(a) Permitted alteration of nonconforming signs. A nonconforming sign may be altered only as follows, subject to complying with permitting requirements set out in the sign code (Chapter 29 of the city code):
(1) The sign may be upgraded in accordance with subsection (b) below;
(2) Advertising copy, including letters, symbols, or other matter on the sign, may be changed, including the exchange of display faces that are designed to be interchangeable to facilitate the display of advertising copy; provided, however, display faces that are designed to be permanently attached to the supporting sign structure may be replaced only with display faces composed of like materials, e.g., a plywood display face may be replaced only with a plywood display face. Display faces may be replaced only with display faces that are the same size or smaller than the size initially registered as of January 2, 1998, in accordance with § 5.01 of Chapter 29 of the sign code, plus cut-out extensions that do not exceed 20% of the registered sign area. The temporary use of a sign with a display face that is smaller than the size that was initially registered shall not bar the replacement of the display face with a larger display face, provided that it shall not exceed the size reflected in the initial registration. Notwithstanding anything herein to the contrary, vinyl, paint or pasted paper may be affixed to a display face composed of any material;
(3) A sign which has been blown down or otherwise destroyed by wind, fire or damages from any other source, may be repaired, provided that the cost of repairing the sign is 60% of the cost of erecting a new sign of the same type at the same location, or less. If the cost of repairing the sign is more than 60% of the cost of erecting a new sign of the same type at the same location, the sign may not be altered, reconstructed, repaired or replaced, and the owner shall remove the sign or bring it into compliance with the zoning ordinance, the sign code (Chapter 29 of the city code) and all other applicable ordinances;
(4) a. Maintenance operations may be performed on the sign. For purposes of this section,
MAINTENANCE OPERATIONS means the process of keeping a sign in good repair.
b. Maintenance operations include:
1. Cleaning;
2. Painting;
3. Repair of parts with like materials in a manner that does not alter the basic design or structure of the sign, provided that the cost of all repairs performed during any consecutive 365-day period is not more than 60% of the cost of erecting a new sign of the same type at the same location; and
4. Replacement of parts with like materials in a manner that does not alter the basic design or structure of the sign, provided that the cost of all replacement of parts performed during any consecutive 365-day period is not more than 60% of the cost of erecting a new sign of the same type at the same location.
c. The 365-day period limitation shall not apply to a sign that has been blown down or otherwise destroyed as described in subsection (a)(3) above.
d. Examples of actions that are not maintenance operations and are therefore prohibited include, without limitation:
1. Converting a sign from a multiple pole structure to a monopole structure;
2. Replacing wooden components with metal components;
3. Increasing the area or height of a sign, except for increases in area permitted under subsection (a)(2) above;
4. Adding illumination to a non-illuminated sign;
5. Adding additional display faces;
6. Converting a sign to utilize animated display or moveable copy technology, including but not limited to signs featuring Tri-Vision technology; and
7. Updating the technology in an already existing animated display or moveable copy signs.
e. If a sign is dismantled for any purpose other than an alteration or maintenance operation permitted hereunder, the sign may not be altered, reconstructed, repaired or replaced, and the owner shall remove the sign or bring it into compliance with this ordinance, the sign code (Chapter 29 of the city code) and all other applicable ordinances.
(5) All other alterations of any nature whatsoever in connection with nonconforming signs are prohibited. If any such alteration is performed, the owner shall remove the sign or bring it into compliance with the comprehensive zoning ordinance, the sign code (Chapter 29 of the city code) and all other applicable ordinances. The cost of any accessory use to a sign, including without limitation a communication antenna and support facilities, shall not be included in calculating the cost of erecting a new sign at the same location pursuant to subsections (a)(3) and (a)(4) above.
(b) Upgrading existing off-premises signs. In order to encourage the removal of off-premises signs from designated scenic areas and corridors, an owner may upgrade an existing off-premises sign, with city council approval, under the conditions set out below.
