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A. All business and identification signs shall be deemed accessory uses and all advertising signs 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 appendix or any other applicable laws, codes or ordinances of the City Council. The City Inspector/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 appendix or any other applicable laws, codes, or ordinances of the City Council when the owner or agent has failed to comply within the time specified by the City Inspector/Zoning Administrator to make that sign comply. The owner or agent shall bear full costs 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. 1. Time schedule for compliance of sign regulations: Compliance with the provisions of this subchapter shall be according to the following time schedule:
a. All new signs shall comply when erected.
b. All existing signs, including signs painted on a building, shall be required to conform to the requirements of this appendix within six consecutive calendar months after the effective date of this appendix.
2. All signs becoming nonconforming due to this appendix shall be registered by owner or agent with the Zoning Administrator within six (6) consecutive calendar months of the effective date of this appendix. The owner or agent of any sign legally erected but which has become nonconforming because of this appendix and not registered within the prescribed time, shall be dealt with as specified in § 16.9 of this appendix.
E. No sign constituting a nuisance, because of light, glare, focus, noise, animation, flashing, intensity of illumination as to unduly disturb the use of surrounding properties, as determined by the City Inspector/Zoning Administrator, or causing a traffic hazard, shall be erected, maintained, or continued in any zone.
F. No radio, phonograph, tape recorder, whistle, bell, gong, siren, or other sound or 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, except for temporary signs erected for special events or holidays.
G. No sign shall be erected, maintained, or continued which constricts the flow of air through any window or door.
H. No sign shall be erected, maintained, or continued which is misleading, fraudulent, obscene, immoral, indecent, or unsightly in character as determined by the City Inspector/Zoning Administrator.
I. No advertising sign, except those of a governmental entity, shall be erected, maintained, or continued unless the following provision is complied with; and said provisions shall go into effect 90 consecutive calendar days after the effective date of this appendix. The name of the company or person owning, maintaining, 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 appendix.
K. It shall be unlawful and a violation of this appendix for any person to fasten, place, paint or attach in any way: 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 appendix.
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 City Inspector/Zoning Administrator.
M. No sign shall be erected, maintained or continued displaying flashing or intermittent lights, or lights, or lights of changing degrees of intensity with changes alternating on not less than a five second cycle.
N. No sign shall be erected, maintained or continued in any zone which does not comply fully with § 13.0 except as specifically permitted within this appendix.
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 shall not be permitted, or continued in any zone, except the CO Zone.
P. No sign shall be erected, maintained, or continued in any zone except as provided for in division D., 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 § 9.12.E., of this appendix 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, 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 § 14.2.
Q. When any sign becomes defective or dangerous as determined by the City Inspector/Zoning Administrator, the City Inspector/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 City Inspector/Zoning Administrator to repair or make the sign safe or has failed to satisfy the Building Department that the sign is not defective or dangerous. The owner or agent of said sign shall bear the bull costs of such removal and shall be billed accordingly. If the Building Department determines that the sign is of possible immediate danger to persons or vehicles, which may be passing nearby, the City Inspector/Zoning Administrator shall place or cause to have place, signs or barriers indicating the danger.
R. Whenever any sign which does not comply with the provisions and regulations of this appendix collapses, burns, or if the sign is removed from its location, except for normal maintenance, the sign shall not be replaced or reconstructed, except in full compliance with all of the provisions and regulations of this appendix.
S. The City Inspector/Zoning Administrator shall have the power and authority to remove or cause to have removed any and all signs which have been determined 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 two weeks from the date that the written notice is mailed by the City Inspector/Zoning Administrator. The owner or agent shall bear the full costs of such removal and shall be billed accordingly.
T. Except as otherwise specified in this appendix, signs shall be in conformance with the Building Code where applicable and shall be subject to the inspection and approval of the City Inspector/Zoning Administrator.
(Ord. 2017-6, passed 4-4-17)
The following signs may be permitted in any zone without a fee, but will require an application for a sign permit, as provided in § 14.4.
A. One real estate sign per acre not exceeding twelve square feet in outside area; single or double faced; maximum height of eight feet, which advertises the sale, rental or lease of the premises on which said sign is located. Said sign shall not be animated; may be illuminated but only by concealed lighting, and only until 10:00 p.m. Such signs shall be removed by owners or agent within ten consecutive calendar days after the sale, rental, or lease of the premises.
B. Professional name plates not exceeding one square foot in outside area, single or double faced; but shall not be animated or illuminated.
