HomeMy WebLinkAbout2006-9-717756
ORDINANCE NO. 2006-9-7177
AN ORDINANCE AMENDING SECTION 126-76, SIGN REGULATIONS, OF
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. 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.
(5) Directional sign: Any non-commercial sign of an instructional nature
bearing no business advertising and displayed for the convenience of the
public.
(6) Electronic message sign: A sign that changes messages not more than once
every es minute.
(7) Flashing sign: A sign having an illumination of which is not kept constant in
intensity at all times when in use.
(8) Flag sign: A sign having the characters, letters, or illustrations applied to
cloth or fabric.
(9) Identification sign: A sign which indicates only the name and address of the
building and/or management, and has no direct advertising value.
(10) Illuminated indirectly: A sign which is illuminated indirectly by artificial
light from any source.
(11) Lighted sign: A sign which is designed to emit artificial light from any
source.
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(12) 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 free-standing 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.
(13) 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.
�'�D
(14) 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.
(15) 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.
(16) 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.
(17) 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).
(18) 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.
(19) 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 seven 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'x14 dear Area
r
--1 way
Property Line or
Road
� Right -of -Way
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, 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.
(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 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).
M-1
59
Of A.
Illustration 1
(15) Interior electronic message signs that change not more than once every €v -e
minutes minute 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 yes
minute 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 i,D
Downtown Business Zone, as defined in section 74-5, 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 Public
Works 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. The banner crossing
Broadway must be made of heavyweight, water-resistant material,
with air pockets cut in, and contain at least ten, heavy duty, reinforced
grommets as shown in Figure 1 below. The banner shall measure 25
feet long and four feet high.
Ataxy Duty Rtu!`MW C"=Ws
4! NAME -OF �STIVAL-OR'EVE]
t `0 0o
Figure 1
(iii) Review process. The application will be reviewed by the Public
Works Director to insure that the design, material and colors are
satisfactory.
2. Permit for Broadway pole banners.
RmdmAk Pock
(i) Application. Applications for a permit must be submitted to the Public
Works 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, 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. Size of banners are 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.
SO -1
NIME
F
�1O R
E T EN rT
Figure 2
61
(iii) Review process. The application will be reviewed by the Public
Works 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 Public
Works 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. Size of banners are 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.
i4Y" bafu= width
NAME -
OF
FESTIVAL
OR `
i
EV ENT }
I
E
Figure 3
(iii) Review process. The application will be reviewed by the Public
Works Director to insure that the design, material and colors are
satisfactory.
4. Permit for Lower Town Arts District pole banners.
(i) Application. Applications for a permit must be submitted to the
Planning office at least 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; 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.
62
(b) Design of the banner. Size of banners are 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.
26"
24'" wide banner
FE91,1 AL
`
OR
EVENT
fir VNMCOL
Se"s to
Fi Lire 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.
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 Public Works, and the Chairperson of the
Historic and Architectural Review Commission.
(d) 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.
63
18. Sandwich Board Signs.
1. 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 facade.
b. Sandwich board signs shall be no taller than 36 inches from
grade and no wider than 24 inches. Such signs must be secured J
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) feet in width. In no instance can such
signs occupy an area that limits any portion of the useable
sidewalk to less than five (5) feet; or 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 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 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
and 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 to be a nuisance.
j. A sign permit must be obtained from the Inspection 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.
64
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:
C,
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, M -U 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 98-5 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 10 days following the event, and
shall otherwise comply with the provisions of section 78-5 of the Code of
65
Ordinances. 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 (6) square feet per sign face. Such signs may
be located within seven (7) 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: '�D
(1) Signs located wholly within a building or structure. Interior window
signs shall not obstruct more than 30 percent of the window.
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) Signs affixed to a properly licensed motor vehicle operating upon
public thoroughfares.
(3) Dangerous dog signs as required under section 14-40 of the Code of
Ordinances, provided such signs shall not exceed 18 X 24 inches.
(4) Any sign erected by any governmental body or agency.
(5) 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.
(6) Temporary signs. 10
(f) Signs prohibited in all zones and districts. The following signs are prohibited
in all zones and districts.
(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, and R-4 Zones. No signs shall be
permitted in the R-1, R-2, and R-3 zones in the city except as provided in
subsection (e) above and as provided as follows: �D
(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
M
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
ten feet to any property line unless attached to a building and shall not exceed
eight feet in height.
(3) Church bulletin boards shall be permitted at churches provided such
identification signs or bulletin boards do not exceed 48 square feet in area per
sign face. 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 ten feet to any property line unless attached to a building
and shall not exceed eight feet in height.
(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)(5).
(5) Signs advertising the business uses in the R-4 zone shall be permitted
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.
(6) Private directional signs indicating entrance, exit, or location of parking shall
be permitted in the R-4 zone. Such signs shall not exceed four square feet in
surface area for each sign and the height must not be more than 30 inches
from the street level. These signs must be placed on private property and not
on public right-of-way.
