19.23.130 Legal nonconforming signs.

(A) Continuation and Abatement. Any sign determined by the city to be a legal, nonconforming sign, which is in existence on the effective date of the ordinance codified in this chapter, may continue in existence so long as:

(1) The requirements of the ordinance under which it was approved continue to be met and that the sign is maintained in a safe, neat and attractive appearance;

(2) Changes to the sign copy and sign faces are permitted when there is no change to the primary use of the site or when only a portion of a multiple-tenant sign is being changed;

(3) A nonconforming sign may not be expanded, moved or relocated.

(B) The city council may at any time elect to require that certain existing legal, nonconforming signs comply with the provisions of this chapter provided the city offers the owner fair and adequate compensation in accordance with California Business and Professions Code Sections 5492 or 5493.

(1) Categorical Abatement. Whenever the city council determines to bring existing legal, nonconforming signs into compliance with this chapter, the city council may determine a class or category of signs to be abated, or may order all nonconforming signs to comply with this chapter, based upon the recommendation of the planning commission.

(2) Fair and Just Compensation—Notice and Hearing. The community development director shall notify all owners of the nonconforming signs for which a determination of nonconformity has been made, and present a determination of the proposed fair and just compensation level. If the owner of the nonconforming sign believes the compensation proposed is not fair and reasonable, the owner may request a hearing before a hearing officer. The city council may designate, by resolution thereof, the hearing officer for purposes of fair and just compensation under this chapter. Any request for a hearing must be filed with the city clerk within fifteen days of the date of the letter from the community development director to the owner. The decision of the hearing officer shall be final and conclusive.

(3) Incentive Programs. The city council may establish a program or programs to create incentives to all owners of nonconforming signs or to owners of any category of nonconforming signs to bring about conformance with this chapter in lieu of the just compensation provision. Participation in such program shall be voluntary.

(1) Abandoned or Ceased Use. Any nonconforming sign whose use has ceased, or the structure upon which the display exists has been abandoned by its owner, for a period of not less than ninety days, shall be removed, altered or replaced so as to conform to the provisions of this chapter within six months from the date of receipt of a written order of abatement from the community development director. Use of the nonconforming sign shall not be reestablished after said ninety-day period. Costs incurred by the city in removing an abandoned sign or other display shall be borne by or charged to the legal owner of the real property upon which said sign is located.

(2) Destruction. Any nonconforming sign that has been more than fifty percent destroyed, and the destruction is other than facial copy replacement, and said structure cannot be repaired within thirty days from the date of its destruction shall be removed, altered or replaced so as to conform to the provisions of this chapter within six months from the date of receipt of a written order of abatement from the community development director.

(3) Remodeling or Construction Projects. In the event a nonconforming sign is located on a site where an owner or tenant remodels, expands, or enlarges the building or land use upon which the nonconforming sign is located, and the cost of the remodeling, expansion, or enlargement exceeds fifty percent of the estimated cost of reconstruction of the building, or where the remodeling, expansion, or enlargement increases the total square footage of the building by fifty percent or more, any nonconforming signs on the site shall be removed, altered or replaced so as to conform to the requirements of this chapter in conjunction with the project.

(4) Relocation of Signs. The relocation of any nonconforming sign shall be required to conform the relocated sign to the provisions of this chapter within six months from the date of receipt of a written order of abatement from the community development director.

(5) Agreement. An agreement between the owner of a nonconforming sign and the city for its removal as of any given date shall require the owner to remove such sign in accordance with the provisions of said agreement.