§ 153.068 PRE-EXISTING ADVERTISING SIGN STRUCTURES.
   (A)   After the enactment of this chapter, the Director of Planning and Zoning or his or her designee shall, as soon as practicable, survey the City of Marion and its jurisdictional area for advertising structures which do not conform to the requirements of this chapter. Upon determination that an advertising sign structure is nonconforming, the Director or his designee shall use reasonable efforts to notify either personally or in writing the lessor, lessee or owner of the property on which the advertising sign structure is located of the following:
      (1)   The advertising sign structure’s nonconformity;
      (2)   Whether the advertising sign structure is eligible for characterization either as legal, nonconforming or unlawful.
   (B)   The owner of the property, or his representative, shall request a certificate of legally established nonconforming advertising sign, as to the date of the erection or installation, fair market value and replacement costs, as it was on the effective date of the provisions of this chapter as amended, and pertinent maintenance records for the advertising structure.
   (C)   A false statement knowingly given by the lessor or lessee or failure to apply and/or furnish such information within ten days constitutes a waiver of any rights granted to any property owner, lessor or lessee as to the maintenance of any nonconforming advertising sign structure or device by this chapter and such advertising sign structure or device shall be removed or altered to conform within 30 days after demand that such be done in writing by the Director regardless of the ownership or the date of installation of such advertising sign structure or device.
   (D)   Continued failure to comply shall cause the Director to petition for permit revocation, and after proper notice and public hearing, a finding that the advertising sign structure or device shall be removed or altered to conform within 30 days by the Board of Zoning Appeals.
   (E)   If the lessor or lessee of the advertising sign structure or owner of the property on which the advertising sign structure is located cannot be contacted, the notice may be affixed in a conspicuous place to the advertising sign structure or to the business premises with which the advertising sign structure is associated.
   (F)   Advertising sign structures eligible for characterization as legal nonconforming. Any advertising sign structure located within the city jurisdiction on the date of adoption of this chapter which does not conform to the provisions of this chapter is eligible for characterization as a legal nonconforming advertising sign structure and is permitted, provided it also meets the following requirements:
      (1)   The advertising sign structure was covered by an advertising sign structure permit or variance on the date of adoption of this section if one was required under applicable law, or, if no advertising sign structure permit was required under applicable law for the advertising sign structure in question, the advertising sign structure was in all respects in conformity with the applicable law immediately prior to the adoption of this section or had legal nonconforming status at such time;
      (2)   The advertising sign is an off-premises outdoor advertising sign as herein defined, including the supporting sign structure;
      (3)   The individual advertising structure has been at its particular location for the duration of its normal life subject to customary maintenance;
      (4)   Preexisting advertising structure covered by a grandfather clause, which do not comply with the provisions of this chapter as amended have the status of legally nonconforming signs;
      (5)   Any nonconforming sign which does not fit the definition of a legal nonconforming sign is an unlawful sign. Subject to subsections below, a legal nonconforming sign shall retain such status in perpetuity subject to normal maintenance and reduction.
   (G)   If land is annexed to the City of Marion subsequent to the effective date of this chapter, any signs which do not conform to this chapter at such time shall have legal nonconforming status if:
      (1)   Under applicable federal, state, and county regulations, the sign was legal in all respects immediately prior to annexation;
      (2)   The sign is a permanent sign; and
      (3)   The annexation was not conditioned upon the removal or modification of the sign.
   (H)   A legally nonconforming advertising structure shall immediately lose its legally nonconforming designation if:
      (1)   The advertising structure is relocated;
      (2)   More than 60% of the complete advertising structure is destroyed or replaced;
      (3)   The permit, variance, or condition under which the advertising structure was allowed expires;
      (4)   The advertising structure is not kept in good repair and/or in safe condition and ceases to display advertising matter and if said condition continues for six months;
      (5)   The advertising structure is altered to the following extent:
         (a)   The sign face is increased;
         (b)   The size of the advertising structure is increased;
         (c)   The use changes.
   (I)   In order to maintain and continue a legally nonconforming advertising structure, the following conditions apply.
      (1)   The advertising sign structure must have been actually in existence at the time this chapter became effective as distinguished from a contemplated use such as a lease or agreement with the property owner must continue to be lawfully maintained.
      (2)   A legally nonconforming advertising structure or portion of a structure becomes physically unsafe or unlawful by reason of physical condition defined by city ordinance; it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
      (3)   The advertising structure must remain substantially the same as it was on the effective date with the provisions of this chapter as amended. Reasonable repair and maintenance of the advertising sign structure, as provided for in this section, including a change of advertising message, is not a change, which would terminate nonconforming rights.
