(a) A nonconforming
sign is one which was lawfully erected but which does not comply with the
provisions of state law or regulation passed at a later date or which later
fails to comply with state law or regulations due to changed conditions. An
example of changed conditions would be a sign lawfully erected on a
nonfederal-aid county highway that later becomes a federal-aid or state
highway. Signs that are illegal when first erected or otherwise brought into
existence are not nonconforming signs.
(b) Requirements for maintenance of a
nonconforming sign are as follows:
(1) The
sign shall have been in actual existence (as distinguished from contemplated to
be used such as a simple lease or agreement with the property owner) and
legally so, at the time when the prohibition took effect.
(2) The property interest in the sign in
question shall be substantial. Thus, paper signs nailed to trees, abandoned
signs, and the like are not protected.
(3) The right to maintain a nonconforming
sign is not confined to the sign owner or any one individual or corporation so
using the land. Thus a nonconforming sign may be sold, leased, or otherwise
transferred without affecting its status. However, the location of the
nonconforming sign may not be changed. A nonconforming sign removed as a result
of right-of-way taking or for any other reason shall be relocated in a
conforming area as a nonconforming use cannot be re-established at a new
location. Otherwise, just compensation for the rights and interests of the sign
and site owner shall be made for the removal of the signs.
(4) The sign shall have been lawful and shall
continue to be lawfully maintained on the effective date of the state
law.
(5) The sign shall be
maintained in a safe condition and shall not in any respect be dangerous to the
public or to property.
(6) A
nonconforming sign may be maintained up to five years as long as it is not
changed after it becomes nonconforming. The sign shall remain substantially the
same as it was on the date it became nonconforming. Reasonable maintenance of
the sign is not a change. This would include a change of advertising message
and normal upkeep and repair of a sign structure.
(7) A nonconforming sign may be maintained up
to five years as long as it is not abandoned, destroyed or discontinued.
Exception may be made for signs destroyed due to vandalism or other criminal or
tortious acts. Such signs may be re-erected in kind.
(c) Nonconforming signs that do not meet the
above requirements or are changed, relocated, discontinued, abandoned or
destroyed, except as provided for under section 19-103-6(b)(7) above, shall
cease to be classified as nonconforming signs and shall-be removed as provided
for under section 19-103-8.
