(A) Purpose. The purposes of this chapter are:
(1) To assure maximum visibility along streets and to prevent unreasonable distraction for motor vehicle operators;
(2) To preserve and enhance natural scenic beauty and historical sites by the avoidance of unsightly cluttering of advertising signs and devices;
(3) To promote pedestrian safety;
(4) To facilitate police and fire protection;
(5) To provide for orderly and visible informative advertising opportunities for all business and attractions which benefit from appropriate signs and advertising devices.
(B) Scope. The provisions of this chapter shall apply to the construction, erection, use, location and maintenance of signs in all districts. The provisions of this chapter shall apply to signs existing on the effective date of the ordinance codified in this chapter. Signs in legal existence on the effective date of the ordinance codified in this chapter, but not in conformity with it, may remain in place; but the nonconforming use shall not be extended, enlarged or moved to occupy a portion of land or a structure except in conformity with this chapter. Only routine maintenance may be performed on the sign and its structure until such time as the sign is brought into conformance with these regulations. Unless otherwise permitted by this chapter, no new sign may be erected, constructed or displayed within the planning area after the effective date of the ordinance codified in this chapter unless all the provisions of this chapter are met.
(C) Signs and billboards placed along the federal and state highways, including U.S. 231, 79 and 70, must conform to the regulations of the Kentucky Department of Transportation in accordance with KRS 177.
(D) Signs permitted in zoning districts.
(1) Residential Districts.
(a) Unlighted real estate signs advertising the sale, rental, or lease of only the premises on which they are maintained. Such signs must not exceed ten (10) square feet in area and are to be used only temporarily. Real estate signs must be displayed at least five (5) feet from all lot boundaries.
(b) Signs advertising home occupations may not exceed one (1) square foot in area and must be affixed to the front of the building in which the activity is carried on.
(c) Churches, schools and other public and semi-public institutions may erect bulletin boards not exceeding twenty (20) square feet in area.
(d) Subdivisions may be identified by one (1) non-illuminated sign at each entrance. These signs shall not exceed thirty (30) square feet in area.
(2) Business and Commercial Districts.
(a) In the central business district advertising signs are permitted, but care must be taken to preserve the historical nature of the district. The use of lighting is permitted, but signs and advertising devices shall be placed on buildings in a flat manner and shall not extend more than twelve (12) inches from the building.
(b) Individual establishments in a commercial district which are not within a shopping center or a planned commercial district may choose to display either a free-standing sign or to hang a sign perpendicular to the front of the establishment. Such signs must not exceed one hundred (100) square feet in area, and the outermost edge of the sign must be at least ten (10) feet from the property line. These signs must be lit so long as they are not illuminated in such a way as to constitute a hazard inhibiting the vision of vehicle operators.
(3) Shopping Centers.
(a) For the purpose of this chapter, a "shopping center" is defined as two (2) or more commercial establishments which share a common place name such as "shopping center," "market place" or similar identification.
(b) A shopping center may have one (1) free-standing sign not exceeding one hundred (100) square feet in area exclusive of a directory of occupants. Signs on stores or service establishments within the center shall be placed on buildings in a flat manner, extending no more than twelve (12) inches outward from the building.
(4) Planned Commercial Developments. Each planned commercial development shall be permitted two (2) freestanding signs not over twenty-five (25) feet in height, or more than one hundred fifty (150) square feet in area, exclusive of any directory of firms. Other signs in the development shall be attached to the buildings in a flat manner and shall not extend from the building more than twelve (12) inches.
(5) Office and Professional District. Office or professional buildings may be designated by one (1) free-standing sign not exceeding one hundred fifty (150) square feet in area bearing the name of the building or complex, and listing the names of the tenants. Individual signs of tenants shall be affixed to the front or sides of the structure, or upon doors or windows.
(6) Industrial Districts.
