(A) It is the intent of this section to permit the continuance of a lawful use of any sign or outdoor advertising structure existing at the effective date of adoption of this chapter, although such sign or outdoor advertising structure may not conform with the provisions of this chapter. It is the intent that nonconforming signs and outdoor advertising structures shall be gradually eliminated and terminated upon their natural deterioration, accidental destruction or occurrence of any of the events described in division (B) of this section.
(B) The continuance of nonconforming signs and outdoor advertising structures within the village shall be subject to the conditions and requirements set forth herein.
(1) Structural changes. The faces, supports, or other parts of any nonconforming sign or outdoor advertising structure shall not be structurally changed, altered, substituted, or enlarged, unless the resultant changed, altered, substituted, or enlarged sign or outdoor advertising structure conforms to the provisions of the section for the district in which it is located.
(2) Repairs, alterations, and improvements. Nothing shall prohibit the repair of a lawful nonconforming sign or outdoor advertising structure, provided such repair does not exceed an aggregate cost of 30% of the appraised replacement cost as determined by the Building Inspector. Nothing in this section shall prohibit the periodic change of message on any outdoor advertising structure.
(3) Restoration after damage.
(a) Any lawful nonconforming sign or outdoor advertising structure damaged by fire, explosion, an act of God, or by other accidental causes, may be restored, rebuilt, or repaired, provided, the damaged area of the sign is 25% or less of the total square footage of the sign face and structure as determined by the Building Inspector.
(b) If the sign or outdoor advertising structure is damaged by more than 25% of the total square footage of the sign face and structure, then the sign or outdoor advertising structure must be removed or altered to conform to the provisions of this section. In the case of a lawful nonconforming pole sign, if the pole is damaged to the extent it has to be repaired or replaced to safely serve its purpose, the pole and its related sign structure shall be removed. If the sign structure mounted to the pole can lawfully be used as a ground sign, then the provisions for the allowance of ground signs found in this chapter shall apply.
(4) Discontinuance or abandonment.
(a) Whenever the usage of a premises to which a sign (whether conforming or nonconforming) is attached or related has been discontinued for a period of 30 consecutive days or evidence shows an intent to abandon the use of the premises to which the sign relates, said sign, though otherwise conforming, shall become nonconforming and shall be removed. At the end of the period of abandonment, the nonconforming sign and structure of the sign shall either be removed or altered to conform to the provisions of this section. This does not include when there is a change in business.
(b) The owner’s intent to abandon or no longer continue the use of the sign shall be established by a preponderance of the evidence before the Planning Commission. Such evidence may include any factor involving the use (or lack thereof) or the condition of the sign or the business it advertises, and may include such considerations as:
1. Whether utilities have been disconnected to the premises to which the sign relates;
2. Whether any fixtures within and outside the premises to which the sign relates have been removed;
3. Whether the premises to which the sign relates have fallen into disrepair or is considered “blighted”;
4. Whether U.S. mail delivery for the business to which the sign relates has been terminated or mail is forwarded to another address;
5. Whether the classification of the property for tax purposes has been changed to reflect another use;
6. Whether any license associated with the use of the premises to which the sign relates has expired; or
7. Whether any other evidence indicating that the business or activity to which the sign relates is no longer operating from the advertised premises.
(5) Addition or modification to an existing site. Any nonconforming sign shall be brought into conformance with the provisions of this chapter whenever an addition or modification to an existing site requires submittal and approval of a special use permit, site plans pursuant to §§ 157.190 through 157.204 or a building permit.
(1984 Code, Ch. 6-03) (Ord. 386, passed 6-17-2007; Ord. 464, passed 5-11-2021)