(1)

Sign Standards. All signs within the City of Livonia shall comply with the General Requirements of Section 11.04. Signs in specific Zoning Districts shall comply with Section 11.08. For prohibited signage refer to Section 11.05 and Section 11.09. For exempt signage refer to Section 11.06.

(2)

Existing Signs. Except as otherwise specifically provided, nothing in this Article requires removal or discontinuance of an existing sign. Existing signs must not be enlarged or extended without meeting the requirements of this Article and obtaining a sign permit. Legally existing signs that do not meet this Article's requirements are labeled nonconforming signs.

(3)

Dual Suitability. Meeting the criteria of one sign type definition does not exclude the sign from meeting another sign definitions' criteria. For example, a blade sign can also meet the definition criteria of a double-faced sign. Therefore, the sign is a double-faced blade sign.

It is not the intent of this Ordinance to have the open spaces and lines of vision created by public rights-of-way used as license for unrestricted advertising through the use of signage, but rather to enhance the physical appearance of the city, preserve scenic and natural beauty of designated areas, make the city a more enjoyable and pleasing community and to create a more attractive economic and business climate by preserving property values. It is intended by the provisions of this Ordinance to reduce sign or advertising distractions, to eliminate the visual blight caused by abandoned or poorly maintained signs and to avoid the confusion of conflicting adjacent signs. Through this Ordinance signage will be allowed in such a manner so as to provide those similar uses in similar zones the opportunity for identification exposure regardless of parcel size, although the location and size of buildings will influence the amount and type of signage permitted. This Ordinance shall make a distinction between those non-residential zones that provide for transitional or other than retail activity as a primary use. This section, through this approach, reflects the transitional nature of the zoning district arrangements shown on the zoning map and the future land use plan so that as the intensity of land use is decreased, so is the amount of permitted signage. This consistent approach is necessary to remove the need for the type of signs which compete for attention for the motorist, thereby creating traffic hazards as well as creating visual blight within the city. It is therefore within the health, safety and welfare responsibility of the city of Livonia that this section of the Ordinance is promulgated.

Any non-commercial message may be substituted for the copy on any commercial sign allowed by this Ordinance.

The following conditions apply to all signs erected or located in any zoning district:

(1)

Inspection. No signs oriented to motorized traffic on a public street (except as specifically exempted) shall be erected, used, changed or altered without first having been approved by the Director of the Inspection Department, or his or her designee, and a sign permit issued.

(2)

Sign Location.

A)

No sign shall project beyond or overhang the wall or any permanent architectural feature (e.g., awning, canopy, or marquee) by more than eighteen (18) inches and shall not project above or beyond the highest point in the roof or parapet.

B)

No sign shall be permitted at any location that creates any type of safety hazard or visual impediment to pedestrian or vehicular traffic. Any citation or notice of violation of this subsection shall cite any relevant building or electrical codes, provisions of this Ordinance or other City ordinances, and/or findings or studies of the Livonia Police Department Traffic Bureau and/or a traffic engineer.

(3)

Maximum Sign Size. No sign in the City shall exceed an overall sign area of 200 square feet.

(4)

Alterations. No sign will be altered, rebuilt, enlarged, extended or relocated except in conformity with the provisions of this Article. The refacing of signs is not an alteration within the meaning of this Article.

(5)

Sign Attachment and Support. A sign must not be attached to or supported by a tree, utility pole, light pole, trash receptacle, bench, vending machine, public shelter, or be painted or drawn upon rocks or other natural features.

A sign not expressly permitted in a zoning district is prohibited. The following signs shall not be permitted and are expressly prohibited in any zoning district:

(1)

Abandoned signs.

(2)

Bench signs.

(3)

Billboards.

(4)

Festoons, air-activated signs, and balloon signs except for decorations commemorating a permitted time-limited event or a nationally recognized holiday.

(5)

Flashing signs.

(6)

Moving signs.

