§ 28-56. Governmental action.

(a)

General rule. Notwithstanding subsection 28-31, a legally erected off-premises sign may be relocated on the same premises due to governmental action or eminent domain proceedings on a one-for-one basis.

If the sign owner can demonstrate that the original location is not physically or economically feasible for the sign structure to be relocated, the sign owner may relocate the sign to any other location within the city with the exception of a historic district, scenic corridor overlay district, or an urban corridor district on a one-for-one basis.

(1)

Physically feasible means that the remaining site is configured in such a way that the structure cannot be moved to a location that provides adequate visibility or the structure interferes with the landowner's use of the site.

(2)

Economically feasible means that the structure owner and the landowner are unable to agree to contractual terms for the use of the sign.

(b)

Specific rules. A legally erected off-premise sign located in a historic district or scenic corridor overlay district removed as a result of governmental action or eminent domain proceeding may not be relocated to the same premises or any other historic district or scenic corridor overlay district, but may be relocated to any other premises within the city, including urban corridor districts, on a one-for-one basis.

A legally erected off-premises sign located in an urban corridor district required to be removed by governmental action or eminent domain proceeding may not be relocated to any historic district, scenic corridor overlay district or a different urban corridor district, but may be relocated within the same urban corridor district or in any other premises not specifically prohibited within the city on a one-for-one basis.

(c)

Under subsection (a) and (b), if the off premises sign is nonconforming under the zoning ordinance, it will continue to retain nonconforming status in accordance with the following stipulations:

(1)

A demolition permit shall be obtained by a licensed off-premises sign operator prior to removal of the off-premises sign. An off-premises sign removed pursuant to this section shall neither be credited to the two-for-one requirement for relocation permits provided in section 28-31 nor impact the monthly limitation on square feet for advertisement display area per off-premises sign company under section 28-31.

(2)

An off-premises sign relocated pursuant to this section must comply with all construction, height, setback and other regulations set forth in this chapter unless specifically indicated otherwise in this section.

(3)

An off-premises sign relocated pursuant to this section must be relocated to the same premises as perpendicular to the right-of-way as practicable, such site to be approved by the director or his designated representative prior to removal of the off-premises sign.

(4)

The size of the sign face of an off-premises sign relocated pursuant to this section shall not exceed the size of the sign face of the removed off-premises sign.

(Ord. No. 2017-05-04-0297 , § 1(Att. 1), 5-4-17)