[Amended 1-20-2012 by Ord. No. 472]
A. 
Signs for a legal nonconforming use.
(1) 
If at the time of the adoption of the Bethany Beach Sign Ordinance, any signs that are being used in a manner or for a purpose that was otherwise lawful, but does not conform to the provisions of the Bethany Beach Sign Ordinance, shall be considered to be nonconforming legal signs.
(2) 
Such signs may continue only in the manner and to the extent that it existed at the time of the adoption, amendment or extension of the Bethany Beach Sign Ordinance.
(3) 
New or replacement signs for a nonconforming use shall be permitted with the following restrictions:
(a) 
The nonconforming sign may not be expanded or modified in any way that increases the sign's nonconformity nor may any illumination be added.
(b) 
It must remain structurally unchanged except for repairs and alterations.
(c) 
The nonconforming sign, if replaced, must be located in the same position on the property.
(d) 
The design and the color scheme shall blend in as much as possible with the zoning district in which the nonconforming sign is located.
(e) 
It cannot be reestablished once the sign structure has been removed.
B. 
Sign condition requirements.
(1) 
All legal nonconforming signs shall be subject to all requirements of the Bethany Beach Sign Ordinance regarding safety, maintenance and repair. Nonconforming legal signs shall be maintained in good condition, including nonstructural repairs and incidental alterations or copy alterations, such as repainting, which do not extend or intensify the nonconforming features of the sign.
(2) 
In the event legal nonconforming signs are not in above-said condition or are demolished and/or destroyed by any force whatsoever to the extent of 50% or more of the fair market value of the sign structure, such legal nonconforming signs shall then be made to conform to the Bethany Beach Sign Ordinance for the zoning district in which the sign is located. The fair market value shall be certified by the Building Inspector or his/her designee as to the depreciated replacement value of the sign.
C. 
Discontinuance of certain legal nonconforming signs.
(1) 
A legal nonconforming sign for a nonconforming use that is discontinued for a period exceeding 12 months, or is superseded by a conforming use, shall be considered a prohibited sign and shall be removed or brought into conformance upon establishment of a conforming use.