(A) Conditions Permitting: Except as otherwise regulated by state or federal law, any sign lawfully in use as of August 5, 2008, but made nonconforming thereby, shall be permitted, as though it were not a nonconforming sign, providing any of the following conditions exist:
1. Message: The primary message of the sign relates to the business being conducted on the premises upon which the nonconforming sign is located.
2. Size, Area, Height: The size, copy area or height of the nonconforming sign does not exceed the limits set forth in this chapter by more than five percent (5%).
3. Projection: Projection of the nonconforming sign over a public right of way does not exceed one foot (1').
4. Destruction: Not more than fifty percent (50%) of the nonconforming sign is destroyed by any means.
5. Applicability; Ownership: The business to which the nonconforming sign applies remains unchanged and under the same ownership and is kept in a state of good repair, both aesthetically and structurally.
6. Billboards: Billboards, existing as of July 15, 2008, provided they are kept in a state of good repair, both aesthetically and structurally.
7. Roof Signs: All roof signs and signs with a roof like appearance, existing as of November 26, 1997, are permitted to remain as long as they are safe and properly maintained.
Nonconforming signs that do not comply with any one of the above conditions are not exempted under the provision of this subsection and will be subject to the amortization schedule depicted in subsection (B) of this section.
(B) Amortization Of Nonconforming Signs: Any sign, which is nonconforming to the requirements of this chapter, except, as provided in subsection (A) of this section, shall either be removed or made to conform to the requirements of this chapter at the expense of the sign owner within the period of time prescribed herein. The period of time to comply with the provisions of this chapter shall commence on August 5, 2008 (ordinance 768-08). Such nonconforming signs may be abated forthwith by the city in a manner consistent with the following schedule:
Fair Market Value On Effective Date | Removal Period (Years) |
Fair Market Value On Effective Date | Removal Period (Years) |
Less than $500.00 | 2 |
$501.00 to $1,500.00 | 3 |
$1,501.00 to $3,000.00 | 4 |
$3,001.00 to $4,500.00 | 5 |
$4,501.00 to $6,000.00 | 6 |
$6,001.00 to $7,500.00 | 7 |
$7,501.00 to $9,000.00 | 8 |
$9,001.00 to $10,000.00 | 9 |
$10,001.00 to $12,500.00 | 10 |
$12,501.00 to $15,000.00 | 11 |
$15,001.00 and over | 12 |
(C) Repair Of Nonconforming Signs: Alterations or modifications to any nonconforming signs are prohibited, except for structural repair resulting in the same size or shape of the original sign. This provision is not intended to prevent any nonconforming sign to be altered in such a manner that it becomes a legal, conforming sign.
(D) Removal And Abatement Of Nonconforming Signs: The city may cause written notice, ordering the removal of nonconforming signs or displays, or for their compliance in accordance with the provision of this chapter.
1. Notice: Such notice shall be delivered either in the manner required by law for service of a summons or by first class certified mail, postage prepaid, upon the owner of the property upon which the nonconforming sign to be abated is located, as shown on the latest equalized assessment rolls on file in the office of the county assessor of Kern County, or to any other parties of interest as may be known to the city.
2. Time Limit For Removal: Such nonconforming signs shall be removed or altered in conformance with the provisions of this chapter within ninety (90) days of receipt of such notice. (Ord. 806-15, 1-20-2015)