§ 10-6.12 DESIGN DISTRICTS.

   (A)   Where design districts are created in the city, which establish special sign regulations for a designated area, the provisions of the design district shall apply where there is a conflict with this chapter.

   (B)   West Yosemite Overlay District. The protection of the character of the streetscape is the purpose of the WY overlay zone. Signage is to be kept to a minimum to protect the streetscape while allowing for adequate identification. Placement of signs is governed under § 10-6.08 of this chapter except as otherwise specified in this section. The following sign criteria are established:

      (1)   Ground signs. One non-illuminated double-face ground sign for each parcel subject to the following provisions:

         (a)   Maximum sign area and dimensions. Ground signs may not exceed eight square feet in area. The message area, including background area, shall not exceed a vertical height of two feet. The maximum sign height shall not exceed four feet above average ground level.

         (b)   Sign placement. Perpendicular to the street; a minimum of three feet behind sidewalk.

         (c)   Street number. Every ground sign must incorporate the street number into the message area. Such numbers may not be less than four inches in height and must be compatible with the style of the sign message.

         (d)   Letters. Routed or raised-wood letter; color is at the option of the applicant/owner.

      (2)   Wall sign. One wall sign not exceeding three square feet in area for each business at each major business entrance door.

      (3)   Window sign. Window signage is not allowed.

      (4)   Directional sign. To encourage maximum use of the off-street parking located at the rear of a parcel, a directional sign not exceeding two square feet shall be provided adjacent to the driveway or in conjunction with the ground sign. The materials shall be compatible with those of the ground sign and the sign height shall not exceed four feet.

      (5)   Nonconforming signs. Signs which become nonconforming upon application of the West Yosemite zone shall be brought into compliance at the time of any change to the sign other than routine maintenance.

(Ord. 864 C.S., passed 11-4-09)

§ 10-6.13 SPECIAL USE SIGNS.

   Certain uses, because of their special sign needs or their allowance in residential as well as business or industrial districts, have been specifically listed in this section. Where such uses are approved, the sign standards allowed for such uses shall be found in the special use table as follows:

 

SPECIAL USE	LIMITATIONS AND SPECIAL CONDITIONS
Automobile/R.V. sales (new)	Primary freestanding identification sign based upon Table B of § 10-6.09(A)(1). One freestanding sign may be provided per separate new car showroom/sales facility. The minimum distance between freestanding signs shall be 300 feet, and a minimum distance to any adjacent property line shall be 50 feet.
	(a)   Freestanding signs for ancillary used car sales shall be no higher than 14 feet nor contain more than 36 square feet of sign area. One used car freestanding sign shall be allowed per site. The minimum distance between freestanding signs shall be the same as for new car sales. This sign area may be combined with the main dealership sign (maximum 136 square feet).
	(b)   Signs in or on vehicles shall be limited to 2 sq. ft. per vehicle.
	(c)   On-building signs at a rate not to exceed the area in Table E of § 10-6.09(B).
	(d)   Window signs: temporary signs only.

 

SPECIAL USE	LIMITATIONS AND SPECIAL CONDITIONS
Automobile/R.V. sales (used)	(a)   One freestanding identification sign based upon Table B of § 10-6.09(A)(1). A minimum distance from other freestanding signs shall be 100 feet, and a minimum distance to any adjacent property line shall be 50 feet.
	(b)   Signs in or on vehicles shall be limited to 2 sq. ft. per vehicle.
	(c)   On-building signs at a rate not to exceed the area in Table E of § 10-6.09(B).
Cemetery	One freestanding sign on each street frontage with a public entrance. Max. height 10 ft., max. area 30 sq. ft. Wall signs on the principal entrance not to exceed 12 sq. ft.
Changeable copy sign	(a)   Allowed only with the approval of a Conditional Use Permit by the Planning Commission.
	(b)   One per business or business center.
	(c)   Limited to on-site commercial messages only.
	(d)   Not permitted within 2,000 feet of any other changeable copy sign.
	(e)   When mounted on-building - all on-building signage (to include changeable copy sign) shall not exceed the total on-building signage allowed.
	(f)   When mounted on freestanding sign - all freestanding signage (to include changeable copy sign) shall not to exceed total freestanding signage allowed.
Church	(a)    Not exceeding 12 sq. ft. for directory signs.
	(b)    Not exceeding 32 sq. ft. in total sign area for freestanding signs per street frontage. One sign allowed per street frontage.
	(c)   Wall signs not to exceed one-quarter sq. ft. per foot of building frontage facing a street.
Day Care Facility	(a)   For uses conducted in single-family residential districts, no signage or indicia is allowed.
	(b)   For uses conducted in multifamily, no signage or indicia is allowed.
	(c)   For uses in commercial districts, signage shall be consistent with the provisions of § 10-6.09.

