§ 154.186 GENERAL RULES, REGULATIONS, AND LIMITATIONS.

   (A)   Notwithstanding any part of this chapter to the contrary, all business and identification signs , as defined in § 154.005 shall be deemed accessory uses and all advertising signs , as defined in § 154.005, shall be deemed non-accessory uses.

   (B)   No sign shall be erected, maintained, or continued unless it is in full compliance with the regulations for the zone in which it is located, all applicable provisions and regulations of this chapter or any other applicable laws, codes, or ordinances of the county. The Zoning Administrator shall have the duty and authority to remove or cause to have removed any sign not in full compliance with all applicable provisions and regulations of this chapter or any other applicable laws, codes, or ordinances of the county when the owner or agent has failed to comply within the time specified by the Planning and Zoning Commission to make said sign comply. Said owner or agent shall bear full cost of such removal and shall be billed accordingly.

   (C)   No signs shall be erected, maintained, replaced, relocated, repaired, or restored within a distance of 660 feet of the right-of-way of any interstate highways, limited access highway or turnpike, except as provided for in KRS 177.830 through 177.890 and approved of by the Kentucky Department of Transportation, Bureau of Highways, District Office Number 6, as amended.

   (D)   Time schedule for compliance of sign regulations.

      (1)   Notwithstanding any part of this chapter, compliance with the provisions of this subchapter shall be according to the following time schedule:

         (a)   All new signs shall comply when erected.

         (b)   Advertising signs , as defined herein, which become nonconforming after the effective date of this chapter, and located in any residential zone , shall be required to conform to the chapter within 12 consecutive calendar months after the effective date of this chapter.

         (c)   Advertising signs , as defined herein, which become nonconforming after the effective date of this chapter are located in any zone other than a residential zone , shall be required to conform to this chapter within 36 consecutive months after the effective date of this chapter.

         (d)   Business and identification signs , as defined herein, which became nonconforming after the effective date of this chapter, shall be required to conform within 60 consecutive calendar months after the effective date of this chapter.

      (2)   All signs becoming nonconforming due to this chapter shall be registered by owner or agent with the Zoning Administrator within six consecutive calendar months of the effective date of this chapter. The owner of any sign legally erected but which has become nonconforming because of this chapter and not registered within the prescribed time, shall be dealt with as specified in § 154.999.

   (E)   Notwithstanding any part of this chapter to the contrary, no sign constituting a nuisance, because of light, glare, focus, noise, animation, flashing , or intensity of illumination as to unduly disturb the use of surrounding properties, as determined by the Planning and Zoning Commission , or causing a traffic hazard, shall be erected, maintained, or continued in any zone .

   (F)   Notwithstanding any part of this chapter to the contrary, no radio, phonograph, tape recorder, whistle, bell, gong, siren, or other sound, noise- making, or transmitting device or instrument shall be allowed, permitted, or continued in connection with any sign or may it be used separately for advertising purposes in any zone .

   (G)   Notwithstanding any part of this chapter to the contrary, no sign shall be erected, maintained, or continued which constricts the flow of air through any window or door.

   (H)   Notwithstanding any part of this chapter to the contrary, no sign shall be erected, maintained, or continued which is misleading, fraudulent, obscene, immoral, indecent, or unsightly in character as determined by the Planning and Zoning Commission .

   (I)   Notwithstanding any part of this chapter to the contrary, no advertising sign , except those of a governmental entity, shall be erected, maintained, or continued unless the following provision is complied with; and said provision shall go into effect 90 consecutive calendar days after the effective date of this chapter: the name of the company or person owning, maintained, or erecting said sign is plainly displayed thereon.

   (J)   No sign shall be erected, maintained, or continued over or into any street, public way, or alley right-of-way, unless specifically provided for within this chapter.

   (K)   It shall be unlawful and violation of this chapter for any person to fasten, place, paint, or attach in any: any sign , handbill, poster, advertisement, or notice of any kind, or cause the same to be done in or upon any curbstone, lamp post, telephone pole, telegraph pole, electric light or power pole, hydrant, bridge, culvert, public drinking fountain, public trash container, courtesy benches, rest station building , tree, or in or upon any portion of any public sidewalk, street or sign , except as specifically permitted within this chapter.