C. Bulletin board not over twelve square feet in outside area; single or double faced; maximum height of eight feet, for public, charitable or religious institutions when the same is located on the premises of said institution. Said sign shall not be animated; may be illuminated, but only by concealed lighting, and only until 10:00 p.m.
D. Signs not over 20 square feet in outside area, single or double faced; maximum height of eight feet, denoting the person, firm, architect, engineer, or contractor, when placed upon the premises where construction work is being performed. The sign shall be removed by owner or agent within ten consecutive calendar days after completion of project or that person’s or firm’s part of the project.
E. Memorial signs or tablets, containing the name of the building and the date of erection when built into the walls of the building and constructed of bronze, brass, marble, stone or other incombustible materials.
F. Traffic signs, provided that said signs are designed in accordance with the “Manual on Uniform Traffic Control Devices for Streets and Highways”, U.S. Department of Transportation, Federal Highway Administration.
G. Temporary signs, where permitted or required by the City Inspector/Zoning Administrator, to fulfill requirements of this appendix or other resolutions or regulations imposed by a governmental entity. Signs or decorations for special events or holidays may be permitted for a reasonable period of time, as determined by the City Inspector/Zoning Administrator. The type of sign and time period permitted shall be determined by the City Inspector/Zoning Administrator.
H. Repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon, unless a structural change is made.
I. Signs inside the building, but shall not include signs within open malls or open courts. Signs located inside buildings shall not be required to obtain a permit.
J. An additional sign for identifying products sold on the premises for permitted uses within any zone, conforming or nonconforming. The sign shall be limited to a totally enclosed flat single faced wall sign not to exceed 32 square feet and six inches in depth on the exterior wall on the street frontage. Permanent advertisement of a product by a sponsor may not exceed one-third of the total area of the sign. These signs shall not extend beyond the wall surface more than six inches. One sign is permitted per business. The sign may not be flashing or animated but may be illuminated by a concealed light source. Temporary signs are prohibited.
(Ord. 2017-6, passed 4-4-17)
No sign shall be erected, except as exempted or specified within this appendix, until all required fees have been paid to the proper authorities or their agents and a permit has been issued for such by the Building Department.
A. If any sign is removed and any new sign is erected in its place, a permit shall be obtained the same as if a new sign were erected at a new location subject to all requirements enumerated herein.
B. If any sign is removed for maintenance and replaced on the same supports, a new permit will not be deemed necessary if the size or type of sign is not changed.
C. If any sign is removed from one location and erected at a new location, a new permit shall be obtained.
D. Alternation or enlargement of any sign shall require a permit the same as for a new sign.
E. No permit shall be granted until after an application has been filed with the City Inspector/Zoning Administrator showing the plans and specifications, including dimensions, materials, and details of construction of proposed structure or until all provisions herein have been met.
(Ord. 2017-6, passed 4-4-17)
A. Application for a sign permit shall be made and submitted at the office of the City Inspector/Zoning Administrator on the appropriate forms furnished by said City Inspector/Zoning Administrator.
B. If any required information is left off of the application or if any of the submitted information is misrepresented on the application, the permit shall be denied or shall become null and void if already issued, regardless of actual construction being started or completed.
C. Any sign not erected or constructed as represented on the application upon which the permit was issued shall not be construed as a hardship case, but shall be construed as a misrepresentation of facts on the application and a violation of this appendix and the owner or agent shall be given a two week notice to remove said sign or correct the error.
(Ord. 2017-6, passed 4-4-17)
The fee for a sign permit shall be as provided for in § 19.0.
(Ord. 2017-6, passed 4-4-17)
The following classification of signs shall be deemed to include all signs permitted in any zone unless other signs are specifically listed and provided for. The classification of all signs shall be determined by the City Inspector/Zoning Administrator. (Permitted use and location of signs - see Section 14.7.)
(Ord. 2017-6, passed 4-4-17)
A. Class 1: the following signs meeting the following specifications shall constitute Class 1 and shall be only business or identification signs, as defined herein:
1. Structural type - Flat or window sign; single faced only.
2. Maximum size of sign - one square foot.
3. Maximum height above grade at top of sign - attached directly to building parallel to wall face.
4. Limitations on number of signs - One sign for each separate use that is a permitted use.
5. Other limitations: shall be neither animated nor illuminated.
B. Class 2: the following signs meeting the following specifications shall constitute Class 2 and shall be only business or identification signs, as defined herein:
1. Structural type - only one of the following type signs are permitted in Class 2 per each individual use: flat, window, or projecting sing; single or double face.
