HomeMy WebLinkAbout2012-10-7979ORDINANCE NO. 2012-10-7979
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AMENDING
SECTIONS 126-76(h) & (1) AND SECTION 126-173, OF CHAPTER 126,
ZONING OF THE PADUCAH CODE OF ORDINANCES
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky, hereby amends Chapter 126-
76, Sign Regulations of Chapter 126, Zoning of the Code of Ordinances of the City of Paducah,
Kentucky, to read as follows:
"(h) Signs authorized for B -2-T zone. No signs shall be permitted in the B -2-
T zone in the city except as provided in subsections (e) and as provided as follows:
(1) Wall signs for single -tenant buildings. One wall sign per building facade
shall be permitted provided that such signs shall be constructed so that each letter
thereon runs parallel to the street upon which such business abuts, shall be
affixed to the exterior wall of the building and shall not protrude from the wall a
distance of more than 18 inches. Wall signs shall be a maximum size of 50
square feet. Building facades with a greater than 50 lineal feet of street frontage
are allowed a maximum sign area of 1.5 square feet per lineal foot of street
frontage subject to a 100 square foot maximum.
a. Internal illumination shall be permitted only when the letters
themselves are lighted and not the background. Neon signs are not
permitted
b. Wall signs may be indirectly illuminated.
(2) Wall signs for multi -tenant buildings. One wall sign per tenant shall be
permitted provided that such signs shall be constructed so that each letter thereon
runs parallel to the street upon which such business abuts, shall be affixed above
the business entryway and shall not protrude from the wall a distance of more
than 18 inches. Wall signage shall be a cumulative size of 50 square feet per
facade. Building facades with a greater than 50 lineal feet of street frontage are
allowed a maximum sign area of 1.5 square feet per lineal foot of street frontage
subject to a 100 square foot cumulative maximum.
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.
94 (3) Projecting signs. One projecting sign per building facade on street
frontage shall be permitted provided that such sign may project from a building
no more than four feet horizontally and have a maximum area of six square feet.
a. The projecting sign shall start no more than six inches from the
exterior wall of the building.
b. A projecting sign shall be mounted by a metal bracket projecting
from the wall of the building.
C. Projecting signs shall be located within two feet of the centerline
of the building.
d. Projecting signs may be indirectly illuminated.
e. Projecting signs may be made of wood, metal, alucobond,
reinforced canvas or polyurethane foam.
f. Secondary entrances to separate dwellings or businesses within
the principal structure shall be permitted to have one additional
projecting sign. Such sign shall not exceed one square foot in size
and shall be installed above the secondary entrance.
(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.
(1)
Signs authorized for POP Zone. No signs shall be permitted in the POP
Zone of the city except as provided in subsections (e) and (g) and as provided as follows:
(1)
Every lot or tract shall be restricted to one freestanding business sign.
(2)
Freestanding business signs shall not exceed twelve (12) feet above
Bylaws. To adopt bylaws for its own government.
grade in height or more than 12 square feet in area for each foot of lineal
Administrative review. To hear and decide appeals where it is alleged by
frontage of the building. However, no sign shall exceed 200 square feet
the applicant that there is error in any order, requirement, permit,
in area (100 square feet per face, two -face maximum) except as
decision, determination or refusal made by the enforcement officer or
otherwise provided herein.
(3)
Hotels, motels, and restaurants shall be permitted to have one
interpretation of the zoning map.
freestanding business sign. Such signs shall not exceed the height of the
Conditional uses. To hear and decide applications for conditional use
roof line of the principal structure. Such sign shall not exceed 40 feet in
permits that allow uses which are specifically named in the zoning
height and shall not exceed 200 square feet in area per sign face.
(4)
All freestanding business signs shall have a minimum setback of 20 feet
from the street.
(5) Lighted signs shall be permitted. However, all sign lighting shall be only
of a type, intensity and direction only necessary to light the sign.
Electronic message signs shall be permitted.
(6) One sign per tenant, per each fagade shall be permitted to be attached to
the'f� ofprincipal building. However, the total square footage of
such sign shall not exceed five percent of the total above -grade elevation
building face.
(7) Private directional signs indicating entrance, exit, or location of parking
shall be permitted in the POP Zone. Such signs shall not exceed 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. "
SECTION 2. That the City of Paducah, Kentucky, hereby amends Chapter 126-
173, Board of Adjustment, of Chapter 126, Zoning of the Code of Ordinances of the City of
Paducah, Kentucky, to read as follows:
"Sec. 126-173. Board of Adjustment.
