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1008.12 1008.13 (Rev. 10/10) Subd. 7. Signs that have blinking, flashing or fluttering lights. (Added, Ord. 801, 1-7-08; Ord. 816, 1-22-09) Subd. 8. Billboards, except as otherwise provided in this Chapter or Code. (Added, Ord. 801, 1-7- 08; Ord. 816, 1-22-09) Subd. 9. Beacons and searchlights. (Added, Ord. 847, 10-21-10) 1008.13 NONCONFORMING SIGNS: It is the intent of the City with this Chapter that nonconforming signs shall not be enlarged or expanded, nor should a person use this Chapter as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of the City with this Chapter to permit legal nonconforming signs to remain if such signs are safe, maintained in good condition and if such signs have not been abandoned, moved or removed. Any sign, including a billboard, legally existing at the time of the passage of this Ordinance that does not conform to the provisions of this ordinance shall be considered a legal nonconforming sign and may be continued including through repair, replacement, restoration, maintenance, or improvement but not including the moving, enlargement or expansion of the sign. “Expansion” shall be defined as any structural alteration, change or addition that is made outside of the original sign structure or design. (Ord. 679, 5-29-01; Ord. 769, 5-8-06; Ord. 816, 1-22-09) Subd. 1. Nothing in this Ordinance shall prevent the return or repair of a sign structure that has been declared unsafe by the Building Official to a safe condition. (Ord. 679, 5-29-01; Ord. 769, 5- 8-06; Ord. 816, 1-22-09) Subd. 2. When any lawful nonconforming sign is discontinued for more than one (1) year, or is changed to a conforming sign, any future sign or sign structure shall meet the provisions of this Chapter. (Ord. 679, 5-29-01; Ord. 769, 5-8-06; Ord. 816, 1-22-09) Subd. 3. Any legal, nonconforming sign shall be removed and shall not be repaired, replaced, restored, or rebuilt if it is damaged by fire or other similar peril to the extent of greater than fifty percent (50%) of its market value at the time of destruction and no sign permit or building permit (if applicable) has been applied for within one hundred eighty (180) days of the date of destruction. The City’s Building Official shall be responsible for making the determination whether a nonconforming sign has been destroyed greater than fifty percent (50%) of its market value at the time of destruction. In making this determination, the Building Official shall consider the market value of the entire sign at the time prior to the destruction and the replacement value of the existing sign. In the event a building permit is applied for within one hundred eighty (180) days of the date of the damage or destruction and the sign did not withstand damage greater than fifty percent (50%) of its market value at the time of destruction, the City may impose reasonable conditions upon the building permit in order to mitigate any newly created impact on adjacent properties. (Ord. 679, 5-29-01; Ord. 769, 5-8-06; Ord. 816, 1-22-09)