(a) The continuance of an existing sign which does not meet the regulations and requirements of this chapter shall be deemed a nonconforming sign which shall terminate by abandonment. A sign shall be considered abandoned:
(1) When the sign is associated with an abandoned use.
(2) When the sign remains after the termination of a business. A business has ceased operations if it is closed to the public for at least ninety consecutive days. Seasonal businesses are exempt from this determination.
(3) When the sign is not maintained or does not conform to the following:
A. All signs, together with all supports, braces, guys, and anchors shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be subject to periodic inspection.
B. Every sign and the immediately surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary and inoffensive condition free and clear of all obnoxious substances, rubbish and weeds.
(4) Abandonment shall be determined based upon the above definitions, by the Zoning Enforcement Officer or the Property Maintenance Enforcement Officer. Upon a finding that the signage is abandoned, the right to maintain and use such sign shall terminate immediately.
(b) A nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance with the provisions of this chapter. Should any replacement or relocation take place without being brought into compliance, the sign shall be existing illegally.
(c) A nonconforming sign shall be maintained or repaired in accordance with the following provisions:
(1) The size and structural shape shall not be changed or altered. The copy may be changed provided that the change applies to the original nonconforming use associated with the sign and that the change is made by the owner of the sign at the time the sign became nonconforming; the copy area shall not be enlarged. Any subsequent owner or use shall bring the sign into compliance within thirty days.
(2) In case damage occurs to the sign to the extent of fifty percent (50%) or more of either the structure or the replacement value of the sign, the sign shall be brought into compliance. Where damage to the sign is less than fifty percent (50%) of the structure or its replacement value, the sign shall be repaired within sixty days.
(d) Removal of Abandoned Signs. Upon the determination that a sign is abandoned, the Zoning Enforcement Officer or the Property Maintenance Enforcement Officer shall notify, in writing, the owner of the property on which the sign is located. Upon receiving notification that an abandoned sign exists on the property, the owner shall have the abandoned sign removed within thirty (30) days, or shall file an appeal to the Board of Zoning Appeals within twenty (20) days under the procedure prescribed in Chapter 1155.11
. The filing of such an appeal shall stay the time for removal of the sign pending a final decision of the Board of Zoning Appeals. If thereafter the property owner does not remove the sign, the Zoning Enforcement Officer or the Property Maintenance Enforcement Officer shall take appropriate steps to have the sign removed and bill the property owner. If the bill is not paid, the costs will be incorporated into a lien on the property and collected with property taxes.
(Ord. 2018-04. Passed 4-9-18.)