HomeMy WebLinkAbout2010-5-7675ORDINANCE NO. 2010-5-7675
AN ORDINANCE AMENDING 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 Sections 126-66, "Height Limitation Exceptions"; 126-
68(a)(3), "Conditional Use"; 126-71(e), "Off -Street Parking and Loading Areas"; 126-76(c)(14),
(c)(17)(2)(ii), (c)(17)(3)(ii), (c)(17)(4)(ii), (g)(3), and (r)(2)(g), "Sign Regulations"; 126-
78(d)(3), "Adult Entertainment Activities"; 126-102(4)(e), "Low Density Residential Zone (R-
1)"; 126-103(2)(e), "Low and Medium Density Residential Zone (R-2)"; 126-104(2)(f),
"Medium Density Residential Zone (R-3)"; 126-105(1)(h), "High Density Residential Zone (R-
4)"; and 126-120(2)(g), Neighborhood Services Zone (NSZ)", of Chapter 126, Zoning of the
Code of Ordinances of the City of Paducah, Kentucky is hereby amended to read as follows:
Sec. 126-66. Height limitation exceptions.
The height limitations of this chapter shall not apply to ehufe place of worship spires, belfries,
cupolas and domes not intended for human occupancy, monuments, water towers, transmission
towers, smokestacks, chimneys, derricks and aerials.
Sec. 126-68. Conditional uses.
(a) Generally. Conditional uses are allowed only by specific approval of the
Board of Adjustment and only in the zone in which they are listed;
however, the following uses are permitted in all zones:
(1) Public utility installations;
(2) Government buildings and uses; and
(3) rh„_ehes and „ublie Public and parochial schools, provided a
ehufehes eemply:withthe r- pAs the t,�.; t,
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it is to be leeated.
(b) Application and review procedure.
(1) Upon receipt of an application for a conditional use, the Board
shall send a copy thereof to the Commission for its information and
review as to the effect of the conditional use upon the master plan, and
the Commission may present its recommendations thereon to the Board.
The Board shall then proceed with a hearing on the application in the
manner prescribed in this division. Following the hearing, and upon an
affirmative finding by the Board that:
a. The proposed conditional use is to be located in a zone wherein
such use may be permitted; and
b. The conditional use is consistent with the spirit, purpose and
intent of this chapter, will not substantially and permanently
injure the appropriate use of neighboring property, and will serve
the public convenience and welfare; the Board shall grant the
conditional use.
(2) The Board of Adjustment may approve or deny any application
for a conditional use permit. If it approves the issuance of a conditional
use permit, it may attach conditions to the approval such as time
limitations, requirements that one or more things be done before
construction can be initiated, or conditions of a continuing nature. Any
such condition shall be recorded in the Board's minutes and on the
conditional use permit, along with a reference to the specific section of
this chapter or any other applicable ordinance of the city listing the
conditional use under consideration.
(3) The Board of Adjustment shall have the power to revoke
conditional use permits for noncompliance with the conditions thereof.
Furthermore, the Board shall have the right of action to compel
offending structures or uses to be removed at the cost of the violator and
may have judgment in personam for such cost.
(4) The conditional use permits approved by the Board of Adjustment
shall be recorded at the expense of the applicant in the office of the
County Court Clerk.
(5) Approval of a conditional use permit does not exempt the
applicant from complying with all the requirements of building, housing
and other codes and regulations of the city.
(6) In any case in which a conditional use permit has not been
exercised within one year from its date of issuance, such conditional use
may revert to its original zoning designation following a public hearing
held by the Board of Adjustment in accordance with KRS ch. 424.
"Exercised," as set forth in this subsection, shall mean that binding
contracts for the construction of the main building or other
improvements have been let or, in the absence of contracts, that the
principal building or other improvements are under construction to a
substantial degree, or that prerequisite conditions involving substantial
investment are under contract, in development, or completed. When
construction is not a part of the use, "exercised" shall mean that the user
is operating in compliance with the conditions as designated in the
permit.
(7) The enforcement officer shall review all conditional use permits,
except those for which all conditions have been permanently satisfied, at
least once each year. The enforcement officer shall have the power to
inspect the land or structure where the special use is located in order to
determine if the landowner is complying with all of the conditions which
are listed on the conditional use permit.
(8) If the landowner is not complying with all of the conditions listed
on the conditional use permit, the enforcement officer shall report this
fact in writing to the Chairperson of the Board of Adjustment. The report
of the enforcement officer shall state specifically the manner in which
the landowner or occupant is not complying with the conditions on the
conditional use permit. A copy of this report shall be furnished to the
landowner at the same time (as nearly as is possible) it is furnished to the
Chairperson of the Board. The Board shall hold a hearing on the report
within a reasonable time, .and notice of the time and place of the hearing
shall be furnished to the landowner and/or occupant at least one week
prior to the hearing.
(9) If the Board of Adjustment finds that the facts alleged in the report
of the enforcement officer are true, and that the landowner and/or
occupant has taken no action to comply with the conditions (as originally
placed on the permit) between the date of the report and the date of the
hearing, the Board may authorize the administrative official to revoke the
conditional use permit and take the necessary legal action to cause the
termination of the activity on the land which the conditional use permit
authorizes.
(10) Once the Board of Adjustment has completed a conditional use
permit and all the conditions required are of such type that they can be
completely and permanently satisfied, the administrative official, upon
request by the applicant, may, if the facts warrant, make a determination
that the conditions have been satisfied and enter the facts which indicate
that the conditions have been satisfied and the conclusions in the margin _
of the copy of the conditional use permit which is on file with the County A
Court Clerk; thereafter the use in question, if it continues to meet the -�
other requirements of this chapter, will be considered a permitted use.
See. 126-71. Off-street parking and loading areas.
(a) Intent. It shall be the intent of this section to provide guidance for district
parking and loading/unloading standards as required by this Zoning Code.
Unless otherwise provided for in the individual district's regulations, this
section shall govern. Furthermore this section is intended to:
(1) Insure that adequate maneuvering, circulation, and points of
ingress and egress are provided;
(2) Provide an adequate number of off-street parking spaces and
loading/unloading bays and maneuvering areas for every property use;
(3) Insure that individual parking sizes will be large enough for the
intended use of specific properties;
(4) Provide a safe and efficient interface between the street and road
system and the parking and loading/unloading areas.
(b) General regulations. The following parking and loading/unloading
requirements represent minimum standards. Applicants are urged to
properly assess their respective needs and provide additional space as
needed.
(1) Location on other property. If the required parking spaces cannot
reasonably be provided on the same lot on which the principal use is
conducted, such spaces may be provided on other off-street property
within 400 feet of the main entrance to the principal use. Such spaces
shall be associated with principal use and shall not thereafter be reduced
or encroached upon in any manner. Furthermore, when parking space
must be provided on such other property, a written agreement signed by
the owners of the subject properties must accompany the application for
parking layout.
(2) Variances. When it can be clearly shown that an intended use shall
require less parking or loading/unloading area than that which is required
by this section because of significant variation in operation or activity,
the Planning Commission may grant a reduction in the parking and
loading/unloading requirements.
(3) Applicability. Off-street parking and loading/unloading shall be
provided for any new building constructed, for new uses or conversions
of existing conforming buildings, or for enlargements of existing
structures.
a. For new uses, conversions or enlargements of existing
conforming buildings, off-street parking, loading and unloading
in compliance with these regulations shall be provided for the
entire facility.
b. For enlargements of existing structures which do not conform to
these regulations, required parking must equal the sum of those
spaces furnished by the use prior to the enlargement and the
number of spaces required by these regulations for any additional
use area.
C. For buildings and sites containing storage buildings available for
rent to [the] public, improved surfacing and design requirements
of subsection (g) below, shall be required, regardless, if parking
is required. For enlargements of existing facilities, complete
conformance of this section is required.
(4) Multiple uses on site. For sites with more than one use, the
parking requirement shall be the sum of spaces required for each use,
except as adjusted pursuant to subsection 0) of this section.
