HomeMy WebLinkAbout2022-04-8728ORDINANCE NO. 2022-04-8728
AN ORDINANCE REPEALING AND REPLACING SECTION 126-76 OF THE CODE
OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO SIGN
REGULATIONS IN ITS ENTIRETY
WHEREAS, any change to the text of the zoning code must be referred to the Paducah
Planning Commission before adoption and considered in accordance with KRS 100.211; and
WHEREAS, a public hearing was held on March 7, 2022 by the Planning Commission
after advertisement pursuant to law; and
WHEREAS, the Paducah Planning Commission duly considered said proposal and has
heard and considered the objections and suggestions of all interested parties who appeared at said
hearing; and
WHEREAS, the Planning Commission adopted a proposal to change the text of Section
126-76 Sign Regulations of the City of Paducah zoning ordinance; and
WHEREAS, the City desires to repeal and replace Section 126-76 of the Paducah Code
of Ordinances to reflect the changes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That Section 126-76 Sign Regulations of the Code of Ordinances of
the City of Paducah is hereby repealed in its entirety and replaced as follows:
Sec. 126-76. - Sign regulations.
(a) Purpose. It is the purpose of this section to establish regulations for the control of signs within the
zoning jurisdiction of the City of Paducah. The intent of this section is to support the use of signs to aid
the public in the identification of businesses, activities and to assist the public in its orientation within
the City. It is also the intent of this section 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. Further, it is the intent of this section to protect constitutional rights
to free speech. These regulations promote the health, safety and general welfare through a system of
reasonable, non -arbitrary and non-discriminatory control of the placement, character, size, height,
location and illumination of signs.
(b) Findings. The City of Paducah finds that the standards and procedures in this chapter:
(1) Implement the goals and policies of the comprehensive plan by establishing uniform standards and
procedures to control the size, type, number, design, placement, illumination and maintenance of
signs.
(2) Protect public health and safety by:
a. Minimizing visual distractions and obstructions that contribute to traffic accidents;
b. Prohibiting signs that constitute a traffic hazard or obstruct the visibility of motorists, bicyclists
or pedestrians, or cause confusion by virtue of visual similarity to traffic control signs;
c. Reducing hazards caused by signs that overhang or project over public rights-of-way;
d. Providing more visual open space; and
e. Preventing potential deterioration of the City's appearance and attractiveness that would create
a blighting influence.
(3) Encourage signs that are attractive and function for the type of establishment to which they pertain;
(4) Encourage signs that are in scale and architectural harmony with the project site, project buildings,
adjacent buildings and development in the zone or neighborhood in which they are located;
(5) Reduce visual clutter and physical obstructions caused by the proliferation of signs that could
diminish the City's image, property values and quality of life;
(6) Keep signs within a reasonable scale with respect to buildings to which they relate;
(7) Encourage the upgrading, updating or removal of signs that are poorly maintained, out of character
with their surroundings or do not conform to this chapter; and
(8) Prevent signs that are potentially dangerous to the public due to structural deficiencies and
disrepair.
(c) Applicability and message neutrality.
(1) Applicability. Any sign erected, placed, established or created that is visible from a public right-
of-way, adjacent property or outdoor area of public property shall be in conformance with the
standards, procedures and requirements of this chapter. All signs that are not expressly allowed by
this chapter or exempt hereunder are prohibited.
(2) Message neutrality. This chapter regulates signs in a manner consistent with the speech freedoms
of both the United States and the Kentucky Revised Statutes and is content neutral.
Notwithstanding any other provision of this chapter, no sign is subject to any limitation based on
its content.
(d) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them, except where the context clearly indicates a different meaning:
(1) Abandoned sign. A sign that:
(a) By reason of neglect, damage or deterioration requires repair; and
(b) The owner, or other party responsible for maintaining the sign, fails to undertake and complete
the repairs within thirty (30) days after written notice to do so from the City.
(2) Advertising sign. A sign which directs attention to a business, product, service activity or
entertainment, sold or offered elsewhere than on the premises where such sign is located. Such sign
includes billboards and off -premises signs.
(3) Air -inflated sign. A sign which maintains shape by air pressurization.
(4) Animated sign. Any sign depicting action, motion, light or color changes through electrical or
mechanical means.
