A.

In the limited circumstance where an existing off-site advertising structure is taken by an authorized government authority, whether such taking is accomplished by agreement between the owner of the advertising structure and the authorized government authority or by judicial action, the owner of the taken off-site advertising structure may, subject to the approval of the landowner, locate a replacement off-site advertising structure:

1.

On land that is zoned MI, HI, MU or CC; or

2.

On land that is zoned MU2 provided that:

a.

The off-site advertising structure that was taken was located on property that was zoned MU2 prior to the taking; or

b.

The off-site advertising structure that was taken was located on property immediately adjacent to property that is currently zoned MU2 prior to the taking.

B.

Subject to the exception outlined in subsection (C) below, in the limited circumstance where a permitted off-site advertising structure is located onto property zoned MU2 as outlined in (A)(2) above, such off-site advertising structure must conform to the following specifications:

1.

Such structures may not exceed 40 feet at their highest point;

2.

Such structures may not have more than two advertising faces. In such instances, no more than one advertising face may project onto traffic in a given direction; and

3.

Each individual advertising face or panel may not exceed 380 square feet in total advertising area.

4.

The owner of an off-site advertising structure located on property zoned MU2 as outlined in (A)(2) above may alter that structure provided that such alteration conforms with the specifications outlined in (B)(1) through (B)(3) above. Such alteration shall not be construed as the placement of a new, previously non-existing off-site advertising structure.

C.

The criteria outlined in subsection (B) above do not apply when the off-site advertising structure is being relocated on land adjacent to an interstate highway structure or right-of-way accommodating an interstate highway structure.

D.

For all off-site sign structures:

1.

The following restrictions shall apply:

a.

Billboard sign structures shall be spaced at least 2,000 feet apart from each other;

b.

There shall be no stacked billboards. For the purposes of this article, stacked billboard shall mean "a single structure with two outdoor advertising signs with one sign placed directly above the other with their faces oriented in the same direction."

c.

For the purpose of construction, the removal of any off-site sign structure shall be at the owner's expense.

2.

The restrictions outlined in subsections (D)1.a. and (D)1.b. above do not apply to any sign structures existing at the time of adoption of this section.

**Comment: This provision recognizes an exception to the use of land zoned as MU2 from that permitted and outlined at Appendix I, Table A: Permitted Uses by District. This exception should not be construed to recognize that the placement of new, previously non-existing off-site advertising structures is a proper use of MU2 property. Rather, this provision should be narrowly construed to address the permitted location of off-site advertising structures on property zoned MU2 as a result of the taking of an existing off-site advertising structure via expropriation or agreement.

**Comment: Furthermore, this provision should in no way limit the allowed use of MU, CC, MI, or HI zoned property to accommodate new, previously non-existing off-site advertising structures.

(DC03-01, 1/9/03; DC09-09, 12/17/09; DC13-13, 11/21/13; Ord. of 12-9-2021)