(5) Exemptions. Any use within the B-2, B -2-T, and H-1 business
districts is exempt from the off-street parking requirements provided by
subsection (e) of this section. Any off-street parking facility constructed
in these districts after the effective date of this section (May 19, 1992)
must comply with the design standards set forth in subsections (d), (f),
(g), and (h) of this section.
(c) Design approval. All lots or portions of lots being developed for vehicular
parking which contain at least four spaces, or at least one
loading/unloading area that provides one space, shall have the design
approval of the Planning Department and the Department of Engineering
prior to issuance of a building permit. Those administrative officials shall
insure that the intent and specific provisions of this section are observed.
(d) Off—street parking requirements for residential land uses.
Housing Type and Requirement
Single Family.
2 Bedrooms
3 bedrooms
4 bedrooms
5 bedrooms
Duplexes, triplexes:
1 bedroom
2 bedrooms
3 bedrooms
Apartment building (4 units and up):
1 bedroom
2 bedrooms
3 bedrooms
Upper story apartments in the B2, B -2-T, and H-1
Zones
Parking
2 per unit
2 per unit
3 per unit
3 per unit
2 per unit
2 per unit
3 per unit
2 per unit
2 per unit
2 per unit
1-3 Units No Requirement
4 or more units 1 private or public space per
unit shown to [be] available
in a downtown zone
Mobile Homes 2 per unit plus 1 per 5 units
guest parking
(e) Off-street parking requirements for nonresidential land uses.
GFA—Gross floor area measured in square feet.
GLA—Gross leasable area measured in square feet.
Use
Assembly operations
Auto sales:
Outdoor display
Indoor display/office
Repair facilities
Bars and lounges
Parking Requirement
1 per 800 GFA
1 per 3,000 sq. ft.
1 per 750 GFA
1 per 150 GFA
1 per 200 GFA
Bowling alley 4 per alley
Car wash 10 per tunnel (parking and
stacking)
Chumhes ^„a Places of worship 1 per 3 seats
Day care facilities
Financial institutions
Finishing operations
Golf courses
Group homes
Hotel/motel
Hospitals
Industrial
Library
Manufacturing
Medical centers/offices
Offices:
Under 50,000 GFA
50,000 to 100,000 GFA
100,000+ GFA
Receiving
Research
Restaurant:
Quick style
Drive through
Sit down style
Retail stores
Schools:
Elementary
1 per 400 GFA; and a paved
unobstructed pick-up space
with a adequate stacking
areas (as determined by the
Department of Planning)
shall be provided in addition
to the standard parking
requirements; and a safe
pedestrian walkway system
(as approved by the
Department of Planning)
through the parking areas to
the building entrance, with a
minimum 15 -foot safety
zone between the parking
spaces and the front building
entrance.
1 per 300 GFA
1 per 800 GFA
50 per nine holes
1 per 600 GFA
1 per room plus 1 per
additional 100 GFA
2.25 spaces per bed
1 per 800 GFA
1 per 300 GFA
1 per 800 GFA
1 per 200 GFA
4.5 per 1,000 GFA
4 per 1,000 GFA
3.5 per 1,000 GFA
1 per 5,000 GFA
1 per 1,000 GFA
1 per 30 GFA
8 stacked spaces (per
window)
1 per 3 seats
1 per 300 GFA
2 per classroom
Intermediate
Secondary
Higher or vocational
Service stations
Shipping facilities
Shopping centers:
Under 400,000 GLA
400,000+ GLA
Storage areas/facilities
Theater:
Freestanding
In shopping center
Warehouse
1.5 per classroom
1 per 1,000 GFA
10 per classroom plus:
(a) 1 per campus vehicle.
(b) Additional visitor
parking to be 25 percent
of total parking.
(c) Parking must be in
reasonable proximity
to destination points.
4 per bay or work area
1 per 5,000 GFA
3.5 per 1,000 GLA
4 per 1,000 GLA
1 per 5,000 GLA
1 per 3 seats
1 per 4 seats
1 per 5,000 GFA
When computing number of seats and GFA or GLA for parking, where no individual
seating (such as and like sports facilities and places of worship) is provided, every 24
inches will be considered a seat.
When calculating GFA and GLA, fractions up to one-half shall be disregarded, and
fractions of one-half or more shall require one parking space.
When calculating the required parking for a specific intended use that does not appear in
this section, the Zoning Administrator shall make a determination of a similar use that
does appear in this section.
(f) Number of off-street loading spaces.
Gross Floor Area
(square feet)
Less than 5,000
5,001--25,000
25,001--75,000
Number
Required
No requirement
1
2
75,001--150,000 3 `
Over 150,000 4
(g) , General design requirements; maintenance standards.
(1) Aisles and access drives. Off-street areas for maneuvering and
circulation shall equal the number of spaces or area required and shall be
of useable shape and surface and have convenient ingress and egress.
Aisles and access drives shall be designed so as to provide adequate
vehicular maneuvering upon the property being served and in no case
shall off-street parking areas be permitted which encourage or require the
backing onto or maneuvering within any public right-of-way, except
residential uses and in alley ways. However, residential parking areas
shall not permit backing onto arterial streets, or streets designated as
federal or state highways.
(2) Traffic circulation controls. Where raised channeling devices,
internal landscaping, and other similar geometrics are utilized, they shall
count as being of "useable shape and surface" as required in subsection
(1) above.
(3) Surfacing. Where parking and loading areas are provided for four
or more vehicles, and maneuvering extensions thereof, they shall be
improved within six months of application with any base material with
an asphaltic, bituminous, cement or other properly bound surface, so as
to be durable and dustless, and shall be graded and drained so as to
dispose of all surface water accumulation within the areas without
carrying said water accumulation over a public sidewalk. The
aforementioned surface and drainage requirements shall be reviewed and
approved by the Engineering Department.
(4) Lighting. Any lighting used to illuminate such off-street parking
and loading/unloading areas shall be so arranged as to reflect away from
any adjoining properties or uses and any public right-of-way.
(5) Traffic visibility sight triangle required. All points of ingress and
egress shall maintain sight triangles. Landscaping shall not exceed 24
inches in height above grade.
(6) Areas greater than minimum standards. When parking or
loading/unloading areas beyond the minimum standards are provided, all
other design requirements as described herein shall be observed.
(7) Maintenance. Parking lots and loading/unloading areas shall be
kept reasonably free of dirt, trash and other loose debris. These areas
shall also be reasonably well maintained and free of pot -holes and other
decay.
(8) Access design requirements. Functional classification of streets
shall be determined by the Department of Planning.
a. Entrances and exits. One-way entrances and exits shall be at least
15 feet wide. Two-way entrances and exits shall be at least 24 feet
wide for minor streets and 30 feet wide for arterial or collector
streets.
b. Curb cuts. All curb cuts shall be subject to review and approval by
the Department of Engineering and Environmental Services.
C. Minimum space sizes.
1. Employee parking: 9 x 18 ft. (Including the following uses:
lots solely for employee parking, offices, financial
institutions, personal services, restaurants, and retail trades
where bagged or bulky goods are not transferred; and other
similar uses as determined by the Zoning Administrator.)
2. Public parking: 10 x 18 ft. (Including the following uses:
supermarkets, convenience stores, take-out restaurants,
department stores, furniture outlets, and other similar uses
that transfer large or bulky items; also medical offices,
hospitals, clinics and nursing homes; and all other similar
uses as determined by the Zoning Administrator.)
3. Parking Garages: 8 ft. 8 in. x 18 ft.
4. Parallel parking: 10 x 24 ft.
5. Handicap parking: 13 x 20 ft.
6. Loading/unloading: 10 x 50 x 14 ft.
d. Screening requirements. Screening shall be provided as per section
126-72.
(h) Layout and dimensions of spaces.
(1) Parking areas. See Illustration No. 1 in the appendix at the end of this
chapter.
(2) Loading areas.
