(A) Any sign located within the city limits on the date of adoption of this subchapter that does not conform to the provisions of this subchapter is eligible for characterization as a legal nonconforming sign and is permitted, provided it also meets the following requirements:
(1) The sign was approved by a sign permit or variance on or before the date of adoption of this subchapter if one was required under applicable law, or, if no sign permit was required under applicable law for the sign in question, the sign was in all respects in conformity with the applicable law immediately prior to the adoption of this subchapter or had legal nonconforming status at such time; and
(2) The sign is a permanent sign.
(B) If land is annexed to the city after the effective date of this subchapter, any sign not conforming to the provisions of this subchapter at such time shall have legal nonconforming status if:
(1) Under applicable federal, state, and county regulations, the sign was legal in all respects immediately prior to annexation;
(2) The sign is a permanent sign; and
(3) The annexation was not conditioned upon the removal or modification of the sign.
(C) Any nonconforming sign that does not fit the definition of a legal nonconforming sign is an unlawful sign.
(D) A legal nonconforming sign shall immediately lose its legal nonconforming status if:
(1) The sign or sign structure, because of improper installation or maintenance, constitutes a threat to public health or safety and remains in such condition after a reasonable time is given to remedy the problem; or
(2) The sign is demolished or damaged to the extent of 50% or more of its value; or
(3) The permit, variance, or condition under which the sign was permitted expires; or
(4) The sign or sign structure is substantially structurally altered so as to prolong its expected life.
(E) On the happening of any one of the above-listed items, the sign shall be immediately brought into conformance with this subchapter or shall be removed. The following shall not result in loss of legal nonconforming status:
(1) Any changes of color, design, or message on the sign's face; and
(2) Any modification to the sign or sign structure which does not constitute a substantial structural modification.
(F) Safety, maintenance and repair.
(1) Nothing in this subchapter shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from any provisions regarding safety, maintenance and repair of signs.
(Ord. 2017-13, passed 12-4-17)