 

SPECIAL USE	LIMITATIONS AND SPECIAL CONDITIONS
Drive-in/drive-up/ drive-through uses	(a)   Drive-up/drive-in uses are subject to a conditional use permit.
	(b)   A formal sign review application shall be submitted and approved prior to installation of any signs.
	(c)   In addition to the sign area allowed under the commercial district regulations, drive-up restaurants shall be allowed one menu board per drive-up lane not to exceed 20 sq. ft. in area or six feet in height. Changeable copy is limited to the menu board.
	(d)   Each drive-up lane shall be permitted one preview board in conjunction with the menu board. The preview board shall not exceed 20 sq. ft. in area and not exceed six feet in height.
	(e)   The minimum distance from the center of the menu board to the center of any proposed preview board shall not be less than 25 feet.
	(f)   All menu boards and preview boards shall utilize low intensity illumination.
	(g)   All corporate advertising shall be eliminated from the menu and preview board.
	(h)   Menu and preview board shall not be visible from the street. Additional landscape areas or shrub plantings may be required to provide screening.
	(i)   Walk-up menu boards shall be limited to six or less sq. ft. in area in locations as approved under the conditional use permit. Carhop menu boards shall not exceed six square feet in area and shall be reviewed through the Conditional Use Permit process.
	(j)   Directional signs shall be textual in nature with no branding and/or logos incorporated into the sign design so as to direct (as opposed to distract) the motoring public. Directional signs shall be one foot high by two feet wide by three feet tall.
Freeway Sign	(a)   In addition to signs allowed by § 10-6.09 of this section, sites five acres in size or greater, located in the C1, C2, CH, I, and IP Zone Districts and adjacent to and visible from the travel lanes of State Route 99 or 145 are allowed one on-site freeway sign, subject to the following criteria:
	Acreage      Face area      Maximum height
	5-10 acres      200 square feet   20 feet
	10-20 acres      300 square feet   30 feet
	20 acres or more   400 square feet   40 feet
	(b)   The Director of Planning may grant a greater height up to a maximum height of 60 feet when the freeway sign provided for multiple tenant identification.
	(c)   A request to exceed the 40-foot height maximum shall be subject to a flag test to be performed by the applicant, with a member of city staff in attendance.
	(d)   On-building freeway identification signs are allowed with sign area to be calculated at one sq. ft. per each lineal foot of lease space for a major tenant (10,000 sq. ft. or greater) adjacent to or visible from the freeway, with a maximum on-building sign area not to exceed 200 square feet in area.

 

