§ 134-346. Nonconforming signs.

(a)

Signs lawfully existing on the effective date of the ordinance from which this article is derived which do not conform to the provisions of this article shall be deemed to be nonconforming signs and may remain, except as otherwise specifically qualified in this article. Such signs shall not be enlarged, extended, structurally reconstructed, replaced or altered in any manner; except a sign face may be changed so long as the new sign face does not increase either height or sign area. This provision shall not have the effect of excusing any violation of any other ordinance, nor shall this provision have the effect of permitting the continued existence of any unsafe sign or any sign that is not in a good state of repair. Section 134-346 shall not apply to off-premises signs.

(b)

Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign. No repairs other than normal maintenance and upkeep of nonconforming signs shall be permitted except to make the sign comply with the requirements of this article. For any sign that is declared to be unsafe due to changed conditions beyond the control of the sign owner, such sign shall be promptly repaired, rebuilt or restored to the same dimensions, type and size of the original nonconforming sign. The failure to promptly repair, rebuild or restore such a sign within six months of the county declaring, in writing, the sign to be unsafe shall be deemed abandonment of the sign and any re-erection of such sign shall conform in all respects to the provisions of this article.

(c)

A nonconforming sign shall not be moved for any distance on the same lot or to another lot unless such change in location will make the sign conform to the provisions of this article, and meet permit requirements of this article.

(d)

If a nonconforming sign is removed or discontinued for any period of time, the subsequent erection of a sign shall be in accordance with the provisions of this article.

(e)

A nonconforming sign which is changed to or replaced by a conforming sign shall no longer be deemed nonconforming, and thereafter such sign shall be in accordance with the provisions of this article.

(f)

All nonconforming temporary signs shall be brought into compliance with this article or removed within 90 days from the effective date of the ordinance from which this article is derived. Upon failure to comply with the requirements of this article, the county may cause the removal of such signs at the expense of the property owner, sign owner, permit holder and/or sign erector. The county shall have the right to maintain an action at law for the recovery of the costs of such removal. If the owner is unknown and cannot be found upon reasonable investigation, the county may cause the removal of such sign without liability.

(g)

Notwithstanding the other provisions of this section, all signs which were illegally erected or maintained with respect to prior sign ordinances shall be removed by the owner of the sign within 90 days from the effective date of the ordinance from which this article is derived. Upon failure to comply with the requirements of this article, the county may cause the removal of such signs at the expense of the property owner, sign owner, permit holder and/or sign erector. The county shall have the right to maintain an action at law for the recovery of the costs of such removal. If the owner is unknown and cannot be found upon reasonable investigation, the county may cause the removal of such sign without liability.

(h)

The purpose of this article's nonconforming treatment is to mitigate detrimental impact of new ordinances on existing previously legally conforming signage. Over time, it is anticipated that nonconforming usages shall eventually be eliminated. As a consequence, when a nonconforming sign is damaged by nature or an act of God, such sign may be promptly repaired, rebuilt or restored to the same dimensions, type, shape, location, and size and at the same height as the original nonconforming sign. The failure to repair, rebuild or restore such a sign within six months of the date of damage shall be deemed to be abandonment of the sign and any re-erection of such sign shall conform in all respects to the provisions of this article.

(i)

Except for the condition that renders a sign nonconforming, nonconforming signs must otherwise comply with all provisions of this article.

(Ord. of 1-9-90, § 17; Ord. of 2-14-95, § 9; Ord. of 9-10-02; Amd. of 7-26-16)