§ 165.127 NON-CONFORMING SIGNS.
   All signs not in conformance with this section must comply with the provisions of this section.
   (A)   Any sign lawfully existing or under construction from or before the effective date of this subchapter that does not conform to one or more of the provisions of this section may be continued in operation and maintained indefinitely as a non- conforming sign, subject to compliance with this section. A sign shall be deemed to lawfully exist when the consent, license or permit to erect the sign can be proven or verified.
   (B)   As an incentive to encourage the removal of non-conforming signs, the City Council, after review and recommendation by the Planning and Zoning Board of Appeals, is expressly authorized to waive sign permit fees and special use permit application fees and approve special use permit requests for replacement signs. In deciding such requests, the Planning and Zoning Board of Appeals must consider whether the public benefit derived from removal and replacement will be generally proportionate to the fee waiver and/or deviation requested. The Planning and Zoning Board of Appeals is also authorized to approve minor exception requests for replacement signs if the Committee determines that the public benefit derived from removal and replacement will be generally proportionate to the exception requested.
   (C)   Routine maintenance of non-conforming signs is allowed, including changing of copy, necessary non-structural repairs, and incidental alterations that do not expand, extend or enlarge the non-conforming features of the sign. However, no structural alteration, enlargement, or expansion may be made to a non-conforming sign unless the alteration, enlargement, or expansion will result in the elimination of the non-conforming features of the sign.
   (D)   A non-conforming sign and its associated sign structure must be removed or modified to comply with these regulations if the sign or sign structure is demolished or destroyed to an extent exceeding 50% of its replacement cost. A non-conforming sign or sign structure subject to removal under this division (D) must be removed by the owner of the sign or the owner or lessee of the property. If the owner or lessee fails to remove the sign, the Zoning Administrator must give the owner/lessee written notice of the requirements of this division (D) and the sign must be removed within 30 days of such notice.
(Prior Code, § 166.127) (Ord. 2014-040, passed 7-8-2014; Ord. 2021-043, passed 9-14-2021) Penalty, see § 165.999