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(Amended by Ordinance No. 176469, effective July 1, 2002.)
A. Nonconforming permanent signs may continue to exist if they comply
with the regulations of this chapter. Nonconforming signs that do not meet the
regulations of this chapter have no legal right to continue and must be
removed.
B. Signs established during a moratorium.
1. Generally. Signs established in violation of a moratorium must be
brought into compliance with the standards of this Title, except as provided
in Paragraph B.2, below.
2. Exception. Painted Wall Signs established during a moratorium,
where permits were applied for before the effective date of the moratorium,
are considered legal, nonconforming signs, and may remain. The effective date
of the moratorium on Painted Wall Signs in the Central City plan district was
December 16, 1997. The effective date of the moratorium on Painted Wall Signs
outside the Central City plan district was August 12, 1998.
C. Sign maintenance, sign repair, and changing of permanent sign faces
is allowed so long as structural alterations are not made and the sign is not
increased in size.
D. Permanent signs and sign structures that are moved, replaced, or
structurally altered must be brought into conformance with the sign regulations.
However, nonconforming signs required to be moved because of public right of way
improvements may be re-established. See paragraph 32.32.030 C.4, Removal of
signs.
E. Nonconforming temporary signs must be removed.
F. Ownership. The status of a nonconforming sign is not affected by
changes in ownership.
G. Change to a conforming sign. A nonconforming sign may be
altered to become or be replaced with a conforming sign by right. Once a sign is
altered to conform or is replaced with a conforming sign, the nonconforming
rights for that sign are lost and a nonconforming sign may not be
re-established. Unless prohibited, proposed changes that are not in conformance
are subject to the adjustment process.
H. Loss of nonconforming sign status.
1. Discontinuance. If a there is no sign in place on a sign structure
or building wall for 6 continuous months, the nonconforming rights are lost
and a nonconforming sign may not be re-established. If the sign structure is
unused for less than 6 continuous months, a nonconforming sign may be
re-established.
2. Destruction. When a sign or sign structure is removed or
intentionally destroyed, replacement signs and sign structures must comply
with the current standards. However:
a. Repair and maintenance. A nonconforming sign or sign structure may
be removed temporarily to perform sign maintenance or sign repair. In order
to preserve the nonconforming sign status, the person removing the sign must
inform the Director, in writing, before the sign is removed. If the
responsible party fails to inform the Director, any re-erected sign will be
considered a new sign.
b. 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
rebuilt to the same size and height using the same materials. An adjustment
is required to allow the replacement sign to be more out of compliance with
the standards than the previous sign.
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