(1) As used in this section:
(a) Abandoned sign means a sign which no longer identifies a business conducted or product sold on the premises; any advertising sign which no longer directs attention to a bona fide business conducted, product sold, or activity or campaign being conducted or for which no legal owner can be found. A sign shall be deemed as abandoned when the conditions described above have been in evidence for a period exceeding one hundred eighty (180) days. For the purposes of this definition, an advertising sign shall not be deemed abandoned solely because the sign has contained no copy for a period exceeding one hundred eighty (180) days.
(b) Area of a sign means and shall be computed as follows:
1. Freestanding or projecting signs:
a. Any double-faced sign shall have only one (1) face, the largest, counted in calculating the area.
b. Any sign with three (3) or more sign faces shall have the area calculated by summing the area of the sign faces and dividing by two (2).
c. If the sign is composed of one (1) or two (2) individual cabinets, the area around and enclosing the perimeter of each cabinet or module shall be summed and totalled to determine the area. The perimeter of the measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc., provided there is no written copy on such embellishments and their total surface area (excluding pole covers provided such covers do not extend more than six (6) inches at any point from any structural member) does not exceed twenty-five (25) percent of the otherwise permitted sign area.
d. If the sign is composed of more than two (2) sign cabinets, or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single continuous geometric figure shall be the area of the sign. The measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc., provided there is no written copy on such embellishments and their total surface area (excluding pole covers provided such covers do not extend more than six (6) inches at any point from any structural member) does not exceed twenty-five (25) percent of the otherwise permitted sign area.
2. Wall signs: The area shall be within a single continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of the copy, including vertical and horizontal spacing between individual letters, logos, etc.
(c) Flashing or blinking sign means a sign, the illumination of which is not kept constant and which contains an intermittent or sequential flashing light source for the purpose of either attracting attention to the sign or as a method of changing copy.
(d) Freestanding sign means a sign, not attached to any building, and attached to the ground by poles, braces or other means.
(e) Height of a sign means the vertical distance measured from the highest point of the sign, including the frame and any embellishments, and the established grade at the adjacent street.
(f) Projecting sign means a sign which is attached directly to a canopy, marquee or wall of a building and which extends horizontally outward from such canopy, marquee or wall more than twenty-four (24) inches.
(g) Roof sign means a sign which projects above the cornice of a flat roof, or above the top edge of any roof, including the ridge line of a gabled or hipped roof. Such top edge shall not include any cupolas, pylons, chimneys or other minor projections above the roof line.
(h) Rotating or moving sign means a sign, any portion of which moves by mechanical means, motion of the wind or other means. Such motion does not refer to methods of changing copy used on an electronic message display system.
(i) Sign means any writing, pictorial representation, form, emblem, trademark, flag, banner, decoration (including material used to differentiate the sign copy from the background) or any figure which is written, printed, projected, painted, constructed or otherwise displayed upon or designed into a building, board, plate, canopy, awning, window, vehicle, or upon any object or device which by reason of its form, color, wording, symbol, design, illumination, motion or other characteristic is designed to attract attention to the subject thereof or is used as a means of identification, advertisement, announcement, or of illustrating products.
(2) The Lexington-Fayette Urban County Government Sign Review Board (hereinafter "sign review board" or "board") shall be appointed by the mayor with the approval of the urban county council and shall have the duties and authority stated herein.
(a) The board shall consist of nine (9) members. Three (3) of the initial members shall be appointed for terms of four (4) years, two (2) members for three (3) years, two (2) members for two (2) years and two (2) members for one (1) year. Subsequently, members shall be appointed for terms of four (4) years as vacancies occur or to fill the remaining term for any membership vacancy occurring during said term. The sign review board shall function during the amortization period established herein and shall be dissolved by the council at the conclusion of the period.
(b) The board shall adopt rules for the conduct of its duties, elect a chairman, and keep minutes of all meetings. Meetings shall be held at regularly scheduled times or the call of the chairman or in the chairman's absence, at the call of the vice-chairman. A quorum shall consist of five (5) members, but a lesser number may conduct meetings at which the purpose is collection of information provided no action binding on the board is taken at such meeting. All meetings and records of the board shall be public except as provided under provisions of the Kentucky Open Meetings and Open Records Laws. It shall take a majority of the entire board to approve an extension to the amortization period or to approve the designation of a sign as an historic landmark sign.