SPECIAL USE	LIMITATIONS AND SPECIAL CONDITIONS
Golf Courses	One freestanding sign per street frontage with vehicular access. Max. height, 10 ft., max. area, for frontages under 200 ft., 16 sq. ft., for frontages 201 feet or greater, 32 sq. ft.
Group Care Facilities	(a)   For uses conducted in single-family residential districts, no signage or indicia is allowed.
	(b)   For uses conducted in multifamily or commercial districts, one wall mounted sign per street frontage, not to exceed one sq. ft. per 10 ft. of lot frontage with a max. of 24 sq. ft.
Hotels/Motels	In addition to the signing allowed in the commercial districts, hotel/motel uses shall be entitled to one “vacancy-no vacancy” sign not to exceed five sq. ft. Said sign may be illuminated.
Marketing Window	(a)   Marketing windows are subject to the approval of a zoning administrator permit.
	(b)   A formal sign review application shall be submitted and approved prior to installation of any signs.
	(c)   Approved signage shall only be located on the back/rear walls of the marketing window.
	(d)   In all cases, marketing windows shall comply with the following dimensional criteria. Marketing windows shall be:
	(1)   At least three foot in depth.
	(2)   No greater than 50% of the width of the building elevation where they are located.
	(3)   No greater than 10 feet tall, and only on the ground floor of a building.
	(4)   Never result in greater than 10 times the total allowed on-building signage for a business per Table E of Section 10-6.09(B) or in excess of 1,000 square feet, whichever is less.
	(e)   In all cases, marketing windows shall comply with the following design criteria. Marketing windows shall:
	(1)   Only be illuminated from the front. All illumination shall be shielded and located within the marketing window vestibule.
	(2)   Not be illuminated after 12:00 midnight, or when the business is closed, whichever is later.
	(3)   Only display graphical elements and/or photographs representative of the goods and/or services offered within.
	(4)   Not function as a display window.
	(f)   No temporary window signage as allowed in MMC § 10-6.04(S) shall be placed on or within the marketing window.
Movie Theaters	(a)   One sq. ft. of sign area per lineal foot of building facing a public street not to exceed 100 sq. ft. per frontage.
	(b)   One freestanding sign not to exceed 30 sq. ft. for each theater screen up to a max. area of 200 sq. ft. and a max. height of 20 feet.
	(c)   Changeable copy may be employed for movie listings.
Outdoor Uses Temporary/ Seasonal	(a)   Temporary A-frame and I-frame signs may be used.
	(b)   Maximum total sign area shall not exceed 50 sq. ft.
	(c)   Individual signs shall be limited to 25 sq. ft. each with a maximum height of six feet, and shall not affect traffic or parking spaces.
	(d)   Total number of signs per street frontage shall be limited to one, and shall be approved by the Planning Director.
Outdoor Uses Other Than Temporary or Seasonal	Not exceeding one-half sq. ft. per front of lot or area for the use to a max of 50 sq. ft. and shall be approved by the Director of Planning.
Private Clubs and Lodges	To be determined with the Conditional Use Permit approval.
Private Parking Lots	(a)   One freestanding sign at each street entrance not to exceed 16 sq. ft. in area or six feet in height indicating the name and nature of the business, plus the means of operation or parking restrictions.
	(b)   The freestanding sign(s) may be mounted on a parking lot attendant structure in lieu of the freestanding sign(s).
Private Schools	To be determined with the Conditional Use Permit approval.
Public Uses	As approved by City Council for city uses.

 

SPECIAL USE	LIMITATIONS AND SPECIAL CONDITIONS
Service Stations (Gasoline Sales) including: Mini-Market/Gas Convenience Market With Gas Car-Wash/Gas Combinations (In addition to normal sign area, the following special purpose signs may be displayed)	(a)   Portable Outside Merchandise Display Stands allowed only with an approved Conditional Use Permit.
	(b)   Gasoline Price Signs: One permanently mounted freestanding price sign per street frontage, shall be allowed which list information for each grade of gasoline, type of service available and type of payment permitted, when there is a difference in price for each separate case. Said signs indicating a single price or a combination of prices shall not exceed a total area of 20 sq. ft., with a max. height of eight feet unless mounted on the freestanding business identification sign, in which case the height shall not exceed that specific to the permitted sign. Said sign(s) may be illuminated.
	(c)   In addition to the gasoline signs allowed under (b), one on-building gasoline price sign not to exceed 20 sq. ft may be displayed on one building frontage facing a street frontage.
Residential Subdivision Identification (permanent)	(a)   Residential. Freestanding signs shall be attached to a permanent structure designed for the purpose and located within the center island or on one side of the street at up to two entrances to a subdivision, subject to an approved encroachment permit when located within the public right-of-way.
	(b)   Sign(s) shall not exceed a height of eight feet nor 16 sq. ft. in area per sign, nor one sign per entrance.
	(c)   Such signs shall be approved with a tentative subdivision map.
Shopping Center (Major)	(a)   Major Shopping Center signage shall be approved through a conditional use permit approved by the Planning Commission.
	(b)   Such signage shall be consistent with the purpose and intent of this chapter.
Temporary Seasonal Sales Conducted Outdoors (Fireworks, Pumpkin, Christmas Tree, Agricultural Sales)	(a)   Maximum sign area shall not exceed 50 sq. ft. total.
	(b)   Individual signs shall be limited to 25 sq. ft. each with a maximum height of six feet, and shall not affect traffic or parking spaces.
	(c)   Total number of signs per street frontage shall be limited to one, and shall be approved by the Planning Director.

 

(Ord. 864 C.S., passed 11-4-09; Am. Ord. 892 C.S., passed 1-4-12)

§ 10-6.14 SUBDIVISION SIGNS, TEMPORARY.

   (A)   On-site. Temporary on-site signs are allowed, as follows:

      (1)   Up to 128 square feet in one principal subdivision sign and up to 60 square feet for additional signs at each street entrance to, or within the subdivision, not to exceed a total of five signs for the subdivision. Phases of a single tentative map by a single builder shall be considered as a single subdivision. Prior to the placement of any signs, a sign program shall be submitted to and approved by the Planning Department. Sign approval shall be for a one year period. For each additional year the subdivision is actively being marketed, an annual permit shall be filed.

