9-1(a)

Intent. The intent of this article is to establish regulations for devices that are sufficiently visible to persons not located on the lot where such devices are displayed to accomplish either of the following objectives: to attract the attention of such persons or to communicate messages to them. Such devices are defined as signs in this article. It is not the intent of this article to alleviate any requirements of any other government agency regarding the regulation of signs. The regulations herein are established to achieve the following public purposes:

(1)

To preserve and improve the physical appearance of the community, by providing that the functions, dimensions, arrangement, number, and features of signs be compatible with the physical character and intensity of the land-use activities in their surroundings.

(2)

To promote public safety, by providing that signs do not confuse, mislead, distract or obstruct the vision of motorists, and that signs remain safe and secure during extreme and adverse weather conditions.

(3)

To promote the economic welfare of the community, by providing businesses a reasonable opportunity to use signs to communicate, to advertise and to assist potential customers to locate and identify desired products, goods, services, or facilities.

(4)

To protect free speech, by providing that the specific content of sign messages be determined by the sign owner, and that the general content of sign messages be distinguished only for the purposes of determining the appropriate locations for signs based on their functions and features.

9-1(b)

Exempt signs. The following signs are outside the scope of this article and shall be exempt from all provisions of this article:

(1)

Signs that are not visible beyond the boundaries of the lot or parcel upon which they are located or from any public right-of-way.

(2)

Nonilluminated incidental signs under two (2) square feet in area.

(3)

Public signs authorized to be erected under local, state, or federal law which control or direct traffic.

(4)

Signs erected temporarily to warn of danger or hazardous conditions.

(5)

Signs displayed on trucks, buses, trailers, or other vehicles that are being operated in the normal course of a bona fide business or transportation service.

(6)

Signs or other displays that are located inside buildings, sports complexes, or similar facilities, which may be incidentally visible from public rights-of-way, but which are not primarily intended to communicate a message to or attract the attention of people moving about public rights-of-way.

(7)

Temporary traditional displays or decorations, when such are clearly incidental to and customarily and commonly associated with any national, local or religious holiday, celebration or festival.

(Ord. No. 37-2009, § 2, 10-20-2009)

Particular terms are defined for the purposes of this article, as follows:

Abandoned sign means a sign which no longer correctly identifies or advertises a bona fide business, lessor, service, owner, product, or activity on the premises where the sign is displayed.

Animated sign means a sign that includes any action or motion. For the purposes of this article, this term does not refer to flashing signs or to electronic changeable copy, both of which are separately defined.

Banner means a temporary sign applied to cloth, paper, vinyl, fabric, plastic or like malleable material, with or without frame.

Billboard sign means any off-premises sign other than a bus shelter sign or church or civic club off-premises sign.

Bus shelter sign means an off-premises sign erected on a public bus shelter.

Business sign means an on-premises sign located where the primary use of the premises is commercial, industrial, or professional, including parking areas that are accessory to such uses.

Building sign means a sign connected to and supported solely by a building, canopy, marquee, or awning.

Church off-premises sign means an off-premises sign erected by a religious organization to direct the public to church-related activities.

Civic club off-premises sign means an off-premises sign erected by any nationally, regionally or locally known non-profit organization(s) to announce the presence of organizational chapters and activities within the community.

Consolidated shopping center sign means a sign constructed for shared use by shopping center tenants, whether tenants are located on common property or on individual lots within an approved development. A consolidated shopping center sign complying with specific requirements of this section shall not be considered an off-premise sign.

Construction sign means a temporary sign that contains a message relating to construction work in progress or upcoming on the premises where the sign is displayed.

Copy means any word, letter, number or emblem that is a feature of a sign.

Electrical sign means a sign or sign structure in which electrical wiring, connections, or fixtures are used.

Electronic changeable copy means copy that is changed by electronic or electrical control of a bank of light-emitting, light-reflecting, or light-silhouetting copy elements.

Erect means to construct, build, raise, assemble, place, affix, create, paint, draw or in any way bring into being or establish.

Facade means the entire building front including walls, windows, gables, parapets, and mansards.

Farm sign means an on-premises sign located on property ten (10) acres or more in area used for agricultural purposes. Such property less than ten (10) acres in area shall be considered a residential use if it contains any dwelling units, and vacant land if it does not (see definition of residence sign).

