Article 7-12 NONCONFORMING AND UNSAFE SIGNS
A. LEGAL NONCONFORMING SIGNS.
1. Legal nonconforming sign(s) mean signs that lawfully existed at the time of the enactment of this Ordinance that did not conform to the regulations as specified in this Ordinance.
2. A legal nonconforming sign may continue to be utilized in perpetuity only in the manner and to the extent that it existed at the time of the Ordinance adoption, amendment thereto, or annexation which rendered the sign legally nonconforming, except as otherwise provided in this Ordinance.
3. A legal nonconforming sign may not be altered in any manner not in conformance with this Ordinance, except for reasonable repair and maintenance of the sign or to a change of copy that does not require structural alterations.
4. Any construction permit which invokes Certificate of Occupancy requirements shall specify and require that any legal nonconforming sign located within the boundaries of the development site, and within the limits of the applicant’s control, authorized by said permit shall be brought into conformance with the provisions of this Ordinance provided that if the legal nonconforming sign is a type of sign that is prohibited by this Ordnance, then it shall be removed.
5. Legal nonconforming signs that are located on a parcel of property which is severed from a larger parcel of property and acquired by a public entity for public use by condemnation, purchase, or dedication may be relocated on the remaining parcel without extinguishing the legal nonconforming status of that sign provided that the nonconforming sign:
a. Is not increased in area or height;
b. Remains structurally unchanged except for reasonable repairs or alterations;
c. Is placed in the most similar position on the remaining property that it occupied prior to the relocation; and,
d. Is relocated in a manner so as to comply with all applicable safety requirements.
After relocation pursuant to this subsection, the legal nonconforming sign shall be subject to all provisions of this section in its new location.
6. A nonconforming sign shall not be re-erected, relocated or replaced unless it is brought into compliance with the requirements of this Ordinance.
7. A sign approved by variance or Comprehensive Sign Package before the effective date of this Ordinance or any amendment thereof shall not be considered legally nonconforming.
8. If the structure of a legal nonconforming sign is changed, the height and area of the sign shall not be increased to exceed the height and area limits of the site on which it is located. If the sign exceeds the site’s height and/or area limitations, the excess height and/or area shall be reduced a minimum of 50%. Two such reductions shall be permitted. After the third structural change, the sign shall conform to current standards. Nothing in this Section shall require a legal nonconforming sign to be reduced to a height or area less than that otherwise allowed on the site.
9. If a legal nonconforming sign is located on a parcel being developed for which Site Plan and/or Design Review is required, the height and area of the sign shall not be increased to exceed the height and area limitations of the site. If the sign exceeds the site’s height and/or area limitations, the excess height and/or area shall be reduced a minimum of 50%. Two such reductions shall be permitted. After the third structural change, the sign shall conform to current standards. Nothing in this Section shall require a legal nonconforming sign to be reduced to a height or area less than that allowed on the site.
Site Plan and/or Design Review required by one of the following types of development shall not cause reduction in a sign’s legal nonconforming height and/or area:
a. An addition of less than 2,000 square feet when the addition is less than 50% of the size of the usable space of the site which is the subject of design review. A series of additions, which total more than 50% of the usable space of the site shall require reduction of nonconformities. Usable space shall not include areas such as restrooms and storage rooms.
b. An addition of more than 2,000 square feet when the addition is less than 10% percent of the size of the usable space of the site which is the subject of design review. A series of additions, which total more than 10% percent of the usable space of the site shall require reduction of nonconformities. Usable space shall not include areas such as restrooms and storage rooms.
c. A modification required by federal, state or local regulations or programs.
10. Any legal nonconforming sign shall be removed or rebuilt in full conformity to the terms of this Ordinance if it is damaged or allowed to deteriorate to such an extent that the cost of repair or restoration is 50% or more of the cost of replacement of such sign.
B. SIGNS FOR A LEGAL NONCONFORMING USE.
1. New or additional signs for a legal nonconforming use shall not be permitted.
2. A legal nonconforming sign for a legal nonconforming use, which ceases to be used for a period of 365 consecutive days or the legal nonconforming use becomes a conforming use of the site, shall be considered a prohibited sign and shall be removed or brought into conformance upon establishment of the conforming use.
C. SIGNS RENDERED ABANDONED.
1. Sign structures, which remain vacant, unoccupied or devoid of any message for a period of six months or pertain to a time, event or purpose that no longer applies, shall be deemed to be abandoned.
2. A sign whose use has been abandoned is prohibited.
3. Within six months after a use has been abandoned, it shall be the responsibility of the property owner or the property owner’s authorized leasing agent to remove the message or copy of an abandoned sign and to patch and conceal any and all damage to the structure resulting from removal of the sign in a neat and professional manner. Legally existing cabinet signs and panels on freestanding monument or pylon signs shall be replaced with a blank panel, consistent with sign panel replacement as outlined in this Ordinance.
D. UNSAFE SIGNS.
1. If the Building Official, or designee, determines any sign or sign structure to be in an unsafe condition, he/she shall immediately notify, in writing, the owner of such sign who shall correct such condition within 48 hours.
2. If the correction has not been made within 48 hours, the Building Official, or designee, may have the sign removed if it creates a danger to the public safety or have any necessary repairs or maintenance performed at the expense of the sign owner or owner or lessee of the property upon which the sign is located.