(A) Continued existence. Any legally established nonconforming sign may continue to exist, including the performance of normal and routine maintenance, so long as the sign remains otherwise lawful.
(B) Repair and maintenance. Legally established nonconforming signs may receive normal and routine repair and maintenance subject to the following provisions:
(1) A legally established nonconforming sign may not be enlarged, expanded, or altered in a way which increases its nonconformity;
(2) A legally established nonconforming sign erected pursuant to the grant of a variance of either a previously enacted zoning regulation or this chapter for number of signs, height of sign, setback of sign, or sign surface area may be altered so as to decrease the extent of nonconformity authorized by the grant of variance;
(3) Except as provided for in division (B)(2) above, the removal of a sign structure or a sign cabinet shall be deemed definitive evidence that the sign requires work beyond normal and routine repair and maintenance, and the sign shall not be repaired, maintained, or reconstructed except in conformity with the provisions of this chapter;
(4) If a legally established nonconforming sign is damaged or destroyed by any means to the extent that the repair or reconstruction of the sign exceeds 50% of the cost of construction of the entire sign, determined pursuant to § 152.065 below, the legally established nonconforming sign shall not be reconstructed except in conformity with the provisions of this chapter;
(5) If the cost of normal and routine repair and maintenance of a legally established nonconforming sign exceeds 50% of the cost of construction of the entire sign, determined pursuant to § 152.065 below, the legally established nonconforming sign shall not be repaired, maintained, or reconstructed except in conformity with the provisions of this chapter; and
(6) Should a legally established nonconforming sign be moved for any reason for any distance whatsoever, the legally established nonconforming sign shall thereafter conform to the provisions of this chapter.
(C) Amortization of off-premises signs (i.e., billboards).
(1) Intent and purpose.
(a) Attractive and integrated design features tend to improve the image of the community, raise property values within the community, attract new business and residents to the community, and improve the overall quality of life of the community. Attention to urban design features, therefore, is determined by the Town Council to be in the best economic interest of the citizens and business owners of the town.
(b) Signs, due to their inherent visibility and incursion upon the landscape, represent a prominent design feature. The regulations contained in the sign regulations, §§ 152.230 through 152.236, were prepared in recognition of the impact of signs as a prominent urban design feature. The intent of the sign regulations of this chapter is, in part: to encourage the effective use of signs as a means of communication; to create a more attractive economic and business climate; to minimize the possible adverse effects of signs on nearby public and private property; to foster and improve the economic vitality of the community by enhancing and protecting the physical appearance of the community; and to promote the public health, safety, and general welfare of the community.
(c) The purpose of the regulations contained in this division (C) are intended to implement the intent set forth above.
(2) Impact of off-premises signs. It is hereby declared by the Town Council that off-premises signs have the greatest potential of all signs to have a significant negative impact on the urban design features of the town and the public health, safety, and general welfare of the community due to: sign surface area in relation to lot area; sign surface area in relation to size of buildings; sign surface area in relation to the sign surface area permitted for on-premises business signs; sign surface area in relation to the sign surface area of traffic-control signs; inherent needs for high visibility; and predominantly being located along highly traveled thoroughfares.
(3) Declaration of nonconforming off-premises signs. By operation of law, any off-premises sign which is in existence on the effective date of this chapter and which does not comply with the provisions of §§ 152.230 through 152.236 is either a nonconforming off-premises sign or a legally established nonconforming off-premises signs.
(4) Declaration of legally established off-premises signs. A nonconforming off-premises sign shall be deemed to be a legally established nonconforming off-premises sign relative to both use and development standards if the following conditions apply:
(a) The off-premises sign was erected in compliance with regulations applicable on the date of erection;
(b) If a permit was required at the time of erection of the off-premises sign, the permit was issued in full compliance with all applicable regulations of the town Zoning Ordinance in effect at the time of issuance of the permit, and the off-premises sign was constructed, completed and maintained in full compliance with all applicable regulations of the town Zoning Ordinance in effect at the time of issuance of the permit;
(c) The off-premises sign existed prior to the date of adoption of this Zoning Ordinance;
(d) The off-premises sign has continued to exist from the date of adoption of this Zoning Ordinance to the present;
(e) The off-premises sign has not been abandoned; and
(f) The sign surface of the off-premises sign has not been left blank for a period of 365 consecutive days.
(5) Removal of nonconforming off-premises signs. Any nonconforming off-premises sign (i.e., an off-premises sign which was not in compliance with applicable sign regulations or grant of variance at the time of the construction, erection or placement of the sign) shall be subject to immediate enforcement pursuant to §§ 152.405 through 152.413.
(6) Removal of legally established nonconforming off-premises signs.
(a) Any legally established nonconforming off-premises sign which either: is not brought into compliance with the terms and conditions of §§ 152.230 through 152.236, sign regulations; or does not obtain the variance(s) necessary to establish the sign as a permitted sign under this chapter, shall be removed within 5 years of the effective date of this chapter.
(b) Any off-premises sign which becomes a legally established nonconforming off-premises sign by virtue of: any future amendment of this chapter; any future zone map amendment; or any annexation of lands into the corporate jurisdiction of the town, which either: is not brought into compliance with the terms and conditions of §§ 152.230 through 152.236 (as such regulations may be amended from time to time); or does not obtain the variance(s) necessary to establish the sign as a permitted sign under this chapter, shall be removed within 5 years of the amendment or annexation.
(c) Removal shall include the removal of the sign surface and any sign structure (including any sign cabinet, pole, base, foundation, support, tie rods, upright, bracing, or framework) which supports or is capable of supporting the sign surface.
(7) Maintenance of legally established nonconforming off-premises signs. Legally established nonconforming off-premises signs shall be subject to the provisions of division (B) above, regarding maintenance.
(Ord. 1221, § 1.03(j), passed 1-26-2010)