1170.09 NONCONFORMING AND ABANDONED SIGNS.
   (a)   Nonconforming Signs. Where a lawful sign exists at the effective date of adoption of this Zoning Ordinance or amendment thereto, but does not meet the conditions of this ordinance, such sign shall be nonconforming and may be continued subject to the following provisions:
      (1)   Should such nonconforming sign or portion thereof be destroyed or altered by any means to an extent of more than fifty percent (50%), it shall not be reconstructed except in conformity with the provisions of this Ordinance.
      (2)   Should the graphics portion of a nonconforming sign be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, the graphics portion shall not be reconstructed except in conformity with the provisions of this Ordinance.
 
   (b)   Abandoned Signs. If any sign becomes abandoned in the manner defined herein, such a sign shall be declared a public nuisance. An abandoned sign is defined as any sign that meets any one of the following criteria:
      (1)   Any sign associated with an unlawful nonconforming use.
      (2)   Any conforming sign that remains after the termination of a business if the business has ceased operations and is closed to the public for at least 180 days or six months within a twelve-month period. Seasonal businesses are exempt from this determination.
      (3)   Any nonconforming sign that remains after the termination of a business.
 
   Upon determining that a sign is abandoned, the Building Inspector shall make a reasonable effort to notify, in writing, the owner of the property on which the sign is located. Upon receiving notification that an abandoned sign exists on the property, the owner shall have the abandoned sign removed within thirty days or shall file an appeal to the Board of Zoning Appeals under the procedure prescribed in Chapter 1129. The filing of such an appeal shall stay the time for removal of the sign pending decision of the Board of Zoning Appeals. If the Board upholds the decision of the Building Inspector, the abandoned sign shall be removed within thirty days of the Board’s decision. If thereafter the property owner does not remove the sign, the City Manager shall instruct the Director of Law to take appropriate steps to have the sign removed at the owner’s expense. (Ord. 25-2002. Passed 7-1-02.)