A. Generally: Graphics existing on the effective date of this Chapter, and not conforming to the provisions of this Article, but which were constructed in compliance with previous regulations and ordinances, shall be regarded as lawful nonconforming graphics.
B. Policy Declaration:
1. It is reasonable that a time limit be placed upon the continuance of existing nonconforming signs.
2. An amortization program permits the owner to depreciate his investment over a given time period, during which he is allowed to continue the nonconforming signs, while at the same time assuring that the district in which the nonconforming signs exist will eventually benefit from a substantial uniformity of permanent signs.
C. Restrictions: Lawful nonconforming graphics (signs) shall not be:
1. Changed to another nonconforming sign.
2. Structurally altered so as to prolong the life of the sign.
3. Expanded.
4. Re-established after its discontinuance for thirty (30) days.
5. Moved in whole or in part to another location unless said sign, and the use thereof, is made to conform to all the regulations of this Article.
6. Re-established after damage or destruction in an amount exceeding fifty percent (50%) of the estimated initial value of the sign, as determined by the enforcement official.
D. Immediate Abatement: Any nonconforming sign which is prohibited by or in violation of this Article under any of the following sections or subsections shall either be altered or removed to bring such sign into full compliance with this Article by three (3) months after adoption:
1. Attention-getting devices under subsection 6-12-2A of this Article.
2. Flashing signs under subsection 6-12-2B of this Article.
3. Moving signs under subsection 6-12-2C of this Article.
4. Portable signs under subsection 6-12-2E of this Article.
5. Festoon lighting under subsection 6-12-2F of this Article.
6. Vehicle signs under subsection 6-12-2H of this Article.
7. Signs which constitute a hazard to public health or safety under subsection 6-12-2I of this Article.
8. Signs which obstruct or detract from the effectiveness of any traffic sign under subsection 6-12-2J of this Article.
9. Signs made up of words or symbols which mislead or confuse traffic under subsection 6-12-2K of this Article.
10. Signs on public property under subsection 6-12-2N of this Article.
11. Signs which obstruct architectural features under subsection 6-12-6C of this Article.
12. Signs accessory to automobile service stations under subsection 6-12-4D1 of this Article.
13. Illumination intensity requirements under subsection 6-12-7D of this Article.
E. Abatement Within Five Years:
1. All other nonconforming signs shall be removed or brought into compliance with the requirements of this Article within five (5) years from the date of adoption hereof, with the following exception:
a. Freestanding signs in existence at the time of the adoption of this Article.
2. At the end of the applicable removal period, nonconforming signs shall be removed within thirty (30) days by the owner of the premises or by the person having beneficial use of the land on which the signs are located.
F. Exemptions:
1. Signs which are presently nonconforming by virtue of having an area in excess of the maximum set forth in this article, in an amount not to exceed twenty percent (20%) of the allowable sign surface area, shall be exempt from the removal provisions of this article.
2. Signs which are presently nonconforming by virtue of having a height in excess of their maximum set forth in this article, in an amount not to exceed five feet (5') higher than the allowable height, shall be exempt from the removal provisions of this article.
3. No further variation may be granted for existing signs unless a petition is made under section 6-12-14 of this article. (1985 Code)