Clark County Unincorporated
City Zoning Code

SIGN REGULATIONS

§ 155.180 INTENT.

This subchapter provides sign standards that allow legitimate signage for agricultural, residential, professional office, business, and industrial activities while promoting signs that:

(A) Reduce intrusions and protect property values;

(B) Minimize undue distractions to the motoring public;

(D) Enhance and strengthen Winchester/Clark County’s economic stability.

(Ord. 2014-1, passed 3-12-2014) (Ord. 2018-11, passed 6-27-2018)

§ 155.181 SCOPE.

These provisions apply to the display, construction, erection, alteration, location, and maintenance of all new and existing signs within Winchester and the county.

(Ord. 2014-1, passed 3-12-2014)

§ 155.182 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED SIGN. Signage that has been neglected and fallen into disrepair.

ATTRACTION BOARD. Copy is changed manually or electronically.

AWNING SIGN. Applied directly to the surface of an awning; defined as a shelter supported entirely on a wall and made of non-rigid material supported by a frame.

BANNER SIGN. Made of non-rigid material with no enclosing framework.

BILLBOARD. Signage intended for lease to a variety of businesses, organizations, and/or individuals. In such case, the sign itself is the income generator and the primary commercial use of the property.

BULLETIN BOARD. Allows the manual or electronic change of copy.

CANOPY SIGN. Applied directly to the surface of a canopy; defined as a permanently roofed shelter covering a sidewalk, driveway, or similar area. Canopies may be supported by a building, columns, poles, braces, or a combination of both.

DOUBLE-FACED SIGN. Two faces either set parallel or up to a 45-degree angle. Any two sign faces set at an angle greater than 45 degrees shall be considered two separate signs.

ELECTRONIC MESSAGE DISPLAY SYSTEM. Copy which uses rotating reflective discs, direct illumination, rotating veins, light emitting diodes (LEDs) or liquid crystal diodes (LCDs), or other digital devices and is changed by a central computer.

FLASHING or BLINKING. Intermittent or sequential illumination for the purpose of attracting attention to the sign.

FREESTANDING SIGN. Attached to the ground by columns, poles, braces, or other means and not attached to any building,

GOVERNMENT SIGN. Temporary or permanent, erected by a government employee in the performance of their professional duties.

HANDBILL. Printed or written material, circular, leaflet, pamphlet, or booklet designed for distribution on vehicles or other property (does not include postal distribution).

ILLEGAL SIGN. Does not meet the requirements of this chapter and has not been identified as a legal, nonconforming sign.

ILLUMINATED SIGN. Emits or reflects artificial light from any source.

(1) DIRECTLY ILLUMINATED. Lighted by an unshielded light source (including neon tubing) which is visible as a part of the sign and where light travels directly from the source to the viewer’s eye.

(2) INDIRECTLY ILLUMINATED. Light source projects light onto the exterior of the sign surface, or onto the building where the sign is located.

(3) INTERNALLY ILLUMINATED. Light source is within the sign, with a transparent or translucent background or cover which silhouettes letters or designs.

INCIDENTAL SIGN. Signs used in conjunction with the performance of a business and/or professional establishments with a maximum square footage of three square feet and four feet in height when installed on a pole.

INTERSTATE SIGN. Designed to be seen from the interstate.

LIGHT POLE SIGN. Signs up to 12 square feet in size attached to light poles which are owned and operated by the property/business owner. No more than two LIGHT POLE SIGNS per road frontage and maintain a minimum ground clearance of at least seven feet. Approved as a conditional use in B-3 and B-4 Zoning Districts.

MENU BOARD. Freestanding signs placed at drive-through lanes of restaurants.

MOBILE SIGN. Affixed to a frame having wheels or capable of being moved. MOBILE SIGNS do not have a permanent foundation and cannot withstand the wind load stress requirements of the adopted building code; designed to stand free from a building. The removal of wheels from such a sign or temporarily securing a sign of this type shall not prevent it from being classified as a MOBILE SIGN within this definition. This includes signage placed in a truck bed or on a trailer designed to be pulled behind a vehicle.

