Division 3.02 — Nonconforming Signs

Sections:

3.02.000: Purpose 3.02.005: Applicability 3.02.010: Damage or Destruction of a Legal Nonconforming Sign 3.02.015: Illegal Signs 3.02.020: Amortization and Abatement of Nonconforming Signs

A. It is the determination of the City Council that that nonconforming signs within the City are detrimental to the welfare of the citizens and their property, and to the orderly and creative development of the City. The City Council further determines that nonconforming signs shall be eliminated as rapidly as possible, without infringing upon the rights of property owners. To this end, it is the intent of this Division to:

1. Prevent the expansion of nonconforming signs to the maximum extent feasible;

2. Establish criteria under which nonconforming signs are allowed to be continued or expanded; and

3. Provide for the correction or removal of nonconforming signs in a reasonable, practical and judicious manner.

B. Furthermore, it is the intent of this Division to provide for the orderly termination of nonconforming signs to promote the public health, safety and welfare, and to bring nonconforming signs into conformity with the principals, goals and policies of the City Council Priorities, Vision, and Policy Plan (General Plan) components of The Ontario Plan.

A. Nonconforming signs may be continued, maintained, repaired, and/or abated only as allowed by the provisions of this Division. It shall be the responsibility of each respective property and/or business owner to provide sufficient evidence or information to justify the continuation, maintenance, reconstruction, restoration, or rebuilding of a nonconforming sign, pursuant to the rights prescribe by this Division.

B. A nonconforming sign may be continued, maintained, reconstructed, restored, or rebuilt, provided the sign is not structurally altered or expanded.

A. A legal nonconforming sign that is damaged or destroyed by fire or other calamity, or the public enemy, or other cause that is beyond the control of the business owner, and which could not otherwise have been prevented by reasonable care and maintenance of the sign, may be reconstructed, restored, or rebuilt up to the original size, design and placement, provided that

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total cost of the reconstruction does not exceed more than 50 percent of the sign’s fair market value prior to the damage or destruction. The reconstruction, restoration, or rebuilding of a damaged or destroyed legal nonconforming sign shall commence within 6 months following the occurrence of the damage or destruction, unless extended by the Zoning Administrator, and shall be diligently pursued to completion.

B. In the event that the cost of reconstructing, restoring, or rebuilding a sign exceeds 50 percent of the fair market value of the sign prior to any damage occurring, the sign may be reconstructed, restored, or rebuilt up to its original size, design and placement, and the use of the sign may be resumed, subject to the following:

1. The Planning Commission, at a duly noticed public hearing, must find that [i] the reconstruction, restoration, or rebuilding of the nonconforming sign will not be detrimental or injurious to the health, safety or general welfare of persons residing or working in the neighborhood, and will not be detrimental or injurious to property and improvements in the neighborhood, and [ii] continuation of the nonconforming sign will not result in an annoyance to and/or reduction of any surrounding property.

2. In considering whether a nonconforming sign results in annoyance to and/or reduction of any surrounding property, the Zoning Administrator shall consider the following:

a. The number of additional nonconforming signs on the property;

b. Whether the nonconforming sign(s) impede visibility toward other conforming signs on the subject property and/or adjacent properties;

c. The extent to which the nonconforming sign(s) contribute to sign clutter within the surrounding area; and

d. The extent to which such nonconforming sign(s) provide the subject property, or use thereon, with its only means of identification.

3. The reconstruction, restoration, or rebuilding of a nonconforming sign shall be completed within 6 months following building permit issuance, unless extended by the Zoning Administrator, and shall be diligently pursued to completion.

4. Nothing in this Division shall be construed to permit the continuation of conditions that will endanger the public health, safety or welfare, or which constitute a public or private nuisance.

A. Nuisance Signs. The following signs shall be considered illegal and deemed to be a nuisance:

1. Unsafe Signs. An unsafe sign is a sign determined by the Zoning Administrator or Building Official to be any of the following:

• a. A sign that poses a danger to the public or could create a potential hazard;

• b. A sign erected without required permits; or

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c. A sign erected in the public right-of-way or on public property without specific written authorization from the City.

