§ 9-1010. Nonconforming signs.

A.

Subject to the restrictions of this ordinance, nonconforming signs that were otherwise lawful on the effective date of this ordinance may be continued unless such signs are required to be removed pursuant to section 9-1009 or 9-1011 of this ordinance.

B.

No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. No nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition. Nor may illumination be added to any nonconforming sign.

C.

A nonconforming sign may not be moved or replaced except to bring the sign into compliance with the requirements of this ordinance.

1.

Exceptions.

(i)

A sign which does not conform to setback requirements under this ordinance that identifies a legally established use existing prior to the adoption of the first zoning ordinance dated February 6, 1970, may be replaced or repaired provided that the following requirements are met:

(a)

The use identified is a permitted or conditional use under the provisions of this ordinance in effect at the time of replacement;

(b)

The replacement sign does not encroach closer into the required yard; and

(c)

The replacement sign shall not increase the structures nonconformity in regard to, but not limited to size, height, construction standards, and sight triangle requirements.

D.

If a nonconforming sign is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before such an occurrence shall exceed fifty percent (50%) of the current replacement value at the time of damage, the sign shall not be replaced except in compliance with the provisions of this section and the ordinance; it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this ordinance, and the remnants of the former sign structure shall be cleared from the property.

1.

Exceptions.

(i)

A sign which does not conform to setback requirements under this ordinance that identifies a legally established use existing prior to the adoption of the first zoning ordinance dated February 6, 1970, may be replaced or repaired provided that the following requirements are met:

(a)

The use identified is a permitted or conditional use under the provisions of this ordinance in effect at the time of replacement;

(b)

The replacement sign does not encroach closer into the required yard; and

(c)

The sign otherwise complies to the provisions of this ordinance, including, but not limited to, size, height, construction standards, and sight triangle requirements.

(d)

Signs destroyed by vandalism or theft may be replaced in their original location and size dimensions.

E.

The message of a nonconforming sign may be changed so long as this does not create any new nonconformities by creating circumstances where such a sign would not be allowed.

F.

Subject to the other provisions of this section, nonconforming signs may be repaired and renovated so long as the cost of such work does not exceed, within any twelve-month period, fifty percent (50%) of the value of such sign.

G.

If a nonconforming billboard remains blank for a continuous period of ninety (90) days, that billboard shall be deemed abandoned and shall, within thirty (30) days after such abandonment, be altered to comply with this ordinance or be removed by the sign owner, owner of the property where the sign is located, or any other person having control over such sign. For purposes of this section, a sign is "blank" if:

1.

It advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted;

2.

The message it displays becomes illegible in whole or substantial part; or

3.

The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.

H.

A preexisting nonconforming off-premises sign may be replaced within six (6) months of such sign being damaged or destroyed, provided the replacement sign is located in the same location and the replacement sign is no greater than four (4) square feet in size. (3-14-18.)