Federal aid primary highway (Owensboro, Whitesville) means any highway, road, street, bridge, overpass, etc. which is designated a portion of the federal aid primary highway system as may be established by law or so designated by the state and federal departments of transportation.

(Unincorporated Daviess County) Refer to "state-sign-controlled highway."

Flashing sign means any illuminated sign, electronic changeable copy, or any other illuminated device, whose lighting fluctuates, alternates, or otherwise varies in brightness, pattern, position or reflection, in order to attract attention or to phase copy changes in or out. Such a sign, copy, or other device is not a flashing sign if its lighting varies in brightness, pattern, position or reflection only instantaneously and concurrently on the entire sign at five (5) minute minimum intervals.

Identifiable (Unincorporated Daviess County only) means capable of being related to a particular product, service, business or other activity even though there is no written message to aid in establishing the relationship.

Illegal sign means a sign that does not meet the requirements of this article and which is not (legally) nonconforming; or a sign advertising an activity that is illegal under federal, state or local law.

Illuminated sign means a sign with an artificial light source incorporated internally or externally for the primary purpose of illuminating the sign.

Institution sign means an on-premises sign located where the primary use of the premises is institutional, including parking areas that are accessory to such uses.

Legible means capable of being read without visual aid by a person of normal visual acuity, or conveying an advertising message to a person of normal visual acuity.

Manual changeable copy means copy that is changed in the field by manual relocation of easily removable copy elements.

Nonconforming sign means a sign that was erected legally but which does not comply with the adopted sign regulations of this article for the zone in which it is located; also referred to as a legal nonconforming sign.

Off-premises sign means a sign that contains a message that does not relate to any activity or product on the premises where the sign is displayed; or a sign erected by a company or individual for the purpose of selling advertising messages for profit.

On-premises sign means a sign that attracts attention to or contains a message relating to an occupant, activity, or product on the premises where the sign is displayed.

Permanent sign means a sign constructed and intended for long-term use in a fixed location.

Place sign means an on-premises sign located at a principal street entrance serving a group of ten (10) or more lots in one subdivision or located on a premises containing a minimum of twenty four (24) dwelling units.

Political sign means a temporary sign that contains a message supporting the candidacy for office or urging action on matters on the ballot of an upcoming election or referendum. For the purposes of this article, political signs shall be considered on-premises signs.

Portable sign means a temporary sign that is affixed to a frame, which is designed to be moved easily and to be self-supporting when resting on a generally horizontal surface. For the purposes of this article, the temporary securing of such a sign to the ground, to a building or to any other structure shall not prevent its being considered a portable sign.

Premises means an area of land together with its buildings and other appurtenances which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

Public service message means a message pertaining to an activity or service which is performed for the benefit of the public and not for profit or gain of a particular person, firm or corporation or information such as time or temperature.

Real estate sign means a temporary sign that contains a message relating to the sale, rental or lease of the premises where the sign is located, or relating to the original sale of property in a new subdivision.

Residence sign means an on-premises sign located where the primary use of the property is residential, including home occupations, bed and breakfast homes, and parking areas that are accessory to residential uses. This term does not refer to signs on agricultural property ten (10) acres or more in area (see definition of farm sign).

Roof line means the top edge of the roof or the top of the parapet or mansard, whichever forms the top line of the building silhouette, excluding domes, spires, chimneys, masts, elevator penthouses and other incidental projections.

Sign means any device that is sufficiently visible to persons not located on the lot where such device is located to accomplish either of the following objectives: to attract the attention of such persons or to communicate message(s) to them. Where one (1) or more display modules are connected to the same structural supports, the entire assemblage of modules and supports shall be considered one (1) sign.

Sign area

(1)

Sign area shall be computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight straight lines, or a circle or an ellipse, enclosing the extreme limits of the copy or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself.

(2)

If the sign consists of more than one section or module, all of the area, including that between sections or modules, shall be included in the computation of the sign area. Temporary signs attached to a permanent sign structure shall not be included in the total sign area of the permanent sign structure.

(3)

With respect to two-sided, multi-sided, or three-dimensional signs, the sign area shall include the total of all sides designed to attract attention or communicate information that can be seen at any one time by a person from one vantage point. Without otherwise limiting the generality of the foregoing, the sign area of a double-faced, back-to-back or V-shaped sign shall equal the area of only one side of such sign, the larger side, so long as the angle between the backs of the two sides does not exceed forty-five (45) degrees.