MONUMENT SIGN. Attached to a permanent foundation or decorative base and not attached to or dependent for support from any building, pole, post, or similar upright.

NONCONFORMING SIGN. Legally erected but does not comply with the current regulations for the zone in which it is located.

NON-ILLUMINATED SIGN. Does not emit or reflect artificial light from any source.

PORTABLE SIGN. Small sign, easily transported by hand, placed outside during business hours and brought into the business after hours, usually tent style or A-frame.

PROJECTING SIGN. Attached directly to a building, which extends perpendicular no more than five feet from the building facade or not past the sidewalk line (whichever is less).

ROOF SIGN. Projects above the cornice of a flat roof or the ridgeline of a gabled or hipped roof. In determining the top edge of the roof, calculation shall not include cupolas, pylons, chimneys, or other projections above the roofline.

ROTATING OR MOVING SIGN. Any portion of which moves by mechanical means or the wind; does not refer to changing copy with an electronic message display system.

SIGN. Any copy (including material used to differentiate the copy from the background) which is applied to a surface as a means of identifying, advertising, announcing, or illustrating products, services, and/or events.

SIGN CLEARANCE. The vertical distance between the lowest point of any sign and the grade at the base of the sign.

SIGN COPY. Any word, figure, number, symbol, or emblem affixed to a sign.

SIGN HEIGHT. The vertical distance measured from the highest point of the sign, including the frame and any embellishments to the bottom of the base of the sign.

SIGN SETBACK. The horizontal distance between the property line and a sign. The measurement shall be taken at the closest point between the property line and any part of the sign.

SIGN SURFACE. The part of the sign on which the message is displayed.

SQUARE FOOT. A unit of area equal to one foot by one foot square.

STREET FRONTAGE. Property line that lies adjacent to street right-of-way.

TEMPORARY SIGN. Intended to be displayed for not more than 14 continuous days or more than eight times per calendar year.

VEHICLE SIGNAGE. Signage painted directly on a vehicle or attached magnetically.

WALL SIGN. Attached directly to a building; includes mansards, canopies, awnings, and signs attached to a roof which do not project above the roofline.

WINDOW DISPLAY. Merchandise or other objects placed inside a building to be viewed from outside the building.

WINDOW SIGN. Attached to or located within three feet of the interior of a window and which can be seen through the window from the exterior of the structure.

(Ord. 2014-1, passed 3-12-2014; Ord. 2018-11, passed 6-27-2018)

§ 155.183 SIGNS EXEMPT FROM PERMITTING IN ALL ZONES AND DISTRICTS.

The following signs are exempt from the provisions of this subchapter:

(A) Signs not visible beyond the boundaries of the property upon which they are located;

(B) Government signs that are placed by government officers in the performance of their professional/elected duties;

(C) Temporary or permanent signs erected by public utility companies or temporary signs erected by construction companies and in the performance of their professional duties;

(D) Vehicle signage when incorporated directly on a vehicle either by paint, magnets, wrapped, and the like;

(E) Effective January 1, 2019, temporary signage up to four square feet placed within Business and Residential Zoning Districts on or after April 15 and removed by the last day of May. Temporary signage up to four square feet placed within Business and Residential Zoning Districts on or after October 1 and removed by November 15;

(F) Temporary signage up to 32 square feet placed within Agricultural and Industrial Zoning Districts on or after April 15 and removed by May 1. Temporary signage of 32 square feet or placed within Agricultural and Industrial Zoning Districts on or after October 1 and removed by November 15;

(G) Temporary signs for a new business for up to 30 consecutive days from the first day of business. Exempt signage shall only be displayed on the property where the new business is located;

(H) Temporary signage placed by real property owners, real estate institutions, agents and brokers, and financial institutions in the performance of their professional duties;

(I) Window signage;

(J) Temporary signage of three square feet or smaller when placed on residential property;

(K) Historic markers issued by local, state, and federal organizations; and

(L) Change of copy on any sign where the framework or other structural elements are not altered.

