A sign nonconforming as to the regulations prevailing on the effective date of this chapter (Ordinance 03-37, passed November 3, 2003) which does not conform to the regulations of this chapter or a subsequent amendment, shall be deemed a nonconformity.
(a) Purpose. The purpose of this chapter, in addition to providing specific standards for the design, construction and erection of every new graphic, sign, marquee, canopy and awning is to cause every graphic or other sign in violation of any provision of this chapter to be eventually removed, altered or replaced so as to conform with the provisions of this chapter.
(b) Authority to Continue Existing Nonconformities. Any graphic, sign, marquee, canopy or awning as defined in Section 1145.03
which is deemed to be a nonconformity, which was erected in accordance with the provisions of any prior sign code 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 accident, wind, fire, vandalism or other cause to the extent that the cost of restoration shall equal to or exceed twenty-five percent (25%) of the replacement 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 twenty-five percent (25%) of the replacement cost of such sign, no repairs, restoration or reconstruction shall be made unless such restoration is started within six months from the date of the partial damage or 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 days, shall thereafter be removed.
(6) Change of use of nonconforming signs. Where the business use or identity associated with the nonconforming sign at the time of the adoption of this chapter or any amendment thereto, 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) Effective permit. No permit shall become effective for any new sign which replaces an existing or nonconforming sign unless and until such existing or nonconforming sign is removed.
(Ord. 03-37. Passed 11-3-03.)