Signs

Signs Chapter 155

General Provisions
   155.01   Scope and application
   155.02   Plans, specifications, and permits
   155.03   Reserved
   155.04   Unsafe and unlawful signs
   155.05   Existing signs
   155.06   Maintenance and inspection
   155.07   National or international events
   155.08   Registration of outdoor advertising signs
Temporary Signs
   155.20   Definitions
   155.21   Generally
   155.22   Temporary on-premises signs
   155.23   Placement
   155.24   Maintenance
Snyder Freeway Signs
   155.30   Definitions
   155.31   Limitations on location of signs
   155.32   Incorporation of map by reference
Downtown Entertainment District
   155.40   Definitions
   155.41   Signs in the District
Administration and Enforcement
   155.51   Department; duties and powers
   155.52   Limited liability
 
   155.97   Severability
   155.98   Violations; remedies
   155.99   Penalty


 (A)   Scope.  The provisions of this chapter shall govern the construction, alteration, repair, maintenance, and inspection of all signs, together with their appurtenant and auxiliary devices in respect to structural and fire safety.
   (B)   Zoning law.  Except as provided in §§ 155.40et seq., pertaining to signs in the Downtown Entertainment District, the provisions of which shall take precedence over the zoning laws,  when there is a conflict the zoning laws shall take precedence over the regulations of this chapter.
   (C)   Construction standards.  The provisions of the applicable standards listed in the Kentucky Building Code and OSHA shall apply.
   (D)   Other standards.  The provisions of any health, fire, or safety code of the city shall apply.
   (E)   Except as provided in §§ 155.40et seq., pertaining to signs in the Downtown Entertainment District, for the purposes of this chapter, the Land Development Code, Chapter 8 sign definitions and regulations shall apply.
(1999 Lou. Code, § 156.01)  (Lou. Ord. No. 93-1980, approved 6-17-1980; Lou. Am. Ord. No. 47-1981, approved 3-19-1981; Lou. Am. Ord. No. 63-1986, approved 2-27-1986; Lou. Am. Ord. No. 208-1990, approved 8-30-1990; Lou. Metro Am. Ord. No. 144-2007, approved 7-30-2007; Lou. Metro Am. Ord. No. 104-2013, approved 6-27-2013)  Penalty, see § 155.99 

155.02  PLANS, SPECIFICATIONS, AND PERMITS.
   (A)   Plans, specifications, and owner's consent. Before any permit is granted for the erection of a sign, plans and specifications shall be filed with the Department permitting division showing the dimensions, materials, and required details of construction, or alteration, including loads, stresses,  anchorage, illumination details, location and description of all existing signs on the property, and the sign's location in relation to other structures and to property lines and all required information on the permit application.  The location shall include an address and block and lot number. The applications shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected.  Signs listed as exempt within the Land Development Code will not be required to comply with this section.
   (B)   Permits.  A new sign shall not hereafter be erected, constructed, or altered, except as herein provided and until after a permit has been issued by the Louisville Metro.  Any permit issued shall become invalid if the authorized work is not commenced within 180 days after issuance of the permit, or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work.  Signs listed as exempt within the Land Development Code will not be required to comply with this section.
   (C)   Identification.  Every portable sign  shall have affixed to it a decal (with expiration date) which evidences compliance with standards contained in this chapter and which shall be obtained from the Department.  This decal shall be maintained on the face or edge of the sign in a location legible from the sidewalk level or ground level.
   (D)   Alterations.  A sign shall not be enlarged or relocated except in conformity to the provisions of this chapter until a proper permit has been secured.  The changing of movable parts of an approved sign that is designed for such changes, or the repainting or reposting of display matter, shall not be deemed an alteration, provided the conditions of the original approval and the requirements of this chapter are not violated.
(1999 Lou. Code, § 156.02)  (Lou. Ord. No. 93-1980, approved 6-17-1980; Lou. Am. Ord. No. 47-1981, approved 3-19-1981; Lou. Am. Ord. No. 63-1986, approved 2-27-1986; Lou. Am. Ord. No. 208-1990, approved 8-30-1990; Lou. Am. Ord. No. 61-1991, approved 3-18-1991; Lou. Metro Am. Ord. No. 144-2007, approved 7-30-2007)  Penalty, see § 155.99

§ 155.03 RESERVED.

