CITY OF PEWEE VALLEY SIGN ORDINANCE

ORDINANCE NO. 4 SERIES 2007

CREATING A NEW CHAPTER IN THE CODIFIED ORDINANCES REGARDING SIGNAGE

 

o       152.01 INTENT AND DECLARATION OF PUBLIC POLICY.

 

(A)  The purpose of this chapter is to authorize the use of signs which are compatible with their surroundings, appropriate to the activity which displays the sign, expressive of the identity of the individual activities and the community as a whole, and legible in the circumstances they are seen.

 

(B)  The City Council wishes to promote safety of persons and property by providing that signs do not create traffic hazards by distracting or confusing motorists, impairing the ability of motorists to see pedestrians, other vehicles, obstacles or to read traffic signs, that signs do not create a hazard due to collapse, fire, collision, decay or abandonment, and that they promote the aesthetics, safety, health, morals, and general welfare and protection of adequate light and air within the city by regulation of their posting, displaying, erection, use and maintenance.

 

(C)  It is the further intent of the City Council to promote the efficient transfer of general public and commercial information through the use of signs, to protect the public welfare, and to enhance the overall appearance and economic value of the landscape and preservation of the unique natural environment that distinguishes the city. 

 

(D)  These sign regulations shall apply to all exterior and window signs in the city.

 

o       152.02 DEFINITIONS.

 

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

 

ABANDONED SIGN.  A sign which was erected on property in conjunction with a particular use which has been discontinued for a period of 90 days or more, or a sign the content of which pertains to a time, event, or purpose which no longer applies.

 

ADMINISTRATOR.  That person designated by the City Council to enforce the provisions of this chapter.

 

BACK-TO-BACK SIGN.  A sign constructed on a single set of supports with messages visible on any side, provided that double message boards are physically contiguous.

 

BANNERS AND PENNANTS.  Any animated, rotating, fluttering, or non-stationary device made of flexible materials designed to attract, except decorative/noncommercial flags and banners not exceeding 12 square feet in area.

 

BUILDER IDENTIFICATION SIGN.  A sign denoting the name/logo of the builder.

 

BUILDING.  A structure having a roof supported by columns or walls and for the shelter or enclosure of persons, animals, materials, or property of any kind.

 

CANOPY.  A structure constructed of rigid materials, including but not limited to metal, wood, concrete, plastic, or glass, which is attached to and supported by a building or by columns, poles, or braces extended to the ground.

 

CANOPY SIGN.  A sign which is suspended from, attached to, supported from, or forms a part of a canopy.

 

CITY COUNCIL.  The body that hears and acts upon any appeals to this chapter.

 

DILAPIDATED SIGN.  Any sign which is insecure or otherwise structurally unsound, has defective parts, or is in need of painting or maintenance.

 

ELECTRICAL SIGN.  A self-illuminated sign or sign structure in which electric wiring, connections, and/or fixtures are used as part of the sign proper.

 

FAÇADE.  The entire building wall, including main street wall face, and parapet, facia, windows, doors, canopy, and roof on any complete elevation.

 

FLASHING SIGN.  Any lighted or electrical sign which emits lights in sudden transitory bursts.

 

FREE-STANDING SIGN.  A sign supported by a sign structure secured in the ground and which is wholly independent of any building, fence, vehicle, or object other than the sign structure, for support.

 

FRONTAGE.  The length of the property line of any one premises or parcel serving as a public right-of-way line.

 

HEIGHT OF SIGN.  The vertical distance measured from the adjacent average elevation of road to the top of the sign face or sign structure, whichever is greater.

 

IDENTIFICATION SIGN.  A permanent ground sign which identifies an office park, industrial park, multi-family complex, retail center, shopping center, or subdivision (that is, a single-family residential district).

 

ILLUMINATED SIGN.  Any sign which is directly lighted by an electrical source, internal or external. 

 

INFLATABLE SIGN.  A sign that is either expanded to its full dimensions or supported by gasses contained within the sign, or sign parts, at a pressure greater than atmospheric pressure. 

