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ORDINANCE NO. NS-1210 <br />PAGE THREE <br /> <br />Sec. 41-619.17. Same - Provisions pertaining to variances. <br /> <br /> In any case where an application is submitted for a variance to <br />maintain an amortized nonconforming sign, the provisions of Article V <br />of this chapter shall apply, except that the provisions of this section <br />shall be controlling to the extent they apply to any such application. <br /> <br /> (1) In any case where the requirements imposed in section 41-619.14 <br />would operate to prevent the sign owner from recovering his investment <br />costs in the sign from the income produced by the sign for the sign <br />owner or for his predecessors in interest in the sign, a variance may <br />be granted permitting the continued use of the sign for a period of time <br />necessary to allow such recovery, subject to the provision of this section. <br /> <br /> (2) Any sign which has been fully depreciated for federal income <br />tax purposes shall be conclusively presumed to have provided the sign <br />owner with recovery of investment costs for purposes of paragraph (1) <br />of this section. Any amortized nonconforming sign shall be presumed to <br />have been fully depreciated for federal income tax purposes in the absence <br />of evidence to the contrary submitted by the applicant at the time of <br />application for a variance. <br /> <br /> (3) Investment costs shall include expenditures for construction, <br />alteration, improvement, repair and maintenance of the sign which were <br />incurred prior to the time the sign became nonconforming to the pro- <br />visions of the Sign Ordinance of the City of Santa Ana and shall not <br />include any such expenditures incurred thereafter. <br /> <br /> (4) Nothing herein shall preclude the applicant from receiving a <br />variance pursuant to the standards set forth in section 41-638 of this <br />chapter in addition to or in lieu of the grounds set forth in subsection <br />(1) of this section. The application for a variance shall set forth <br />the grounds upon which the variance is claimed. In any case where an <br />application is submitted for a variance to maintain an amortized non- <br />conforming sign, the application may be made by the sign owner and need <br />not contain the signature or other authorization of the record owner of <br />the property upon which the sign is located. <br /> <br /> (5) In granting a variance for the continued maintenance of an <br />amortized nonconforming sign, the Planning Commission or, on appeal, <br />the City Council may set a date for the expiration of the variance not <br />to exceed ten (lO) years from the date of the grant, as part of the <br />conditions for the grant, based upon a finding that the period of time <br />for such continued maintenance is necessary and reasonable to allow the <br />sign owner to recover investment costs or to substantially mitigate the <br />hardship which would be imposed by denial of a variance. In the absence <br />of any such express provision, any variance granted for an amortized <br />nonconforming sign shall expire upon a date which is ten (lO) years <br />from the date upon which the variance was granted. In any case where <br />a variance granted to an amortized nonconforming sign has expired or <br />is due to expire within a one (1) year period, the sign owner may apply <br />for a new variance. <br /> <br /> SECTION 3: That Section 41-619.55 of the Santa Ana Municipal Code <br />is hereby amended to read as follows: <br /> <br />Sec. 41-619.55. Location of off-premise advertising signs. <br /> <br />(a) <br /> <br />Off-premise advertising signs and sign structures are not <br />permitted and shall not be constructed or maintained in <br />any use district other than in the C 2, C 3, M 1 and M 2 <br /> <br />-3- <br /> <br /> <br />