(a) Any sign which exists at the time of adoption of this chapter which does not conform to the provisions specified herein shall be regarded as a pre-existing and legal nonconforming sign.
(b) Any sign for which a variance or permit is granted after review by the Board of Zoning Appeals and which does not conform to the provisions specified herein shall be regarded as a legal nonconforming sign.
(c) All pre-existing and legal nonconforming signs are considered by this chapter to be incompatible with the intent and specifications of these sign regulations. Such pre-existing signs and all nonconforming signs may be continued subject to the following provisions:
(1) All pre-existing or nonconforming signs shall be kept in good repair and be maintained in a safe condition.
(2) Any pre-existing signs or any nonconforming signs which are structurally altered, enlarged, relocated, replaced, digitized, reprinted, excluding normal touch-up repainting or routine maintenance repainting, or and excluding the converting of the sign through the replacing or changing of removable sign panels, shall thereafter comply with all of the requirements and provisions specified in this chapter.
(d) Loss of Legal Non-conforming Status. A legal non- conforming sign shall immediately lose its legal non-conforming designation if:
(1) The sign is altered in any way in structure, digitized, or copy (except for changeable copy signs and normal maintenance), which tends to or makes the sign less in compliance with the requirements of this Chapter than it was before the alterations; or
(2) The sign structure is relocated to a position making it less in compliance with the requirements of this Chapter, or
(3) Damage to a sign and/or sign structure, due to an act of God or vehicular damage, which requires repairs in excess of thirty percent (30%) of value of same; or
(4) A valid sign permit was never obtained prior to installation of such sign; or
(5) The sign and/or the sign structure is no longer maintained in accordance with the requirements of the Chapter.
On the happening of any subsections (d)(1), (2), (3), (4) or (5) the sign immediately shall be brought into compliance with the provisions of this Chapter with a new permit secured therefor, or shall be removed.
(Ord. 2023-05. Passed 3-13-23.)
CODIFIED ORDINANCES OF NEW MIDDLETOWN