2. Maximum size of sign - two square feet.
3. Maximum height above grade at top of sign - attached to building and projecting no more than 18 inches from the wall face of the building.
4. Limitations on number of signs - one sign for each separate use that is a permitted use.
5. Other limitations: shall be neither animated nor illuminated.
C. Class 3: the following signs meeting the following specifications shall constitute Class 3 and shall be only business or identification signs, as defined herein:
1. Structural type - flat, ground or pole sign; single or double face.
2. Maximum size of sign - six square feet in outside area.
3. Maximum height above grade at top of sign - 12 feet.
4. Limitations on number of signs - one sign for each curb cut plus any number within the off-street parking areas.
5. Other limitations.
a. May be illuminated but only from a concealed light source and shall not be flashing, glaring or animated.
b. Shall be limited in subject matter to off-street parking directions and instructions and shall have no merchandise, manufacturing or service advertising.
c. No part of any ground or pole sign shall be closer than five feet from any property line.
d. No pole sign shall be, at its lowest point, less than ten feet from the ground.
D. Class 4: the following signs meeting the following specifications shall constitute Class 4 and shall be only business or identification signs, as defined herein:
1. Structural type - only one of the following signs are permitted in this class per each individual use: flat, window or ground sign, as defined herein.
2. Maximum size of sign - 12 square feet in outside area, except as specified in division D.4. of this section.
3. Maximum height above grade at top of sign - 20 feet.
4. Limitations on number of signs - the total outside area of all signs in a single designated land area shall not exceed in square feet the product of the number of acres, or fractions of acres, in the designated land area multiplied by 25. However, that the aggregate area of any sign may have an area of at least six square feet on premises of already developed use or an area of not more than 75 square feet on premises not developed.
5. Other limitations.
a. Shall not be animated; may be illuminated, but only from a concealed light source and only until 10:00 p.m.
b. Shall be temporary only; for advertising development, new construction, or the sale, lease, rental, remodeling and rebuilding of designated structures or a designated land area. Permits shall be temporary, and shall be valid for a period not exceeding 182 consecutive calendar days, but are renewable one time only for an additional 182 consecutive calendar days. Such signs shall be removed within ten consecutive calendar days after the completion of the project.
c. Shall be located only on the premises of the property being referred to.
d. No part of any ground sign shall be closer than five feet from any property line.
E. Class 5: the following signs meeting the following specifications shall constitute Class 5 and shall be only business or identification signs, as defined herein.
1. Structural type - individual letters only; single faced only.
2. Maximum size of individual sign.
a. Three square feet of area for each horizontal linear foot of building wall upon which the sign or signs are to be located.
b. Maximum size of letters shall be 42 inches in height.
c. The total size for individual letter signs shall be computed by taking the area enclosed within a rectangle that is needed to completely encompass each letter or insignia of the sign.
3. Maximum height above grade at top of sign - attached flat to building, but shall not extend above the top or ends of the wall surface on which the sign is placed.
4. Limitations on number of signs - one sign for each street frontage of the lot on which the primary permitted use is located, except that where a complex of buildings is an attached shopping complex or an attached group of buildings, only one such sigh shall be permitted for each individual separate business building. Separate business building shall be construed to mean space allotted to the operation of one firm, company, or incorporation having separate ownership, or separate rental or lease. A professional office building within such a complex if permitted within the zone under consideration, shall not be considered as containing separate businesses for this purpose, but shall have only one such sign regardless of how many firms, companies, or incorporation’s having separate ownership, rental, or lease within said office building.
5. Other limitations.
a. Shall be neither flashing nor animated.
b. May be illuminated, but only from a concealed light source.
c. Shall not extend outward from the building wall more than 12 inches except that if the sign is illuminated the reflectors may project not more than four feet beyond the face of the sign.
F. Class 6: the following signs meeting the following specifications shall constitute Class 6 and shall be only business or identification signs, as defined herein:
1. Structural type - flat or projecting sign, single or double faced.
2. Maximum size of individual sign - one square foot of area for each horizontal linear foot of building wall on the street frontage not to exceed 20 square feet.
3. Maximum height above grade at top of sign - attached to building, but shall not extend above the top or ends of the wall surface on which the sign is placed. All projecting signs shall be a minimum of eight feet above any public sidewalk and may extend into the public right-of-way over the sidewalk up to six inches from the edge of pavement/outside curb of the street.