State law reference(s)—Open meetings of public agencies, KRS 61.805 et seq.
(c) The sign review board shall give notice of its meetings to all members and to the applicants which have business before the board at least seven (7) days prior to the meeting. The notice shall contain the date, time and place of the meeting and the subject or subjects to be considered. In addition, the board shall give notice containing the aforementioned information by one (1) publication in the newspaper of highest circulation in the county, not earlier than twenty-one (21) days nor later than seven (7) days prior to the board's meeting.
(3) Any sign which is prohibited by this subsection shall be removed or converted to a sign which is not prohibited by no later than October 13, 1984, and shall not be eligible for any time extension from the sign review board. The following signs shall be prohibited in the county:
(a) Flashing or blinking signs, except for permitted informational signs;
(b) Abandoned signs;
(c) Streamers, pennants and tag signs or similar signs or devices except when attached to a permitted temporary sign; and
(d) Any sign which emits any noise, odor or visible matter for the purpose of attracting attention to the sign.
(4) Any sign which is prohibited by this subsection shall be removed or converted to a sign which is not prohibited by no later than the end of the applicable time periods provided for herein, subject to any time extension granted by the sign review board.
(a) The following signs shall be prohibited in the county, subject to the amortization periods established in subsection (4)(b):
1. Rotating or moving signs;
2. Projecting signs except those permitted as conditional uses in the zoning ordinance;
3. Roof signs;
4. Any freestanding sign, any portion of which overhangs any part of a building;
5. Any existing individual sign which exceeds the maximum area or height limitations established for a particular sign in a particular zone by ten (10) percent or more; and
6. Any sign which exceeds the setback or other requirements as to location on a property, exceeds the limitations as to the number of signs permitted or is erected or mounted, incorporates any design features, information or copy, or is a design type not permitted in the zone in which the sign is located.
(b) Subject to any time extension granted by the sign review board any owner of a sign who desires to rely upon an amortization period longer than three (3) years shall file with the division of building inspection, by no later than July 15, 1985, a statement setting forth the current value and a written agreement to remove or bring the sign into conformance at or prior to the expiration of the amortization period applicable to that sign. "Current value" is defined as the cost to duplicate and erect the sign as of July 15, 1984, as determined by the statement of the sign owner. All signs subject to amortization shall be amortized as of July 15, 1984, notwithstanding any interim changes permitted by section 17-9 of the Zoning Ordinance. The time period for removal of the signs listed in subsection (4)(a) shall be established in the following table:
Current Value of the Sign | Deadline Date |
$1 to $500 | July 15, 1985 |
$501 to $2,000 | July 15, 1987 |
$2,001 to $5,000 | July 15, 1989 |
$5,001 to $10,000 | July 15, 1991 |
Over $10,000 | July 15, 1994 |
(c) The sign review board may grant extensions to the permitted years of amortization where it finds that the extension would not be contrary to the public interest. In no case, however, shall the permitted years plus extensions exceed fifteen (15) years. In approving or denying such an extension, the board shall consider any special or unusual conditions to the property, as well as any unnecessary or undue hardship that would result from the strict enforcement of the amortization provisions. In approving an extension, the board shall consider the facts and circumstances presented by the sign owner and allow the shortest time extension that would be fair and reasonable and in keeping with the intent of this section.
(d) The sign review board shall have the authority to declare certain signs as historic landmark signs, which shall mean the signs may remain in place until such a time as the owner desires to remove them. In designating a sign as an historic landmark sign, the board shall find all of the following and the reasons therefor, which shall be recorded in the minutes and records of the board:
1. The sign exhibits distinctive stylistic features and an unusual use of materials in the design;
2. The sign is an example of artistic design and skilled craftsmanship;
3. The sign is a significant part of the architectural or cultural history of the community; and
4. Preservation of the sign would be in the interest of the entire community.
(Ord. No. 260-83, § 1, 12-15-83; Ord. No. 167-85, § 1, 8-27-85)
Editor's note(s)—Section 3 of Ord. No. 260-83 declared the ordinance effective July 15, 1984.