Sign face means a generally vertical area of a sign on which copy is typically placed.

Sign height means the vertical distance measured from the highest point of the sign, including the frame and any embellishments, and the established grade at the nearest adjacent street frontage, except as otherwise specified in this article.

State-sign-controlled highway means any highway, road, street, bridge, or overpass that is designated to be included in the Federal Aid Primary, Parkway, Interstate, National Highway, or Scenic Highway/Byway system by the state or federal department of transportation.

Streamer means a temporary sign made of a string of ribbons, tinsel, pennants, pinwheels, or similar devices used to attract attention to the premises where it is displayed.

Temporary sign means a sign that is not constructed or intended for long-term use in a fixed location, including, but not limited to, banners, posters, balloons, other inflatable devices, streamers, and portable, construction, political, and real estate signs.

Urban areas means those areas which the state secretary of transportation, in the exercise of his sound discretion and upon consideration being given to the population within boundaries of an area and to the traveling public determines by official order to be urban; provided, however, that any such determination or designation of the secretary shall not, in any way, be at variance with the federal law or regulation thereunder or jeopardize the allotment or qualification for federal-aid funds of the Commonwealth of Kentucky.

Visible means capable of being seen, whether or not legible or identifiable, without visual aid by a person of normal visual acuity and erected for the purpose of being seen from the portion of a roadway dedicated to the movement of vehicles, exclusive of shoulders. This definition is not intended to preclude the location of a billboard sign along an intersecting or adjacent roadway that is erected for the primary purpose of being seen from the intersecting or adjacent roadway rather than from the subject roadway, unless otherwise specified in this article or by other government regulatory authority.

Wall means a vertical plane of a building below any eaves, cornices, mansards or parapets.

Yard sign means a sign supported upon the ground or attached to a pole or other structure and is independent of support from any building, canopy, marquee, or awning.

(Ord. No. 37-2009, § 2, 10-20-2009)

It shall be unlawful to erect, alter, maintain, enlarge, use, or display any sign or sign feature except in accordance with the provisions of this article.

9-3(a)

Prohibited Signs. Unless exempted from regulation by this article, the following types of signs shall be prohibited in all zones:

(1)

Abandoned signs.

(2)

Illegal signs.

(3)

Signs that imitate or resemble official traffic signs, signals, devices or other official signs, but are not authorized by government.

(4)

Signs, other than specifically permitted portable signs, that are displayed on vehicles or trailers which are parked or located for the primary purpose of displaying said signs.

(5)

Signs that are erected on the surface of any tree, rock or other natural feature.

(6)

Signs that emit any noise, odor or visible matter for the purpose of attracting attention.

9-3(b)

Signs Subject Only to Lighting Provisions. The following signs are generally outside the scope of this article and therefore shall be required to comply only with the general provisions of this article relating to lighting:

(1)

Signs authorized to be erected under local, state, or federal law which identify streets, address numbers, or public facilities, describe historic sites or districts, accommodate the delivery of mail, announce and promote special community events, or communicate public information.

(2)

Illuminated decorative lighting strings, spotlighting, or similar lighting sources on building exteriors or in yards (excluding temporary traditional displays above), which do not primarily illuminate copy but which are visible from any public right-of-way.

(3)

Works of fine art, commemorative plaques, grave markers, and similar devices that in no way depict, identify, or advertise a product or business.

(4)

Noncommercial symbols, flags, pennants or insignia of governments, or of religious, civic, fraternal, or educational institutions (except that such symbols used in connection with commercial promotions or as advertising devices shall comply with applicable regulations of this article).

(5)

Signs and other displays located inside a building window and intended to communicate a message or to attract the attention of people moving about public rights-of-way.

(6)

Signs attached and incidental to retail product dispensers.

(7)

Signs displayed on and incidental to vehicles that are for sale, provided that the primary purpose of such a vehicle is not for the display of signs.

9-3(c)

Sign Permits. A sign permit and payment of fees shall be required for the following types of signs and activities:

(1)

All off-premises signs: to erect, relocate, rewire, or enlarge any part of such signs, or to alter structural supports;

(2)

Portable signs that exceed ten (10) square feet in area: to erect or relocate such signs;

(3)

On-premises permanent signs that are electrical and/or exceed ten (10) square feet in area: to erect, relocate, rewire, or enlarge any part of such signs, or to alter structural supports, or to repaint or otherwise reface any such existing sign so that its copy relates to a new principal occupant on the premises (refer to provisions in this article for nonconforming signs).

