§ 7-4.1. Relocation of billboards required by right-of-way acquisition by governmental agency.

(a)

In the event right-of-way acquisition by a governmental agency, as defined in subsection 52-47(a), requires the removal of a lawful billboard, said billboard may be relocated subject to the following:

(1)

The relocated or rebuilt billboard shall not be located any nearer to the new right-of-way line than to the previous right-of-way line.

(2)

The relocated or rebuilt billboard shall not be constructed larger or taller than the previous billboard.

(3)

The relocated or rebuilt billboard shall be maintained in accordance with this chapter but should the billboard thereafter become damaged or deteriorated such that the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location, then the billboard must conform with all of the provisions of this chapter.

(4)

The relocated or rebuilt billboard shall be located as near as practical to the previous billboard location as determined by the inspections director.

(5)

Nothing provided in this provision shall be construed to permit any obstruction which may create a traffic safety hazard or any other safety hazard.

(6)

The relocated or rebuilt billboard shall only be erected after the issuance of a permit issued under this chapter.

(b)

It shall be an affirmative defense to prosecution of an alleged violation under this chapter if it can be shown that:

(1)

The alleged violation arose solely as a direct result of right-of-way acquisition by a governmental agency; and

(2)

The property has a currently valid exemption under this section.

(Ord. No. 2009-9034, § 1, 1-8-09)