(Owensboro, Whitesville) Off-premises signs shall comply with the following provisions in addition to the general provisions of this article. Such signs shall be subject to specific provisions based on their functions and on the zones and land uses of the premises and vicinity where they are displayed. Off-premises signs visible from and located within six hundred sixty (660) feet of any federal-aid primary highway may require a permit from the state highway department in addition to the locally required permit.

Note: New off-premises commercial billboards are prohibited within the corporate limits of the City of Owensboro by Ordinance No. 53-89, adopted 21-Nov-89, which is codified in Section 18-10 of the Owensboro Municipal Code. Therefore, the following provisions do not apply within the City of Owensboro to the extent that they conflict with the more stringent provisions of that ordinance. Consolidated shopping center signs meeting the criteria contained in Section 9-4(g) shall not be considered off-premise signs.

(Unincorporated Daviess County) Off-premises signs shall comply with the following provisions in addition to the general provisions of this article. Consolidated shopping center signs meeting the criteria contained in Section 9-4(g) shall not be considered off-premise signs. These signs shall be subject to specific provisions based on their functions and on the zones and land uses of the premises and vicinity where they are displayed. Off-premises billboard signs shall comply with applicable state statutes and administrative regulations. An off-premises billboard sign that is visible from a state-sign-controlled highway and is located within six hundred sixty (660) feet of the right-of-way — or beyond six hundred sixty (660) feet from the right-of-way outside a designated urban area — may require a permit from the state highway department. If the state highway department prohibits issuance of a permit for a billboard sign along a state-sign-controlled highway, then a local permit for the sign shall not be issued or, if previously issued, shall be deemed null and void.

9-6(a)

Billboard 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 permanent billboard sign (Owensboro, Whitesville) shall not exceed one thousand two hundred fifty (1,250) square feet.

(Unincorporated Daviess County) shall not exceed three hundred eighty (380) square feet when located along roadways designated as "U.S." highways and shall not exceed three hundred (300) square feet when located along other roadways.

(2)

The area of each temporary billboard sign (Owensboro, Whitesville) shall not exceed one hundred fifty (150) square feet.

(Unincorporated Daviess County) shall not exceed forty (40) square feet.

(3)

Portable billboard signs shall be prohibited.

(4)

The location of each sign

(a)

(Owensboro, Whitesville) shall be no closer than fifty (50) feet to any boundary line of any property located in any residential or MHP zone;

(Unincorporated Daviess County) shall be no closer than three hundred (300) feet to any boundary line of any property located in any residential or MHP zone, or to any property occupied by any school where persons under eighteen (18) years of age are enrolled, unless the residential, MHP, or school property is located across a four-lane roadway from the sign;

(b)

(Owensboro, Whitesville) shall be no closer than 50 feet to any residential structure located in any agricultural zone; and

(Unincorporated Daviess County) shall be no closer than three hundred (300) feet to any residential structure located in any agricultural zone, unless the residential structure is located across a four-lane roadway from the sign;

(c)

(Owensboro, Whitesville) shall be no closer than one hundred (100) feet to any other billboard sign, unless separated by a building, street, road, highway, or natural obstruction.

(Unincorporated Daviess County) shall be no closer than one hundred (100) feet to any other billboard sign and shall be no closer than seven hundred fifty (750) feet to any other billboard sign located along the same roadway; and

(d)

(Unincorporated Daviess County only) shall not be visible from a Scenic Highway/Byway as designated in Section 9-9 of this article.

(5)

(Owensboro, Whitesville) The height of each building sign shall not exceed the highest point of the roofline by more than twenty-five (25) feet.

(Unincorporated Daviess County) Billboard building signs shall be prohibited.

(6)

The height of each yard sign (Owensboro, Whitesville) shall not exceed an amount equal to one-half the horizontal distance between the sign and the nearest boundary line of any property located in any residential or MHP zone, or between the sign and the nearest residential structure located in any agricultural zone, up to a maximum of one hundred (100) feet in height.

(Unincorporated Daviess County) shall not exceed forty (40) feet when located along roadways designated as "U.S." highways and shall not exceed thirty two (32) feet when located along other roadways; as an exception to the definition of "sign height" in this article, the height of a billboard sign shall be measured as the maximum vertical distance between the highest point of the sign and the lowest elevation of ground directly below the sign.

(7)

The number of sign face modules on each sign (Unincorporated Daviess County only) shall not exceed one (1) on each side of the sign, and shall not exceed a total of two (2) for each sign structure — that is, back-to-back or "V"-shaped signs. This prohibits the vertical stacking or side-by-side placement of sign face modules on the same side of a sign, and it prohibits triangular or other multi-faced sign structures.

