(A) Authority to continue legal nonconforming signs. Except as provided in subsection (H) of this section, any permanent sign lawfully in existence on the effective date of this part, or any subsequent amendments to this part, that becomes nonconforming as a result of the adoption or amendment of this part and continues to be nonconforming, shall be considered a legal nonconforming sign and may be continued, subject to the conditions and limitations of this section. The burden of establishing a sign to be a legal nonconforming sign shall rest on the person asserting the legal nonconforming status of such sign.
(B) Ordinary repair and maintenance of legal nonconforming signs. Routine maintenance of a sign, or changing of parts designed to be changed, shall not, standing alone, be considered an alteration of the sign requiring the issuance of a building permit and certificate of appropriateness for a sign or alter its status as a legal nonconforming sign. Incidental repair or replacement of nonloadbearing sign elements, electrical wiring and fixtures may be performed on any legal nonconforming sign without altering its status as a legal nonconforming sign, up to 35% of its replacement cost new. If the repair or alteration of a legal nonconforming sign exceeds 35% of its replacement cost new, the sign shall no longer be deemed to be a legal nonconforming sign and shall be subject to the regulations of this part, including any applicable requirement to obtain a building permit and a certificate of appropriateness.
(C) Repairs eliminating nonconformity. Any repair or replacement of a legal nonconforming sign shall, whenever possible, eliminate or reduce any nonconformity in the element being repaired or replaced.
(D) Alteration, enlargement or moving a legal nonconforming sign. A legal nonconforming sign shall not be changed or altered in any manner that would increase the degree of its nonconformity, be enlarged or expanded, be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming. A change in sign message which does not otherwise violate the provisions of this part shall not be deemed to be prohibited by this § 153.058.
(E) Restoring nonconformity prohibited. A legal nonconforming sign that has been changed to eliminate its nonconformity or any element of its nonconformity shall not thereafter be changed to restore such nonconformity or nonconforming element.
(F) Damage or destruction of a legal nonconforming sign. A legal nonconforming sign, or any nonconforming element of a legal nonconforming sign capable of change or discontinuance separate from other elements of the sign, damaged or destroyed by any means to the extent of more than 35% of its replacement cost new shall not be restored but shall be removed or brought into conformity with the provisions of this code.
(G) Abandonment of a legal nonconforming sign. Any legal nonconforming sign that is an abandoned sign, regardless of any intent to resume the use of the sign or intent not to abandon the use of such sign, shall not thereafter be reestablished or resumed.
(H) Amortization of nonconforming signs. Legal nonconforming signs shall be removed or made to conform within three years from the effective date of this subsection.
(Ord. 1057, passed 2-22-2011)