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<br />e <br /> <br />e <br /> <br />. - t~ <br />.I ,,: <br /> <br />'," <br /> <br />Mr. Steve North <br />Assistant City Manager <br />City of Roseville <br />Page 2 <br />April 16, 1981 <br /> <br />ordinance applies to those signs but, given the long period of time they <br />have been in existence, I believe it will be extremely difficult enforce the <br />ordinance as to those signs. <br /> <br />3. Signs erected prior to the 1974 recodification, which were legal at the time <br />of erection, but which became nonconforming by reason of the 1974 <br />recodification, would be allowed to continue indefinitely, or until such time <br />as the use is intensified. The 30 month period to remove nonconforming <br />signs, quoted above, does not apply to the 1974 recodification. <br /> <br />4. Signs erected after the 1974 recodification which are in violation of those <br />code provisions, technically could be removed by the City at this time. It <br />is possible, however, depending upon what judge would hear the case, that <br />even though those signs are found to be illegal, because the City had no.t <br />enforced the ordinance for a number of years, that the court would allow <br />those signs to continue. The City's ability to enforce the ordinance as to <br />those signs would be dependent upon the individual facts of each case and <br />the leanings of the judge that hears the case. <br /> <br />Because of the number of different criteria which apply depending on the date of <br />erection and because the City does not have records concerning the erection <br />dates, it is my opinion that it will be very difficult for the City to uniformly <br />enforce its code as it applies to nonconforming signs. Given the limited number <br />of such nonconforming signs, it would be reasonable for the City Council to <br />choose to grandfather all signs existing on a given date in 1981, and thereafter <br />strictly enforce the sign code as to new signs. <br /> <br />. If the Council chooses such an approach, it could either allow the nonconforming <br />signs erected prior to the date in 1981 indefinitely or until they are removed or <br />intensified, or, in the alternative, could allow them but require that they be <br />removed by a certain date. Proposed ordinance language for those alternative <br />approaches follows: <br /> <br />"Any nonconforming use of land involving a sign erected <br />prior to , 1981, may be continued." <br /> <br />or, in the alternative, <br /> <br />"Any nonconforming <br />before <br />period of <br />removed." <br /> <br />use of land involving a sign erected <br />, 1981, may be continued for a <br />months, by which time it must be <br />