Council specifically finds that the number, size and location of signs within this Municipality create hazards to motorists and pedestrians, adversely affect property values, distract from the attractiveness of the Municipality and tend to discourage investment in the construction of new buildings and the remodeling of existing ones. This Chapter addresses these concerns, but is ineffective to carry out its purpose unless existing as well as new signs are subject to its provisions. Council, therefore, specifically finds that signs which do not conform with the provisions of this chapter constitute a nuisance.
The purpose of this section is to provide for the eventual and equitable elimination of signs which do not conform to the provisions of this chapter. It is further the intent of this chapter that non-conforming signs shall not be reconstructed, altered, enlarged or used as a basis for the construction of other signs not in conformance with these regulations.
(a) Where a non-conforming sign exists, the Zoning Inspector shall make a record of that non-conformity and shall notify the owner of the fact that the sign is non- conforming and the reasons why. He shall also advise the owner of the required time period for reaching conformity.
(b) Where a non-conforming sign exists, damage to or alterations to a sign to the extent of fifty percent (50%) of its value shall eliminate its legal non-conforming status and any subsequent sign shall conform to the provision of this chapter.
(c) Should any non-conforming sign be moved or transported for any distance or any reason, it shall thereafter be erected in conformance with the provisions of this chapter.
(d) Nothing in this chapter shall prevent the erection of a non-conforming sign that was begun prior to the effective date of this section, provided that construction is complete within thirty (30) days thereafter.
(e) Any sign that was erected after the issuance of a Sign Permit from the Village of Lexington or a Building Permit from Richland County or was constructed prior to the enactment of any sign ordinances or codes when the sign was constructed, but which does not comply with the requirements of this chapter shall be considered to be a lawful nonconforming sign under the provisions of this chapter, and shall be allowed to remain in place provided that no action is taken to increase the degree or extent of its non-conformity.
All lawful non-conforming signs must be brought into conformity under any of the following conditions:
(1) Upon a change of ownership of the property upon which the non- conforming sign exists.
(2) Upon a change of ownership of the business upon which the non- conforming sign exists.
(3) Upon a change of use of the property upon which the non-conforming sign exists.
(4) Upon the discontinuation of the present use for a period of six months or more (see Section 1309.20).
(f) Unlawful non-conforming signs are those signs which have been erected in violation of a previous sign chapter and/or without a sign permit, and which do not conform to the standards of this code. Such signs shall be removed in accordance with the provisions of Section 1309.21(a) or (b).
(Ord. 07-32. Passed 7-2-07.)