Page 78 - Des Moines - Zoning, Planning and Design Ch 134, 135
P. 78

134-7. NONcONFOrMitieS                                                                            DRAFT

         Nonconforming Signs


         movement or relocation eliminates the nonconformity.   7.6.5   DAMAGe Or DeStrUctiON

         7.5.3   AlterAtiON, eNlArGeMeNt Or                     A.  If a nonconforming sign is damaged or destroyed by
         eXPANSiON                                                 any means, including repair, alteration, replacement
         Nonconforming structures may not be enlarged or           or upgrade, to the extent of 50% or more of its
         altered in a way which increases their nonconformity.     replacement cost at tine of damage or destruction,
         Alterations, including enlargements and expansions,       exclusive of the foundation and supporting elements
         are permitted if the proposed alteration or expansion     below the bottom of the sign, the nonconforming
         complies with all applicable lot and building regulations   sign must be removed.
         and does not increase the extent of the nonconformity.   B.  If a nonconforming sign is damaged or destroyed by
         A building with a nonconforming street setback, for       any means, including repair, alteration, replacement
         example, may be expanded to the rear as long as the       or upgrade, to an extent of less than 50% of
         rear expansion complies with applicable rear setback      its replacement cost at the time of the damage
         regulations and all other applicable lot and building     or destruction, exclusive of the foundation and
         regulations.                                              supporting elements below the bottom of the sign,
                                                                   the nonconforming sign may be remain to the
         7.5.4   DAMAGe Or DeStrUctiON                             extent it existed before the damage, provided that
         If a nonconforming structure is damaged or destroyed      a building permit application to re-establish the sign
         to the extent of 50% or more of its replacement cost      is filed within 6 months of the date of damage or
         at time of damage or destruction, the nonconforming       destruction.
         structure may not be re-established. If the structure
         is damaged or destroyed to the extent of less than     c.  For purposes of this subsection (134-7.6.5), the
         50% of its replacement cost at the time of damage         phrase “damages or destroyed” includes removal of
         or destruction, the nonconforming structure may           the sign face for repair, alteration, replacement or
         be re-established to the extent it existed before         upgrade.
         the damage or destruction, provided that a permit      7.6.6   lOSS OF NONcONFOrMiNG StAtUS
         application to allow the re-establishment is filed within
         6 months of the damage.                                A.  If the use of the property containing a
                                                                   nonconforming pole sign is discontinued for a
         134-7.6  Nonconforming Signs                              period of more than 6 months, or if a new or
         A nonconforming sign is a sign that was lawfully          amended site plan is required by a change in the
                                                                   use or building expansion on the premises, the
         established but that no longer complies with applicable   pole sign loses its nonconforming status. Any pole
         zoning ordinance regulations because of the adoption      sign that loses its nonconforming status must be
         or amendment of regulations after the sign was            removed no later than 6 months after its change of
         established.                                              status.

         7.6.1   USe                                            B.  If a pole sign or other on-premise sign is not used to
         Nonconforming signs may continue subject to the           display a commercial or noncommercial message for
         regulation of this section.                               a period of 6 months or more, the sign is deemed
                                                                   abandoned and must be removed.
         7.6.2   MOVeMeNt
         A nonconforming sign may be moved in whole or          c.  If a nonconforming off-premise outdoor advertising
         in part to another location only if the movement or       sign is not used to display a commercial or
         relocation eliminates the nonconformity.                  noncommercial message for a period of 6 months
                                                                   or more, the nonconforming off-premise outdoor
         7.6.3   AlterAtiON, eNlArGeMeNt Or                        advertising sign is deemed to have been abandoned
         eXPANSiON                                                 and must be removed.
         Nonconforming signs may not be enlarged or altered in   D. When removal of a sign is required, the entire sign
         a way which increases their nonconformity.                structure, including the base and supports, must be

         7.6.4   cONVerSiON tO electrONic DiSPlAY     5            removed to a depth of at least 6 inches below grade.
         Nonconforming signs may not be converted to use an
         electronic or multi-vision display.
         5   New billboards would be prohibited under this draft, as
             would conversion of existing static displays.


         134-7-6                                                                          DRAFT AUGUST 3, 2017
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