(7)

Outline tubing signs, except that the use of outline tubing may be permitted when:

A)

such tubing is encased with tinted glass or plastic so as to protect it from weather and breakage and to render such tubing invisible when not illuminated, and

B)

the tubing does not outline windows, roofs, or other building features.

(8)

Portable signs.

(9)

Pylon signs.

(10)

Roof signs.

(11)

Trailer signs.

(12)

Any sign attached to a tree or utility pole whether public or private, or attached to a traffic device or public sign.

(13)

Any sign unlawfully installed, erected or maintained.

(14)

Any sign which has displayed thereon advertising or announcements in obscene material or language.

(15)

Signs that include audio, pyrotechnic, Bluecasting (Bluetooth advertising), or other similar components.

(16)

Any sign, that is located in or projects into any public right-of-way as shown on the Future Transportation Map is prohibited, except for traffic or other public signs and those signs for which a valid permit has been issued by a) the County, in the case of a County right-of-way, or b) the State, in the case of a State right-of-way. Any sign, including real estate signs, placards, posters, circulars, showbills, handbills, cards, leaflets or other advertising matter posted, pasted, nailed, printed, stamped, or unlawfully placed or erected in any right-of-way or public property may be removed and disposed of by the enforcement officers of the City of Livonia without regard to other provisions of this Ordinance.

(Ord. of 2-14-2023)

The following types of signs, where expressly permitted by zoning district, shall not require sign permits unless otherwise indicated; provided that the principal use to which they relate is permitted by this Zoning Ordinance and they meet all other restrictions of the particular zoning district and the following criteria:

(1)

Public signs.

(2)

Temporary signs. Provided they meet district regulations of Section 11.08.

(3)

Flags. No greater quantity than three (3) per development site. Flagpoles shall be permitted to be located within the minimum required building setback area, provided that the distance between the base of the pole and any lot line is not less than the height of the flagpole.

(4)

Address numbers with a numeral height not greater than six (6) inches for residences and twelve (12) inches for businesses. Address numbers on a business with a numeral height in excess of twelve (12) inches may be permitted as part of the total allowable wall or ground sign area otherwise permitted in this Ordinance. Individual addresses on multi-tenant buildings shall consist of numerals of a uniform size, style and color.

(5)

Nameplates on the entry door of the premises or adjacent to the doorway.

(6)

One (1) temporary construction sign of whatever content the owner deems appropriate, provided that such sign is erected only after the issuance of a building permit and is removed at the completion of construction or occupancy of the building, whichever occurs first, and subject to the following additional requirements:

A)

Construction signs in R-U-F, N1, and N2 districts shall not exceed six (6) square feet in area, and if freestanding shall not exceed five (5) feet in height and shall have a minimum setback of ten (10) feet from any public right-of-way.

B)

Construction signs in all other districts shall not exceed thirty (30) square feet in area, and if freestanding shall not exceed six (6) feet in height and shall have a minimum setback of ten (10) feet from any public right-of-way.

(7)

Temporary community event signs, of whatever content the owner deems appropriate, for the purpose of advertising or promoting public events sponsored by a non-profit association or corporation for a charitable, educational, or public purpose to which the general public is invited when approved by the City Council and only after a sign permit has been issued by the Director of the Inspection Department, or his or her designee. Such signs shall not exceed sixteen (16) square feet of sign area, eight (8) feet in height, have a minimum setback of ten (10) feet from any public right-of-way and shall be removed within twenty-four (24) hours of the conclusion of the event it advertises.

(8)

Directional signs, of whatever content the owner deems appropriate, located on parking areas or on auxiliary parking lots used in conjunction with an adjacent permitted use when the purpose of the sign is to expedite the flow of vehicular and pedestrian traffic to, from, and within a development site, each sign may not exceed two (2) square feet in area. The minimum setback for such signs used to indicate an entrance or exit shall be two (2) feet from all property lines or any public right-of-way line with a maximum height of three (3) feet. All other directional signs shall have a minimum setback of ten (10) feet from all property lines or any public right-of-way line with a maximum height of five (5) feet.

