HomeMy WebLinkAbout2014-05-8137ORDINANCE NO. 2014-5-8137
AN ORDINANCE AMENDING CHAPTER 126, ZONING OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 126-76, "Sign Regulations" of Chapter 126, Zoning
of the Code of Ordinances of the City of Paducah, Kentucky is hereby amended to read as
follows:
Sec. 126-76. Sign regulations.
(a) Purpose.
(b) Definitions.
(c) General regulations.
(1) All signs shall be constructed of approved materials and shall be designed to meet the
structural requirements of the applicable building code.
(2) All electrical work shall conform to all applicable electrical codes.
(3) No sign shall be erected or maintained at any location where by reason of its position,
wording, illumination, size, shape or color it may obstruct, impair, obscure, interfere
with the view of, or be confused with, any authorized traffic control sign, signal or
device.
(4) No sign shall contain or make use of any word, phase, symbol, shape, form or character
in such a manner as to interfere with or confuse vehicular or pedestrian traffic.
(5) No illuminated sign which emits artificial light shall be permitted within 50 feet of
property in any residential district unless the sign is attached directly to the facade of the
structure. Measurement determinations shall be made by the Zoning Administrator.
(6) No portion of any sign shall be located at an elevation of less than ten feet measured at a
distance of five feet to a street right-of-way line unless the sign is attached directly to the
facade of the structure and except as otherwise provided herein. (See Figure #I).
(7) No sign shall be placed in any public right-of-way, except those signs for public use and
regulatory signs outlined in the MUTCD, except as otherwise provided herein. The
provisions of subsection 126-76(s) shall not apply to this subsection.
(8) As to signs which are attached to buildings that are located in the B -2-T, B-2, H-1, and
H-2 Zones, such signs shall be permitted to encroach into a public right-of-way.
However, no portion of any sign and no portion of the mounting of any mast of any sign
within the public right-of-way shall be placed at an elevation of less than eight feet
above the sidewalk or above the edge of the pavement of the roadway, whichever is
higher; nor shall any portion of any such sign, mast or mounting (in the space above
eight feet) be placed nearer than two feet from the traveled portion of the roadway or the
vertical space above the traveled portion of the roadway, as measured from the face of
the curb, or if there is no curb, from the edge of the pavement.
(9) Traffic visibility at intersections shall be preserved in accordance with section 126-65 of
the Code of Ordinances.
(10) No exterior wall signs shall be attached to or obstruct any window, door, stairway or
other opening intended for egress, ingress, ventilation and light.
(11) No sign shall be attached to any tree, fence or utility pole except by a governmental body
or agency.
(12) All signs shall be adequately maintained. Such maintenance shall include proper
alignment of structures, continued readability of the structure and preservation of the
structure with paint or other preservatives. Electronic signs shall be free of burned out
lights or deadspots.
(13) 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.
(14) The areas of a free standing sign or a wall sign shall be measured by drawing eight or
fewer straight lines encompassing the extremities of the sign within the smallest possible
area. The area of a free standing sign shall not include poles, supports or other structures
which are used solely for support and which do not contain any advertising of any kind.
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Message signs are allowed as accessory signs on freestanding signs. The area of the
message sign shall be included in the total allowable sign area. (See Illustration# 1).
Illustration 1
(15) Interior electronic message signs that change not more than once every 30 seconds shall
be permitted in the B-1, B-2, B-3, HBD, M-1 and M-2 zoning districts. Interior
electronic message signs in these zones can be no larger than 30 percent of the window.
(16) Interior electronic signs that change not more than once 30 seconds shall be permitted in
the B -2-T and H-1 zoning districts. Interior electronic message signs in these zones can
be no larger than four square feet. Only one such sign shall be permitted per structure.
(17) Hanging banners across or along streets and sidewalks.
a. In order to promote general events of a civic and public nature in the Downtown
Business Townlift Zone, as defined in seetion 74 `, any person, firm, corporation
or organization in charge of events of a civil and public nature may hang a banner
in an area designated below vertically, on cantilevered arms, pennants, flags or
banners from utility poles equipped by the city for such purposes, to publicize an
event or season or generally promoting the community, providing the subsequent
guidelines are followed.
b. 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.