 

INGRESS/EGRESS SIGN.  A sign which designates only the direction of ingress or egress of a parking area or driveway, such as IN, OUT, and ONE-WAY.

 

MOVING MESSAGE BOARD.  Any electrical sign having a continuous message flow across its face by utilization of lights or other electrical impulses forming various words or designs.

 

NONCONFORMING SIGN.  Any sign which was granted a permit and was erected or displayed prior to the effective date of this chapter or subsequent amendments thereto, which does not conform with the standards of this chapter. 

 

OCCUPANCY.  Any use of or activity upon the premises.

 

OFF-PREMISE SIGN.  A sign identifying, advertising, or directing the public to a business, merchandise, service, institution, residential area, entertainment, or activity which is located, sold, rented, based, produced, manufactured, furnished, or taking place at a location other than on the property platted for the business where the sign is located. 

 

ON-PREMISE SIGN.  Any sign, the content of which relates to use, occupancy, function, service, or product sold or manufactured on the property plotted for the business where the sign is located.

 

PAINTED WALL SIGN.  A sign painted directly on any exterior building wall or door surface, exclusive of window and door glass areas on any outside wall or roof or on glass of any building.

 

PANEL  The primary surface of a sign upon which the message of the sign is carried.

 

PARAPET.  A vertical false front or wall extension above the roof line.

 

PENNANTS.  See BANNERS.

 

POLITICAL SIGN.  A sign erected by a political candidate, group, or agent thereof for the purpose of advertising a candidate or stating a position regarding an issue upon which the voters of the city should vote.

 

PORTABLE SIGN.  Any sign which is not permanently affixed to a building, structure, or the ground, or which is attached to a mobile vehicle.

 

PREMISES.  The real property (as a unit) which is affected either directly or indirectly by the contents of this chapter. 

 

PROJECT SIGN.  Any sign erected and maintained on the premises temporarily while undergoing construction by an architect, contractor, developer, finance organization, subcontractor, or materials vendor, upon which property such individual is furnishing labor, services, or material. 

 

PUBLIC RIGHT-OF-WAY LINE.  The line where the property meets the public right-of-way at a public street or public waterway provided that this definition shall not include unimproved alleys, easements, or other similar dedicated uses.

 

PUBLIC WAY.  Any street, highway, road, path, or right-of-way, whether privately or publicly owned, which is designed or used for vehicular or pedestrian traffic either by public right or custom, or by invitation of two or more common owners.

 

REAL ESTATE SIGN.  A temporary sign erected by the owner, or his or her agent, advertising the real property upon which the sign is located for rent, for lease, or for sale.

 

REAL ESTATE POINTER SIGN.  Arrow signs.

 

ROOF.  The exterior upper covering of the top of a building.

 

ROTATING SIGN.  A sign erected over or on, and wholly or partially dependent upon, the roof of any building for support, or attached to the roof in any way.  Any sign which revolves around one or more fixed areas.

 

SIDEWALK or SANDWICH SIGN.  A moveable sign not secured or attached to the ground or any building or structure.

 

SIGN.  Any device or representation the primary purpose of which is visual communication and that is used for the purpose of bringing the subject thereof to the attention of others and which is located on or attached to premises, real property, structures on real property, or a vehicle, except for the following:

 

(1)  Signs not sufficiently visible from a public street, or private property of another, that the subject of visual communication is discernable and that do not employ a means for attracting the attention of others through the use of lights or otherwise.

 

(2)  Non-illuminated names of buildings, dates of erection, monument citations, commemorative tablets, and the like when carved into stone, concrete, metal, or any other permanent type of construction and made an integral part of an allowed structure or made flush to the ground. 

 

(3)  Signs required by law or signs of a duly constituted governmental body.

 

(4)  Signs placed by a public utility for the safety, welfare, or convenience of the public, including but not limited to signs identifying high voltage, public telephone, or underground cables.