(a) Industrial parks designated for multiple occupancy shall be permitted one (1) free-standing sign or billboard not to exceed one hundred fifty (150) square feet in area for each roadway or street which borders the park. No sign may be located closer to the street right-of-way than twenty (20) feet.
(b) Individual industry locations shall be permitted one (1) sign not exceeding one hundred fifty (150) square feet in area for each roadway or street which borders its property. Such sign(s) shall not be located closer than twenty (20) feet from the property border line(s). Other signs shall be affixed flat against buildings.
(c) Each industry, whether in a park, or occupying a separate lot, shall be permitted one (1) free-standing sign of not more than twenty (20) square feet for directional purposes to assure the convenience of vendors and visitors.
(E) Temporary signs. The following signs shall be permitted in all districts and shall not require a permit unless otherwise noted:
(1) Construction signs which identify the architects, engineers, contractors and other individuals or firms which are involved in a permitted project. Product logos may be displayed, but no additional advertising shall be allowed. Such signs shall be restricted to an area of sixteen (16) square feet for each firm. The signs must be restricted to the construction site, and shall be removed within fourteen (14) days after the completion of the advertised project.
(2) Real estate signs advertising the sale, rental or lease of premises shall be restricted to a total of thirty-five (35) square feet for properties other than residential. For residential properties the limit shall be ten (10) square feet. These signs shall not be illuminated, and must be removed within fourteen (14) days after the sale, lease or rental by the seller, lessor or his agent.
(3) Signs advertising an auction shall be limited to thirty-two (32) square feet in size, and shall be removed within seven (7) days after the auction occurs.
(4) Political campaign signs announcing the candidacy of individuals or those which seek support for or against a proposition to be voted on may be placed upon private property with the consent of the owner(s). Such political signs must not exceed twenty (20) square feet in area, and must be removed within seven (7) days after the vote is taken. Signs shall never be placed on telephone or electric poles.
(5) Street banners advertising a public entertainment or event require the approval of the zoning administrator. Such approval may be given for a period of thirty (30) days prior to the event. The banners must be taken down within seven (7) days after the event takes place.
(F) Portable signs.
(1) In locations other than planned commercial developments, or shopping centers, mobile, portable signs shall be permitted for periods of thirty (30) days for the purpose of advertising special events or sale specials which may be offered by an enterprise. Such signs must be placed so as not to obstruct the motorist's view of the right-of-way, and must be setback at least to the midpoint of the required setback line and the traveled portion of the roadway. In no instance shall such signs be closer than ten (10) feet to the roadway.
(2) A permit for the placement of portable signs must be obtained from the zoning administrator. Permits will be valid for a period of thirty (30) days from the date of issue, and are not renewable. A period of thirty (30) days must elapse before a portable sign may be displayed on the same lot.
(3) The fee for the issuance of a portable sign permit shall be five dollars ($5.00) for each thirty (30)-day period.
(G) Permanent signs, billboards. The purpose of this article is to promote and protect the public health, welfare, and safety by regulating existing and proposed billboard signs installation and usage. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, and preserve the scenic and natural beauty of designated areas. It is further intended to reduce billboard distraction and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more open space, and curb the deterioration of the natural environment and enhance community development.
(1) Permanent signs, such as billboards, are classified as structures within the meaning of this chapter and require that a permit be obtained prior to erection or construction. (As previously noted, billboards along federal aid highways are subject to state and federal regulations. However, the regulations of this title may be more stringent than those of the Kentucky Department of Transportation).
(2) No billboards shall be permitted in any residential district.
(3) Unless otherwise prescribed in other sections of this chapter, the following maximum dimensions apply to billboards:
(a) Maximum area: four hundred (400) feet square
(b) Maximum height: forty (40) feet
Measured from the average grade level at the base of the sign; however, if the average level at the base of the sign is lower than the average grade level of the adjacent highway, then the maximum height shall be thirty (30) feet, measured from the average grade level of the highway.
