A. On Premises Signs: All on premises or appurtenant signs which have been made nonconforming by the adoption of provisions contained within this chapter shall be subject to the following regulations:
1. Unsafe Signs: Any sign or portion thereof declared unsafe by a proper public authority must be restored to a safe condition or removed within thirty (30) days of mailing or otherwise given notice of the unsafe condition.
2. Alterations: A nonconforming sign shall not be reconstructed, raised, moved, placed, extended or enlarged unless said sign is changed so as to conform to all provisions of this chapter. “Alterations” shall not be interpreted to include changing the text or copy on off premises advertising signs, theater signs, outdoor bulletins or other similar signs which are designed to accommodate changeable copy.
3. Restoration: Nonconforming signs which have been allowed to deteriorate or which have been damaged by fire, explosion, act of God, act of a public enemy, or damaged by any other cause, to the extent of more than sixty percent (60%) of its assessed value shall, if repaired or rebuilt, be repaired or rebuilt in conformity with the regulations of this chapter or shall be removed.
B. Off Premises Signs: All off premises signs which are made nonconforming uses by the provisions of this chapter shall be subject to the following:
1. Unsafe Signs: Any sign or portion thereof found or declared unsafe in a manner provided by law, which may be repaired without violating subsection B2 of this section, must be restored to a safe condition within thirty (30) days after the owner is given notice of the unsafe condition. Any sign not repaired as required and permitted by this subsection is unlawfully maintained and subject to the provisions of subsection 10-19-17A of this chapter.
2. Alterations: All off premises signs and their supporting structures shall be kept in good appearance and condition with normal maintenance and repair (example: painting), but it shall be unlawful to reconstruct, raise, move, place, extend or enlarge such signs or the structure supporting such signs. Any sign or sign structure altered contrary to the provisions of this subsection is unlawfully maintained and subject to the provisions of subsection 10-19-17A of this chapter.
3. Deterioration And Abandonment: A nonconforming off premises sign or sign structure that ceases to be used for sign purposes for a period of one year shall be deemed abandoned on the grounds that the nonconforming use has been abandoned, the nonconforming use has substantially changed or such other grounds as may be appropriate. Any sign or sign structure which is abandoned or in an unreasonable state of repair is unlawfully maintained and subject to immediate revocation of its permit and removal pursuant to the provisions of subsection 10-19-17A of this chapter.
4. Termination Of Nonconforming Signs: Except where preempted by federal law, a sign permit for an existing off premises nonconforming sign shall terminate and the sign shall be removed pursuant to the provisions of subsection 10-19-17A of this chapter on the date the owner of the sign has been able to recover or amortize the fair market value of the sign pursuant to state law. Using relevant information, including, but not limited to, information provided by the sign owner in the sign permit application, relevant aesthetic and traffic engineering information, and amortization periods used by other jurisdictions, the administration may establish an amortization period and condemnation value for each nonconforming sign that balances the harm to the owner against the public good without imposing an undue burden upon the owner. The amortization value may not be less than the condemnation value, but no more, and shall take into consideration the cost of operation to the owner over the amortization period. A sign maintained after expiration of the related permit, as described in this subsection, is unlawfully maintained and subject to revocation of its permit and removal pursuant to the provisions of subsection 10-19-18A of this chapter.
(Ord. 2008-10, 4-15-2008; amd. Ord. 2010-20, 12-7-2010; Ord. 2023-24, 10-17-2023)