(5) Area of sign.
(a) The area of a sign shall be considered to include all lettering, wording and accompanying
designs and symbols, together with the background on which they are displayed, any frame
around the sign and any "cutouts" or extensions, but shall not include any supporting structure
or bracing.
(b) The area of a sign shall consist of individual letters or symbols attached to or painted on a
surface, building, wall or window, and shall be considered to be that of the smallest rectangle
which encompasses all elements of said sign.
(c) The area of a sign which is other than rectangular in shape shall be determined as the area of
the smallest rectangle which encompasses all elements of said sign.
(d) The area of a sign which consists of a three-dimensional object shall be considered to be the
area of the largest vertical cross-section of that object.
(e) Only one (1) side shall be counted in computing the area of a double-faced sign.
(6) Awning. A fabric overhead projection from a building fagade intended to provide shelter from
wind, sun or rain for passing pedestrians and window shoppers.
(7) Banner. Any sign of lightweight fabric, vinyl or similar material. Flags and pennants shall not be
considered a banner.
(8) Building marker. Any sign indicating only the name of a building, the date of construction or
incidental information about its construction, which is cut into a masonry surface or made of a
permanent material and permanently affixed to the building.
(9) Campus sign. A sign which is located within a campus -style environment which consists of at least
three (3) acres of real property, such as a school, college, religious institution, performance hall,
convention center or other like environment as approved by the Planning Commission. Such signs
may include electronic message signs.
(10) Canopy sign. A sign that is part of, or customarily attached to; a gasoline canopy.
(11) Directional sign. Any non-commercial sign of an instructional nature displayed for the
convenience of the public.
(12) Drive-thru facilities sign. See "freestanding sign"
(13) Electronic message sign. A variable message sign that displays computer-generated
messages or utilizes other electronic means of changing copy. These signs include, but are not
limited to; displays using incandescent lamps, light emitting diodes (LEDs), liquid crystal displays
(LCDs) or a flipper matrix.
(14) Flag. Any fabric, banner or bunting containing distinctive colors, patterns or symbols; used
as a symbol of a government, political subdivision, the official flag of any institution, a business or
for civic purposes. Only business or trade flags are considered signs within the scope of this chapter.
(15) For sale/for rent sign (temporary). A sign which lists all or part of the premises on which
the sign is located for sale or rent.
(16) Freestanding sign. A sign that is permanently attached to the ground and is wholly
independent of any building or other structure. The term "freestanding sign" includes, but is not
limited to; any ground sign, hanging sign, landscape wall sign, drive-thru facility sign, monument
sign, multi -tenant sign, pillar sign or pole sign defined as follows:
a. Drive-thru facility sign. An outdoor sign which is part of drive-thru or drive-in facilities. This
type of sign may include, but is not limited to; a changeable point of purchase display that
allows the retailer to list products and prices.
b. Ground sign. A freestanding sign, other than a pole sign, which is:
i. Supported by at least two (2) architectural support structures;
ii. Pedestrian scale or low to the ground; and
iii. Not directly in contact with the ground.
c. Hanging sign. A sign suspended from the underside of, or attached to the side of, posts or
structures.
d. Landscape wall sign. A sign consisting of individual letters mounted on a screen, perimeter
wall or retaining wall.
e. Monument sign. A sign in which the entire bottom of the sign is in contact with the ground, or
which is mounted on a solid base at least two-thirds (2/3) of which is the sign face, providing
a solid and continuous background for the sign from the ground to the top of the sign.
f Multi -tenant sign. A sign structure designated with two (2) or more removable panels to
identify the tenants in a building with more than one (1) tenant or in a development with more
than one (1) building.
g. Pillar sign. A slender, three-dimensional freestanding vertical sign.
h. Pole sign. A freestanding or monument sign normally supported by one (1), but sometimes by
more than one (1), pole and otherwise separated from the ground by air space.
(17) Ghost sign. A sign painted on the exterior wall of a building or structure that has been
weathered and faded to the extent it has lost its original brightness of color and visibility. Such
signs shall be at least fifty (50) years old.
(18) Ground sign. See "freestanding sign"
(19) Hanging sign. See "freestanding sign"
(20) Historical marker. A plaque or sign use to commemorate and visually educate the public
about the people, places and events that are significant to local, state and national history.
