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HomeMy WebLinkAbout2015-02-8217ORDINANCE NO. 2015-2-8217 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 #1). (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 and further as to signs which are attached to buildings that are within one foot of the public right-of-way in the B-1 and B-3 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. 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. a„ _ 1.Lulu'L'�___ -I i Iii I 1 1 I,- i 11 1 d I i i I I i J 1_1 Lim 11111 (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 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 Parks Services Director 30 days prior to the day the banners are to be installed. 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 twelve, heavy duty, reinforced grommets as shown in Figure 1 below. The banner shall measure 30 feet long and five feet high. Figure #I (iii) Review process. The application will be reviewed by the 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 Parks Services office 30 days prior to the day the banners are to be installed. 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 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 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 Parks Services Director to insure that the design, material and colors are satisfactory. 3. Permit for Jefferson Street pole banners. 2 (i) Application. Applications for a permit must be submitted to the 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 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 Parks Services office at least 30 days prior to the day the banners are to be installed. 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 and designs must be easily discernable. 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 Parks Services and the iin iyr-ir _r„ -..i I,,__. I ,. I[ I I -'TI ,, �p fin I i r- _. 1' — {r 7,, ,--.1"M 1pjw _ a ,I t I, , I '�L — 1_ 1 � �— — ______ 6 I I I i , 1; 1 1- IL 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 fagade if a projecting sign does not protrude from the fagade. 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 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. No signs shall be permitted in the R- 1, R-2, R-3, NSZ and R-4 zones in the city except as provided in subsection (e) above and as provided in subsection (e) above, subsection (7) below and as provided as follows: (1) Signs with nameplates affixed to the exterior wall of a structure and not exceeding 18 inches by 24 inches in area shall be permitted for each single family dwelling unit. Such nameplates shall indicate nothing other than the name of the premises and/or the name and/or address of the occupants. Such signs may only be illuminated indirectly. (2) A sign identifying the name of subdivisions and public or private schools shall be permitted provided such signs do not exceed 48 square feet in area per sign face. Such signs may include an attached or freestanding announcement sign. Subdivision signs may only be illuminated indirectly. Public or private school signs may be lighted. Non- commercial public or private schools may have an electronic message sign. Such signs shall not be erected closer than five feet to any property line unless attached to a building and shall not exceed eight feet in height. (3) Bulletin boards and identification signs shall be permitted at places of worship provided such identification signs or bulletin boards do not exceed 48 square feet in area per sign face. One free-standing identification sign is permitted per lot, however, one additional free-standing identification sigh shall be permitted for places of worship on the intersection of two streets or has double frontage on parallel streets. Such signs may 2 indicate the name and/or address and activities relating to the premises. Such signs may be lighted. Such signs shall not be erected closer than five feet to any property line unless attached to a building and shall not exceed ten feet in height. Places of worship may have one electronic message sign, in lieu of one identification sign, provided the following requirements are met: a. Such sign may not exceed 48 square feet in area per sign face. b. Such sign may not exceed ten feet in height. C. Such sign shall meet the requirements provided in 126-76 (k) (5). d. Such sigh shall be located at least 200 feet away from any residential structure in residential (R-1, R-2, R-3 and R-4) Zones, except for pastor residences, parishes, rectories and caretaker dwellings, which are owned by the place of worship. The 200 feet measurement includes residential structures on the opposite sides of public ways. Said measurements shall be taken from the nearest outside wall of the structure. Further, such signs shall not be closer than five feet to any property line unless attached to a building. e. Such sign shall be located on the same lot as the principal building. f. Only one electronic message sign (either free-standing or attached to a building) shall be permitted per place of worship. (4) Signs for advertising nurseries