Subject to the provisions of this chapter, a nonconforming use or structure may be continued and maintained in reasonable repair but shall not be altered or extended, except that:
A. 
The extension of a nonconforming use to a portion of a structure that was provided for the nonconforming use prior to the effective date of this ordinance shall be permitted.
B. 
A structure conforming as to use but nonconforming with respect to height, setback or coverage may be altered or extended if the alteration or extension does not further deviate from the standards of this title.
(Ord. 747 § 1 (part), 1997)
If a nonconforming structure or structure containing a nonconforming use is destroyed by any cause to an extent exceeding eighty percent of fair market value as indicated by the records of the county assessor, a future structure or use on the site shall conform to this title.
(Ord. 747 § 1 (part), 1997)
Nothing contained in this title shall require any change in the plans, construction, alteration, or designated use of a structure for which a permit has been issued and construction work has commenced prior to the adoption of this title, except that if the building is nonconforming or is intended for a nonconforming use, it shall be completed and in use within two years from the time the permit was issued.
(Ord. 747 § 1 (part), 1997)
A. 
Abatement. Notwithstanding the other provisions contained in this chapter, any billboard which is nonconforming shall either be removed or brought into compliance with the provisions of this title within the time period prescribed herein:
1. 
Any legally nonconforming billboard shall be discontinued no later than ten years from the effective date of the ordinance codified this section.
2. 
Any nonconforming billboard in an area subsequently annexed into the city of Pomeroy shall be discontinued or brought into compliance no later than ten years after the effective date of the annexation.
B. 
Notice. The city will provide written notice of the expiration of the amortization period, as set forth in subsection (A) of this section, to the person responsible for said billboard(s) at their last known address and provide notice to the owner of the property on which the billboard is located. The city will utilize the Garfield County assessor’s office to find the latest, updated address for the property owner. Said notice will be provided by mail, postmarked no later than thirty days prior to the cut off date provided for in this section for request for consideration/extension (seven months prior to expiration of the amortization period), unless extenuating circumstances, as determined by the city require otherwise.
C. 
Request for Consideration/Extension. The city has established the ten year time period stated in this section with the understanding that this time period provides a reasonable time period to amortize the reasonable economic life and use of most billboards. However, the city recognizes there may be special, unusual circumstances that may fall outside of those parameters.
1. 
Any person aggrieved by the imposition of the amortization period may request a review of such application of the period. The request for review shall be filed with the city not later than six months prior to the expiration of the amortization period. The city council shall hear the review pursuant to the procedure set forth in PMC 16.06.500.
2. 
The aggrieved applicant has the burden of establishing the unreasonableness of the amortization period and must provide evidence showing the particular period is unreasonable.
3. 
The city council shall consider such things as lease obligations, life expectancy of the nonconforming billboard, depreciation and the actual amount invested in the nonconforming billboard. The city council shall not consider replacement costs or fair market value in determining the value to the applicant.
4. 
The city council shall also consider the benefit to the public that is derived from the termination of the nonconformance, including: the concern for safety of vehicular and pedestrian traffic; whether distracting billboards may serve to break the concentration of those using the roads with the result of loss of life or property; or the location of the billboard so as not to impair the safety of a moving vehicle by obscuring the driver’s vision. In addition, the city council may consider the promotion of public safety, the promotion of aesthetic values and the interest of the general welfare.
5. 
The city council shall consider the preservation and improvement of the city’s physical environment, natural amenities and desirable characteristics of the city, as set forth in the city’s comprehensive plan and land use regulations. The city council may consider any combination of these legitimate public concerns; however, the city council may not rely solely upon the promotion of aesthetic values to the city in supporting the amortization period.
6. 
The city council shall conduct a balancing of interest, considering the interest and hardship to the applicant, and whether the hardship to the applicant reasonably outweighs the benefit the public would derive from the termination of the nonconformance. If, after careful consideration, the city council finds the amortization period as applied to the applicant’s nonconformance would result in a greater hardship to the applicant than benefit to the public, the city council may extend the amortization period to a point in time, where the balancing of interest would support the termination of the nonconformance. In no event shall this amortization period be greater than three additional years from the date of amortization period expiration.
D. 
Loss of Nonconforming Status. A nonconforming billboard shall immediately lose its nonconforming designation if:
1. 
It is destroyed as set forth in PMC 16.22.640; or
2. 
It is abandoned as defined in PMC 16.22.025; or
3. 
It is altered in any way, as defined in PMC 16.22.025; or
4. 
The advertising message it displays becomes illegible in whole or substantial part; or
5. 
The billboard is replaced; or
6. 
Any new billboard is erected or placed in connection with the enterprise using the nonconforming billboard.
E. 
Determination of Nonconformity. As soon as reasonably possible after the effective date of the ordinance codified in this section, the building official shall make every reasonable effort to identify all the nonconforming billboards within the city’s jurisdiction. The building official shall then contact the person responsible for each such billboard (as well as the owner of the property where the nonconforming billboard is located, as determined by the records of the Garfield County assessor’s office) and inform such person(s):
1. 
The billboard is nonconforming;
2. 
How it is nonconforming;
3. 
What must be done to correct it and by what date; and
4. 
The consequences of failure to take the necessary actions or to make the necessary corrections.