[Added 11-10-2020 by Ord. No. 20-04[1]]
[1]
Editor's Note: This ordinance also repealed former Art. X,
Signs and Outdoor Advertising Displays.
Signs and outdoor advertising displays shall be permitted in
all districts subject to the provisions and regulations contained
herein.
Words and phrases used in this article shall have the meanings
set forth in this section. Words and phrases not defined in this section
but defined in the Zoning Ordinance of the County shall be given the
meanings set forth in such ordinance. Principles for computing sign
area and sign height are contained in § 10.04. All other
words and phrases shall be given their common, ordinary meaning, unless
the context clearly requires otherwise. Section headings or captions
are for reference purposes only and shall not be used in the interpretation
of this article.
Abandoned signs shall be removed within 30 days of abandonment.
This section shall not apply to any sign associated with a vacant
business or property which is advertised and marketed for sale or
lease provided that the sign and the property is maintained in conformance
with all applicable provisions as established by the County. When
lenses are removed, a new lens or banner wrap shall be installed to
existing cabinets within 30 days.
Upon failure of sign owner or lessee, or property owner, to
comply with this chapter, the Codes Administrator shall issue a written
notice to the owner. The notice shall state that the sign shall be
removed within 30 days. If the owner fails to comply with the written
notice to remove the sign, the Codes Administrator is hereby authorized
to cause removal of the sign. Any expense incidental to the removal
of the sign, including reasonable attorney fees, shall be charged
to the owner of the property upon which the sign is located and shall
constitute a lien upon the property.
For the purpose of dealing with abandoned signs in this chapter,
the word "remove" shall mean:
The sign face, along with posts, columns, or supports of freestanding
signs, shall be taken down and removed from the property.
The sign face and supporting structures of projection, roof,
or wall signs shall be taken down and removed from the property.
The sign face of painted wall signs shall be removed by painting
over the wall sign in such a manner as to completely cover up and
hide from sight the sign in question.
Signs shall come equipped with a working ambient light sensing,
dimming device that automatically adjusts the sign's brightness in
direct correlation with natural ambient light conditions at all times.
No electronic display sign may exceed a brightness level of 0.3 footcandle
above ambient light as measured using a footcandle meter at a preset
distance depending on sign area as shown on Exhibit B.[1] Allowed in Highway Commercial and a conditional use in
C-2 (General Business), Light (M1) and Heavy (M2) Industrial districts.
Any sign that is an integral part of an essential appurtenance
necessary to the use of the premises, such as a menu board or gas
pump.
Any sign of lightweight fabric or similar material that is
permanently mounted to a pole or a building by a permanent frame at
one or more edges. National flags, state or municipal flags, or the
official flag of any institution or business shall not be considered
banners.
Any device used to cover over existing sign faces that may
or may not have artwork graphics intended to be used as signage. Usually
made of vinyl material, such a wrap might be considered temporary
or permanent and is used as a means to cover completely an existing
sign as a means of changing or covering sign content without the actual
removal of the existing sign. This wrap will be secured to existing
sign structure in such manner as to appear permanent and minimize
chances for becoming disengaged from original sign during normal exposure
period.
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same lot as the light
source; also, any light with one or more beams that rotate or move.
A sign with a minimum square footage of 100 square feet,
that is affixed to or erected upon a freestanding framework designed
or intended to be used for posting information not pertaining directly
to the use of the premises on which it is located.
Any sign indicating the name of a building and date and incidental
information about its construction, which sign is cut into a masonry
surface or made of bronze or other permanent material.
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
Any sign that is part of or attached to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area. A marquee is not a canopy.
A sign or portion thereof with characters, letters, or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign.
A sign constructed for shared use by a shopping center (three
or more 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-premises sign.
Any sign advertising a candidate or candidates for public
elective office, or a political party, or signs urging a particular
vote on a ballot issue.
A sign consisting of a string of ribbons, small flags or
pinwheels. "Festoon sign" shall also include balloons or umbrellas
used for advertising.
Any fabric, banner, or bunting containing distinctive colors,
patterns, or symbols, used as a symbol of the national government,
state or municipal government or the official symbol of any institution
or business.
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-minute minimum intervals.