4. Limitations on number of signs - one sign for each street frontage of the lot on which the primary permitted use is located except that where a complex of buildings are so constructed and maintained that said complex of buildings is an attached shopping complex or an attached group of buildings, only one such sign shall be permitted for each individual separate business building. Separate business building shall be construed to mean space allotted to the operation of one firm, company, or incorporation having separate ownership, or separate rental or lease. A professional office building within a complex, if permitted within the-zone under consideration, shall not be considered as containing separate business for this purpose, but shall have only one sign regardless of how many firms, companies or incorporation’s having separate ownership, rental, or lease within the office building.
5. Other limitations.
a. Shall be neither flashing nor animated.
b. May be illuminated, but only from a concealed light source.
c. Shall not have removable or interchangeable letters.
G. Class 7: the following signs meeting the following specifications shall constitute Class 7 and shall be only business and identification signs, as defined herein.
1. Structural type - pole sign or ground sign, single or double faced.
2. Maximum size of individual sign - 60 square feet.
3. Maximum height above grade at top of sign:
a. Pole: 20 feet.
b. Ground: ten feet.
4. Limitations on number of signs - one sign may be erected for each street frontage of the lot or building site on which the primary permitted use is located.
5. Other limitations.
a. Such a sign may be flashing and animated providing that the sign only uses LED lights and is constructed in such a manner as to prevent endangering pedestrians or vehicle traffic by moving parts.
b. No part of any ground or pole sign shall be set back closer than five feet from any property line.
c. All signs shall be located in a manner that they are wholly visible from the centerline of the abutting street which the sign faces from a minimum distance of 250 feet. No sign shall be located in a manner that it partially or wholly obstructs adjacent signs as viewed from the centerline of the abutting street from a minimum distance of 250 feet.
H. Class 8: the following signs meeting the following specifications shall constitute Class 8 and shall be only business or identification signs, as defined herein:
1. Structural type - ground sign; single or double faced.
2. Maximum size of individual sign - 25 square feet.
3. Maximum height above grade at top of sign - ten feet.
4. Limitations:
a. One sign may be erected for each street frontage of the lot or building site on which the primary permitted use is located.
b. One sign may be erected for identification purposes for each major entrance.
5. Other limitations:
a. Shall be neither flashing nor animated;
b. May only be illuminated from a concealed light source;
c. No part of any ground sign shall be closer than three feet from any property line.
I. Class 9: the following signs meeting the following specifications shall constitute Class 9 and shall be only business or identification signs, as defined herein:
1. Structural type - pole or ground sign; single or double faced.
2. Maximum size of single sign - 150 square feet.
3. Maximum height above grade at top of sign:
a. Pole: 30 feet;
b. Ground: ten feet.
4. Limitations:
a. One sign may be erected on each abutting major street identifying a shopping complex of three or more businesses located in a unified building or an attached group of buildings.
b. One sign may be erected along each abutting arterial street entrance into an industrial zone for the purposes of identifying an industrial development.
5. Other limitations.
a. The sign shall be neither flashing nor animated.
b. May only be illuminated from a concealed light source.
c. No part of any ground or pole sign shall be closer than five feet from any property line.
d. No pole sign shall be, at its lowest point, less than ten feet from the ground.
J. Class 10: the following signs meeting the following specifications shall constitute Class 10 and shall be only advertising signs, as defined herein:
1. Structural type - ground sign; single or double faced.
2. Maximum size of individual sign - 300 square feet.
3. Maximum height above grade at top of sign - 30 feet.
4. Limitations on number of signs:
a. No sign shall be located closer than 200 feet from any residential zone as measured along both sides of the street on which the sign abuts.
b. Only one sign may be erected on any lot, providing that such sign shall meet the minimum requirements of lot area, lot width, front, side, and rear setbacks in the particular zone where such signs are permitted. In addition, advertising signs shall be so located that the entire sign display area is visible at a minimum viewing distance of 250 feet, as measured along the centerline of the street on which the sign is facing.
5. Other limitations: no ground sign shall exceed 30 feet in length, except when adjoining such other ground sign at an acute angle.
K. Class 11: the following signs meeting the following specifications shall constitute Class 11 and shall be only business or identification signs, as defined herein:
1. Structural type: canopy (marquee) and canopy sign.
2. Maximum size of single sign: 150 square feet.
3. Minimum height above grad at lowest point or bottom edge of sign: ten feet.
4. Other limitations:
a. May be illuminated.
b. May extend over the sidewalk within the public right-of-way provided that said structure does not extend beyond the edge of the sidewalk over the street pavement;
c. A sign may be attached to the canopy provided that it is attached flat to the surface and that it not extend above or below the surface on which the sign is placed. In addition, the sign may not be located on the sides of the canopy.
