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A. Legal Nonconforming Signs.

1. Legal nonconforming sign(s) shall mean a sign which is/are lawfully existing at the time of the enactment of the ordinance codified in this chapter which does not conform to the regulations as specified in this chapter.

2. A legal nonconforming sign may continue to be utilized in association with an approved permitted use only in the manner and to the extent that it existed at the time of the adoption of the ordinance codified in this chapter or any amendment thereto.

3. A legal nonconforming sign may not be altered in any manner not in conformance with this chapter.

4. This does not apply to the normal repair, maintenance, or replacing of existing copy; provided, that structural alterations are not required as part of the repairs, maintenance, or replacing of existing copy.

5. Any sign that becomes nonconforming subsequent to the effective date of the ordinance codified in this chapter, either by reason of annexation to the city or amendment to this chapter, shall be subject to the provisions of this code.

6. Notwithstanding any other provision of this chapter, legal nonconforming signs that are located on a parcel of property that 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 same relative 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.

B. Signs for a Legal Nonconforming Use.

1. New or additional signs for a legal nonconforming use shall not be permitted.

2. A nonconforming sign for a legal nonconforming use which ceases to be used for a period of 365 consecutive days or is suspended by a conforming use shall be considered a prohibited sign and shall be removed or brought into conformance upon establishment of a conforming use.

C. Alteration or Removal of Nonconforming Signs.

1. A nonconforming sign structure shall not be re-erected, relocated, or replaced unless it is brought into compliance with the requirements of this chapter, except as provided for in subsection (A) of this section.

2. Any construction permit that invokes certificate of occupancy requirements shall specify and require that any nonconforming sign located within the boundaries of the development site authorized by said permit shall be brought into conformance with the provisions of this code. If the nonconforming sign is a type of sign that is prohibited under MCC 18.115.050, it shall be removed.

3. Any nonconforming sign that is allowed to deteriorate to such an extent that the cost of repair or restoration is more than 50 percent of the cost of reconstruction shall either be removed or be rebuilt in full conformity with this chapter. Notwithstanding this provision, nonconforming signs may be repaired or replaced if the repairs or restoration are necessary due to acts of God, or the negligent act of or vandalism to the sign by a third party.

D. Signs Rendered Discontinued.

1. Sign structures that remain vacant, unoccupied, devoid of any message, or display a message pertaining to a time, event or purpose that no longer applies shall be deemed to be discontinued.

2. Any sign that is located on property that becomes vacant and unoccupied for a period of 90 consecutive days shall be deemed to be discontinued.

3. A sign whose use has been deemed discontinued is prohibited and shall be removed by the owner of the sign or owner of the premises. [Res. 22-12; Ord. 22-03 § 2; Ord. 14-12 § 1; Res. 14-36 § 409.18.]