Poway Municipal Code § 17.40.270 Intent

It is the intent of this article to recognize that the eventual elimination of existing signs that are not in conformity with the provisions of this chapter is as important as is the prohibition of new signs that would violate these regulations.

(Ord. 82 § 1 (Exh. A), 1983; Ord. 113 §§ 1 (Exh. A 7.6(A)), 3, 1983; Ord. 427 (Exh. A), 1993; Ord. 739 § 2, 2012)

A. A nonconforming sign may not be:

1. Changed to another nonconforming sign. Changes of copy, including legal nonconforming billboards, shall comply with the requirements of PMC §§ 17.40.020 through 17.40.040;

2. Structurally altered to extend its useful life;

3. Expanded, moved or relocated;

4. Re-established after a business, not within a center, or a business within a center without an approved comprehensive sign program, is discontinued;

5. Re-established after damage or destruction of more than 50 percent of the sign value as determined by the Director of Development Services.

B. A new sign may be approved for a site, structure, building or use that contains nonconforming signs if it meets one or more of the following criteria:

1. It is part of an approved comprehensive sign program; or

2. It lessens the nonconformity.

(Ord. 82 § 1 (Exh. A), 1983; Ord. 113 §§ 1 (Exh. A 7.6(B)), 3, 1983; Ord. 427 (Exh. A), 1993; Ord. 518, 1999; Ord. 739 § 2, 2012)

Every sign or advertising structure which does not comply with the provisions of this chapter shall be amortized in accordance with this article. Time periods for amortization of nonconforming signs shall begin from April 6, 2012. Any sign not complying with the provisions of this chapter at the end of the amortization period shall be deemed a public nuisance and abated in accordance with local ordinances.

A. Signs to Be Brought into Conformance within 90 Days. The following signs, unless otherwise authorized by this chapter, shall be removed or otherwise brought into conformance within 90 days from April 6, 2012:

1. Illegal Signs. Any sign erected without a permit and/or erected in contravention to regulations in existence at the time of its erection or placement, or without a valid sign and/or building permit;

2. Temporary signs or temporary on-site devices attached to signs or used in conjunction with the promotion of any product, service or use, such as flags, banners, bunting, inflatable devices, pennants, streamers, and spinners;

3. Portable signs;

4. Rotating signs; and

5. Flashing signs.

B. Legal Nonconforming Signs, Other Than Freestanding Signs. Any permanent wall sign which was properly erected pursuant to regulations in existence at the time of its erection or placement, and with a valid sign and/or building permit, but which does not meet the requirements of this chapter, shall be allowed to remain in existence, notwithstanding its nonconforming character, for the useful life of the sign, providing that such signs and sign structures remain in full compliance with PMC § 17.40.130(B). Such signs must be brought into conformance if major exterior building modification occurs as determined by the Director of Development Services.

C. Legal Nonconforming Freestanding Signs. Any permanent freestanding sign measuring 65 square feet or less and 25 feet or less in height, which was properly erected pursuant to the regulations in existence at the time of its erection or placement, and with a valid sign permit and/or building permit, shall be allowed to remain for the useful life of the sign, providing that such sign structures remain in full compliance with PMC § 17.40.130(B), 17.40.270 and 17.40.280. Such signs must be brought into conformance if a building permit or permits are subsequently issued on the site for major exterior modifications unless such conformance is waived by the Director of Development Services.

(Ord. 82 § 1 (Exh. A), 1983; Ord. 113 §§ 1 (Exh. A 7.6(C)), 3, 1983; Ord. 427 (Exh. A), 1993; Ord. 482 § 2(J), 1997; Ord. 518, 1999; Ord. 739 § 2, 2012)

Signs which have historical significance to the community, but do not conform to the provisions of this chapter, may be issued a permit to remain; provided, that the City Council makes the following findings:

A. The sign has historical significance for the community;

B. The sign does not create nor cause a traffic hazard;

C. The sign does not create a visual nuisance to the character of the community;

D. The sign is properly maintained and structurally sound;

E. The sign does not adversely affect adjacent properties.

(Ord. 82 § 1 (Exh. A), 1983; Ord. 113 §§ 1 (Exh. A 7.6(D)), 3, 1983; Ord. 427 (Exh. A), 1993; Ord. 739 § 2, 2012)

Each provision of this chapter is separate and distinct from all others. In the event that any provision is determined by a court of competent jurisdiction to be unlawful or unconstitutional, it shall be severed from all other provisions hereof, and the remainder shall continue to be of full force and effect. The City Council specifically declares that it would have passed and adopted the sections of this chapter regulating the size of signs and prohibiting billboards whether or not it adopted any other provisions hereof; that those sections are separate, distinct, and severable from all other sections hereof; and that the invalidity of any other provisions hereof shall not affect the validity of those sections.

(Ord. 525 § 8, 2000; Ord. 739 § 2, 2012)