To minimize confusion and avoid unfair competitive disadvantage to businesses required to satisfy the standards of this chapter, the city intends to apply regulation of existing nonconforming signs with a view toward their eventual elimination. This goal shall be achieved by imposing limits on change, expansion, alteration, abandonment, and restoration of legally existing nonconforming signs. Except as otherwise provided herein, the provisions of chapter 6 of this title regarding nonconforming uses and structures shall apply to nonconforming signs, except where the terms of this chapter conflict, in which case the terms of this chapter shall govern.
A. Legal Nonconforming Signs: A sign legally established prior to the enactment of this chapter which does not fully comply with the terms of this chapter shall be regarded as a legal nonconforming sign. Such signs may be continued subject to being properly repaired and maintained, so long as the existing sign is not expanded in size, relocated, or altered in any way unless the relocation or alteration brings the sign into compliance with this chapter. The following alterations are exempt from this provision:
1. Panel changes for a new business in a legal nonconforming sign; and
2. Copy changes in nonconforming permanent signs which were originally approved by the city with a changeable copy feature.
B. Destroyed Or Damaged Sign: Whenever a legal nonconforming sign is destroyed or damaged by explosion, fire, windstorm, flood, earthquake, vandalism, act of God, or any other means beyond the control of the sign owner, such sign may be restored to its exact size and design immediately prior to its damage or destruction or brought into full and complete compliance with the provisions of this chapter.
1. Any destroyed or damaged legal nonconforming sign requiring repairs, must be repaired back to its exact size and design immediately prior to its damage or destruction within one hundred eighty (180) days. If a destroyed or damaged sign is not repaired within one hundred eighty (180) days it will be considered abandoned and must be repaired to conform to the provisions of this chapter, removed, or it may be dealt with or removed as specified under subsection 9-26-050H4 of this chapter.
2. A sign destroyed or damaged as a result of a public improvement project may be replaced to its exact size and design immediately prior to its damage or destruction, maintaining its legal nonconforming status, and all permitting fees shall be waived. Such replacement may also include relocation. Any such relocation must be to an on site location fully complying with the terms of this chapter.
C. Abandonment: Abandonment of a sign shall occur after one hundred eighty (180) days from the first issuance of a notice of abandonment from the city. Any nonconforming sign deemed abandoned must be removed or brought into compliance with this chapter by the property owner. If removal or compliance does not occur, the city may have the nonconforming sign removed through the processes specified in subsection 9-26-050H5 of this chapter. An abandoned sign shall not regain any legal nonconforming status under any circumstance.
D. Voluntary Conformance Fee Waiver: When any existing legal nonconforming sign is voluntarily brought into conformance with the provisions of this chapter, all fees associated with application and permitting procedures for any resulting conforming replacement sign shall be waived by the city. If multiple signs are to be replaced, only nonconforming signs shall be eligible for the fee waiver.
E. Signs Rendered Nonconforming By Capital Improvements Projects Or Public Action: Sites experiencing a reduction in setback for the benefit of a capital improvements project or public action shall be allowed:
1. To maintain existing signage as legal nonconforming signage; or
2. If a sign is altered or required to be relocated by the action, the site shall be allowed the signage opportunities allowed by this chapter.
F. Billboards: Billboards may be relocated, removed, or altered according to the terms of Utah Code Annotated. (Ord. 963, 2-15-2011)