1335.06 NONCONFORMING SIGNS.
   (a)   Nonconforming Signs Defined. Any sign with the exception of "portable signs", which was erected legally but does not comply with the provisions of this chapter as of its effective date. Regulations for portable signs are specifically addressed in Section 1335.07 .
 
   (b)   Determination of Legal Nonconformity; (Portable Signs Excluded). Existing signs (not including signs of the portable variety) which do not conform to the specific provisions of this chapter, are eligible for designation as "legal nonconforming" signs and are permitted to continue provided that the following requirements are met.
      (1)   The Village Administrator or his designated representative (Service Director or the Zoning/Nuisance Inspector) determines that such signs in their current state are properly maintained and do not in anyway endanger the public, including traffic visibility at street corners and intersections.
      (2)   The sign was covered by a sign permit or variance on the date of the adoption of this chapter if one was required under applicable law; or
      (3)   If no sign permit was required under applicable law for the sign in question, the sign was in all respects in compliance with any laws governing signs in place prior to the adoption of this chapter.
 
   (c)   Loss of Legal Non-conforming Status. Legal nonconforming sign may lose this designation if:
      (1)   The sign is relocated or replaced.
      (2)   The structure of the sign is altered in way except towards compliance with this chapter. This does not include normal maintenance.
      (3)   The sign no longer advertises a bona fide business in operation in which case the sign shall be considered abandoned.
      (4)   The sign copy is changed to reflect a new business occupancy.
 
   (d)   Maintenance and Repair of Nonconforming Signs. Legal nonconforming signs are subject to all requirements of this chapter regarding safety, maintenance and repair. However, if the sign suffers more than fifty percent (50%) damage due to fire or other causes including deterioration, it must be brought into compliance with this chapter or be removed.
 
   (e)   Change of Use of Nonconforming Signs. Where the business use or identity associated with the nonconforming sign changes or terminates, such change or termination shall require termination of the legal nonconforming status.
 
   (f)   Discontinuance of a Nonconforming Sign/Abandoned Sign. A nonconforming sign including abandoned signs when the use of which is discontinued for a period of thirty days thereafter shall thereafter be removed or brought into compliance with the provisions of this chapter.
 
   (g)   Temporary/Portable Signs Not Eligible for Classification as a Legal Nonconforming Sign. Temporary/Portable signs are ineligible for classification as a legal nonconforming sign. Temporary/Portable signs are governed by Section 1335.07 .
(Ord. 33-89. Passed 11-28-89.)