   (L)   No sign shall be erected, maintained, or continued upon the inside of a curve of a street which causes any interference to sight distance in the opinion of the Planning and Zoning Commission .

   (M)   No sign shall be erected, maintained, or continued displaying flashing , or intermittent lights, or lights of changing degrees or intensity except a sign with a changeable electronic message board or electronic display screen, with changes alternating on not less than a five-second cycle or with messages scrolling steadily across the screen when such sign does not constitute a public safety or traffic hazard, in the judgement of the Planning Commission .

   (N)   Notwithstanding any part of this chapter to the contrary, no sign shall be erected, maintained, or continued in any zone which does not comply fully with § 154.150 except as specifically permitted within this chapter.

   (O)   Except as herein provided, signs shall be permanently attached to the ground or on the building which the sign is to serve. Signs located on portable type vehicles or temporary signs , not to not to exceed 12 square feet, may be permitted to advertise public, semi-public, charitable, or religious fund raising programs, the opening of a new business, special events, or for other temporary purposes. Said sign may be erected for not more than 14 consecutive calendar days and shall be removed by the owner or agent upon expiration of the time period provided for in the sign permit.

   (P)   Notwithstanding any part of this chapter to the contrary, no sign shall be erected, maintained, or continued in zones except as provided for in division (D) of this section, unless the sign complies with all of the following regulations:

      (1)   Is erected and maintained to advertise a use specifically permitted in the zone in which the sign is located, or for a nonconforming use subject to the limitations contained in § 154.147 (E) regarding nonconforming uses ;

      (2)   Is clearly incidental, customary to, and commonly associated with the operation of the use being advertised;

      (3)   Is established and controlled under and by the same ownership as the use being advertised;

      (4)   Is limited in location to the premises on which the use being advertised is located;

      (5)   Is limited in subject matter to the name, design, picture, or phone number and address of owner, operator, builder, sales agent, managing agent, lessor, or lessee of the premises or of the activities (including merchandise handled or services rendered) on the premises on which such sign is located and does not include any general commercial advertising unrelated to or extending in substantial degrees beyond the specifically permitted subject; and

      (6)   Compliance with the exemptions listed in § 154.187.

   (Q)   Notwithstanding any part of this chapter to the contrary, when any sign becomes defective or dangerous as determined by the Planning and Zoning Commission , the Zoning Administrator shall have the power and the authority to remove or cause to have removed such sign when the owner or agent has failed to comply within the time specified by the Planning and Zoning Commission to repair or make said sign safe or has failed to satisfy the Commission that the sign is not defective or dangerous. The owner or agent of said sign shall bear the full costs of such removal and shall be billed accordingly. If the Planning and Zoning Commission determines that said sign is of possible immediate danger to persons or vehicles, which may be passing nearby, the Zoning Administrator shall place or cause to have placed, signs or barriers indicating such danger.

   (R)   Notwithstanding any part of this chapter to the contrary, whenever any sign which does not comply with the provisions and regulations of this chapter, collapses, burns, or if said sign is removed from its location, except for normal maintenance, said sign shall not be replaced or reconstructed, except in full compliance with all of the provisions and regulations of this chapter.

   (S)   Notwithstanding any part of this chapter to the contrary, the Planning and Zoning Commission shall have the power and authority to remove or cause to have removed any and all signs which the County Engineer determines to be a traffic hazard, when the owner or agent responsible for the maintenance of said sign has failed to eliminate such traffic hazards within 30 days from the date that the written notice is mailed by the Zoning Administrator . Said owner or agent shall bear the full costs of such removal and shall be billed accordingly.

   (T)   Except as otherwise specified in this chapter, signs shall be in conformance with the county's building code where applicable and shall be subject to the inspection and approval by the Building Inspector .

(Ord. 0-11-82, passed 11-3-82; Am. Ord. O-02-12, passed 3-21-12) Penalty, see § 154.999