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Newport, KY Code of Ordinances
CITY OF NEWPORT, KENTUCKY CODE OF ORDINANCES
PREFACE
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: MISCELLANEOUS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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SECTION 15.6 CLASSIFICATION OF SIGNS:
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 Zoning Administrator. (Permitted use and location of signs see SECTION 15.7)
   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: Window signs and coverings; single faced only.
      2.   MAXIMUM SIZE OF SIGN: No restriction on size of any individual graphics/signage. Letters shall not exceed twenty-four inches (24") in height.
      3.   MAXIMUM HEIGHT ABOVE GRADE AT TOP OF SIGN: Attached directly to the inside surface of the window hole parallel to wall face as defined in SECTION 7.0 of this Ordinance.
      4.   LIMITATIONS ON NUMBER OF SIGNS: One (1) Class 1 sign shall be permitted per each individual use.
      5.   OTHER LIMITATIONS:
         (a)   Shall be neither animated nor illuminated.
         (b)   Window signs and coverings shall comply with the following requirements:
            (1)   Window Perforation Film: Allows 50% open/50% opaque film covering. Perforated film background colors to be in 75% - 100% grayscale only. Perforated film to be consistent across frontage of the business. No perforated film allowed on entry doors.
            (2)   Window Tinting: The same shall apply to clear windows. Tinting to be consistent across frontage of the business. No reflective and/or bronze tinting is allowable. No tinting shall be allowed on entry doors. Anv signage thereon shall not exceed twenty percent (20%) of the total window coverage.
   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: Ground or pole sign; single or double-faced.
      2.   MAXIMUM SIZE OF SIGN: Four (4) square feet in outside area.
      3.   MAXIMUM HEIGHT ABOVE GRADE AT TOP OF SIGN: Six (6) feet.
      4.   LIMITATIONS ON NUMBER OF SIGNS: One (1) sign for each curb cut, plus a maximum of four (4) signs within the off street parking area.
      5.   OTHER LIMITATIONS:
         (a)   May be illuminated but only from a concealed light source and shall not be flashing, glaring nor animated.
         (b)   Shall be limited in subject matter to off street parking directions and instructions and shall not contain any advertisement of product or merchandise.
         (c)   No part of any ground or pole sign shall be closer than five (5) feet from any property line.
         (d)   No pole sign shall be, at its lowest point, less than four (4) feet from the ground.
   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: Individual letters only; single face only.
      2.   MAXIMUM SIZE OF SIGN:
         (a)   One (1) square foot of area for each horizontal linear foot of building wall upon which the sign or signs are to be located, except that in the SC and RFD Zones the ratio shall be one and one-half (1½) square foot for each horizontal linear foot of building wall per which the sign or signs are to be located.
         (b)   Maximum size of letters shall be thirty six (36) inches in overall height.
         (c)   Exposed neon may be used, subject to the approval of the Board of Adjustments.
         (d)   The total size for individual letter signs shall be computer by taking the area enclosed within a rectangle that is needed to completely encompass the letter or insignia of the sign.
      3.   MAXIMUM HEIGHT ABOVE GRADE AT TOP OF SIGN: Attached flat to building but shall not extend above or beyond any wall of the building as defined in SECTION 7.0 of this Ordinance.
      4.   LIMITATION ON NUMBER OF SIGNS: One (1) sign for each street frontage of the lot on which the primary permitted use is located, except that where a complex of buildings in an attached shopping complex or an attached group of buildings only one (1) 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 (1) firm, company, or corporation 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 (1) such sign regardless of how many firms, companies, or corporations have 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.
   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: Flat sign; single faced only.
      2.   MAXIMUM SIZE OF SIGN: One (1) square foot of area for each horizontal linear foot of building wall upon which the sign or signs are to be located, except that in the SC and RFD Zones the ratio shall be one and one-half (1½) square feet of area for each horizontal linear foot of building wall upon which the sign or signs are to be located.
      3.   MAXIMUM HEIGHT ABOVE GRADE AT TOP OF SIGN: Attached to building, but shall not extend above or beyond any wall of the building as defined in SECTION 7.0 of this Ordinance.
      4.   LIMITATION ON NUMBER OF SIGNS: One (1) 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 (1) 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 (1) 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 (1) such sign regardless of how many firms, companies, or incorporations 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)   Exposed neon may be used, subject to the approval of the Board of adjustments.
   E.   CLASS 5: The following signs meeting the following specifications shall constitute Class 5 and shall be only business or identifications signs, as defined herein.
      1.   STRUCTURAL TYPE: Ground sign; single or double faced.
      2.   MAXIMUM SIZE OF SIGN: Twenty five (25) square feet.
      3.   MAXIMUM HEIGHT ABOVE GRADE AT TOP OF SIGN: Ten (10) feet.
      4.   LIMITATIONS:
         (a)   One (1) sign may be erected for each street frontage of the lot or building site on which the primary permitted use is located.
         (b)   One (1) sign may be erected for identification purposes of a residential subdivision.
