87.0760 Amortization/Abatement. — Yucaipa Zoning Code

(a) General Requirements

A nonconforming sign, as defined by this Code, shall not be altered in any of the following ways.

(1) Structurally altered to extend its useful life
(2) Expanded

(3) Re-established after damage or destruction of more than 75% of its value, as determined by the Building Official

(4) No new sign shall be approved for a site, structure, building, or use that contains nonconforming signs, unless such nonconforming signs are removed or modified to conform with the provisions of this Code. No building permit shall be issued for any structures, building expansions, or new building construction on a site which contains nonconforming signs, unless all signs on the site are brought into conformance with this Code. This does not include interior alterations which do not substantially change the character or intensity of the site.

(b) Accessory Sign Amortization

Every accessory sign not described in California Business and Professions Code subsection 5490 (b) and which does not comply with the provisions of this Code shall have the same nonconforming use rights as the on-site business use it advertises, and shall be removed at the time the nonconforming use is discontinued, pursuant to Section 84.0810(b)

of this code. If a business or use is conforming, the non-conforming accessory sign shall be removed in accordance with the amortization provisions of Section 87.0760(c).

(c) Removal and Relocation of Nonconforming Primary Signs

Nonconforming primary sign displays located in an area designated on the General Plan and designated as either agricultural or residential and located more than 660 feet from the edge of the right-of-way of a freeway or primary highway, which have copy not visible or intended to be read from such freeway or primary highway, shall be removed from the site without compensation in accordance with the following schedule. This amortization period shall commence upon receipt of written notice of nonconformance.

Fair Market Value on Date of Notice	Maximum Years Allowed
Under $1,999	3.0
$2,000 to $3,999	4.5
$4,000 to $5,999	6.0
$6,000 to $7,999	7.5
$8,000 to $9,999	9.0
$10,000 and over	10.5

The amounts provided in this section shall be adjusted each January 1st and after January 1, 1993, in accordance with the changes in building costs as indicated in the United States Department of Commerce Composite Cost Index for construction costs.

(d) Hardship Cases

Under cases of extreme hardship and unusual circumstances, the Planning Commission shall have the authority to allow the retention of a nonconforming sign if the Commission specifically finds that extreme hardship and unusual circumstances exist.

The proponent of the request shall have the burden of clearly demonstrating that an extreme hardship and unusual circumstance exist and warrant the retention of the sign. The Planning Commission shall conduct a public hearing and shall find the following to be true prior to allowing retention of a nonconforming sign.

(1) The site has a unique character or features that cause visibility problems.
(2) The sign does not create a traffic hazard.
(3) The sign does not create a visual blight to the community.
(4) The sign does not adversely affect adjacent properties.
(5) The sign is properly maintained and structurally sound.
(6) No other signing alternative or design would be feasible or be able to provide reasonable signing in accordance with this Code.

If the Planning Commission finds that an extreme and unusual circumstance exists, but that the design or condition of the sign creates a visual blight, then the Commission can grant a relief from the amortization of the nonconforming sign with the condition that the sign be remodeled to a more aesthetic design.

The Building Official shall determine the fair market value in accordance with the latest material valuation schedules and send notice of the determined value to the owner. Any disagreement over the value shall be resolved under the appeal procedures set forth in this Code. Upon the expiration of the appeal period, the sign shall be an illegal use, subject to immediate removal.

(e) Removal and Relocation of Nonconforming Accessory Signs

(1) Nonconforming accessory signs described in California Business and Professions Code Subsection 5490 (b) located in an agricultural or residential land use district shall be removed from the site without compensation after the expiration of 15 years from the date the sign became nonconforming or from March 12, 1983, whichever is later.

Upon the expiration of the amortization period, the sign shall be an illegal use subject to immediate removal. Nonconforming accessory signs described in California Business and Professions Code Subsection 5490 (b) and meeting one or more of the criteria in California Business and Professions Code Subsection 5497 (a) - (i) shall immediately be removed from the site without compensation.

(2) Any legal nonconforming commercial accessory signs not described in Section 5490 (b) of the Business and Professions Code existing at the time this Title became effective may be continued, although such use does not conform with the provisions thereof, provided, however, that all such nonconforming signs and billboards and their supporting members shall be completely removed by their owners in accordance with the schedule set forth in Section 87.0760(c).

(f) In the event that there is any inconsistency between this chapter and any other provisions of the City Code, then this chapter shall prevail.

(Amended by Ord. 168 § 2, 1997)