(a)
A Board of Adjustment (hereinafter known as "the Board") shall be
appointed and organized in conformance with the KRS 100.217. (Code 1968, app. A, § 80)
(b)
The Board shall have the following powers and duties:
(1)
Bylaws. To adopt bylaws for its own government.
(2)
Administrative review. To hear and decide appeals where it is alleged by
the applicant that there is error in any order, requirement, permit,
decision, determination or refusal made by the enforcement officer or
other administrative official in the carrying out of this chapter, and for
interpretation of the zoning map.
(3)
Conditional uses. To hear and decide applications for conditional use
permits that allow uses which are specifically named in the zoning
provisions, and which may be suitable only in specific locations in the
zone if certain conditions are met.
(4)
Variance. To hear and decide on applications for dimensional variance
where, by reason of the exceptional narrowness, shallowness or unusual
shape of the site, or by reason of exceptional topographic conditions, or
some other extraordinary situation or condition of that site, the literal
enforcement of the dimensional requirements (height or width of
building, or size of yards, but not population density) of the zoning
provisions would deprive the applicant of reasonable capacity to make
use of the land in a manner equivalent to the use permitted other
landowners in the same zone. The Board may impose any reasonable
conditions or restrictions it decides to grant.
(5) , thee
Board shall eonsidef 11 of the following, whieh shall be FeeoMed along
and i ss red iii-=ATittennfarm to the applieant to const ut f of 4—
dimensional d al
a. The Feeifie eonditio s in detail, whiek are tini"^�e
applieant's !and and do not exist on other- land in the saffie ise
b. The tflannef
ehaptef would depfive the applieant of the r-easonable use of the
land in the manner- equivalent—to the use pefmitted—e�lre�
landowner -s in the same i�one.
Before anv variance is granted, the board must find that the granting of the
variance will not adversely affect the public health, safety or welfare, will not
alter the essential character of the general vicinity, will not cause a hazard or a
nuisance to the public and will not allow an unreasonable circumvention of the
requirements of the zoning regulations. In malting these findings, the board shall
consider whether:
(a) The requested variance arises from special circumstances which
do not generally apply to land in the general vicinity or in the
same zone;
(b) The strict application of the provisions of the regulation would
deprive the applicant of the reasonable use of the land or would
create an unnecessary hardship on the applicant; and
(c) The circumstances are the result of actions of the applicant taken
subsequent to the adoption of the zoning regulation from which
relief is sought.
(6) Nonconforming use change. To permit a change from one nonconforming
use to another, providing the new nonconforming use is in the same or a
-more restrictive zoning classification in accordance with section 126-63.
(7) Limits of authority. The Board of Adjustment shall not possess the power
to grant a variance to permit a use of any land, building or structure which
is not permitted by the zoning provisions for the zone in question; or to
alter density requirements in the zone in question. The Board does not
possess the authority to permit a use not authorized by this chapter.
(8) Application of variance. A dimensional variance applies to the property
for which it is granted, and not to the applicant. A variance also runs with
the land, and is transferable to any future owner of the land, but it cannot
be transferred by the applicant to a different site.
(9) Additional authority. In granting a variance, the Board may attach thereto
such conditions regarding the location, character and other features of the
proposed building, structure or use as it may deem advisable in the
furtherance of the purposes of this chapter.
(10) Conditions for granting variance. Before any variance is granted, the
Board must find present conditions which must be sustained by evidence
presented by the applicant that the property will not yield a reasonable
return if used in compliance with this chapter, that the conditions causing
the hardship are unique and are not shared by the neighboring property in
the same zone, and that the granting of the variance will not be in conflict
with this chapter. These conditions must be alleged by the applicant and
evidence must be produced by him to substantiate these allegations.
(11) Report. A written report on each variance that is granted or denied by the
Board shall be submitted to the City Commission with a copy retained in
the files of the Planning Office.
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, a provision hereof separable and 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 S Chapter 2
Mayor
ATTEST:
'1Ao �.
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, October 2, 2012
Adopted by the Board of Commissioners, October 9, 2012
Recorded by Tammara S. Sanderson, City Clerk, October 9, 2012
Published by The Paducah Sun, October 15, 2012
\ord\plan\zone\126-76 h,1, 126-73 (5) 10-2012