         (c)   For individual businesses in the NC zone, not part of a shopping center complex, where the principal. building is set back fifty (50) feet or more; one (1) sign is permitted.
      5.   OTHER LIMITATIONS:
         (a)   Shall be neither flashing or animated.
         (b)   May be illuminated, but only from a concealed light source.
         (c)   No part of any ground sign shall be closer than five (5) feet from any property line.
   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: Ground signs; single or double-faced.
      2.   MAXIMUM SIZE OF SIGN: One hundred fifty (150) square feet.
      3.   MAXIMUM HEIGHT ABOVE GRADE AT TOP OF SIGN: Thirty (30) feet.
      4.   LIMITATIONS:
         (a)   One (1) sign may be erected on each abutting major street identifying the name of shopping complex of three (3) or more businesses located in a unified building or an attached group of buildings. One LED sign is permitted per each shopping complex entry sign in the SC zone.
         (b)   One (1) sign may be erected along each abutting arterial street entrance into an Industrial Zone for the purposes of identifying the name of the Industrial Park.
      5.   OTHER LIMITATIONS:
         (a)   Shall be neither flashing or animated.
         (b)   May be illuminated, but only from a concealed light source.
         (c)   No part of any ground or pole sign shall be closer than five (5) feet from any property line.
         (d)   No pole sign shall be, at its lowest point, less than ten (10) feet from the ground.
   G.   CLASS 7: The following signs meeting the following specifications shall constitute Class 7 and shall be only business or identification signs, as defined herein.
      1.   STRUCTURAL TYPE: Canopy and/or canopy signs.
      2.   MAXIMUM HEIGHT ABOVE GRADE AT BOTTOM OF SIGN: No such canopy and/or canopy sign shall be less than eight (8) feet in height as measured between the ground level and the lowest point or bottom edge of said canopy or canopy sign.
      3.   MAXIMUM HEIGHT ABOVE GRADE AT TOP OF SIGN: No such canopy or canopy sign shall be more than fourteen (14) feet in height as measured between the ground level and the highest or top edge of said canopy or canopy sign.
      4.   MAXIMUM SIZE OF SIGN: No canopy sign shall extend above or below the limits of the canopy upon which it is attached. The canopy sign may extend the full length of the canopy, however, the total signage area for the canopy sign shall not exceed one hundred fifty (150) square feet in outside area.
      5.   OTHER LIMITATIONS:
         a.   Shall be neither flashing or animated.
         b.   The canopy sign may be illuminated from a concealed light source.
         c.   No portion of any canopy or canopy sign shall be permitted to come closer than five (5) feet of any public right-of-way
         d.   The Building Inspector shall not issue any permit for the erection or maintenance of a canopy or canopy sign until after an application has been filed with the department for such a permit, which application shall set forth in detail the plans and specifications and location of said canopy or canopy sign. When required by the Zoning administrator, said applicant shall furnish complete proof, in the form of engineering calculations, stress diagrams, etc., that the building to which the canopy (marquee) or canopy sign is to be attached is so built that the addition of the canopy (marquee) or canopy sign to the building will, in no case, stress the building supporting said canopy (marquee) or canopy sign beyond the limits of safety, as defined by the Building Code.
   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: Projecting sign; double faced.
      2   MAXIMUM HEIGHT ABOVE GRADE AT BOTTOM OF SIGN: No such projecting sign shall be less than eight (8) feet in height as measured between the ground level and the lowest point or bottom edge of said projecting sign.
      3   MAXIMUM HEIGHT ABOVE GRADE AT TOP OF SIGN: Attached to building, but shall not extend above or beyond any wall of the building as defined in SECTION 7.0 of this Ordinance.
      4.   MAXIMUM SIZE OF SIGN: Fifteen (15) square feet.
      5.   LIMITATION ON NUMBER OF SIGNS: Only one (1) projecting sign per first floor tenant shall be permitted. Projecting signs may be used in combination with either Class 1 or Class 4 signs, provided that the combined total number of square feet of sign area used shall not exceed one (1) square foot of area for each horizontal linear foot of building wall upon which the sign or signs are to be located.
      6.   OTHER LIMITATIONS:
         a.   Shall be neither flashing nor animated. The projecting sign may be illuminated from a concealed light source. May not have removable or interchangeable letters. No portion of any projecting sign shall be permitted to extend into public right-of-way more than one half of the width of the sidewalk.
         b.   The Building Inspector shall not issue any permit for the erection or maintenance of a projecting sign until after an application has been filed with the department for such a permit, which application shall set forth in detail the plans and specifications, method of support and attachment and location of said projecting sign. When required by the Zoning administrator, said applicant shall furnish complete proof, in the form of engineering calculations, stress diagrams, etc., that the building to which the projecting sign is to be attached is so built that the addition of the projecting sign to the building will, in no case, stress the building supporting said projecting sign beyond the limits of safety, as defined by the Building Code.
(Am. Ord. O-2016-024, passed 12-12-16)
SECTION 15.7 PERMITTED USE AND LOCATION OF SIGNS:
The following classes of signs may be erected and maintained in the following zones.
TABLE 16
PERMITTED USE AND LOCATION OF SIGNS
ZONES
USES
PERMITTED
TABLE 16
PERMITTED USE AND LOCATION OF SIGNS
ZONES
USES
PERMITTED
C O
(1) Any use permitted in this zone
1
 