(21) Home occupation sign. A sign placed on a residential property for commercial purposes
as approved by the Board of Adjustment.
(22) Identification sign. A sign which indicates only the name and address of a building and/or
management.
(23) Illuminated indirectly. The use of an external light source to illuminate a sign.
(24) Incidental sign. A sign, handbill or poster which is placed to advertise or announce a
specific event, whether on or off the property said event shall take place.
(25) Internal illumination. Internal lighting that shines through plastic or other translucent
material.
(26) Interstate system. That portion of the national system of Interstate highways and officially
designated as such by the Kentucky Transportation Cabinet.
(27) Landscaping wall sign. See "freestanding sign"
(28) Message board. A permanent sign used to convey information by means of changeable
lettering or graphics, including electronic message boards.
(29) Monument sign. See "freestanding sign".
(30) Multi -tenant sign. See "freestanding sign".
(31) Mobile sign. A sign which is affixed to a frame having wheels and capable of being
carried, attached to a vehicle 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
freestanding signs and not mobile signs, but the mere removal of wheels or temporary securing of
a sign to the surface of real estate shall not prevent its being a mobile sign within this definition.
(32) Neon sign. A sign with exposed neon lighting or a sign with neon lighted material
transparent material.
(33) Projecting sign. A sign attached directly to the wall of a building or other structure and
extends in a perpendicular direction outward.
(34) Obsolete sign. Any sign remaining after a building, structure or premise is vacated for a
six-month period of time.
(35) Pennant. Any light material such as plastic or fabric, suspended from rope, wire or string,
usually in series, designed to move in the wind.
(36) Pole sign. See "freestanding sign".
(37) Pillar sign. See "freestanding sign".
(38) Political sign. See "temporary sign"
(39) Roof sign. A sign attached to the part of a building considered to be the roof, the roof being
that part of a building that protects the interior portion of said building. Signs on the mansard of a
roof are permissible, but shall not project above the roofline.
(40) Sign. Any device, object, display, or part thereof, used to advertise, identify, display or
attract attention to an object, person, institution, organization, business, product, service, event or
location by any means; including words, letters, figures, design, symbols, fixtures, colors,
illumination or projected image.
(41) Sign face. The area or display surface used for the sign contents.
(42) Sign height. The vertical distance to the highest point of a sign structure, as measured from
the average grade at the base of the structure.
(43) Sight visibility triangle. The area formed by the intersection of a public street, a driveway
and a line connecting a point on the right-of-way.
(44) SpotlightJbeacon. Any light with one (1) or more beams directed into the atmosphere or
directed at one (1) or more points not on the same lot as the light source; also, any light with one
(1) or more beams that rotate or move.
(45) Strobe light. Intermittently flashing spotlight.
(46) Streamer. A sign made of a string of ribbons, tinsel, pennants or similar devices.
(47) Subdivision monument sign. A monument sign located at an entrance of a subdivision
and is associated with the identification of the subdivision.
(48) Temporary sign. A sign intended to be displayed for a limited period of time including,
but not limited to; the following:
a. Construction sign. Sign placed on a site during construction of a building or development
project including the rehabilitation, remodeling or renovation of a building.
b. Garage/ yard sale sign. Sign placed typically on a residential property, generally at the same
time as garage sales or yard sales.
c. Home tour sign. Directional arrows to homes on a home tour.
d. Political sign. Sign displayed prior to an election, political campaign, referendum or ballot
proposition put to the voters as part of City, State or Federal elections.
e. Real estate sign. Sign displayed on a property which is for sale, lease or rent.
f Special event sign. Signs displayed to advertise either:
i. A special event; or
ii. A non-commercial event exempt from a special event permit, such as on -premise church or
school activities.
(49) Wall sign. Any sign, including a fascia sign, which is attached parallel to the face of a wall
of a building or other structure.
(50) Window sign. A sign displayed on or within a window, visible from outside the building.
(e) Prohibited signs.