(9)

One (1) temporary real estate sign of whatever content the owner deems appropriate, when located on the land or building intended to be rented, leased or sold, subject to the following additional requirements:

A)

Real estate signs shall be removed within thirty (30) days after the property is rented, leased, or sold. For the purpose of this Ordinance, a property shall be considered leased when the lease agreement is executed by all parties or it shall be considered sold when the sale is closed.

B)

Real estate signs in R-U-F, N1, and N2 districts shall not exceed six (6) square feet in area, and if freestanding shall not exceed five (5) feet in height and shall have a minimum setback of ten (10) feet from any public right-of-way.

C)

Temporary real estate signs, of whatever content the owner deems appropriate, in all other districts shall not exceed sixteen (16) square feet in area, and if freestanding shall not exceed eight (8) feet in height and shall have a minimum setback of ten (10) feet from any public right-of-way or a location as deemed appropriate by the Director of the Inspection Department. Two (2) signs not exceeding sixteen (16) square feet each shall be permitted on property situated on a lot with double frontage and corner lots. Such signs shall require a sign permit and may be erected for a time period not to exceed six (6) months from the date of issuance of the sign permit; provided, however, that such permit may be renewed by the Director of the Inspection Department, or his or her designee, for a second six (6) month period. At the end of the second six (6) month period, such permit may be renewed for a period not to exceed six (6) additional months only if more than ten (10%) of the building or rentable area of the building is available.

D)

On development sites with a minimum of two hundred (200) feet of property bordering on the I-275 freeway, temporary real estate, of whatever content the owner deems appropriate, signs facing the I-275 freeway shall not exceed sixty-four (64) square feet in area, and if freestanding shall not exceed twelve (12) feet in height and shall have a minimum setback of ten (10) feet from any public right-of-way.

(10)

One (1) temporary non-illuminated "open house" real estate sign, of whatever content the owner deems appropriate, with an area not to exceed four (4) square feet. Such signs may be located only on the premises being sold and may be displayed for only one (1) day in any seven (7) day period.

(11)

Temporary real estate development signs, of whatever content the owner deems appropriate, when permitted in a zoning district, require sign permits, provided that such sign is erected only after the issuance of a building permit for the development or a portion thereof. Except for temporary residential subdivisions which are provided for elsewhere, such signs shall be subject to the following additional requirements:

A)

Real estate development signs shall be located on the land being developed and shall not exceed thirty-two (32) square feet in area, eight (8) feet in height and shall have a minimum setback of ten (10) feet from any public right-of-way line.

B)

Real estate development signs may be permitted for a time period not to exceed twelve (12) months from the date of issuance of the sign permit and may be renewed by the Director of the Inspection Department, or his or her designee, when the sign is demonstrated to be safe and well maintained. Such signs are to be removed upon expiration of the permit or occupancy of the building, whichever occurs first.

(12)

Residential subdivision development with models shall be permitted one (1) temporary real estate sign of whatever content the owner deems appropriate, for each access road entering the development. Such signs shall be separated by a minimum distance of five hundred (500) feet and shall not exceed thirty (30) square feet in area, twelve (12) feet in height, and shall have a minimum setback of ten (10) feet from all property lines and any public right-of-way lines.

A)

Within subdivisions, each home builder for each model shall be permitted, one (1) temporary real estate sign of whatever content the owner deems necessary, for each home builder for each model. Such signs shall not exceed of sixteen (16) square feet in area, five (5) feet in height, and shall have a minimum setback of fifteen (15) feet from any property line.

B)

Such home builder signs shall be removed upon cessation of new home marketing within the subdivision or when ninety-five percent (95%) of all lots have been sold by the builder(s) or when the permit expires, whichever occurs first.