      (4)   The legally nonconforming advertising structure and/or sign may be sold, leased, or otherwise transferred without affecting its status, but its location may not be changed.
      (5)   A legally nonconforming advertising sign structure removed as a result of a right-of-way taking or for any other lawful government purpose may be relocated within a properly zoned district but cannot be reestablished at a new location as a nonconforming use.
      (6)   On any legally nonconforming advertising structure or portion of a structure containing a nonconforming sign, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement to an extent not to exceed 10% of the current replacement cost of the legally nonconforming advertising structure, or legally nonconforming portion of the structure, whichever the case may be, provided that the sign area existing when it became legally nonconforming shall not be increased. There are exceptions to actual existence as follows.
         (a)   Where a permit or variance was granted for the construction of an advertising structure prior to the effective date of passage and the advertising sign structure owner acted in good faith and expended sums in reliance thereon. This exception shall not apply in instances where large numbers of permits were applied for and issued to a single sign owner, obviously in anticipation of the passage of the sign ordinance amendment governing advertising structure.
         (b)   The legally nonconforming advertising structure may continue as long as it is not destroyed, abandoned, or discontinued. If permitted by the sign ordinance and re-erected in kind, exception may be made for nonconforming advertising structures destroyed due to vandalism and other criminal or tortious acts.
         (c)   Any legally non-conforming advertising structure, which for a designated period of time of six months displays obsolete advertising matter or is without advertising matter or is in need of substantial repair, may constitute abandonment or discontinuance. Similarly, a nonconforming advertising structure damaged in excess of 60% of its replacement cost shall be considered destroyed.
         (d)   Where an existing legally nonconforming advertising structure ceases to display advertising matter, a reasonable period of time to replace advertising content is established by the sign ordinance. Where new content is not put on a structure within 30 days after the passage of the designated period of time of six months, the use of the structure as a nonconforming outdoor advertising sign structure is terminated and shall constitute an abandonment or discontinuance. This established period may be waived for an involuntary discontinuance such as the closing of a local road or state highway for repair in front of the advertising sign structure.
         (e)   All signs and advertising structures shall conform to the requirements of both this chapter and “The Highway Advertising Control Act of 1967,” as amended; and should the two be in conflict with each other, the requirements of the more restricting shall apply. “The Highway Advertising Control Act of 1967” affects all Federal Aid Primary Highways as established by the State Highway Commission.
      (J)   Any advertising structure which is in violation of this chapter and which is in existence and installed upon the date of enactment of the ordinance codified in this chapter shall be removed or altered so as to comply with this chapter at the property owner’s expense and as otherwise provided by law.
   (K)   Illegal advertising structure, statement of installation date:
      (1)   Any lessor or lessee of property to which a nonconforming sign or structure is attached shall furnish to the Director of Planning, upon request in writing, the date of the erection or installation of such sign or advertising sign structure;
      (2)   A false statement knowingly given by the lessor or lessee or failure to apply and/or furnish such information within ten days constitutes a waiver of any rights granted to any property owner, lessor or lessee as to the maintenance of any nonconforming sign or advertising sign structure by this chapter and such sign or advertising sign structure shall be removed or altered to conform within 30 days after demand that such be done in writing by the Director regardless of the ownership or the date of installation of such sign or advertising sign structure;
      (3)   Continued failure to comply shall cause the Director to petition for permit revocation, and after proper notice and public hearing, a finding that the sign or advertising sign structure shall be removed or altered to conform within 30 days by the Board of Zoning Appeals.
   (L)   Any advertising sign structure not meeting such requirements is an unlawful sign.
   (M)   After notice and public hearing, any sign permit granted in accordance with the provisions of this section may be revoked upon a finding by the Board of Zoning Appeals that the sign or sign program for which the permit was granted advertises the availability or sale of goods, property, or services no longer available, or is constructed, installed, or maintained in a manner that is not in accordance with the approved application.
   (N)   Abandonment shall be the voluntary act of the lessee and/or lessor to discontinue the use of a sign and/or structure for a period of 90 days or more. An abandoned nonconforming structure may be occupied, and the nonconforming rights reestablished upon approval of the Board of Zoning Appeals in accordance with this chapter and the provisions of the Comprehensive Plan.
(1985 Code, § 36-7-4-600(4.3.3))