§ 161.041 NON-CONFORMING SIGNS.
   (A)   It is the intent of the city with this chapter that non-conforming signs shall not be enlarged or expanded, nor should a person use this chapter as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of the city with this chapter to permit legal non-conforming signs to remain if the signs are safe, maintained in good condition and if the signs have not been abandoned, moved or removed. Any sign, including a billboard, legally existing at the time of the passage of this chapter that does not conform to the provisions of this chapter shall be considered a legal non-conforming sign and may be continued including through repair, replacement of graphic panels, restoration, maintenance or improvement, but not including the moving, enlargement or expansion of the sign. EXPANSION shall be defined as any structural alteration, change or addition that is made outside of the original sign structure or design.
   (B)   Nothing in this chapter shall prevent the return or repair of a sign structure that has been declared unsafe by the Building Official to a safe condition.
   (C)   When any lawful non-conforming sign is discontinued for more than one year, or is changed to a conforming sign, any future sign or sign structure shall meet the provisions of this chapter.
   (D)   Any legal, non-conforming sign shall be removed and shall not be repaired, replaced, restored or rebuilt if it is damaged by fire or other similar peril to the extent of greater than 50% of its market value at the time of destruction and no sign permit or building permit (if applicable) has been applied for within 180 days of the date of destruction. The city’s Building Official shall be responsible for making the determination whether a non-conforming sign has been destroyed greater than 50% of its market value at the time of destruction. In making this determination, the Building Official shall consider the market value of the entire sign at the time prior to the destruction and the replacement value of the existing sign. In the event a building permit is applied for within 180 days of the date of the damage or destruction and the sign did not withstand damage greater than 50% of its market value at the time of destruction, the city may impose reasonable conditions upon the building permit in order to mitigate any newly created impact on adjacent properties.
   (E)   A lawful non-conforming sign shall not be changed to a similar non-conforming sign or to a more restrictive non-conforming sign.
   (F)   Sign regulation conformance. Should a sign owner, operator or contractor permanently move a non-conforming sign or a non-conforming sign structure for any reason for any distance, it shall thereafter conform to the regulations of this chapter and with the zoning district standards that it is in after the owner or contractor moves it.
(Prior Code, § 1008.13) (Ord. 679, passed 05-29-2001; Ord. 769, passed 05-08-2006; Ord. 816, passed 01-22-2009; Ord. 884, passed 12-09-2013)