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When studying the situation, staff found that the city ordinance provides <br /> conflicting information in regards to nonconforming signs and leaves room for <br /> interpretation. <br /> Elk River City Ordinance <br /> The Sign Ordinance, section 900.22, 5, states that: <br /> A. Legal Nonconforming Use - Existing signs which do not conform <br /> to the specific provisions of this Section may be eligible for <br /> the designation "legal nonconforming" provided that: <br /> i . The Building and Zoning Administrator determines that <br /> such signs are properly maintained and do not in any way <br /> endanger the public. <br /> ii . The sign was authorized by a valid permit or variance or <br /> complied with all applicable laws prior to June 18, 1990, the <br /> date of adoption of this Section. <br /> B. Loss of Legal Nonconforming Use Status - A legal nonconforming <br /> sign may lose this designation if the sign is relocated, <br /> replaced, altered, or damaged by more than fifty percent (50%) , <br /> other than for change of copy of normal maintenance <br /> • C. Maintenance and Repair of Nonconforming Use Signs. A legal <br /> nonconforming sign is subject to all requirements of this Section <br /> regarding safety, maintenance, and repair. <br /> D. Relocation or Alteration of Nonconforming Signs. The City <br /> Council may, upon application of a property owner, permit the <br /> alteration or relocation of a legal nonconforming sign if, after <br /> a public hearing by the Planning Commission and City Council, the <br /> Council determines that total compliance with the current sign <br /> regulations is not reasonable but the alteration or relocation of <br /> the nonconforming signs is in greater conformity with the <br /> existing sign regulations and is in the best interest of the <br /> community. <br /> Elsewhere in section 900.34, Nonconforming Uses, of the Elk River City <br /> Ordinance states: <br /> Nonconforming Signs. <br /> A. Signs which are nonconforming uses shall be discontinued <br /> following a reasonable period for amortization of the sign. The <br /> period of amortization for signs shall be not more than: <br /> • Advertising signs -- three (3) years from the date the <br /> • nonconformity began. <br />