 

(5)  Signs upon a vehicle, provided that any such vehicle with a sign face of over two square feet is not conspicuously parked so as to constitute a sign; nothing herein prevents such a vehicle from being used for bona fide delivery and other vehicular purposes.

 

(6)  Temporary holiday decorations.

 

(7)  Numerals displayed on and denoting the address of a building or property which are not part of an otherwise existing attached or freestanding sign.

 

(8)  No trespassing, No hunting, No fishing, No loitering, and similar signs that do not exceed one square foot in area.

 

(9)  Any device or representation in a residential zone, meeting all of the criteria for a sign, but not displayed for more than five consecutive days or more than 20 days in a calendar year.

 

SIGN, AREA OF.  The area, measured in square feet, enclosed by the perimeter of the sign face.  With respect to signs which are composed of individual symbols, letters, figures, illustrations, messages, forms, or panels, sign area shall be considered to include all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign, and any *cutouts,*extensions, but shall not include any supporting structure or bracing.

 

SIGN FACE.  The part of the sign that is or can be used to identify, advertise, or communicate information, or for visual representation which attracts the attention of the public for any purpose.  Sign face includes any background material, panel, trim, color, and direct or self-illumination used that differentiates the sign from the building, structure, backdrop surface, or object which or against which it is placed.  The sign structure shall not be included as a portion of the sign face, provided that no message, symbol, or any of the aforementioned sign face criteria are displaced on or designed as part of the sign structure.

 

SIGN STRUCTURE.  A supporting structure erected, used, or intended for the purpose of identification or attracting attention, with or without a sign thereon, situated upon or attached to the premises, upon which any sign may be fastened, affixed, displayed, or applied, provided, however, that this definition shall not include a building, fence, wall, or earthen berm.

 

SNIP SIGN.  A sign which is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, or fences, or to other objects, and the advertising matter appearing thereon is not applicable to the present use of the premises on which such sign is located. 

 

SWINGING SIGN.  A sign installed on an arm, mast, or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole. 

 

TEMPORARY SIGN.  Any sign or information-transmitting structure intended to be erected or displayed for a limited period.

 

TIME AND TEMPERATURE SIGN.  An electrical sign utilizing lights going on and off periodically to display the current time and temperature in the community.

 

TRAFFIC DIRECTION or SAFETY SIGN.  A sign which is on-premises consisting of type and/or an arrow and is designed , sized, and erected solely for the purpose of vehicular or pedestrian traffic direction, parking, or safety. 

 

VEHICLE SIGN.  A permanent or temporary sign affixed, painted on, or placed in or upon any parked vehicle, parked trailer, or other parked device capable of being towed, which is displayed in public view under such circumstances as to location on the premises, time of day, duration, availability of other parking space on the premises, and the proximity of the vehicle to the  area on the premises where it is loaded, unloaded, or otherwise carries out its principal function, which circumstances indicate that the primary purpose of said display is to attract the attention of the public rather than to serve the business of the owner thereof in the manner which is customary for said vehicle.

 

WINDOW SIGN.  Any sign which is painted on, applied to, attached to, or projected upon or within the exterior or interior of a building glass area, including doors, or located within 15 feet of the interior of a building glass area, including doors, the identification, message, symbol, insignia, visual representation, logotype, or any other form which communicates information of which can be read from off premises contiguous property or public right-of-way. 

 

WINDOW SIGN, TEMPORARY.  A window sign of a temporary nature used to direct attention to the sale of merchandise, or a change in the status of the business, including but not limited to signs for sales, specials, going out of business, and grand openings.

 

o       152.03 ADMINISTRATION.

 

The city shall have the responsibility and full authority to administer and enforce all provisions of this chapter.

 

o       152.04 PERMIT PROCEDURE.

 

(A)  No sign or sign structure, except as provided in 152.13 shall be erected, displayed, altered, relocated, or replaced until a sign permit has been issued.  For the purpose of this chapter, all signs are considered accessory uses of real property and shall be located on the premises of the principal use to which they pertain.

