§ 48-129. Nonconforming sign and sign structure.  


Latest version.
  • If a sign and/or sign structure exists that was legal at the time of its erection that would not be allowed under the terms of this chapter, the sign may continue, subject to the following provisions:

    (1)

    When a site has exceeded the allowable sign area for that site, all signs shall be considered nonconforming. In addition, when a site contains any nonconforming signs, all signs on that site shall be considered nonconforming.

    (2)

    A nonconforming sign shall not be moved or replaced except to bring the sign into conformity with this chapter. No additional signage shall be added to a site which has a nonconforming sign.

    (3)

    If a sign and structure become physically unsafe, damaged, destroyed or unlawful due to storm-related damage or damage incurred at no fault of the owner where such damage exceeds 50 percent of the replacement cost, the sign shall be declared destroyed by the building inspector and shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of this chapter. Further, when needed repairs and maintenance exceed 50 percent of the replacement cost, it shall be declared destroyed by the building inspector in accordance with section 2301.5 of the state building code and shall not be replaced or repaired except in conformity with this chapter. Replacement of sign faces or painting of a sign shall not be included in the determination of replacement cost.

    (4)

    If a sign and/or sign structure becomes physically unsafe, damaged, destroyed or unlawful due to lack of repairs and/or maintenance, where the cost of repair exceeds 25 percent of the replacement cost, the sign shall be declared destroyed by the building inspector and shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of this chapter.

(Code 1990, § 22-209; Ord. No. 15-07-022 , Pt. I, 7-1-2015)

Cross reference

Signs and outdoor advertising structures, § 48-281 et seq.