§ 39-65. Nonconforming signs.

(a)

Nonconforming permanent signs. Signs or sign structures that were lawfully permitted but that do not comply with the provisions of this article shall be determined to be nonconforming and may remain, subject to the requirements of this section and Article VII, "Nonconforming Uses and Structures." A written notice shall be served upon any sign owner or property owner where a sign is placed, if such sign does not comply with the provisions of this article. The notice shall advise of the status of the sign and the necessary procedure for obtaining a Certificate of Legal Nonconformity. A Certificate of Legal Nonconformity must be applied for within thirty (30) calendar days after the property owner or sign owner receives notice from the Division of nonconforming sign status. Certificates of Legal Nonconformity shall be renewed annually. A nonconforming sign may be refurbished or repaired, provided that no structural alterations are made. A nonconforming sign may be removed temporarily to perform sign maintenance or sign repair; however, permanent signs and sign structures that are otherwise moved, removed, replaced, or structurally altered must be brought into conformance with the current sign regulations. Nonconforming permanent signs required to be moved because of public right-of-way improvements may be reestablished. Removable faces or sign panel inserts in a cabinet style sign may also be changed by right, and such change does not constitute a structural alteration nor cause loss of nonconforming status.

(b)

Illegally erected signs. Signs or sign structures that were never lawfully permitted shall not be determined to be legally nonconforming signs and shall be subject to immediate removal without the benefit of an amortization period. Such nonconforming signs and structures shall be removed immediately upon receipt of notice from the Division.

(c)

Nonconforming temporary signs. Nonconforming temporary signs must be removed within two (2) months after the effective date of this ordinance.

(d)

Ownership. Nonconforming sign status is not affected by changes in ownership.

(e)

Unintentional destruction. When a sign or sign structure that has nonconforming elements is partially or totally damaged by fire or other causes beyond the control of the owner, the sign and sign structure may be reconstructed within sixty (60) days after the event that destroyed the sign or sign structure, consistent with the prior nonconforming size, type, and height allowance; however, the construction of the sign shall adhere to all safety and construction standards set forth in this article.

(Ord. No. 2018-15 , § 2, 4-10-18)