The following signs shall be prohibited, except as otherwise provide in this chapter:
(1) Signs that interfere with the free use of building entrances and exits, including emergency exits;
(2) Signs that obstruct doors or windows;
(3) Signs that impede light and ventilation otherwise required by City ordinance, code or regulation;
(4) Signs in a public right-of-way other than those allowed in this chapter;
(5) Signs within a sight visibility triangle that conflict with Section 126-65 of the Paducah Zoning
Ordinance;
(6) Signs on vehicles or trailers that are parked or located so they can be seen from a street right-of-
way and for the primary purpose of displaying the sign. It shall be prima facie evidence that the
primary purpose of a vehicle or trailer is to display a sign if the vehicle or trailer is parked on the
same property for a continuous period exceeding seventy-two (72) hours. The intent of this
subsection is to prohibit the use or display of signs on vehicles and trailers to otherwise circumvent
the purpose and intent of the sign code;
(7) Air -inflated signs;
(8) Strobe lights, animated signs, moving signs, attention attracting devices or beacons;
(9) Signs painted directly onto structures;
(10) Obsolete signs;
(11) Any sign or sign structure determined by the City to be structurally unsafe or a hazard to
safety or health by reason of inadequate maintenance, dilapidation or abandonment;
(12) Obscene signs;
(13) Mobile signs;
(14) Roof signs;
(15) Streamers, pennants and similar signs or devices, except when attached to an allowed
temporary sign;
(16) Signs that emit any noise or odor;
(17) Freestanding signs that overhang any part of a building; and
(18) Abandoned signs.
(f) Exempt signs.
The following signs are exempt from the permit requirements of these sign regulations. No sign,
including exempt signs, may be posted within a street right-of-way without written approval from the
Director of Engineering or his/her designee.
(1) Government signs that are placed by government officers in the performance of their
professional/elected duties.
(2) Temporary or permanent signs erected by public utility or construction companies in the
performance of their professional duties.
(3) Vehicle signage when painted directly on a vehicle or attached magnetically.
(4) Temporary signage as defined in subsection (g).
(5) Historical markers;
(6) Government flags;
(7) Signs carried by a person;
(8) Warning signs placed on private property and are a maximum of three (3) square feet;
(9) Window signs which obscure a maximum of twenty-five (25) percent of transparent or translucent
surfaces;
(10) Signs preempted from regulation by state or federal law;
(11) Identification signs; and
(12) Ghost signs.
(g) Temporary signs.
(1) Temporary signs generally. Except as otherwise allowed in this chapter, all temporary signs not
classified as exempt signs shall:
a. Be allowed on private property only. Sandwich board signs may be allowed on public rights-of-
way in accordance with subsection (7).
b. Be placed only by the property owner, or with the property owner's permission.
c. Not diminish public safety such as placement in a sight visibility triangle.
d. Not be mounted on a roof.
e. Not be illuminated indirectly or internally.
(2) Construction signs. During a construction period, signs may be placed to announce construction.
a. Such signs shall not exceed sixteen (16) square feet in residential and one hundred (100) square
feet in non-residential areas.
b. Such signs shall be erected no more than thirty (30) days prior to the beginning of construction.
c. Such signs shall be removed within ten (10) days after completing construction.
(3) Wall and freestanding temporary signs. Temporary wall and freestanding signs shall:
a. Be a maximum of twenty (20) square feet when located in residential zones;
b. Bea maximum of fifty (50) square feet when located in non-residential zones; and
c. Be limited to one (1) sign per parcel for each street frontage.
d. Be placed for no more than thirty (30) days.
(4) Pole banners
a. Be a maximum of twelve and one-half (12.5) square feet when located in residential zones.
b. Be a maximum of sixteen and one-half (16.5) square feet when located in non-residential zones.
c. All banners shall be securely affixed to a mounting structure.
d. Banners shall not be hung as canopy signs, flown as flags or used as any other form of permanent
sign.
e. Banner materials shall be weather -resistant fabric, plastic or vinyl.
f. Poles and materials must be compatible and compliant with design standards if placed in a
historic district.
g. The City reserves the right to remove any pole banners at any time.
(S) Street banners
a. In order to promote events of a civic and public nature in the Downtown or other commercial
areas; any person, firm, corporation or organization may hang a vertical banner on cantilevered
arms in designated locations. Further, pennants, flags or banners may be affixed to utility poles
equipped by the City for such purposes.