C. 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. Different districts may have different
themes at the same time.
d. Guidelines
1. Banners hanging over Broadway.
(i) Application. Applications for a permit must be submitted to the
Publie `x ariks a ffiee Parks Services Director 30 days prior to the
day the banners are to be installed. ^ pplio tion may take the
r^n:, ^f -a lettev 4 ^m the Applications are available at the Parks
Services office or online from the City's website. Applications
should be completed by the Chairman or Executive Director of
the sponsoring organization and must contain the name of the
person, firm, corporation or organization sponsoring the event;
the requested dates the banner(s) are to be installed and how
long they will be requested to remain above the street.
(ii) Material and dimensional requirements. The banner crossing
Broadway must be made of heavy -weight, water-resistant
material, with air pockets cut in, and contain at least teff twelve,
heavy duty, reinforced grommets as shown in Figure 1 below.
The banner shall measure 24 30 feet long and few five feet
high.
Faure #1
(iii) Review process. The application will be reviewed by the Public
Wafks Parks Services Director to insure that the design, material
and colors are satisfactory.
2. Permit for Broadway pole banners.
(i) Application. Applications for a permit must be submitted to the
Publie Work Parks Services office 30 days prior to the day the
banners are to be installed. ^ ppl ,.bion m , take the f ^„ of
'A -**A-" 4A -M t Applications are available at the Park Services
office or online from the City's website. Applications should be
completed by the chairman or executive director of the
sponsoring organization and must contain the name of the
person, firm, corporation or organization sponsoring the event
and the dates the banner(s) are to be installed and remain above
the street.
(ii) Material and dimensional requirements. Banners must be
constructed of heavyweight, water-resistant fabric. The size of
banners is restricted to 30 inches by 80 inches in order to fit the
installed brackets. The banner shall be constructed to fit the
mounting hardware where the banner can be mounted by
slipping the banner arms through the sewn, looped top and
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bottom of the banner. The loops must be three inches in order to
slip over the banner arms. Figure 2 below illustrates the proper
construction and mounting. The design shall be the same on both
sides of the banner.
Figure #2
(iii) Review process. The application will be reviewed by the Publ-ie
3AIRrAcq Parks Services Director to insure that the design, material
and colors are satisfactory.
3. Permit for Jefferson Street pole banners.
(i) Application. Applications for a permit must be submitted to the
Publi , Wer4i Parks Services office 30 days prior to the day the
banners are to be installed. Application may take the form of a
letter from the chairman or executive director of the sponsoring
organization and must contain the name of the person, firm,
corporation or organization sponsoring the event; the dates the
banner(s) are to be installed and remain above the street.
(ii) Material and dimensional requirements. Banners must be
constructed of heavyweight, water-resistant fabric. The size of
banners is restricted to 30 inches by 60 inches in order to fit the
installed brackets. The banner shall be constructed to fit the
mounting hardware where the banner can be mounted by
slipping the banner arms through the sewn, looped top and
bottom of the banner. The loops must be three inches in order to
slip over the banner arms. Figure 3 below illustrates the proper
construction and mounting. The design shall be the same on both
sides of the banner.
Figure #3
(iii) Review process. The application will be reviewed by the Elie
Wer4s Parks Services Director to insure that the design, material
and colors are satisfactory.
4. Permit for Lower Town Arts District pole banners.
(i) Application. Applications for a permit must be submitted to the
Planning Parks Services office at least 30 days prior to the day
the banners are to be installed. ^ pplie 4ian may talie the r^rm e
awe Applications are available at the Parks Services
office or online from the City's website. Applications should be
completed by the chairman or executive director of the
sponsoring organization and must contain the name of the
person, firm, corporation or organization sponsoring the event
and the dates the banner(s) are to be installed and remain on the
light poles.
(ii) Design, materials and colors. Design, materials and color will be
reviewed according to the review process as outlined in
subsection (c) below. General requirements are as follows:
(a) The banner must be made of heavy -weight, water-
resistant fabric.
(b) Design of the banner. The size of banners is restricted to
24 inches by 48 inches in order to fit the installed
brackets. The banner shall be constructed to fit the
mounting hardware where the banner can be mounted
by slipping the banner arm through the sewn, looped top
of the banner and connected to the bottom with a
reinforced eyelet in one of the bottom corners. The loop
at the top of the banner shall be three inches in diameter
in order to slip over the top bracket. The bottom of the
banner must have a one -half-inch dowel rod sewn in the
bottom for proper display. Figure 4 below illustrates the
proper construction and mounting. At a minimum, the
banner must contain the Lower Town Arts District logo
and/or the words Lower Town Arts District. The banner
may include additional information such as an event,
season or other appropriate occasion. The words and
designs can be arranged in any manner, but all words
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and designs must be easily discernible. The design shall
be the same on both sides of the banner.
