A. As used in this section, a "lawful nonconforming sign" is any sign which does not comply with the requirements of this chapter but which was in compliance with the requirements of the sign ordinance in effect immediately prior to the adoption of this chapter or was characterized as a lawful nonconforming sign under such previous ordinance. As used in this section, an "unlawful nonconforming sign" is any sign which does not comply with the requirements of this chapter and which was not in compliance with the requirements of the sign ordinance in effect immediately prior to the adoption of this chapter or was not characterized as a lawful nonconforming sign under such previous ordinance.
B. A lawful nonconforming sign may be maintained and repaired, even though such repair will not bring the sign into compliance with this chapter. If a lawful nonconforming sign is damaged or allowed to deteriorate in an amount in excess of fifty percent (50%) of its then replacement cost, the sign shall not be repaired except as to bring the sign in compliance with this chapter. Repair or restoration of a lawful nonconforming sign requires the obtaining of a sign permit and the payment of the requisite fee therefor; the permit shall not be denied nor shall special procedural requirements (including city council review) be invoked merely because of the nonconforming status of the sign. The foregoing provisions shall not be deemed to restrict the changing of copy on lawful nonconforming signs.
C. Signs not lawfully existing upon the date the ordinance adopting this chapter becomes effective are not thus rendered lawful by the adoption of the provisions of this chapter and the corresponding repeal of previous provisions, unless by the express provision of this chapter such previously nonconforming sign is permitted under this chapter.
D. The copy of a nonconforming sign may be altered or restored or the sign face of a nonconforming sign may be replaced after obtaining a sign permit. Any such changes shall not include reconstruction or relocation of any part of the sign or modification of the sign's architecture, unless the sign is brought into complete compliance with the provisions of this chapter. A conversion of the sign face to an electronic reader sign may be permitted with the approval of a conditional use permit, subject to the following standards:
1. Location: Reader sign conversions shall only be permitted on nonconforming billboards within two hundred fifty feet (250') of the I-15 travelway. Electronic reader boards must not be permitted if the proposed sign location is within five hundred feet (500') measured in any direction from a residential zoning district.
2. Size: Reader sign conversions shall only be permitted on billboards that do not exceed six hundred seventy two (672) square feet in size.
3. Automatic Dimming: Such signs shall come equipped with automatic dimming technology that automatically adjusts the sign's brightness in direct correlation with ambient light conditions.
4. Brightness: No electronic reader sign shall exceed a brightness level of 0.3 foot-candle above ambient light as measured using a foot-candle (lux) meter at a preset distance depending on sign area. The measurement distance shall be calculated with the following formula: The square root of the product of the sign area and one hundred (100).
Example using a six hundred seventy two (672) square foot sign:
Measurement distance = (672 sq. ft. x 100) = 259 feet
5. Findings: Finding by the city council that:
a. The conditional use application is not in violation of or in conflict with any NDOT or federal highway regulations.
b. The proposed conditional use will not be detrimental to the safety and welfare, and will not materially damage, or negatively impact other property in the vicinity.
c. The proposed conditional use is compatible with existing uses or uses permitted by right in the zoning district.
All signs in the downtown central business district or Mesquite technology and commerce center (MTCC) must be reviewed by the architectural review committee, prior to issuance of a sign permit.
E. A lawful nonconforming sign may be redesigned and remodeled without losing its lawful status so long as the original supports and superstructure of the sign are maintained and the square footage of the sign is not increased by the design change. Any redesign of an existing lawful nonconforming sign must be approved by the building department.
F. The reconstruction of a lawfully constructed nonconforming structure, including a billboard or off premises sign, is permitted if a governmental entity or public utility required the structure to be relocated from its previously approved location due to the construction of a public improvement and then only if the reconstruction occurs on the same parcel and the applicant applies for permits within ninety (90) days of receiving notice of completion of the improvements from the city. Any such relocated billboard sign or outdoor advertising structure must comply with the requirements listed in subsections G3 and G4 of this section.
G. Except under conditions defined in subsection F of this section, a billboard or outdoor advertising structure that is destroyed or damaged to more than fifty percent (50%) of its replacement cost by an act of God, war, natural catastrophe or criminal act such as terrorism, may be reconstructed or repaired on the same parcel if it meets the following standards:
1. The structure is in the form of a pylon sign rather than a pole sign, meaning that the supports for the sign are concealed within the architectural features.
2. The structure supports only one sign of no more than fifteen feet (15') high and twenty five feet (25') wide, rectangular in shape with no tags, extensions, moving or rotating parts, neon or other lights as part of the display, excessive or internal illumination, or flashing lights.
3. The bottom edge of the sign face is placed no more than ten feet (10') above the crown of the adjacent roadway or interstate highway, and the height of the sign is no more than forty feet (40') above grade (ground level at the base of the sign's structure to the top of the sign face). If the bottom edge of the sign face must be placed less than fourteen feet (14') above grade to meet these standards, additional landscaping or public safety features may be required by the city council.
4. If the sign has two (2) faces, they must be parallel to each other, and the sign face(s) must be perpendicular to the flow of traffic on the adjacent roadway or interstate highway.
5. The location of the sign is at least five hundred feet (500') from any existing residence or residential housing district, except for an on site manager's residence in a nonresidential development.
6. The sign structure, including supports and sign faces or copy areas, must remain at least ten feet (10') from any other structure, building or property boundary. (Ord. 460, 8-14-2012)