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 any purpose.
c. Banners reflecting a price, a business, or the promotion of goods or services are prohibited.
d. Banners may reflect only one (1) theme at any given time within a district (Downtown, Wallace
Park or Fountain Avenue for example). Different districts may have different themes at the same
time.
e. Banners shall not exceed one hundred fifty (150) square feet and not cause any interference or
disruption in vehicular or pedestrian traffic.
f. The City reserves the right to remove any banner at anytime.
(6) Signs promoting a special event may be placed no more than sixty (60) days prior to the event and
shall be removed no later than forty-eight (48) hours after the event has ended. Said signs shall be
placed on the property on which the event shall take place and shall not exceed thirty-two (32)
square feet.
(7) Sandwich board signs.
a. Sandwich board signs shall be no taller than thirty-six (36) inches in height and no wider than
twenty-four (24) inches;
b. Such signs may only be placed on a sidewalk that has a minimum of eight (8) feet in width;
c. All signs must be compliant with ADA standards and maintain a minimum of five (5) feet of
clearance from tables, chairs, bike racks or other appurtenances at all times. Placement shall not
interfere with pedestrian or vehicular traffic.
d. The sign must be constructed of weather resistant materials and shall be maintained in good
repair.
(8) During times of election. During times of primary, state or federal elections involving candidates
from federal, state or local office that represents the district in which the property is located or
involves an issue on the ballot within the district where the property is located, one (1) additional
temporary sign per issue or candidate shall be allowed. Such additional signs shall be allowed
beginning sixty (60) days prior to the date of the primary, state or federal election and shall be
removed five (5) days after the election.
(9) Additional temporary signs are allowed as follows:
a. During times of sale or rent. One (1) additional temporary sign may be located on a property
subject to the following parameters:
1. The owner consents and the property is being offered for sale or rent through a licensed
real estate agent;
2. The property is offered for sale or rent by the property owner through advertising in local
media; and
3. Such sign shall be removed within fifteen (15) days following the date on which a contract
for sale has been executed between the buyer and seller or a rental agreement has been
executed between lessor and lessee.
4. Said sign shall not exceed four (4) square feet.
b. During times property is open to the public. One (1) additional temporary sign may be located
on the property on a day when the property owner is opening the property to the public; however,
the owner may not use this type of sign for more than fifteen (15) days a year. Such sign may
not exceed four (4) square feet.
c. One (1) additional temporary sign shall be allowed upon submittal of a final development
application or issuance of a building permit and shall terminate upon the issuance of any
certificate of occupancy or for approval to connect to electric power for the work authorized by
the building permit. Such sign shall not exceed four (4) square feet.
(h) Permit requirements.
(1) No sign regulated by this chapter shall be displayed, erected, relocated or altered unless all
necessary permits have been issued by the City of Paducah. Applicants shall submit an application
to the Fire Prevention Division before any permit may be issued.
(2) Applicants shall obtain a Certificate of Appropriateness from the Historic and Architectural Review
Commission (HARC) for signage proposed within the H-1 and H-2 Zones.
(3) Signs shall only be erected or constructed in compliance with the approved permit.
(4) Applicants shall obtain permits, including electrical permits.
(5) Signs allowed pertaining to a legal, nonconforming use shall be subject to the regulations of the
zone in which the nonconforming use is located.
(i) Signs exempt from permit requirements.
The following signs shall not require a permit:
(1) Incidental signs
(2) Historic markers
(3) Temporary signs
0) Nonconforming signs.
A legal nonconforming sign may continue in existence as long as it is properly maintained in good
condition. These provisions shall not prevent the repair or restoration to a safe condition of any sign,
but a nonconforming sign shall not be:
(1) Changed to another nonconforming sign except where only the face or copy is changed;
(2) Structurally altered so as to increase the degree of nonconformity of the sign;
(3) Expanded or enlarged;
(4) Reestablished after its removal; or
(5) Moved to a new location on the building or lot.
(k) Illegal signs.
All illegal signs shall be subject to immediate enforcement action.
(1) 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) No sign shall be erected or maintained where by reason of its position, 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.
(3) No internally illuminated sign or electronic message sign shall be allowed within fifty (50) feet of
property in any residential zone.