(2) In addition to sign classes permitted in (1):
 
 
(a)   Off street parking areas (excluding parking garages).
2
 
(b)   All the following uses permitted in this zone (including parking garages):
 
 
1.   Public owned and/or operated parks, and/or recreation areas including swimming pools.
3 and 5
or 4 and 5
 
2.   Recreational uses other than those publicly owned and/or operated such as golf courses, country clubs, and semi public swimming pools.
3 and 5 or
4 and 5
 
(3)   Conditionally permitted uses.
3 and 5
or 4 and 5
R-1, R-2 and R-3
(1) Conditional uses permitted in these zones:
1,3 and 5
or 4 and 5
 
(2) Special permitted uses
3 or 4
R 4 and R-5
In addition to sign classes permitted in (1):
 
 
(a)   Off street parking areas
1 and 2
 
(b)   Conditional uses permitted in these zones
3 and 5 or
4 and 5
SC & NC
(1)   Any use permitted in these zones
1
 
(2)   In addition to sign classes permitted in (1):
 
 
(a)   Service stations
3 and 5 or 4 and 5
 
(b)   Off street parking areas (excluding parking garages)
2
 
(c)   And all uses other than service stations and off street parking areas, (however, including parking garages) permitted in these zones
3 and 4
 
(d)   Signs for identification of name of shopping complex (3 or more businesses located in a unified building or attached group of buildings).
6
 
(e)   Individual businesses not a part of a shopping center complex, where the principal building is set back 50 feet or more.
5
 
(f)   Class 6 signs, where the use to which is located along an arterial street in a NC-District
6
* A combination of classes 3 and 4 signs may be used provided that the combined total number of square feet of sign area used shall not exceed one (1) square foot of area for each horizontal linear foot of building wall upon which the sign or signs are to be located.
 
 
 
CBD,CBDF, RFD
(1) Any use permitted in these zones
1
 
(2) In addition to sign classes permitted in (1):
 
 
(a)   Service stations
3 and 5 or 4 and 5
 
(b)   Off street parking areas (excluding parking garages.
2
 
(c)   All other uses other than service stations and off street parking area (however, including parking garages) permitted in this zone
3,5 and 7 or 4,5 and 7
 
(d)   Projecting signs in CBD only
8
* A combination of class 3 and 4 signs may be used provided that the combined total number of square feet of sign area used shall not exceed one (1) square foot of area for each horizontal linear foot of building wall upon which the sign or signs are to be located.
 
