Any sign lawfully existing on the effective date of the unified development ordinance, or amendment thereto, that does not conform to all the standards and regulations of the unified development ordinance is considered a legal nonconforming sign. The following apply to legal nonconforming signs.
(A) Pre-existing signs. Signs that existed prior to the time the unified development ordinance was adopted and were in conformance with previous ordinances shall be legally nonconforming until a time a major change is made to the sign. Major changes include changing the size, changing the height, adding lights, altering light intensity and/or relocation.
(B) Sign condition. All legal nonconforming signs shall be kept in good repair, safe, neat, clean and attractive condition. In the event nonconforming signs are not kept in that condition or are demolished by any force whatsoever to the extent of 50% or more of the fair market value of the sign structure, the signs shall then be made to conform to the unified development ordinance.
(C) Sign removal. A nonconforming sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the Plan Commission or Planning and Zoning Administrator shall give the owner a 30-day written notice to remove it. Upon failure to comply with this notice, the Plan Commission or Administrator may remove the sign at cost to the property owner or lessee.
(D) Major changes/replacement. Legal nonconforming signs that are structurally altered by a major change or replaced shall comply immediately with all provisions of the unified development ordinance.
(E) Right-of-way acquisition.
(1) Existing conforming signs. In the case of a legally established sign that would become a legal nonconformity due to its setback from the new right-of-way line or its position within a redefined sight visibility triangle by virtue of the right-of-way acquisition by any government entity, the sign shall be required to be relocated to a position that would bring it into compliance with the regulations of § 7.2. The cost of the relocation should be factored into the price paid for the additional right-of-way during the condemnation proceedings, and the property owner or lessee shall be responsible for accomplishing the relocation within 90 days of receiving payment for the right-of-way.
(2) Existing legal nonconforming signs. In the case of a legal nonconforming sign for which the nonconformity is increased due to its setback from the new right-of-way line or its position within a redefined sight visibility triangle by virtue of right-of-way acquisition by any government entity, the sign shall be required to be relocated to a position that would bring it into compliance with the regulations of §§ 7.2 and 7.7. The cost of the relocation should be factored into the price paid for the additional right-of-way during the condemnation proceedings, and the property owner or lessee shall be responsible for accomplishing the relocation within 90 days of receiving payment for the right-of-way.
(3) Existing illegal nonconforming signs. In the case of illegal nonconforming signs that may be discovered during right-of-way acquisition by any government entity, the sign shall be removed at the cost of the property owner or lessee.
(F) Annexation. If land is annexed to the city, any sign upon the annexation that does not conform to the sign standards at the time shall have legal nonconforming status if:
(1) Under applicable federal, state, county and local regulations, the sign was legal in all respects immediately prior to annexation; and
(2) The annexation was not conditioned upon the removal or modification of the sign. Any sign not meeting these requirements is an illegal nonconforming sign.
(Ord. 07-16, passed 12-10-2007)