(13)

Required announcement signs are permitted in all zoning districts when erected and maintained in accordance with the provisions requiring their use.

(1)

The area of a sign, expressed in square feet, shall mean the entire area within any circle, triangle or rectangle or square enclosing the extreme limits of writing, representation, emblem or any figure or similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. Refer to the image below.

(2)

Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except that where two (2) such faces are placed back-to-back and are at no point more than two (2) feet from one another, the area of the sign shall be taken as the area of one (1) face if the two (2) faces are of equal area, or as the area of the larger face if the two (2) faces are of unequal area.

(3)

Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area unless it too contains advertising lettering, materials or symbols.

(4)

Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area is measured as their maximum projection, upon a vertical plane, as viewed from a position in the public right-of-way which produces the largest visual projection. See figure to the right.

(5)

Regardless of spacing, the letters forming a word or words shall be considered a single sign. The area of such a sign shall be measured as provided in this Article.

(1)

Sign Regulations for Residential Districts.

(2)

Sign Regulations for C-1 Districts.

(3)

Sign Regulations in C-2, C-3, and C-4 Districts.

(4)

Sign Regulations in Industrial Districts.

(Ord. of 4-18-2022; Ord. of 2-14-2023)

The erection and maintenance of billboards and outdoor advertising signs on any parcel of land within the City of Livonia, or the use of any such parcel for said purpose, are hereby prohibited; provided, however, that this section shall not apply to billboards or outdoor advertising signs lawfully in existence at the time this Ordinance becomes effective, nor to those specific signs which are expressly allowed by the district regulations contained in this Ordinance.

(1)

Illumination. Signs permitted to be illuminated, may be either internally or indirectly illuminated. Any sign, regardless of size, that makes use of electricity, shall require an electrical permit in addition to any required sign permit. No sign shall be illuminated by other than approved electrical devices, installed in accordance with the requirements of the regulations adopted by the City of Livonia, and shall be subject to the following conditions:

A)

The lighting of signs shall be of a non-intermittent, non-flashing character.

B)

Illumination devices designed and installed to illuminate the exterior of principal buildings or accessory buildings on a site shall be permitted without respect to the size of signs permitted in any zoning district; provided, however, that there shall be no spillage of illumination or glare onto any public or private roads, drives or traffic lanes, and shall be so shielded, trained, or aimed that glare is prevented from spilling onto adjacent residential properties.

C)

Internal illumination or back-lighting of signs attached to a canopy or awning, which render the canopy or awning translucent, is not permitted; however, the portion of the canopy or awning which encompasses the sign area only may be illuminated to light the sign area in a translucent manner.

(2)

Standards. Any ground sign permitted under Section 11.08, 0 which pertains to a business, business center, and/or regional center as to which all other signage of whatever type also conforms to this Ordinance, may include a variable electronic message sign covering not more than fifty (50) percent of the area of the ground sign, provided that each individual message on the sign shall remain in place for a minimum of eight (8) seconds, any change of message is accomplished within one (1) second, and any change shall occur simultaneously over the entire face of the variable electronic message sign. Signs which constitute Nonconforming Uses under Section 11.15 of this Ordinance, or as to which variance(s) has/have been granted for sign size, height, location, or number, must be eliminated or brought into conformity with all currently applicable Ordinance limits prior to the issuance of a variable electronic message sign permit for the business, business center, and/or regional center to which such nonconforming sign(s) pertain(s).

A)

No such sign may be oriented to face any residentially zoned property.

B)

The intensity of the display on any variable electronic message sign shall not exceed the levels specified in the chart below:

C)

Prior to the issuance of a permit for a variable electronic message sign, applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed the levels specified in the chart above, and the intensity level is protected from end-user manipulation by password-protected software or other method deemed appropriate by the Department. The characters on any variable electronic message sign must be lighted against a darker or less luminous background.