ZONES
USES
PERMITTED
ZONES
USES
PERMITTED
P O
(1) Signs for identification of name of office complex (3 or more office uses located in a unified building or attached group of buildings), however, each individual office in this complex may have:
3 or 4
 
(2) All other uses not located in an office complex (3 or more offices located in a unified building or attached group of buildings) including parking garages.
3 and 5 or
4 and 5
I 1
(1) Any use permitted in this zone
1,2 and 4
 
(2) In addition to sign classes permitted in (1):
 
 
(a)   Off street parking area (excluding parking garages).
3
 
(b)   An all uses other than off street parking areas (however, including parking garages) permitted in this zone.
5 and 7 or
6 and 7*
 
(c)   Signs for identification of name of industrial park.
8
I-2
(1) Any use permitted in these zones.
1
 
(2) In addition to signs classes permitted in (1):
 
 
(a)   Off street parking areas (excluding parking garages).
2
 
(b)   An all uses other than off street parking areas (however, including parking garages) permitted in these zones.
3 and 5 or
4 and 5
 
(c)   Signs for identification of industrial area.
6
* A combination of classes 3 and 4 signs may be used provided that the combined total number of square feet of sign area used shall not exceed one (1) square foot of area for each horizontal linear foot of building wall upon which the sign or signs are to be located.
 