 

(B)  Applications for sign permits shall be submitted on a form provided by the City, shall be accompanied by the requisite review fee, and shall contain or have attached at a minimum the following information in either written or graphic form:

 

(1)    Application date.

 

(2)    Name, address, and telephone number of the sign owner and, if different, the owner of the land on which the sign will be erected.

 

(3)    Address of the property where the sign or sign structure will be erected.

 

(4)    Signature(s) of the sign owner and, if different, the owner of the land on which the sign will be displayed.

 

(5)    Location of the sign on the property.

 

(6)    Type of sign (for example, monument or wall) and general description of structural design and construction materials.

 

(7)    Drawings of the proposed sign which shall contain specifications indicating color samples, height, perimeter, and area dimensions, means of support, method of illumination if any, and any other significant aspect of the proposed sign.

 

(8)    Any other information requested by the City Administrator in order to carry out the purpose and intent of these regulations.

 

(C)  The permit review fee as required by this section shall be set periodically by the City Council and shall be set initially at $20.

 

o       152.05 REMOVAL OF SIGNS.

 

(A)  The City may remove or order the removal of any sign constructed after the enactment of this chapter which is not in conformance with the provisions of this chapter.  Ten days notice shall be given to the sign and/or land owner prior to removal.

 

(B)  If the City shall find any sign an immediate peril to persons or property, the sign shall be removed.  If the City cannot locate the sign owner or lessor for immediate removal of the sign, the City shall have the sign removed by city employees.

 

(C)  The City Mayor shall delegate primary enforcement of this ordinance to the appropriate city official, such as the Chief of Police, City Attorney or other authorized City official as appropriate.

 

o       152.06 VARIANCES

 

(A)  The City Council may grant variances to allow for variations to the criteria specified in this chapter.

 

(B)  The City Council may consider applications for variances only in situations where the applicant has been denied a sign permit by the City Administrator.  The City Council may grant a variance if it finds that the following physical conditions exist:

 

(1)    The zoning lot on which an activity is located is unusually shaped or exhibits unusual topography; and

(2)    Such physical characteristics prevent legal signage from identifying the activity as compared to legal signage identifying other activities in the immediate area.

 

(C)  The City Mayor, at his or her discretion, may grant a variance for a temporary sign which will exist for a period not to exceed 14 days.

 

o       152.07 GENERAL STANDARDS

 

(A)  The regulations in this section specify the numbers, types, sizes, heights, and locations of signs which are permitted within the city and which require a permit.  Any sign regulations approved by the City Council may supersede all or parts of this section.

 

(B)  In measuring the area of signs permitted under these regulations, the entire face of the sign (one side only for back-to-back signs) shall be included.  Where both sides of a back-to-back (parallel) sign contain lettering or other allowable display, only one side shall be used to compute the allowable size of the sign.  Where a sign consists of two or more faces which are not back-to-back (parallel), each sign shall be calculated separately.

 

(C)  All signs shall have zero setback from the property line; however, no sign shall be placed closer than ten feet from the curb and/or street edge.

 

o       152.08 PROHIBITED SIGNS.

 

(A)  The following types of signs are prohibited unless specifically stated otherwise in this chapter:

 

(1)    Swinging signs.

(2)    Snip signs.

(3)    Banners (except as permitted in 152.11)

(4)    Off-premises signs.

(5)    A sign which contains any moving, flashing, animated lights, visible moving, or moveable parts, or giving the appearance of animation.

(6)    Roof signs.

(7)    Vehicle signs.

(8)    Any sign which emits a sound, odor, or visible matter.

(9)    Any sign which obstructs free ingress to or egress from a required door, window, fire escape, or other required exit way.

(10)Any sign and/or sign structure which obstructs the view of, may be confused with, or purports to be a governmental or traffic direction/safety sign.

(11)Any sign or sign structure other than free-standing and vertical wall extension, any portion of which extends above the parapet, building roof line, or canopy against which the sign is located. 

