§ 8175-5.13.11. Legal nonconforming signs.

a.

A legal nonconforming sign is a sign that does not conform to the current development standards of this Article but was lawfully in existence and in use prior to and at the time the provisions of this Article with which it does not conform became effective.

b.

Except as provided in subsections 1 and 2 below, no person shall replace, alter, relocate or expand in any way, any legal nonconforming sign, including its supporting structure, unless the resulting sign is fully in conformance with the current development standards and permitting requirements of this Article.

1.

Routine maintenance and repair may be performed in accordance with Section 8175-5.13.4(d) provided that said maintenance and repair is not otherwise prohibited by the following subsection.

2.

Changing only the sign's copy or content shall not be considered an alteration for purposes of this Section. However, any change to the surface of the sign including, but not limited to, a background color change, shall be considered an alteration.

c.

Use of a legal nonconforming sign shall be considered to have been terminated and abandoned, and cannot thereafter be reestablished if, at any point in time:

1.

The use of the sign has ceased, or the sign or its structure have been abandoned, not maintained, or not used to identify or advertise an ongoing business or operation for sixty (60) days or more; or

2.

The sign has been damaged or destroyed and its repair or restoration, including its supporting structure, will cost more than fifty (50) percent of the cost to replace the sign and its supporting structure in entirety.

d.

Except as provided in subsection e. below, all legal nonconforming signs shall be removed or made to comply with the provisions of this Article within five (5) years from the effective date of the development standards of this Article which caused the sign to become legal nonconforming. If evidence is presented that a sign's value has not been fully amortized upon expiration of said five-year period, such sign may remain classified as a legal nonconforming sign until its value has been recovered. The Planning Director shall determine the validity of the claim and establish a new expiration and removal date. Such Planning Director determinations may be appealed in accordance with the provisions of this Chapter.

e.

Subsection d. above shall not apply to legal nonconforming signs for which State laws, such as Business and Professions Code secs. 5412 et seq., and 5490 et seq., prescribe time schedules and procedures for requiring the sign's removal without the need to compensate the sign's owner. Such signs shall be removed or made to comply with the provisions of this Article upon expiration of the shortest prescribed time period for requiring the sign's removal without the need to compensate the sign's owner.

(Ord. No. 4492, § 3, 6-21-2016)