§ 3381.08. Nonconforming graphics.

A.

Definition. A graphic lawfully in existence in the city prior to the effective date of the ordinance codified in this chapter, or lawfully in existence at the time of annexation in an area annexed to the city thereafter, that does not conform to the provisions of this Graphics Code, is designated a nonconforming graphic.

B.

Conditional Continuance Permitted. A nonconforming graphic shall be allowed to continue in its nonconforming status provided the graphic was lawful on or before the effective date of the ordinance codified in this chapter, or at the time the site was annexed, whichever is applicable.

C.

Maintenance or Repair. A nonconforming graphic shall be maintained or repaired only in the following manner:

1.

The size and structural shape shall not be changed or altered, except to remove entire elements thereby reducing the overall size.

2.

The copy may be changed in conformance with this Graphics Code.

3.

Where damage occurs to the graphic to the extent of 50 percent or more of replacement value, the graphic shall be brought into compliance or removed in its entirety. Where the damage to the graphic is less than 50 percent of its replacement value, the graphic shall be repaired to its original configuration or removed in its entirety. In either case, the work shall be completed within 60 days following the occurrence of the damage.

D.

Relocation or Replacement. A nonconforming graphic may be replaced or relocated on the same lot only so long as there is no increase in its nonconformity, including, but not limited to, the following:

1.

Increased height, graphic area, or overall size of a nonconforming graphic;

2.

Decreased distance between a nonconforming graphic and the adjacent public right-of-way; or

3.

Conversion of a nonconforming on-premises sign into an off-premises sign, or a nonconforming off-premises sign into an on-premises sign.

E.

A nonconforming graphic which has been abandoned shall automatically lose any nonconforming status it may have had and shall not thereafter be returned to any such nonconforming use.

(Ord. 2837-96 § 9 (part; Ord. No. 0170-2014, § 12, 7-28-2014)