§ 42-10. Nonconforming signs.

(a)

Generally.

(1)

A nonconforming sign shall not be changed or replaced with another nonconforming sign, including changing the sign face.

(2)

A nonconforming sign shall not be modified in any way that would increase its degree of nonconformity. No changes in the existing sign will be allowed except for those repairs which are necessary to keep the sign in good working order.

(3)

Temporary nonconforming signs having obtained a sign permit before the adoption date of this chapter shall be permitted to remain for the life of the permit.

(4)

Any sign in existence after March 28, 2011, which had up to date permitting and was in conformity with the sign ordinance provisions existing prior to that date, but were not in compliance with the provision of the date of adoption of this chapter, and are not made conforming by the provisions of this chapter shall be deemed nonconforming, but shall be allowed to continue to be displayed by virtue of their "grandfathered" status in accordance with the provisions below, except that the time by which they must be made conforming shall be five years from the initial effective date of the ordinance from which this chapter is derived.

(5)

All signs, which were lawfully in existence and constructed or installed with properly issued sign permits as of the effective date of the ordinance from which this chapter is derived, and which are made nonconforming by the provisions herein, shall be allowed to remain in accordance with the following conditions:

a.

Freestanding ground signs, made nonconforming upon the initial effective date of these amended regulations, which are not in compliance only with respect to the minimum required setback from any property lines shall be allowed to remain in the existing location provided that no portion of the sign is located within any publicly owned right-of-way or utility easement and that no interference with clear sign distance exists, and further provided that such signs are otherwise in compliance with the terms of this chapter.

b.

Freestanding signs, made nonconforming upon the initial effective date of the ordinance from which this chapter is derived which are not in compliance with respect only to maximum width, height or size shall be allowed to remain, provided that such signs are otherwise in compliance with the terms of this chapter.

c.

Nonconforming signs, including those as described in preceding subsections (a)(5)a and (a)(5)b shall be made conforming with all provisions of this chapter when any of the following changes are made:

1.

Any change to the structural supports or structural materials, including temporary relocation associated with routine maintenance of a property.

2.

Any change which increases the illumination.

3.

Any change which increases the height of a sign.

4.

Any change which alters the display area or face area.

5.

Any replacement required as the result of an accidental act or a weather related act.

6.

Any replacement of an abandoned sign.

7.

Any change necessary for compliance with building code requirements.

8.

Any change of use resulting from a change in franchise and/or business ownership.

d.

The provisions of this section shall not be construed to apply to signs that are abandoned, deteriorated, dilapidated, or in a general state of disrepair, or which are determined to create a hazard to public safety.

(6)

Notwithstanding the preceding provisions of subsections (a)(5)a through (a)(5)d above, all signs permitted within nonresidential zoning districts, pursuant to this chapter, shall be made to conform with the provision of this chapter as may be amended, within ten years of the initial effective date of these regulations, which date shall be May 23, 2011.

(7)

Signs or sign structures which were never lawfully permitted shall not be determined as legally nonconforming signs and shall be subject to immediate removal without the benefit of any amortization period.

(Ord. No. 2010-11-13, 5-23-2011)