(4) No sign shall be placed in any public right-of-way except as provided herein.
(5) Traffic visibility at intersections shall be preserved in accordance with section 126-65 of the
Paducah Zoning Ordinance.
(6) No sign shall be attached to any tree, fence or utility pole except by a governmental body or agency.
(7) All signs shall be adequately maintained. Such maintenance shall include proper alignment,
continued readability and preservation of the sign with paint or other preservatives. Electronic message
signs shall be free of burned -out lights.
(8) All signs placed upon private property must have the written consent of the property owner or the
owner's agent.
(9) The area of a freestanding sign shall not include poles, supports or other structures used solely for
support and do not contain advertising of any kind. Message boards are allowed as accessory signs on
freestanding or wall signs. The area of the message board shall be included in the total allowable sign
area.
(10) Interior electronic message signs that change not more than once every thirty (30) seconds shall
be allowed in the B-1, B-2, B-3, HBZ, HM, M-1, M-2 and M-3 Zones. Such signs shall be no larger
than thirty (30) percent of the window.
(11) hiterior electronic signs that change not more than once every thirty (30) seconds shall be allowed
in the B -2-T and H-1 Zones. Such signs shall be no larger than four (4) square feet. Only one (1) such
sign shall be allowed per structure.
(m) Signs allowed by specific zoning district.
Any sign not specifically allowed shall be prohibited.
(n) Residential and Mixed -Use Zones (R-1, R-2, R-3, R-4, NSZ, NCCZ and MM
(1) Single-family and two-family dwellings:
One (1) building marker not exceeding one (1) square foot for each single-family residence or each side
of a two-family structure.
a. Every parcel shall be entitled to two (2) signs not exceeding thirty-six (36) square inches to be
placed in any of the following locations:
i. On the front of every building, residence or structure;
ii. On each side of an authorized U.S. Postal Service mailbox; and
iii. On one (1) post which measures no more than forty-eight (48) inches in height and four (4)
inches in width.
(2) Multi -family dwellings:
a. One (1) freestanding sign that shall not exceed thirty-two (32) square feet and eight (8) feet in
height and shall have a front yard setback of twenty (20) feet;
b. One (1) wall sign that shall not exceed twelve (12) square feet.
(3) Incidental signs which shall not exceed two (2) square feet.
(4) Home occupation - One (1) wall sign not exceeding one (1) square foot.
(5) Subdivision - One (1) subdivision monument sign per entrance into a residential subdivision not to
exceed thirty-two (32) square feet and eight (8) feet in height. Said sign shall have a setback of ten
(10) feet from the traveled portion of the public way.
(6) Buildings used for religious or educational activities and cemeteries:
a. One (1) freestanding sign that shall not exceed thirty-two (32) square feet and eight (8) feet in
height. Said sign shall have a front yard setback of ten (10) feet;
b. One (1) wall sign that shall not exceed twelve (12) square feet;
c. One (1) message board that shall not exceed twelve (12) square feet and eight (8) feet in height;
and
d. Incidental signs which shall not exceed two (2) square feet.
(7) Principally or conditionally permitted commercial uses in the R-4, NSZ, NCCZ and MU Zones:
a. One (1) freestanding sign that shall not exceed thirty-two (32) square feet and eight (8) feet in
height and shall have a front yard setback of ten (10) feet.
b. Wall signs shall be allowed for each tenant or lessee. Such signs shall not exceed twenty (20)
percent of the face of the structure or each individual tenant or lessee space.
(8) No electronic message sign or electronic message boards shall be allowed in any residential zone,
except for the Mixed -Use zone, wherein an electronic message sign or board may be allowed fifty
(50) feet from any residential structure or mixed-use structure with a residential component.
(9) If a proposed sign is larger than allowed within adopted covenants in the MU Zone, it shall be
referred to the Planning Commission as part of an Amendment to a Development Plan.
(o) Professional, commercial and industrial zones (B-1, B-2, B-3, HBZ, M-1, M-2, M-3, HM, POP, 4-1).
