Prior to the sign regulations established by the Sign Code, or by subsequent amendments thereto, there exist signs which were lawful before the Sign Code ordinance was passed or amended, but which would be prohibited or restricted under the terms of this chapter or future amendments thereto.
1. Purpose. The purpose of this section is to provide for the regulation of nonconforming signs and to specify those circumstances and conditions under which such nonconformities shall be permitted to continue.
2. Authority for Continuance of Nonconformities and Regulation Thereof. Any nonconforming sign which existed lawfully at the time of adoption of the Sign Code ordinance and which remains nonconforming by the terms thereof, and any such lawful sign which shall become nonconforming upon the adoption of the Sign Code ordinance, or any subsequent amendment thereto, may be continued subject to the regulations following in this section.
3. Nonconforming Signs. Where at the time of adoption of the Sign Code ordinance, or subsequent amendments thereto, lawful use of a sign exists or may exist which could not be erected under the regulations imposed by this chapter by reason of restrictions on area, height, yards, location on the lot, or other requirements concerning the sign, such sign structure may be continued, provided no such nonconforming sign shall be altered in any way which would increase its degree of nonconformity but may be altered if such alteration does not increase its degree of nonconformity.
4. Repairs and Maintenance. Ordinary repairs and maintenance may be carried out on signs nonconforming as to use or bulk, provided that no alterations shall be made which would add to the size, area, or degree of nonconformity.
5. Restoration of a Nonconforming Sign.
A. Sign Damaged or Destroyed. A 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 65 percent of the fair market value of the sign before damage, based upon insurance value, shall not be restored except in conformity with all of the regulations of the district in which it is located. If a nonconforming sign is damaged less than 65 percent, it may be repaired, restored, or reconstructed and used as before the time of damage, provided that such repair, restoration, or reconstruction is started within 12 months of such damage and diligently prosecuted to completion.
B. Correcting an Unsafe Condition. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition any sign or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
6. Nonconforming Uses with Nonconforming Accessory Signs. A nonconforming sign which is accessory to a principal nonconforming use shall be discontinued if such principal use or structure is discontinued.
7. Discontinuance of a Nonconforming Use. If the nonconforming sign structure is not used for a continuous period of 12 months, it shall not be renewed, and any subsequent use of the sign shall conform to the use regulations of the district in which such sign is located. However, where it can be established that a delay has been caused by governmental and/or court action, which is clearly beyond control of the property owner, the time period to retain nonconforming status may, if approved by the Board of Adjustment, be extended to 24 months.