Figure #4
(c) The color scheme of the banner must be appropriate to
the historic district and will be reviewed by the Lower
Town Arts District Banner Review Committee.
(iii) Review process. The application will be reviewed by the Lower
Town Arts District Banner Review Committee. The committee
shall make an examination to insure that the design, material and
colors specified above are met. This committee shall consist of
the Director of Planning, Director of Perles Parks
Services and the Chairperson of the Historic and Architectural
Review Commission.
e. Installation and removal of banners. Installation and removal of all banners shall
be done by the Public Works Department. The city reserves the right to remove
any damaged or unsightly banners, or banners that interfere with traffic or the
public right of way.
(18) Sandwich board Signs: A sandwich board is a freestanding A -Frame
sign. Such signs are only authorized in the H-1, B -2-T and B-2 zones and as provided as
follows:
a. One sandwich board sign shall be permitted per building facade if a
projecting sign does not protrude from the facade.
b. Sandwich board signs shall be no taller than 36 inches from grade and
no wider than 24 inches. Such signs must be secured by a chain or cable
in order to remain standing; and shall not have moving parts or be
illuminated in any manner. Both faces of the sign must have
advertising. No blank faces are allowed.
C. Such signs can only be placed on a sidewalk that has a minimum of
eight (8) feed in width. In no instance can such signs occupy an area
that limits any portion of the usable sidewalk to less than five (5) feet
and interfere with pedestrian or automobile traffic.
d. No portion of any sandwich board sign shall be placed further than 36"
from the face of the building.
e. Sandwich board signs shall only advertise hours of operation, an event
or promotion, or a menu. The sign must be displayed in front of the
business for which it is advertising. No off-site advertising is allowed.
f. The sandwich board sign can only be displayed during business hours
and must be removed when the business is closed. These signs shall be
removed from the public right-of-way at any time the weather
conditions render the presence of such signs a hazard (i.e. high wind
conditions, snow, ice, etc.)
g. The sign must be constructed of weather resistant materials and shall be
maintained in good repair. Sandwich board signs shall not be
constructed of cardboard, OSB or non -marine grade plywood.
Sandwich board signs cannot be anchored to the sidewalk, attached or
chained to poles or other structures or appurtenances. Such signs shall
be weighted.
h. The sandwich board sign may have no protruding features attached.
Protruding features include balloons, ribbons, flags or other similar
objects as determined by the Zoning Administrator.
i. The City of Paducah shall be entitled to request removal or remove any
sandwich board sign in the right-of-way if the sign is considered to be a
nuisance. The City of Paducah shall not be required to follow Section
126-76(s) when removing a sign considered a nuisance.
j. A sign permit must be obtained from the lnspeetien Fire Prevention
Department before any sandwich board sign can be placed on the public
right-of-way.
(d) Regulations for temporary signs.
(e) Signs permitted in all zones and districts.
(f) Signs prohibited in all zones and districts.
(g) Signs authorized for R-1, R-2, R-3, NSZ and R-4 Zones.
(h) Signs authorized for B -2-T zone.
(i) Signs authorized for H-1 zone.
0) Signs authorized for H-2 zone.
(k) Signs authorized for B-1, B-2, B-3, M-1, M-2, M-3 and HBD zones.
(1) Signs authorized for POP Zone.
(m) Signs authorized for MU Zone.
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(n) Signs authorized for HM Zone. Signs authorized for NCCZ.
(o) Application Fees and Penalties
(q) Permitted nonconforming signs.
(r) Replacement advertising signs.
(s) Signs constituting a nuisance --Abatement.
SECTION 2. That if any section, paragraph or provision of this Ordinance shall be found
to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section,
paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the
purpose and intent of this Ordinance to make each and every section, paragraph, an provision hereof
separable from all other sections, paragraphs and provisions.
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, April 22, 2014
Adopted by the Board of Commissioners, May 13, 2014
Recorded by Tammara S. Sanderson, City Clerk, May 13, 2014
Published by The Paducah Sun, May 22, 2014
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