A sign that is designated by the county as having historic
and/or architectural significance.
A sign which was not in compliance with the regulations in
effect at the time the sign was erected.
A sign that is designed to give artificial light directly
through a transparent or translucent material from a source of light
originating within such sign (i.e., internally lit or neon sign).
A sign, generally informational, that has a purpose secondary
to the use of the zone of the lot on which it is located, such as
"no parking," "entrance," "loading only," "telephone," and other similar
directives. No sign with a commercial message legible from a position
off the lot on which the sign is located shall be considered incidental.
For the purpose of this definition, logos shall not be considered
a commercial message. Maximum area of incidental sign shall not exceed
16 square feet.
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from the
weather.
Any sign attached to, in any manner, or made a part of a
marquee.
Any permanent sign that was erected or displayed prior to
the adoption of this article that does not conform with the requirements
herein cannot be placed or relocated on premises.
Any sign not located on the premises of the business, activity
or use to which the sign relates.
Public signs erected by or on behalf of a governmental body
or hospital to post legal notices, identify public property, convey
public information, and direct or regulate pedestrian or vehicular
traffic.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in series, designed to move in the wind.
Any sign used for an indefinite period of time which is supported
by structures or supports that are placed on, or anchored in, the
ground and that are independent from any building or other structure.
Any sign used for an indefinite period of time which maintains
its shape by air pressurization.
Any changeable copy sign not permanently attached to the
ground or other permanent structure, and including, but not limited
to, signs designed to be transported by means of wheels; balloons
used as signs; and signs attached to or painted on vehicles parked
and visible from the public right-of-way, unless said vehicle is used
in the normal day-to-day operations of the business.
The building in which is conducted the principal use of the
lot on which it is located. Lots with multiple principal uses may
have multiple principal buildings, but storage buildings, garages,
and other clearly accessory uses shall not be considered principal
buildings.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than six inches beyond the surface of
such building or wall.
Any sign located in a district zoned for residential uses
that contains no commercial message except advertising for goods or
services legally offered on the premises where the sign is located,
if offering such service at such location conforms with all requirements
of the Zoning Ordinance.
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure, and extending vertically
above the highest portion of the roof.
Any sign erected or constructed as an integral or essentially
integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of
the roof and such that no part of the sign is separated from the rest
of the roof by a space of more than six inches.
A sign which turns on its axis.
Any device, fixture, placard, or structure that uses any
color, form, graphic, illumination, symbol, or writing to advertise,
announce the purpose of, or identify the purpose of a person or entity,
or to communicate information of any kind to the public. This definition
includes supporting structure and frame.
A sign which is tacked, nailed, posted, pasted, glued or
otherwise attached to trees, poles, stakes, or fences, or to other
objects, including advertising, company identifications, services
offered, etc.
The distance for which a lot line of a lot adjoins a public
street, from one lot line intersecting said street to the furthest
distant lot line intersecting the same street.
A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
Any sign that's usefulness is for a limited period of time
and is not permanently mounted, including but not limited to menu
and sandwich boards, project signs, political signs, real estate signs,
special events signs and outdoor advertising consisting of displays
of merchandise or product, but excluding election signs.
Any sign attached parallel to, but within six inches of a
wall, painted on the wall surface of, or erected and confined within
the limits of an outside wall of any building or structure, which
is supported by such wall or building, and which displays only one
sign surface.
Any sign, pictures, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity,
event, sale, or service, that is placed inside a window or upon the
window panes or glass and is visible from the exterior of the window.
[1]
Editor's Note: See § 10.16G(2).
The following principles shall control the computation of sign
area and sign height.
A.Â
Computation of area of individual signs. The area of a sign face
(which is also the sign area of a wall sign or other sign with only
one face) shall be computed by means of the smallest square, circle,
rectangle, triangle, or combination thereof that will encompass the
extreme limits of the writing, representation, emblem, 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 canopy or marquee or any supporting framework, bracing, or decorative
fence or wall when such fence or wall otherwise meets zoning ordinance
regulations and is clearly incidental to the display itself. See Appendix
5.[1]
[1]
Editor's Note: So in original.
