§ 47-245. Nonconforming signs.

Signs existing legally at the time of the adoption or amendment of the ordinance from which this article is derived, but which do not conform to newly adopted or amended provisions of this article solely because of a change in this article, and not because of a change to the sign, may remain as legal nonconforming signs, subject to the following provisions:

(1)

There must be existing property rights in the sign;

(2)

The right to continue a nonconforming sign is confined to the sign owner or his transferee;

(3)

A nonconforming sign may be restored to its original condition, provided that not more than 50 percent of the sign is destroyed. The 50 percent is to be determined by 50 percent of the value of the materials of the sign, inclusive of poles and other structural members, immediately prior to damage;

(4)

A nonconforming sign when relocated or moved shall no longer be considered a nonconforming sign and thereafter shall be subject to all the provisions of law and of these rules relating to outdoor advertising;

(5)

The sign must remain substantially the same as it was on the effective date of the adoption of the ordinance from which this article is derived which rendered the sign nonconforming. Extension, enlargement, replacement, rebuilding, adding lights to a non-illuminated sign or re-erection of the sign will be considered a change in the existing use. The maintenance will be limited to:

a.

Replacement of nuts and bolts;

b.

Additional nailing, riveting or welding;

c.

Cleaning and painting;

d.

Manipulating to level or plumb the device, but not to the extent of adding guys or struts for stabilization of the sign structure;

e.

A change of the message, including changing faces, as long as similar materials are used and the sign face is not enlarged;

(6)

At no time may changes be made in a nonconforming sign which would increase the value of the sign;

(7)

A nonconforming sign may continue as long as it is not abandoned, destroyed, discontinued, or purchased by any governmental agency. Any sign suffering damage in excess of normal wear cannot be repaired without:

a.

Notifying the community development director in writing of the extent of the damage, the reason the damage is in excess of normal wear, and providing a description of the repair work to be undertaken, including the value of the sign materials and the cost of the repair; and

b.

Receiving written notice from the community development director authorizing the repair work as described above. If said repair is authorized by the terms of this article, the community development director shall mail such notice to the applicant within 30 days of receipt of the information described in subsection (7)a of this section.

(Min. of 11-10-2016, § 11.9)