32-98.32 Nonconforming Signs. — Danville Zoning Code

A sign lawfully placed before the effective date of this article which does not conform to this article is a nonconforming sign. Nonconforming signs established before and after adoption of this article shall be subject to the following regulations.

A nonconforming sign which is abandoned, altered, reconstructed in a manner inconsistent with this article or moved must comply with this article or be subject to abatement under subsection 3298.29.

a. Inventory and Identification of Illegal or Abandoned Signs. The Town shall commence an inventory of all existing signs within six (6) months from the date of the adoption of this article.

b. Removal of Signs Without Compensation. If any of the following actions result in nonconformance with this article, the Town may elect to require the removal without compensation of any sign which meets the following criteria after notice and hearing pursuant to Chapter 2.6 of Division 3 of the California Business and Professions Code is given:

Any sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use.
Any sign which was lawfully erected anywhere in the Town, but whose use has ceased, or the structure upon which the display has been abandoned by its owner, for a period of not less than ninety (90) days. Costs incurred in removing the abandoned sign may be charged to the legal owner.
Any sign that has been more than fifty percent (50%) destroyed, and the destruction is other than facial copy replacement, and cannot be repaired within thirty (30) days from the date of its destruction.
If an owner requests permission to remodel a building and remodels a sign (outside of a change in copy).
If an owner obtains a permit to expand or enlarge the building or land use upon which the sign is located, and the sign is affected by the construction, enlargement, or remodeling.
The cost of construction, enlargement, or remodeling of the sign exceeds fifty percent (50%) of the cost of reconstruction of the building.
Any sign whose owner seeks relocation inconsistent with this article and relocates the sign. The Town is not liable for relocation costs if the Town requires the relocation.
Any sign for which there has been an agreement between the sign owner and the Town, for its removal as of any given date.
Any sign which is temporary.
Any sign which is or may become a danger to the public or is unsafe.
Any sign which constitutes a traffic hazard not created by relocation of streets or highways or by acts of the Town, County, or State.
Upon approval of a conditional use permit, development plan or other similar entitlement where the gross square footage of the building is increased greater than fifty percent (50%), all

non-conforming signs shall be modified and/or removed prior to issuance of a building permit for the entitlement.

c. Removal Following Amortization or Payment of Just and Fair Compensation for Nonconforming Signs.

The Town may require the removal of a nonconforming sign without compensation to the sign's owner, upon the expiration of a reasonable amortization period, per the requirements of subsection 32-98.6b. For purposes of this subsection, a reasonable amortization period is hereby deemed to be six (6) months from the date written notice requiring the removal of the

nonconforming sign is given by the Town to the sign's owner, provided that such amortization period may be extended by the Town or up to an additional two (2) years, upon a demonstration of good cause by the owner of the sign.

As an alternative to the amortization procedure set forth above, the Town may elect to require the removal of a nonconforming sign at any time following payment by the Town of the fair market value of the sign. "Fair market value" for purposes of this subsection means, and shall be calculated by adding, the actual cost of removing the sign (including the cost of repair of physical damage to the real property or improvements to which the sign was affixed, directly caused by such removal) and the in-place depreciated value of such sign.

d. General Provisions. A nonconforming sign may not be:

Changed to another nonconforming sign;
Structurally altered so as to extend beyond its useful life;
Expanded; or,
Relocated.

e. Exceptions. Exceptions to the provisions of this subsection may be granted by the Town Council upon application of any sign owner who presents substantial evidence showing that the sign conforms to subsection 32-98.7, Exceptions of this article.

(Ord. #91-30, §2; Ord. #95-06, §3)

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