1138.26   NONCONFORMING SIGNS.
   (a)   The continuance of an existing sign which does not meet the regulations and requirements of this chapter shall be deemed a nonconforming sign which shall terminate by abandonment. A sign shall be considered abandoned:
      (1)   When the sign is associated with an abandoned use.
      (2)   When the sign remains after the termination of a business. A business has ceased operations if it is closed to the public for at least ninety consecutive days. Seasonal businesses are exempt from this determination.
      (3)   When the sign, together with all supports, braces, guys and anchors is not kept in repair and in proper state of preservation. The display surfaces of all signs shall be subject to periodic inspection in accordance with the Building Code.
      (4)   Abandonment shall be determined based upon the above definitions by the Building Division and/or any appropriate court of jurisdiction. Upon a finding that the sign is abandoned, the right to maintain and use such sign shall terminate immediately.
(Ord. C24-03.  Passed 4-21-03.)
   (b)   A nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance with the provisions of this chapter. Should any replacement or relocation take place without being brought into compliance, the sign shall be existing illegally.
   (c)   A nonconforming sign shall be maintained or repaired in accordance with the following provisions:
      (1)   The size and structural shape shall not be changed or altered. The copy may be changed provided that the change applies to the original nonconforming use associated with the sign and that the change is made by the owner of the sign at the time the sign became nonconforming; the copy area shall not be enlarged. Any subsequent owner or user shall bring the sign into compliance within thirty days.
      (2)   In case damage occurs to the sign to the extent of fifty percent (50%) or more of either the structure or the replacement value of the sign, the sign shall be brought into compliance. Where damage to the sign is less than fifty percent (50%) of the structure or its replacement value, the sign shall be repaired within thirty days.
(Ord. C85-01.  Passed 12-3-01.)