(A) Existing non-conforming signs. An existing non-conforming sign legally registered, as required by this chapter, may continue to be maintained and used subject to the following provisions:
(1) Enlargement. No non-conforming sign shall be enlarged, expanded, or extended to occupy a greater square footage or height than was occupied on the date of its registration.
(2) Relocation. No non-conforming sign shall be moved in whole or in part to any other portion of the lot, parcel, or building not so occupied on the date of its registration. Any legally non-conforming sign that is removed from its original location may not be reinstated at any other location within the city unless it shall conform with all of the requirements of this chapter.
(3) Discontinuance. If the business, service, product, or person advertised or identified by a legally non-conforming, on-site sign ceases to be conducted at that site, all signs must be brought into conformance with the requirements of this chapter prior to utilization by any new business, service, product or person. If the business, service, product, or person advertised or identified by a legally non-conforming on-site sign ceases to be conducted at that site for a period exceeding 90 days without being replaced by a new business, service, product, or person, the non-conforming sign shall be classified an abandoned sign, and removed. (See § 158.02 for definition of “abandoned sign”).
(4) Destruction. Should any non-conforming sign be damaged or destroyed by any means it may be repaired and/or re-built with the exact same type and size of sign with no change in the business, service, product, or person advertised or identified on the sign. The content of the sign may not change.
(5) Removal. If a legally registered non-conforming sign is removed for any reason it shall not be replaced except with a conforming sign, except a legally registered non-conforming sign may be removed prior to a hurricane or any other natural disaster and said sign shall not lose it non-conforming status, provided the same sign is re-installed within a period not to exceed 30 days from its initial removal.
(6) Replacement. The replacement of the sign(s) or the repainting of the sign face(s) of a legally non-conforming sign, not effecting a change in the business, service, product, or person identified or advertised, shall be considered maintenance, and shall not classify the non-conforming sign as a “new” sign requiring conformance with the requirements of this chapter.
(B) Determination of non-conformance. In any instance of cases of doubt or a specific question raised as to whether a non-conforming sign exists, it shall be a question of fact and shall be determined on appeal to the Board of Adjustment as referenced in § 158.15.
(Ord. 2003-2, passed 2-17-2003)