(A) All permanent signs which are in existence at the time of passage of this article, but which do not conform to one or more provisions of this article, shall be deemed to be a legal nonconforming use and may be continued only as provided in this article.
(B) Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment of the sign code and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans, provided construction of the sign is started within 90 days after the passage of the ordinance amendment, and is diligently prosecuted to completion.
(C) Whenever a nonconforming sign has been discontinued for a period of six consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not, after being discontinued or abandoned, be reestablished, and the sign thereafter shall be in conformity with the regulations of this code.
(D) Normal maintenance of a nonconforming sign is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming features of the sign.
(E) No structural alteration, enlargement or extension shall be made in a nonconforming sign, except in the following situations:
(1) When the alteration is required by law; and/or
(2) When the alteration will actually result in eliminating the nonconforming use.
(F) If a nonconforming sign is damaged or destroyed by any means to the extent of 50% or more of its replacement value at that time, the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the code. In the event the damage or destruction is less than 50% of its replacement value, based upon prevailing costs, the sign may then be restored to its original condition and the use may be continued which existed at the time of such partial destruction until the nonconforming sign is otherwise abated by the provisions of this code. In either event, restoration or repair must be started within a period of six months from the date of damage or destruction, and diligently prosecuted to completion.
(G) Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six months from the date of passage of this amendment. New temporary signs shall be allowed only in conformance with the provisions contained in Article 16-8 of this UDO.
(H) The Community Development Director shall, after the adoption of this sign code, notify each owner of a nonconforming sign of the manner in which such sign is not in compliance with this code. He or she shall further notify each owner of a nonconforming sign that such sign must either be brought into compliance with this code or removed prior to its required abatement date.
(I) Conformity of sign setbacks reduced by the exercise of eminent domain. Legal, permitted signs which do not meet the requirements of the minimum setback which conformed to the provisions of this article but were reduced in setback as a result of the exercise of eminent domain or the threat of the exercise of eminent domain by a governmental body and which are still located entirely upon private property and not in the 25 foot sight triangle shall not be found to be nonconforming with the provisions of this article as a result of the loss of such territory.
(Ord. 2021-05-15, passed 5-3-2021)