§ 7.09. Nonconforming and Abandoned Signs.

7.09.01. Enlargement Prohibited: Except as herein provided, no nonconforming sign shall be enlarged, changed, altered, or repaired except in conformity with the regulations contained in this Article.

7.09.02 Nonconformance Status: Any sign which does not conform with the regulations contained in the zoning district in which it is located is deemed to be a legal nonconforming sign when:

A.

The sign was in existence and lawfully operating at the time of the passage of this Ordinance, and has since been in regular and continuous use; or

B.

The sign was in existence at the time of annexation to the City of Santa Fe and has since been in regular and continuous use.

7.09.03. Continuing Lawful Use of Sign:

A.

The lawful use of a sign existing at the time of the passage of this Ordinance, although it does not conform to the provisions herein, may be continued until termination is required in accordance with the provisions of this Article. During the period between designation as a nonconforming sign and notification of a prescribed termination date, if discontinuance occurs, any future sign must be in conformity with the general provisions of this Ordinance.

B.

A legal nonconforming sign, when discontinued or abandoned, cannot be resumed. Prima facie evidence of continuance or abandonment is as follows:

1.

When land associated with a legal nonconforming sign ceases to be used in such described by the sign a manner for a period of ninety (90) days.

2.

When a business housed in a structure associated with a nonconforming sign ceases to be used in such a manner described by the sign for a period of ninety (90) days.

C.

Abandonment of a nonconforming sign shall be determined by the Code Enforcement Officer.

7.09.04 Removal of Abandoned Signs: Abandoned signs shall be removed at the discretion of the City Manager and/or his or her designee. If not removed by owners or occupants of the property within ten (10) days of notice, the City Manager and/or his or her designee shall cause the signs to be otherwise removed and the cost of removal shall become a lien against the property until satisfied.

7.09.05. Proof of Legal Nonconformance: It shall be the responsibility of the owner, operator, or occupant to provide proof that a nonconforming sign existed prior to the enactment of this Ordinance.

7.09.06. Restoration of Damaged Sign: Nothing in this Article shall prevent the restoration of a sign destroyed to the extent of not more than fifty (50) percent of its reasonable value by fire, explosion, or other casualty or Act of God, or a public enemy, nor the continued use of such a sign which existed at the time of such destruction. However, the preceding allowance for the restoration of damaged nonconforming sign has no bearing on an approved amortization schedule for the termination of nonconformance as described in this Article.

7.09.07. Survey and Certification: The Code Enforcement Officer is responsible for the production of an annual survey and report on the status of signs in nonconformance in Santa Fe. The Officer's report shall be sent to the Planning and Zoning Commission at its first regular meeting of the official municipal year. The Commission shall review the report and shall approve or reject the certification of each sign that the Officer has identified as being nonconforming. Once certified by the Commission as nonconforming, a sign shall be given an alpha-numeric designation for future reference. Upon receipt of the approved certified report from the Commission, the Officer shall notify each tenant and property owner of such nonconforming sign status.

7.09.08. Amortization of Nonconforming Signs:

A.

Responsibility of the Board of Adjustment: It shall be the responsibility of the Board of Adjustment to provide a program for the orderly and fair termination of all nonconforming signs in Santa Fe. The board shall cooperate with the Code Enforcement Officer in reviewing the status of certified nonconforming signs for amortization scheduling and termination.

B.

Public Hearing Required: Prior to the establishment of an amortization schedule for a nonconforming sign, the Board of Adjustment shall hold a public hearing. Notice of the hearing shall be given in written form to the tenant and owner of the certified nonconforming sign and shall be published in a newspaper of general circulation in Santa Fe. The notice shall state the time and the place of the hearing. The notice shall appear in said newspaper at least fifteen (15) days prior to the date set for the public hearing.

C.

Factors to be Used by the Board of Adjustment in Amortization Scheduling: In determining the amortization schedule for the termination of a certified nonconforming sign, the Board of Adjustment shall consider the following factors:

1.

The length of time required for the user or owner of the sign to amortize his/her capital investment.

2.

The general condition of the sign.

3.

The length of time that the sign has been used.

4.

The land use activities surrounding the sign in question.

E.

Notification and Recordation: The Board of Adjustment shall send a copy of all approved amortization schedules for the termination of nonconforming signs to the owners and lessees of affected sites. The termination date and the reasons for the schedule term shall be clearly described in the notification. The Code Enforcement Officer shall keep a permanent record of all amortization schedules for nonconforming signs for the City.

F.

Violation of an Amortization Schedule: The failure of an owner or a tenant of a certified nonconforming sign to comply with the termination date of a recorded amortization schedule shall constitute a violation of this Ordinance and shall be punishable in accordance with the terms of Article 13, of this Ordinance.

(Ord. No. 11-2011, § 5, 8-25-11)