B.Â
Computation of area of multifaced signs. The sign area for a sign
with more than one face shall be computed by adding together the area
of all sign faces visible from any one point. When two identical sign
faces are placed back to back, so that both faces cannot be viewed
from any point at the same time, and when such sign faces are part
of the same sign structure and are not more than 42 inches apart at
the furthest point, the sign area shall be computed by the measurement
of one of the faces.
C.Â
Computation of height. The height of a sign shall be computed as
the distance from the base of the sign at the normal grade to the
top for the highest attached component of the sign. Normal grade shall
be construed to be the lower of:
(1)Â
Existing grade prior to the construction; or
(2)Â
The newly established grade after construction, exclusive of
any filling, berming, mounding, or excavating solely for the purpose
of locating the sign. In cases in which the normal grade cannot reasonably
be determined, sign height shall be computed on the assumption that
the elevation of the normal grade at the base of the sign is equal
to the elevation of the nearest point of the crown of a public street
or the grade of the[2]
[2]
Editor's Note: So in original.
A.Â
If a sign requiring a permit under the provision of this article
is to be placed, constructed, erected, or modified on a lot, the owner
of the lot shall secure a sign permit prior to the construction, placement,
erection, or modification of such a sign in accordance with the requirements
of section 10.17.[1]
[1]
Editor's Note: So in original.
B.Â
No sign permit of any kind shall be issued for an existing or proposed
sign unless such sign is consistent with the requirements of this
article (except for face changes on existing nonconforming signs)
in every respect.
All signs shall be designed, constructed, and maintained in
accordance with the following standards:
A.Â
All signs shall comply with applicable provisions of the Kentucky
Building Code and the National Electrical Code adopted by Henderson
County.
B.Â
Except for banners, flags, temporary signs, and window signs conforming
in all respects with the requirements of this article, all signs shall
be constructed of permanent materials and shall be permanently attached
to the ground, a building, or another structure by direct attachment
to a rigid wall, frame, or structure.
C.Â
All signs shall be maintained in good structural condition, in compliance
with all building and electrical codes, and in conformance with this
Code, at all times.
D.Â
When any sign (including nonconforming signs) becomes defective or
dangerous, as determined by the Codes Administrator, the Codes Administrator
has the power and authority to remove or cause to have removed such
sign when the owner or agent has failed to comply within 30 days of
time specified by the Codes Administrator to repair or make that sign
safe or has failed to satisfy the Codes Administrator that the sign
is not defective or dangerous. The owner or agent of the sign must
bear the full costs of such removal and will be billed accordingly.
If the Codes Administrator determines that the sign is of possible
immediate danger to persons or vehicles that may be passing nearby,
the administrator may place or cause to have placed signs or barriers
indicating such danger.
[1]
Editor's Note: See § 10.16G(1).
No permit shall be issued for an individual sign requiring a
permit unless and until a signage site plan for the lot on which the
sign will be erected has been submitted to the Codes Administrator
and approved as conforming with this section. (See Appendix 5 following
this article.[1])
A.Â
Signage site plan. For any lot on which the owner proposes to erect
one or more signs requiring a permit, the owner shall submit to the
administrator a signage site plan containing at a minimum the following:
(1)Â
An accurately drawn plot plan of the lot;
(2)Â
Location of buildings, parking lots, driveways, and landscaped
areas on such lot;
(3)Â
Computation of the maximum total sign area, the maximum area
for individual signs, the height of signs and the number of freestanding
signs allowed on the lot(s) included in the plan under this article;
and
(4)Â
An accurately drawn indication on the plot plan of the proposed
location of each present and future sign of any type, whether requiring
a permit or not, except that incidental signs need not be shown.
B.Â
Limit on number of permanent freestanding signs. The signage site
plan, for all lots with individual or multiple uses, shall limit the
number of permanent freestanding signs to a total of one for each
street on which the lots included in the plan have frontage and may
provide for shared or common usage of such signs when multiple uses
occupy one lot. Billboards, as regulated under § 10.10,
shall not be considered a permanent freestanding sign.
C.Â
Consent. The signage site plan shall be signed by all owners or their
authorized agents in such from as the Codes Administrator requires.