9-6(b)

Billboard Signs Shall Be Permitted in Agricultural Zones subject to the following specific provisions for signs in this category:

(1)

The area of each permanent sign (Owensboro, Whitesville) shall not exceed seven hundred (700) square feet.

(Unincorporated Daviess County) shall not exceed three hundred eighty (380) square feet when located along roadways designated as "U.S." highways and shall not exceed three hundred (300) square feet when located along other roadways.

(2)

The area of each temporary sign (Owensboro, Whitesville) shall not exceed eighty (80) square feet.

(Unincorporated Daviess County) shall not exceed forty (40) square feet.

(3)

Portable billboard signs shall be prohibited.

(4)

The location of each sign

(Owensboro, Whitesville) shall be no closer than

(a)

one hundred (100) feet to any boundary line of any property located in any residential or MHP zone;

(b)

one hundred (100) feet to any residential structure located in any agricultural zone;

(c)

three hundred (300) feet to any other billboard sign, unless separated by a building, street, road, highway, or natural obstruction;

(d)

Six hundred sixty (660) feet to the right-of-way of any federal aid primary highway, and shall not be legible or identifiable from any federal aid primary highway.

(Unincorporated Daviess County)

(a)

shall be no closer than three hundred (300) feet to any boundary line of any property located in any residential or MHP zone, or to any property occupied by any school where persons under eighteen (18) years of age are enrolled, unless the residential, MHP, or school property is located across a four-lane roadway from the sign;

(b)

shall be no closer than three hundred (300) feet to any residential structure located in any agricultural zone, unless the residential structure is located across a four-lane roadway from the sign;

(c)

shall be no closer than three hundred (300) feet to any other billboard sign and shall be no closer than seven hundred fifty (750) feet to any other billboard sign located along the same roadway; and

(d)

shall not be visible from a Scenic Highway/Byway as designated in Section 9-9 of this article.

(5)

The height of each sign (Owensboro, Whitesville) shall not exceed 50 feet.

(Unincorporated Daviess County) shall not exceed forty (40) feet when located along roadways designated as "U.S." highways and shall not exceed thirty two (32) feet when located along other roadways; as an exception to the definition of "sign height" in this article, the height of a billboard sign shall be measured as the maximum vertical distance between the highest point of the sign and the lowest elevation of ground directly below the sign.

(6)

Billboard building signs (Unincorporated Daviess County) shall be prohibited.

(7)

The number of sign face modules on each sign (Unincorporated Daviess County only) shall not exceed one (1) on each side of the sign, and shall not exceed a total of two (2) for each sign structure — that is, back-to-back or "V"-shaped signs. This prohibits the vertical stacking or side-by-side placement of sign face modules on the same side of a sign, and it prohibits triangular or other multi-faced sign structures.

9-6(c)

Billboard Signs Shall Be Prohibited in Professional, Residential, MHP and EX-1 Zones.

9-6(d)

Bus Shelter Signs Shall Be Permitted in Professional, Business and Industrial Zones 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 ten (10) feet.

(3)

The location of each sign

(a)

shall be no closer than fifty (50) feet to any boundary line of any property located in any residential or MHP zone;

(b)

shall be no closer than one hundred (100) feet to another bus shelter sign;

(c)

shall be at regular stops of the public transit system and the specific location shall be approved by the technical advisory committee (TAC) of the metropolitan planning organization for transportation;

(d)

may be permitted to encroach upon locally maintained public rights-of-way, if so approved by the TAC.

(4)

A bus shelter sign shall be removed if it will no longer be located at an official bus stop. Such sign shall be removed no more than thirty (30) days after the official route change.

9-6(e)

Bus Shelter Signs Shall Be Prohibited in Residential, MHP And EX-1 Zones.

9-6(f)

Church or Civic Off-Premises Signs Shall Be Permitted in Any Zone subject to the following specific provisions for signs in this category:

(1)

The area of each sign relating to one church or civic club shall not exceed eight (8) square feet.

(2)

The area of each sign relating to more than one church or civic club shall not exceed twenty (20) square feet.

(3)

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

(4)

The location of each sign shall be no closer than one hundred (100) feet to any other such sign.

(5)

Only one (1) sign containing a message relating to a particular church or civic club activity may be erected facing any one (1) direction in advance of such activity on any one (1) street or road.

(Ord. No. 37-2009, § 2, 10-20-2009)