§ 58-16. Nonconforming signs.

(a)

Continuation. All nonconforming signs existing prior to the effective date of this chapter shall be allowed to remain in place, provided that they otherwise comply with: Section 58-6 (general regulations), section 58-15 (sign maintenance and nuisances) and this section.

(b)

Transferability.

1.

Relocation. Nonconforming signs shall not be relocated or transferable transferred to another location within the City of Cibolo municipal limits or ETJ without such nonconforming signs first being brought into full compliance with all requirements of this chapter, including obtaining a properly authorized permit.

2.

Transfer of title. Title and ownership of nonconforming sign, excluding portable changeable copy signs, may be transferred to a new owner upon the transfer of the property upon which the nonconforming sign is located to such new owner; provided the location of the nonconforming sign is not altered. In such cases, the new property owner must submit a permit application (no fee assessed) to indicate the change in ownership.

(c)

Registration. Within 90 days after the effective date of this chapter, the responsible party shall register the nonconforming sign with the building official. There shall be no costs associated with the registration of a nonconforming sign. It shall be the burden on the responsible party to prove, by a preponderance of the evidence that a sign, not timely registered, falls under the protection of this section 58-16.

(d)

Removal. A nonconforming sign shall be removed as a result of any of the following circumstances:

1.

By the acts or omission of the sign owner.

a.

Nonconforming signs shall be terminated immediately upon the occurrence of any of the following events specified below:

i.

Destruction: A sign that, having been permitted to remain in place as a nonconforming use, is required to be removed because the sign, or a substantial part of it, is blown down or otherwise destroyed, deteriorated or dismantled for any purpose, other than maintenance operations or for changing the letters, symbols, or other matter on the sign;

ii.

Abandonment: A nonconforming sign that has been abandoned;

iii.

Discontinuation of use: A nonconforming sign that has been discontinued for a continuous period of 90 days; or

iv.

Public health or safety hazard: A nonconforming sign that has become obsolete or substandard under any applicable ordinance of the city to the extent that the sign becomes a hazard or danger to public health or safety.

b.

Sign owner's responsibility. For purpose of subsection (a), immediately above, a nonconforming sign or substantial part of it is considered to have been destroyed, deteriorated or dismantled (collectively "destroyed") if the cost of repairing the sign is more than 51 percent of the cost of erecting a new sign of the type at the same location. In the event that such destruction, deterioration or dismantling has occurred it shall be the responsibility of the responsible party to supply the City of Cibolo with a quote from a reputable sign company that shows the replacement value and the cost to restore the sign to full compliance upon request by the code enforcement officer within 15 days of said request so that the code enforcement officer may determine if the non-conforming sign has been destroyed more than 51 percent of the cost of erecting a new sign of the type at the same location. In the event the nonconforming sign is determined to be destroyed beyond the aforementioned 51 percent threshold, or abandoned or discontinued or a public hazard by the code enforcement officer, it must be removed by the responsible party without compensation by the city within ten days after the date written notice of such determination is provided to the responsibility party by certified mail return receipt requested or hand deliver. In such circumstances as determined to be warranted by the city manager, after consultation with the city attorney, a nonconforming sign determined to have become a public hazard may be summarily remove with costs to be borne by the responsible party. A replacement sign must fully comply with this chapter and shall require a permit to be obtained from the city at the set fee.

2.

By city action. The city may require the removal, relocation, or reconstruction of any nonconforming sign provided that the owner of the sign is compensated for such costs that are associated with the removal, relocation, or reconstruction as is required by Tex. Local Government Code chapter 216. In cases where the city requires the removal, relocation, or reconstruction of a nonconforming sign the mayor is authorized to appoint a municipal board, with city council approval, in order to determine the amount of compensation as prescribed in Tex. Local Government Code section 216.004.

(d)

[Pre-existing nonconforming signs.] All nonconforming signs existing prior to the effective date of this chapter shall be allowed to remain in place, provided that they otherwise comply with: Section 58-6 (general regulations) and section 58-15 (sign maintenance and nuisances).

(e)

[Exception to subsection (d).] Nonconforming signs existing prior to the effective date of this chapter that are of a type that are limited to a specified time period for use in this chapter must abide by those specified time periods beginning with the effective date of this chapter.

( Ord. No. 1188, § II(Exh. A), 12-13-2016 )