Bookmark§ 155.04  UNSAFE AND UNLAWFUL SIGNS.
   (A)   Notice of unsafe and unlawful signs.  When any sign becomes insecure, in danger of falling, or otherwise unsafe, or if any sign is installed, erected, or maintained in violation of any of the provisions of this chapter, the owner thereof or the person or firm maintaining it shall upon written notice from the Department, forthwith in the case of immediate danger and in any other case within not more than ten days, make such sign conform to the provisions of this chapter or shall remove it.  If within ten days the order is not complied with, the Department may cause the removal of the sign at the expense of the owner or lessee.
   (B)   Unlawful signs.  The location or positioning of signs  shall be considered unlawful if such sign is erected, constructed or maintained in violation of the Kentucky Building Code and/or the Land Development Code or causes a violation of either of these codes.  A sign will also be considered unlawful if such sign is erected or constructed without prior approval and permit from the Department.
   (C)   Removal of unsafe and unlawful signs. Whenever the Department determines that an emergency exists which requires immediate action to protect the public health or safety, the Department may without notice or hearing, order that such actions be taken, including, but not limited to repair of or removal of such sign.
   (D)   The amount of the costs of any repairs, or removal, carried out by the Metro Government pursuant to this section, including all costs for labor, materials, and administrative costs of 15% of the above, shall be charged against the owner of the real estate upon which the sign is located and/or the owner or lessee of the sign.  If the owner or lessee does not make payment within 30 days of bring notified by the Department, a lien for the amount plus filing and releasing fees will be placed against the real estate.  Such lien will bear an interest rate of 18% annually until a payment is made in full.
(1999 Lou. Code, § 156.04)  (Lou. Ord. No. 93-1980, approved 6-17-1980; Lou. Am. Ord. No. 208-1990, approved 8-30-1990; Lou. Metro Am. Ord. No. 144-2007, approved 7-30-2007)  Penalty, see § 155.99

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§ 155.05  EXISTING SIGNS.
   (A)   Removing or reconstructing signs.  A sign heretofore approved and erected shall not be repaired, altered, or moved, nor shall any sign, or any substantial part thereof, which is blown down, destroyed, or removed be re-erected, reconstructed, rebuilt, or relocated unless it is made to comply with all applicable requirements of this chapter.
   (B)   Repair of unsafe sign.  This section shall not be construed to prevent the repair or restoration of an unsafe condition as directed by the Department of any part of an existing sign when damaged by storm or other accidental emergency.
   (C)   Relocating signs.  Any sign that is moved to another location either on the same or to other premises shall be considered a new sign and a permit shall be secured prior to any work performed in connection therewith.
(1999 Lou. Code, § 156.05)  (Lou. Ord. No. 93-1980, approved 6-17-1980; Lou. Am. Ord. No. 208-1990, approved 8-30-1990; Lou. Metro Am. Ord. No. 144-2007, approved 7-30-2007)  Penalty, see § 155.99

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§ 155.06  MAINTENANCE AND INSPECTION.
   (A)   Removal.  The Department  may order the removal of any sign that is not maintained in accordance with the provisions of this chapter.
   (B)   Maintenance.  All signs, for which a permit is required or which are regulated by the Land Development Code, together with all their supports, braces, guys, and anchors shall be maintained in a safe manner  and when constructed of materials which require protection from the elements shall be protection from the elements to prevent corrosion.
   (C)   Housekeeping.  It shall be the duty and responsibility of the owner or lessee of every sign to maintain the immediate premises occupied by the sign in a clean, sanitary, and healthful condition.
   (D)   Inspection.  Once installed, the owner of the sign shall notify the Department of the same within 48 hours.  Upon notification, the Department shall perform an inspection of the sign to insure its installation was done in accordance to the approved plans and permits.
(1999 Lou. Code, § 156.06)  (Lou. Ord. No. 93-1980, approved 6-17-1980; Lou. Am. Ord. No. 47-1981, approved 3-19-1981; Lou. Am. Ord. No. 208-1990, approved 8-30-1990; Lou. Metro Am. Ord. No. 144-2007, approved 7-30-2007)  Penalty, see § 155.99