or day cares in the R-1, R-2 and R-3 zone shall be permitted provided such signs comply with subsection (e)(6). (5) Free standing business signs, advertising the business uses, in the R-4 zone shall be permitted per lot provided the sign is no larger than 12 square feet in area per sign face and be no taller than ten feet. Such signs may only be illuminated indirectly. a. Only one free standing business sign shall be permitted on any lot. b. Wall signs shall be permitted for each tenant or lessee. The area of the wall signs shall not exceed 20 percent of square footage of face of building, structure or face of tenant or lessee space. Lighted signs are permitted. Wall signs shall not be located on any portion of the roof that encloses the building. (6) Private directional signs indicating entrance, exit or location of parking shall be permitted in the R-4 zone. Such signs shall not exceed f�mff six square feet in surface area for each sign and the height must not be more than 38 60 inches from the street level. These signs must be placed on private property and not on public right-of-way. (7) One fagade sign shall be permitted on any lot in the NSZ. Such signs shall only be approved for Conditional Permitted Uses. Such sign shall be permitted provided the sign is no larger than 8 square feet in area per sign face. Such signs may only be illuminated indirectly. (8) Apartment complexes may have private directional signs indicating entrance, exit or location of parking provided such signs do not exceed four square feet in surface area for each sign face and the height shall not exceed 30 inches from the street level. These signs shall not be placed within the public right-of-way and shall not exceed more than two per public street frontage. Further, apartment complexes may have one free standing apartment complex identification sign on any lot provided; however one additional sign shall be permitted for each additional 300 feet of street frontage. One additional free standing apartment complex identification sign shall be permitted if the business is located at the intersection of two streets. The size of the sign shall not exceed 36 square feet in area per sign face. The outer edge of the sign shall be set back at least seven feet from the side lot line. All permitted apartment complex identification signs shall not exceed a height of 8 feet from the adjacent grade. Such signs shall be illuminated indirectly. (h) Signs authorized for B -2-T zone. No signs shall be permitted in the B -2-T zone in the city except as provided in subsections (e) and as provided as follows: (1) Wall signs for single -tenant buildings. One wall sign per building facade shall be permitted provided that such signs shall be constructed so that each letter thereon runs parallel to the street upon which such business abuts, shall be affixed to the exterior wall of the building and shall not protrude from that wall a distance of more than 18 inches. Wall signs shall be a maximum size of 50 square feet. Building facades with a greater than 50 lineal feet of street frontage are allowed a maximum sign area of 1.5 square feet per lineal foot of street frontage subject to a 100 square foot maximum. a. Internal illumination shall be permitted only when the letters themselves are lighted and not the background. Neon signs are not permitted b. Wall signs may be indirectly illuminated. (2) Wall signs for multi -tenant buildings. One wall sign per tenant shall be permitted provided that such signs shall be constructed so that each letter thereon runs parallel to the street upon which such business abuts, shall be affixed above the business entryway and shall not protrude from the wall a distance of more than 18 inches. Wall signage shall be cumulative size of 50 square feet per facade. Building facades with a greater than 50 lineal feet of street frontage are allowed a maximum sign area of 1.5 square feet per lineal foot of street frontage subject to a 100 square foot cumulative maximum. 5 1 F I! I, I .I I i Ii i I i -r. , I.. I . l.'I' l 1 i .. _ . - Fr:: ] i -r- I -� -'T,ecu ., - 1 a. Internal illumination shall be permitted only when the letters themselves are lighted and not the background. Neon signs are not permitted. b. Wall signs may be indirectly illuminated. (3) Projecting signs. One projecting sign per building facade on street frontage shall be permitted provided that such sign may project from a building no more than four feet horizontally and have a maximum area of six square feet. a. The projecting sign shall start no more than six inches from the exterior wall of the building. b. A projecting sign shall be mounted by a metal bracket projecting from the wall of the building. - c. Projecting signs shall be located within two feet of the centerline of the building. d. Projecting signs may be indirectly illuminated. e. Projecting signs may be made of wood, metal, alucobond, reinforced canvas or polyurethane foam. f. Secondary entrances to separate dwellings or businesses within the principal structure shall be permitted to have one additional projecting sign. Such