D)

The sign owner shall provide on the application for a permit for a variable electronic message sign contact information for a person who is available to be contacted at any time and who is able to turn off the variable electronic message sign promptly after a malfunction occurs. If the Department finds that a variable electronic message sign has malfunctioned, the owner of the sign, within twenty-four (24) hours of a request by the Department, shall correct the malfunction or power off the sign.

E)

Variable electronic message signs which do not comply with all of the provisions of this subsection shall not be permitted in any zoning district in the City.

(1)

Material Requirements. All signs shall be designed and constructed in conformity to the provisions for materials, loads, and stresses of the latest adopted edition of the B.O.C.A. Code and requirements of this section.

A)

Restriction on Combustible Materials. All signs and sign structures erected shall conform to the State Construction Code relating to combustibility.

B)

Non-Structural Trim. Non-structural trim may be of wood, metal, approved plastics, or any combination thereof.

C)

Fastenings. Signs erected to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts, or approved expansion screws of sufficient size and anchorage to support safely the loads applied. All bolts, cables, and other parts of such signs shall be painted and free from corrosion. Any defect due to the fault of the erector shall be repaired by the erector. All building fastenings must be of non-corrosive materials. Lightweight sign letters may be attached by means of an approved adhesive.

D)

Proximity to Electrical Conductors. No sign shall be erected so that any part including cables, guys, etc., will be within six (6) feet of any electrical conductor, electric light pole, street lamp, traffic light, or other public utility pole or standard.

E)

Erector's Imprint. Signs of every class which come within the purview of this section, must carry the identification of the sign erector in clearly legible letters. In case of rehanging or re-erection of any sign, the new erector must place his or her identification and the date on the sign.

(2)

Windloads. For the purpose of design, wind pressure shall be taken upon the gross area of the vertical projection of all signs and sign structures at not less than fifteen (15) pounds per square foot for those portions above the ground. In calculating wind pressure on curved surfaces such as cylindrical or spherical signs or sign structures, this pressure shall be assumed to act on three-fifths (3/5) of the projected area. In all open frame signs or sign structures, the area used in computing wind pressure shall be one-half (½) times the net area of the framing members exposed to the wind.

(3)

Sign Elimination. The Director of the Inspection Department, or his or her designee, may order the removal of any sign and supporting structures:

A)

Maintained in violation of this section, such order shall be in writing to the owner of said sign; or to the owner of the building, structure, or premises on which the sign is located; or to the owner or operator of the business to which the sign pertains; and shall allow seven (7) days for the removal of said sign or to insure that it is brought into conformance with the terms of this section.

B)

Existing at the time of, or erected after, the adoption of this Ordinance if either by its location or structural characteristics is deemed to be immediately hazardous to the safety of the general public.

C)

Whenever the sign becomes abandoned as defined in this Ordinance.

(4)

Responsibility of Compliance. The owner of any property on which a sign is erected, located, or placed, and the person maintaining said sign, are declared to be equally responsible for the condition of the sign and the area in the vicinity thereof.

(1)

Permits Required. It shall be unlawful for any person to erect, alter, paint, relocate, or maintain (by structural change or changing the display of the face of the sign) within the City of Livonia any sign or other advertising structure as defined herein, except where specifically exempted by Section 11.06 of this Ordinance, without first obtaining a permit from the Department and payment of the fee provided for in this Ordinance. The provisions and regulations of this Ordinance shall not apply to the ordinary servicing or repainting of an existing sign message, cleaning of a sign, nor to changing of advertising on a sign specifically designed for periodic change of message without change in structure, such as a bulletin board, or similar type of sign, but not including a sign to which a new permanent face may be attached.

(2)

Application for Sign Permit. Application for sign permits shall be made upon forms provided by the Department, and shall contain or have attached thereto the following information:

A)

Name, address, and telephone number of the applicant.

B)

Location of the building, structure, or lot to which the sign is to be attached or erected.

C)

Position of the sign in relation to nearby buildings, structures, and property lines.

