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It shall be unlawful for any person, company, business, or occupant of a building or property, to erect, repair, alter, relocate, or keep within the city any sign or other advertising structure as defined in this subchapter without first obtaining a sign permit from the sign officer or other duly authorized officer of the city and paying the fee required by this section. Sign permits shall be renewed annually.
(A) Application for initial sign permit. Application for initial sign permits shall be made upon forms provided by the sign officer, and shall contain or have attached thereto the following information:
(1) Name, address, and telephone number of the applicant-owner.
(2) Location of building, structure, or lot to which or upon which the sign is to be attached or erected.
(3) Position of the sign in relation to nearby buildings or structures including the distance from the right-of-way line to the leading edge of a freestanding sign.
(4) Clean prints or ink drawings of plans, to true scale with the scale noted, or other representation acceptable to the sign officer.
(5) Name of person, firm, corporation, or association erecting sign, along with their address, phone number, and the name and phone number of their contact person.
(6) Written consent of the owner of the building, structure, or land to which or on which the structure is to be erected.
(7) For any proposed electronically changeable message display, a written statement from the sign owner and the sign installer signed and notarized stating that both understand that the display on said sign shall be a static display that changes instantaneously no more frequently than once every 5 minutes and that they agree to operate the display in compliance with this time limitation or the display will be considered to be in violation of existing laws and can be ordered removed from the premises.
(8) Any other information required by the sign officer administering this subchapter.
(B) Sign permit fees.
(1) Original permit fees. Every applicant, before being granted a permit hereunder, shall pay to the city a permit fee in accordance with the schedule in division (B) (3) below. Such sign permit shall expire on the last day of the calendar month one year from the date of issue.
(2) Renewal permit fees. Renewal permit fees shall be in accordance with the schedule of fees contained in division (B)(3) of this section. Such renewal permit shall bear the same permit number as the original permit and shall expire annually on the last day of the calendar month of the issuance of the original permit. No new application shall be required for a renewal permit. If a sign permit is not renewed within 2 months of its expiration and following 2 notices of renewal due having been sent to the party of record responsible for the sign, the sign officer may order the removal of the sign or signs covered under the permit. In the alternative, the sign officer may, at his or her discretion, renew the permit at twice the ordinary renewal fee if the doubled fee is paid within a time period not to exceed four months after the renewal fee became due.
(3) Schedule of fees.
Display Surface Area (sq.ft.) | Original Permit Fee | Renewal Permit Fee |
Up to 16 | $20 | $10 |
17 to 50 | $30 | $15 |
51 to 100 | $60 | $30 |
101 to 300 | $150 | $75 |
301 to 672 | $400 | $200 |
(4) Existing signs. An applicant for a permit for an existing sign who shows to the reasonable satisfaction of the sign officer that such sign has a valid sign permit shall file an application for an original sign permit marked "renewal"; provided, however, the fee shall be based on the renewal permit fee as established herein. Where a permit has been paid to the city for a sign during the 12-month period ending with the effective date of this chapter, full credit shall be given for the amount so paid toward the cost of a renewal permit, not to exceed the cost of such renewal permit.
(a) All other applicants for a permit for an existing non-conforming sign as a hereinbefore defined shall file an application for an original permit and pay the fee therefore.
(b) No permit shall be issued for an existing sign unless said sign is permitted under the then current city zoning regulations or unless such sign is a non-conforming sign has hereinabove defined. An existing sign for which no permit was issued and for which no permit could have been issued under prior city ordinances without Council approval cannot be a non-conforming sign.
(c) Any sign erected without having first received a permit shall require an original application and a permit fee equal to 3 times the original permit fee, with a minimum fee of $100.
(5) Changes in ownership or display material. An original permit application and fee shall be required for a sign where there is any change or alteration in the form, method, material, etc. of the display, frame, or support, or where there is a change in the ownership of the sign. Replacement of the face of a sign having a valid permit with an identically dimensioned face for the same owner does not require a new application. (Refreshing the paint of the original sign display shall not be considered a change or alteration.)
(6) Permit for a portable sign or for a temporary banner. All portable signs and temporary banners shall require an original permit application and fee, with the following, additional requirements:
(a) No permit for a portable sign on a lot shall be issued for a period in excess of 10 consecutive days or for cumulative periods of more than 30 days during any calendar year.
(b) No permit for a temporary banner shall be issued for a period in excess of 30 consecutive days or for cumulative periods of more than 90 days in any calendar year.
(c) Each period of display shall require a separate original application and fee.
(d) The maximum area of a portable sign is 32 square feet of surface area per face with not more than 2 faces.
