§ 4-127. Nonconforming signs.

(a)

Applicability. This section applies generally to any permanent sign that was lawfully erected, in conformance with applicable zoning and other ordinances in effect at the time of erection or placement, which does not conform with one (1) or more of the standards now set forth in this article. Regarding temporary signs, see subsection (f).

(1)

A sign that was erected in conformity with a duly granted variance shall be considered to have been lawfully erected.

(2)

A flag pole that was lawfully erected shall be treated as a nonconforming sign.

(3)

For an automatic reader board sign, the structure and the mechanisms shall be considered lawful nonconforming situations subject to this section, but the operation of the sign shall be subject to the provisions of this ordinance.

(b)

Effect. A nonconforming sign may be continued and shall be maintained in good condition as required by these regulations, however, it shall not be:

(1)

Structurally changed to another nonconforming sign, but the sign face and message may be changed.

(2)

Structurally altered to prolong the life of the sign including the addition or replacement of any structural supports and/or ground or foundation supports.

(3)

Expanded or altered in any manner that increases the degree of nonconformity.

(4)

Converted to a new technology, such as converting a flat panel sign to a "trivision" or changeable sign of any type.

(4)

Continued in use after a new, freestanding sign or sign structure shall be erected on the same parcel or unit.

(c)

Automatic reader board signs. Any automatic reader board sign that is subject to this article shall be brought into conformance with the operating standards of section 4-123(c)(2) no later than April 1, 2010. Operation of such a sign after that date except in conformance with the requirements of that section shall be a violation of this article.

(d)

Pending applications. Any sign application submitted during the 2009 moratorium on sign permits shall be reviewed under the previous ordinance if:

(1)

A complete application and required fees were submitted before May 4, 2009; and

(2)

The proposed sign conforms in all respects with the ordinance then in effect. If such sign does not conform with the standards of this article, the sign shall then be treated as a nonconforming sign under this section.

(e)

Substantial damage. Should any nonconforming sign or nonconforming portion of any sign be removed, destroyed or become structurally deteriorated (excluding foundations) by any means to an extent of more than fifty (50) per cent of the replacement cost at the time of evaluation, as determined by the building inspector, it shall not be reconstructed except in conformity with the provisions of this chapter; if it cannot be or is not reconstructed, then it shall be removed.

(f)

Temporary signs. Any temporary or portable sign which was lawfully erected in conformance with a prior ordinance but which does not conform with the standards or requirements of this article shall be removed or brought into compliance with this article on or before February 1, 2010.

(Ord. No. 09-1123, 11-23-2009)