§ 17.216.210. Nonconforming signs.

A.

A legally nonconforming sign, except outdoor advertising structures, shall be any sign which on the effective date of this title was lawfully existing, having been lawfully erected under any prior zoning or other ordinance pertaining to signs and having been lawfully maintained since that time, but which sign does not conform to the regulations for signs established by this chapter.

B.

A lawful nonconforming sign, except outdoor advertising structures, may continue, provided that the owner and/or user can provide a notarized statement that the sign was constructed in accordance with state and local regulations in effect at the time of construction. Such statement shall contain:

1.

The name and address of the owner of the sign and the owner of the property on which the sign is located;

2.

The location of the sign in relation to existing or proposed buildings;

3.

The size, height, setback and description of the sign;

4.

The date of erection of the sign and the permit number, if applicable.

C.

A nonconforming sign, except outdoor advertising structures, which is fifty (50) percent or more damaged or destroyed or becomes substandard under any applicable city code to the extent that the sign becomes a hazard or danger shall terminate and shall be removed within thirty (30) days from the date of notification for removal from the director of the department of infrastructure and development.

D.

All outdoor advertising structures of whatever value in the central business district are nonconforming as of the date of enactment of this title, May 23, 1983, and by May 23, 1991, shall be removed or conform to the standards set forth in subsection E of this section.

E.

All outdoor advertising structures of whatever number, size and value in the city of Salisbury, other than those in the central business district, are nonconforming as of August 13, 1990. By the later of January 1, 1994, or January 1st of the year following the tenth anniversary of the issuance of the last building permit for the outdoor advertising structure issued by the city prior to August 13, 1990, all outdoor advertising structures shall either be removed or conform to the following standards, which shall also apply to all existing outdoor advertising structures which, after August 13, 1990, are either replaced entirely or are reconstructed or repaired such that the cost of such reconstruction or repair exceeds fifty (50) percent of the replacement cost of the entire outdoor advertising structure at the time of such reconstruction or repair, as follows:

1.

The number of outdoor advertising structures on a lot and the number of faces on any outdoor advertising structure may not be increased from the number which exists on such lot as of the date of final passage of this chapter.

2.

Any outdoor advertising structure shall be set back twenty-five (25) feet from the curbline of all streets.

3.

No outdoor advertising structure shall be located closer than one hundred (100) feet to either a city or county residential zoning district.

4.

An outdoor advertising structure face shall be limited to one message per face and shall not exceed a total of one hundred (100) square feet in surface area, except for faces which, on August 13, 1990, exceeded three hundred sixty (360) square feet, exclusive of trim, which shall not exceed a total of three hundred (300) square feet in surface area.

5.

All faces on any outdoor advertising structure shall be placed back-to-back.

6.

Each outdoor advertising structure face shall be framed with trim work which shall be no smaller than six inches and no larger than one foot. The area of the trim shall not be considered in determining the total square footage of surface area.

7.

No outdoor advertising structure face shall exceed a vertical dimension of fourteen (14) feet nor a total horizontal dimension of twenty-five (25) feet.

8.

No outdoor advertising structure shall exceed twenty-five (25) feet in height.

9.

The base of each outdoor advertising structure at ground level shall be surrounded at each of its base supports by a five-foot landscaped area consisting of flowering trees and evergreen shrubs. Each support pole shall be landscaped. The five-foot landscaped area shall be measured from the outside of said support pole entirely around said pole.

10.

All outdoor advertising structures and faces shall be kept repaired and properly painted and maintained.

11.

Each outdoor advertising structure shall comply with the licensing provisions of Section 17.216.240.

12.

Any outdoor advertising structure existing outside the city limits which is annexed into the city limits after August 13, 1990, shall be considered to have existed on August 13, 1990.

13.

No existing outdoor advertising structure which exists on August 13, 1990, shall be increased in size or height from the size and height that existed on August 13, 1990.

14.

No illegal outdoor advertising structure may continue in existence, and the same shall be removed. This chapter does not make legal any illegal outdoor advertising structure.

15.

Any sign, display or device allowed under this chapter may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale and that complies with all other requirements of this chapter.

16.

Any variances from the operation of the foregoing standards shall be pursuant to the provisions of Chapter 17.16, Article II, except that in addition to the criteria for approval contained in Chapter 17.16, Article II, the board of zoning appeals may also consider the following:

a.

Whether the strict application of the height and setback limitations will prevent the owner of the outdoor advertising structure from continuing the operation of the outdoor advertising structure;

b.

Whether the obligation of the owner of the outdoor advertising structure under any lease or advertising obligation which existed on April 24, 1989, extends beyond the date upon which the outdoor advertising structure is required to conform to the standards contained in this subsection E of this section;

c.

Whether for practical reasons it will be a hardship or unduly burdensome on the owner of the outdoor advertising structure to comply with the landscaping requirements contained in this subsection.

(Ord. 1976 (part), 2005; prior code § 150-263)

( Ord. No. 2459, 10-9-2017 )