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§ 155.07  NATIONAL OR INTERNATIONAL EVENTS.
   (A)   For purposes of this section, a national or international event shall be defined as an event held in Louisville Metro that has a demonstrated history of generating national media attention, or is expected to generate national media attention if a new event, and has generated significant additional economic benefit to previous host sites due to increased tourism associated with the event, if a new event, is expected by the Convention and Visitors Bureau or its successor to generate significant additional economic benefit due to increased tourism, based on generally-accepted principles of tourism projection.
   (B)   The sponsoring committee or organization of a national or international event may apply for a sign permit in accordance with the following regulations.
   (C)   Only one sign approved pursuant to this section shall be permitted per premises, and shall be installed on a permanent structure, such permanent structures not including a freestanding offsite advertising sign.  The are of such sign shall not exceed the maximum permitted under any applicable state or federal law.
   (D)   Signs approved pursuant to this section may not be illuminated or contain any electrical component.
   (E)   Signs permitted pursuant to this section shall receive a permit from the Department of Codes and Regulations or its successor for a period not to exceed 365 days.  The expiration date of the permit shall be affixed to the sign at all times when the sign is in public view.  A copy of the permit shall be located on the premises and shall be made available for public review upon request.
   (F)   No sign permitted pursuant to this section shall be allowed within the public right-of-way or public easement.  No such sign shall be constructed or placed so as to interfere with vehicular traffic by obstructing sight lines for streets, pedestrian right-of-ways or driveways.
   (G)   All signs approved pursuant to this section shall be kept in good repair and in a proper state of preservation.  Every such sign and the premises on which it is located shall be maintained by the owner or person in charge thereof in a clean, sanitary and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds.
   (H)   Any code enforcement officer who finds a sign approved pursuant to this section to be placed in contravention of this section may cause the sign to be removed.
(Lou. Metro Ord. No. 208-2007, approved 10-15-2007)

Bookmark§ 155.08  REGISTRATION OF OUTDOOR ADVERTISING SIGNS.
   Each year all outdoor advertising signs, commonly referred to as billboards or off-premises signs, shall be registered with the Department.  For purposes of registration and fee collection, this section shall apply only to freestanding sign structures or to the above described signs which are structurally attached or mounted to buildings or other objects.  The following subsections should apply to this annual registration:
   (A)   The owner of the sign shall pay annual registration fee of $75 for each sign measuring greater than 330 square feet, $50 for each signs measuring greater than 72 square feet but less than 330 square and $25 for each sign measuring 72 square feet or less.  Said fee shall be due and payable on July 1 of each year.
   (B)   The owner of the sign shall provide the Department  a copy of the renewed lease agreement, number of faces and size of the sign, and location by address and block and lot number.
   (C)   Failure to register shall cause the Department to issue an order to remove said sign within 30 days or the Metro Government shall remove the sign at the owner's expense.  All costs incurred in the removal of a sign will be processed and attached against the owner in accordance with § 155.04(D).
(1999 Lou. Code, § 156.14)  (Lou. Ord. No. 208-1990, approved 8-30-1990; Lou. Metro Am. Ord. No. 144-2007, approved 7-30-2007)

Bookmark§ 155.20  DEFINITIONS.
   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

   AREA OF SIGN.   The total area of the sign face, which is used to display a message or attract attention, not including its supporting structures.

   BANNER SIGN.   A cloth, plastic or other soft material sign placed flat against the façade of a building.  No banner sign shall flap or move with the wind.

   FREESTANDING SIGN.   A sign that is set firmly in or upon the ground surface and is not attached to any building or other structure.

   ON-PREMISES SIGN.   A permanent sign used by one or more principal non-residential uses on a property.

   PRINCIPAL NON-RESIDENTIAL USE.   The primary or predominant use or structure of any lot, as distinguished from accessory uses and structures, where such primary or predominant use is one that does not consist of housing.

   RENT/SALE SIGN.   A temporary sign allowed on a lot or building that is currently offered for sale or lease, and that is typically restricted to a certain time frame and used to advertise the premises or a portion thereof for sale or lease.

   SIGN.   Any display to public view of letters, devices, structures, fixtures, displays, emblems, pictures, placards, or any parts or combinations thereof designed to direct, announce or inform.

   SMALL FREESTANDING ON-PREMISES SIGN.   A freestanding temporary on-premises sign that is no greater than 12 square feet in area for each sign face.

   TEMPORARY BANNER SIGN.   A cloth, plastic or other soft material sign placed flat against the façade of a building and permitted to be displayed on a temporary basis in accordance with this subchapter.