(1) Definition of “upgrading.” For purposes of this section, UPGRADING means making any change to an existing off-premises sign, other than repairs and maintenance operations permitted pursuant to subsection (a) above, provided, however, signs erected on buildings and multiple signs located within 25 feet of each other on the same structure or separate structures shall not be upgraded. Upgrading of off-premises signs shall be permitted only in areas that have not been designated as a scenic area or corridor pursuant to § 6.402. Upgrading of off-premises signs in designated scenic areas is prohibited.
(2) Calculation of credits for removal of off-premises signs.
a. Any person wishing to upgrade an off-premises sign must remove four off-premises signs from designated scenic areas or corridors and must have square footage credits, as defined below, equal to the size of the sign to be upgraded. No credit will be given for signs that have not been registered in accordance with § 5.01 of Chapter 29 of the sign code (Chapter 29 of the city code).
b. The planning and development department shall create an account for each sign owner showing the date of removal and the location and dimensions of the signs removed. The account shall reflect two types of sign credits, as follows:
1. One-fourth credit for each off-premises sign that is removed (“structure credit”); and
2. One-fourth credit for each square foot of display area that is removed, excluding cut-out extensions (“square footage credit”). The number of square footage credits awarded shall be equal to the display area of the sign, and shall not be increased if copy is displayed on more than one side of the sign.
c. Any sign credits not used within five years of their creation shall expire.
d. A sign owner may transfer sign credits; provided, however, the transfer does not extend the five-year term of such credits.
(3) Use of sign credits for upgrading off-premises sign.
a. A permit to upgrade an off-premises sign shall be issued only if the applicant has at least one structure credit and sufficient square footage credits. When the permit to upgrade the existing sign is issued, the development department shall deduct from the sign owner’s account:
1. One structure credit for each sign to be upgraded; and
2. Square footage credits equal to the square footage of display area of the sign to be upgraded.
b. Example: One 672 square foot sign (with advertising copy on one side only or on both sides) can be upgraded by using one structure credit and 672 square footage credits. In order to earn one structure credit and 672 square footage credits, it would be necessary to remove four off-premises signs with display areas totaling 2,688 square feet.
(4) Procedure for removal of off-premises signs. Any person wishing to obtain sign credits for removal of an off-premises sign shall submit written notice of intent to remove the sign to the development department, before taking any action to remove the sign. The notice shall be submitted on a form provided by the development department. No sign credits shall be awarded for any off-premises sign that is removed before the notice of intent is submitted to and accepted by the development department, except as set forth below. Eligibility for credit shall be determined as follows.
a. Illegal signs. No sign credits will be awarded for removal of illegal off-premises signs.
b. Nonconforming signs that have been illegally altered. No sign credits will be awarded for illegally altered nonconforming signs that are required to be removed in accordance with subsection (a) above.
c. Signs removed pursuant to eminent domain. No sign credits will be awarded for removal of signs for which compensation is paid pursuant to eminent domain proceedings.
d. Removal of damaged nonconforming signs. No sign credits will be awarded for the removal of a nonconforming sign that is blown down or otherwise destroyed by wind, fire or damages from any other source, where the cost of repairing the sign is more than 60% of the cost of erecting a new sign of the same type at the same location. If the damaged nonconforming sign can be repaired at a cost of 60% or less of the cost of erecting a new sign, the owner may elect to repair the sign. In the alternative, the owner may remove the sign and receive sign credits for the removal. The owner shall submit a notice of intent to the development department before removing the sign, unless the immediate removal of the damaged sign is required because it presents a safety hazard.
(5) No increase in area or height. An off-premises sign with a display area exceeding 672 square feet that is upgraded in accordance with this section shall be reduced to no larger than 672 square feet. The display area of a sign that is 672 square feet or less in size may not be increased as a result of the upgrade. No height increase is allowed for any upgraded sign.
(6) Zoning commission recommendation and city council approval required. The zoning commission shall conduct a public hearing on the upgrade request and shall submit its recommendation to the city council. No off-premises sign may be upgraded without city council approval after a public hearing. Notice of the zoning commission and city council hearings shall be given in accordance with § 3.502.
(7) No violation of federal or state law. Nothing herein shall permit a nonconforming sign to be upgraded in violation of any federal or state law.
(Ord. 17872-11-2007, § 1, passed 11-6-2007)