(Ord. 2014-1, passed 3-12-2014; Ord. 2018-11, passed 6-27-2018)

§ 155.184 PERMIT REQUIREMENTS.

(A) No sign regulated by this subchapter shall be displayed, erected, relocated, or altered unless all necessary permits have been issued by the Department of Planning and Community Development. Applicants shall submit an application form to the Department before any permit may be issued. Failure to obtain a sign permit prior to the installation of a sign may result in a fine doubling the cost of the sign permit.

(B) Property owner shall obtain a certificate of appropriateness from the Historical Preservation Commission (HPC) for signage proposed within the Historic District Overlay (HDO). Applications are available in the Planning and Community Development office and online at the HPC website.

(D) Freestanding and monument signs require a building permit for the footer. Applicants shall also obtain an electrical permit for signs that require electrical service. Final inspections for building permits and electrical permits require a minimum of 24-hour notice to the city’s Building Inspector and/or state Electrical Inspector.

(E) Signs permitted as an accessory to a legal, nonconforming use shall be subject to the regulations of the zone in which the nonconforming use is located.

(Ord. 2014-1, passed 3-12-2014; Ord. 2018-11, passed 6-27-2018)

§ 155.185 NONCONFORMING SIGNS.

(A) A legal, nonconforming sign may continue in existence as long as it is properly maintained in good condition.

(B) These provisions shall not prevent the repair or restoration to a safe condition of any sign, but a nonconforming sign shall not be:

(1) Changed to another nonconforming sign except where only the face or copy is changed;

(2) Structurally altered so as to increase the degree of nonconformity of the sign;

(3) Expanded or enlarged;

(4) Re-established after its removal; or

(5) Moved to a new location on the building or lot.

(Ord. 2014-1, passed 3-12-2014)

§ 155.186 ILLEGAL SIGNS.

All illegal signs are subject to immediate enforcement action as outlined in §§ 155.235, 155.236, and 155.999.

(Ord. 2014-1, passed 3-12-2014)

§ 155.187 GENERAL REQUIREMENTS.

All signs in all zones shall meet the following requirements.

(A) Illuminated signs shall be located in a fashion which prevents all direct rays of light from shining beyond the property lines of the lot on which the sign is located.

(B) No light, sign, or other advertising device shall be designed or erected to imitate or resemble any official traffic sign, signal, or device or use any words, phrases, symbols, or characters implying the existence of danger, or the need to stop or maneuver the vehicle.

(D) Projecting signs must have maintain a ground clearance of no less than seven nor more than eight feet above the sidewalk.

(E) Neon or other lighted tubing signs shall not be permitted except where such lighting is used behind solid lettering to produce a “halo” effect, or where it is used indirectly. Neon lighting may not be used to outline buildings, structures, or ornamental features.

(F) No sign, except for government signs, may be located within the sight triangle of any intersection. Refer to §§ 153.095 to 153.100.

(G) No sign may be placed in or project into the public or private street right-of-way, except as specifically permitted herein.

(H) Freestanding, monument, and projecting face sign area shall be computed as follows:

(1) Double-faced signs shall have only one face counted in calculating the area;

(2) Sign with more than two faces shall have the area calculated by summing the area of all sign faces and dividing by two;

(3) The area enclosing the perimeter of each cabinet shall be calculated to determine the area. The perimeter of the measurable area shall not include embellishments (e.g., pole covers, framing, or decorative roofing) provided there is no written copy on such embellishments; and

(4) Maximum height shall be measured from the finished grade at the center of the sign and shall include the sign’s base.

(I) Every sign, including those for which a permit is not required, shall be maintained in good condition at all times.