   TEMPORARY FREESTANDING ON-PREMISES SIGN.   A non-permanent on-premises sign, each face of which is no greater than 32 square feet in area.  This type of sign requires a permit from the Building Official or designee and is restricted to a specific time frame.

   TEMPORARY SIGN.   A sign whose removal within a specified period of time is required by Chapter 8 of the Land Development Code and which complies with the appropriate regulations of that chapter.

   WINDOW.   The combined area of glazing within a wall opening.

   WINDOW SIGN.   A type of temporary on-premises sign that is placed inside a window, or applied or attached to windowpanes or glass, and which is visible from the exterior of the window.  Signs that are permanently painted or otherwise permanently affixed to the window shall be considered window attached signs (permanently in this case means that to remove the sign the glass on which it is attached must also be removed).
(Metro Ord. No. 151-2010, approved 8-16-2010)

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§ 155.21  GENERALLY.
   Temporary signs, including small on-premises freestanding signs, banners, and temporary freestanding on-premises signs, are permitted in compliance with this subchapter.  Temporary signs shall be regarded as personal property unattached to the real property on which they are placed, and shall not be considered structures for purposes of compliance with other requirements of this Code of Ordinances or the applicable zoning regulations.
(Metro Ord. No. 151-2010, approved 8-16-2010)