(1) One (1) freestanding sign per street frontage; additionally, one (1) freestanding sign for every three
hundred (300) linear feet of street frontage.
a. Freestanding signs shall not exceed seventy-five (75) square feet, twenty-five (25) feet in
height and shall have a minimum setback of five (5) feet. When street frontage permits
two (2) signs, the freestanding signs may be combined into one (1) freestanding sign that
shall not exceed one hundred ten (110) square feet. For buildings with more than one (1)
occupying business, this freestanding sign may list all businesses within the building.
b. Monument type freestanding signs shall not exceed sixty (60) square feet, eight (8) feet in
height and shall have a minimum setback of five (5) feet.
(2) One (1) wall sign, canopy sign or awning sign per street frontage with a maximum of four (4) signs
per building or structure. The maximum allowed area for all signage in these zones is thirty-two
(32) square feet or twenty (20) percent of the wall area to which the sign, canopy or awning is
attached, whichever is greater. A maximum of thirty (30) feet of the fagade shall be used to
calculate the square footage area of a wall sign. Awnings shall have at least seven (7) feet of
clearance when fully extended. When a building contains two (2) or more separate businesses,
these requirements shall be applied separately to the wall area of the portion of the building
occupied by the individual business.
(3) One (1) message board either attached to a wall sign or freestanding sign not to exceed thirty-two
(32) square feet and eight (8) feet in height.
(4) One (1) drive-thru facility sign for each drive-thru lane, walk-up window or drive -up curbside.
Drive-thru facility signs shall not exceed fifty-five (55) square feet and shall have a maximum
height of eight (8) feet.
(5) One (1) temporary sign per street frontage.
(6) Theater marquee signs.
a. A marquee shall not exceed thirty-two (32) square feet, shall not project more than eight
(8) feet from the building face and shall have a minimum clearance of ten (10) feet.
(7) Incidental signs shall not exceed two (2) square feet.
(8) Buildings used for religious or educational activities.
a. In addition to signage allowed above, one (1) message board, not exceeding thirty-two (32)
square feet and eight (8) feet in height.
(10) Subdivision - One (1) subdivision monument sign per entrance into a commercial or industrial
subdivision not to exceed forty-eight (48) square feet and ten (10) feet in height. Said sign shall
have a setback of 10 (ten) feet from the traveled portion of the public way.
(9) Single-family, two-family and multi -family dwellings shall follow the provisions of subsection
(n).
(10) Perforated signs shall be allowed; however, they shall be either 50/50 or 60/40 perforation. No
perforated sign shall be placed over ingress/ egress door.
(11) Neon signs are allowed.
(p) Historic Downtown area (B -2-T, H-1 and H-2)
(1) Wall signs. One (1) wall sign per building facade shall be allowed, provided that such signs shall
be constructed so that each letter runs parallel to the street upon which the business abuts, shall be
affixed to the exterior wall of the building and shall not protrude from the wall a distance of more
than eighteen (18) inches. Wall signs shall be a maximum size of fifty (50) square feet. Building
facades with more than fifty (50) feet of street frontage are allowed a maximum sign area of one
and one-half (1.5) square feet per linear foot of street frontage subj ect to a one hundred (100) square
foot maximum.
a. Internal illumination shall be allowed only when the letters themselves are lit and not the
background in the B -2-T Zone.
b. Wall signs maybe illuminated indirectly in the H-1 and H-2 Zones.
(2) Freestanding signs shall not exceed twelve (12) square feet.
(3) All signs in the H-1 and H-2 Zones shall be subject to the requirements of section 126-115 (c) and
(g)•
(4) Projecting signs. One (1) projecting sign per building facade on a street frontage shall be allowed,
provided that such sign may project from a building no more than four (4) feet horizontally and
have a maximum area of six (6) square feet.
a. The projecting sign shall start no more than six (6) inches from the exterior wall of the building;
b. Shall be mounted by a metal bracket projecting from the wall of the building;
c. Shall be located within two (2) feet of the centerline of the building;
d. May have direct external illumination;
e. May be made of wood, metal alucobond, reinforced canvas or polyurethane foam; and
f. If the structure has a secondary entrance to a separate business or dwelling within the principle
structure, one (1) additional projecting sign shall be allowed. Secondary signs shall not exceed
one (1) square foot and shall be installed above the secondary entrance.
(5) Awning signs. Signs on awnings shall be a maximum size of fifty (50) square feet and may be
illuminated indirectly.