      (2)   Model home signs. One per model up to 16 square feet in area.

      (3)   For a single ten day grand opening period, banners, flags and additional temporary signing shall be allowed on-site as long as they do not create a traffic safety hazard. A written letter must be submitted to the Planning Department notifying the city of the grand opening event.

      (4)   Upon payment of a performance deposit, as set by resolution of the City Council, flag poles, flags and banners may be allowed subject to the following standards:

         (a)   Flags and poles must be immediately removed when flags are no longer displayed.

         (b)   Flags/banners must be removed or replaced when faded or tattered.

         (c)   Flag pole heights shall not exceed 30 feet.

         (d)   Flags shall not exceed 12 square feet.

         (e)   The number of flags/poles shall not exceed 24 plus one per model home. As approved in the subdivision sign program, the flag poles may be grouped.

         (f)   Flag poles shall not be located in the public right-of-way.

         (g)   Up to three temporary banners may be displayed not to exceed four feet by 20 feet in size.

   Failure to comply with these standards shall cause the forfeiture of the performance deposit.

   (B)   Off-site. Temporary off-site signs shall be allowed, provided that:

      (1)   Signs shall be immediately removed when the subdivision is no longer being actively marketed.

      (2)   Signs shall be removed or replaced when damaged or in disrepair.

      (3)   Signs shall identify and market specific individual subdivision projects.

      (4)   Signs shall be located within a one mile radius from the project it is approved to market.

      (5)   Signs shall not be located in the public right-of-way or public easements, except for directional kiosks as authorized by ordinance.

      (6)   Signs shall not exceed four feet by eight feet in size.

      (7)   Not more than two off-site signs shall be allowed in any geographical direction (north, south, east, and west) up to four signs.

      (8)   Signs shall not be located closer than 100 yards from any directional kiosk, as authorized by ordinance.

      (9)   Signs shall not be located closer than 100 feet to other temporary off-site subdivision signs.

   (C)   Permits. All subdivision signs shall require a valid city sign permit, as authorized by ordinance. A complete subdivision signage plan shall be required to be submitted to the Planning Director for review and approval. A performance deposit set by the resolution of the City Council shall be required.

(Ord. 864 C.S., passed 11-4-09)

§ 10-6.15 SIGN PERMIT APPLICATION.

   (A)   In addition to any other permits which may be required by the Uniform Codes or Municipal Code, an approved sign review permit shall be required, which may be issued by the Planning Director, for any sign erected, altered, relocated, or reconstructed in any zone district, excepting those exempt per § 10-6.04.

   (B)   Except as otherwise provided in this chapter, it shall be unlawful for any person to erect, alter, relocate, or reconstruct a sign within the city without first obtaining a sign review permit.

   (C)   In order to file an application for any action under this chapter, the applicant shall have a certain legal interest in the real property which is the subject of the application, which legal interest shall be one of the following:

      (1)    Owner;

      (2)   Seller or purchaser under a contract of sale;

      (3)   Lessee, limited to the portion being leased and excluding common access drives and common parking areas; or

      (4)   A verified agent of one of such persons (such as a licensed sign contractor).

   (D)   The application shall be in the number of copies and on the format designated by the Planning Director. All sign review applications shall include the following:

      (1)    Completed application form to include all required signatures;

      (2)   Payment of the required fee, as set by the City Council;

      (3)   Three sets of scaled drawings to include:

         (a)    Scaled plot plan of the subject property, identifying the location of all proposed signs;

         (b)   Scaled drawings of all proposed signage with sign size(s) calculated;

         (c)   Scaled drawings of all building elevations to include all existing and proposed signs; and

         (d)   All exhibits shall include a legend, and a color scheme, and show the type of illumination, method of attachment, material composition, disconnect switch wherever applicable, and other information which may be needed to determine that the provisions of this chapter have been satisfied.

   (E)   In processing sign applications, the following criteria shall be used to approve, conditionally approve, or disapprove:

      (1)   The sign shall be consistent with the purpose and intent of this chapter;

      (2)    The sign shall be consistent with the standards, exceptions, and prohibitions set forth in this chapter; and

      (3)   The sign’s location and copy shall be best suited for visibility and safety.