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§ 155.22  TEMPORARY ON-PREMISES SIGNS.
   (A)   Small freestanding on-premises signs.  One small freestanding on-premises sign associated with a principal non-residential use shall be allowed pursuant to this section.
      (1)   Permitted locations.  Small freestanding on-premises signs shall be permitted only on properties associated with a principal non-residential use.
      (2)   Dimensional requirements.  Small freestanding on-premises signs shall not exceed 12 square feet of surface area per face and there shall be no more than two faces.  The sign shall not extend more than four feet above the ground on which it is placed.
      (3)   Hours of display and placement.  Display of small freestanding on-premises signs shall be limited to the hours of operation of the principal non-residential use on the site.  No small freestanding on-premises sign shall be allowed within the public right-of-way, interstate right-of-way, expressway right-of-way, or a public easement, unless all required permits have been issued therefor and it shall be a condition of all such permits that the small freestanding on-premises sign shall be removed from the public right-of-way or easement when the principal non-residential use is closed to the public.  No small freestanding on-premises sign shall be constructed and placed in a location that obstructs sight lines for streets, pedestrian right-of-way and driveways.
      (4)   Illumination.  Small freestanding on-premises signs shall not be illuminated or contain any electrical component.
   (B)   Temporary banner signs.  One temporary banner sign shall be allowed on the premises of a non-residential principal use pursuant to this section.
      (1)   Permitted location.  Temporary banner signs shall be attached to permanent structures only.  No temporary banner sign shall be installed in a manner that allows it to flap or otherwise move with the wind.
      (2)   Permit required.  A permit shall be required to be issued for every temporary banner sign.  Said permit shall be issued by the Building Official or his or her designee upon written request therefor, for a period not to exceed 30 consecutive days and/or for a cumulative period not to exceed 90 days in any calendar year.  Immediately upon expiration of the permit, the temporary banner sign shall be removed.  The permit expiration date shall be affixed to the sign at all times.  The permit for the sign shall be kept on the premises and shall be available for inspection by the Building Official or his or her designee.
      (3)   Dimensional requirements.  The area of a temporary banner sign shall be limited to the greater of 60 square feet or 50% of the permitted permanent attached sign area for the side of the permanent structure on which the temporary banner sign will be installed.  The permitted area of the permanent attached sign shall be calculated using the applicable zoning regulations.
   (C)   Temporary freestanding on-premises signs.  One temporary freestanding on-premises sign shall be allowed pursuant to this section.
      (1)   Permitted location.  Temporary freestanding on-premises signs are permitted on any property.
      (2)   Permit required.  A permit shall be required to be issued for every temporary freestanding on-premises sign.  Said permit shall be issued by the Building Official or his or her designee upon written request therefor, for a period not to exceed 120 days in any calendar year.  The expiration date of the permit shall be affixed to the sign at all times.  A copy of the permit shall be located on the property and shall be made available for review upon request.
      (3)   Dimensional requirements.  The temporary freestanding on-premises sign shall not exceed 32 square feet of surface area per face and there shall be no more than two faces. The sign shall not extend more than six feet above the ground on which it is placed.
      (4)   Illumination and motion.  Temporary freestanding on-premises signs may not be illuminated, or contain any electrical component unless UL approved and unless connected to a ground fault interrupter.  All illuminated temporary freestanding on-premises signs shall be non-flashing and any illumination shall be constant in intensity and color.  All components of a temporary freestanding on-premises sign shall be non-moving and stationary.
   (D)   Window signs.  Window signs are permitted pursuant to this section.
      (1)   Permitted location.  Window signs are permitted for all principal non-residential uses.
      (2)   Dimensional requirements.  A principal non-residential use may display window signs in windows on the ground floor of the building so long as the area of such signs does not exceed 25% of total of each window in which the signs are located.  For purposes of computation of area, window panels separated by muntins or mullions shall be considered as one continuous windowpane.  Window signs shall not be considered attached signs subject to regulation under the applicable zoning regulations unless the sign is permanently attached to the window in such a manner as to require the removal of the glass to accomplish the removal of the window sign.
   (E)   Rent/sale signs.  Rent/sale signs shall be allowed pursuant to this section.
      (1)   Permitted location, number of signs and time for display.  Rent/sale signs are permitted in any zoning district.  One rent/sale sign shall be permitted for each street abutting the property on which the sign is placed.  Where a non-residential property's street frontage exceeds 600 linear feet, two rent/sale signs may be located along that street frontage.  Rent/sale signs must be removed no later than seven days following the closing of sale or consummation of lease for the property.
      (2)   Dimensional requirements.  Rent/sale signs located on a non-residential property may not exceed 64 square feet in area.  Rent/sale signs located on a residential property may not exceed 12 square feet in area.  Where two rent/sale signs are permitted to be located on one property pursuant to this section, the combined area of the signs shall not exceed the total maximum area allowed for one rent/sale sign.
   (F)   Construction signs and subdivision construction signs.  Construction signs and subdivision construction signs shall be allowed pursuant to this section.
      (1)   Permitted location and number of signs.  Construction signs and subdivision construction signs are permitted in any zoning district.  One construction sign per contractor engaged in construction activity on the property on which the sign shall be permitted.  One subdivision construction sign shall be permitted at each dedicated street entrance within the building lines of the subdivision.
      (2)   Dimensional requirements. Construction signs associated with an individual contractor may not exceed 12 square feet in area and may not be more than 15 feet above ground in height.  Alternatively, one sign associated with all contractors engaged in work on the property on which the sign is placed may not exceed 64 square feet in area and may not be more than 15 feet above ground in height.  Subdivision construction signs may not exceed 64 square feet in area and may not be more than 15 feet above the ground in height.
      (3)   Time for display.  All construction signs must be removed within seven days following issuance of a certificate of occupancy for the building that is the subject of the construction activity.  Subdivision construction signs may be placed no more than 60 days prior to the commencement of construction, and may remain until such time as 80% of the lots in the subdivision have been sold.
(Metro Ord. No. 151-2010, approved 8-16-2010)

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§ 155.23  PLACEMENT.
   No sign regulated by this subchapter shall be allowed to be placed within the public right-of-way, interstate right-of-way, expressway right-of-way, or public easement.  No sign shall be constructed and/or placed so as to interfere with vehicular traffic by obstructing sight lines for streets, pedestrian rights-of-way and/or driveways.  No signs regulated by this subchapter shall be permitted on any property or within any development site or parkway buffer adjacent to a designated parkway or scenic corridor.
(Metro Ord. No. 151-2010, approved 8-16-2010)

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§ 155.24  MAINTENANCE.
   All signs shall be kept in good repair and in a proper state of preservation in accordance with the Louisville Metro Code of Ordinances.  Every sign and the premises immediately surrounding the sign shall be maintained by the owner or person in charge thereof in a clean, sanitary and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds.  In addition to the enforcement procedures contained in this chapter, any code enforcement officer or peace officer who finds a sign placed in a manner causes an obstruction to pedestrian or vehicular traffic or that restricts the vision of drivers of vehicles on abutting streets or on the subject property may cause the sign to be removed to a safe location on the property, or, if the sign is located in the right-of-way, may remove and dispose of the sign.
(Metro Ord. No. 151-2010, approved 8-16-2010)

SNYDER FREEWAY SIGNS

Bookmark§ 155.30  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BUSINESS SIGN or ON-PREMISES SIGN.  A sign used to identify a business, profession, trade or occupation on the site and/or the generic or brand name of products or services available at the site, and shall include an attached sign, freestanding sign, projecting sign, and freestanding directional sign on it.

