(a) Any legal nonconforming sign, as defined in Section 1109.03(a)(8), may be permitted to remain as long as the sign is properly maintained, there is no increase in the nonconformity, and the sign is not detrimental to the health, safety, and welfare of the community except as hereafter provided. Temporary signs will not be considered legal, nonconforming signs.
(b) All pre-existing illegal nonconforming signs must be removed in accordance with this sub-section. The Zoning Inspector must issue an order for the sign to be removed within thirty (30) days. The cost of removal may be certified to the County Auditor for collection as a special assessment against the property upon which such sign is located.
(c) Any nonconforming sign displayed on the premises must be removed or brought into conformance with the provisions of this Chapter before a permit for a new sign may be issued.
(d) A legal nonconforming sign immediately loses its legal nonconforming designation and must be immediately brought into compliance with this Chapter including obtaining the required permits and approvals as set forth herein if any of the following occurs:
(1) The nonconforming sign is structurally altered, enlarged, relocated, or replaced.
(2) The nonconforming sign is determined by the Zoning Inspector or the Chief Building Official to be in a dangerous or defective condition; to fail to conform to health and fire codes; a public nuisance; or abandoned, deteriorated; or in need of repair or replacement.
(3) A documented nonconforming sign face or support structure that is destroyed or damaged may be replaced with a similar sign and/or structure not to exceed the dimensions of the original sign.
(4) Upon the discontinuance of the present use of property for which the sign was intended for a period of more than ninety (90) days.
(e) A nonconforming sign must not be relocated or structurally altered so as to prolong the life of the sign or so as to change the shape, size, type, placement or design of the sign.
(f) A nonconforming sign must not be moved in whole or in part to any other location unless such sign is made to conform to this Chapter. If an owner is forced to move a nonconforming sign by City of Kent, state, or federal officials for any reason other than enforcement, such sign is permitted to maintain its nonconforming status, but must still adhere to the setback requirements.
(g) Nothing in this section prevents the ordinary repair, maintenance, and non-structural alteration of nonconforming signs. Maintaining the nonconforming sign to the exact legal nonconforming design is permitted; however, any proposed changes to a nonconforming sign, except for re-facing an existing sign, requires that the sign be made to conform to the requirements of this Chapter. Re-facing an existing nonconforming sign is not considered an alteration as long as the re-facing substantially replicates the existing sign face. The Community Development Director has the authority to determine if the new sign is substantially similar.
(Ord. 2021-057. Passed 6-16-21.)