   (F)   The Planning Department shall review all sign review permit applications and shall either approve, approve with modifications, or deny an application in accordance with the requirements of this chapter and any other applicable requirements of federal, state, or local laws. The Planning Director, however, may withhold action on an application until it is reviewed by the Planning Commission if the Director feels there is a potential element of controversy regarding the following factors, which include, but are not limited to: size, color, type, face, shape, or other elements disharmonious, distracting, or incongruous with the site or any surrounding neighborhood.

   (G)   In the event of denial, the Planning Department shall provide written notice of a denial to the applicant within five working days after a decision is rendered. The applicant may appeal any decision of the Planning Department to the Planning Commission pursuant to the provisions of § 10-6.18 (Appeals).

(Ord. 864 C.S., passed 11-4-09; Am. Ord. 868 C.S., passed 5-5-10)

§ 10-6.16 MASTER SIGN PROGRAMS.

   (A)   Upon determination of the Planning Director, an approved master sign program may be required in conjunction with and as a part of another development entitlement application (discretionary or ministerial). The intent of a requirement for a master sign program is to provide for cohesive, complementary, and proportionate signage that satisfies the purpose and intent of this chapter.

   (B)   In processing Master Sign Program applications, the submittal requirements of a sign permit shall be adhered to per § 10-6.15(d). Only one sign permit application shall be required for each master sign program.

   (C)   In all cases, the Master Sign Program shall be at least as restrictive as the provisions and restrictions of this chapter.

(Ord. 864 C.S., passed 11-4-09)

§ 10-6.17 (RESERVED).

§ 10-6.18 APPEALS.

   (A)   The applicant or any aggrieved person may appeal, in writing, setting forth his reasons for such appeal, to the Planning Commission. Such appeal shall be filed with the Planning Director within 15 days after the receipt of the notice of such decision. The appeal shall be placed on the agenda of the Commission’s next available regular meeting after the appeal is filed. The Commission shall review the sign review permit and shall approve, approve with conditions, or disapprove, based on the criteria set forth in § 10-6.15(e). The decision of the Commission shall be final unless appealed to the Council.

   (B)   The applicant or any aggrieved person may appeal, in writing, setting forth his reasons for such appeal, to the Council within 15 days after the Commission’s decision. The appeal shall be filed with the City Clerk and shall be placed on the agenda of the Council’s next available regular meeting after the appeal is filed. The Council shall review the sign review permit and shall approve, approve with conditions, or disapprove, based on the criteria set forth in § 10-6.15(e). The decision of the Council shall be final.

   (C)   The appellant or his authorized representative shall appear in person at the appropriate Planning Commission hearing and/or the Council hearing. If no such appearance is made by the appellant or his or her authorized representative, and no continuance of such hearing has been sought, the appeal shall be automatically denied.

(Ord. 864 C.S., passed 11-4-09)

§ 10-6.19 MINOR ADJUSTMENTS AND VARIANCES.

   (A)   The Planning Director may grant minor adjustments in order to prevent unnecessary hardships which would result from a strict and literal interpretation and enforcement of certain regulations prescribed by this chapter. A practical difficulty or unnecessary hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon, from geographic, topographic, or other physical conditions on the site, or in the immediate vicinity, or from street locations or traffic conditions in the immediate vicinity which would affect the signing of such site or building.

   (B)   In all cases, consideration of the minor adjustment must result from a practical difficulty or unnecessary hardship, and findings of said practical difficulty or unnecessary hardship shall accompany any application for minor adjustment, to include justification of the nature of and need for the minor adjustment.

   (C)   The minor adjustment process may be used where the applicant desires one or more adjustments from the requirements of this chapter provided the total amount of adjustments is limited to 25 percent of the allowed sign area. The Planning Director may allow adjustments within the limits listed in this section. Appropriate findings consistent with the purpose and intent this chapter shall be made a part of the motion to grant an adjustment.

   (D)   The minor adjustment process may not be used for relief from the provisions of § 10-6.05, Prohibited Signs. Relief from those regulations as specified in § 10-6.05 shall be processed as a variance.

   (E)   The minor adjustment process may be used for:

      (1)   Additional area to:

         (a)    Overcome a disadvantage because of an exceptional setback between the street and the sign or orientation of the sign location;

         (b)   Achieve an effect which is essentially architectural, sculptural, or graphic art and which, in the opinion of the Planning Director, enhances the sign and site’s development;

         (c)   Permit more sign area in a single sign than is allowed, but less than the total allowed the site, where a more orderly and concise pattern of signing will result;

         (d)   Allow a sign compatible with other conforming signs in the vicinity; and

         (e)   Establish the allowable amount and location of signing when no street frontage exists or when, because of an unusual lot shape (for example, a panhandle lot), the street frontage is excessively narrow in proportion to the average width of the lot.