(12)Signs using the words stop, danger, or any other word, phrase, symbol, or character in a manner that misleads, confuses, or distracts a vehicle driver.

(13)Moving message and time and temperature signs.

(14)Except as otherwise provided, no sign whether temporary or permanent, except by a public agency, is permitted within any street or highway right-of-way.

(15)Signs painted on or attached to trees, fence posts, rocks, or other natural features, telephone, or utility poles or painted on the roofs of buildings visible from any public thoroughfare.

(16)Subdivision identification ensigns.

(17)Abandoned or dilapidated signs.

(18)Any sign which exhibits statements, words, or pictures of obscene, pornographic, or immoral subjects.

(19)Portable signs (except those denoting personal events such as birthdays and anniversaries which are not in place for more than five consecutive days).

(20)Signs affixed to a private residence or dwelling or displayed upon the grounds thereof, except one personal identification sign not exceeding two square feet and one non-illuminated for sale or for rent sign not exceeding 7 ½ square feet.

(21)Inflatable signs.

(22)Real estate pointer (arrow) signs.

(23)Canopy signs.

(24)Painted wall signs.

(25)Rotating signs.

 

o       152.09 SIGN ILLUMINATION.

 

(A) Electrical requirements.  Electrical requirements pertaining to signs shall be as prescribed under the electrical codes of the Commonwealth of Kentucky and Jefferson County, as they may change from time to time, and as they have been adopted by the city.

 

(B)  Permissible means.  If illuminated, signs shall be illuminated only by the following means:

 

(1)    By a white, steady stationary light of reasonable intensity shielded and directed solely at the sign.

(2)    By white interior light.

(3)    Light sources to illuminate signs shall be shielded from all adjacent residential buildings and streets and shall not be of such brightness so as to cause glare hazardous to pedestrians or auto drivers or so as to create a nuisance to adjacent residential districts and shall comply with the applicable restrictions (for example, off premises spill-over into residential area) of 150.01.

 

o       152.10 MATERIAL AND STYLE.

 

(A)  Signs shall not have light reflecting backgrounds but may use light reflecting lettering.

(B)  The various parts of a sign shall be compatible.

 

(C)  A multi-faced sign shall have the same name and same message on all used faces.

 

(D)  It is the intent of this chapter to encourage signs of standard geometric shapes.

 

(E)  Except in the C1 zoning district, signs shall not be of or contain a commercial sponsor name or motif (soda bottles, hamburgers, or other figures), or other outdoor commercial displays.

 

o       152.11  TEMPORARY SIGN REQUIRING A SIGN PERMIT.

 

 (A) (1) Temporary commercial and residential construction/development phase signs shall be limited to two signs per development, not to exceed one per street entrance.  The maximum width shall be four feet; the maximum area shall be 16 square feet, with a maximum of two sides per sign.

 

(2)  Removal of signs from single-family subdivisions shall be required when 80% of the lots are sold.

 

(B)  Banners to be placed above the public right-of-way advertising an event to occur within the city that is sponsored by the city, or a non-profit organization based in the city or affiliated with a similar organization within the city.

 

(1)    Should the City deny a permit under this section, the applicant may appeal to the City Council, as set forth in 32.60.

(2)    Any banner placed under this section shall remain in place for no more than 30 consecutive days and at its lowest point above the public right-of-way shall be no less than 13 ½  feet above the right-of-way.

(3)    Banners may only be permitted within the CN, C1, and OR zoning districts.

 

(C)    Churches and schools shall not be exempted from the sign ordinance; however, they shall be subject to special regulation in regard to their public events as follows.

 

(1)               Total event signage (including, but not limited to fish fry, picnic, festival) shall be limited to a total of 32 square feet for all signage.

(2)               No event signage shall be places prior to 30 day before the event and must be removed within 3 days after the event.

(3)               All signage must be place on school/church proeprty, no off premise signage allowed.

(4)               Providing the above conditions are met, no specific permit will be required for even signage through the City of Pewee Valley.