D)

Three (3) scaled drawings of the plans and specifications and method of construction and attachment to the building or in the ground.

E)

Copy of stress sheets and calculations, if deemed necessary, showing the structure as designed for dead load and wind pressure.

F)

Name and address of the person, firm, corporation, or association erecting the structure.

G)

Any electrical permit required and issued for said sign.

H)

Insurance policy or bond as required herein.

I)

Such other information as the Director of the Inspection Department, or his or her designee, may require to show full compliance with this and all other applicable laws of the City of Livonia and the State of Michigan.

J)

In the discretion of said Director when in his or her opinion the public safety requires it, the application containing the aforesaid material shall, in addition, bear the certificate or seal of a registered architect or engineer as a condition to the issuance of a permit.

K)

In all applications for entranceway signs, the Director of the Inspection Department, or his or her designee, shall require that appropriate provisions have been made to assure continued maintenance of the sign.

(3)

Permit Fees. A permit fee shall be paid to the Department for each permanent permit and each temporary permit and each renewal thereof required by this Ordinance as shall be set by resolution of the City Council. The fee for any required permit shall be doubled if the sign is erected prior to the issuance of the permit.

(4)

Appeal Process. The Department has the authority to revoke or deny any sign permit required under this Ordinance if the sign violates this Ordinance or another law, provided that the Department shall offer the sign owner an opportunity to be heard by the Director of the Inspection Department, or his or her designee. Such hearing rights shall be in addition to the property owner's rights under Section 13.14 of this Zoning Ordinance as amended. Such hearing shall occur no later than ten (10) business days after the denial or revocation complained of, except with the consent of the owner to a later hearing date. The person(s) whose permit is under consideration shall be given at least five (5) days written notice of the time, place, and reason for the hearing. The sign owner and/or person identified in the permit shall be permitted to present relevant facts and legal argument concerning the pending denial or revocation. Following this hearing, the Department shall consider the merits of the case and shall present a written opinion prior to any action. If, however, the Department believes the health, safety, or welfare of the citizens is endangered by any violation of this Ordinance, the Department may immediately revoke any sign permits.

(5)

Sign Permit Expiration. A sign permit shall become null and void if the work for which the permit was issued is not completed within ninety (90) days of the date of issuance.

(6)

Authorized Sign Erectors. Every person before engaging or continuing in the business of erecting, repairing, or dismantling signs, poster boards, or other display signs in the City of Livonia, shall obtain an annual sign erector's license. The erector shall first furnish the City a public liability insurance policy, approved by the City Attorney, in the amount of one million dollars ($1,000,000.00) for injury to one (1) person and another one million dollars ($1,000,000.00) for injury to more than one (1) person, and property damage insurance policy in the amount of five hundred thousand dollars ($500,000.00) for damage to property, said policy to indemnify said erector from all damage suits or actions of every nature brought or claimed against the erector for or on account of injuries or damages to persons or property received or sustained by any person or persons through any act of omission or negligence of said erector, his or her servants, agents or employees in the erection, repair, or dismantling of any sign, poster board, or other display sign. Said policy shall contain a clause whereby said policy cannot be cancelled until after a written notice of intention to cancel has been filed with the Department at least ten (10) days prior to the date of cancellation. In lieu of an insurance policy as herein required, an erector may present proof satisfactory to the City Attorney that the said erector is financially capable of self-insurance in the above amounts. Said sign erector's license shall terminate upon the expiration or cancellation of the insurance policy unless evidence of renewal is filed with the Department. The license may be suspended or revoked in the manner provided by Section 11.12(8), revocation of license.

(7)

License Fees. The annual fees for licenses issued under this section shall be as provided in Section 15.56.070 of the Livonia Code of Ordinances, as amended.

