17.60.100 Nonconforming signs.
A. Signs for a legal nonconforming use are permitted. Such signs shall be deemed to comply with the provisions of this chapter if they comply with the sign regulations for the most restrictive zoning district which permits the nonconforming use as a permitted use. Such sign shall be permitted only as long as the nonconforming use is permitted. Any such sign legally existing on the effective date of the ordinance codified in this chapter, but which does not comply with the regulations of this chapter shall be deemed to be a nonconforming sign.
B. For the purposes of this chapter, a nonconforming sign is one which does not conform with the provisions of this chapter, but which:
1. Was lawfully in existence and in use within the city prior to the effective date of the ordinance first enacting this chapter;
2. Was lawfully in existence and in use on property outside of the city on the date upon which the annexation of such property to the city was completed;
3. Was lawfully in existence and in use within the city on the effective date of any zone change or specific plan or comprehensive sign plan for the property on which the sign is located; or
4. Was lawfully in existence and in use within the city on the effective date of any amendment of this chapter, the zoning regulations contained in this title or other provision of this code, making such sign nonconforming.
C. For the purposes of this section only, a nonconforming sign exceeding the height or area restrictions contained in this chapter by no more than five percent shall be deemed to conform with the provisions of this chapter limiting height and area.
D. A nonconforming sign shall not be replaced, altered, reconstructed, relocated or expanded in any manner unless and until the sign is made to conform with the provisions of this chapter. This shall not be construed to prevent ordinary maintenance and minor repairs, as determined by the building director.
E. A nonconforming sign destroyed or damaged to an extent exceeding fifty percent of its replacement cost immediately prior to destruction or damage, shall not be continued in use or maintained thereafter and shall be removed or made to conform with the provisions of this chapter within thirty days of the date of such destruction or damage.
F. Each nonconforming sign, other than an outdoor advertising sign subject to the California Outdoor Advertising Act, shall be removed or made to conform with the provisions of this chapter at the sole cost of the owner thereof, whenever any of the following events occur:
1. There is a change in ownership of the property; inheritance by a member of a deceased owner’s family shall not be deemed to constitute a change of ownership;
2. The business or activity is discontinued or sold;
3. The property is rezoned, subdivided or parceled or the real property upon which the sign is located is severed from the real property upon which the business or primary use of the entire parcel is located, by lease, lease-back, or any other arrangement, method, device or scheme which would otherwise circumvent the intent of this section;
4. A conditional use permit or modification is granted for the property or use of the property;
5. A sign permit is issued permitting installation or construction of a new or additional sign on the property;
6. Any change in the signage is made, excluding minor repairs and precise repainting;
7. Whenever there is a change in ownership or tenancy of any business or tenant space within a business/shopping center, new wall signage and/or a monument sign conforming to the requirements of this chapter to signify such change is permitted although nonconforming signage exists within such center. However, no change of sign copy to signify such change shall be permitted on any nonconforming sign.
8. If an existing off-premise business identification sign was permitted under a special sign permit by the city and has remained in effect and in compliance with the provisions of that permit, the sign may remain and can be upgraded or altered to reflect a change of business or ownership names even though on-premise signs are being changed or added. However, this sign shall be subject to the following before any new permits are issued:
a. The sign shall continue to only identify the business or services offered, and shall include direction to the property for which the sign was originally permitted by the special sign permit.
b. The area of the sign shall not exceed ninety-six square feet. If the sign is larger, it shall be reduced to not exceed this area. If the sign is smaller, it shall not exceed its present size. If a sign is reduced in area, under no circumstances shall it be enlarged even if previous approvals granted a larger size.
c. The sign shall not be moved or reoriented, except under direction of the building director, to improve traffic visibility or safety, to relocate it outside the public right-of-way, or to increase separation from other legal freestanding signs.
G. Each such sign determined by the building director to be of historical significance, in accordance with criteria established by the city’s historical preservation commission, shall be exempt from the removal and conformance requirements of this chapter.
H. Nothing in this chapter shall be construed as authority for the city to remove without just compensation those signs which, under the California Outdoor Advertising Act, are subject m removal with compensation to the owner. (Ord. 3942 § 1, 1999; Ord. 3586 § 2, 1994)