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.
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(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.
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(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
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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
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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.
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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.
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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.
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(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.
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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.
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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
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