Design
Vehicle
Length in
Feet (L)
Dock
Angle (L)
Clearance
in Feet
(W)
Berth Apron Total
Width in Space in Offset in
Feet (W) Feet A Feet T
WB -40
50
900
50
10 63 113
12 56 106
14 52 102
600
44
10 46 90
12 40 84
14 35 79
50
36
10 37 73
12 32 68
14 29 65
B-50
55
900
55
10 77 132
12 72 127
14 67 122
600
48
10 55 103
12 51 99
14 46 94
450
39
10 45 84
12 40 79
14 37 76
(i) Handicap parking requirements.
(1) Parking lots in excess of 14 spaces shall provide handicap parking
at the following rate or as may be required by Kentucky Building Code
or the American Disabilities Act, whichever is more stringent:
Number of Spaces Handicap
Required Stalls
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
(2) These represent minimum requirements for all property uses;
applicants are encouraged to provide additional space if known that their
particular use dictates additional space.
0) Adjustment for mixed-use developments. The Planning Commission may
authorize an adjustment in the total parking requirement for separate uses
located on the same site or for separate uses located on adjoining sites and
served by a common parking facility. An application for such an
adjustment must include a site plan showing the location of parking and
extent of various uses, the requested reduction in the parking requirement,
and supporting data addressing why such a reduction should be permitted.
Sec. 126-76. Sign regulations.
(a) Purpose. It is the purpose of this chapter to establish regulations for the
control of signs within the zoning jurisdiction of the City of Paducah. The
intent of this chapter is to support and promote the use of signs to aid the
public in the identification of businesses and other activities, and to assist
the public in its orientation within the city. Further, it is the intent of this
chapter to protect the public from the confusion created by the
objectionable effects of advertising excesses, from the danger of unsafe
signs, and from the degradation of the aesthetic qualities of the City of
Paducah. It is also the intent of this chapter to promote and protect the
general appearance and aesthetics of the community. These regulations
thereby promote the health, safety and general welfare through a system
of reasonable, non -arbitrary and nondiscriminatory control of the
placement, character, size, height, location and illumination of signs.
(b) Definitions.
(1) Advertising sign: A sign which directs attention to a business
w product, service or activity or entertainment, sold or offered elsewhere than on
the premises where such sign is located. Such sign includes billboards and off
premises signs.
(2) Air inflated sign: A sign which maintains shape by air
pressurization.
(3) Business sign: A sign which directs attention to a business
profession, product, activity or entertainment, sold or offered upon the premises
where such sign is located.
(4) Campus sign: A sign which is located within a campus style
environment which shall consist of at least three acres of real property, which
would include a school, college, religious institution, performance hall,
convention center, or other like environment as approved by the Planning
Commission. Such signs may include electronic message signs.
(5) Directional sign: Any non-commercial sign of an instructional
nature bearing no business advertising and displayed for the convenience of the
public.
(6) Electronic message sign: A sign that changes messages not more
than once every 8 seconds, followed by 2 seconds of transition or animation.
(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.
(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 ten feet
measured at a distance of five feet to a street right-of-way line unless the sign is
attached directly to the facade of the structure and except as otherwise provided
herein.
(7) No sign shall be placed in any public right-of-way, except those signs for
public use and regulatory signs outlined in the MUTCD, except as otherwise
provided herein. The provisions of subsection 126-76(s) shall not apply to this
subsection.
(8) As to signs which are attached to buildings that are located in the B -2-T,
B-2, H-1, and H-2 Zones, such signs shall be permitted to encroach into a public
right-of-way. However, no portion of any sign and no portion of the mounting of
any mast of any sign within the public right-of-way shall be placed at an
elevation of less than eight feet above the sidewalk or above the edge of the
pavement of the roadway, whichever is higher; nor shall any portion of any such
sign, mast or mounting (in the space above eight feet) be placed nearer than two
feet from the traveled portion of the roadway or the vertical space above the
traveled portion of the roadway, as measured from the face of the curb, or if there
is no curb, from the edge of the pavement.
(9) Traffic visibility at intersections shall be preserved in accordance with
section 126-65 of the Code of Ordinances.
(10) No exterior wall signs shall be attached to or obstruct any window, door,
stairway or other opening intended for egress, ingress, ventilation and light.
(11) No sign shall be attached to any tree, fence or utility pole except by a
governmental body or agency.
(12) All signs shall be adequately maintained. Such maintenance shall include
proper alignment of structures, continued readability of the structure and
preservation of the structure with paint or other preservatives. Electronic message
signs shall be free of burned out lights or deadspots.
(13) All signs placed upon private property must have the written consent of
the owner or his agent. If the application is made by a person other than the
owner in fee, it shall be accompanied by a verified written statement by the
person making the application that the sign is authorized by the owner in fee and
that the applicant is authorized to make application.
(14) The areas of a freestanding sign shall be measured by drawing eight or
fewer straight lines encompassing the extremities of the sign within the smallest -/
possible area. The area of a freestanding sign shall not include poles, supports, or
other structures which are used solely for support and which do not contain any
advertising of any kind. Message signs are allowed as accessory signs on
freestanding signs. The area of the message sign shall be included in the total
allowable sign area. (See Illustration #1 below).
Illustration 1
(15) Interior electronic message signs that change not more than once every 30
seconds shall be permitted in the B-1, B-2, B-3, HBD, M-1 and M-2 zoning
districts. Interior electronic message signs in these zones can be no larger than
30 percent of the window.
(16) Interior electronic signs that change not more than once every 30 seconds
shall be permitted in the B -2-T and H-1 zoning districts. Interior electronic
message signs in these zones can be no larger than four square feet. Only one
such sign shall be permitted per structure.
(17) Hanging banners across or along streets and sidewalks.
a. In order to promote general events of a civic and public nature in the
Downtown Business Zone, as defined in section 74-5, any person, firm,
corporation or organization in charge of events of a civil and public nature
may hang a banner in an area designated below vertically, on cantilevered
arms, pennants, flags or banners from utility poles equipped by the city for
such purposes, to publicize an event or season or generally promoting the
community, providing the subsequent guidelines are followed.
b. Generally, it shall be unlawful for any person to suspend any banner
across or along any street, sidewalk or other public way of the city for the
purpose of advertising a person's candidacy for public office or for any
other purpose.
C. Banners for commercial advertisements reflecting price, a business, or
product promotion of goods or services are prohibited. The banners may
reflect only one theme at any given time within a district. Different
districts may have different themes at the same time.
d. Guidelines
1. Banners hanging over Broadway.
(i) Application. Applications for a permit must be submitted
to the Public Works office 30 days prior to the day the
banners are to be installed. Application may take the form
of a letter from the Chairman or Executive Director of the
sponsoring organization and must contain the name of the
person, firm, corporation or organization sponsoring the
event; the dates the banner(s) are to be installed and
remain above the street.
(ii) Material and dimensional requirements. The banner
crossing Broadway must be made of heavyweight, water-
resistant material, with air pockets cut in, and contain at
least ten, heavy duty, reinforced grommets as shown in
Figure 1 below. The banner shall measure 25 feet long and
four feet high.
Heavy Duty Reinforced Grommets
U v
Random Av Pockets
4' NAME -OF FESTIVAL -O VENT
0
25'
Figure #1
(iii) Review process. The application will be reviewed by the
Public Works Director to insure that the design, material
and colors are satisfactory.
2. Permit for Broadway pole banners.
(i) Application. Applications for a permit must be submitted to
the Public Works office 30 days prior to the day the
banners are to be installed. Application may take the form
of a letter from the chairman or executive director of the
sponsoring organization and must contain the name of the
person, firm, corporation or organization sponsoring the
event, and the dates the banner(s) are to be installed and
remain above the street.
(ii) Material and dimensional requirements. Banners must be
constructed of heavyweight, water-resistant fabric. Size of
banners are restricted to 30 inches by 80 inches in order to
fit the installed brackets. The banner shall be constructed to
fit the mounting hardware where the banner can be
mounted by slipping the banner arms through the sewn,
looped top and bottom of the banner. The loops must be
three inches in order to slip over the banner arms. Figure 2
below illustrates the proper construction and mounting. The
design shall be the same on both sides of the banner.