(C) Issuance of sign permits. It shall be the duty of the sign officer, upon the filing of an application for a sign permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign and, if it shall appear that the proposed structure is in compliance with all the requirements of this subchapter and all other ordinances of the city, he or she shall issue the sign permit. Each sign shall require a separate permit valid only for the location shown thereon, or, at the discretion of the sign officer, multiple signs on a single site may be issued a single permit, if on the same application. If the work authorized under the sign permit has not been complete within six months after date of issuance, the permit shall become null and void. It shall also be the duty of the sign officer to issue renewals of sign permits for all signs complying with the terms of this subchapter (or exceptions hereto) for which a previous sign permit has been issued, provided, however the sign officer shall not be authorized to issue an initial sign permit for a billboard or outdoor advertising sign or off-premises sign, unless such permit is authorized by the City Council as provided in § 154.05. No permit shall be issued for any sign which does not comply with the provisions of Article 11 of the Zoning District Regulations of Jefferson County, Kentucky as adopted by the city, or any other city ordinance relating to signs or zoning.
(D) Electronically Changeable Message Display (ECMD). An Electronically Changeable Message Display may be permitted as a part of a permanent sign (not a temporary or portable sign), if it complies with this chapter, the Development Code and with the following additional requirements:
(1) The ECMD shall be an LED message center sign only. No other type of ECMD shall be permitted.
(2) The ECMD shall have automatic dimming capability that can automatically adjust its brightness level based upon available sunlight.
(3) The ECMD shall not exceed a maximum illumination of 7,500 nits when measured at the sign's face during daylight hours and a maximum illumination of 750 nits when measured at the sign's face between dusk to dawn if located in a commercial zoning district. However, if an ECMD is in a commercial zoning district and within 350 feet of a residential zone and visible from any residence within 350 feet of the sign, the maximum illumination between dusk and dawn, measured at the sign's face, shall be 200 nits, except as further limited herein as follows. If the ECMD is within 150 feet of a residential zone, the ECMD shall discontinue the display between the hours of 11:00 p.m. and 6:00 a.m. Application may be made for greater illumination, only if the Applicant proves to the satisfaction of the city sign officer that the ambient light at a location is uniquely greater in intensity than other similar locations and that the ambient light substantially diminishes the visibility of the sign.
(4) An ECMD is permitted in a residential district (which includes office/residential districts) only if it is displayed at a school, church or government building and otherwise complies with the Development Code. The ECMD in a residential district shall not exceed a maximum illumination of 7,000 nits when measured at the sign's face during daylight hours and a maximum illumination of 100 nits when measured at the sign's face between dusk to dawn, except as further limited herein as follows. If the ECMD is in a residential zone, the ECMD shall discontinue the display between the hours of 11:00 p.m. and 6:00 a.m.
(5) The ECMD character area shall consist of no more than 50% of the allowable sign area specified in the Development Code for the zoning district in which the sign is located. An ECMD that is part of a sign that is less than 64 square feet in area is exempt from this limit provided that the ECMD shall not exceed 32 square feet.
(6) For any ECMD, a written statement from the sign owner and the sign installer signed and notarized stating that both understand that the display on said sign shall be a static display that changes instantaneously no more frequently than once every five minutes and that they agree to operate the display in compliance with this time limitation or the display will be in violation of existing laws and can be ordered removed from the premises.
(7) No signs shall use flashing, oscillating, rotating, or intermittent lights, mimic traffic control, public safety devices, or lighting.
(8) The ECMD character area shall be static, changing instantaneously no more frequently than once every five minutes and shall not appear to flash; undulate; pulse; portray explosions, fireworks, flashes of light, or blinking or chasing lights; move toward or away from the viewer; expand or contract; bounce; rotate; spin; twist; or engage in other similar movements.
(9) The ECMD shall not have audio output.
(10) ECMD sign permit applications shall include a certification from the manufacturer or installer and the owner or operator of the sign stating that the sign shall be operated in accordance with the maximum illumination levels in the City Code of Ordinances, and that the owner or operator shall provide renewed certification of such conformance at the time of the annual renewal of any permit for the sign.
(11) The owner of any ECMD programmed from the site or from a remote location shall program the ECMD to freeze in a static display should any malfunction occur. Any ECMD shall have an accessible exterior cut-off switch to shut off the ECMD upon order of the city's sign officer.
(Ord. 95-06, passed 7-25-95; amend. Ord. 14-06, passed 7-22-14; amend. Ord. 18-05, passed - -18) Penalty, see § 154.99
(A) Premises maintenance. All free standing signs and the premises surrounding same shall be maintained by the owner thereof in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish, and weeds.
