§ 152.115 NON-CONFORMING SIGNS.
   (A)   Limitations to continued use of non-conforming signs. Subject to the following schedule, a non-conforming sign may be continued and shall be maintained in good condition, but it shall not be:
      (1)   Changed to another non-conforming sign;
      (2)   Structurally altered as to prolong the life of the sign;
      (3)   Expanded;
      (4)   Reestablished after discontinuance for 90 days; or
      (5)   Reestablished after damage, destruction or deterioration if estimated expense of reconstruction exceeds 50% of the appraised replacement cost.
   (B)   Removal of all non-conforming signs. All signs already in place as of 10-16-2007 that do not conform with the regulations of this chapter shall be brought into conformance with this chapter or shall be removed within seven years of 10-16-2007. Any sign placed after 10-16-2007 that becomes non- conforming as a result of any future amendment or rezoning shall have seven years from the effective date of said amendment or rezoning to bring the sign into conformance with the ordinance or be removed.
   (C)   Publicly-owned signs. All publicly-owned signs that are erected upon any public street, public right-of-way or public property shall be approved by Town Council and they shall not come under the context of this chapter.
   (D)   Impoundment of signs. The town shall have the authority to remove and impound any sign, without further notice, where such signs are not in compliance with this chapter as per § 152.111 of this chapter and the sign is placed in any street, state road or highway right-of-way or other right-of-way, attached to trees, fence posts, telephone and/or utility poles and/or any other than natural features.
      (1)   The town shall impound such signs for a period of ten days. The owner of a sign impounded may recover it prior to the expiration of the ten-day impoundment period. In the event a sign is not claimed within the ten days of its impoundment, the town shall have the authority to dispose of such sign.
      (2)   In the event a violating sign requires special resources for its removal and impoundment, the town, or independent contractor secured by the town, shall remove the sign and the resulting charges shall be assessed and the resulting charges shall be assessed to the owner and/or lessee.
   (E)   Unreadable signs. A deteriorated sign may be removed by the town at the owner’s expense if it is unreadable.
(Ord. passed 3-14-2005; Ord. passed 7-13-2009; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 610)