NAME
OP
0" FES'TIVAL
UR
EV ENT
Figure #2
(iii) Review process. The application will be reviewed by the
Public Works Director to insure that the design, material
and colors are satisfactory.
3. Permit for Jefferson Street pole banners.
(i) Application. Applications for a permit must be submitted to
the Public Works office 30 days prior to the day the
banners are to be installed. Application may take the form
of a letter from the chairman or executive director of the
sponsoring organization and must contain the name of the
person, firm, corporation or organization sponsoring the
event; the dates the banner(s) are to be installed and remain
above the street.
(ii) Material and dimensional requirements. Banners must be
constructed of heavyweight, water-resistant fabric. Size of
_.y banners are restricted to 30 inches by 60 inches in order to
fit the installed brackets. The banner shall be constructed
to fit the mounting hardware where the banner can be
mounted by slipping the banner arms through the sewn,
looped top and bottom of the banner. The loops must be
three inches in order to slip over the banner arms. Figure 3
below illustrates the proper construction and mounting.
The design shall be the same on both sides of the banner.
Figure #3
(iii) Review process. The application will be reviewed by the
Public Works Director to insure that the design, material
and colors are satisfactory.
4. Permit for Lower Town Arts District pole banners.
(i) Application. Applications for a permit must be submitted to
the Planning office at least 30 days prior to the day the
banners are to be installed. Application may take the form
of a letter from the chairman or executive director of the
sponsoring organization and must contain the name of the
person, firm, corporation or organization sponsoring the
event; and the dates the banner(s) are to be installed and
remain on the light poles.
(ii) Design, materials, and colors. Design, materials, and color
will be reviewed according to the review process as
outlined in subsection (c) below. General requirements are
as follows:
(a) The banner must be made of heavy -weight, water-
resistant fabric.
(b) Design of the banner. Sizes of banners are
restricted to 24 inches by 48 inches in order to fit
the installed brackets. The banner shall be
constructed to fit the mounting hardware where the
banner can be mounted by slipping the banner arm
through the sewn, looped top of the banner, and
connected to the bottom with a reinforced eyelet in
one of the bottom corners. The loop at the top of
the banner shall be three inches in diameter in order
to slip over the top bracket. The bottom of the
banner must have a one -half-inch dowel rod sewn
in the bottom for proper display. Figure 4 below
illustrates the proper construction and mounting. At
a minimum, the banner must contain the Lower
Town Arts District logo and/or the words Lower
Town Arts District. The banner may include
additional information such as an event, season, or
other appropriate occasion. The words and designs
can be arranged in any manner, but all words and
designs must be easily discernable. The design
shall be the same on both sides of the banner.
IY3"`t)wns�l.
4erzo in
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.
(iii) Review process. The application will be reviewed by the
Lower Town Arts District Banner Review Committee. The
committee shall make an examination to insure that the
design, material and colors specified above are met. This
committee shall consist of the Director of Planning,
Director of Public Works, and the Chairperson of the
Historic and Architectural Review Commission.
(e) Installation and removal of banners. Installation and removal of all
banners shall be done by the Public Works Department. The city reserves
the right to remove any damaged or unsightly banners, or banners that
interfere with traffic or the public right of way.
(18) Sandwich board signs.
A sandwich board is a freestanding A -Frame sign. Such signs are only
authorized in the H-1, B -2-T, and B-2 zones and as provided as follows:
(a) One sandwich board sign shall be permitted per building fagade if a
projecting sign does not protrude from the facade.
(b) Sandwich board signs shall be no taller than 36 inches from grade and
no wider than 24 inches. Such signs must be secured by a chain or
cable in order to remain standing; and shall not have moving parts or
be illuminated in any manner. Both faces of the sign must have
advertising. No blank faces are allowed.
(c) Such signs can only be placed on a sidewalk that has a minimum of
eight feet in width. In no instance can such signs occupy an area that
limits any portion of the usable sidewalk to less than five feet;
interfere with pedestrian or automobile traffic.
(d) No portion of any sandwich board sign shall be placed further than 36
inches from the face of the building.
(e) Sandwich board signs shall only advertise hours of operation, an event
or promotion, or a menu. The sign must be displayed in front of the
business for which it is advertising. No off-site advertising is
allowed.
(f) The sandwich board sign can only be displayed during business hours,
and must be removed when the business is closed. These signs shall
be removed from the public right-of-way at any time that weather
conditions render the presence of such signs a hazard (i.e. high wind
conditions, snow, ice, etc.)
(g) The sign must be constructed of weather resistant materials and shall
be maintained in good repair. Sandwich board signs shall not be
constructed of cardboard, OSB or non -marine grade plywood.
Sandwich board signs cannot be anchored to the sidewalk, attached or
chained to poles, or other structures or appurtenances. Such signs
shall be weighted.
(h) The sandwich board sign may have no protruding features attached.
Protruding features include balloons, ribbons, flags, or other similar
objects as determined by the Zoning Administrator.
(i) The City of Paducah shall be entitled to request removal or remove
any sandwich board sign in the right-of-way if the sign is considered
to be a nuisance. The City of Paducah shall not be required to follow
Section 126-76(s) when removing a sign considered a nuisance.
(j) A sign permit must be obtained from the Inspection Department
before any sandwich board sign can be placed on the public right-of-
way.
(d) Regulations for temporary signs.
(1) Temporary signs which advertise or promote a political campaign or the
expression of ideas or beliefs shall be subject to the following regulations:
a. Such signs shall be limited to 16 square feet in area per sign face with the
bottom of the sign to be no higher than two feet from ground level.
b. As to temporary signs which advertise or promote a political campaign,
only one sign per candidate may be erected on any one lot or tract of real
property or every 200 feet if the lot has over 200 lineal foot of frontage.
Such signs shall be removed within ten days following the election
event.
C. Notwithstanding the effective date of this chapter, subsection (d)(1) shall
become effective on January 1, 2003.
(2) Temporary signs which advertise the sale, lease, or development of real
property, shall be subject to the following regulations:
a. Such signs may be erected at the time of the commencement of the sale
of the real property and may be maintained for a period not to exceed ten
days after completion of the sale, at which time such signs shall be
removed.
b. Such signs shall not exceed six square feet in area per sign face,
excepting however, such signs located in a B-3, HBD, M-1, M-2, M-3,
H -M, POP, M -U with frontage over 200 feet shall not exceed 32 square
feet in area per sign face.
C. No more than one sign shall be permitted for each 200 feet the lot or tract
upon which the sign is to be located abuts upon a public right-of-way.
d. Such signs may be located within seven feet of a street right-of-way line.
(3) Temporary signs which advertise construction services and services
related thereto shall be subject to the following regulations.
a. Such signs shall not exceed 16 square feet in area per sign face.
b. Such signs shall be erected no more than 30 days prior to the beginning
of construction.
C. Such signs shall be removed within ten days after completion of
construction.
d. Such signs may be located within seven feet of a street right-of-way line.
(4) Temporary signs which advertise or promote business events, special
sales, "under new management", "going out of business", "grand opening" and
similar announcements shall be subject to the following regulations:
a. Such signs may consist of wall signs, banners, and other similar signs,
which are approved by the Zoning Administrator as being in compliance
with the intent and provisions of this chapter.
b. Such signs shall not exceed 32 square feet in area per sign face.
C. Each property or tenant shall be limited to two such signs. Such signs
shall be located on the site being advertised.
d. Such signs shall not be erected for a period of more than 30 days.
(5) Temporary signs which advertise or promote general events shall also be
in compliance with section 98-5 of the Code of Ordinances.
(6) Temporary signs which advertise or promote circuses or carnivals or
other special events shall not exceed 100 square feet and shall be erected within
20 days of the event and removed within 10 days following the event, and shall
otherwise comply with the provisions of section 78-5 of the Code of 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 square feet per sign face. Such signs may be
located within seven feet of a street right-of-way line.
(e) Signs permitted in all zones and districts. Except where such signs may violate
some other section of this chapter or any other applicable provision of the Code
of Ordinances of the city, the following signs shall be permitted in all zones.
