A. Purpose: The purpose of this section is to provide for the regulation of signs and sign structures that legally existed prior to the effective date hereof, but which fail to comply with one or more of the applicable regulations or standards. It is the intent of this section to specify those circumstances and conditions under which such nonconformities shall be permitted to continue.
B. Applicability: This section applies to nonconforming signs and sign structures that were originally allowed and have been maintained over time. These signs and sign structures have legal nonconforming status and may continue so long as they are otherwise legal. Nonconforming signs and sign structures that were not permitted when they were established and have been maintained over time have no legal right to continue and shall be terminated.
C. Status Of Legal Nonconforming Signs: Any on premises or off premises sign or billboard which was lawfully established, erected or affixed prior to the effective date hereof and which complied with all regulations in force at the time it was erected or affixed, but which fails to conform to all applicable regulations and restrictions of this title, shall be considered a legal nonconforming sign or billboard. A legal nonconforming sign or billboard may be continued so long as it is otherwise in conformance with these standards and is maintained in good condition. The owner of a nonconforming sign or billboard shall register the sign or billboard with the building official and shall provide documentation of the prior existence of the nonconformity within twelve (12) months of notification by the city of the nonconformity. Documentation shall include:
1. A dated receipt for sale or erection from a sign contractor or sign shop; or
2. Dated utility bills for separate meter to service the sign or billboard; or
3. Advertisements with a photograph of the sign or billboard in dated publications; or
4. Other evidence showing that the sign existed prior to the effective date hereof.
D. Certificate Of Nonconforming Use: If the building official determines that the nonconforming sign was permitted at the time and has been legally maintained over time, the building official will issue a certificate of nonconforming use to the applicant.
E. Conditions Under Which Legal Nonconforming Signs Are Permitted: An existing nonconforming sign may continue to be used subject to the following conditions:
1. The message displayed on a nonconforming sign or billboard may be changed, and painted messages on a nonconforming sign or billboard may be repainted.
2. A nonilluminated, nonconforming sign or billboard shall not be illuminated.
3. A nonconforming on premises sign may be changed or altered for the express purpose of making it a conforming sign.
4. In order to eliminate an unsafe condition(s), the building official may order that repairs and/or alterations be made to a nonconforming sign or billboard. Such ordered repairs shall be the minimum necessary to correct an unsafe situation(s).
5. The type of materials used in the construction of the structural elements of a sign or billboard shall not be changed after the date the sign or billboard becomes a nonconforming sign nor shall structural alterations be made to a nonconforming sign or billboard.
6. Nothing contained in this section shall be construed so as to permit the enlargement of a nonconforming sign or billboard.
F. Conditions Under Which Nonconforming Signs And Billboards Are Not Permitted: Under the following conditions, a nonconforming sign shall be removed or brought into conformance with this title:
1. Illegal Sign Or Billboard: The sign or billboard was not established or expanded in conformance with the regulations of this chapter or previous ordinances adopted by the city to regulate advertising and signs.
2. Destruction Or Damage: If any nonconforming sign or billboard is destroyed or damaged to the extent of fifty percent (50%) or more of the replacement cost of the sign and its structure, as determined by a certified real estate appraiser, the sign or billboard shall not be replaced.
3. Excessive Maintenance Or Repairs: If the value of maintenance or repairs to ensure the safety and compliance of the sign or billboard with the regulations of this chapter is fifty percent (50%) or more of the fair market value of the sign prior to the repairs, as determined by a state certified real estate appraiser, the sign or billboard shall be brought into conformance with the provisions of this chapter. Value shall be based on material costs and labor based on prevailing wage rates.
4. Cessation Of Use Of Property: A nonconforming sign shall be removed or made to conform to all the requirements of this chapter if one of the following occurs:
a. The use of the property for which the sign was intended to advertise is discontinued for a period of ninety (90) consecutive days.
b. The products or services offered on the site for which the sign was intended are no longer offered for a period of ninety (90) consecutive days.
c. The nonconforming sign or billboard ceases to be used for the purpose for which it was intended for a period of ninety (90) consecutive days.
5. Prohibited Nonconforming Signs And Billboards: Any sign that is prohibited under this chapter shall be removed or made to conform to the current sign regulations within thirty (30) days of receipt of a notice of nonconformity. Provided, however that the owner may appeal the removal requirement, which may be heard in accordance with subsection 10-4-3L of this title, if the applicant files the appeal within one hundred twenty (120) days of receipt of the notice. (Ord. 03-O-9, 3-18-2003)