(1) Any legally established nonconforming sign within the town may continue to exist, including the performance of normal and routine maintenance, so long as such sign remains otherwise lawful.
(2) Legally established nonconforming signs may receive normal and routine repair and maintenance subject to the following provisions:
(a) A legally established nonconforming sign may not be enlarged, expanded or altered in a way which increases its nonconformity;
(b) A legally established nonconforming sign erected pursuant to the grant of a variance of either a previously enacted zoning regulation or this ordinance 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 such grant of variance;
(c) Except as provided for in Article 9.1J(2)(b) above, the removal of a sign structure or a sign cabinet shall be deemed conclusive evidence that such sign requires work beyond normal and routine repair and maintenance, and such sign shall not be repaired, maintained or reconstructed except in conformity with the provisions of this ordinance;
(d) Should a legally established nonconforming sign be moved for any reason for any distance whatsoever, such legally established nonconforming sign shall thereafter conform to the provisions of this ordinance;
(e) Should a legally established nonconforming sign remain unused by a business operating from an associated building for a period of six months or greater, the owner of the premises upon which it is located shall remove all poles, frames, supports and any other structural, electrical, mechanical elements of said sign;
(f) If the cost of normal and routine repair and maintenance of a legally established nonconforming sign exceeds 50% of the sign’s replacement cost or current depreciated value, whichever is less, determined pursuant to this Article 9.1K(2), said legally established nonconforming sign shall not be repaired, maintained or reconstructed except in conformity with the provisions of this ordinance; and
(g) 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 sign’s replacement cost or current depreciated value, whichever is less, determined pursuant to this Article 9.1K(2), said legally established nonconforming sign shall not be reconstructed except in conformity with the provisions of this ordinance, provided, however, in the case of a freestanding identification sign, if due to the configuration of the property (i.e., location of building, interior access drive or other permanent improvement) a new freestanding identification sign cannot be located at the appropriate setback pursuant to Article VII of this ordinance, the Director may issue an improvement location permit for a new freestanding identification sign located at the same location as the damaged or destroyed freestanding identification sign subject to the following regulations:
1. The owner shall make application for an improvement location permit within six months of such damage or destruction;
2. The Director shall determine that there are no locations on the subject lot and oriented toward the same street, where a new freestanding identification sign may be located without significant site alterations;
3. No portion of such freestanding identification sign shall encroach into any street right-of-way; and
4. The proposed sign shall, in the determination of the Director, decrease the extent of nonconformity where possible and to the maximum extent feasible given site constraints in relation to:
a. The type of sign (from pole sign to pylon sign to ground sign, as permitted by this ordinance);
b. Illumination of sign (from external to internal to no illumination, as permitted by this ordinance);
c. Height of sign (from taller to shorter, to the maximum height permitted by this ordinance);
d. Setback of sign (from zero feet to the minimum setback required by this ordinance); and
e. Sign surface area (from larger to smaller, to the maximum sign surface area permitted by this ordinance), in comparison to the sign which existed immediately prior to such damage or destruction, provided however, in no case shall the extent of any nonconformity be increased in any manner.
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 11-2004, passed 6-14-2004; Ord. 51-2005, passed 10-10-2005; Ord. 09-2007, passed 4-23-2007; Ord. 24-2009, passed 1-26-2009)