On-premises signs shall comply with the following provisions in addition to the general provisions of this article. Each sign shall function as an accessory use to the primary land use (whether a principal use, conditional use, or legal nonconforming use) of the premises on which it is displayed, and shall be subject to specific provisions for the zone of the premises where it is displayed and the zones of nearby property. Permanent on-premises signs shall not be erected on vacant property. Construction, political, real estate and other temporary on-premises signs may be erected on vacant property.

9-5(a)

Permanent Business, Institution and Farm Signs Shall Be Permitted in Business and Industrial Zones subject to the following specific provisions for signs in this category:

(1)

The area of each sign shall not exceed six hundred seventy two (672) square feet.

(2)

The height of each building sign shall not exceed the highest point of the roofline by more than fifteen (15) feet.

(3)

The height of each yard sign shall not exceed an amount equal to ten (10) feet plus one-half the horizontal distance between the sign and the nearest boundary line of any unrelated property located in any residential or MHP zone, up to a maximum of eighty (80) feet in height.

(4)

Yard signs exceeding ten (10) square feet in area, and located less than 25 feet from a public street right-of-way, shall be located no closer than one hundred (100) feet to each other along the same street on the same premises.

(5)

Electronic changeable copy shall be permitted for all signs, which shall conform to either of the following two modes:

(a)

Nonflashing mode, with electronic changeable copy displaying only on-premises messages; changes in copy shall be limited so that the sign is not a flashing sign.

(b)

Flashing mode, with electronic changeable copy displaying only on-premises or public service messages. Changes in copy shall be limited as follows:

(1)

The advertising message may contain words, phrases, symbols, trademarks, or logos.

(2)

A single message or segment of a message shall have a display time of at least two (2) seconds including the time needed to move the message onto the sign board, with all segments of the total message to be displayed within ten (10) seconds.

(3)

A message consisting of one (1) segment may remain on the signboard any amount of time in excess of two (2) seconds.

(4)

An electronic sign requiring more than four (4) seconds to change from one (1) single message to another shall be turned off during the change interval.

(5)

A display traveling horizontally across the signboard shall move between sixteen (16) and thirty-two (32) light columns per second.

(6)

A display may scroll onto the signboard but shall hold for two (2) seconds including the scrolling time.

(7)

A display shall not include an art animation or graphic that portrays motion, except for movement of a graphic onto or off of the signboard.

(6)

Projection over public right-of-way shall be permitted for particular building signs:

(a)

Signs attached with their principal sign faces parallel to the facade of the building, with no part of the sign assembly extending more than twenty four (24) inches from the building surface to which attached.

(b)

Signs painted on, printed on, or configured so that their exterior faces are flat against or integral to the surface material of permitted awnings or canopies (as per Article III of this zoning ordinance), with the total area of such signs not exceeding twenty (20) per cent of each exterior plane of such awnings or canopies.

(c)

Signs erected integral to permitted marquees (as per Article III) over entrances to theaters or auditoriums.

(d)

Signs suspended below permitted awnings, canopies or marquees (as per Article III), each sign not exceeding four (4) square feet in area, and providing a minimum vertical clearance of eight (8) feet between the bottom of the sign and the ground or pavement surface below the sign.

(e)

Banners attached to principal buildings located in a B-2 Central Business district, with no part of the banner extending more than thirty-six (36) inches from the building surface to which attached and with no part of the banner extending closer than twenty-four (24) inches horizontally to a vertical projection of the back of the street curb. A minimum vertical clearance of eight (8) feet shall be required between the bottom of the sign and the ground or pavement surface below the sign. Prior to issuance of a permit, approval by the legislative body, or its designee, shall be submitted in writing and shall include:

(1)

A statement that allows the Zoning Administrator to issue a permit for the banner to be placed within the public right-of-way.

(2)

The landowner shall provide a written statement holding the legislative body, the Zoning Administrator and OMPC harmless from any claims resulting from the placement of the banner within the public right-of-way.

9-5(b)

Permanent Business, Institution and Farm Signs Shall Be Permitted in Professional, Agricultural and Ex-1 Zones subject to the following specific provisions for signs in this category:

(1)

The area of each sign shall not exceed one hundred fifty (150) square feet.

(2)

The height of each building sign shall not exceed the highest point of the roofline.

(3)

The height of each yard sign shall not exceed an amount equal to ten (10) feet plus one-half the horizontal distance between the sign and the nearest boundary line of any unrelated property located in any residential or MHP zone, up to a maximum of twenty (20) feet in height.

(4)

Yard signs exceeding 10 square feet in area shall be located no closer than one hundred fifty (150) feet to each other on the same premises.

(5)

Electronic changeable copy shall be permitted for all signs located in Professional zones, subject to the provisions set forth in Subsection 9-4(a)(5).

(6)

Electronic changeable copy shall be conditionally permitted for all signs located within Agricultural and EX-1 zones, subject to the provisions set forth in Subsection 9-4(a)(5), and approval of a conditional use permit by the Board of Adjustment.

