(A) Generally. Any sign legally existing prior to enactment of this subchapter, but which shall violate any provision of this subchapter, may continue to be maintained and used after passage of this subchapter subject to the following provisions.
(1) Enlargement. No nonconforming sign shall be enlarged, expanded or extended to occupy a greater square footage or height than was occupied on the date of adoption or amendment of the subchapter.
(2) Relocation. No nonconforming 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 adoption of this subchapter, except that any sign which is hereafter required to be moved by a governmental body for the purpose of construction, relocation, widening or improvement of a street, highway or other public purpose, may be relocated once and allowed to be maintained and used as before.
(3) Discontinuance. Except for seasonal signs, if the business or service advertised or identified by a nonconforming sign ceases to be conducted for a period exceeding 30 calendar days, the nonconforming sign shall be classified as an “abandoned sign,” and removed. See § 162.263(E).
(4) Destruction. Should any nonconforming sign be damaged or destroyed by any means to an extent of up to 50% of its surface area or structure, it shall not be reconstructed, except in conformance with the requirements of this subchapter.
(5) Eventual removal-amortization. Except as to standard outdoor advertising structures, poster panel and/or billboards, in any instance where a sign is nonconforming to any of the requirements of this subchapter, the signs, and supporting structure where necessary, shall be discontinued and removed not later than 15 years from the date of passage of the subchapter.
(B) Violations not made valid. Any sign which is prohibited by this subchapter, and was erected in violation of former § 29.703 of this code or other requirements of the city, shall not be considered to be granted nonconforming status by the passage of this subchapter.
(C) Determination of nonconformance. Should any existing sign be enlarged, replaced or reconstructed, it shall be considered a new sign, except standard outdoor advertising structures, post panels and billboards. If an existing sign is repainted or the sign panels replaced for the purpose of changing the business, occupation or tenant advertised or identified, it shall not be considered a new sign. Repainting a sign for ordinary maintenance or the repair or restoration of an existing sign to a safe condition after being damaged by storm or other accidental act as shown in accordance with the original sign permit, shall not constitute a new sign, subject to the provisions of division (A)(4) above.
(1980 Code, § 29.1407) (Ord. 9240, passed 7-29-2013)
Penalty, see § 162.999