Any sign legally existing prior to enactment of this subchapter but which shall violate any provision of this subchapter, may continue to be maintained and used after passage of this subchapter subject to the following provisions:
(A) Enlargement. No nonconforming sign shall be enlarged, expanded, or extended to occupy a greater square footage of height than was occupied on the date of adoption or amendment of this subchapter.
(B) Relocation. No nonconforming sign shall be moved in whole or in part to any other portion of the lot, parcel, or building not so occupied on the date of adoption of this subchapter, except that any sign which is hereafter required to be moved by a governmental body for the purpose of construction, relocation, widening, or improvement of a street, highway, or other public purpose, may be relocated once and allowed to be maintained and used as before.
(C) Discontinuance. If the business or service advertised or identified by a nonconforming sign ceases to be conducted for a period exceeding 30 calendar days, the nonconforming sign shall be classified as an “Abandoned Sign” and removed.
(D) Destruction. Should any nonconforming sign be destroyed by any means to an extent of up to 50% of its surface area or structure, it shall not be reconstructed, except in conformance with the requirements of this subchapter.
(E) Violations not made valid. Any sign which is prohibited by this subchapter, and was erected in violation of the requirements of the previous sign ordinance shall not be considered to be granted nonconforming status by the passage of this subchapter.
(F) In any instance, in cases of doubt or a specific question raised, whether a nonconforming sign exists, shall be a question of fact, and shall be determined on appeal to the Board of Zoning Appeals.
(Ord. 40-2006, passed 12-12-2006) Penalty, see § 156.999