(1) Signs located wholly within a building or structure. Flashing, blinking,
moving, rotating or flapping signs shall not be visible from the public right-of-
way except as provided for in sections 126-76(c)(15) and 126-76(c)(16).
(2) Window Signs. Such signs shall not obstruct more than 30 percentage of
any window opening.
(3) Signs affixed to a properly licensed motor vehicle operating upon public
thoroughfares: provided such vehicles are not used or intended for use as a
portable sign.
(4) Dangerous dog signs as required under section 14-40 of the Code of
Ordinances, provided such signs shall not exceed 18 X 24 inches.
(5) Any sign erected by any governmental body or agency.
(6) One sign not over one square feet in area identifying home occupations
which are permitted as a conditional use on the premises. The sign location shall
be subject to control by the Board of Adjustment. Lighted signs are prohibited.
(7) Temporary signs.
(f) Signs prohibited in all zones and districts. The following signs are prohibited
in all zones and districts.
(1) Flashing, blinking, moving, rotating or flapping signs except as provided
herein.
(2) Roof signs.
(3) Mobile signs.
(4) Advertising signs that exceed the dimensions of six square feet in area per
sign face, except for replacement advertising signs which are permitted pursuant
to subsection (r).
(5) Air inflated sign.
(6) Streamers.
(g) Signs authorized for R-1, R-2, R-3, NSZ and R-4 Zones. No signs shall be
permitted in the R-1, R-2, R-3 and NSZ zones in the city except as provided in
subsection (e) above, (7) below and as provided as follows:
(1) Signs with nameplates affixed to the exterior wall of a structure and not
exceeding 18 inches by 24 inches in area shall be permitted for each single
family dwelling unit. Such nameplates shall indicate nothing other than the name
of the premises, and/or the name and/or address of the occupants. Such signs
may only be illuminated indirectly.
(2) A sign identifying the name of subdivisions and public or private schools
shall be permitted provided such signs do not exceed 48 square feet in area per
sign face. Such signs may include an attached or freestanding announcement
sign. Subdivision signs may only be illuminated indirectly. Public or private
school signs may be lighted. Non-commercial public or private schools may have
an electronic message sign. Such signs shall not be erected closer than ten feet to
any property line unless attached to a building and shall not exceed eight feet in
height.
(3) Gh-ufe bBulletin boards shall be permitted atm places of worship
provided such identification signs or bulletin boards do not exceed 48 square feet
�a 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) Freestanding business signs advertising the business uses in the R-4 zone
shall be permitted per lot provided the sign is no larger than 12 square feet in area
per sign face and be no taller than ten feet. Such signs may only be illuminated
indirectly.
a. Only one freestanding business sign shall be permitted on any lot.
b. Wall signs shall be permitted for each tenant or lessee. The area of the wall
signs shall not exceed 20 percent of square footage of face of building,
structure or face of tenant or lessee space. Lighted signs are permitted. Wall
signs shall not be located on any portion of the roof that encloses any
building.
(6) Private directional signs indicating entrance, exit, or location of parking
shall be permitted in the R-4 zone. Such signs shall not exceed four square feet
in surface area for each sign and the height must not be more than 30 inches
from the street level. These signs must be placed on private property and not on
public right-of-way.
(7) One fagade sign shall be permitted on any lot in the NSZ. Such signs shall
only be approved for Conditional Permitted Uses. Such sign shall be permitted
provided the sign is no larger than 8 square feet in area per sign face. Such signs
may only be illuminated indirectly.
(h) Signs authorized for B -2-T zone. No signs shall be permitted in the B -2-T zone
in the city except as provided in subsections (e) and as provided as follows:
(1) Wall signs. One wall sign per building facade shall be permitted provided
that such signs shall be constructed so that each letter thereon runs parallel to the
street upon which such business abuts, shall be affixed to the exterior wall of the
building, and shall not protrude from that wall a distance of more than 18 inches.
Wall signs shall be 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) Projecting signs. One projecting sign per building facade on street
frontage shall be permitted provided that such sign may project from a building
no more than four feet horizontally and have a maximum area of six square feet.
a. The projecting sign shall start no more than six inches from the exterior
wall of the building.
b. A projecting sign shall be mounted by a metal bracket projecting from the
wall of the building.
C. Projecting signs shall be located within two feet of the centerline of the
building.
d. Projecting signs maybe indirectly illuminated.
e. Projecting signs 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.
(i) Signs authorized for H-1 zone. No signs shall be permitted in the H-1 zone in
the city except as provided in subsections (e) and (g) and as provided as follows:
(1) Signs shall be permitted provided such signs are constructed so that each
letter thereof runs parallel to the street upon which such business abuts, shall be
affixed to the exterior wall of the building, and shall not protrude from that wall
a distance of more than 18 inches. Such signs may only be illuminated indirectly.
(2) A projecting sign shall be permitted provided that such sign is attached
directly to the wall of a building and extends in a perpendicular direction outward
no more than three feet from the face of the building. The longest dimension of
any sign shall not exceed three feet. The face of any sign shall not exceed six
square feet with a two -face maximum. One sign per building facade is permitted.
Such signs may only be illuminated indirectly.
(3) All signs in the H-1 zone shall be subject to the requirements of
subsections 126-115(c) and (g) of the Code of Ordinances.
(4) Theaters in the H-1 zone may erect lighted poster cases designed as
follows:
a. A frame made of wood to hold poster type advertisement that shall not
exceed 12 square feet. The poster shall fit perfectly inside the frame
leaving no exposed edges. A shatterproof plexiglas cover shall be used to
protect the advertisement.
b. Lighting shall be inside the case hidden from view and projected toward
the poster sign. In no instance shall the sign be illuminated from behind.
C. No more than four of these lighted poster cases shall be erected on any
side of a building. All poster case signs shall be subject to the
requirements of subsections 126-115(c) and (g) of the Code of
Ordinances.
(j) Signs authorized for H-2 zone. No signs shall be permitted in the H-2 zone in
the city except as provided in subsections (e) and (g) and as provided as follows: -
(1) Signs shall be permitted provided the sign is no larger than 12 square feet
in area per sign face.
(2) Such signs may only be illuminated indirectly. No sign shall be
illuminated to an intensity of more than 90 foot candles when measured at eight
feet and shall not be closer than ten feet to any property line unless attached to a
building or structure.
(k) Signs authorized for B-1, B-2, B-3, M-1, M-2, M-3 and HBD zones. No signs
shall be permitted in the B-1, B-2, B-3, M-1, M-2, M-3, and HBD zones in the
city except as provided in subsections (e) and (g) and as provided as follows:
(1) Flag signs attached to a permanent pole shall be permitted. Such signs
shall not exceed 12 square feet in area per sign face. One flag sign is permitted
per permanent pole. The maximum height of a flag sign shall not exceed a height
of 40 feet from the adjacent grade.
(2) Private directional signs indicating entrance, exit, or location of parking
shall be permitted provided such signs do not exceed 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 freestanding business sign shall be permitted on any lot,
provided, however, one additional sign shall be permitted for each additional 300
feet of frontage. One additional freestanding business sign shall be permitted if
the business is located at the intersection of two streets. The size of the sign shall
not exceed 1.5 square foot per lineal foot of street frontage subject to a maximum
size of 200 square feet in area per sign face. The outer edge of the sign shall be
set back at least seven feet from the side lot line. All permitted freestanding signs
shall not exceed a height of 40 feet from adjacent grade, except as may be
otherwise authorized in the following subsection. Lighted signs are permitted.
(4) Property zoned B-1, B-3, HBD, M-1, M-2, or M-3 and within 2,000 feet
of the centerline of I-24 shall have the right to construct one freestanding 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 8 seconds of static image, followed by 2 seconds of transition or
animation shall be permitted in the B-1, B-3, HBD, M-1, M-2, and M-3 zones.
a. Electronic message signs must have controls in place to prevent flashing
when a malfunction or power loss occurs.
b. Electronic message signs must contain brightness controls that adjust to the
ambient light where the sign is easily readable during daytime hours, but
not overbearing at night.
