San José Municipal Code § 23.02.1200 Legal nonconforming signs.
23.02.1200 - Legal nonconforming signs.
A. A legal nonconforming sign is a sign which does not conform to each and every applicable provision of this title but was:
1. Lawfully in existence and in use in the city prior to and at the time the provisions of this title with which it does not conform became effective; or
2. Lawfully in existence and in use on property outside the city at the time of annexation of such property to the city.
B. Except as provided in subsections C., D. and E. below, no person shall replace, alter, relocate or expand in any way, no matter how minor, any legal nonconforming sign, including its supporting structure, unless such action is in accordance with a permit or permit adjustment issued pursuant to this title and the resulting sign is fully in conformance with the provisions of this title.
C. Subsection B. above does not and shall not be construed to prohibit any maintenance of a legal nonconforming sign that is necessary for public safety and/or required by this title.
D. 1.
Although the resulting sign will not be in conformance in all respects with the provisions of this title, a sign permit adjustment may be issued to allow replacement, alteration or relocation on the same parcel of a legal nonconforming sign provided that:
a. The resulting sign is no larger in square footage than the original legal nonconforming sign;
b. The resulting sign has received design approval from the director; and
c. The director has determined that the resulting sign will reduce visual clutter or visual blight.
2. The resulting sign shall be a legal nonconforming sign.
E. 1.
Changing only the message on a legal nonconforming sign shall not be considered an alteration of the sign requiring a permit. However, any design change to the message surface of the sign including, but not limited to, illumination or color changes, shall be considered an alteration of the sign and shall require a sign permit adjustment.
2. The review of a permit application for design changes to a legal nonconforming sign shall be limited to consideration of the proposed design changes.
3. The resulting sign shall be a legal nonconforming sign.
F. A legal nonconforming sign may not be reestablished:
1. Except in the case of any sign that is a historic sign as provided in Section 23.02.1090:
a. If the building or parcel where the sign is displayed has been vacant for six continuous months or more; or
b. If the sign has displayed no message for six continuous months or more; or
2. After damage or destruction where the repair or restoration of the sign and supporting structure will cost more than fifty percent of the cost to replace the sign and supporting structure in its entirety.
G. The owner of any property where a legal nonconforming sign is located which may not be reestablished pursuant to subsection F. above shall remove the sign and its supporting structure, or any remaining portion thereof, from the property.
(Ord. 24201.)