HomeMy WebLinkAbout2015-09-8296ORDINANCE NO. 2015-9-8296
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AN ORDINANCE AMENDING CHAPTER 126-76, SIGN REGULATIONS,
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. It is the purpose of this chapter to establish regulations for the control of signs
within the zoning jurisdiction of the City of Paducah. The intent of this chapter is to support
and promote the use of signs to aid the public in the identification of businesses and other
activities, and to assist the public in its orientation within the city. Further, it is the intent of
this chapter to protect the public from the confusion created by the objectionable effects of
advertising excesses, from the danger of unsafe signs, and from the degradation of the
aesthetic qualities of the City of Paducah. It is also the intent of this chapter to promote and
protect the general appearance and aesthetics of the community. These regulations thereby
promote the health, safety and general welfare through a system of reasonable, non -arbitrary
and nondiscriminatory control of the placement, character, size, height, location and
illumination of signs.
(b) Definitions.
(1) Advertising sign: A sign which directs attention to a business product, service or
activity or entertainment, sold or offered elsewhere than on the premises where such
sign is located. Such sign includes billboards and off premises signs.
(2) Air inflated sign: A sign which maintains shape by air pressurization.
(3) Business sign: A sign which directs attention to a business profession, product, activity
or entertainment, sold or offered upon the premises where such sign is located.
(4) Campus sign: A sign which is located within a campus style environment which shall
consist of at least three acres of real property, which would include a school, college,
religious institution, performance hall, convention center, or other like environment as
approved by the planning commission. Such signs may include electronic message
signs.
(5) Canopy sign: A sign that is part of, or customarily attached to, a gasoline canopy.
(6) Directional sign: Any noncommercial sign of an instructional nature bearing no
business advertising and displayed for the convenience of the public.
(7) Electronic message sign: A sign that changes messages not more than once every eight
seconds, followed by two seconds of transition or animation.
(8) Flashing sign: A sign having an illumination of which is not kept constant in intensity at
all times when in use.
(9) Flag sign: A sign having the characters, letters, or illustrations applied to cloth or fabric.
(10) Identification sign: A sign which indicates only the name and address of the building
and/or management, and has no direct advertising value.
(11) Illuminated indirectly: A sign which is illuminated indirectly by artificial light from any
source.
(12)Island spanner sign: A sign that is attached to the supports of gasoline canopies for
advertising purposes.
(13) Lighted sign: A sign which is designed to emit artificial light from any source.
(14)Mobile sign: A sign which is affixed to a frame having wheels and capable of being
carried, or otherwise portable, and designed to stand free from a building or other
structure. Signs designed to be affixed to the surface of real estate shall be deemed
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freestanding signs and not mobile signs, but the mere removal of wheels or temporary
securing of a sign to the surface of real estate shall not prevent its being a mobile sign
within this definition.
(15) Perforated window sign: A sign made of adhesive -backed PVC vinyl or other similar
material that is perforated with a pattern or round, evenly spaced holes. This type of
sign iseg nerally applied over windows.
"(16) Projecting sign: A sign which is attached directly to the wall of a building or other
structure and which extends in a perpendicular direction outward.
(0} 17 Roof sign: A sign attached to the part of a building considered to be the roof, the
roof being that of a building that protects the interior portion of said building.
(1-7)(18)Sign: Any name, identification, description, display, illustration, or device which is
affixed to or represented directly or indirectly upon a building, structure or land, in view
of the general public, and which directs attention to a product, place, activity, person,
institution or business or otherwise provides information to the public.
" Spandrel sign: A sign attached to the spandrel that covers gasoline dispensers.
{} Streamer: A sign made of a string of ribbons, tinsel, pennants, or similar devices
used to attract attention to the premises where it is displayed.
(2A}(2I)Surface area of sign: The entire aggregate area of the actual sign surface. It does
not include any structural elements outside the limits of such sign and not forming an
integral part of display. Only one side of a double-faced sign structure shall be used in
computing total surface area. (See Illustration No. 1).
(24)_(22)Temporary sign: Any sign or display, banner, pennant, valance or advertising
display constructed of cloth, canvas, light fabric, cardboard, or other light materials,
with or without frames, intended or customarily expected to be displayed for a limited
period of time only.
(2)233)Wall sign: Any sign including a fascia sign which is attached parallel to the face of
a wall of a building or other structure.
(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
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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 message 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 freestanding 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 freestanding 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 below).
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Measiriig 1Zu !area � Heim � ASig�
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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 every 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 Gone 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.
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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
FIGURE #1
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 12, heavy duty, reinforced grommets as shown
in Figure 1 below. The banner shall measure 30 feet long and five feet
high.