D.Â
Procedures. A signage site plan shall be included in any development
plan, site plan, planned unit development plan, or other official
plan required by the County for the proposed development and shall
be processed simultaneously with such other plan.
E.Â
Binding effect after approval of a signage site plan. No sign shall
be erected, placed, painted, or maintained, except in conformance
with such plan, and such plan may be enforced in the same way as any
provision of this article. In case of any conflict between the provisions
of such a plan and any other provision of this article, the ordinance
shall control.
[1]
Editor's Note: So in original.
No signs shall be allowed or permitted in the public right-of-way
except for official signs, emergency warning signs erected by a governmental
agency, a public utility company, or a contractor doing authorized
or permitted work within the public right-of-way, hanging banners
across or along streets and sidewalks, and sandwich board signs.
A.Â
General restrictions. Generally, it shall be unlawful for any person
to suspend any banner across or along any street, sidewalk or other
public way of the city for the purpose of advertising a person's candidacy
for public office or for any other purpose.
B.Â
Additional restrictions. Banners for commercial advertisements reflecting
price, a business, or product promotion of goods or services are prohibited.
The banners may reflect only one theme at any given time within a
district.
C.Â
Other signs forfeited. Any sign installed or placed on public property,
except in conformance with the requirements of this section, shall
be forfeited to the public and subject to confiscation. In addition
to other remedies hereunder, the County shall have the right to recover
from the owner or person placing such a sign the full costs of removal
and disposal of such sign.
The following signs shall be exempt from regulation under this
article:
A.Â
Any public notice or warning required by a valid and applicable federal,
state, or local law, regulation, or ordinance;
B.Â
Any sign inside a building, not attached to a window or door, that
is not legible from a distance of more than three feet beyond the
lot line of the lot or parcel on which such sign is located;
C.Â
Appurtenance sign;
D.Â
Holiday lights and holiday decorations with no commercial message;
E.Â
Historic signs;
F.Â
Traffic control signs on private property, such as Stop, Yield, and
similar signs, the face of which meet department of transportation
standards and which contain no commercial message of any sort;
G.Â
Flags, as defined;
H.Â
Window signs not exceeding 50% of the total area of the window and
which provide adequate visibility for security and public safety.
I.Â
Election signs, provided however that in no instance shall such signs
be placed closer to the pavement edge than 20 feet in all zoning districts,
with the exception of residential districts, where they may be placed
a minimum of 10 feet from the pavement edge;
J.Â
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.
All signs not expressly permitted under this article or exempt
from regulation hereunder in accordance with the previous section
are prohibited in the County and shall be removed within 30 days of
the effective date of this article.
B.Â
It is a violation of this article for a person to fasten, place,
paint, or attach in any way any sign, handbill, poster, advertisement,
or notice of any kind, whether political or otherwise, or cause the
same to be done in or on any public curbstone, lamp post, telephone
pole, telegraph pole, electric light or power pole, hydrant, bridge,
culvert, public drinking fountain, public trash container, courtesy
benches, rest station building, tree, or in or on any portion of any
public sidewalk, street or sign, except as specifically permitted
within this chapter.
C.Â
All signs placed upon private property must have the written consent
of the owner or his agent. If the application is made by a person
other than the owner in fee, it shall be accompanied by a verified
written statement by the person making the application that the sign
is authorized by the owner in fee and that the applicant is authorized
to make application.
A.Â
A billboard may be erected in the Highway Commercial (H-C) district
and the Light (M-1) or Heavy Industrial (M-2) district only.
B.Â
A billboard must be mounted on a painted steel monopole structure.
C.Â
A billboard may contain either one or two faces. Multiple display
areas may be placed on each face. On two-faced billboards, the faces
shall be either:
(1)Â
Back-to-back not more than 10 feet apart; or
(2)Â
A V-type unit whose faces are not farther than 15 feet apart
at the farthest point between the back of the two faces.
|
The maximum area per face shall not exceed 672 square feet,
and the maximum area for all faces shall not exceed 1,344 square feet.
|
D.Â
An embellishment, which is a temporary addition to the display area on which a continuation of the advertising message is placed, is permitted provided the total area of the embellishment does not exceed 10% of the maximum area per face of 672 square feet, for a maximum total of 67.2 square feet. In no instance shall an embellishment cause the maximum height of a face to exceed the maximum height otherwise allowed in Subsection F herein by more than four feet.