(J) A business no longer in operation at the site, must remove their sign face, paint, and/or cover of the signage within 45 days after the business has vacated the property or 45 days after the receipt of a written notice from the Code Enforcement Officer and/or Zoning Official. Failure to comply with the written notice within the allotted time shall authorize the Code Enforcement Officer and/or Zoning Official to remove the sign at the expense of the owner of the building, structure, or lot where the sign is located. Nonconforming signs within the Historical Overlay District may be preserved when found to be of an historic significance by the Historic Preservation Commission. Nonconforming signs located outside the Historical Overlay District may be reviewed for historic significance by the Board of Adjustments.

(K) Freestanding and monument signs shall maintain a minimum setback of at least ten feet from the property line. Signs legally existing prior to the adoption of this subchapter shall be grandfathered in.

(Ord. 2014-1, passed 3-12-2014; Ord. 2018-11, passed 6-27-2018)

§ 155.188 PROHIBITED SIGNS IN ALL ZONES.

The following signs and/or sign features shall be prohibited in all zones:

(A) Mobile signs;

(B) Roof signs that extend higher than the top of the roof;

(D) Any sign which emits any noise or odor;

(E) Freestanding signs which overhang any part of a building;

(F) Flashing or blinking signs;

(G) Signs in a public right-of-way; and

(H) Handbills.

(Ord. 2014-1, passed 3-12-2014; Ord. 2018-11, passed 6-27-2018)

§ 155.189 SIGNS REQUIRING A CONDITIONAL USE PERMIT IN ALL ZONES.

(A) Signs painted directly on a building.

(B) Only the Board of Zoning Adjustments shall have the authority to approve sign variances or conditional use permits for signs unless the request is made to the Planning Commission in conjunction with a Development Plan. Applications for these signs shall be submitted and processed as outlined in §§ 155.065 to 155.067.

(Ord. 2014-1, passed 3-12-2014; Ord. 2018-11, passed 6-27-2018)

§ 155.190 SIGNS PERMITTED BY SPECIFIC ZONE.

Any sign not specifically permitted shall be prohibited.

(A) Agricultural Zone (A-1).

(1) Residence. One wall sign not exceeding one square foot in area.

(2) Home occupation. One wall sign not exceeding 12 square feet in area.

(3) Principal uses permitted.

(a) Two signs per entrance if incorporated into a fence or wall feature, or one freestanding sign per entrance. Signs shall not exceed 32 square feet in area each.

(b) Incidental signs (do not exceed three square feet in area nor require sign permits).

(4) Conditional uses permitted.

(a) One freestanding sign for any other permitted or conditional use not noted herein; signage shall not exceed 32 square feet in area and eight feet in height;

(b) Incidental signs (do not exceed three square feet in area nor require sign permits);

(d) One wall sign per building not exceeding 32 square feet in area.

(B) Mobile Home (MH) Zone.

(1) One freestanding sign per park entrance. Sign shall not exceed 32 square feet in area, eight feet in height, and shall have a minimum setback of 20 feet from any street.

(2) One wall sign per mobile home that shall not exceed one square foot in area.

(1) Residence. One wall sign not exceeding one square foot in area.

(2) Home occupation. One wall sign not exceeding six square feet in area.

(3) Subdivision. One freestanding sign per entrance into the subdivision not to exceed 32 square feet in area and eight feet in height.

(4) Conditional uses permitted.

(a) One freestanding sign shall not exceed 32 square feet in area and eight feet in height;

(b) One wall sign shall not to exceed 12 square feet in area;

(d) One bulletin board shall not exceed 12 square feet in area and eight.

(D) High Density Residential Zones (R-2, R-3, R-4, R-5, and R-6).

(1) Single-family homes. All single-family homes within these zones shall comply with the signage regulations for low density residential zones regulated under division (C) above.

(2) Multi-family residential buildings.

(a) One freestanding sign shall not exceed 32 square feet in area, eight feet in height, and shall have a front yard setback of 20 feet.

(b) One wall sign per building shall not exceed 12 square feet in area.

(3) Conditional uses permitted.

(a) One freestanding sign shall not exceed 32 square feet in area and eight feet in height.

