(A) Signs lawfully existing on the date of adoption of this subchapter, which do not conform to the provisions of this subchapter, shall be deemed to be legal nonconforming "grandfathered" signs and may remain, except as otherwise specifically qualified in this subchapter. Such signs shall not be enlarged, extended, structurally reconstructed, replaced, or altered in any manner; except a sign face may be changed so long as the new sign face does not increase either height or sign area. This provision shall not have the effect of excusing any violation of any other ordinance, nor shall this provision have the effect of permitting the continued existence of any unsafe sign or any sign that is not in good state of repair.
(B) Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign. No repairs other than minor maintenance and upkeep of nonconforming signs shall be permitted except to make the sign comply with the requirements of this subchapter. A nonconforming sign which has been declared by the city to be unsafe because of its physical condition shall not be repaired, rebuilt, or restored unless such repair or restoration will result in a sign which conforms to all applicable provisions of this subchapter.
(C) All nonconforming signs because of the need for additional inspection, monitoring for compliance with this section and for the insurance that the nonconforming sign remains in safe condition, shall be subject to the following additional requirements:
(1) Pay a nonconforming sign fee in the yearly sum of five hundred dollars ($500.00);
(2) Provide to the city on a yearly basis a certification by a licensed professional engineer or architect that the sign is in compliance with the Kentucky Building Code, all other regulations related to safety and that all structural components are structurally sound and do not pose a risk of failure or otherwise in an unsafe condition to the public, private, or public property or individuals needing to work on or around the sign. The Codes Enforcement Officer shall review the certification and if necessary request that the City Engineer verify the accuracy of the certification.
(D) A nonconforming sign shall not be moved for any distance on the same lot or to another lot unless such change in location will make the sign conform to the provisions of this subchapter, and meet permit requirements of this subchapter.
(E) If a nonconforming sign is removed or discontinued for any period of time, except for normal maintenance and repair, as defined in this chapter, or for maintenance of a building if such sign is attached to a building, the subsequent erection of a sign shall be in accordance with the provisions of this subchapter.
(F) A nonconforming sign which is changed to or replaced by a conforming sign shall no longer be deemed nonconforming, and thereafter such sign shall be in accordance with the provisions of this chapter.
(G) As a consequence, when a nonconforming sign is destroyed or damaged by any casualty to the extent not exceeding 40% of its appraised value may be restored within sixty (60) days after such destruction or damage that shall not be enlarged or moved in any manner.
(H) If such sign is so destroyed and damaged to the extent exceeding 40%, it shall not be reconstructed except for a sign which would be in accordance with the provisions of this section. It shall be incumbent upon the applicant to supply the Codes Enforcement Officer with any necessary information needed in order to determine if replacement value constitutes the sign being brought into conformity with the existing regulations.
(Ord. O-2019-20, passed 7-22-19)