Recent Developments in Kentucky Regarding Zoning

Key point. City ordinances that restrict the use of signs by churches do not necessarily violate the constitutional guaranty of free speech, or constitute an unlawful "taking" of church property without just compensation.

A federal court in Kentucky ruled that a church's constitutional rights were not violated by a new city ordinance that prohibited the use of a sign the church had used for ten years. For nearly ten years a church maintained a small sign on its front lawn to promote services and special events. In 1992, the city council enacted an ordinance that restricted the use of "small freestanding signs." The ordinance reduced the size of allowable signs from 32 to 8 square feet; reduced the maximum height above ground from 9 feet to 4 feet; and limited the hours of display to the site's "business hours." The purpose of the ordinance was to "enhance and protect the community from visual ...