Heavy Duty ReW med Gmmmeu
4' NAME -OF FESTIVAL -OR EVENT Random Air Pakcn
L ---
O
25'
(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 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
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.
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FIGURE #2
FIGURE #3
32 --
NAME
OF
su FESTIVAL
OR ,
EVENT
I
(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.
(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.
32"
NAME
OF
FESTIVAT
OR
E V ENT
(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
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388
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.
FIGURE #4
(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 discernible. The design shall be the same on both sides of the
banner.
1- 26"
24* wide banner
-------------
N tr1E o6
PEsr1VAL
OR
'""
Lxryl EVENT
L+reCnclN]1 �1U i)Mi/1[Y
112" OeneN � �
(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 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, H-2, B -2-T, and B-2 Zones and as provided as folio .
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;further sandwich board signs may be located in front of businesses in other zones that
are constructed adjacent to the front property line 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 feet in
width. In no instance can such signs occupy an area that limits any portion of the
usable sidewalk to less than five feet; interfere with pedestrian or automobile
traffic.
d. No portion of any sandwich board sign shall be placed further than 36 inches 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 that 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
nonmarine 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.
(1) Temporary signs which advertise or promote a political campaign or the expression of
ideas or beliefs shall be subject to the following regulations:
a. Such signs shall be limited to 16 square feet in area per sign face with the bottom of
the sign to be no higher than two feet from ground level.
b. As to temporary signs which advertise or promote a political campaign, only one
sign per candidate may be erected on any one lot or tract of real property or every
200 feet if the lot has over 200 lineal foot of frontage. Such signs shall be removed
within ten days following the election event.
c. Notwithstanding the effective date of this chapter, subsection (d)(1) shall become
effective on January 1, 2003.
(2) Temporary signs which advertise the sale, lease or development of real property, shall
be subject to the following regulations:
a. Such signs may be erected at the time of the commencement of the sale of the real
property and may be maintained for a period not to exceed ten days after
completion of the sale, at which time such signs shall be removed.
b. Such signs shall not exceed six square feet in area per sign face, excepting
however, such signs located in a B-3, HBD, M-1, M-2, M-3, H -M, POP, or M -U
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390
Zone with frontage over 200 feet shall not exceed 32 square feet in area per sign
face.
c. No more than one sign shall be permitted for each 200 feet the lot or tract upon
which the sign is to be located abuts upon a public right-of-way.
d. Such signs may be located within seven feet of a street right-of-way line.
(3) Temporary signs which advertise construction services and services related thereto shall
be subject to the following regulations.
a. Such signs shall not exceed 16 square feet in area per sign face.
b. Such signs shall be erected no more than 30 days prior to the beginning of
construction.
c. Such signs shall be removed within ten days after completion of construction.
d. Such signs may be located within seven feet of a street right-of-way line.
(4) Temporary signs which advertise or promote business events, special sales, "under new
management", "going out of business", "grand opening" and similar announcements
shall be subject to the following regulations:
a. Such signs may consist of wall signs, banners and other similar signs, which are
approved by the Zoning Administrator as being in compliance with the intent and
provisions of this chapter.
b. Such signs shall not exceed 32 square feet in area per sign face.
c. Each property or tenant shall be limited to two such signs. Such signs shall be
located on the site being advertised.
d. Such signs shall not be erected for a period of more than 30 days.
(5) Temporary signs which advertise or promote general events shall also be in compliance
with section 98-3 of the Code of Ordinances.
(6) Temporary signs which advertise or promote circuses or carnivals or other special
events shall not exceed 100 square feet and shall be erected within 20 days of the event
and removed within ten days following the event. Each special event is limited to two
such signs on the property the special event is being held on.
(7) Temporary signs which advertise or promote yard sales may only be erected the day
before the sale and shall be removed on the day following the sale. Such signs shall not
exceed six square feet per sign face. Such signs may be located within seven feet of a
street right-of-way line.
(e) Signs permitted in all zones and districts. Except where such signs may violate some other
section of this chapter or any other applicable provision of the Code of Ordinances of the
city, the following signs shall be permitted in all zones.
(1) Signs located wholly within a building or structure. Flashing, blinking, moving, rotating
or flapping signs shall not be visible from the public right-of-way except as provided for
in sections 126-76(c)(15) and 126-76(c)(16).
(2) Window Signs. Such signs shall not obstruct more than 30 percentage of any window
opening.
(3) Signs affixed to a properly licensed motor vehicle operating upon public thoroughfares,
provided such vehicles are not used or intended for use as a portable sign.
(4) Dangerous dog signs as required under section 14-40 of the Code of Ordinances,
provided such signs shall not exceed 18 X 24 inches.
(5) Any sign erected by any governmental body or agency,
(6) One sign not over one square feet in area identifying home occupations which are
permitted as a conditional use on the premises. The sign location shall be subject to
control by the Board of Adjustment. Lighted signs are prohibited.
