A permanent sign erected within the city prior to the effective
date of this article, which does not conform to the regulations of
this article, shall be deemed to be a nonconforming sign which shall
be allowed to continue, with normal maintenance and repair only; provided,
however, a nonconforming sign may not be enlarged upon, expanded,
or extended, except as otherwise provided herein. It is not the intent
of this section to encourage the survival of nonconforming signs;
to the contrary, nonconforming signs are discouraged and contrary
to the intent and purpose of this article.
(1)
A
nonconforming sign shall not be enlarged, expanded, extended, replaced,
or rebuilt in case of obsolescence or total destruction by any means
or cause.
(2)
In
the event a nonconforming sign is damaged by any means or cause and
the repair or reconstruction cost, whichever is applicable, equals
or exceeds 50 percent of the fair market value of the sign at the
time of the damage, it must be removed or brought into compliance
with this article.
(3)
In
case any nonconforming sign is enlarged, expanded, extended, replaced,
or rebuilt in violation of any of the terms of this article, the city
manager shall give written notice by personal service or by certified
mail, return receipt requested, to the owner, lessee, or person responsible
for said sign, to remove the sign or bring the sign into compliance
with this article. If such order in not complied with within ten days,
the city manager shall revoke the sign permit.
(4)
All
signs shall be placed by the owner or the party in control of the
property or with the permission of such owner or party in control,
and the owner or party in control shall be responsible for the prompt
removal of any sign in accordance with the provisions of this article.
(6)
Nonconforming
temporary business signs and portable signs shall be removed or made
to conform to the provisions of this article within 30 days after
the effective date of this section.
(7)
Additions
and enlargements to a nonconforming monument sign in a shopping center
or integrated business development are permitted provided such addition
or enlargement:
(Ordinance 09-668, sec. 1, adopted 3/12/09; 2007 Code, sec. 33-76)
The city manager shall inspect periodically, or whenever deemed
necessary, each sign or other advertising structure regulated by this
article for the purpose of ascertaining whether the sign structure
is unsafe, in need of repair, not in conformance with the permit application,
or otherwise in violation of the provisions of this article.
(Ordinance 09-668, sec. 1, adopted 3/12/09; 2007 Code, sec. 33-77)
Any person wishing to appeal a decision of the city manager
on the grounds that the decision misconstrues or wrongly interprets
this article may, within 30 days after such decision, appeal the same
to the city council, pursuant to the rules and regulations adopted
from time to time by the city council; provided, however, the appealing
party shall give notice of the appeal in writing to the city secretary
within said 30 days following the decision appealed from, and provided
further, the appealing party shall comply with the city manager’s
decision pending appeal, unless the city manager shall direct otherwise.
(Ordinance 09-668, sec. 1, adopted 3/12/09; 2007 Code, sec. 33-78)
Any person violating any provision of this article, or failing to comply with any requirement of this article, shall be guilty of a misdemeanor and punishable as provided in section 1.01.009 of this code. Each day during or upon which such person shall violate or continue violation of any provision of this article or noncompliance with any requirement of this article shall constitute a distinct and separate offense.
(Ordinance 09-668, sec. 1, adopted 3/12/09; 2007 Code, sec. 33-79)