9-5(c)

Permanent Business, Institution and Farm Signs Shall Be Permitted in Residential and MHP Zones subject to the following specific provisions for signs in this category:

(1)

The area of each sign shall not exceed one hundred fifty (150) square feet.

(2)

The height of each building sign shall not exceed the highest point of the wall to which it is attached.

(3)

The height of each yard sign shall not exceed ten (10) feet.

(4)

Yard signs exceeding ten (10) square feet in area shall be located no closer than two hundred (200) feet to each other on the same premises.

9-5(d)

Permanent Place Signs Shall Be Permitted in Any Zone subject to the following specific provisions for signs in this category:

(1)

The area of each sign shall not exceed forty (40) square feet.

(2)

The height of each sign shall not exceed six (6) feet.

(3)

The number of signs shall not exceed two (2) signs per each principal street entrance or one (1) sign per each principal driveway entrance.

(4)

Location on public right-of-way shall be permitted for particular signs, but only when all of the following apply:

(a)

the sign is located at a principal street entrance to a subdivision and off of state-maintained right-of-way;

(b)

corner lots with no association to the subdivision are located on both sides of, and have no primary access to, the entrance street; and

(c)

specific provision is made for a designated private owner to maintain the sign.

9-5(d)

Permanent Residence Signs Shall Be Permitted in Any Zone subject to the following specific provisions for signs in this category:

(1)

The area of each sign (Owensboro) shall not exceed:

(a)

two (2) square feet, in residential zones;

(b)

four (4) square feet, in all zones other than residential.

(Unincorporated Daviess County, Whitesville) shall not exceed four (4) square feet.

(2)

The height of each building sign shall not exceed the highest point of the wall to which it is attached.

(3)

The height of each yard sign shall not exceed six (6) feet.

(4)

Separate signs shall be located no closer than fifteen (15) feet to each other on the same premises.

9-5(f)

Temporary On-Premises Signs Shall Be Permitted In Any Zone subject to the following specific provisions for signs in this category:

(1)

The area of each temporary portable sign shall not exceed forty (40) square feet in any zone.

(2)

The area of each temporary nonportable yard sign shall not exceed forty (40) square feet in any zone.

(3)

The number of portable signs shall not exceed one (1) sign along each street frontage for each premises. The number of temporary yard signs shall not exceed a total of two (2) signs per premises.

(4)

Animated signs shall be permitted only if they are not illuminated.

(5)

Streamers may be attached to and may span between signs, buildings and other structures. However,

(a)

streamers shall not be illuminated;

(b)

streamers shall not be pinned or staked directly to the ground nor attached to any post or pole that is not a permanent feature of the premises; and

(c)

streamers shall not be attached to any utility pole or other device located within a public right-of-way.

(6)

Signs other than construction, political and real estate signs shall be displayed no more than one hundred twenty (120) days in one (1) calendar year on each premises located in any residential, MHP or professional zone.

9-5(g)

Consolidated Shopping Center Signs Shall Be Permitted In General Business and Highway Business Zones subject to the following provisions for signs in this category.

(1)

Any retail shopping center with combined retail space zoned B-3 Highway Business or B-4 General Business containing a minimum of fifteen (15) contiguous acres shall be allowed one freestanding consolidated shopping center sign on each street frontage of the development along a freeway, an arterial or collector street located on any of the lots contained within the approved final development plan provided that:

(a)

The consolidated shopping center sign must be located upon one of the lots contained within the approved final development plan. Any additional individual yard signs located upon the same lot as the consolidated shopping center sign exceeding ten (10) square feet in area, and located less than 25 feet from a public street right-of-way, shall be located no closer than one hundred (100) feet to the consolidated shopping center sign and to other yard signs along the same street on the same premises.

(b)

No sign shall be placed so as to obstruct sight distance.

(2)

The maximum area of the sign face for each side of the consolidated shopping center sign shall not exceed 672 square feet.

(3)

The maximum height of the sign shall not exceed an amount equal to ten (10) feet plus one-half the horizontal distance between the sign and the nearest boundary line of any unrelated property located in any residential or MHP zone, up to a maximum of eighty (80) feet in height.

(4)

Maintenance and Easement. No consolidated shopping center sign shall be permitted before first having established an easement by plat on the lot where the sign is to be located absolute for the purpose of the location of the sign. Additionally, provisions must be included for the maintenance, landscaping and removal of the sign.

(5)

Any consolidated shopping center sign may carry the name or a combination of names of the major enterprises, firms, or other tenants located within the approved shopping center development.

(6)

Sign plan required. No building permit for a consolidated shopping center sign may be issued without an approved maintenance plan for the consolidated shopping center sign and a final development plan indicating the locations of the proposed consolidated shopping center signs.

(Ord. No. 37-2009, § 2, 10-20-2009)