 

(D)    The City of Pewee Valley maintains a marquee sign on which events are announced.  The guidelines for use by the public are as follows.

 

(1)               The City of Pewee Valley shall have priority over all other proposed uses by other organizations.  Next in priority are other non-profit organizations, which may also ask to use the marquee on a first come first served basis

(2)               The City reserves the right to deny any request.

(3)               All requests must be made 21 days in advance.

 

 

o       152.12 PERMANENT SIGNS REQUIRING A PERMIT

 

Permits shall be required for allowed permanent signs that conform to the following criteria:

(A)  Within the C1 zoning district:

 

(1)    Single commercial establishments.  Single commercial establishments shall be limited to one sign per street frontage not to exceed two signs.

 

The type of sign shall be monument and/or wall/marquee.  The size and height shall be limited to:

 

(a)    Monument:  40 square feet in area and ten feet in height.

(b)    Wall/marquee:  the sign area cannot exceed 50% of the length of the façade or a maximum area of 100 square feet, and three feet in height.

(c)    Backlighting and indirect lighting are recommended.  Internal lighting shall be allowed when that lighting illuminates sign graphics (lettering and logos0 only and the remainder of the sign is opaque (transmitting no light).

 

(2)    Retail/shopping center.  Centers with four or more establishments planned as an integrated development shall be authorized to erect signs based on the following criteria:

 

(a)    Center identification signs shall be limited to one monument type sign per street entrance not to exceed two signs per development.

(b)    Signs shall be of monument and/or wall/marquee type.

(c)    The minimum area of the sign shall be ten square feet, the maximum area shall be 30 square feet, and maximum height shall be five feet.

(d)    Backlighting and indirect lighting are recommended.  Internal lighting is allowed when that lighting illuminates sign graphics (lettering and logos) only and the remainder of the sign is opaque (transmitting no light).

 

(3)    Sidewalk sandwich signs.  Sidewalk sandwich signs shall be limited to one per business.  The height cannot exceed four feet when standing and 2 ½ feet in overall width.  The sign must be placed within 12 feet of the front entrance of the business establishment.

 

(4)    Gasoline filling stations.

 

(a)    Petroleum products pumps and dispensers which are within view of a public way shall be permitted to display only information required by law and, in addition, the brand name and type of product being dispensed.

(b)    Premises which dispense retail bulk petroleum products by pump shall be permitted one additional sign on the premises announcing the price per gallon of no more than four products with characters not exceeding 12 inches in height.  In lieu of the one additional sign permitted above, the price per gallon may be displayed on each individual pump structure with characters not exceeding six inches in height.

 

(B)  Zoning lot with one office building within the OR or C1 zoning districts:

 

(1)    The building shall be limited to one sign of monument type.

(2)    The sign shall be 20 square feet in area and three feet in height.

(3)    Backlighting and indirect lighting are recommended.  Internal lighting is allowed when that lighting illuminates sign graphics (lettering and logos) only and the remainder of the sign is opaque (transmitting no light).

(4)    One wall/marquee door sign shall be permitted at each individual exterior business entrance, not to exceed six square feet nor 1 ½ feet in height.

 

(C)  Office complex within the OR zoning district:

 

(1)    A complex with two or more office buildings planed as an integrated development shall be authorized to erect signs based on the following criteria:

 

(a)     Each individual building within the complex may erect one sign of monument type.

(b)    The sign shall be a maximum of 20 square feet in area four feet high.

(c)     Backlighting and indirect lighting is recommended.  Internal lighting is allowed when that lighting illuminates sign graphics (lettering and logos) only and the remainder of the sign is opaque (transmitting no light).

 

(2)    Each individual business establishment within an office building may erect:

 

(a)     One wall/marquee type sign.

(b)    The sign shall be one square foot for each two linear feet of building frontage with the maximum sign area not to exceed 16 square feet.  The highest point of the sign may not be more than seven feet above grade.

