§ 154.145 NON-CONFORMING SIGNS.
   (A)   Every permanent sign in lawful existence at the time of adoption of this chapter which does not conform to the height, size, area, location or other requirements of this chapter is deemed non-conforming.
   (B)   Non-conforming signs may not be expanded, enlarged or extended, but they may be maintained and repaired as allowed by this chapter so as to continue their useful life.
   (C)   A non-conforming sign may be diminished in size or dimension, or the copy on the sign may be amended or changed, without adversely affecting the status of the sign as a non-conforming sign. However, no non-conforming or other sign may be converted into a digital, tri-vision, LED or similar sign.
   (D)   (1)   If a sign loses its legal non-conforming designation or status, the sign (and all portions thereof) shall be removed immediately and shall not be repaired, replaced or rebuilt unless it fully complies with all requirements of this chapter. A non-conforming sign shall lose its lawful non-conforming designation and status if the Zoning Administrator determines that any of the following is applicable:
         (a)   The sign is relocated, moved, rebuilt or replaced; and/or
         (b)   The sign is destroyed. A sign shall be deemed destroyed if any of the following occurs:
            1.   The sign is torn down or demolished;
            2.   The sign is wrecked or ruined;
            3.   Such damage has been done to the sign that it cannot be returned to its prior state by routine repair, but only by replacement or material rebuilding; or
            4.   More than 50% of the face of the sign has been shattered, or a portion of the sign face touches the ground.
      (2)   If a sign is destroyed, division (E) below (which applies only to repairs and maintenance) shall not be applicable;
      (3)   Even if a sign has not been destroyed, but damage or deterioration has occurred to the point of 50% or more, as defined in division (E) below, the sign shall be deemed to have lost its legal non-conforming status;
      (4)   The structure or size of the sign is altered in any material way other than a change of copy or normal maintenance which does not physically alter the sign;
      (5)   There is a material change in the use of the premises where the sign is located;
      (6)   A building permit is issued for any construction on the premises where the sign is located which increases the total building square footage by more than 5% or 5,000 square feet, whichever is less; or
      (7)   The sign is abandoned.
   (E)   (1)   This division (E) shall not apply if a legal non-conforming sign has been destroyed, since a destroyed sign automatically loses its legal non-conforming designation and status. If a legal non-conforming sign suffers 50% or more damage, destruction or deterioration, it must be brought into full compliance with this chapter or be removed.
      (2)   In order to determine whether or not a sign has been damaged or has deteriorated by 50% or more, the costs of physically repairing the sign shall be compared to the costs of physically replacing the sign.
      (3)   If less than 50% damage or deterioration has occurred pursuant to such comparison, the sign may be repaired to its exact original state.
(Ord. passed 7-12-2012, § 5.6)