sign shall not exceed one square foot in size and shall be installed above the secondary entrance. (4) Awning signs. Signs on awnings shall be limited to lettering displaying no more than the name, street number, logo or trademark and principal business of the occupant of the premise. . Awning suns shall be a maximum size of 50 square feet. Awning signs may be indirectly illuminated. (i) Signs authorized for H-1 zone. (j) Signs authorized for H-2 zone. (k) Signs authorized for B-1, B-2, B-3, M-1, M-2, M-3 and BBD zones. No signs shall be permitted in the B-1, B-2, B-3, M-1, M-2, M-3 and HBD zones in the city except as provided in subsections (e) and (g) and as provided as follows: (1) Flag signs attached to a permanent pole shall be permitted. Such signs shall not exceed 12 square feet in area per sign face. One flag sign is permitted per permanent pole. The maximum height of a flag sign shall not exceed a height of 40 feet from the adjacent grade. (2) Private directional signs indicating entrance, exit, or location of parking shall be permitted provided such signs do not exceed €ear six square feet in surface area for each sign face and the height shall not exceed 38 60 inches from the street level. These signs shall not be placed within the public right-of-way. (3) Only one free standing business sign shall be permitted on any lot, provided, however, one additional sign shall be permitted for each additional 300 feet of frontage. One additional free standing business sign shall be permitted if the business is located at the intersection of two streets. The size of the sign shall not exceed 1.5 square foot per lineal foot of street frontage subject to a maximum size of 200 square feet in area per sign face. The outer edge of the sign shall be set back at least seven feet from the side lot line. All permitted freestanding signs shall not exceed a height of 40 feet from adjacent grade, except as may be otherwise authorized in the following subsection. Lighted signs are permitted. (4) Property zoned B-1, B-3, HBD, M- 1, M-2 or M-3 and within 2,000 feet of the centerline of I-24 shall have the right to construct one free standing sign permitted under subsection (3) above to a height not to exceed 100 feet in sign height and 300 square feet in area per sign face. For the purpose of calculating the 2,000 feet from the centerline set forth above (see illustration #2). Lighted signs are permitted. Illustration 2 (5) Exterior electronic message signs that change messages not more than once every 8 seconds of static image, followed by 2 seconds of transition or animation shall be permitted in the B-1, B-3, HBD, M-1, M-2 and M-3 zones. a. Electronic message signs must have controls in place to prevent flashing when a malfunction or power loss occurs. b. Electronic message signs must contain brightness controls that adjust to the ambient light where the sign is easily readable during daytime hours, but not overbearing at night. (6) Wall signs shall be permitted for each tenant or lessee, except as provided in (k) (6) (a) below. The area of wall signs shall not exceed 20 percent of the square footage of the face of the building, structure or the face of tenant or lessee space. Lighted signs are permitted. Wall signs shall not be located on any portion of the roof that encloses any building. Awning suns shall be considered to be wall suns and shall be subject to 20 percent of the sauare footage of the face of the building. structure or the face of the tenant or lessee space. 0 a. Covered Mall Buildings. Wall signs shall be permitted on each facade of a covered mall building as defined as follows: A single building enclosing a number of tenants and occupants such as retail stores, drinking and dining establishments, entertainment and amusement facilities, passenger transportation terminals, offices and other similar uses wherein two or more tenants have a main entrance into one or more malls. b. The area of wall signs on any fagade of a covered mall building shall not exceed 20 percent of the square footage of each individual fagade of the structure. Wall signs may not advertise any business that is not located within the structure the sign is affixed to. Lighted signs are permitted. Wall signs shall not be located on any portion of the roof that encloses any covered mall building. (7) No flat wall signs shall project above the roof or parapet line. (8) Gasoline canopy signs: Canopy signs shall not exceed 20% of the face of the canopy on which they are a part of, or are attached to. Island spanner signs shall not exceed 20% of the face of the canopy above. Spandrel signs shall not exceed 20% of the spandrel's structural area. Island spanner signs and spandrel signs shall not be permitted together. These types of signs shall not extend beyond the edges of the canopy. (1) Signs authorized for POP Zone. No signs shall be permitted in the POP Zone of the city except as provided in subsections (e) and (g) and as provided as follows: (1) Every lot or tract shall be restricted to one free standing business sign. (2) Free standing business signs shall