§ 80.006. Nonconforming signs; amortization of nonconforming signs.

(a)

A nonconforming sign which is in existence on the effective date of this Ordinance and which either is: (1) prohibited; or (2) a type of sign allowed without a permit, but which fails to meet the requirements of this Ordinance for such signs, shall either be removed or brought into compliance with this Ordinance within 12 months of the effective date of this Ordinance.

(b)

A nonconforming sign which is of a type which would be allowed by this Ordinance only by permit, and which was legally in existence on the effective date of this Ordinance, and was constructed in accordance with the applicable laws and ordinances in effect on the date of construction, but which, by reason of its type, size, height, location, design, or construction, is not in compliance with the provisions of this Ordinance, shall be a nonconforming sign and shall either be removed or made to comply with this Ordinance within seven years of the effective date of this Ordinance. Any sign which becomes nonconforming as a result of an amendment to this Ordinance shall either be removed or made to comply with the provisions of this Ordinance within seven years after the effective date of such amendment.

(c)

A nonconforming sign, during the applicable amortization period, shall be subject to compliance with the following requirements:

(1)

Normal maintenance of a nonconforming sign shall be allowed and required, including changing of copy, nonstructural repairs, such as repainting or electrical repairs, and incidental alterations which do not increase the degree or extent of the nonconformity of the sign.

(2)

No structural alteration, enlargement, or extension of a nonconforming sign shall be allowed.

(3)

No relocation of a nonconforming sign upon the premises shall be allowed.

(4)

Nonconforming signs must not constitute a nuisance, or a hazard to the public, vehicular traffic, or pedestrian traffic.

(5)

If damage to a nonconforming sign from any cause occurs which is less than 50 percent of either the original or replacement value, whichever is less, the nonconforming sign may be rebuilt or repaired to its original condition in its original location and may continue to be displayed for the balance of the amortization period.

(6)

If the activity on the premises where the nonconforming sign is located is discontinued for a continuous period of less than 90 days, the nonconforming sign shall be allowed to remain; however, any defunct sign must be removed as otherwise provided in this Ordinance. For purposes of this subsection, business or activities which are seasonal in nature shall not be considered discontinuance.

(7)

Any nonconforming sign shall be brought into compliance with this Ordinance or removed if either of the following occurs:

(A)

If damage to the nonconforming sign from any cause occurs and is greater than 50 percent or more of either the original or replacement value, whichever is less; or

(B)

If the business or other activity on the premises to which the sign usage relates is discontinued for a continuous period of 90 days or more.

(Ord. No. 04-2012, 3-6-2012)