(b) One wall sign per building shall not to exceed 12 square feet in area.

(d) Incidental signs (do not exceed three square feet in area nor require sign permits).

(E) Standard signage permitted in all professional, commercial, and industrial zones (P-1, B-1, B-2, B-3, B-4, I-1, and I-2).

(1) One freestanding or monument sign per street frontage with a maximum of two signs per lot. Freestanding signs shall not exceed 75 square feet in area, 25 feet in height, and shall have a minimum setback of ten feet When street frontage permits two signs, the two freestanding signs may be combined into one freestanding sign that shall not exceed 110 square feet in area. For buildings with more than one occupying business, this freestanding sign may list all businesses within the building. Monument signs shall not exceed 60 square feet in area, eight feet in height, and shall have a minimum setback of ten feet;

(2) One wall sign, canopy sign, or awning sign per street frontage with a maximum of two signs per building. The maximum allowed area for all signage in this category is 32 square feet or 15% of the wall area to which the sign, canopy, or awning is attached (whichever is greater). Awnings shall have at least seven feet of clearance when fully extended. When a building contains two or more separate businesses, these requirements shall be applied separately to the wall area of the portion of the building occupied by the individual business;

(3) One wall sign per tenant or lessee not exceeding two square feet in area;

(4) One attraction board either attached to the wall or attached to the permitted freestanding sign not to exceed 32 square feet in area and eight feet in height;

(5) One menu board per drive-through lane or drive-up curbside. Menu boards shall not exceed 55 square feet in area and shall have a maximum height of eight feet;

(6) Temporary signs; these include banners, inflatable signs, and similar objects which have been installed in a temporary nature. Two temporary signs per permit shall be allowed subject to the following conditions:

(a) Shall not exceed 50 square feet per sign where non-rigid materials are used;

(b) Shall not exceed 32 square feet per sign where rigid materials such as wallboard or plywood are used;

(d) Shall not remain in place for a period of more than 14 continuous days;

(e) Shall not be displayed for more than a total of eight times in any calendar year; and

(f) Shall not be placed within the public right-of-way or the sight triangle at intersections.

(7) One marquee shall not exceed 32 square feet in area, shall not project more than eight feet from the building face to which it is attached, and shall have a minimum clearance of eight feet;

(8) Incidental signs (do not exceed three square feet in area nor require sign permits). One bulletin board, not exceeding 32 square feet in area and eight feet in height; and

(9) Signs with electronic message display systems are prohibited in the Downtown Historical Overlay and must be reviewed as a conditional use in the following zoning districts: P-1 (Professional Office), B-1 (Neighborhood Business) and B-2 (Downtown Business) Districts. Electronic message display systems are permitted for property located within the B-3, B-4, I-1, and I-2 Zoning Districts and may be incorporated into one freestanding or wall sign.

(F) Additional signage permitted in specific commercial and industrial zones. Downtown Business Zone (B-2), in addition to the signage permitted in division (E) above, the following signs shall be permitted.

(1) Permanent sidewalk sign. Where a building is located adjacent to the public right-of- way, one non-illuminated, freestanding sign may be permanently placed on the public sidewalk with the following restrictions:

(a) Sign shall not exceed five and one-half square feet in area;

(b) The edge of the sign shall not extend beyond the curb line;

(c) The maximum dimensions of the support frame shall not exceed eight square feet in area (maximum 48 inches wide or 36 inches high); and

(d) The bottom of such support shall be seven feet above the sidewalk and the vertical support shall be 24 inches from the curb.

(2) Portable sign. One may be permitted for each business entrance subject to the following restrictions:

(a) Maximum surface area of the sign shall be six square feet per face, maximum height of sign shall be three feet, and maximum width of the sign shall be two feet; and

(b) A minimum 36 inches wide pedestrian travel-way shall be maintained on the sidewalk. Signs may be designed with a changeable face and shall be removed from the public sidewalk when the business is closed.

