Ordinance - #25-07 - 05/13/2025 - Laserfiche WebLink

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1 (8) The owner of the parcel upon which the sign is located shall be presumed to be the 2 owner of all signs thereon unless facts to the contrary are brought to the attention of the 3 zoning administrator. 4 (9) In case of emergency, the zoning administrator or building official may cause the immedi- 5 ate removal of a dangerous or defective sign without notice. Signs removed in this man- 6 ner must present a hazard to the public safety as defined in the state building code. 7 Sec. 108-140 – Nonconformities. 8 (1) Regulations. 9 a. Notwithstanding any other provisions of this chapter, a legally established non- 10 conforming permanent sign may continue, including through repair, replacement 11 (including replacement of an individual panel for tenant turnover), restoration, 12 maintenance, or improvement, but not including expansion, only in compliance 13 with the provisions of this section. 14 b. Whenever a lawful nonconforming use of a sign is discontinued for a continuous 15 period of one year, any future use of said sign shall be made to conform with the 16 provisions of this chapter. 17 c. A legally established nonconforming sign must not resume if the sign is de- 18 stroyed by fire or other peril to the extent of greater than 50 percent of its market 19 value, and no sign permit has been applied for within 180 days of when the prop- 20 erty is damaged. In this case, the city may impose reasonable conditions upon a 21 sign permit in order to mitigate any newly created impact on adjacent property. 22 Any subsequent sign shall be a conforming sign. 23 (2) Expansion. 24 a. For purposes of this sign code, expansion means: 25 i. An increase to the sign area that increases the level of nonconformity; 26 ii. An increase to the height of the sign that increases the level of noncon- 27 formity; 28 iii. An increase to the dimensions of the sign cabinet or increase in the depth 29 of the sign; or 30 iv. Removal of the sign and installation of the sign at a new location. 31 b. A legally established nonconforming sign may not be expanded except to bring 32 the sign into compliance with this sign code. 33 (3) Creation of nonconformities by public action. 34 a. Where there exists as of the date of adoption of this section a conforming sign 35 and a subsequent taking by a governmental body occurs under eminent domain 36 or negotiated sale which renders such sign in violation of one or more provisions 37 of this chapter, such sign becomes a legal non-conformity and may be used 38 thereafter only in accordance with the provisions of this section. 39 b. The planning commission may consider government taking as a practical diffi- 40 culty used with a request for a variance to a setback regulation for pre-existing 41 signs. 42 (4) Additional standards for nonconformities within the Mississippi River Corridor Critical 43 Area Overlay District are found in section 106-910. 44 Article II. Applications and procedures. Attachment A – Ordinance #25-07 Page 13 of 30