(B) Unsafe and unlawful signs. If the sign officer shall find that any sign regulated herein is unsafe or insecure, or is a menace to the public or is abandoned or is maintained in a dilapidated condition, or has been constructed or erected or is being maintained in violation of any provision of this subchapter or the permit issued, the sign officer shall give written notice to the permittee or property owner thereof of the violation and order the alteration or removal of the sign. If the permittee or property owner thereof fails to remove or alter the structure so as to comply with the standards herein set forth within 10 days, after such notice, such sign may be removed or altered to comply by the sign officer at the expense of the permittee or owner of the property upon which it is located. The sign officer shall refuse to issue a permit to any permittee or owner who refused to pay costs as assessed. The sign officer may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. Such permittee or owner shall also be liable for the penalties herein prescribed.
(Ord. 95-06, passed 7-25-95; amend. Ord. 14-06, passed 7-22-14)
(A) For the purpose of this section, a non-conforming sign shall be defined as a sign which does not conform to the provisions of this subchapter or which does not conform to the city zoning ordinance in effect at the time of the adoption of this subchapter or the city zoning ordinance.
(B) Non-conforming signs other than temporary or portable signs, lawfully in existence at the time of the adoption of this subchapter may be continued.
(C) No non-conforming sign may be enlarged or altered in any way.
(Ord. 95-06, passed 7-25-95; amend. Ord. 14-06, passed 7-22-14)
Wherever authorization or approval of the City Council shall be required, the City Council shall have discretion as to whether or not issue a permit. In such case, no permit shall be issued unless the City Council shall find the denial of the permit would deprive the applicant of reasonable use of the land, the sign will preserve and not harm the public safety and welfare and will not alter the essential character of the neighborhood. The City Council shall also serve as an appeal board to which any person affected by the denial of a permit or order of the sign officer may appeal any such decision made by the sign officer. Such appeal shall be in writing and delivered to the sign officer within 30 days of receipt of such denial or order and shall specify the grounds for the appeal. The City Council shall not grant an appeal for a sign that does not comply with this subchapter or the applicable zoning regulations.
(Ord. 95-06, passed 7-25-95; amend. Ord. 14-06, passed 7-22-14)
Exemption shall not be construed as relieving the owner of such signs from the responsibility of complying with applicable provisions of this chapter or the zoning regulations of the city.
(A) The following exemptions shall apply only to the requirement to pay the fee for the required permit to erect any of the following signs:
(1) A single professional name plate erected flat on the wall of a building and not exceeding 4 square feet of total display surface area.
(2) One on-premises building construction sign on a single construction site in any zoning district provided the maximum display surface area shall not exceed 32 square feet.
(3) Memorial signs or tablets, names of buildings and date of erection where cut into any masonry surface or when constructed of bronze or other non-combustible material.
(4) Repainting of a sign.
(5) A window sign, provided mat the total square footage of the sign does not exceed 25% of the total square footage of the window and is an on-premises sign.
(6) A sign affixed to a door, provided mat the total square footage of the sign does not exceed 6 square feet in area and is an on-premises sign.
(7) Directional signs, provided that such signs are limited to wall or freestanding signs that do not exceed 5 square feet of display surface area; a menu board serving a drive through lane, provided such menu board does not exceed a total surface display area of 40 square feet including any embellishments or other temporary additions.
(8) Religious and charitable organization signs containing no commercial advertising and located on private property.
(B) The following exemptions shall apply only to the requirements for a sign permit and no permits or fees shall be required for the erection of the following signs:
(1) A real estate sign pertaining to the lease or sale of a building or property provided such sign does not exceed 12 square feet in area.
(2) A home occupation sign otherwise lawful and erected flat against the wall of the residence and not exceeding 1 square foot in area.
(3) Traffic or municipal signs, legal notices, railroad crossing signs, danger, and such temporary and emergency or non-advertising signs.
(4) The changing of letters or numbers on a sign designed for manually changeable lettering or numbering, which sign is legally erected and maintained for such purposes, where the original sign has a valid permit, and where such original permit is renewed as herein provided.
(5) Election campaign signs.
(6) Any sign, located within a building, which sign is not visible to the public outside the building.
(7) A subdivision sign lawfully existing and identifying a subdivision.
(8) Bulletin boards 6 feet or less in height with a display surface area not exceeding 16 square feet.
(9) Vending machine signs presently in operation or hereafter installed.
(Ord. 95-06, passed 7-25-95; amend. Ord. 14-06, passed 7-22-14)
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