(a) Notification of Nonconformity. After the enactment of this Sign Code, the Zoning Administrator shall, as soon as practical, survey the City for signs which do not conform to the requirements of this Sign Code or for which there is no current and valid sign permit. Upon determination that a sign is nonconforming, the Zoning Administrator shall use reasonable efforts to so notify, in writing, the owner of the property on which the sign is located. If the owner of the property on which the sign is located cannot be determined, the notice may be affixed in a conspicuous place on or next to the sign or to the business premises with which the sign is associated. The notice shall contain the following:
(1) The owner shall be obligated to remove such sign or to bring it into conformity with the requirements of this Sign Code; and
(2) Whether the sign is eligible for characterization either as "legal conforming," or "legal nonconforming" pursuant to Section 1166.16(c).
(b) An application for a sign permit shall be submitted to the Zoning Office within sixty (60) days of the notification by the Zoning Administrator that a pre-existing sign does not conform to the requirements of the Sign Code. For any sign on property annexed at a later date, applications for sign permits shall be submitted within sixty (60) days of the effective date of annexation or within such period as may be established in an annexation agreement between the City and the landowner.
(1) Signs that are the subject of applications received after the expiration of the date set forth in this subsection shall be subject to all of the terms and conditions of this Sign Code and shall not be entitled to the protection of Section 1166.16(c).
(2) Applications for permits for existing signs submitted before the date set forth in this subsection shall be exempt from the initial fees adopted under authority of this Sign Code.
(c) Legal Nonconforming Signs. Any sign located within the City limits on the date of adoption of this Sign Code or located in an area annexed to the City thereafter which does not conform with this Sign Code, and for which a valid application for a sign permit is submitted as required under Section 1166.16
(b) shall be a legal nonconforming sign.
(d) Loss of Legal Nonconforming Status. A legal nonconforming sign may be continued; however, a legal nonconforming sign shall immediately lose its legal nonconforming designation and shall be deemed an illegal sign if any of the following is true:
(1) The sign is structurally altered in any way to another nonconforming sign or to prolong the life of the sign (except for normal maintenance or to meet safety requirements);
(2) The sign is expanded or altered in any manner that increases the degree of nonconformity;
(3) The sign structure is relocated;
(4) The sign and/or the sign structure is damaged, due to an act of God or otherwise, which damage requires repairs in excess of fifty percent (50%) of the replacement cost of the same;
(5) The sign and/or the sign structure is located in the public right-of-way, is a nuisance or fails to conform to health and safety codes without regard to the extent of damage;
(6) Abandonment occurs;
(7) Council specifically designates the loss of such designation for certain types of signs.
Upon the occurrence of any of the conditions set forth in Section 1166.16(d)(1) to (7) hereof, the sign shall be immediately brought into compliance with this Sign Code, with a new permit secured therefor, or shall be removed.
(e) Loss of Legal Nonconforming Status for Pole-Mounted Signs. In addition to the loss of legal nonconforming status as set forth in Section 1166.16
(d), except for pole-mounted signs located on properties in B-4 Shopping Center Districts which properties consist of ninety- five thousand (95,000) or more square feet of commercial or retail space, any other pole-mounted sign which becomes a legal nonconforming sign shall become an illegal sign on and after January 1, 2026.
(f) Legal Nonconforming Sign Maintenance and Repair. Nothing in this chapter shall relieve the owner of the property on which the legal nonconforming sign is located from the requirements of this Sign Code, provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure in any way. Otherwise, the sign may lose its legal nonconforming status.
(Ord. 1-2006. Passed 2-22-06.)