(3) Projecting sign. A projecting sign is allowed in a B-2 Zone in lieu of a permanent sidewalk sign. A projecting sign shall not exceed 12 square feet on each side and shall maintain a ground clearance of no less than seven nor more than eight feet above the sidewalk. The edge of the sign facing the public right-of-way shall not project more than five feet from the building facade and cannot pass the sidewalk line. Wall signs and permanent sidewalk signs shall not be installed in conjunction with a projecting sign, unless otherwise approved by the Board of Adjustments.

(G) Highway Business Zone (B-3). In addition to the signage permitted in division (E) above, the following signs shall be permitted.

(1) Shopping center malls larger than 100,000 square feet may have one freestanding sign per street frontage with a maximum of 250 square feet per sign face and a maximum height of 30 feet instead of a freestanding sign measuring 75 square feet in area with a maximum height of 25 feet.

(2) One interstate sign for those businesses which lie within a 2,500-foot radius of the center point of an interstate interchange overpass. This interstate sign takes the place of either the permitted freestanding or wall sign outlined in division (E) above. That is, these businesses may have a combination of any two of these signs (interstate sign, freestanding sign, or wall sign). Interstate signs are subject to the following restrictions:

(a) Shall not have an electronic message display system;

(b) Individual signs shall not exceed 250 square feet in area;

(d) The sign’s base shall be at least 90 feet from any residential zoned property; and

(e) In addition to a sign permit, a building permit shall be obtained prior to installation.

(3) Conditional uses permitted include light pole signs, signs up to 12 square feet in size attached to light poles which are owned and operated by the property/business owner. No more than two light pole signs per road frontage and maintain a minimum ground clearance of at least seven feet

(H) General Business, Light Industrial, and Heavy Industrial Zones (B-4, I-1, and I-2). In addition to the signage permitted in division (E) above, the following signs shall be permitted.

(a) Shall not have an electronic message display system;

(b) Individual signs shall not exceed 250 square feet in area;

(d) The sign’s base shall be at least 90 feet from any residential zoned property; and

(e) In addition to a sign permit, a building permit shall be obtained prior to installation.

(3) One billboard may be permitted subject to the following restrictions:

(a) The property on which the billboard is located shall abut a federal or state highway;

(b) The sign shall be the principal use; there shall be no other buildings, freestanding signs, and the like on the lot;

(d) The sign shall be located no closer than 300 feet to any other structure;

(e) The sign shall be at least 150 feet away from any residential zone or residential use;

(f) There shall be a 40-foot setback requirement from any right-of-way;

(g) Maximum height shall be 35 feet; and

(h) A billboard containing an electronic message display system shall:

1. Be static for at least eight seconds;

2. Change from one message to another in less than two seconds;

3. Not blink, scroll, or contain animation or video;

4. Be programmed to freeze in a static display if a malfunction occurs; and

5. Shall comply with KAR Title 603, pertaining to billboards.

(4) Conditional uses permitted include light pole signs, signs up to 12 square feet in size attached to light poles which are owned and operated by the property/business owner. No more than two light pole signs per road frontage and maintain a minimum ground clearance of at least seven feet. Prohibited in I-1 and I-2 Zones.

(I) Planned Development (PD) Zone. A permitted sign’s height, size, location, and design features shall be determined by the sign requirements set forth in the zone in which the proposed or existing use is first permitted.

(Ord. 2014-1, passed 3-12-2014; Ord. 2018-11, passed 6-27-2018)

§ 155.191 ADVERTISING ON INTERSTATE HIGHWAYS.

No billboard shall be permitted adjacent to interstate or limited access highways except in conformance with the setback requirements established by the Federal Bureau of Public Roads, the state’s Transportation Cabinet, and the requirements of this chapter with respect to the zoning district involved.

(Ord. 19-86, passed 9-15-1986; Ord. 2014-1, passed 3-12-2014)

§ 155.192 MAINTENANCE STANDARDS.

Every sign including these signs for which a permit is not required shall be maintained in good condition at all times.