9-6[9-7](a)

Continuance. A nonconforming sign shall be allowed to continue in use subject to the following provisions. A nonconforming sign shall lose its nonconforming status and shall thereafter be considered an illegal sign, if any of the following events occurs:

(1)

The sign fails to conform to any applicable discontinuance requirements as established herein below.

(2)

The sign is not properly maintained in good condition.

(3)

(Owensboro, Whitesville) The sign is moved and thereafter does not comply with all regulations of this article.

(Unincorporated Daviess County) The sign is moved and thereafter does not comply with all regulations of this article, unless excepted by Section 9-6(c) below.

(4)

The sign is altered in any way that increases the degree of its nonconformity.

(5)

The sign is abandoned.

(6)

(Owensboro, Whitesville) The sign is damaged, destroyed, or deteriorated to the extent that the estimated cost of reconstruction exceeds fifty (50) per cent of the appraised replacement cost as determined by the Zoning Administrator.

(Unincorporated Daviess County) The sign is damaged, destroyed, or deteriorated to the extent that the estimated cost of reconstruction exceeds fifty (50) per cent of the appraised replacement cost as determined by the Zoning Administrator, unless excepted by Section 9-6(c) below.

9-7(b)

Discontinuance Requirements.

(1)

Nonconforming temporary signs shall conform to all provisions of this article upon its adoption.

(2)

Nonconforming flashing signs shall conform with the provisions of this article relating to lighting on or before December 31, 1989.

(3)

Nonconforming animated signs shall conform with the provisions of this article relating to animation on or before December 31, 1989.

(4)

Nonconforming on-premises permanent signs shall conform to all provisions of this article at such time as a new principal occupant takes occupancy of the premises where such signs are located.

(5)

Nonconforming signs located within the Downtown Overlay Districts shall comply with the provisions contained within Article XXI.

9-7(c)

Nonconforming Billboard Signs. (Unincorporated Daviess County only) A nonconforming billboard sign may be repaired if no substantial structural or dimensional changes are made. A nonconforming billboard sign may be substantially reconstructed or replaced by a new billboard sign at the same location, subject to the following requirements: Sign area shall not exceed the area of the original sign; sign height shall conform with current regulations; and, reconstruction or replacement of the sign shall be permissible by the state highway department if the sign's location is subject to state regulations applicable to state-sign-controlled highways.

(Ord. No. 37-2009, § 2, 10-20-2009)