8.26.06 Nonconforming Signs

(1) Definition. Any advertising structure or sign which was lawfully erected and maintained prior to this ordinance or any amendments hereto, or if it fails to conform to all applicable regulations and restrictions of this ordinance. (2) Previous Illegally Placed Signs. Previous illegal signs shall not be grandfathered in under this chapter. (3) Regulation, Containment, and Elimination. In order to minimize confusion and unfair competitive disadvantage to those businesses that are required to satisfy the current sign ordinance standards, the Town of Daniel intends to apply firm regulation of existing nonconforming signs with a view to their eventual elimination. This goal shall be achieved by strictly construing limits on change, expansion, alteration, abandonment and restoration. Excluding normal maintenance and repair, a nonconforming sign shall not be moved, altered (including face changes) or enlarged unless it is brought into complete compliance with this chapter. The following alterations are exempt from this provision: (a) Face changes in nonconforming multi-tenant signs, to reflect a change of tenants only; and (b) Copy changes in nonconforming permanent signs, which were originally approved by the Town of Daniel with a changeable copy feature. (4) Abandonment. Within forty-five (45) calendar days after vacation of existing business, any on-site nonconforming signs must be removed or brought into compliance by the property owner. If removal or compliance does not occur, The Town of Daniel may, after giving notice to the owner, have the entire nonconforming sign (both face and structure) removed at the expense of the owner. (5) Variances. Upon application by the sign owner or business, the Board of Adjustment may grant a variance, if appropriate. The variance may allow the retention, alteration, movement, or expansion of a nonconforming sign.