E.Â
Billboards which are located on the same side of the street or roadway
shall be no less than 600 feet apart as measured from the closest
point of each billboard. In no instance shall a billboard be closer
than 300 feet from another billboard as measured from the closest
point of each billboard.
F.Â
The minimum height of a billboard shall be 15 feet above grade as
measured from the bottom of the face, and the maximum height of a
billboard shall be 40 feet above grade as measured from the top of
the face.
I.Â
A billboard may not be erected or placed until a permit has been
issued. Application for permits shall be provided in the form as established
by the County.
[1]
Editor's Note: See § 10.1G(1).
A.Â
Temporary signs are allowed on lots under the following conditions:
(1)Â
Two temporary signs will be allowed per lot, except in Residential-1,
Residential-2, Residential-3, Planned Unit Development and Residential
Manufactured Homes zones where four temporary signs will be allowed
per lot.
(2)Â
Temporary signs may in no instance be placed closer to the pavement
edge than 10 feet in all zoning districts. Air puppets and tethered
signs shall be no closer to the pavement edge than the total height
of the item, plus five feet.
(3)Â
Temporary signs may not be located in the vision sight triangle.
(See Appendix 1 located at the end of this article.)
(4)Â
Any sign attached to or affixed to the property in such a way
as to make it not easily movable will not be considered a temporary
sign and must obtain a permit for erection.
(5)Â
Temporary signs may be erected for the duration of the usefulness
of the sign.
B.Â
Temporary signs which advertise or promote a political campaign or
the expression of ideas or beliefs shall be subject to the following
regulations:
(1)Â
Such signs shall be limited to 32 square feet in area per sign
face with the bottom of the sign to be no higher than two feet from
ground level.
C.Â
Temporary signs which advertise the sale, lease, or development of
real property shall be subject to the following regulations:
(1)Â
Such signs may be erected at the time of the commencement of
the sale of the real property and may be maintained for a period not
to exceed 10 days after completion of the sale, at which time such
signs shall be removed.
(2)Â
Such signs shall not exceed six square feet in area per sign
face; except, however, such signs located in GB, HC, M-1 and M-2 with
frontage over 200 feet shall not exceed 32 square feet in area per
sign face.
(3)Â
No more than one sign shall be permitted for each 200 feet of
the lot or tract upon which the sign is to be located abuts upon a
public right-of-way.
D.Â
Temporary signs which advertise construction services and services
related thereto shall be subject to the following regulations:
E.Â
Temporary signs which advertise or promote business events, special
sales, "under new management," "going out of business," "grand opening"
and similar announcements shall be subject to the following regulations:
(1)Â
Such signs may consist of wall signs, banners, and other similar
signs which are approved by the Codes Administrator as being in compliance
with the intent and provisions of this chapter.
(2)Â
Such signs shall not exceed 32 square feet in area per sign
face.
(3)Â
Each property or tenant shall be limited to two such signs.
Such signs shall be located on the site being advertised.
(4)Â
Such signs shall not be erected for a period of more than 30
days.
F.Â
Temporary signs that are used for any special occasion or business
grand opening such as: banners, poster, pennants, feather flags (excluding
government, political subdivision, or other official designated flags
of an institution or business), wind signs (gas, cold-air or hot-air
balloons; helium tethered balloons; air puppets, streamers; and rotating
devices, fastened in such a manner to move upon being subjected to
pressure by wind or breeze), fixed balloons or similar devices which
are not solely affixed to a window or the principal facade shall be
permitted in all commercial zoning districts. Feather flags, helium
tethered balloons, and air puppets shall be no closer to the pavement
edge than the total height of the item, plus five feet.
G.Â
Temporary signs which advertise or promote general events shall also
be in compliance with all other applicable codes.
H.Â
Temporary signs which advertise or promote circuses or carnivals
or other special events shall not exceed 32 square feet and shall
be erected within 20 days of the event and removed within 10 days
following the event, and shall otherwise comply with the provisions
of all other applicable codes. Each special event is limited to two
such signs on the property the special event is being held on.
