16.20.070 Nonconforming billboards.
A. Nonconforming. A nonconforming billboard is a billboard structure or any portion thereof which, because of its type, height, area, location or construction, could not be lawfully reconstructed in its present location. A nonconforming billboard shall have no additions thereto, except for such minor additions as the administrator may find necessary in the interest of safety or the changing of the advertising message thereon, provided that such addition or physical change does not expand the nonconforming nature of the billboard.
B. Notification of Noncompliance. The administrator shall, as soon as practicable, survey the city for billboards and billboard structures which do not conform to the requirements of this chapter. Upon determination that a billboard or a billboard structure does not comply with the requirements of this chapter, the administrator shall use reasonable efforts to so notify, either personally or in writing, the billboard user or owner of the billboard or billboard structure and where practicable the owner of the property on which the billboard or billboard structure is located of the following; provided, that the business licensee of the business with which the billboard or billboard structure is associated shall be presumed to be the billboard user under this chapter:
1. The billboard’s or billboard structure’s noncompliance with the requirements of this chapter;
2. Whether the billboard or billboard structures may be eligible for a nonconforming billboard permit.
If the identity of the billboard user, owner of the billboard, or owner of the property on which the billboard structure is located cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous place on the billboard, billboard structure, or on the business premises with which the billboard is associated.
C. Billboards Eligible for Nonconforming Billboard Permit. With the exceptions herein provided, any billboard or billboard structure located within the city limits on the date of adoption of the ordinance codified in this chapter, or located in areas annexed to the city thereafter, which does not conform with the provisions of this chapter, is eligible for characterization as a nonconforming billboard provided it meets the following requirements:
1. The billboard or billboard structure was covered by a sign permit on the date of adoption of the ordinance codified in this chapter, if one was required under applicable law; or
2. If no sign permit was required under applicable law for the billboard or billboard structure in question, the billboard and billboard structure was in all respects in compliance with applicable law on the date of adoption of the ordinance codified in this chapter.
All billboards or billboard structures which the administrator determines are not eligible for nonconforming permits but are illegal shall be immediately removed by the owner of the billboard or billboard structures, brought into immediate compliance with this chapter, or arrangements satisfactory to the administrator shall be made to remove the billboard or billboard structure or bring it into conformance within ten working days of notification of the illegal status by the administrator.
The owner of the billboard or billboard structure shall immediately apply for a nonconforming permit from the administrator. Said permit shall be in the amount of fifty dollars for each nonconforming billboard which shall be payable prior to the issuance of a new permit in accordance with subsection B of Section 16.20.060. The applicant shall provide the administrator with the name, telephone number and address of the owner of the billboard and billboard structure, the date of installation, the dimensions of the billboard and billboard structure, the setbacks from schools, parks, historical structures, rights-of-way, etc., plus additional relevant information which may be required by the administrator. Failure to apply for a nonconforming permit within ten working days of notification shall result in the billboard and/or billboard structure becoming an illegal billboard.
D. Loss of Nonconforming Status. A nonconforming billboard or billboard structure shall immediately lose its nonconforming designation and become an illegal billboard or billboard structure if:
1. The billboard is altered in any way in structure or copy (except for changeable copy and normal maintenance) which tends to or makes the billboard less in compliance with the requirements of this chapter than it was before the alteration;
2. The billboard or billboard structure is relocated to a position making it less in compliance with the requirements of this chapter; or
3. The billboard or billboard structure is replaced; or
4. Any nonconforming billboard or billboard structure which is discontinued for a period of ninety consecutive days, regardless of any intent to resume or not to abandon such use, shall be presumed to be abandoned and shall not thereafter be reestablished except in full compliance with this chapter. Any period of such discontinuance caused by governmental actions, strikes, material shortages or acts of God, and without any contributing fault by the billboard owner, shall not be considered in calculating the length of discontinuance for purposes of this section. The administrator shall notify the owner of a discontinued billboard and/or billboard structure by registered mail that the ninety consecutive day period has commenced as of the date of sending the letter, and that the owner must comply with this section of the chapter. For the purposes of this chapter, a discontinued billboard is one which does not have an advertising message on its facia, or the majority of the message has deteriorated to the condition that the message is not clearly discernible; or
5. The billboard or billboard structure is damaged or destroyed, by any means, to the extent of one-half of its replacement cost new. Upon the happening of any one of the above paragraphs 1, 2, 3, 4 or 5 of this subsection, any nonconforming billboard permit shall become void and the billboard or billboard structure shall become an illegal billboard or billboard structure. The administrator shall notify the billboard user, billboard owner, billboard structure owner, or owner of the property upon which the billboard or billboard structure is located of the cancellation. Arrangements satisfactory to the administrator shall be made within ten working days of the date of sending certified or registered notice that the billboard and/or billboard structure shall immediately be brought into compliance with this chapter, or shall be removed by the billboard owner, billboard user or the property owner on which the billboard is located. Failure to make satisfactory arrangements within the ten day time period or to bring the billboard(s) or billboard structure(s) into compliance or to remove them pursuant to the arrangement made with the administrator shall constitute a violation of this chapter.
E. Nonconforming Billboard Maintenance and Repair. Nothing in this section shall relieve the owner or user of a nonconforming billboard or billboard structure or owner of the property on which the nonconforming billboard or billboard structure is located from complying with the provisions of this chapter regarding safety, maintenance and repair of billboards and billboard structures; provided, however, that any repainting, cleaning, and other normal maintenance or repair of the billboard or billboard structure shall not modify the billboard or billboard structure or copy in any way which makes it less in compliance with the requirements of this chapter or the billboard or billboard structure will lose its nonconforming status.
F. Any nonconforming billboard or billboard structure which has been so modified, repaired, or relocated in accordance with the requirements of this chapter as to bring it into complete compliance with this chapter shall not be considered a nonconforming billboard. (Ord. 1258-86 § 7, 1986.)