not exceed twelve (12) feet above grade in height or more than 12 square feet in area for each foot of lineal frontage of the building. However, no sign shall exceed 200 square feet in area (100 square feet per face, two -face maximum) except as otherwise provided herein. (3) Hotels, motels and restaurants shall be permitted to have one free standing business sign. Such signs shall not exceed the height of the roof line of the principal structure. Such sign shall not exceed 40 feet in height and shall not exceed 200 square feet in area per sign face. (4) All free standing business signs shall have a minimum setback of 20 feet from the street. (5) Lighted signs shall be permitted. However, all sign lighting shall be only of a type, intensity and direction only necessary to light the sign. Electronic message signs shall be permitted. (6) One sign per tenant, per each facade shall be permitted to be attached to the principal building. However, the total square footage of such signs shall not exceed five percent of the total above -grade elevation building face. (7) Private directional signs indicating entrance, exit, or location of parking shall be permitted in the POP zone. Such signs shall not exceed few six square feet in surface area for each sign and the height must not be more than 38 60 inches from the street level. These signs must be placed on private property and not on public right-of-way. (m) Signs authorized for MU and A-1 Zones. No sign shall be permitted in the MU Zone or A-1 Zone except as provided in subsections (e) and (g) and as provided as follows: (1) Private directional signs indicating entrance, exit, or location of parking shall be permitted provided such signs do not exceed few six square feet in surface area for each sign. The height of such signs shall not be more than 34 60 inches from the street level. These signs may only be placed on private property and not on public right-of-way. Such signs may only be illuminated indirectly. (2) All signs in the MU and A-1 districts shall receive approval by the Planning Commission in accordance with the development plan procedure set forth in section 126-176 of the Code of Ordinances. (n) Signs authorized for EM Zone. (o) Signs authorized for NCCZ. No sign shall be permitted in NCCZ except as provided in subsections (e) and (g) and as provided as follows: (1) Only one freestanding monument sign shall be permitted on any lot in the NCCZ zone. Such sign shall be permitted provided the sign is no larger than 16 square feet in area per sign face and be no taller than 6 feet. Such sign may only be illuminated indirectly. (2) One fagade sign shall be permitted per tenant in the NCCZ zone. Such sign shall be permitted provided the sign is no larger than 20 square feet in area per sign face. Such sign may only be illuminated indirectly. (3) Private directional signs indicating entrance, exit, or location of parking shall be permitted in the NCCZ zone. Such signs shall not exceed few six square feet in surface area for each sign and the height must not be more than 39 60 inches from the street level. These signs must be placed on private property and not on public right of way. (p) Application Fees and Penalties (q) Permitted nonconforming signs. (1) Signs are permitted only in those zoning districts where they are designated as permitted under this chapter or where specifically permitted under other sections of the Code of Ordinances, except as otherwise provided herein. VA 1"" I1 1-.,E , . I i 1, 1, _ I [ I r. I 1 p-, ]- i -1T__[_ - - �� � = � ,r�'�:�F ^,- . .1'k LL r.JLL_, llitlu— e— 1, :- 1 !I � ..JLI I I II _ 1 I I 1_,e - III IIIl (2) Any sign legally existing on the effective date of this chapter which is not in conformance with the provisions of this chapter, or any subsequent amendment thereto, shall be considered a nonconforming sign. Such sign shall be authorized to remain in existence subject to the conditions as herein set forth. (3) A sign which does not comply with the requirements of this chapter may be maintained, repaired, altered or moved, provided that every portion of the sign so enlarged or moved shall be made to conform to all the regulations of the zone in which the structure is located. (4) No nonconforming sign shall become a nuisance as defined under subsection (s). (5) Temporary signs existing at the date of the adoption of this chapter shall be removed within 90 days of the adoption of this chapter. (6) In the event a nonconforming sign is damaged to such extent that the cost of repairs exceeds 50 percent of the replacement value of the sign as determined by the city's Iaspee iet3 Fire Prevention Department, the authorization as provided herein shall be terminated, at which time such sign shall be deemed in nonconformance with the provisions of this chapter and as such shall constitute a nuisance. (r) Replacement advertising signs. (1) In the event the owner of an advertising sign which is permitted pursuant to subsection (q) desires to remove the advertising sign and construct another advertising sign at the same location or at another location or in