(Am. Ord. O-2018-011, passed 9-18-2018)
SECTION 15.8 VARIANCES: SIGNS
The foregoing subsections of Article XV shall be subject to the same provisions regarding variances herefrom as provided by all the provisions of SECTIONS 18.6 and 18.7 of this ordinance.
SECTION 15.9 TEMPORARY SIGNS FOR SPECIAL EVENTS:
Temporary signs for the advertisement of special events shall be permitted within the City of Newport, subject to the provisions of this Section and all other applicable City and State laws, ordinances, and regulations.
A. DEFINITION: A special event is defined as an occurrence sponsored by a business or other organization (whether non-profit or for profit) for a specific purpose. Such an event is typified by, but not limited to, grand openings; going-out-of-business sales; sales; fund raising drives; religious, charitable, educational, or political festivals, meetings or rallies; carnivals or circuses; and other events incidental to the operation of a business or organization.
B. TYPES OF SIGNS PERMITTED: A person, business, or organization shall be permitted to erect one of the following signs for each special event:
1. Mobile Sign -- A mobile ground sign may be used. The maximum size for such a sign shall be 4' X 8', exclusive of the sign frame and wheel assembly. Such sign may be Illuminated from a concealed light source and may be single - or double-faced. A mobile sign may not be flashing or animated and may not display exposed light bulbs or neon tubing.
2. Ground Sign -- A ground sign, either single- or double-faced, may be permitted. The maximum size of such a sign shall be 32 square feet in single-face. A ground sign may be illuminated from a concealed light source, but may not be flashing or animated.
3. Banner -- A banner may be permitted, up to the size of 3' X 25'. Such banner shall be mounted flat on a wall surface and may not extend above the roofline of a building. A banner shall not be illuminated.
OTHER LIMITATIONS: All signs must be located only on the premises where the special event is to occur. They may not be placed within the public right-of-way, nor attached to trees, utility poles, or other structures within the right-of-way. Signs may not be placed on sidewalks or other public ways.
C. PERMIT REQUIRED: Prior to the erection of a special event sign, a permit shall be obtained from the Zoning Administrator. A person, business, or other organization may obtain one special event sign per calendar, quarter, for a total of four permits annually.
A drawing of the proposed sign shall be submitted with the permit application, along with a fee of $5.00. Once issued, a permit is valid for a period of fourteen calendar days. Upon expiration of the permit, the applicant shall remove the special event sign within twenty-four hours.
D. PENALTIES: Any person, business, or organization that violates the provisions of this section shall be subject to penalties as provided in Article XVI of the Zoning Ordinance. Furthermore, any person, business, or organization that fails to remove the temporary sign at the expiration of the 14-day period, as required in this section, shall not be allowed to install any additional special event signs, as regulated by this section, for a period of one year.
ARTICLE XVI
ADMINISTRATION
SECTION 16.0 ENFORCING OFFICER:
A Zoning Administrator and/or his/her designee (official or officials appointed by the City of Newport, Commonwealth of Kentucky for carrying out the provisions and enforcement of this Ordinance) shall administer and enforce this Ordinance. He may be provided with assistance of such other persons as the City of Newport directs. If the Zoning Administrator finds that any of the provisions of this Ordinance are being violated, he shall take such action as is permitted by law. In addition to the foregoing, the Zoning Administrator shall have the authority to order discontinuance of illegal use of land, buildings, structures, signs, fences, or additions, alterations or structural changes thereto and; discontinuance of any illegal work being done. All questions of interpretation and enforcement shall be first presented to the Zoning Administrator, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Zoning Administrator, and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by State Statutes, Commonwealth of Kentucky. It shall be illegal for any persons or entity to interfere with the Zoning Administrator's performance of his duties as defined herein.
SECTION 16.1 ZONING PERMITS:
Zoning permits shall be issued in accordance with the following provisions:
   A.   ZONING PERMIT REQUIRED: No public or private building or other structure shall be erected, moved, added to, structurally altered or changed from one (1) permitted use to another, nor shall any grading take place on any lot or parcel of ground without a permit issued by the Zoning Administrator. No zoning permit shall be issued except in conformity with the provisions of this Ordinance, except after written orders from the Board of Adjustment.
   B.   APPLICATION FOR ZONING PERMITS: All applications for zoning permits shall be accompanied by:
      1.   A completed application form provided by the Zoning Administrator.
      2.   The required fee for a zoning permit as provided for in SECTION 19.0 of this Ordinance.
      3.   A development plan, if required by this Ordinance; or
      4.   A plot plan in triplicate drawing at a scale of not less than one (1) inch to one hundred (100) feet showing the following information as required by this Ordinance.
         (a)   The location of every existing and proposed building with number of floors and gross floor area, the use or uses to be contained therein, the number of structures including dimensions and height, and the number, size, and type of dwelling units.
         (b)   All property lines, shape, and dimensions of the lot to be built upon.
         (c)   Lot width at minimum building setback line.
         (d)   Minimum front and rear yard depths and side yard widths.
         (e)   Existing topography with a maximum of two foot (2') contour intervals. Where existing ground is on a slope of less than two (2) percent, either one (1) foot contours or spot elevations not more than fifty (50) feet apart shall be required.
         (f)   The proposed finished grade of the development area shown by contours with intervals not larger than two (2) feet supplemented where necessary by spot elevations.
         (g)   Total lot area in square feet.
         (h)   Location and dimensions of all curb cuts, driving aisles, off street parking and loading and/or unloading spaces including number of spaces, angle of stalls, and illumination facilities.
         (i)   Layout, type of surfacing, cross sections, and drainage plans for all off street parking facilities.
         (j)   A drainage plan of the lot area including provisions for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction.
         (k)   All sidewalks, malls, and open spaces.
         (l)   Location, type and height of all walls, fences, and screen plantings.
         (m)   Location, size, height, class, and orientation of all signs.
         (n)   Location of all existing and proposed streets including right of way and pavement widths.
         (o)   All existing and proposed water and sanitary sewer facilities, indicating all pipe sizes, types, and grades.
         (p)   And such other information as may be required by the Zoning Administrator to determine conformance with and provide for enforcement of this Ordinance and State Statutes of the Commonwealth of Kentucky.
   C.   ISSUANCE OF ZONING PERMIT: The Zoning Administrator shall either approve or disapprove the application (when required by this Ordinance (e.g., Development Plan submitted required) Planning and Zoning Commission or its duly authorized representative, approval or disapproval shall also be required). If disapproved, two (2) copies of the submitted plans shall be returned to the applicant marked "Disapproved" and shall indicate the reasons for such disapproval thereon. Such disapproval shall be attested by the Zoning Administrator's signature. The other copy, similarly marked, shall be retained by the Zoning Administrator. If approved, two (2) copies of the submitted plans shall be returned to the applicant marked "Approved". Such approval shall be attested by the Zoning Administrator's signature. The other copy similarly marked, shall be retained by the Zoning Administrator shall also issue a zoning permit to the applicant at this time and shall retain a duplicate copy for his records.
   D.   FAILURE TO COMPLY: Failure to obtain a zoning permit shall be a violation of this Ordinance and punishable under SECTION 16.9 of this Ordinance.
   E.   EXPIRATION OF ZONING PERMIT: If a building permit, as required herein, has not been obtained within ninety (90) consecutive calendar days from the date of issuance of the zoning permit, said zoning permit shall expire and be canceled by the Zoning Administrator and a building permit shall not be obtainable until a new zoning permit has been obtained.
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