance of use of nonconforming signs. A nonconforming sign, the use of which is discontinued for a period of thirty (30) days, shall thereafter conform to the regulations of this Chapter. 

      (6)   Change the use of nonconforming signs. Where the business, use or identity associated with the nonconforming sign at the time of the adoption of this Chapter, thereafter terminates or changes, such termination or change of use shall require termination of the nonconforming sign, and the use of such sign shall thereafter conform to the regulations of this Chapter.

      (7)   Conformance Date. All graphics, signs, marquees, canopies and awnings rendered nonconforming by the provisions of this Chapter and permitted to continue shall be removed, altered or remodeled to conform to the provisions of this Chapter no later than September 1, 2002.

      (8)   When a structure and/or use is nonconforming and the signage restrictions for the Zoning District in which it is located would cause hardship, the regulations of the Zoning District most compatible with the current and/or proposed use shall be used.

(Ord. 2000-143. Passed 6-26-00.)