(c) Minimum distance from right-of-way or property line: twenty (20) feet.
(H) Permits for sign and billboard construction or erection.
(1) Applications for the construction or erection of new permanent signs, or for modifications of existing billboards and signs, shall be made to the zoning administrator on forms to be provided by said Zoning Administrator.
(2) A fee of twenty-five dollars ($25.00) shall accompany the application to defray the cost of issuing a permit and for the inspection of a sign after its installation. A fee of fifty dollars ($50.00) shall accompany the application to defray the cost of issuing a permit and for the inspection of a billboard after its installation.
(I) Billboards. For the purpose of this section, billboards shall be defined as a freestanding sign advertising a business, commodity, service, activity, or entertainment not taking place on the premises upon which the billboard is located. Billboards, where permitted, shall be set back from the established rights-of-way of any state or federal road or highway at least one hundred (100) feet, provided that any billboard adjacent to the William Natcher Parkway shall be set back six hundred sixty (660) feet from the established right-of-way. Signs and billboards located at the intersection of two (2) or more roads or highways shall meet the setback requirements of both roads and highways. Billboards shall be permitted only along state and federal highways in business, light and heavy industrial districts, and agricultural zoning districts. They shall be located no closer than five hundred (500) feet from any residential district or subdivision and shall not exceed a height that will impede the direct line of sight of a pre-existing residential dwelling or place of business. Billboards shall be located no closer than two hundred (200) feet apart measured from the center of each billboard on the same side of the road or highway and no closer than fifty (50) feet to the side or rear property line. Billboards shall be installed using one of three (3) approved construction specifications.
(1) Steel A-frame construction:
(a) This class of billboards is constructed with angle iron or steel supports with metal framing, and a single display panel. Supports may be imbedded in the ground.
(b) There may be a foundation of concrete or gravel. Lighting, if present, is either fluorescent or mercury vapor.
(2) Base specifications:
(a) Structure: steel pole, angle iron, I-beam or equivalent as primary support.
(b) Foundation: concrete, gravel or equivalent.
(c) Platform or catwalk: included in base.
(d) Panels: included in base.
(e) Apron: included in base.
(f) Lighting: included in base.
(g) Additional panels: none.
(3) Multi-mast structure: This class of billboards is constructed with steel pole, I-beam or equivalent as primary support, and a single display panel. Lighting is fluorescent or mercury vapor.
(4) Base specifications:
(a) Structure: steel pole, angle iron, I-beam or equivalent as primary support.
(b) Foundation: concrete gravel or equivalent.
(c) Platform or catwalk: included in base.
(d) Panels: included in base.
(e) Apron: included in base.
(f) Lighting: included in base.
(g) Additional panels: none.
(5) Monopole: This class of billboards is constructed with tubular steel support (of various circumferences), tubular steel framing, metal catwalk and a single display panel. The foundation is concrete. Lighting is fluorescent or mercury vapor.
(a) Structure: tubular steel supports.
(b) Foundation: poured concrete.
(c) Platform or catwalk: included in base.
(d) Panels: included in base.
(e) Apron: included in base.
(f) Lighting: included in base.
(g) Additional panels: none.
(J) Government signage. Any official informational signs, directional signs, or historical marker erected by a government agency is permitted in all zones and does not require a location or building permit.
(K) Lack of conflict. In no way shall the provisions of this article be taken to be in conflict with state or federal regulations regarding obstructions or placement of structures in the state or federal right-of-ways. In all cases, the most restrictive provision will apply.
(L) Ingress and egress free. No outdoor advertising display sign shall be erected, constructed, or maintained so as to obstruct any fire escape or any window or door or opening used as a means of egress or so as to prevent free passage from one part of a roof to any part thereof. No sign shall be attached in any form, shape, or manner to a fire escape and shall not be placed in such a manner as to interfere with any opening required for legal ventilation.