(c)     Backlighting and indirect lighting is recommended.  Internal lighting is allowed when that lighting illuminates sign graphics (lettering and logos) only and the remainder of the sign is opaque (transmitting no light).

 

(D)  Within the CN zoning district:

 

(1)    All signs within the CN zoning district shall be constructed of wood and shall be painted.

 

(2)    No sign with the CN zoning district shall be illuminated other than by the ambient light from ordinary and permitted sources, such as street lights located on or in the public right-of-way.

 

(3)    No sign shall exceed the dimensional limitations of division (A) of this section.

 

o       152.13 SIGNS NOT REQUIRING A PERMIT.

 

Permits shall not be required for allowed signs conforming with the following specified criteria:

 

(A)  Real estate signs – residential.

 

(1)    Residential real estate signs shall be limited to one per lot.

(2)    The size and height shall be limited 30 x 36.

(3)    Signs must be removed within five days of closing.

 

(B)  Builder identification sign.

 

(1)    Builder identification signs shall be limited to one per property.

(2)    The size and height shall be limited to 30 x 36.

(3)    The sign must be removed within five days after the closing.

 

(C)  Commercial real estate or lease signs.

 

(1)    Retail/shopping centers and office complexes shall be limited to one sign per street entrance to the development.

(2)    Zoning lots with one commercial establishment shall be limited to one sign per vacancy.

(3)    The maximum size and height of freestanding signs shall be 12 square feet and three feet in height.

(4)    Signs erected for multi-tenant developments alone street frontage for the purpose of indicating the availability of property for sale or lease must be removed when the development has reached 80% occupancy.  All other categories of commercial property real estate or lease sign must be removed within five days of the closing or lease of the property.

 

(D)  Political signs.

 

(1)    The maximum size shall be six square feet.

(2)    Political signs shall not be posted more than 30 days prior to the election to which the sign relates and shall be removed within five days after the election to which the sign pertains.

 

o       152.14 NONCONFORMING SIGNS.

 

(A)  Any sign that met all legal requirements when constructed but that is not in compliance with this chapter shall be deemed a nonconforming sign.

 

(B)  Nonconforming signs must be removed if:

 

(1)    Fifty percent of the sign has been damaged or destroyed.  At that point, the sign must be erected in conformance with these regulations.  If the damage or destruction is less than 50%, the sign may be restored but shall not be enlarged in any manner; or

(2)    The sign has not been used for a period of six months or longer; or

(3)    The sign is relocated on the same or different premises; or

(4)    There are any modifications to the sign or its message other than routine maintenance.

 

(C)  The City may remove or order the removal of any sign which falls into categories set forth in divisions (B) (1) through (B) (4) of this section, provided, however, that the city shall give ten days notice of the intent to remove said sign to the owner of the sign and to the owner of the property upon which the sign is constructed.  The City may, following said notice, remove the sign at the city’s expense and bill the owner for all costs, such costs constituting a lien on the property of the sign’s owner until the owner reimburses the city for such expense.

 

o       152.15 PROTECTION OF FIRST AMENDMENT RIGHTS.

 

Any sign, display, or device allowed under this chapter may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale, and that complies with all other requirements of this chapter.

 

 

o       152.99 PENALTY.

 

Any person who violates any provision of this chapter for which another penalty is not otherwise provided shall be fined not less than $10 nor more than $100 for each offense.  Each day the offense exists shall constitute a separate offense.

 

 

 

 

 

First reading                             April 2, 2007

 

Second reading:                        May 7, 2007

 

Passage and Approval: __________________

 

 

 

 

 

 

                                    _______________________ 

                                                                        Bob Rogers Mayor

 

ATTEST:

___________________

Robin S. O’Bryan, City Clerk

 

                                                                                                "Aye" Votes:_____________

 

                                                                                                ________________________

 

                                                                                                ________________________

 

                                                                                                ________________________

 

 

 

                                                                                                "Nay" Votes:_____________

 

                                                                                                ________________________

 

                                                                                                ________________________

 

                                                                                                ________________________