§ 153.07  NON-CONFORMING SIGNS.
   A sign that does not conform to the regulations prescribed in this Code and that did not exist lawfully as of the 28th day of October, 2016, shall be deemed a non-conforming sign.
   (A)   Modification. A nonconforming sign or sign structure shall be brought into conformity with this chapter if more than 50% of the nonconforming sign is altered, reconstructed or replaced; or if the sign is relocated. A change in copy is not an alteration or replacement for purposes of this chapter.
   (B)   Removal. Removal of a nonconforming sign, or replacement of a nonconforming sign with a conforming sign, is required when a nonconforming sign, or a substantial part of a nonconforming sign, is blown down, destroyed or, for any reason or by any means, taken down, altered, or removed.
      (1)   As used in this subsection, “substantial” means 50% or more of the entire sign structure.
      (2)   As used in this section, the term “substantial” also applies if the cost of reconstruction or replacement of the sign, sign structure or building exceeds 50% of the value of the sign, sign structure, or building prior to the event that necessitated its reconstruction or replacement.
      (3)   Nothing contained in this section is intended to prevent the routine repair and maintenance of a nonconforming sign.
   (C)   Removal of a nonconforming sign, or replacement of a nonconforming sign with a conforming sign, is required when the condition of the nonconforming sign or nonconforming sign structure has deteriorated or has been damaged and the cost of restoration of the sign to its condition immediately prior to such deterioration exceeds 50% of the value of the sign or sign structure prior to its deterioration.
   (D)   Removal of a nonconforming sign, or replacement of a nonconforming sign with a conforming sign, in accordance with this section, must be completed within 60 days of the occurrence in which the nonconforming sign, or a substantial part thereof, was blown down, destroyed, or for any reason or by any means taken down, altered, or removed.
   (E)   Permits for other signs. Before any permit may be issued for a new sign under this chapter, the responsible party shall modify or remove any nonconforming sign displayed on the same property for which the permit is being sought, so that all the signs on the property conform to the provisions of this chapter.
   (F)   Redevelopment permit. Any building addition that increases the gross floor area of a property by 50% or more, or any exterior structural remodeling of a building facade of 50% or more on which a nonconforming sign is located, shall require all nonconforming signs on the property for which the permit is issued to be brought into conformity with the provisions of this chapter.
   (G)   Separation. No sign that is nonconforming solely because it violates a requirement for the spacing of monument signs shall be required to eliminate that nonconformity if compliance with the spacing regulation on the property is not practicable.
   (H)   Maintenance. A non-conforming sign may be maintained.
      (1)   The right to continue all non-conforming signs shall cease, and such sign shall be removed whenever:
         (a)   An approved application for a certificate of occupancy or a change of use for a business occurs per the Building Code and the sign is associated with the previous business.
         (b)   A sign is altered, renovated, remodeled, moved or relocated without a permit per the requirements of this section.
         (c)   A sign is destroyed and the cost to repair exceeds 50% of the replacement cost on the date of the damage.
         (d)   A sign is leaning or has fallen.
         (e)   A zoning change occurs and a non-conforming off-premise sign or a nonconforming on-premise sign is located on the property.
         (f)   A sign is deemed obsolete or unsafe.
(Ord. 2016-22, passed 9-11-2012)