(6) Wall signs shall be permitted for each tenant or lessee. The area of wall signs
shall not exceed 20 percent of square footage of face of building, structure or face of
tenant or lessee space. Lighted signs are permitted. Wall signs shall not be located on
any portion of the roof that encloses any building
(7) No flat wall signs shall project above the roof or parapet line.
Illustration #2
(1) Signs authorized for POP Zone. No signs shall be permitted in the POP Zone of
the city except as provided in subsections (e) and (g) and as provided as follows:
(1) Every lot or tract shall be restricted to one freestanding business sign.
(2) Freestanding 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
freestanding business sign. Such signs shall not exceed the height of the roof line
of the principal structure. Such sign shall not exceed 40 feet in height and shall
not exceed 200 square feet in area per sign face.
(4) All freestanding business signs shall have a minimum setback of 20 feet
from the street.
(5) Lighted signs shall be permitted. However, all sign lighting shall be only
of a type, intensity and direction only necessary to light the sign.
(6) One sign shall be permitted to be attached to the front of a principal
building. However, such sign shall not exceed five percent of the total above -
grade elevation building face.
(7) Private directional signs indicating entrance, exit, or location of parking
shall be permitted in the POP zone. Such signs shall not exceed four square feet
in surface area for each sign and the height must not be more than 30 inches from
the street level. These signs must be placed on private property and not on public
right-of-way.
(m) Signs authorized for MU Zone. No sign shall be permitted in the MU Zone
except as provided in subsections (e) and (g) and as provided as follows:
(1) Private directional signs indicating entrance, exit, or location of parking
shall be permitted provided such signs do not exceed four square feet in surface
area for each sign. The height of such signs shall not be more than 30 inches
from the street level. These signs may only be placed on private property and not
on public right-of-way. Such signs may only be illuminated indirectly.
(2) All signs in the MU district shall receive approval by the Planning
Commission in accordance with the development plan procedure set forth in
section 126-176 of the Code of Ordinances.
(n) Signs authorized for HM Zone. No sign shall be permitted in the HM Zone
except as provided in subsections (e) and (g) and as provided as follows:
(1) Business signs shall be permitted provided that such signs do not exceed
25 feet in height.
(2) Noncommercial signs utilizing directional and informational wording and
graphics relating to the location of a principal permitted use shall be permitted.
Lighted signs are permitted.
(o) Signs authorized for NCCZ. No sign shall be permitted in NCCZ except as
provided in subsections (e) and (g) and as provided as follows:
(1) Only one freestanding monument sign shall be permitted on any lot in the
NCCZ zone. Such sign shall be permitted provided the sign is no larger than 16
square feet in area per sign face and be no taller than six feet. Such sign may only
be illuminated indirectly.
(2) One fagade sign shall be permitted per tenant in the NCCZ zone. Such
sign shall be -permitted provided the sign is no larger than 20 square feet in area
per sign face. Such sign may only be illuminated indirectly.
(3) Private directional signs indicating entrance, exit, or location of parking
shall be permitted in the NCCZ zone. Such signs shall not exceed 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.
(p) Application Fees and Penalties
(1) No sign, except as specifically exempted herein, shall be displayed,
erected, relocated or altered until a permit has been issued by the Department of
Inspection. An application for a permit shall include, but shall not be limited to
the following:
a. A completed application form.
b. A site plan and/or building elevations drawn to scale showing the locations of
the proposed sign(s) on the lot and/or building, including setbacks.
c. Detailed sign information including type of construction, method of
illumination, dimensions, methods of mounting and/or erecting and other
similar information.
d. Engineering design on footing and structure for signs exceeding 40 feet in
height.
(2) The foregoing provisions shall not apply to any temporary sign or to any
other sign which exists prior to the effective date of this chapter.
(q) Permitted nonconforming signs.
(1) Signs are permitted only in those zoning districts where they are
designated as permitted under this chapter or where specifically permitted under
other sections of the Code of Ordinances, except as otherwise provided herein.
(2) Any sign legally existing on the effective date of this chapter which is not
in conformance with the provisions of this chapter, or any subsequent
amendment thereto, shall be considered a nonconforming sign. Such sign shall be
authorized to remain in existence subject to the conditions as herein set forth.
(3) A sign which does not comply with the requirements of this chapter may
be maintained, repaired, altered or moved, provided that every portion of the sign
so enlarged or moved shall be made to conform to all the regulations of the zone
in which the structure is located.
(4) No nonconforming sign shall become a nuisance as defined under
subsection (s).
(5) Temporary signs existing at the date of the adoption of this chapter shall
be removed within 90 days of the adoption of this chapter.
(6) In the event a nonconforming sign is damaged to such extent that the cost
of repairs exceeds 50 percent of the replacement value of the sign as determined
by the city's Inspection Department, the authorization as provided herein shall be
terminated, at which time such sign shall be deemed in nonconformance with the
provisions of this chapter, and as such, shall constitute a nuisance.
(r) Replacement advertising signs.
(1) In the event the owner of an advertising sign which is permitted pursuant
to subsection (q) desires to remove the advertising sign and construct another
advertising sign at the same location or at another location or in the event the
owner of an advertising sign desires to reconstruct an advertising sign which has
been damaged to such extent that the cost of repairs exceeds 50 percent of the
replacement value, the owner may apply for a permit for a replacement
advertising sign under subsection (o). A permit for a replacement advertising sign
may be issued by the Department of Inspection only upon the satisfaction of the
following conditions:
a. The replacement advertising sign plus all other advertising signs owned
by the owner do not exceed the number of advertising signs that the
owner owned at the effective date of this section.
b. The replacement advertising sign shall not exceed the face area and
number of faces of the replaced advertising sign.
C. The owner has filed an application for permit for a replacement sign
within a period of one year following the removal of the advertising sign
to be replaced.
d. The owner submits reasonable proof of existence of the original
advertising sign as of the effective date of this section.
e. The replacement advertising sign shall comply with the other
requirements as set forth in this section.
(2) All replacement advertising signs shall be subject to the following
requirements:
a. The maximum area of the face of any replacement advertising sign shall
be 400 square feet with maximum length of 55 feet, inclusive of any
border and trim, but excluding the base supports, or other structural
members; provided, however, that the foregoing restriction shall not apply
to any sign located within 850 feet of an interstate highway, in which case
the maximum area of the face of any sign shall not exceed 700 square feet
inclusive of border and trim. In the case of two signs erected on one
structure, such as back-to-back signs or V -type signs, each sign face shall
conform to these restrictions.
b. No two advertising signs shall be less than 1,000 feet apart unless the
replacement advertising sign is being placed in the same location as the
sign being replaced. Back-to-back signs and V -type signs erected on one
structure shall be considered one sign.
C. No replacement advertising sign shall exceed a height restriction of 40
feet measured from the ground at the base of the sign supports to the top
of the sign or from the grade of the thoroughfare immediately adjacent to
the sign, whichever is of greater height.
d. External lighting, such as floodlights and thin line and gooseneck
reflectors, is permitted provided that the light source is directed on the
face of the sign and is effectively shielded so as to prevent beams or rays
of light from being directed into any portion of a traveled way.
e. Replacement advertising signs shall only be permitted in the zone where
the replaced advertising sign is located or in a less restrictive zone
classification, and in no event shall any replacement sign be located in a
zone classification other than M-3, M-2, M-1, B-3 or HBD or as unless
otherwise prohibited herein.
f. Replacement advertising signs shall not be permitted in the following
areas:
1. In the Central Business District. For the purposes of this section,
the Central Business District is defined as an area located between
the centerlines of Kentucky Avenue and Park Avenue and 28th
Street and the Ohio River. Park Avenue and Kentucky Avenue
shall be extended to create a polygon.
