§ 202-13. Removal of nonconforming off-premises or nonaccessory signs.

A. 

Intent. It is the intent of this chapter to eliminate nonconforming signs.

B. 

Ninety days. Any sign which for a period of 90 days no longer advertises a bona fide business conducted, service performed or product sold at the premises the sign is located shall be removed by the owner of the building, structure or property within 30 days of receipt of notice from the City to do so.

C. 

Removal of building. If the owner of the sign or the premises on which the sign is located removes the building so that any sign on the premises becomes nonconforming, such sign must be removed or made conforming.

D. 

Nuisance. Nonconforming off-premises signs including billboards are deemed to be a nuisance under this chapter because of their failure to meet the provisions of this or the former Ordinance No. 356 which was adopted to protect the health, safety and welfare of the residents, the aesthetic appearance of the City and the value of the property improvements made therein.

E. 

Limitation of nonconformance. Nonconforming off-premises signs, nonaccessory signs including billboards which were in existence at the time of the adoption of Ordinance No. 356 (November 1, 1997) shall be allowed to continue to exist for a period not to exceed 10 years from the date of adoption of Ordinance No. 356. It was determined at the time of adoption of Ordinance No. 356 that the law permitted an owner of a nonconforming sign to be able to secure a reasonable return on its capital investment and satisfy any then-existing lease obligations. Ten years was considered by the Supreme Court to be a reasonable period of time for that to occur, unless otherwise extended by City Council. Any nonconforming or off-premises sign, nonaccessory sign or billboard permitted since the adoption of Ordinance No. 356 shall be permitted to exist no more than 10 years from the adoption of this chapter.