CITY OF PEWEE VALLEY
ORDINANCE NO. _3___ SERIES 2008
REPEALING AND REPLACING CHAPTER 152 IN THE CODIFIED ORDINANCES REGARDING SIGNAGE
WHEREAS, the City desires to repeal and replace Chapter 152 of the codified ordinances to simplify its provisions and enforcement, as well as making the Pewee Valley ordinance more compatible with the current Oldham County sign regulations,
NOW THEREFORE, be it ordained as follows,
Section 1. Chapter 152 of the Pewee Valley Codified Ordinances is hereby repealed and replaced as follows:
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 definitions as set out in the Oldham County Comprehensive Zoning Ordinance, relating to signs, as may be modified from time to time, shall apply unless the context clearly indicates or requires a different meaning.
o 152.03 ADMINISTRATION.
The city shall have the responsibility and full authority to administer and enforce all provisions of this chapter, through the city’s designated enforcement official or officer.
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 152.04 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.
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. 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 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 ˝ 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 Oldham 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.
(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 ˝ feet above the right-of-way.
(3) Banners may only be permitted within the CN, C1, and O 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 placed prior to 30 days before the event and must be removed within 3 days after the event.
(3) All signage must be placed on school/church property, no off premise signage allowed, unless the sign has been historically placed in the same off site location without compliant from the landowner for more that 10 consecutive years.
(4) Providing the above conditions are met, no specific permit will be required for event 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 AG-1; CO-1; T; R-1; R-1A; R-2; R-2A; R-3; R-4A;
The Oldham County Comprehensive Zoning Ordinance, as may be amended from time to time, shall determine what signage is allowed within the AG-1; CO-1; T; R-1; R-1A; R-2; R-2A; R-3 and R-4A zoning classifications, with the exception that within all those districts within Pewee Valley, the only type of sign allowed shall be monument and/or wall/marquee type and the height of signs is capped at 10 feet. The setback and maximum sign area from any monument type sign shall be that allowed under the Oldham County Comprehensive Zoning Ordinance, as may be amended from time to time, for the AG-1; CO-1; T; R-1; R-1A; R-2; R-2A; R-3 and R-4A zoning classification.
(B) Within the R-4 zoning classification;
The Oldham County Comprehensive Zoning Ordinance, as may be amended from time to time, shall determine what signage is allowed within the R-4 zoning classification, with the exception that within any R-4 districts within Pewee Valley, the only type of sign allowed shall be monument and/or wall/marquee type and the height of signs is capped at 10 feet. The setback and maximum sign area from any monument type sign shall be that allowed under the Oldham County Comprehensive Zoning Ordinance, as may be amended from time to time, for the R-4 zoning classification under free standing signs. The setback and maximum sign area from any wall/marquee type sign shall be that allowed under the Oldham County Comprehensive Zoning Ordinance, as may be amended from time to time, for the R-4 zoning classification under wall signs.
(C) Within O-1; O-2 and C-N zoning districts:
The Oldham County Comprehensive Zoning Ordinance, as may be amended from time to time, shall determine what signage is allowed within the O-1; O-2 and C-N classification, with the exception that within any O-1; O-2 and C-N districts within Pewee Valley, the only type of sign allowed shall be monument and/or wall/marquee type and the height of signs is capped at 10 feet. The setback and maximum sign area from any monument type sign shall be that allowed under the Oldham County Comprehensive Zoning Ordinance, as may be amended from time to time, for the O-1; O-2 and C-N zoning classification under free standing signs. The setback and maximum sign area from any wall/marquee type sign shall be that allowed under the Oldham County Comprehensive Zoning Ordinance, as may be amended from time to time, for the O-1; O-2 and C-N zoning classification under wall signs.
(D) Within all the C-1; C-2; C-3 and C-4 zoning districts:
The Oldham County Comprehensive Zoning Ordinance, as may be amended from time to time, shall determine what signage is allowed within the C-1; C-2; C-3 and C-4 zoning districts, with the exception that within all C-1; C-2; C-3 and C-4 districts within Pewee Valley, the only type of sign allowed shall be monument and/or wall/marquee type and the height of signs is capped at 10 feet. The setback and maximum sign area from any monument type sign shall be that allowed under the Oldham County Comprehensive Zoning Ordinance, as may be amended from time to time, for C-1; C-2; C-3 and C-4 zoning districts under Free-standing Signs. The setback and maximum sign area from any wall marquee type sign shall be that allowed under the Oldham County Comprehensive Zoning Ordinance, as may be amended from time to time, for C-1; C-2; C-3 and C-4 zoning district under Wall Signs. Additionally, the following limitations apply:
(1) Single commercial establishments. Single commercial establishments shall be limited to one sign per street frontage not to exceed two signs.
(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 ˝ 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.
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 __________________
Second reading: __________________
Passage and Approval: __________________
ATTEST:
___________________
Robin S. O’Bryan, City Clerk
"Aye" Votes:_____________
________________________
________________________
________________________
"Nay" Votes:_____________
________________________
________________________
________________________