La Verne Municipal Code Ch. 17.24 Nonconforming Signs and Variances

Eventual elimination of existing signs that do not conform to the provisions of this title is as important as the prohibition of new signs that would violate these regulations. Property interests of owners of nonconforming signs must be balanced with the rights of sign owners who do meet the current code and of the general public:

A. No nonconforming sign shall be changed, altered or expanded in any manner;

B. No nonconforming sign shall be structurally altered to extend its useful life beyond its useful life at the effective date of the ordinance codified in this title;

C. No nonconforming sign shall be reestablished or reerected after the business, product or other activity it was advertising has been abandoned for a period of sixty days or more;

D. No nonconforming sign shall be reestablished or reerected after destruction or damage of more than fifty percent of its value as of the date of such damage or destruction. The value of such sign shall be determined pursuant to the formula set out in Section 17.24.020(C);

E. No new sign shall be approved for a site, structure, building or use that contains any nonconforming sign unless such nonconforming sign is removed or modified to comply with the provisions of this title.

(Ord. 855 § 2, 1993)

Unless the city determines that the sign permit for any sign should be revoked or that any sign is a safety hazard pursuant to Sections 17.12.100, 17.12.110 and Section 17.04.060, any sign lawfully existing and maintained as of June 21, 1982, but made nonconforming by the provisions of this title, may be so continued and maintained for a reasonable period of time to amortize the investment therein. The amortization period shall be determined according to the following provisions:

A. Except as provided in subsections B and D of this section, every nonconforming sign shall be removed in accordance with the following amortization schedule:

B. Any nonconforming sign that has been fully depreciated for federal or state income tax purposes shall be removed or modified to comply with the provisions of this title within one year of the effective date of the ordinance codified in this title.

C. The value of any nonconforming sign shall be determined by the following formula:

D. The amortization period shall begin on the date of mailing by the director of notice to the owner of the property on which the sign is located (as determined from the most recent tax assessor's roll), of the fact that the sign is nonconforming and subject to amortization. The notice shall make reference to the right to request a limited exemption under subsection E of this section.

E. Any owner of a nonconforming sign may submit a written application to the director requesting a limited exemption for the amortization period determined according to this section. The application shall include a statement of the cost of the sign, its depreciated value, its remaining useful life, the expected duration or length of operation of the business or activity which such sign is advertising, the length and remaining term of any lease under which such sign is maintained, any other factors demonstrating that the amortization period determined according to the above schedule does not reflect the investment in such sign, and the proposed amortization period that more accurately reflects the investment. Within thirty days of receipt of the application, the director shall notify the applicant in writing of his or her grant or denial of said application for a limited exemption, and the applicable amortization period. In no event shall the director authorize a nonconforming sign to be maintained for a period of time longer than five years after the effective date of the ordinance codified in this title.

F. Any person aggrieved by any decision of the director may appeal such decision in the manner set forth in Section 18.12.050 of this code.

(Ord. 855 § 2, 1993)

Sections 17.24.010 and 17.24.020 shall be applicable in all areas annexed to the city dating from the effective date of the annexation.

(Ord. 855 § 2, 1993)

When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this title occur by reason of the standards set forth herein, such as height, size and location of any sign, a sign variance may be granted under the procedures and findings of Chapter 18.108 of this code. For purposes of this section, the preservation of signs bearing unique architectural or historical importance may be considered for variance provided that they meet the requisite findings specified in Chapter 18.108 of this code.

(Ord. 855 § 2, 1993; Ord. 883 § 9, 1996)