(M) Flashing signs. Flashing signs shall not be permitted in any zone, whether permanent or temporary on or off premise. Flashing signs shall be defined as a sign, the illumination of which is not kept constant in intensity at all times when in use. Illuminated signs which indicate time, temperature, weather or similar public service information, shall not be considered flashing signs. Revolving signs of constant illumination shall not be considered flashing signs.
(N) Temporary and political signs.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“TEMPORARY SIGN.” A sign intended for a use not permanent in nature. For the purposes of which is intended for use of one (1) year or less, unless otherwise allowed or waived in this section, shall be deemed a temporary sign.
“POLITICAL SIGN.” A temporary sign on private property with gained permission that consists of a poster, placard, board, banner or other similar medium that contains
a message related to a matter of public interest including but not limited to a candidate for office or a ballot issue, but containing no commercial message.
“RESPONSIBILITY FOR CANDIDATE ADVERTISEMENT.” Pursuant to KRS 121.190, identification of contributors and advertisers.
1. All newspaper or magazine advertising, posters, circulars, billboards, handbills, sample ballots, and paid-for television or radio announcements which expressly advocate the election or defeat of a clearly identified candidate, slate of candidates, or group of candidates for nomination or election to any public office shall be identified by the words "paid for by" followed by the name and address of the individual or committee which paid for the communication: except that if paid for by a candidate, slate of candidates, or campaign committee, it shall be identified only by the words "paid for by" followed by the name of the candidate, slate of candidates, or campaign committee, whichever is applicable. For television and radio broadcasts, compliance with Federal Communications Commission, regulations regarding sponsored programs and broadcasts by candidates for public office shall be considered compliance with this section.
2. The management of newspapers and magazines shall keep a one (1) year record of all statements, articles, or advertisements referred to in subsection 1. of this section, that appear in their publications, however, nothing in subsection 1. of this section shall be construed to require editors or editorial writers of newspapers and magazines to identify themselves in the manner therein required with any article or editorial written by them as part of their duties as an employee or employer.
(2) Temporary and or political signs should be set back to minimum of twenty five (25) feet from the center line on, the adjacent road or ten (10) feet from the right-of-way of the road as determined by the property owner's line intersecting with a defined right-of-way whichever is the greater distance. Where there is a substantial permanent barrier, either natural or constructed. between a sign and the roadway the Zoning Administrator may permit closer placement if public safety is not affected. All movable signs shall be classified as temporary signs. However such signs must be in compliance with all other regulations outlined in this section. All temporary signs must be in compliance with regulations for signs and billboards in regard to placement including visibility at intersections as outlined, For purposes of this section, a "MOVABLE SIGN" is any sign capable of being moved with the use of a mechanical device.
(3) Political campaign signage.
(a) Temporary political signs, should meet the following criteria:
1. Encourages a particular vote in a scheduled election.
2. Signs should be placed no sooner than one hundred twenty (120) days prior to the scheduled election and should be removed within ten (10) days after that election.
3. Is no larger than sixty four (64) square feet.
4. Have a Statement of Responsibility filed with the City of Morgantown certifying a person who will be responsible for removal of the sign. These forms are available at the County Clerk's Office or Morgantown City Hall.
(b) Political signs should be posted no earlier than one hundred-twenty,(120) days prior to an election. Political signs shall be removed no later than ten (10) days after a primary election. However, winners in a primary election, persons not opposed in a primary election, or other candidates who qualify for a general election, shall not be required to remove their signs until ten (10) days after the general election. The Commission shall require a signed notification, of intent to erect signs by the candidate or their authorized representative in lieu of a fee per sign. It will be the candidate or his authorized representative's responsibility to see that election signs are removed within the number of days that are specified for its removal. Candidates who fail to make the required notification may be charged a fee at the same rate charged for non-political signs. Such signs may be located on private property only with the owner's permission or consent. It shall be presumed the property owner has given permission or consents to the sign's placement unless the property owner notifies the city otherwise.
