(a) Definitions.
(1) A legal nonconforming sign is any sign which exists at the time of adoption of this sign code that was legally erected prior to enactment of this sign code, but fails to conform to the provisions specified herein.
(2) An illegal nonconforming sign is any sign which exists at the time of adoption of this sign code that was not legally erected or altered prior to enactment of this sign code and fails to conform to the provisions specified herein.
(b) Burden of Proof. The burden of establishing that any nonconforming sign is a legal nonconforming sign, as defined by this section, shall in all cases be upon the owner of such nonconforming sign and not upon the City.
(c) Legal Nonconforming Status. When an existing sign structure violates the minimum setback requirement from the City right-of-way, a sign may be mounted to the structure, provided that it does not violate any other regulations of this chapter. A legal nonconforming sign shall immediately lose its legal nonconforming status and must be brought into compliance with the sign code or be removed if any of the following circumstances apply:
(1) The sign structure is relocated; or
(2) The sign structure is replaced; or
(3) The sign is structurally altered or enlarged; or
(4) The sign is damaged to an extent greater than 50% of the estimated replacement cost.
(d) Required Sign Maintenance and Repair.
(1) All legal nonconforming signs shall be kept in good repair and be maintained in a safe condition.
(2) Nothing in this section shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of these regulations regarding safety, maintenance and repair of signs, provided however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure in any way.
(Ord. 06-29. Passed 5-1-06; Ord. 11-59. Passed 11-7-11.)