§ 152.114  NON-CONFORMING SIGNS.
   (A)   General standards. No non-conforming sign shall be used, erected, altered, repaired or relocated, except in accordance with the standards of this section.
   (B)   Non-conforming signs protected.
      (1)   Any sign that was lawfully erected prior to 3-2-2009, but that does not conform in one or more respects with the requirements of this chapter may remain in use, subject to the requirements of this section and other applicable requirements of this chapter. No activity that increases the amount of non- conformity shall be permitted.
      (2)   A non-conforming sign may not be moved or replaced, except to bring the sign into complete conformity with this chapter. Once a non- conforming sign is removed from the premises or otherwise taken down or moved, the sign may only be replaced with a sign that is in conformance with this chapter.
   (C)   Routine repairs and maintenance.
      (1)   Repairs and maintenance of non- conforming signs, such as repainting and electrical repairs, shall be permitted; provided, such activities are completed in accordance with the requirements in §§ 152.330 through 152.335 of this chapter; and, provided that, the cost of repairs do not exceed 50% of the replacement value of the sign.
      (2)   Non-conforming signs representing a danger to the public health or safety as determined by the Ordinance Administrator shall be immediately replaced or removed and replacement signage shall comply with all requirements of this chapter.
   (D)   Replacement required. In the event there is a change in use to an existing building (except multi-tenant buildings), and there are one or more on premise non-conforming signs which advertised the former or current business or use, the new occupant shall replace all existing non-conforming signs with new signs or new sign faces that meet all sign requirements for the district.
   (E)   Damage or destruction greater than 50% of tax value. In the event that a non-conforming sign is damaged or destroyed from natural causes to an extent that exceeds 50% of the sign’s tax value, then the sign shall only be restored, repaired or reconstructed in accordance with the standards of §§ 152.330 through 152.335 of this chapter. In no instance shall any remnants of the former non-conforming sign structure remain on the site.
   (F)   Damage or destruction less than 50% of tax value. In the event a non-conforming sign is damaged to an extent less than 50% of the sign’s tax value, the sign may be repaired in accordance with division (C) above.
   (G)   Abandonment.
      (1)   If a non-conforming on premise sign that is affiliated with a business, service, commodity, accommodation, attraction or other enterprise or activity that has for a period of at least 180 days not been operated, conducted or offered, that sign shall be deemed abandoned and shall be removed or brought into compliance by the sign owner, landowner or other person having control over the sign within 30 days.
      (2)   If a non-conforming sign remains blank for a continuous period of 180 days, that sign shall be deemed abandoned and shall, within 30 days after such abandonment, be brought into compliance with this chapter or be removed by the sign owner, owner of the land where the sign is located, or other person having control over the sign. For purposes of this chapter, a sign shall be deemed “blank” if:
         (a)   It is associated with a business, commodity, accommodation, attraction service or other enterprise or activity that is no longer operating or being offered or conducted in that location; or
         (b)   The display becomes illegible in whole or substantial part.
      (3)   Signs associated with a structure that has been demolished or a business that has been moved to another site shall be removed within 60 days following demolition or relocation. In the event an existing use or structure has been demolished or moved to facilitate new construction, all signage associated with the new construction shall comply with the standards in §§ 152.330 through 152.335 of this chapter.
(Ord. passed 3-5-2018)