It is the declared purpose of this article that in time all
privately owned signs shall either conform to the provisions of this
chapter or be removed. By the passage of this chapter and its amendments,
no illegal sign shall be deemed to have been legalized unless such
sign complies with all current standards under the terms of this chapter
and all other ordinances of the city. Any sign which does not conform
to all provisions of this chapter shall be a nonconforming sign under
prior ordinances, or an illegal sign, if it did not exist as conforming
or nonconforming sign, as the case may be. It is further the intent
and declared purpose of this chapter that no offense committed, and
no liability, penalty or forfeiture, either civil or criminal, incurred
prior to the time the ordinance from which this chapter is derived
was adopted shall be discharged or affected by such passage, but prosecution
and suits for such offenses, liabilities, penalties or forfeitures
may be instituted, and causes presently pending may proceed.
[Ord. No. 817-97, § 9(A), 5-13-1997]
Nonconforming signs which have been blown down or otherwise
destroyed or dismantled for any purpose other than maintenance operations
or for changing the letters, symbols or other matter on the sign shall
be removed or brought into compliance with this chapter if the cost
of repairing the sign is more than 60 percent of the cost of erecting
a new sign of the same type at the same location.
[Ord. No. 817-97, § 9(B), 5-13-1997]
A sign lawfully existing or under construction on the effective
date of the ordinance from which this section derives, which does
not conform to one or more of the provisions of this chapter may be
continued in operation and maintained as a legal nonconforming sign.
A nonconforming sign shall be allowed to remain until such time as:
(1) The
sign is abandoned; or
(2) The
property owner or tenant changes or alters the sign in any manner
other than by normal maintenance to the configuration existing at
the time of enactment of this chapter, without a permit to do so;
or
(3) It is
determined by the building official that the sign is illegal or a
threat to health, safety, or welfare of the citizens and/or a nuisance
in accordance with this chapter or other applicable law.
Upon the occurrence of any of the above, the owner of the property
on which the sign is located shall remove the sign upon order of the
building official.
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[Ord. No. 1041-06, § 6, 1-10-2006]