(A) All signs lawfully existing on the effective date of this chapter, or amendment thereto, that do not conform to all the standards and regulations of this chapter, is considered a legal nonconforming sign.
(B) A legal nonconforming sign shall immediately lose its legal nonconforming designation if:
(1) The sign is not kept in good repair and in a safe condition and/or the state of disrepair or unsafe condition continues for six months;
(2) The sign is relocated;
(3) The complete sign and sign structure are replaced;
(4) Adding lights, or altering light intensity;
(5) The sign is information is increased or the size of the sign is increased;
(6) The height of the sign is changed;
(7) The sign permit or variance under which the sign was allowed or permitted expires; or
(8) On the happening of any one of the above conditions, the sign shall be immediately brought into conformance with this chapter with a new sign permit secured therefore, or it shall be removed.
(C) No nonconforming sign may be replaced or repaired if said sign is damaged more than 50% of its value unless it is brought into compliance with this chapter.
(D) A nonconforming sign shall be removed or brought into compliance with this chapter by the owner or lessee of the premises upon which the sign is located when the business it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the Plan Commission shall follow the abandoned sign requirements in § 98.99.
(E) All signs shall be located on private property except if by law a sign is to be in a specific location.
(F) Right-of-way acquisition.
(1) Existing conforming signs: In the case of a legally established sign that would become a legal nonconformity due to its setback from the new right-of-way line or position within a redefined sight visibility triangle by virtue of right-of-way acquisition by any government entity, the sign shall be required to be relocated to a position that would bring it into compliance with the sign regulations of this chapter. The cost of such relocation should be factored into the price paid for the additional right-of-way during the condemnation proceedings, and the property owner or lessee shall be responsible for accomplishing the relocation within 90 days of receiving payment for the right-of-way.
(2) Existing legal nonconforming signs: In the case of a legal nonconforming sign for which the nonconformity is increased due to its setback from the new right-of-way line or position within a redefined sight visibility triangle by virtue of right-of-way acquisition by any government entity, the sign shall be required to be relocated to a position that would bring it into compliance with the sign regulations of this chapter. The cost of such relocation should be factored into the price paid for the additional right-of-way during the condemnation proceedings, and the property owner or lessee shall be responsible for accomplishing the relocation within 90 days of receiving payment for the right-of-way.
(3) Existing illegal nonconforming signs: In the case of illegal nonconforming signs that may be discovered during right-of-way acquisition by any government entity, the sign shall be removed at the cost of the property owner or lessee.
(Ord. 07-2604, passed 1-7-08) Penalty, see § 98.99