For permit procedures, refer to provisions in this article for administration and enforcement. Permits and fees shall not be required for signs that are not listed above. For signs listed above, permits and fees shall not be required to maintain such signs in good condition, including the refacing of existing display modules, so long as such work does not include any activity requiring a permit above.

9-3(d)

Sign Location on Property. Unless otherwise specifically provided, signs may be attached to buildings (building signs) or may be freestanding (yard signs).

(1)

Temporary sign locations. Temporary signs, with the exception of construction, real estate, political signs, civic and church signs in accordance with Section 9-5(f), and [with the exception of] building signs attached to the principal or accessory structures, shall be limited to two (2) signs per individual lot. Signs may be located within the property boundary a minimum of ten (10) feet from the back of curb or pavement, but in no case shall be located on public right of way. Temporary signs shall not exceed forty (40) square feet in size.

9-3(e)

Signs and Public Rights-of-Way. No sign shall be erected on or overhanging the edge of any public right-of-way unless specifically provided in this article.

9-3(f)

Signs and Traffic Visibility. All signs erected near street and driveway intersections shall comply with the dimensional requirements of traffic visibility sight triangles, as specifically provided in Article III of this zoning ordinance.

9-3(g)

Lighting. Any sign may be illuminated. The following provisions shall apply to all illuminated signs:

(1)

Flashing signs shall be prohibited, unless otherwise specified in this article.

(2)

Light sources shall be located and/or shielded in a fashion that minimizes to the greatest possible extent the direct rays of any bulb that exceeds one hundred (100) watts from shining into the eyes of motorists on vehicular rights-of-way.

(3)

Light sources shall be located and/or shielded in a fashion which minimizes to the greatest possible extent the direct rays of such light sources penetrating into any adjoining property located in a residential or manufactured housing park zone or used for residential purposes.

9-3(h)

Changeable Copy. Any sign may include manual changeable copy. No sign shall include electronic changeable copy unless specifically provided in this article. The changing of such copy on permitted signs shall not require a permit, unless otherwise provided by this article.

9-3(i)

Animation. No sign shall be animated unless specifically provided in this article.

9-3(j)

Construction and Safety Standards. All signs shall be erected in accordance with all applicable requirements of locally enforced building, fire, electrical and safety codes.

9-3(k)

Maintenance. All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. The Zoning Administrator shall have the right to order the repair or removal of any sign that is defective, damaged, or substantially deteriorated.

(Ord. No. 37-2009, § 2, 10-20-2009)

Overlay district as defined in this ordinance may include requirements for signs subject to the provisions included in this chapter. The overlay districts may include more or less restrictive standards for on-and off-premise signs. In the event of a conflict between a specific overlay district requirement and other provisions of this chapter, the specific overlay district regulations shall apply to those properties located within the identified- overlay districts.

9-4(a)

Downtown Overlay District. All signs in the Downtown Overlay District shall meet the sign standards established in Article XXI. For signs not regulated by Article XXI, standards in Article IX shall apply unless otherwise prohibited in Article XXI.

(Ord. No. 37-2009, § 2, 10-20-2009)

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)

(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)

9-6[9-7](a)

Continuance. A nonconforming sign shall be allowed to continue in use subject to the following provisions. A nonconforming sign shall lose its nonconforming status and shall thereafter be considered an illegal sign, if any of the following events occurs:

(1)

The sign fails to conform to any applicable discontinuance requirements as established herein below.

(2)

The sign is not properly maintained in good condition.

(3)

(Owensboro, Whitesville) The sign is moved and thereafter does not comply with all regulations of this article.

(Unincorporated Daviess County) The sign is moved and thereafter does not comply with all regulations of this article, unless excepted by Section 9-6(c) below.

(4)

The sign is altered in any way that increases the degree of its nonconformity.

(5)

The sign is abandoned.

(6)

(Owensboro, Whitesville) The sign is damaged, destroyed, or deteriorated to the extent that the estimated cost of reconstruction exceeds fifty (50) per cent of the appraised replacement cost as determined by the Zoning Administrator.

