Wheatland Municipal Code Ch. 19.70 Nonconforming Signs

A sign lawfully in existence on the effective date of the ordinance adopting this title may remain in place, provided that the sign shall not be enlarged or moved without full compliance with this title and the sign conforms to the maintenance requirements of this title. Legal pre-existing signs are subject to removal as provided by this chapter and Section 19.25.100. This chapter shall not apply to temporary signs.

(Ord. 405 § 4 (Exh. A), 2007)

Within one hundred twenty days after the effective date of the ordinance adopting this title, the city shall start a program to inventory and identify all signs within the city that are illegal or abandoned pursuant to the state law and city ordinances in effect prior to the effective date of the ordinance adopting this title. Upon completion of the inventory and identification, the city in accordance with Business and Professions Code Section 5491.1 shall consider and determine whether there is a need for the ordinance to continue in effect.

(Ord. 405 § 4 (Exh. A), 2007)

A. The city may order the abatement and removal of a pre-existing nonconforming on-site sign, without payment of compensation, when all of the following requirements are met (see Business and Professions Code Section 5495):

1. The sign is located within an area shown as residential or agricultural on the city's general plan as of the date the sign was lawfully erected;

2. The sign is located within an area zoned for residential or agricultural use on the date the sign was lawfully erected;

3. The sign is not required to be removed because of an overlay zone, combining zone, special sign zone, or any other special zoning district whose primary purpose is the removal or control of advertising signs; and

4. The sign is allowed to remain in existence for a period of fifteen years from the date of adoption of this section. For purposes of this section, every sign has a useful life of fifteen years. Signs required to be removed during the fifteen-year period and before the amortization period has lapsed shall be entitled to fair and just compensation which is equal to one fifteenth of the duplication cost of construction by the number of years of useful life remaining for the sign as determined by this section.

B. The city may order the abatement and removal of a pre-existing nonconforming on-site sign, without payment of compensation, when any of following requirements are met Business and Professions Code Section 5497):

1. The sign was erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use.

2. The sign is abandoned as provided by Section 19.25.100.

3. The sign has been more than fifty percent destroyed, and the destruction is other than facial copy replacement, and the sign cannot be repaired within thirty days of the date of its destruction.

4. The sign whose owner, outside of a change of copy, requests permission to remodel and remodels that sign, or expands or enlarges the building or land use upon which the sign is located, and the sign is affected by the construction, enlargement, or remodeling, or the cost of construction, enlargement, or remodeling of the sign exceeds fifty percent of the cost of reconstruction of the building.

5. There is an agreement between the sign owner and the city for the sign's removal.

6. Any sign that is temporary.

7. Any sign that is or may become a danger to the public or is unsafe.

8. Any sign that constitutes a traffic hazard not created by relocation of streets or highways or by acts of any city.

C. In all cases other than subsections A and B of this section, the city shall not compel the removal or abatement of a pre-existing nonconforming on-site sign without payment of fair and just compensation as provided by Business and Professions Code Sections 5412, 5414, 5491 and 5492 or 5493.

D. Illegal and abandoned on-site signs (as defined by Business and Professions Code Section 5499.1) may be abated and removed in accordance with Business and Professions Code Division 3, Chapter 2.6 (commencing with Section 5499.1). The planning director or building official shall be the enforcement officer for any such proceeding.

(Ord. 405 § 4 (Exh. A), 2007)

A. The city may order the abatement and removal of a pre-existing nonconforming off-site sign, without payment of compensation, if authorized by Business and Professions Code Section 5412.1 or 5412.2.

B. In all cases other than subsection A of this section, the city shall not compel the removal or abatement of a pre-existing nonconforming off-site sign without payment of fair and just compensation as provided by Business and Professions Code Sections 5412 and 5414.

(Ord. 405 § 4 (Exh. A), 2007)