I.Â
Temporary signs which advertise or promote yard sales may only be
erected the day before the sale and shall be removed on the day following
the sale. Such signs shall not exceed six square feet per sign face.
J.Â
Temporary signs, when permitted, may not be used for a period to
exceed 30 days and not more than three permits may be issued for any
site or use in any calendar year.
A.Â
The following procedures shall govern the application for, and issuance
of, all sign permits under this article, and the submission and review
of the signage site plan.
(1)Â
Applications. All applications for a sign permit of any kind
and for approval of a signage site plan shall be submitted to the
Codes Administrator.
(2)Â
Fees. Each application for a sign permit or for approval of
a signage site plan shall be accompanied by the applicable fees.
(3)Â
Completeness. Within 10 business days of receiving an application
for a sign permit or a signage site plan, it shall be reviewed for
completeness. If the Codes Administrator finds that it is complete,
the application shall be processed. If the Codes Administrator finds
that it is incomplete, a notice of the specific ways in which the
application is deficient shall be sent to the applicant within five
business days, with appropriate references to the applicable sections
of this article.
(4)Â
Action. Within five business days of the submission of a complete
application for a sign permit, a sign permit shall be issued if the
application conforms in every respect with the requirements of this
article.
B.Â
No permit for a sign shall be issued if the application fails in
any way to conform with the requirements of this article. In case
of a denial, the applicant shall be informed by written explanation,
as to the section or sections of the ordinance or applicable plan
with which the application is inconsistent, and given to applicant.
A copy will be kept with the Code Department.
Signs shall be erected, installed or created only in accordance
with a duly issued and valid sign construction permit from the Codes
Administrator. Such permits shall be issued only in accordance with
the following requirements and procedures.
A.Â
Permit for new sign or for sign modification. An application for
construction, creation, or installation of a new sign or for modification
of an existing sign's height, area or placement shall be accompanied
by detailed drawings to show the dimensions, design, structure, and
location of each particular sign, to the extent that such details
are not contained on a signage site plan then in effect for the lot.
One application and permit may include multiple signs on the same
lot.
B.Â
Duration of permit. The Codes Administrator shall cause an inspection
to be made of the lot for which each permit for a new sign or for
modification of an existing sign is issued during the sixth month
after issuance of such permit or at such earlier date as the owner
may request. If the construction is not substantially complete at
the time of inspection, the permit shall lapse and become void. If
the construction is substantially complete but not in full compliance
with this article and applicable codes, the owner shall be given notice
of the deficiencies and shall be granted an additional 30 days from
the date of inspection for the deficiencies to be corrected. If the
deficiencies are not corrected by such date, the permit shall lapse.
Permanent signs and billboards that are conforming at the time
of the adoption of this article but which become nonconforming as
a result of the requirements of this article because of size, placement,
type or number of signs on the lot or building shall comply with the
following requirements.
A.Â
No such nonconforming sign may be enlarged or structurally altered
in a way which increases its nonconformity, but any portion thereof
may be altered to decrease its nonconformity. The change in the text
or color of a sign shall not be deemed to be an increase in its nonconformity.
B.Â
No nonconforming sign shall be relocated unless such relocation creates
a conforming situation.
C.Â
Should a nonconforming sign or a portion of a nonconforming sign
be damaged it may be repaired, but not to exceed the size and height
of the original sign, and not in a manner which alters the original
design of the sign structure. The structure must comply with all state
and federal regulations.
D.Â
No nonconforming sign shall be allowed to remain after 18 months
of inactivity on the premises upon which the sign is located.
E.Â
No nonconforming off-premises sign shall be allowed to remain after
the purpose to which the sign relates has been discontinued for a
period of 12 months.
F.Â
Whenever any sign that does not comply with the provisions and regulations
of this article collapses, or if the sign is removed from its location,
except for normal maintenance, the sign may not be replaced or reconstructed
except in full compliance with all of the provisions and regulations
of this chapter. However, if such a sign is removed or destroyed other
than by intentional means of the owner, the sign may be reconstructed
provided the owner make application to reconstruct within six months
of the date of removal or destruction, but the sign may not be enlarged,
extended, or moved.
