A. Notwithstanding any part of this Ordinance to the contrary, all business and identification signs, as defined in SECTION 7.0 of this Ordinance, shall be deemed accessory uses and all advertising signs as defined in SECTION 7.0 of this Ordinance, shall be deemed nonaccessory 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 Ordinance or any other applicable laws, codes or ordinances of the City of Newport. 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 Ordinance or any other applicable laws, codes, or ordinances of the City of Newport when the owner or agent has failed to comply within the time specified by the Zoning Administrator to make said sign comply. Said owner or agent shall bear the 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 six hundred sixty (660) feet of the right of way of any interstate highways, limited access highway, or turnpike except as provided for in KRS 177.830 177.890 and approved of by the Kentucky State Highway Department District Office No. 6, as amended.
D. NONCONFORMING SIGNS:
1. CONTINUANCE: Except as herein specified, any nonconforming sign may be continued in operation and maintained after the effective date of this ordinance; provided, however, that no such sign shall be changed in any manner that increases the noncompliance of such sign with the provisions of this ordinance for the zone in which such sign is located.
2. TERMINATION: Any one of the following acts or conditions shall terminate, immediately, the right to operate or maintain a nonconforming sign.
a. Not meeting the requirements of Section 15.1 (B) of this Ordinance.
b. Changing to a conforming sign.
c. Abandonment. Abandonment shall be deemed to have occurred when the nonconforming activity ceases to operate and/or the premises are vacated so as to leave the property unoccupied for a period of at least three (3) consecutive calendar months.
d. Nonoperative or nonuse of said nonconforming sign.
e. Any sign, including all existing hardware, which meets the requirements of Section D.2. shall be removed within the time requirements as specified of Article XVI, Section 16.11.
3. ZONE CHANGE: The foregoing provisions shall also apply to signs, which become nonconforming due to zone changes which take place hereafter.
E. Notwithstanding any part of this Ordinance to the contrary, 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 Zoning Administrator, or causing a traffic hazard, shall be erected, maintained, or continued in any zone.
F. Notwithstanding any part of this Ordinance to the contrary, 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 purposed in any zone.
G. Notwithstanding any part of this Ordinance 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 Ordinance 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 Zoning Administrator.
I. Notwithstanding any part of this Ordinance to the contrary, no advertising sign, except those of governmental entity, shall be erected, maintained or continued unless 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 Ordinance.
K. It shall be unlawful and a violation of this Ordinance for any person to fasten, place, paint or attach in any way; any sign, handbill, poster, advertisement, or notice of any kind, whether political or otherwise 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 buildings, tree, or in or upon any portion of any public sidewalk, street or sign except as specifically permitted within this ordinance.
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 Zoning Administrator.
M. No sign shall be erected unless otherwise provided for in this ordinance, maintained or continued displaying flashing or intermittent lights, or lights of changing degrees of intensity, except a sign indicating time or temperature, with changes altering on not less than a five second cycle when such time or temperature sign does not constitute a public safety or traffic hazard, in the judgment of the Zoning Administrator.
N. Notwithstanding any part of this Ordinance to the contrary, no sign shall be erected, maintained or continued in any zone which does not comply fully with SECTION 12.0 of this Ordinance except as specifically permitted within this Ordinance.
O. Notwithstanding any part of this Ordinance to the contrary, no sign shall be erected, maintained, or continued in zones except as provided for in SECTION 15.1 D (1) 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 SECTION 15.1 Subsection D of this ordinance regarding nonconformance 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.
6. Compliance with the exemptions listed in SECTION 15.2 of this Ordinance.
P. Notwithstanding any part of this Ordinance to the contrary, when any sign becomes defective or dangerous as determined by the Building Department, 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 Zoning Administrator to repair or make said 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 full costs of such removal and shall be billed accordingly. If the Building Department 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 places, signs or barriers indicating such danger.
Q. Notwithstanding any part of this Ordinance to the contrary, whenever any sign which does not comply with the provisions and regulations of this Ordinance, 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 Ordinance.
R. Notwithstanding any part of this Ordinance to the contrary, the Zoning Administrator shall have the power and authority to remove or cause to have removed any and all signs which the City 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 two (2) weeks 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.
S. Except as otherwise specified in this Ordinance, signs shall be in conformance with the City of Newport's Building Code where applicable and shall be subject to the inspection and approval by the Building Inspector.
T. For the purpose of directing attention to commercial uses of City owned property, the City may erect one directional sign at each entrance of the zone in which the uses are located. Such signs shall be Class 8 and shall conform to the provisions of this article.