All signs presently erected and maintained in the city as of the effective date of this sign code, or which shall come to be located within the corporate limits of the city by virtue of any annexation after the effective date, shall be subject to the following regulations:
(A) Legal Signs: All signs existing within the corporate limits of the city as of the effective date of this sign code or which shall become subject to the terms of this sign code by reason of annexation and which shall be in compliance with the regulations set forth herein, shall be considered to be legal signs and shall hereafter be owned, operated and maintained in conformance with the regulations contained herein.
(B) Legal Nonconforming Signs: Any sign which existed lawfully on the effective date of this sign code and which remains or becomes nonconforming by reason of adoption of this sign code or because of subsequent amendments thereto, or which shall become nonconforming by reason of the annexation to the city of the lot or parcel on which said sign is located, shall be considered a legal nonconforming sign and the continuance of such use shall be only as hereinafter permitted:
1. A legal nonconforming sign is subject to the following restrictions:
(a) Ordinary repairs and maintenance, including the removing and replacing of the outer panels shall be permitted, provided:
(1) The business name and/or sign copy are not changed, and
(2) No structural alterations or other work shall appreciably extend the normal life of the legal nonconforming sign.
(b) Legal nonconforming signs shall be removed and eliminated when the square footage of the principal structure located on the same property is enlarged or if the exterior facade of said principal structure is altered or renovated.
(c) No repair or alteration which increases the size of the legal nonconforming sign shall be permitted. No substitution, through repair or alteration, of any elements of the sign, which causes such sign to be classified as nonconforming, for another such element, shall be permitted.
(d) No legal nonconforming sign shall be moved in whole or in part to any other location on the same or any other premises unless every portion of such sign is made to conform to all of the regulations of this sign code.
(e) A legal nonconforming sign which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the cost of the replacement of the entire sign shall not be restored unless said sign shall conform to all of the regulations of this sign code. In the event that such damage or destruction is less than fifty percent (50%) of the cost of restoration of the sign to the condition in which it was before the occurrence of damage or destruction, no repairs or reconstruction shall be made unless such restoration is started within thirty (30) days from the date of such damage or destruction, and, provided further, that completion is accomplished within three (3) months from the date of such damage or destruction.
(f) If the restoration is not started within thirty (30) days from the date of such damage or destruction, and diligently prosecuted to completion, the sign shall be removed.
(g) If a legal nonconforming sign is located on property which is sold, and when the full ownership is transferred by deed, the legal nonconforming sign shall be discontinued at the time of the deed transfer. If ownership of a business changes, which does not affect the ownership of the property in which the business is located, the legal nonconforming sign shall be discontinued.
(h) If a legal nonconforming sign is abandoned or discontinued for a continuous period of ninety (90) days, it shall not be renewed, and any subsequent sign shall conform to all of the requirements of this sign code. (Ord. 0-29-08, 7-7-2008)