G.Â
If a nonconforming sign that was permitted at the time it was installed
is required to be moved due to deed restrictions or encroachment over
property boundaries that existed at the time of the original installation,
or due to a taking or condemnation for public roadway improvements,
and such taking is limited to only a portion of the sign, then the
sign may be moved the minimum distance necessary at an angle perpendicular
to the property line at the point of encroachment or taking of condemnation
to comply with the deed restriction or property boundary, as long
as it can be maintained on the same site, and provided that no dimensional
changes are made relative to height, square footage, or total usable
area.
H.Â
The Codes Administrator has the power and authority to remove or
cause to have removed any and all signs that have been determined
to be a traffic hazard when the owner or agent responsible for the
maintenance of the sign has failed to eliminate such traffic hazards
within two weeks from the date the written notice is mailed by the
Codes Administrator. The owner or agent must bear the full costs of
such removal and will be billed accordingly.
A.Â
The following signs shall constitute a nuisance: Refer to definition
of an "abandoned sign" (§ 10.02).
B.Â
Whenever the administrator shall deem such a nuisance to exist, the
Codes Administrator shall issue a notice to the parties hereinafter
stated, and such notice shall:
(1)Â
Be in writing;
(2)Â
Specify the identity of the sign and its location;
(3)Â
Request the nuisance to be abated; and
(4)Â
Advise the party(ies) that they have 10 days to abate the nuisance
by removal or repair, as the case may be, or to make a written demand
for a hearing before the Board of Zoning Adjustment, or else the nuisance
will be removed and abated by the County at the owner's expense.
C.Â
The notice shall be sent by registered mail, return receipt requested,
to the last known address of the owner of the property whereon the
nuisance is located, as it appears on the current tax assessment roll.
Where the owner of the property is not the occupant thereof, such
notice shall also be mailed to the occupant. The notice shall also
be sent to the owner of the sign if the owner of the sign is not the
owner or occupant of the property. If the owner's address is not known
or cannot readily be ascertained, the notice to him to abate may be
given by attaching such notice to the sign. If the latter method of
service is used, the Codes Administrator shall make an affidavit attesting
to such facts.
D.Â
In the event the owner, occupant, and owner of the sign fail to abate
such public nuisance within the time as set forth above following
receipt of notice, the Codes Administrator is hereby authorized, empowered
and directed to remove same and dispose of it.
E.Â
Any interested party may appeal the decision of the Codes Administrator
by appealing to the Board of Zoning Adjustment. If an appeal is taken
within the three-day period, the determination of the Codes Administrator
is stayed pending the proceedings before the Board of Zoning Adjustment.
If no appeal is taken within this time period, the Codes Administrator
shall have the right to cause the sign to be removed and disposed
of in any manner as he may provide.
F.Â
The cost of the removal and disposal shall be accounted for by the
Codes Administrator. The owner and occupant of the property upon which
the sign is located and the owner of the sign shall be jointly and
severally liable for reimbursement of such cost. In the event the
full amount due the county for such service is not paid by such persons
within 30 days after the disposal of the nuisance, then and in that
case, the Codes Administrator shall provide information to the County's
Finance Department which includes the cost and expense incurred for
the work, the date the work was done, and the location of the property
on which the work was done. The Finance Department shall have recorded
a sworn statement in the County Clerk's office. The recordation of
a sworn statement shall constitute a lien and privilege on the property,
and shall remain in full force and effect for the amount due in principal
and interest, plus attorney fees and court costs, if any, for collection,
until final payment has been made. Sworn statements recorded in accordance
with the provisions hereof shall be prima facie evidence that all
legal formalities have been complied with and shall be full notice
to every person concerned that the amounts due constitutes a charge
against the property designated or described in the statement and
that the same is due and collectable as provided by law.
G.Â
The County shall be entitled to recover from the responsible party
or parties the total cost of removal and disposal, plus interest thereon,
and all reasonable attorney fees and other costs incurred by the county
by reason of the collection upon and enforcement of the responsible
party or parties' liability hereunder, and the lien which secures
same. Interest shall accrue on such costs at the legal rate of 8%
per annum.