(7) Temporary signs.
(f) Signs prohibited in all zones and districts. The following signs are prohibited in all zones
and districts.
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(1) Flashing, blinking, moving, rotating or flapping signs except as provided herein.
(2) Roof signs.
(3) Mobile signs.
(4) Advertising signs that exceed the dimensions of six square feet in area per sign face,
except for replacement advertising signs which are permitted pursuant to subsection (r).
(5) Air inflated sign.
(6) Streamers.
(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 and
cemeteries provided such identification signs or bulletin boards do not exceed 48 square
feet in area per sign face. One freestanding identification sign is permitted per lot,
however, one additional freestanding identification sign shall be permitted for places of
worship or cemeteries on the intersection of two streets or has double frontage on
parallel streets. Such signs may 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 section 126-76(k)(5).
(d) Such sign shall be located at least 200 feet away from any residential structure in
residential (R-1, R-2, R-3 & 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 measurement shall be taken from the nearest outside wall of the
structure. Further, such sign 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 freestanding 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 zones shall be
permitted provided such signs comply with subsection (e)(6).
(5) Freestanding 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 freestanding 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
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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 six square feet in surface area for
each sign and the height must not be more than 60 inches from the street level. These
signs must be placed on private property and not on public right-of-way.
(7) One facade 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 eight 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 freestanding
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
freestanding 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 eight feet from 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 subsection (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 the 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 a cumulative size of 50 square feet per fagade. 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.
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.
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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 signs shall be a maximum size of 50 square feet. Awning signs may
be indirectly illuminated..
(i) Signs authorized for H-1 Zone. No signs shall be permitted in the H-1 Zone in the city
except as provided in subsections (e) and (g) and as provided as follows:
(1) Signs shall be permitted provided such signs are constructed so that each letter thereof
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. Such signs may only be illuminated indirectly.
(2) A projecting sign shall be permitted provided that such sign is attached directly to the
wall of a building and extends in a perpendicular direction outward no more than three
feet from the face of the building. The longest dimension of any sign shall not exceed
three feet. The face of any sign shall not exceed six square feet with a two -face
maximum. One sign per building facade is permitted. Such signs may only be
illuminated indirectly.
(3) All signs in the H-1 Zone shall be subject to the requirements of subsections 126-115(c)
and (g) of the Code of Ordinances.
(4) Theaters in the H-1 Zone may erect lighted poster cases designed as follows:
a. A frame made of wood to hold poster type advertisement that shall not exceed 12
square feet. The poster shall fit perfectly inside the frame leaving no exposed
edges. A shatterproof plexiglas cover shall be used to protect the advertisement.
b. Lighting shall be inside the case hidden from view and projected toward the poster
sign. In no instance shall the sign be illuminated from behind.
c. No more than four of these lighted poster cases shall be erected on any side of a
building. All poster case signs shall be subject to the requirements of subsections
126-115(c) and (g) of the Code of Ordinances.
(j) Signs authorized for H-2 Zone. No signs shall be permitted in the H-2 Zone in the city
except as provided in subsections (e) and (g) and as provided as follows:
(1) Signs shall be permitted provided the sign is no larger than 12 square feet in area per
sign face.
(2) Such signs may only be illuminated indirectly. No sign shall be illuminated to an
intensity of more than 90 foot candles when measured at eight feet and shall not be
closer than ten feet to any property line unless attached to a building or structure.
(k) Signs authorized for B-1, B-2, B-3, M-1, M-2, M-3 and HBD 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 six square feet in surface area for each sign
face and the height shall not exceed 60 inches from the street level. These signs shall
not be placed within the public right-of-way.
(3) Only one freestanding 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 freestanding business sign shall be permitted if the business is located at the
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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 freestanding 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.
(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.
c. In addition to (a) and (b) above electronic message signs may be allowed in the B-
2 Zone with additional requirements as follows:
1) Such sign shall not exceed 25 square feet in area per sign face.
(2) Such sign shall not exceed six feet fromrg ade.
(3) Such sign shall be located at least 200 feet away from grade from any
residential structure in the H-2 Zone. The 200 foot 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
unless attached to a building .
(4) Such sign shall be located on the same lot as the principal building_
(5) Only one electronic message sign (either free-standing or attached to a
building.) shall be permitted per lot.
(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 signs shall be considered to be wall signs and shall be subject to 20
percent of the square footage of the face of the building, structure or the face of the
tenant or lessee space.
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 facade of a covered mall building shall not exceed 20
percent of the square footage of each individual facade 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.
