A nonconforming sign is a sign that was legally installed under the zoning ordinances in effect at the time of construction but no longer complies with current local sign codes. Often called a grandfathered sign, this legal classification occurs when a city updates its rules, rezones an area, or annexes a property.
How Nonconforming Status Works
Nonconforming status attaches to the physical property and the sign structure, rather than the business owner or tenant. Because codes change over time, any type of signage can become nonconforming. This status must be distinguished from an illegal sign, which violated the local code at the time of its installation and has no grandfathered protections.
Routine maintenance like cleaning, repainting, or replacing lamps usually does not forfeit this protected status. However, physical enlargement, expanding the square footage, or relocating the sign across the site typically voids the protection and requires a new permit that complies with current rules.
Types of Nonconformity
A sign might fail to meet modern codes in several distinct ways.
- Dimensional: The sign exceeds current height or square footage limits.
- Locational: The placement violates modern setback rules, spacing requirements, or right-of-way limits.
- Structural: The physical format is no longer permitted, such as a tall pole sign in an area that now only allows low-profile monument signs.
- Operational: The illumination method or electronic message center refresh rate conflicts with updated lighting restrictions.
What Drives Costs for Nonconforming Signs
While basic upkeep is standard, certain actions trigger significant expenses because they void the grandfathered status and require a completely new sign installation.
- Structural alterations: Rebuilding the cabinet, raising the height, or reinforcing the steel usually requires a full redesign to meet current codes.
- Change of use: Converting a static sign to a digital display almost always forces the entire site into compliance.
- Variances: Filing for administrative variances or contesting an ordinance violation involves engineering fees, code research, and legal representation.
Sign codes change and vary by zoning district and overlay. Confirm with the authority having jurisdiction before submitting a permit.
Frequently Asked Questions
Can a new tenant change the sign face without losing grandfathered status?
This varies by jurisdiction. Some municipalities allow tenant panel swaps by right, treating it as routine maintenance. Others classify any panel change as a new permit event, which immediately voids the nonconforming status. Checking the sign code checker helps identify local rules.
What happens if a nonconforming sign is damaged by a storm or vehicle?
Most cities enforce a damage threshold. If structural damage exceeds a specific percentage of the replacement value, usually between 25 and 75 percent, the owner cannot rebuild it nonconformingly. The replacement must follow the current sign permit process.
How long can a property stay vacant before the sign loses its status?
Local ordinances dictate abandonment timeframes. If a property remains vacant beyond the specified period, which typically ranges from 30 days to 12 months, the city considers the sign legally abandoned and will mandate compliance with modern codes upon reuse.
Can an existing nonconforming static cabinet be converted to an electronic message center?
Modifying a static sign to include an electronic display changes its operational use. This modification almost universally cancels the grandfathered protection. The property owner must then bring the entire sign structure into compliance with current zoning laws.
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