(1)Â
Exhibit A.
|
Exhibit A
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
R1, R2, R3, PUD
|
P1
|
R-MH
|
C-1
|
C-2
|
H-C
|
M-1, M-2
|
RR, AG
| |
|
Adjacent zoning billboards - side setbacks (§ 10.10)
|
10 feet
|
10 feet
| ||||||
|
Adjacent zoning billboards: back setback (§ 10.10)
|
25 feet
|
25 feet
| ||||||
|
Maximum sign height
|
N/A
|
5 feet
|
5 feet
|
20 feet
|
25 feet
|
30 feet(1)
|
30 feet (1)
|
25 feet
|
|
Maximum square feet permanent freestanding (§ 10.12)
|
N/A without CUP (then P1 require-ments)
|
25 square feet (2)
|
40 square feet
|
40 square feet
|
75 square feet
|
100 square feet
|
100 square feet
|
75 square feet
|
|
Permanent other signs
|
4 square feet
|
16 square feet
|
10 square feet
|
10% surface area of wall
|
10% surface area of wall
|
25% surface area of wall
|
10% surface area of wall
|
10% surface area of wall
|
|
Temporary signs (§ 10.11)
|
16 square feet
|
16 square feet
|
16 square feet
|
16 square feet
|
32 square feet
|
32 square feet
|
32 square feet
|
32 square feet
|
(1) Except billboards — see § 10.10(d)
and (e), Henderson County Zoning Ordinance.
(2)Â
Exhibit B.
|
Exhibit B: Footcandle Meter Distance
| |||
|---|---|---|---|
|
Area of Sign
(square feet)
|
Measurement Distance
(feet)
|
Area of Sign
(Square feet)
|
Measurement Distance
(feet)
|
|
10
|
32
|
110
|
105
|
|
15
|
39
|
120
|
110
|
|
20
|
45
|
130
|
114
|
|
25
|
50
|
140
|
118
|
|
30
|
55
|
150
|
122
|
|
35
|
59
|
160
|
126
|
|
40
|
63
|
170
|
130
|
|
45
|
67
|
180
|
134
|
|
50
|
71
|
190
|
138
|
|
55
|
74
|
200
|
141
|
|
60
|
77
|
220
|
148
|
|
65
|
81
|
240
|
155
|
|
70
|
84
|
260
|
161
|
|
75
|
87
|
280
|
167
|
|
80
|
89
|
300
|
173
|
|
85
|
92
| ||
|
90
|
95
| ||
|
95
|
97
| ||
|
100
|
100
| ||
|
•
|
For signs with an area in square feet other than those specifically
listed in the table (e.g., 12 square feet; 400 square feet., etc.),
the measurement distance may be calculated with the following formula:
measurement distance = square root area of sign sq. ft. x 100.
|
(3)Â
Appendix 1. Within the area defined by the intersection of any
two right-of-way lines of streets or railroads, and a straight line
intersecting those two right-of-way lines at points 30 feet from the
intersection, no obstruction to vision between a height of 2Â 1/2
feet and 12 feet above the imaginary plane defined by those three
points of intersection are permitted. This includes structures, walls,
fences, shrubbery or trees, except that shade trees will be permitted
where all branches are not less than eight feet above the street level.
(4)Â
Appendix 2. Flashing signs are subject to the following provisions:
(a)Â
Electronic changeable copy shall be permitted for all signs,
which shall conform to either of the following two modes:
(b)Â
Changes in copy shall be limited as follows:
[1]Â
The advertising message may contain words, phrases, symbols,
trademarks, or logos.
[2]Â
A single message or segment of a message shall have a display
time of at least two seconds including the time needed to move the
message onto the sign board, with all segments of the total message
to be displayed within 10 seconds.
[3]Â
A message consisting of one segment may remain on the signboard
any amount of time in excess of two seconds.
[4]Â
An electronic sign requiring more than four seconds to change
from one single message to another shall be turned off during the
change interval.
[5]Â
A display traveling horizontally across the signboard shall
move between 16 and 32 light columns per second.
[6]Â
A display may scroll onto the signboard but shall hold for two
seconds including the scrolling time.
[7]Â
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.
(5)Â
Appendix 3.
 |