   OUTDOOR ADVERTISING SIGN,BILLBOARD or OFF-PREMISES SIGN.  A sign used to display, advertise or otherwise direct attention to any business enterprise, commodity, service or entertainment, conducted, sold or offered at a location other than the premises on which the sign is located.
(1994 Jeff. Code, § 155.01)  (Jeff. Ord. 7-1988, adopted and effective 5-10-1988; Lou. Metro Am. Ord. No. 144-2007, approved 7-30-2007)

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§ 155.31  LIMITATIONS ON LOCATION OF SIGNS.
   (A)   No outdoor advertising signs (billboards) shall be located within 2,000 feet of the nearest edge of the right-of-way line of the Snyder Freeway.
   (B)   No freestanding business sign shall be located within 200 feet of the nearest edge of the right-of-way line of the Snyder Freeway.  Any free-standing sign between 200 feet and 500 feet from the nearest right-of-way of the Snyder Freeway shall not exceed 20 feet in height, and the face of any such sign shall not exceed 80 square feet in area; in addition, such signs must meet the size limitations imposed by the zoning district in which they are located.
   (C)   No small freestanding sign or banner (permanent or temporary) shall be permitted within 200 feet of the nearest right-of-way line of Snyder Freeway.
   (D)   No sign attached to a building or structure within 200 feet of any right-of-way of the Snyder Freeway shall exceed 80 square feet in area on any facade visible from the freeway at any angle or view; nor exceed the size limitations imposed by the district in which it is located or as required by the sign regulations of the Land Development Code.
(1994 Jeff. Code, § 155.02)  (Jeff. Ord. 7-1988, adopted and effective 5-10-1988; Lou. Metro Am. Ord. No. 144-2007, approved 7-30-2007)  Penalty, see § 155.99

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§ 155.32  INCORPORATION OF MAP BY REFERENCE.
   The 1988 Gene Snyder Freeway right-of-way map, as made by the Louisville Metro Planning Commission, a copy of which is on file in the office of the Louisville Metro Planning Commission, is incorporated herein by reference as if written in length, in words and in figures herein.
(1994 Jeff. Code, § 155.03)  (Jeff. Ord. 7-1988, adopted and effective 5-10-1988; Lou. Metro Am. Ord. No. 144-2007, approved 7-30-2007)


DOWNTOWN ENTERTAINMENT DISTRICT


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§ 155.40  DEFINITIONS.
   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
   
    DOWNTOWN ENTERTAINMENT DISTRICT.   An area coterminous with the boundaries of the area subject to the jurisdiction of the Downtown Development Review Overlay District Commission or its successor pursuant to
Chapter 162 of this Code of Ordinances.

   ENTERTAINMENT ATTRACTION.   A use within the Downtown Entertainment District that (1) provides a service or goods to the general public or which promotes tourism or provides an opportunity to partake in entertainment that is permitted under the zoning laws for the district, including food and beverage, and/or regular opportunities to attend music performances, theater performances, arts or cultural attractions, and (2) that is available for conferences or conventions, or that is considered a tourist attraction, and that is open to the public and/or available for private events.

   ON PREMISES SIGN.   A sign that serves as an accessory use to a principal use on a development site.
(Lou. Metro Ord. No. 104-2013, approved 6-27-2013)

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§ 155.41  SIGNS IN THE DISTRICT.
   (A)   On premises signs associated with an entertainment attraction in the Downtown Entertainment District are permitted in accordance with this subchapter, subject to approval by the Downtown Development Review Overlay District Commission or its successor pursuant to the standards contained in subdivisions (H)(2)(j)(1) - (H)(2)(j)(4), inclusive of subsections, of Appendix D to Chapter 162 of this Code of Ordinances pertaining to signs that are not otherwise permitted by the Land Development Code.
   (B)   On premises signs associated with entertainment activities in the Downtown Entertainment District shall not be subject to regulation of any kind under the provisions of the zoning regulations pertaining to signs.
   (C)   If the provisions of this subsection are invalidated, signs associated with an entertainment attraction in the Downtown Entertainment District shall be regulated in accordance with the provisions of the Land Development Code.
(Lou. Metro Ord. No. 104-2013, approved 6-27-2013)