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395
Illustration 2
(8) Gasoline canopy signs: Canopy signs shall not exceed 20 percent of the face of the
canopy on which they are a part of, or are attached to. Island spanner signs shall not
exceed 20 percent of the face of the canopy above. Spandrel signs shall not exceed 20
percent 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.
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396
Gasoline Canopy Sign
/I\
Island Spanner Sign
(9) Perforated Signs.
Spandrel Sign
/I\
Island Spanner Sign
(A) Perforated signs shall either be 50/50 or 60/40 perforation.
(B) Perforated signs may be applied to the entire window; however, a
perforated sign may not exceed more than 30% of the total facade of a
stnlctnre_
(C) Perforated signs_ may not be applied over any ingress/egress door.
(D) Perforated signs for a single business are intended to have a single,
unifying theme. Perforated signs shall not be directly illuminated from
inside the business.
(E) The total cumulative sign square footage of both wall signage and window
sianage (whether it is attached, painted, perforated or otherwise
recognized as a window sign) shall not exceed a total of 30% of the entire
facade.
(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 freestanding business sign.
(2) Freestanding business signs shall not exceed 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 freestanding 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 freestanding 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 sign 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 six square feet in surface area
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J, J�11
for each sign and the height must not be more than 60 inches from the street level.
These signs must be placed on private property and not on public right-of-way.
(8) Perforated Signs.
(A) Perforated signs shall either be 50/50 or 60/40 perforation.
(B) Perforated signs_ may be gpplied to the entire window; however, a perforated sign
may not exceed more than 30% of the total facade of a strucuture.
(C) Perforated signs may not be applied over any ingress/egress door.
(D) Perforated signs for a single business are intended to have a single unifying
theme.
Perforated signs shall not be directly illuminated from inside the business.
(E) The total cumulative sign square footage of both wall signage and window
signage (whether it is attached, painted, perforated or otherwise recognized as a
window sign) shall not exceed a total of 30% of the entire facade.
(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 six square feet in surface area for each
sign. The height of such signs shall not be more than 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.
(3) Perforated Signs.
(A) Perforated signs shall either be 50/50 or 60/40 perforation.
(B) Perforated signs maybe applied to the entire window-, however, a perforated sign
may not exceed more than 30% of the total facade of a strucuture.
(C) Perforated signs may not be applied over anyingress/egress door.
(D) Perforated signs for a single business are intended to have a single, unifying
theme.
Perforated signs shall not be directly illuminated from inside the business
(E) The total cumulative sign square footage of both wall signage and window
signage (whether it is attached, painted, perforated or otherwise recognized as a
window sign) shall not exceed a total of 30% of the entire facade.
(n) Signs authorized for HM Zone. No sign shall be permitted in the HM Zone except as
provided in subsections (e) and (g) and as provided as follows:
(1) Business signs shall be permitted provided that such signs do not exceed 25 feet in
height.
(2) Noncommercial signs utilizing directional and informational wording and graphics
relating to the location of a principal permitted use shall be permitted. Lighted signs are
permitted.
(3) Perforated Si ns.
(A) Perforated signs shall either be 50/50 or 60/40 perforation.
(B) Perforated signs may be applied to the entire window; however, a perforated sign
may not exceed more than 30% of the total fagade of a strucuture
(C) Perforated signs may not be applied over gny ingress/egress door.
(D) Perforated signs for a single business are intended to have a single unifying
theme -
Perforated signs shall not be directly illuminated from inside the business
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397
I I:
(E) The total cumulative sign square footage of both wall signage and window
signage (whether it is attached, painted, perforated or otherwise recognized as a
window sign) shall not exceed a total of 30% of the entire facade.
(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 six 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 six square feet in surface area
for each sign and the height must not be more than 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.
(1) No sign, except as specifically exempted herein, shall be displayed, erected, relocated or
altered until a permit has been issued by the Department of Inspection. An application
for a permit shall include, but shall not be limited to the following:
a. A completed application form.
b. A site plan and/or building elevations drawn to scale showing the locations of the
proposed sign(s) on the lot and/or building, including setbacks.
c. Detailed sign information including type of construction, method of illumination,
dimensions, methods of mounting and/or erecting and other similar information.
d. Engineering design on footing and structure for signs exceeding 40 feet in height.
(2) The foregoing provisions shall not apply to any temporary sign or to any other sign
which exists prior to the effective date of this chapter.
(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.
(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 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
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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 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 that 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.
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.
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399
(1) The following signs shall constitute a nuisance:
a. A sign in a dilapidated or unsafe condition or in a condition of disrepair.
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 Chapter 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.
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, September 1, 2015
Adopted by the Board of Commissioners, September 15, 2015
Recorded by Tammara S. Sanderson, City Clerk, September 15, 2015
Published by The Paducah Sun, September 18, 2015
\ord\plan\zone\126-76-Perforated Signs - 9-2015
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