(a) (1) After the enactment of this chapter, the Building Official or his or her designee shall, as soon as practicable, survey the City for signs which do not conform to this chapter. Upon a determination that a sign is nonconforming, the Building Official or his or her designee shall use reasonable efforts to notify, either personally or in writing, the user or owner of the property on which the sign is located of the following:
A. The sign's nonconformity; and
B. Whether the sign is eligible for characterization either as legal nonconforming or unlawful.
(2) Failing determination of the sign owner, user or owner of the property on which the sign is located, the notice may be affixed in a conspicuous place to the sign or to the business premises with which the sign is associated.
(b) Legal Nonconforming Characterization. Any sign located within the City limits on the date of adoption of this chapter or located in an area annexed to the City thereafter, which sign does not conform with this chapter, is eligible for characterization as a legal nonconforming sign and is permitted, provided it also meets the following requirements. Temporary signs shall not be characterized as legal nonconforming signs.
(1) The sign was covered by a sign permit or variance on the date of adoption of this chapter if one was required under applicable law.
(2) If no sign permit was required under applicable law for the sign in question, the sign was in all respects in compliance with applicable law on such date of adoption.
(c) Loss of Legal Nonconforming Status.
(1) A legal nonconforming sign shall immediately lose its legal nonconforming designation if:
A. The sign is altered in any way in structure or copy, except for changeable copy signs and normal maintenance, which alteration tends to or makes the sign less in compliance with this chapter than it was before the alteration.
B. The sign is relocated, moved, or adjusted to a position making it less in compliance with the requirements in this chapter, e.g. within the required setback or the clear vision zone area.
C. The sign is replaced.
(2) On the happening of any one of the events described in division (c)(1), B. or C. of this section, the sign shall be immediately brought into compliance with this chapter with a new permit secured therefor, or it shall be removed.
(d) Maintenance and Repair. Nothing in this section shall relieve the owner or user of a legal nonconforming sign or the owner of the property on which the legal nonconforming sign is located from the provisions of this chapter regarding safety, maintenance and repair of signs. However, no repainting, cleaning or other normal maintenance or repair of the sign or sign structure shall modify the sign structure or copy in any way which makes it more nonconforming. In such a case, the sign may lose its legal nonconforming status.
(e) Compliance Required. Legal nonconforming signs must comply with this chapter when a change in ownership, tenancy, business, or organization occurs on the premises where the sign is located or when the advertising on the sign changes to denote a change in ownership, tenancy, business, or organization. However, this section shall not prevent the enforcement of Section 1292.23.
(Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2007-04. Passed 10-8-07.)