(8)

Revocation of License. The Director of the Inspection Department, or his or her designee, may, after notice and service upon any holder of a license issued under this Ordinance, suspend any license heretofore or hereafter granted, for good cause shown. The City Council may revoke a sign license upon giving thirty (30) days' notice to the licensee of the reasons for the proposed revocation and a hearing held thereon. Upon such hearing the licensee may appear in person or together with counsel and contest such revocation.

The Zoning Inspector will order the removal of any sign for which no sign permit has been issued or signs erected in violation of this Ordinance in accordance with the following procedures:

(1)

Notify Property Owner of Violation. The Zoning Inspector will notify the property owner by first class mail describing the sign, specifying the violation involved, and ordering correction of the violation within 15 days. A similar notice will be posted on the property.

(2)

Timely Action by Property Owner. The property owner must remove the offending sign, obtain a permit if the sign can be conforming, or initiate an appeal to the Board of Appeals within 15 days of receipt of the letter.

(3)

Enforcement. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign must also be removed. Affected building surfaces must be restored to match the adjacent portion of the structure. If at the expiration of the time limit in said notice, the owner has not complied with the requirements thereof, or appealed the decision of the Zoning Inspector, the Zoning Inspector may carry out the requirements of the notice pursuant to Article XIV to seek the legal removal of the sign.

In the case of a sign which presents imminent danger to life or property the sign owner must take immediate action as is necessary to abate the danger. If the sign owner cannot be reached, the appropriate City Official may abate the danger in order to protect the health, safety, and welfare of the community.

It is the intent of this section to recognize that the existence of non-conforming signs is contrary to the best interests of the community. It is considered as much a subject of health, safety, and welfare as is the prohibition of the establishment of new signs in violation of the requirements of this Ordinance. It is hereby declared to be the policy of the City of Livonia, as expressed in this Ordinance, to remove non-conforming signs as expeditiously as is reasonable and as circumstances permit, having due regard for the rights of all parties concerned.

(1)

Maintenance. Nothing in this section shall relieve the owner or user of a non-conforming sign, or owner of property on which the non-conforming sign is located, from the provisions of this Ordinance regarding safety and maintenance of the sign.

(2)

Existing Signs. Any existing sign lawfully erected prior to the effective date of this Ordinance, which does not comply with all of the requirements and provisions hereof, may be maintained subject to the following provisions, but shall not be:

A)

Replaced by or changed to another non-conforming sign.

B)

Structurally altered so as to prolong the life of the sign or to change the shape, size, type, or design of the sign unless the sign is brought into conformance with the requirements of this Ordinance.

C)

Repaired or reestablished after damage or destruction, if the estimated expense of reconstruction exceeds fifty (50) percent of the cost of an identical new sign.

D)

Displayed, maintained, or placed by anyone other than the person who owned the premises on the date of adoption of this Ordinance.

E)

Reestablished or maintained after the activity, business, or usage to which it relates has been discontinued for a period of ninety (90) days or longer. In the case where the activity, business, or usage which is discontinued occupies a portion of a non-conforming multi-tenant wall or ground type business sign, that portion of the sign identifying the previous use shall be painted out or replaced with a blank panel of the same color as the background color that it replaces until such time as fifty (50) percent or more of the total sign area is blank, at which time the entire sign structure is to be removed or replaced with a conforming sign.

(3)

Alteration. No nonconforming sign shall be altered or reconstructed, unless the alteration or reconstruction is in compliance with the provisions of this Article. For the purpose of this Article only, the term "altered" or "reconstructed" shall not include normal maintenance; changing of surface sign space to a lesser or equal area, ornamental molding, frames, trellises or ornamental features or landscaping below the base line; or the addition, construction, installation or changing of electrical wiring or electrical devices, backgrounds, letters, figures or characters or other embellishments.

If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality must not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Article. It is intended that if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article is severed, the remaining parts, sections, subsections, paragraphs, subparagraphs, sentences, phrases, clauses, terms, or words of this Article must be considered independent, valid, and enforceable.