§ 64.271. Status of Existing Billboard Signs; Routine Maintenance of Nonconforming Billboard Signs.

All billboard signs legally existing on October 1, 2000, shall be deemed to be nonconforming billboard signs and shall remain substantially the same as they exist on that date. Such nonconforming billboard signs shall not be rebuilt if they are destroyed or damaged, but may be maintained only through routine maintenance.

A.

Routine maintenance, as it relates to any such existing nonconforming billboard sign, means:

(1)

Replacement of nuts and bolts, light bulbs or elements, nailing, riveting or welding, cleaning and painting, or manipulating to level or plumb the non-conforming billboard sign;

(2)

The routine change of the advertising message on the nonconforming billboard sign; and

(3)

The lamination or preparation of existing panels or existing facings at a location other than that of the nonconforming billboard sign.

(4)

Subject to compliance with City Code and the City's issuance of a building permit:

(a)

Adding guys or struts for the stabilization of the legally nonconforming sign;

(b)

Replacement, as that term is strictly construed, of any pole or beam for the stabilization of the legally nonconforming sign; and

(c)

Other such maintenance activity, on the condition that (i) within any five-year period, the total cumulative cost of the maintenance activity under this subsection does not exceed fifty [percent] (50%) of the replacement cost of the legally nonconforming billboard sign, as calculated herein and (ii) the maintenance activity does not constitute a change in the material of the replaced element of the nonconforming billboard sign or an enlargement, expansion, alteration, or other such substantial change to the legally nonconforming billboard sign including, though not exclusively, the relocation, reduction or expanded dimension of poles and beams. Each application for maintenance of a legally nonconforming billboard sign under subsection A(4), shall be accompanied by a signed and sealed engineer's certification of (i) the current actual market cost of labor and materials for new construction in the exact manner of the legally nonconforming billboard sign and structure and (ii) the current actual market cost of labor and materials for the maintenance activity. The certification shall itemize each element of cost and shall be subject to review and approval by the City's planning official, or designee, who may request additional data and information, including a second engineer's certification, as reasonably required. The application shall also include a statement by the owner of the legally nonconforming billboard sign that the market value of the sign is at least the value of the engineer's estimate.

B.

Routine maintenance shall not mean:

(1)

The addition of any new pole or beam to the nonconforming billboard sign; or

(2)

Adding illumination devices to the nonconforming billboard sign.

(Ord. of 9-11-2000, § 18, Doc. #33225; Ord. No. 2011-30, § 1, 8-15-2011, Doc. #1108151102)