L. Class 12: the following signs meeting the following specifications shall constitute Class 12 and shall be only a group business identification sign, as defined herein:
1. Structural type: double pole or ground sign.
2. Maximum size of sign: 100 square feet.
3. Minimum size of sign: 20 square feet.
4. Maximum size above grade:
a. Double pole sign: 20 feet;
b. Ground sign: 10 feet.
5. Limitation: only one side may be erected in the MLU zone for business in the MLU or CO zone to be placed on public property at the intersection of Dodd Drive and O’Fallon Avenue.
6. Other limitations:
a. The sign shall be neither flashing nor animated.
b. May only be illuminated from a concealed light source.
c. No part of any ground or double pole sign shall be closer than five feet from any property line.
d. No double pole sign shall be, at its lowest point, less than ten feet from grade level.
e. Owner of the sign may be no more than 20 square feet for the purpose of identification of the business.
f. Each additional business owner may lease from the owner of the sign ten square feet for the purpose of identification of the business.
g. The sign shall be so located that the entire sign display area shall be visible at a minimum viewing distance of 150 feet as measured along the center line of the street on which the sign is facing.
h. The sign shall not be installed without the approval of the City Inspector/Zoning Administrator and the issuance of a permit for said sign.
(Ord. 2017-6, passed 4-4-17)
The following classes of signs may be erected and maintained in the following zones (refer to figure 3 of this section for some illustrations of the various sign classes):
Zones
| Uses
| Permitted Sign Classes
|
Zones
| Uses
| Permitted Sign Classes
|
C-O, R-O | (1) any use permitted in these zones | 1, 2, & 4 |
(2) in addition to sign classes permitted in division 1 above: | 3 | |
(a) off-street parking areas | 5 & 8 or | |
(b) all the uses permitted or conditionally permitted in these zones | 6 & 8* | |
(c) boat docks, marinas, provided that the sign is moveable | 9 | |
R-1BC, R-1C, R-1D, R-1E, R-1G, R-1H, R-1JJ, & RMHP | (1) any use permitted in these zones | 4 |
(2) in addition to sign classes permitted in division 1 above: | 5 & 8 or | |
(a) conditional uses permitted in these zones | 6 & 8* | |
(b) off-street parking areas for conditionally permitted uses | 3 | |
(c) signs for identification of a residential subdivision | 8 | |
(d) nonconforming nonresidential uses | 5 or 6 | |
R-2, R-3, & R-4 | (1) any use permitted in these zones | 4 |
(2) in addition to sign classes permitted in division 1 above: | 3 | |
(a) off-street parking areas | 5 & 8 or | |
(b) conditional uses permitted in these zones | 6 & 8 | |
(c) signs for identification of a multi-family residential development | 8 | |
(d) nonconforming nonresidential uses | 5 or 6 | |
PUD, MLU, & RCD | As approved according to the approved development plan | |
(1) any use permitted in these zones | 1, 2, & 4 | |
(2) in addition to sign classes permitted in division 1 above: | 6 & 8* | |
(a) off-street parking areas | 3 | |
(b) signs for identification of a shopping complex (three or more businesses located in a unified building or attached group of buildings). However, each individual business in this complex may have | 5 or 6* 7 5 & 6* | |
(c) all other uses not located in a shopping complex (three or more businesses located in a unified building or attached group of buildings) | 5 & 8 & 11 or 6 & 8 & 11 | |
(d) signs for identification of a business which is located on a lot with at least 150 feet of road frontage | 7 | |
I-1 | (1) any use permitted in these zones | 1, 2, & 4 |
(2) in addition to sign classes permitted in division 1 above: | ||
(a) off-street parking areas | 3 | |
(b) and all other uses permitted in these zones | 5 & 8 or 6 & 8* | |
(c) signs for identification of an industrial development or park | 9 | |
MLU | (1) group business identification sign for businesses in MLU and CO zone | 12 |
*A combination of classes 6 and 8 signs may be used provided that the combined total number of square feet of sign area used shall not exceed one square foot of area for each horizontal linear foot of building wall upon which the sign is to be located. | ||
(Ord. 2017-6, passed 4-4-17)
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