ADMINISTRATION AND ENFORCEMENT
Bookmark§ 155.51  DEPARTMENT; DUTIES AND POWERS.
   (A)   General. The Department of Codes and Regulations (hereinafter referred to as "Department"), or any successor agency or department, shall enforce the provisions of this chapter.
   (B)   Rule-making authority. The Director of the Department shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this chapter; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions.  Such rules shall not have the effect of waiving requirements specifically provided for in this chapter, or of violating accepted engineering methods involving public safety.
   (C)   Inspections. The Department shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals.  All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual.  The Department is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
   (D)   Identification. Any employee of the Department shall carry proper identification when inspecting signs in the performance of duties under this chapter.
   (E)   Citations, notices and orders. The Department shall issue all necessary citations, notices or orders to ensure compliance with this chapter.
(Lou. Metro Ord. No. 144-2007, approved 7-30-2007)

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§ 155.52  LIMITED LIABILITY.
   (A)   The Department, officer or employee charged with the enforcement of this chapter, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.
   (B)   Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings.  The Department or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this chapter; and any officer of the Department, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
(Lou. Metro Ord. No. 144-2007, approved 7-30-2007)

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§ 155.97  SEVERABILITY.
   If any provision of this chapter as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
(1994 Jeff. Code, § 10.07)  (Jeff. Ord. 36-1994, adopted and effective 12-20-1994; Lou. Metro Am. Ord. No. 144-2007, approved 7-30-2007)

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§ 155.98  VIOLATIONS; REMEDIES.
   (A)   Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, or use any sign or equipment regulated by this chapter, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this chapter or be in conflict with or in violation of any of the provisions of this chapter.
   (B)   Citation; notice of violation.  The Department shall serve a citation, notice of violation or order in accordance with the provisions of §§ 32.275et seq.
   (C)   Prosecution of violation.  Any person failing to comply with a notice of violation or order served in accordance with this chapter, as determined by a site reinspection performed by the Department, shall be cited in accordance with this chapter in order and the violation shall be deemed a strict liability offense to exact the penalty provided in this chapter.
   (D)   Other remedies.
      (1)   The Metro Government shall possess a lien for all fines assessed for the violation of this chapter and for all charges and fees incurred by the Metro Government in connection with the enforcement of this chapter in accordance with § 32.288.
      (2)   In addition to the remedy prescribed in subsection (D)(1), above, the person found to have committed the violation of this chapter shall be personally responsible for the amount of all fines assessed for the violation and for all charges and fees incurred by Metro Government in connection with the enforcement of this chapter.  Metro Government may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt in accordance with § 32.288.
   (E)   Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to stop an illegal act, conduct of business or utilization of the sign.
(Lou. Metro Ord. No. 144-2007, approved 7-30-2007)

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§ 155.99  PENALTY.
   (A)   Any person, firm or corporation, who shall violate any provision of this chapter shall be subject to a civil penalty of $100 for the first offense, and $200 for each subsequent offense.  Each day a violation continues after due notice has been served of the violation shall constitute a separate offense.  Any person cited pursuant to this subsection (A) may pay the minimum civil penalty within seven days from the date of issuance or request a hearing regarding such penalty to the Board in accordance with §§ 32.275et seq.
   (B)   The Metro Government shall possess a lien on property for all fines, penalties, charges and fees imposed pursuant to this chapter in accordance with § 155.98(D)(1).  The lien shall be superior to and have priority over all other subsequent liens on the property except state, School Board and Metro Government taxes.
   (C)   Notwithstanding subsection (A) above, any person, firm or corporation who violates any provision of this chapter shall be subject to criminal proceedings and upon conviction thereof shall be subject to a fine of not more than $250 if committed by a person, not more than $500 if committed by a corporation, or imprisonment for a term not to exceed 50 days, or both.  Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.
(1999 Lou. Code, § 156.99)  (Lou. Ord. No. 93-1980, approved 6-17-1980; Lou. Am. Ord. No. 47-1981, approved 3-19-1981; Lou. Am. Ord. No. 208-1990, approved 8-30-1990; Lou. Metro Am. Ord. No. 144-2007, approved 7-30-2007)