HomeMy WebLinkAbout2005-3-6935C
ORDINANCE NO. 2005-3-6935
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, nonarbitrary 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 nor -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 five minutes.
(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.
(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.
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(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.
(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 10 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).
0
Property Line or
Right -of -Way
Tx 10 Clear Area
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 Section 126-76(s) shall not apply to this
section.
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(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 ten 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 ten 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).
Illustration 1
(15) Interior electronic message signs that change not more than once every five
minutes shall be permitted in the B-1, B-2, B-3, HBD, M-1 & M-2 zoning
districts. Interior electronic message signs in these zones can be no larger
than 30 percent of the window.
361
362
(16) Interior electronic signs that change not more than once every 5 minutes
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.
(1) In order to promote general events of a civic and public nature in the
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.
(2) 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.
(3) 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.
(4) Guidelines
(a) Banners hanging over Broadway.
1. 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.
2. 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 10, heavy
duty, reinforced grommets as shown in Figure #1 below. The
banner shall measure 25 feet long and 4 feet high.
Heavy Duty Reinforced Grommets
� I /
G or
Random Air Pockets
4' , NAME -OF FESTIVAL -OR` EVENT
Q o 0
25' \ \
Figure #1
3. Review Process. The application will be reviewed by the Public
Works Director to insure that the design, material and colors are
satisfactory.
(b) Permit for Broadway pole banners
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.
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2. Material and dimensional requirements. Banners must be
constructed of heavyweight, water-resistant fabric. Size of
banners are restricted to 30" X 80" 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 3" 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.
C: �— -)2" T-Y—I
NAME
OF
O
'EVENT
Figure #2
Review Process. The application will be reviewed by the Public
Works Director to insure that the design, material and colors are
satisfactory.
'I (c) Permit for Jefferson Street pole banners.
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.
2. Material and dimensional requirements. Banners must be
constructed of heavyweight, water-resistant fabric. Size of
banners are restricted to 30" X 60" 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 3" 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.
KNII
3"
Figure #3
Review Process. The application will be reviewed by the Public
Works Director to insure that the design, material and colors are
satisfactory.
(d) Permit for Lower Town Arts District pole banners.
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.
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. Size of banners are restricted to
24" X 48" 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 ''/2"
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.
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1 26"
wa banner
MUM
FMiVa:L
O
a
'EVENT
600*116t- �
Figure #4
(c) The color scheme of the banner must be appropriate to
the historic district and will be reviewed by the Lower
Town Arts District Banner Review Committee.
3. 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
i colors specified above are met. This committee shall consist of
the Director of Planning, Director of Public Works, and the
Chairperson of the Historic & Architectural Review
Commission.
(5) 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.
(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
r election event.
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.
366
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.
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
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:
(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.
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367
(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.
(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:
(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
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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 sian. 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 10 feet. Such signs may only be illuminated indirectly.
(6)
Private directional signs indicating entrance, exit, or location of parking shall
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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 (g) and as provided as follows:
(1)
Signs 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.
(2) Signs may be lighted.
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(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
two 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
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 free standing business sign shall be permitted on any lot, provided,
however, one additional sign shall be permitted for each additional 300 feet
of frontage. One (1) additional free standing business sign shall be permitted
if the business is located at the intersection of two streets.
The size of the sign shall not exceed 1.5 square foot per lineal foot of street
frontage subject to a maximum size of 200 square feet in area per sign face.
The outer edge of the sign shall be set back at least seven feet from the side
lot line. All permitted freestanding signs shall not exceed a height of 40 feet
from adjacent grade, except as may be otherwise authorized in the following
subsection. Lighted signs are permitted.
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(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 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
such signs are mounted on the face of a building. The area of wall business
signs shall not exceed 20 percent of square footage of face of building or
face of tenant or lessee space. Lighted signs are permitted.
(1)
Signs authorized for POP Zone. No signs shall be permitted in the POP Zone of
the city except as provided in subsections (e) and (g) and as provided as follows:
(1)
Every lot or tract shall be restricted to one free standing business sign.
(2)
Free standing business signs shall not exceed 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.
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(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:
way.
(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.
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.
(p) Liability insurance required for signs extending over or into street or public
(1) Before any person may be issued a permit under this chapter for a sign
suspended over a street or other public way, or extending into a street or
other public way, by more than one foot beyond the building line, such
person shall obtain and file with the City Engineer, and continue to keep in
force while such sign remains suspended or extended, a liability insurance
policy conditioned for the benefit of persons suffering injury, loss or damage
to their person or property resulting from the suspension, extension, and
maintenance of such sign, or resulting from any accident which might occur
by reason of the failing of such sign, or resulting from any cause in
connection with the suspension, extension, or maintenance thereof.
(2) Such policy shall also protect the city, its agents, servants or employees against
any and all liability which may be imposed upon it or them by reason of the
suspension, extension, or maintenance of such sign, or on account of any
accident resulting from the suspension, extension, or maintenance thereof.
The city shall be a named insured on the policy.
(3) The liability policy shall be in the sum of not less than $100,000.00 for the
injury to or death of any one person, and not less than $300,000.00 for the
injury to or death of all persons affected by any one accident, and not less
than $50,000.00 for the benefit of persons who may sustain property damage
in any one accident resulting from the suspension, extension, or maintenance
of such sign.
371
(q) Permitted non -conforming 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 non -conforming 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 non -conforming 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 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
which the owner owned at the effective date of this section.
b. The replacement advertising sign shall not exceed the face area and
number of faces of the replaced advertising sign.
c. The owner has filed an application for permit for a replacement sign
within a period of one year following the removal of the advertising
sign to be replaced.
d. The owner submits reasonable proof of existence of the original
advertising sign as of the effective date of this section.
e. The replacement advertising sign shall comply with the other
requirements as set forth in this section.
(2) All replacement advertising signs shall be subject to the following requirements:
a. The maximum area of the face of any replacement advertising sign shall
be 400 square feet with maximum length of 55 feet, inclusive of any
border and trim, but excluding the base supports, or other structural
members; provided, however, that the foregoing restriction shall not
apply to any sign located within 850 feet of an interstate highway, in
which case the maximum area of the face of any sign shall not
exceed 700 square feet inclusive of border and trim. In the case of
two signs erected on one structure, such as back-to-back signs or V -
type signs, each sign face shall conform to these restrictions.
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372
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.
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.
(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
373
d. Advise the party(ies) that they have three (3) 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
1 ascertained the notice to him to
isnot known or cannot be reads ,
address Y
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 a sworn 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 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
i of such section
to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity ,
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.
374
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SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
N'
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, February 22, 2005
Adopted by the Board of Commissioners, March 8, 2005
Recorded by Tammara S. Brock, March 8, 2005
Published by The Paducah Sun, March 14, 2005
\ord\plan\zone\ 126-76,g
Mayor
I