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.
(A) 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 adoption or amendment of this subchapter.
(B) 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 adoption of this chapter, except that any such 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 and allowed to be maintained and used as before.
(C) Discontinuance. If the business or service advertised or identified by a non-conforming sign ceases to be conducted for a period exceeding 30 calendar days, the non-conforming sign shall be classified as an abandoned sign and removed. See § 154.201(D).
(D) Destruction. Should any non-conforming sign be 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.
(E) Violations not made valid. Any sign which is prohibited by this subchapter and was erected in violation of the requirements of the previous sign ordinance shall not be considered to be granted non-conforming status by the passage of this subchapter.
(F) Appeal. In any instance, in cases of doubt or a specific question raised, whether a non-conforming sign exists, shall be a question of fact, and shall be determined on appeal to the Board of Zoning Appeals.
(Ord. 01-04-01, passed 4-10-2001)