(Unincorporated Daviess County) The sign is damaged, destroyed, or deteriorated to the extent that the estimated cost of reconstruction exceeds fifty (50) per cent of the appraised replacement cost as determined by the Zoning Administrator, unless excepted by Section 9-6(c) below.

9-7(b)

Discontinuance Requirements.

(1)

Nonconforming temporary signs shall conform to all provisions of this article upon its adoption.

(2)

Nonconforming flashing signs shall conform with the provisions of this article relating to lighting on or before December 31, 1989.

(3)

Nonconforming animated signs shall conform with the provisions of this article relating to animation on or before December 31, 1989.

(4)

Nonconforming on-premises permanent signs shall conform to all provisions of this article at such time as a new principal occupant takes occupancy of the premises where such signs are located.

(5)

Nonconforming signs located within the Downtown Overlay Districts shall comply with the provisions contained within Article XXI.

9-7(c)

Nonconforming Billboard Signs. (Unincorporated Daviess County only) A nonconforming billboard sign may be repaired if no substantial structural or dimensional changes are made. A nonconforming billboard sign may be substantially reconstructed or replaced by a new billboard sign at the same location, subject to the following requirements: Sign area shall not exceed the area of the original sign; sign height shall conform with current regulations; and, reconstruction or replacement of the sign shall be permissible by the state highway department if the sign's location is subject to state regulations applicable to state-sign-controlled highways.

(Ord. No. 37-2009, § 2, 10-20-2009)

9-8

(a) Zoning Administrator. The Zoning Administrator is authorized to process applications for permits and to enforce and carry out all provisions of this article, both in letter and in spirit. The Zoning Administrator is authorized to promulgate policies and procedures consistent with this function.

9-8(b)

Application for Permits. Application for a permit for sign types and activities requiring a permit shall be made to the Zoning Administrator upon a form provided by the Zoning Administrator, and shall include such information as required by the Zoning Administrator.

9-8(c)

Permit Issuance and Other Conditions.

(1)

No sign permit will be issued by the Zoning Administrator until a permit fee is paid as established by law.

(2)

The Zoning Administrator shall issue a permit for the erection, alteration, or relocation of a sign, provided that the sign complies with all applicable laws and regulations.

(3)

In all applications, where a matter of interpretation arises, the more specific definition or higher standard shall prevail.

(4)

The Zoning Administrator may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application.

(5)

If no inspections have been made and no work authorized by the permit has been performed, the permit fee may be refunded to the applicant upon request, provided that the permit is returned to the Zoning Administrator during the effective period of the permit.

(6)

If any sign requiring a permit is installed or placed on any property prior to receipt of a permit, the specified permit fee may be increased as established by law. However, payment of increased fees shall not relieve any person of any other requirements or penalties prescribed in this article.

9-8(d)

Removal of Signs by the Zoning Administrator. The Zoning Administrator may cause the removal of an illegal sign in cases of emergency, or for failure to comply with written orders of removal, alteration or repair (as provided in Article V of this zoning ordinance). Such removal shall be at the expense of the owner or lessee.

9-8(e)

Variances and Appeals. Refer to Article VII of this zoning ordinance for procedures relating to variances from the regulations of this article, administrative appeals to the board of adjustment, and appeals to the circuit court.

9-8(f)

Violations and Penalties. Refer to Article V of this zoning ordinance for procedures to follow when the Zoning Administrator finds any provisions of this article being violated and for penalties for violation of the regulations of this article.

(Ord. No. 37-2009, § 2, 10-20-2009)

If any portion of this article is found to be in conflict with any other provisions of this zoning ordinance, or with any provision of building codes, fire codes, safety codes, health codes, or any state regulation, the provision which establishes the higher standard shall prevail.

(Ord. No. 37-2009, § 2, 10-20-2009)

(Unincorporated Daviess County only) After the Kentucky Transportation Cabinet designates a roadway as a Scenic Highway/Byway, additional off-premise billboard signs shall not be erected along and visible from the roadway. It is the intention of the Daviess County Fiscal Court to seek Scenic Highway/Byway designation and to apply immediately the prohibition of additional off-premise billboard signs for the following highway segments:

US 60 East (from Wrights Landing Road to the William H. Natcher Bridge approach)

William H. Natcher Bridge and approach (from US 60 East to the Indiana state line)

(Ord. No. 37-2009, § 2, 10-20-2009)

Exhibit: Billboard Controlled Highways