2. Within 500 feet of the centerline of U.S. 62/Alben Barkley Drive
from the intersection of U.S. 62 and Olivet Church Road to the
intersection of U.S. 62 and U.S. 45.
g. No replacement advertising signs shall be constructed within an area of
300 feet from a ehu-Fe place of worship or residence. Measurements shall
be made from the outermost portion of the advertising sign and the chure
place of worship 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.
f. An electronic message sign which fails to meet the requirements 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
d. Advise the party(ies) that they have three days to abate the nuisance by
removal or repair, as the case may be, or to make a written demand for a
hearing before the Board of Adjustment, or else the nuisance will be
removed and abated by the city, at the owner's costs.
(3) The notice shall be sent by registered mail, return receipt requested, to the
last known address of the owner of the property whereon the nuisance is located,
as it appears on the current tax assessment roll. Where the owner of the property
is not the occupant thereof, such notice shall also be mailed to the occupant. The
notice shall also be sent to the owner of the sign if the owner of the sign is not the
owner or occupant of the property. If the owner's address is not known or cannot
be readily ascertained, the notice to him to abate may be given by attaching such
notice to the sign. If the latter method of service is used, the enforcement officer
shall make an affidavit attesting to such facts.
(4) In the event the owner, occupant, and owner of the sign fail to abate such
public nuisance within the time as set forth above following receipt of notice, the
enforcement officer is hereby authorized, empowered and directed to remove
same and dispose of it.
(5) Any interested party may appeal the decision of the enforcement officer
by appealing to the Board of Adjustment in accordance with section 126-175. If
an appeal is taken within the three-day period, the determination of the
enforcement officer is stayed pending the proceedings before the Board of
Adjustment. If no appeal is taken within this time period, the enforcement officer
shall have the right to cause the sign to be removed and disposed of in any
manner as he may provide.
(6) The cost of the removal and disposal shall be accounted for by the
enforcement officer. The owner and occupant of the property upon which the
sign is located and the owner of the sign shall be jointly and severally liable for
reimbursement of such cost. In the event the full amount due the city for such
service is not paid by such persons within 30 days after the disposal of the
nuisance, then and in that case, the enforcement officer shall cause to be recorded
in the McCracken County Court Clerk's office 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.
Sec. 126-78. Adult entertainment activities.
(a) Intent and purpose.
(1) In order to prevent crime, protect the city's retail trade, and
maintain property values, and generally to protect and preserve the quality
of its neighborhoods, commercial districts and the quality of urban life,
this section regulates the location of adult establishments by dispersing
them throughout the city. In the development and execution of this
section, it is recognized that there are some uses which, because of their
very nature, are recognized as having serious objectionable operational
characteristics, particularly when several of them are concentrated under
certain circumstances thereby having a deleterious effect upon the use and
enjoyment of adjacent areas.
(2) Special regulation of these uses is necessary to insure that these
adverse effects will not contribute to the blighting or downgrading of the
surrounding neighborhood. These special regulations are itemized in this
section. The primary control or regulation is for the purpose of preventing
a concentration of these uses in any one area. Uses subject to these
controls are the following.
(b) Specified use list.
(1) Adult amusement arcade.
(2) Adult book store.
(3) Adult motion picture theater.
(4) Adult stage show theater.
(5) Adult video cassette rental center.
(6) Cabaret.
(7) Commercial sexual entertainment center.
(8) Massage parlor.
(c) Definitions. For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
Adult amusement arcade. An establishment having as one of its principal uses
one or more of the following: customer -operated motion picture devices, peep shows, viewing
area and/or similar devices, for display of material distinguished or characterized by an
emphasis on depiction of sexual activities, as hereinafter defined, or which offer persons who
expose to view of the customers the bare female breast below a point immediately above the top
of the areola, human genitals, pubic region or buttocks, even if partially or completely covered
by translucent material, or human or simulated male genitals in a discernible turgid state, even if
completely or opaquely covered.
Adult book store. An establishment having as one of its principal uses the sale,
rent or display of pictures, books, periodicals, magazines, appliances and similar materials
which are distinguished or characterized by their emphasis on depiction of sexual activities as
hereinafter defined, or an establishment with a substantial segment or section devoted to the
sale, rental or display of such material.
Adult entertainment center. Any use or building or portion thereof which
contains or is used for commercial entertainment where the patron directly or indirectly is
charged a fee to engage in personal contact with or to allow personal contact by employees,
devices or equipment or by personnel provided by the establishment or view a series of dance
routines, strip performances or other choreography provided by the establishment which appeals
to the prurient interest of the patron, to include but not be limited to bath houses, massage
parlors and related or similar activities. Any permitted, conditionally permitted or accessory uses
allowed within any zone shall not be interpreted to include "adult entertainment center."
Adult motion picture theater. An establishment having or advertising as having as
one of its principal uses the presentation of motion pictures, slide projections and other similar
material having as a dominant theme or characterized or distinguished by an emphasis on matter
depicting, describing or relating to sexual activities, as hereinafter defined, for observation by
persons therein.
Adult stage show theater. An establishment having or advertising as having as
one of its principal uses the presentation of live performances of humans or animals having as a
dominant theme or characterized or distinguished by an emphasis on matter depicting,
describing or relating to sexual activities, as hereinafter defined, for observation by persons
therein.
Adult video cassette rental center. A commercial establishment which has as one
of its principal uses the rental or sale of video cassettes, or other forms of media, which depict
material characterized or distinguished by an emphasis on matter depicting, describing or
relating to sexual activities, as hereinafter defined, and which does not provide an on -premises
showing of such material.
Cabaret. An establishment which features, as a principal use of its business,
entertainers and/or waiters and/or bartenders, male or female impersonators and/or other
persons, either male or female, who expose to public view of the patron of said establishment at
any time the bare female breast below a point immediately above the top of the areola, human
genitals, pubic region or buttocks, even if partially or completely covered by translucent
material, and/or human or simulated male genitals in a discernible turgid state, even if
completely and opaquely covered.
Commercial sexual entertainment center. Any other commercial establishment
not otherwise described herein which make available material, services or entertainment
appealing to adult sexual interests, including but not limited to bath houses, swingers clubs or
similar establishments, services or goods that are advertised by or on behalf of the establishment
in a manner patently designed to appeal to such adult sexual interests.
Massage parlor. An establishment for treating the human body by rubbing,
stroking, kneading, tapping or similar treatment with the hand which and promotes its service in
a manner designed to appeal to the patron's sexual interest.
Measurement. Measurement shall be made by measuring the shortest distance
between boundaries. Measurements shall be made on a horizontal plane.
Principal use. Shall mean a significant portion of the use. The following criteria
shall establish principal use:
(1) Contains ten percent of its stock in trade in material or uses as described
herein.
(2) Contains ten percent of its useful occupied floor area to materials and
uses as described herein.
(3) Contains more than 100 square feet of occupied floor space for the
display, sale, or storage of materials or uses as described herein.
(4) Exterior signs or advertising that premises as a business for materials or
activities as described herein.
Sexual activities. Depiction of human genitals in a state of arousal, acts of human
masturbation, sexual intercourse or sodomy, bestiality, or holding or other erotic touching of
human genitals, pubic region, buttocks or breasts.
(d) Location requirements.
(1) The above specified uses list shall only be permitted in the M-1
Light Industrial Zone. The provisions of sections 126-111(1)a. and 126-
112(1)a., do not apply to this section.
(2) New establishments may not locate within 1,000 feet of any other
lawfully operating adult entertainment establishment. Measurements shall
be made as described in subsection (c) of this section.
nature.
Sec. 126-102. Low Density Residential Zone, R-1.
The purpose of this zone is to provide for residential development of an open
(1) Principal permitted uses. The following uses are permitted in an R-1
zone:
a. Single-family dwellings;
b. Two-family dwellings and town houses with no more than two attached
units per town house;
C. Park, playground or community center owned and operated by a
governmental agency.
(2) Single-family dwellings.
a. Minimum ground floor area. No building shall be erected for residential
purposes having a ground floor area of less than 1,200 square feet,
exclusive of porches, breezeways, terraces, garages and exterior and
secondary stairways.
b. Minimum yard requirements.