(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. 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 permitted a sign area not to exceed one square foot
per lineal foot of street frontage subject to a maximum size of 50 square feet
in area per sign face.
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) 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 maybe indirectly illuminated.
e. Projecting signs maybe 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.
RVA
�dimieertu_u�L-- A&Wfikwm Je nLa
(3) 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. Letters shall be no larger than eight inches
high.
(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.
0) 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 four square feet in surface
1s3
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.
(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 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 (4) 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 five minutes minute shall be permitted in the B-1, B-3, HBD, M-1, M-2,
and M-3 zones.
(6) Wall business signs shall be permitted for each tenant or lessee provided su
,.s are mounted en the faee of a buildiffg. The area of wall business 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 any building.
(7) No flat wall signs shall project above the roof or parapet line.
Illustration 2
(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:
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. ., .moi.... ............. �.._......�.� ��:. m..„.
(1) Every lot or tract shall be restricted to one free standing business sign.
(2) Free standing business signs shall not exceed four 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.
(6) One sign shall be permitted to be attached to the front of a principal
building. However, 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 four
square feet in surface area for each sign and the height must not be more
than 30 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 Zone. No sign shall be permitted in the MU 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 four square feet in surface
area for each sign. The height of such signs shall not be more than 30 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 district 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 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.
(o) 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.
70
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.
C" I (p) Reserved.
(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).
I
(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 Inspection 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 Inspection
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.
71
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 church or residence. Measurements shall be made
from the outermost portion of the advertising sign and the church 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.
72
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
L"
this chapter.
(2) Whenever an enforcement officer of the city's Inspection Department shall
deem such a nuisance to exist, he shall issue a notice to the parties
hereinafter stated, and such notice shall:
a. Be in writing;
b. Specify the identity of the sign and its location;
c. Request the nuisance to be abated; and
d. Advise the party(ies) that they have three days to abate the nuisance by
removal or repair, as the case may be, or to make a written demand for a
hearing before the Board of Adjustment, or else the nuisance will be
removed and abated by the city, at the owner's costs.
(3) The notice shall be sent by registered mail, return receipt requested, to the
last known address of the owner of the property whereon the nuisance is
located, as it appears on the current tax assessment roll. Where the owner of
the property is not the occupant thereof, such notice shall also be mailed to
the occupant. The notice shall also be sent to the owner of the sign if the
owner of the sign is not the owner or occupant of the property. If the owner's
address is not known or cannot be readily ascertained, the notice to him to
abate may be given by attaching such notice to the sign. If the latter method
of service is used, the enforcement officer shall make an affidavit attesting
to such facts.
(4) In the event the owner, occupant, and owner of the sign fail to abate such
public nuisance within the time as set forth above following receipt of
notice, the enforcement officer is hereby authorized, empowered and
directed to remove same and dispose of it.
(5) Any interested party may appeal the decision of the enforcement officer by
appealing to the Board of Adjustment in accordance with section 126-175. If
an appeal is taken within the three-day period, the determination of the
enforcement officer is stayed pending the proceedings before the Board of
Adjustment. If no appeal is taken within this time period, the enforcement
officer shall have the right to cause the sign to be removed and disposed of
in any manner as he may provide.
(6) The cost of the removal and disposal shall be accounted for by the
enforcement officer. The owner and occupant of the property upon which
the sign is located and the owner of the sign shall be jointly and severally
liable for reimbursement of such cost. In the event the full amount due the
city for such service is not paid by such persons within 30 days after the
disposal of the nuisance, then and in that case, the enforcement officer shall
cause to be recorded in the McCracken County Court Clerk's office asworn
statement showing the cost and expense incurred for the work, the date the
work was done, and the location of the property on which the work was
done. The recordation of the sworn statement shall constitute a lien and
privilege on the property, and shall remain in full force and effect for the
amount due in principal and interest, plus attorney fees and court costs, if
any, for collection, until final payment has been made. Sworn statements
recorded in accordance with the provisions hereof shall be prima facie
evidence that all legal formalities have been complied with and shall be full
notice to every person concerned that the amounts due constitutes a charge
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73
against the property designated or described in the statement and that the
same is due and collectable as provided by law.
(7) The city shall be entitled to recover from the responsible party or parties the
total cost of removal and disposal, plus interest thereon, and all reasonable
attorney fees and other costs incurred by the city by reason of the collection
upon and enforcement of the responsible party's or parties' liability
hereunder and the lien which secures same. Interest shall accrue on such
costs at the legal rate of eight percent per annum.
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, and 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:
Jw��dA&4,
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, September 12, 2006
Adopted by the Board of Commissioners, September 26, 2006
Recorded by Tammara S. Brock, City Clerk, September 26, 2006
Published by the Paducah Sun, October 3, 2006
ord\plan\zone\126-76 electronic -wall signs