§ 129-33. Legal nonconforming signs.

(a)

Notification of nonconformity. After the enactment of this chapter, the city planner shall, as soon as practicable, survey the city for signs which do not conform to the requirements of this chapter. Upon determination that a sign is nonconforming, the city planner shall use reasonable efforts to so notify either personally or in writing the user or owner of the property on which the sign is located of the following:

(1)

The sign's nonconformity; and

(2)

Whether the sign is eligible for characterization either as legal nonconforming or unlawful.

Failing determination of the sign owner, user or owner of the property on which the sign is located, the notice may be affixed in a conspicuous place to the sign or to the business premises with which the sign is associated.

(b)

Signs eligible for characterization as legal nonconforming. Any sign located within the city limits on the date of adoption of this chapter, or located in an area annexed to the city thereafter, which does not conform with the provisions of this chapter, is eligible for characterization as a legal nonconforming sign and is permitted, provided it also meets the following requirements:

(1)

The sign was covered by a sign permit or variance on the date of adoption of the ordinance from which this chapter is derived, if one was required under applicable law; or

(2)

If no sign permit was required under applicable law for the sign in question, the sign was in all respects in compliance with the applicable law on the date of adoption of this chapter.

(c)

Loss of legal nonconforming status.

(1)

A legal nonconforming sign shall immediately lose its legal nonconforming designation if:

a.

The sign is not kept in good repair and in a safe condition.

b.

The sign is demolished by any natural force to the extent of 50 percent of its use.

c.

The structure of the sign is altered (except for normal maintenance).

d.

The sign is relocated, unless the relocation moves the sign further from the public right-of-way.

e.

The sign is replaced.

f.

The permit, variance, or condition under which the sign was allowed expires.

(2)

On the happening of any one of the sign conditions in subsection (c)(1) of this section, the sign shall be immediately brought into conformance with this chapter with a new permit secured therefor, or shall be removed.

(3)

Nothing in this chapter shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this chapter regarding safety, maintenance and repair of signs; provided, however, that any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify in any way the sign structure.

(Code 1985, § 157.10; Ord. No. 3350, 1-15-1990)