2. Abandoned Signs.

a. An abandoned sign is a sign remaining in place for a period of 90 or more consecutive days, which no longer advertises or identifies an ongoing business, product, or service available on the premise where upon the sign is located.

b. When the abandonment of a sign is in question, the determination shall be made by the Zoning Administrator, based upon satisfactory evidence. When there are no business receipts, records or necessary licenses available to provide evidence that the business for which the sign was erected has been in continual operation, the Zoning Administrator may make a determination of sign abandonment based upon [i] consideration of the removal, without replacement, of equipment, furniture, machinery, fixtures, structures, or other components necessary to business operation, and/or [ii] the shut-off or disconnect of utilities (water, electricity, and/or natural gas).

3. Unmaintained Signs. An unmaintained sign is a sign that has not been kept in a proper state of preservation, free of damaged or broken components, and has been kept neatly painted and maintained.

4. Illegally Erected Signs. A sign is illegally erected if:

• a. It violates any provision of this title, except as provided by Paragraph B.2 of

this Section;

• b. It was erected without first obtaining required permits; or

c. It was erected without complying with all ordinances and regulations in effect at its time of construction, erection or use. No sign that has been erected in violation of any previously existing sign regulation(s) shall become a conforming sign by virtue of the adoption of any new regulation(s).

B. Existing Illegal Signs. Any business located on the same property where a sign has been determined by the Zoning Administrator to be illegal, shall not be granted a permit for additional signs until all illegal signs have been removed, except as follows:

1. The sign determined to be illegal is associated with a business that is different from the business seeking a permit for new signage, even though they may be located in the same center or complex; or

2. The sign determined to be illegal is not owned or controlled by the permit applicant, and the permit applicant is not the agent of the person who owns or controls the illegal sign.

C. Identification and Inventory of Illegal Signs. Within one-year following the enactment date of this Section, the City shall commence with the identification and inventory of illegal signs within the City. Upon completion of the identification and inventory of illegal signs, the City may commence abatement of all illegal signs identified in the sign inventory.

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D. Removal of Illegal Signs.

1. Unsafe Signs. The Zoning Administrator, Building Official, or Code Enforcement Director, may cause the removal of any unsafe sign, or any other advertising structure that creates an immediate peril to persons or property, summarily and without notice.

2. Political Signs and Commercial Advertising on Public Facilities and Rights-of-Way. Political signs and commercial advertising are prohibited from being displayed on public facilities and rights-of-way, including but not limited to, any curb, gutter, sidewalk, or utility pole. The Code Enforcement Director may cause the immediate removal of any such sign.

3. Abandoned, Unmaintained, and Illegally Erected Signs. Abandoned, unmaintained, and/or illegally erected signs shall be removed and stored pursuant to the rules and procedures established by the Code Enforcement Director, at which time they may be recovered by the owner upon payment to the City for costs of removal and storage.

A. Amortization of Nonconforming Signs. A sign lawfully placed, erected, or constructed at the time an ordinance codified in this Development Code became effective, and which does not conform to the applicable current sign regulations, is deemed a "legal nonconforming sign." The classifications of legal nonconforming signs identified in Table 3.02-1 (Amortization Period of Certain Classifications of Nonconforming Signs), below, shall be removed or made to meet the current requirements of this Division within the timeframes specified by said Table, except that timeframes for signs nonconforming by reason of annexation to the City shall begin on the date of completion of the annexation.

Table 3.02-1: Amortization Period of Certain Classifications of Nonconforming Signs

B. Inventory of Nonconforming Signs. Following the enactment of this Division, the City shall commence the identification and inventory of nonconforming signs within the City. Upon completion of said nonconforming sign identification and inventory, the City may commence abatement of all identified nonconforming signs.

C. Abatement of Nonconforming Signs. The abatement of nonconforming signs shall be accomplished in the following manner:

1. Painted Signs. Signs painted directly on buildings, walls, and fences shall be painted over in such a manner that the sign will not thereafter become visible. Such painting shall cause the sign area to blend with, and be compatible with, the color scheme of the building, wall, or fence, as applicable.

2. All Other Signs. All other nonconforming signs not otherwise specified in Subsection A (Amortization of Nonconforming Signs), above, shall be removed or altered to cause it to conform to the provisions of this Division. Nothing in this Section shall prohibit the normal upkeep or repair of any sign, or the painting or repainting of the face thereof, during its lawful existence.

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