§ 62-3304. Nonconforming signs.

(1)

Any temporary sign pursuant to section 62-3317 shall be removed or made to conform to this article within 180 days from the effective date of the ordinance from which this article is derived.

(2)

A conforming sign or advertising structure shall not be issued a permit or allowed to be erected on the same place of business with an existing nonconforming sign until the nonconforming sign has been removed or brought into compliance and issued a permit, if required.

(3)

A nonconforming permanent sign shall not be modified in such a way which would increase the nonconformity of the sign. A nonconforming sign shall not be replaced by another nonconforming sign except for the change of copy or substitution of changeable panels.

(4)

Reasonable repair and maintenance of nonconforming signs, including change of advertising message, is permitted and is not a change, which would terminate the nonconforming status. Reasonable repair and maintenance means the work necessary to keep the sign structure in a state of good repair, including the replacement, in-kind, of materials in the sign structure. Where the replacement of materials is involved, such replacement may not exceed 50 percent of the structural materials in the sign within any 24-month period. The replacement value and repair and maintenance cost shall be determined by the submission of two written estimates from contractors, engineers, or architects.

(5)

A nonconforming sign may not be disassembled and re-erected at the same location.

(6)

A nonconforming sign may not be relocated.

(7)

A nonconforming sign may continue to exist so long as it is not destroyed, abandoned, or discontinued as follows:

a.

"Destroyed" means more than 50 percent of the upright supports of a sign structure are physically damaged such that the normal repair practices of the industry would call for replacement of the damaged support(s). A sign will not be considered "destroyed" within the meaning of this section under the following conditions:

1.

The destruction of a sign caused by vandalism or other criminal or tortuous act.

2.

The sign owner must demonstrate that the replacement materials cost would not exceed 50 percent of the value of the structural materials in the sign, immediately prior to destruction. The following shall be applicable in determining whether the replacement materials cost to re-erect the sign would not exceed 50 percent of the value of the structural materials in the sign:

A.

Structural materials are all those materials incorporated into the sign as load-bearing parts, including vertical supports, horizontal stringers, braces, bracing wires, brackets and catwalks. Structural materials do not include the sign face, and skirt, any electrical service, or electrical lighting, except in cases where such items have been incorporated into the sign as load-bearing parts.

B.

The value of the structural materials in the sign immediately prior to destruction shall be based on the cost of all structural materials contained in the sign as it was configured just prior to damage, and the cost of such materials shall be based on or about the date of destruction, without regard to any labor costs or special market conditions.

C.

The materials to be included in the replacement materials costs to re-erect the sign shall be all materials that would be used to return the sign to its configuration immediately prior to destruction, and shall include any material obtained from a source other than the sign itself, that is repaired on site. The repairs to the sign shall be those reasonably necessary to permanently repair the sign in accordance with the normal industry standard. The cost of such materials shall be as described in subsection (7)a.2.B., above.

b.

A nonconforming sign is "abandoned" or "discontinued" when the sign face which remains devoid of a bona fide advertising or when there is no bona fide advertising contract for 180 consecutive days or longer. Signs displaying an "available for lease" or similar message, signs displaying advertising for a product or service no longer available, and partially obliterated signs which do not identify a particular product, service, or facility shall be considered void of advertising matter. A nonconforming sign which is abandoned or discontinued shall lose its nonconforming status.

(8)

Any repair and maintenance or re-erection of a nonconforming sign pursuant to this section, without the required building or sign permit shall constitute prima facie evidence that the damage or adverse conditions exceeded the limits provided herein and result in the loss of nonconforming status.

(Code 1979, § 14-40(J); Ord. No. 98-30, § 2, 5-12-98; Ord. No. 99-57, § 1, 10-26-99; Ord. No. 03-47, § 3, 10-2-03; Ord. No. 2011-34, § 3, 12-13-11)