(6) Sandwich board signs are allowed if the business does not have a projecting sign.
(7) Neon signs are allowed.
(q) Additional signage allowed in specific commercial and industrial zones.
(1) Downtown Business Zone (B-2) - In addition to the signage allowed above, the following signs
shall be allowed:
a. Sandwich board signs.
(2) General Business, Highway Business, Light Industrial and Heavy Industrial Zones (B-3, HBZ, M-
1, M-2, M-3)
In addition to the signage allowed in subsection (o), the following signs shall be allowed:
a. Shopping malls larger than one hundred thousand (100,000) square feet may have one (1)
freestanding sign per street frontage with a maximum of two hundred fifty (250) square feet
and a maximum height of thirty (30) feet. All other shopping malls may have one (1)
freestanding sign per street frontage with a maximum of seventy-five (75) square feet and a
maximum height of twenty-five (25) feet. Anchor tenants of a shopping mall may utilize any
exterior wall of the mall for a wall sign, provided all other regulations are followed. Malls that
contain stores with exterior ingress/ egress may utilize a hanging sign as well, provided such
sign does not exceed six (6) square feet.
b. One (1) Interstate sign for those businesses which lie within a two thousand five hundred
(2,500) foot radius of the center point of an Interstate interchange overpass. This Interstate
sign shall take the place of the allowed freestanding sign outlined in subsection (o) above.
These businesses may have a combination of any two (2) of these signs: Interstate sign and
wall signs or freestanding signs and wall sign. Interstate signs shall be subject to the following
restrictions:
1. Individual signs shall not exceed two hundred fifty (250) square feet.
2. Ninety (90) feet in height.
3. The signs base shall be at least ninety (90) feet from any residentially zoned property.
(3) Advertising signs are allowed in the B-3, HBZ, M-1, M-2 & M-3 Zones along state and federal
highways.
(q) Planned Unit Development (PUD).
A sign's height, size, location and design features shall be determined by the sign requirements set forth in
the underlying zone.
(s) Replacement advertising signs.
In the event the owner of an advertising sign desires to remove the sign and construct another advertising
sign at the same or different location, the owner may apply for a permit from the Fire Prevention Division.
A permit for a replacement advertising sign may be issued only upon the satisfaction of the following
conditions:
a. The number of advertising signs owned by the same owner do not exceed the current amount at
which time the permit is applied for.
b. The replacement advertising sign shall not exceed the face area and number of faces of the replaced
sign.
c. The owner has filed an application for permit for a replacement sign within a period of one (1) 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.
(t) Advertising on Interstate Highways. No advertising sign shall be allowed adjacent to Interstate or
limited -access highways except in conformance with the setback requirements established by the Kentucky
Transportation Cabinet and the requirements of this Zoning Ordinance with respect to the zoning district
involved and subsection (s) above.
(u) Substitution clause. The owner of any sign which is allowed by this chapter may substitute
noncommercial speech in lieu of any other commercial speech or noncommercial speech. This substitution
of copy may be made without any additional approval or permitting. The purpose of this provision is to
prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any
particular noncommercial speech over any other noncommercial speech. This provision prevails over any
more specific provision to the contrary.
SECTION 2. Severability. If any section, paragraph or provision of this Ordinance shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this
Ordinance.
SECTION 3. Compliance with Open Meetings Laws. The City Commission hereby finds
and determines that all formal actions relative to the adoption of this Ordinance were taken in an
open meeting of this City Commission, and that all deliberations of this City Commission and of
its committees, if any, which resulted in formal action, were in meetings open to the public, in full
compliance with applicable legal requirements.
SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict
with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the
provisions of this Ordinance shall prevail and be given effect.
SECTION 5. Effective Date. This Ordinance shall be read on two separate days and will
become effective upon summary publication pursua
ATT ST:
a,
Lindsay Paris Ci y Clerk
Introduced by the Board of Commissioners, March 22, 2022
Adopted by the Board of Commissioners, April 12, 2022
Recorded by the City Clerk, April 12, 2022
Published by The Paducah Sun, April 16, 2022
ord\126-76 Sign Regulations Repeal & Replace 2022
George Bray, Mayor