A. Abatement of Nonconforming Signs.
1. Except as provided in Subsection 17.330.045.A.2. below, and notwithstanding any other nonconforming provisions of this Title, any legal nonconforming sign that would otherwise be allowed to remain under this Chapter shall be removed or modified to conform to the requirements of this Chapter as follows.
a. Abandonment. A nonconforming sign (including its physical structure and/or its supporting elements) that is no longer in active use because the business has ceased operating at the premises where the sign is located shall be removed within 90 days of cessation of the business.
b. Agreement. A nonconforming sign that is subject to an agreement between the City and the sign owner may remain in accordance with the provisions of that agreement.
c. Change of copy, sign face area, and/or structure.
i. The sign copy or sign face area on existing nonconforming signs for new or existing businesses may be changed as long as there is no alteration to the physical structure or support elements of the sign. Any such change shall not require other nonconforming signs on site to be brought into compliance.
ii. The physical structure or support elements of any one existing nonconforming sign for an existing business may be changed as long as the total combined maximum amount of allowable sign face area is not exceeded. Any such change shall not require that other nonconforming signs on the site be brought into compliance.
d. Damage. A nonconforming sign that sustains less than 50% damage to its structure shall be repaired or replaced as soon as possible, but not more than 180 days after the date of the damage. If damaged more than 50%, it shall be removed or modified to meet this Title within 180 days of the date of the damage.
e. Intensification. All nonconforming signs for a business premises shall be made to conform to this Chapter:
i. When a new business intensifies the use of a property that will require a Site Plan and Design Review or a similar discretionary review as set forth in this Title;
ii. When a remodel or expansion of an existing business results in doubling the gross square footage of an existing building, or exceeds 10,000 square feet, whichever is less.
f. Facade remodel. Remodel of a front building facade shall require that all nonconforming signs located on the front facade or affected by the facade remodel be brought into compliance.
g. New freestanding sign. Addition of a new freestanding sign shall require that all nonconforming signs on the site be brought into compliance. However, the addition of other new conforming signs on the site shall not require that other nonconforming signs be brought into compliance.
h. Relocation. A nonconforming sign proposed to be relocated shall be made conforming at the time of relocation, except where the relocation occurs as a result of a City or Redevelopment Agency public improvement project.
i. Traffic hazard/unsafe condition. Any nonconforming sign that constitutes a traffic hazard or creates any other unsafe condition shall be subject to immediate removal or modification as necessary to eliminate the hazardous or unsafe condition.
2. City or Redevelopment Agency revitalization programs. A business participating in a City or Redevelopment Agency sponsored revitalization program shall not be required to make all nonconforming signs on the premises conform at the time of revitalization, unless the revitalization program specifically requires such compliance.
3. Sign removal. Any nonconforming sign may be removed as a singular improvement without requiring other nonconforming signs to be simultaneously removed.
(Ord. No. 2005-007 § 1 (part))