(O) Temporary Signage (yard sale and special event signage). All signs must be placed in conformity with this section except those that are advertising a yard sale, or special events, material should consist of card board or vinyl signs with areas not exceeding sixteen (16) square feet, mounted on furring strips or similar wooden material, may be placed without regard to this section, except that no sign shall be placed where it may be a hazard or have the potential to create a hazard. Signs not in conformity with this chapter or ones for which there has been no deposit or fee, will be covered over or removed if such signs are on public streets or right-of-ways. Sections of this section may also apply. Yard sale signs may be posted no earlier than fourteen (14) days prior to a sale. They must be removed no later than ten (10) days following the final day of the sale. Any temporary sign perceived by the Administrator as presenting a hazard to traffic or the general public shall be removed immediately by the owner upon written notice from the Zoning Administrator. Under no circumstances shall political or yard sale signs be posted on utility poles. All persistent or willful violations of these regulations may be penalized and fined fifty dollars ($50.00) in accordance with this Zoning Ordinance. Provisions regarding the regulation of other temporary signs apply as required in other sections of this article.
(P) Temporary sign exception (waiver request form). A waiver can be requested in writing by the vested group or organization from the Zoning Administrator or at City Hall. For the placement of temporary signs advertising public services and non-profit events and may be granted at the city’s discretion.
(Q) Amortization of nonconforming signs. All nonconforming signs must either be altered to conform with this chapter or be removed within a period of seven (7) years from the date of the approval of the ordinance codified in this chapter by the City Council.
(R) Sign maintenance.
(1) It shall be the duty of the Zoning Administrator to inspect all signs or billboards upon which a complaint has been made, or when the Zoning Administrator has a personal knowledge that a sign is not in compliance with zoning regulations.
(2) Should any sign become insecure or in danger of falling or otherwise unsafe in the opinion of the Zoning Administrator, the owner thereof or the person or firm maintaining the same, shall upon written notice from the Zoning Administrator, in the case of immediate danger forthwith and in any case within ten (10) days secure the same manner to be approved by the Zoning Administrator or remove such sign. If such order is not compliant within ten (10) days, the Zoning Administrator may remove such sign at the expense of the owner or lessee thereof.
(3) All signs for which a permit is required, together with all their supports, braces, guys, and anchors, should be kept in repair unless constructed of galvanized or non-corroding material and shall be thoroughly painted at least once every two (2) years. The Zoning Administrator may order the removal of any sign that is not maintained in accordance with the provisions of this section. Such removal shall be at the expense of the owner or lessee.
(4) Any sign now or hereafter existing which no longer advertises a reputable business shall be taken down and removed by the owner, his agent, or person having the beneficial use of the building, structure, or lot. Upon failure to comply with such notice within the time specified in such order, the Zoning Administrator is hereby authorized to cause the removal of such sign, and any expense incidental thereto shall be paid by the owner, of the building, structure, or lot to which the sign is attached. The Board of Adjustment may waive this requirement only for historic preservation purposes and when the owner can prove the need for the waiver to qualify for funding or tax credits.
(S) Violations. In any case where a sign shall be installed, erected, constructed or maintained and found to be in violation of any of the terms of this section, the Enforcement or Zoning Administrator shall notify by registered mail or written notice served personally to the owner or lessee thereof to alter such sign as to comply with this Zoning Ordinance and to secure the necessary permit therefor, or to remove the sign. If such order is not complied with within ten (10) days, the Zoning Administrator shall remove such sign at the expense of the owner or lessee thereof. Additionally, failure to comply with any of the provisions of this article shall result in a fifty dollar ($50.00) fine per violation, and shall be punishable under this section.
(Ord. 88-12 Art. 3 (3.024, 3.0241-3.0246), 1988; Am. Ord. 2013-08, passed 6-19-13; Am. Ord. 2014-02, passed 4-10-14)