      (2)   Alternative locations.

         (a)   On site. To transfer from one wall to another wall or to a freestanding sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback;

         (b)   Lots not fronting on any street. Sign review by the Planning Director shall be required for all such signs. Under sign review, approval may be given for the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street; and

         (c)   Other. Additionally, alternative locations may be granted in order to further the intent and purpose of this chapter or where normal placement would conflict with the architectural design of a structure.

      (3)   Alternative types of signs. To facilitate compatibility with the architecture of structures on the site and improve the overall appearance of the site.

   (F)   The procedure for a minor adjustment to this chapter is as follows. All minor adjustments for signage shall be referred to the Planning Department for review by the Planning Director, to include:

      (1)   A completed application;

      (2)   Statement of justification and findings;

      (3)   A fee set by the City Council; and

      (4)   Three sets of scaled drawings to include:

         (a)    Scaled plot plan of the subject property, identifying the location of all proposed signs;

         (b)   Scaled drawings of all proposed signage with sign size(s) calculated;

         (c)   Scaled drawings of all building elevations to include all existing and proposed signs; and

         (d)   All exhibits shall include a legend, and a color scheme, and show the type of illumination, method of attachment, material composition, disconnect switch wherever applicable, and other information which may be needed to determine that the provisions of this chapter have been satisfied.

   (G)   Upon approval of a minor adjustment by the Planning Director, property owners and business operators existing at such time, located adjacent to the affected property or within 300 feet from the location of the sign, shall be notified of the decision, explaining the adjustment and noting the appeal process. The decision shall not take effect until the appeal period ends.

   (H)   Appeals for adjustments shall be processed the same as those listed for sign review permits in § 10-6.18.

   (I)   Any request for variance from the Sign Ordinance of the City of Madera shall adhere to § 10-3.1401 - 10-3.1411 of the Madera Municipal Code.

(Ord. 864 C.S., passed 11-4-09)

§ 10-6.20 ILLEGAL AND NONCONFORMING SIGNS.

   (A)   Illegal signs. Every sign in existence on January 1, 2010 and which was prohibited or illegal at the time of installation, and which does not conform to the provisions of this chapter shall be an illegal sign. Such signs shall be removed immediately upon notification of illegality. Failure to remove such signs shall be a violation of this chapter. Signs which are not constructed, maintained, or displaced pursuant to the requirements of this chapter, and which are not legal, and which are nonconforming shall be illegal, except as follows:

      (1)   Any sign conforming to county laws at the time the property upon which it is displayed is annexed to the city and which is made non-conforming or illegal under the provisions of this chapter shall be removed or brought into conformance within five years after the date it became non-conforming. Any sign which has been declared non-conforming under county laws prior to annexation to the city shall be removed or brought into conformance with this chapter within the time period provided for under the county’s law provided the time period is less than five years;

      (2)   Any sign of historical significance; where the sign display is within an area listed or eligible for listing on the National Register of Historical Places, or in an area registered as an historical landmark or point of interest, or in an area designated as an historical zone.

   (B)   Nonconforming signs.  

      (1)   Signs that were in conformance with existing ordinance prior to the adoption, or subsequent amendments, of this chapter, but are inconsistent with the adopted content are considered Legal Nonconforming Signs. As such, they may continue to exist provided that they are not altered, modified, or changed in such a way that would increase the degree of nonconformity. When such modification, alteration or change occurs or is proposed, the sign shall be brought into compliance with the standards of this chapter, and shall be permitted under the specifications of this chapter. Each nonconforming sign shall be removed or made to conform to the provisions of this article at the sole cost of the owner thereof.

      (2)   A legal nonconforming sign shall be made to conform immediately to the provisions of this chapter if/when:

         (a)   The sign is destroyed or damaged to an extent in excess of 50% of its estimated value. The sign shall not be replaced or repaired except by a sign which conforms to the provisions of this chapter;

         (b)   The owner relocates the sign;

         (c)   There is an agreement between the owner and the city for the removal of a sign on a given date;

         (d)   The use of the sign is discontinued for over 180 days, at which such time the sign shall be removed within 30 days, unless within that period of time it is made to conform;

         (e)   The sign display is or may become a danger to the public or is unsafe; or

         (f)   The sign display constitutes a traffic hazard not created by the relocation of streets or highways or by acts of the city or county.

(Ord. 864 C.S., passed 11-4-09)