the event the owner of an advertising sign desires to reconstruct an advertising sign which has been damaged to such extent that the cost of repairs exceeds 50 percent of the replacement value, the owner may apply for a permit for a replacement advertising sign under subsection (o). A permit for a replacement advertising sign may be issued by the Department of Iispeetion Fire Prevention only upon the satisfaction of the following conditions: a. The replacement advertising sign plus all other advertising signs owned by the owner do not exceed the number of advertising signs which the owner owned at the effective date of this section. b. The replacement advertising sign shall not exceed the face area and number of faces of the replaced advertising sign. C. The owner has filed an application for permit for a replacement sign within a period of one year following the removal of the advertising sign to be replaced. d. The owner submits reasonable proof of existence of the original advertising sign as of the effective date of this section. e. The replacement advertising sign shall comply with the other requirements as set forth in this section. (2) All replacement advertising signs shall be subject to the following requirements: a. The maximum area of the face of any replacement advertising sign shall be 400 square feet with maximum length of 55 feet, inclusive of any border and trim, but excluding the base supports or other structural members; provided, however, that the foregoing restriction shall not apply to any sign located within 850 feet of an interstate highway, in which case the maximum area of the face of any sign shall not exceed 700 square feet inclusive of border and trim. In the case of two signs erected on one structure, such as back-to-back signs or V -type signs, each sign face shall conform to these restrictions. b. No two advertising signs shall be less than 1,000 feet apart unless the replacement advertising sign is being placed in the same location as the sign being replaced. Back-to-back signs and V -type signs erected on one structure shall be considered one sign. C. No replacement advertising sign shall exceed a height restriction of 40 feet measured from the ground at the base of the sign supports to the top of the sign or from the grade of the thoroughfare immediately adjacent to the sign, whichever is of greater height. d. External lighting, such as floodlights and thin line and gooseneck reflectors, is permitted provided that the light source is directed on the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of a traveled way. e. Replacement advertising signs shall only be permitted in the zone where the replaced advertising sign is located or in a less restrictive zone classification and in no event shall any replacement sign be located in a zone classification other than M-3, M-2, M-1, B-3 or HBD or as unless otherwise prohibited herein. f. Replacement advertising signs shall not be permitted in the following areas: 1. In the Central Business District. For the purposes of this section, the Central Business District is defined as an area located between the centerlines of Kentucky Avenue and Park Avenue and 28th Street and the Ohio River. Park Avenue and Kentucky Avenue shall be extended to create a polygon. 8 2. Within 500 feet of the centerline of U.S. 62/Alben Barkley Drive from the intersection of U.S. 62 and Olivet Church Road to the intersection of U.S. 62 and U.S. 45. g. No replacement advertising signs shall be constructed within an area of 300 feet from a place of worship or residence. Measurements shall be made from the outermost portion of the advertising sign and the place of worship or residence structure. (s) Signs constituting a nuisance --Abatement. (1) The following signs shall constitute a nuisance: a. A sign in a dilapidated or unsafe condition or in a condition of disrepair. "I b. A business sign which has not advertised an actual bona fide business conducted or product sold on the premises for a period of one year. C. An advertising sign which advertises a business or a product which is no longer in existence or being sold. d. A sign which remains in place following the period of time within which the sign was to have been removed. e. A sign which is in nonconformance with the provisions as set forth in this chapter. f. An electronic message sign which fails to meet the requirements as set forth in this chapter. (2) Enforcement of this Section shall be carried out pursuant to Chanter 42 of the Paducah Code of Ordinances. (3) Appeals stemming from signage enforcement shall be to the Paducah Board of Adjustment, pursuant to KRS 100.261. E 01111111 of Illikim .... mom a" OWN .0 NOW W NONE WON- WIN VAN E 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, pararagraph 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: �N Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, February 10, 2015 Adopted by the Board of Commissioners, February 24, 2015 Recorded by Tammara S. Sanderson, City Clerk, February 24, 2015 Published by The Paducah Sun, March 12, 2015 \ord\plan\zone\126-76 2-2015 10