§ 501.170. Non-Conforming Signs And Sign Structures., Chapter 501. Sign Code, Building and Construction, Code of Ordinances, Blue Springs

Policy. It is the policy of the City of Blue Springs to encourage, and to the maximum extent practicable, require that all signs within the City be brought into compliance with the terms of this Sign Code.

Valid Permit Required. The status afforded sign and sign structures pursuant to this Section shall not be applicable to any sign or sign structure for which a sign permit was initially required but for which no sign permit was ever issued. Such sign and/or sign structures are deemed illegal and are subject to the provisions of this Sign Code governing illegal signs.

Addition Of Conforming Sign And Sign Structures For A Legal Non-Conforming Use Or Structure. New or additional sign and/or sign structures for an existing non-conforming use or structure, as defined by the Unified Development Code, shall be permitted in accordance with the permitted signage for the use described in this Sign Code after July 17, 2000.

Existing Sign And/Or Sign Structures Rendered Non-Conforming.

Any sign and/or sign structure that is being used lawfully as of the effective date of this Sign Code, but which does not conform to the provisions of this Sign Code, shall be deemed non-conforming. Such sign and/or sign structure may continue only in the manner and to the extent that it existed at the effective date of this Sign Code, except that a billboard may be modified to an electronic billboard if the electronic billboard complies with the applicable terms and requirements of the both the Unified Development Code and the Sign Code.

Any sign and/or sign structure that becomes non-conforming subsequent to the effective date of this Sign Code, either by reason of annexation, amendment to this Sign Code or amendment of other City Codes or regulations, shall be subject to the provisions of this Sign Code.

Any non-conforming sign and/or sign structure that is located on a property which becomes vacant and unoccupied for a period of ninety (90) days, as determined by consideration of criteria such as: (1) vacancy; (2) cessation of some or all utilities; or (3) lapse or termination of occupational license, shall be deemed to have been abandoned and shall be considered an illegal sign and/or sign structure. The entire sign and/or sign structure must be removed by the owner of the sign or the owner of the premises within thirty (30) days of a determination of abandonment, or the City shall proceed to remove such sign and sign structure pursuant to the terms of this Sign Code.

No conforming sign or sign structure shall be permitted to be erected for the same single tenant or owner occupancy with an existing non-conforming sign and/or sign structure until the non-conforming sign and sign structure has been removed or made conforming, except that a business lawfully in existence prior to the effective date of this Sign Code shall be able to maintain a registered non-conforming sign and apply for additional signs in compliance with the maximum permitted sign area for the site, provided the non-conforming sign(s) comply with all other provisions of this Section.

Condemnation.

Legal non-conforming sign and sign structures located on a lot of property that is severed from a larger lot of property and acquired by a public entity for public use by condemnation, purchase, dedication or any other means may, at the discretion of the City, be relocated on the remaining lot without extinguishing the legal non-conforming status of the sign, provided that the non-conforming sign:

Is not increased in size or height;

Remains structurally unchanged except for reasonable repairs or alterations;

Is placed in the same relative position on the remaining property that is occupied prior to the relocation; and

Is relocated in such a manner so as to comply with all applicable safety requirements.

After relocation pursuant to this Section, the legal non-conforming sign shall be subject to all provisions of this Sign Code in its new location.

Alteration Or Removal Of Non-Conforming Sign And/Or Sign Structures.

With the following exceptions, a non-conforming sign and/or sign structure shall not be re-erected, relocated or replaced unless it is brought into compliance with the requirements of this Sign Code:

Change of copy or the substitution of panels or faces on non-conforming sign and/or sign structures shall be permitted.

Repairs and maintenance of non-conforming sign and sign structures shall be permitted, including repainting, electrical repairs and light repair or replacement, provided the repair or maintenance within any twelve (12) month period does not exceed fifty percent (50%) of the replacement cost of such sign and/or sign structure.

Non-conforming signs and/or sign structures may not be enlarged or structurally altered except to bring the sign and/or sign structure into conformity with this Sign Code. Non-conforming signs cannot be modified to accommodate or add a changeable copy sign or board or ERB sign.

No illumination shall be added to a non-conforming sign and/or sign structure.

Any building permit issued by the City that requires a certificate of occupancy and provides for construction that either increases by twenty-five percent (25%) the existing square footage of the building or increases by twenty-five percent (25%) the assessed value of the structure shall specify and require that any non-conforming sign and/or sign structure located within the boundaries of the development site (including sign and/or sign structures for a business, shopping center or a business complex) authorized by the building permit shall be brought into conformance with all of the terms of this Sign Code, provided that if the non-conforming sign and/or sign structure is of a type prohibited by Section 501.100 of this Sign Code, it shall be removed.

Non-conforming billboards shall be removed by December 4, 2009.