1. Front yard: 40 feet.
2. Side yard, each side: Eight feet.
3. Rear yard: 25 feet.
4. Lots abutting two streets shall comply with the front -yard setback
provisions along the street upon which the building on the corner
lot fronts. A 15 -foot reduction in the front -yard provisions is
allowed on the side yard facing the secondary street, provided
such reduction does not result in a side yard of less than 25 feet.
C. Minimum area requirements.
1. Minimum lot area: 12,000 square feet.
2. Minimum lot width: 75 feet.
d. Maximum building height: 35 feet.
e. Accessory buildings. No accessory building shall be erected within eight
feet of any side lot line, and no separate accessory building shall be
erected within five feet of any other building or structure. Rear setbacks
do not apply to accessory buildings. However, no accessory building or
structure shall be allowed in a front yard.
(3) The above specified uses list shall not be operated or maintained
within 400 feet of a residentially zoned district, and/or within 400 feet of
a houseplace of worship, a state licensed day care facility, a school or a
public park. Measurements shall be made as described in subsection (c)
of this section.
(4) New establishments may not locate to a site if 50 percent or more
of the tracts, or land area, within a circular area, as described herein, are
residential in character. Vacant lots suitable for residential character,
shall be considered residential in character. The radius of such circular
area shall be 1,000 feet. The center of such circular area shall correspond
to the midpoint of a line joining the two most distant points on the
boundary of the tract on which the enterprise is located.
(e)
Nonconforming uses. Nonconforming uses shall be governed by section
126-63.
(f)
Screening requirements. Adult entertainment establishments as listed in
subsection (b) of this section shall screen all adjacent property owners.
The street side may not be exempted. The screening height shall be a
minimum of six feet, and shall be at least 80 percent opaque. Screening
materials: The approved screen shall consist of wooden fences and
landscape materials. The use of chain-link and barbed wire is not a
suitable screen.
(g)
Sign requirements. Adult entertainment establishments as listed in
subsection (b) of this section shall be allowed a cumulative of 50 square
feet of sign space as described in subsection 126-46(b). Sign heights shall
not exceed 25 feet. Nothing herein shall exempt compliance with other
city sign code requirements. The provisions of subsection 126-76(i) do
not apply to this section.
(h)
Reserved.
nature.
Sec. 126-102. Low Density Residential Zone, R-1.
The purpose of this zone is to provide for residential development of an open
(1) Principal permitted uses. The following uses are permitted in an R-1
zone:
a. Single-family dwellings;
b. Two-family dwellings and town houses with no more than two attached
units per town house;
C. Park, playground or community center owned and operated by a
governmental agency.
(2) Single-family dwellings.
a. Minimum ground floor area. No building shall be erected for residential
purposes having a ground floor area of less than 1,200 square feet,
exclusive of porches, breezeways, terraces, garages and exterior and
secondary stairways.
b. Minimum yard requirements.
1. Front yard: 40 feet.
2. Side yard, each side: Eight feet.
3. Rear yard: 25 feet.
4. Lots abutting two streets shall comply with the front -yard setback
provisions along the street upon which the building on the corner
lot fronts. A 15 -foot reduction in the front -yard provisions is
allowed on the side yard facing the secondary street, provided
such reduction does not result in a side yard of less than 25 feet.
C. Minimum area requirements.
1. Minimum lot area: 12,000 square feet.
2. Minimum lot width: 75 feet.
d. Maximum building height: 35 feet.
e. Accessory buildings. No accessory building shall be erected within eight
feet of any side lot line, and no separate accessory building shall be
erected within five feet of any other building or structure. Rear setbacks
do not apply to accessory buildings. However, no accessory building or
structure shall be allowed in a front yard.
f. Parking shall be per section 126-71(d), (g)(3). Additionally, there shall
be no more than four vehicles parked in any front yard. And:
1. All parking shall be minimally semi -improved to a dense grade
aggregate surface.
2. All trailers, campers, motorhomes and boats shall not be allowed in
any front yard. Such trailers and vehicles which do not exceed
dimensions of eight feet by 24 feet may be stored in the rear or side
yard of any lot. Such trailers and vehicles which do exceed
dimensions of eight feet by 24 feet may be stored in the rear or side
yard of any lot; provided side yard requirements are maintained
and that the trailer or vehicles are not used as a dwelling.
3. Commercial vehicles, equipment, and trucks with axle weights
greater than one ton, and/or heights greater than eight feet and/or
lengths greater than 30 feet shall not be parked in an R-1 zone.
Commercial passenger cars and light duty trucks otherwise
complying from the requirements of this section are exempt from
this requirement.
(3) Two-family dwellings and town houses with no more than two attached
units per town house.
a. Minimum yard requirements.
1. Front yard: 40 feet.
2. Side yard: Eight feet.
3. Rear yard: 25 feet.
b. Minimum area requirements.
1. Minimum lot area per unit: 7,000 square feet.
2. Minimum lot width: 75 feet (per structure).
C. Maximum building height: 35 feet.
d. Accessory buildings. Same as subsection (2)e.
e. Parking shall be per section 126-102(2)f.
(4) Conditionally permitted uses.
a. Multi -family dwellings;
b. Day-care nurseries;
C. Home occupations;
d. Town houses with more than two attached units.
e. Places of Worship
(5) Multi -family dwellings (conditionally permitted use, only).
a. Minimum yard requirements.
1. Front yard: 40 feet.
2. Side yard, each side: Eight feet.
3. Rear yard: 25 feet.
b. Minimum lot area requirements.
1. Minimum lot area per unit: 5,000 square feet; four or more units,
4,000 square feet.
2. Minimum lot width: 75 feet.
C. Maximum building height. None.
d. Accessory buildings. See subsection (2)e.
(6) Day-care nurseries.
a. Minimum lot area: 100 square feet per child.
b. Minimum yard requirements: The requirements of the zone apply to the
project where located.
C. A four -foot wire mesh fence, or other appropriate fence as may be
required by the�Board of Adjustment shall enclose the entire play area.
d. Parking requirements. See section 126-71.
See. 126-103. Low and Medium Density Residential Zone, R-2.
(1) Principal permitted uses. The following uses are permitted in the R-2
zone:
a. Single-family dwellings.
b. Two-family dwellings and town houses with no more than two attached
units per town house.
C. Park, playground or community center owned and operated by a
governmental agency.
(2) Conditionally permitted uses. The following uses are special exceptions
and require written approval of the Board of Adjustment:
a.
Day-care nurseries;
b.
Home occupations;
c.
Multi -family dwellings;
d.
Bed and breakfast;
e.
Places of Worship.
(3)
Single-family dwellings.
a.
Minimum ground floor area. No building shall be erected for residential
purposes having a ground floor area of less than 1,000 square feet,
exclusive of porches, breezeways, terraces, garages and exterior and
secondary stairways.
b.
Minimum yard requirements.
1. Front yard: 25 feet.
2. Side yard, each side: Six feet.
3. Rear yard: 25 feet.
C.
Minimum lot area requirements.
1. Minimum lot area: 10,000 square feet.
2. Minimum width: 60 feet.
d.
Maximum building height: 35 feet.
e.
Accessory buildings. No accessory building shall be erected within six
feet of any side lot line, and no separate accessory building shall be
erected within five feet of any other building or structure. Rear setbacks
do not apply to accessory buildings. However, no accessory building or
structure shall be allowed in a front yard.
f.
Parking shall be per section 126-102(2)f.
(4)
Two-family dwellings.
a.
Minimum yard requirements.
1. Front yard: 25 feet.
2. Side yard, each side: Six feet.
3. Rear yard: 25 feet.
b.
Minimum area requirements.
1. Minimum lot area: 6,000 square feet per unit.
2. Minimum width: 60 feet (per structure).
C.
Maximum building height: 36 feet.
d.
Accessory buildings. Same as subsection (3)e.
e.
Parking shall be per section 1.26-102(2)f.
(5)
Multi -family dwellings.
a.
Minimum yard requirements.
1. Front yard: 25 feet.
2. Side yard: Six feet.
3. Rear yard: 25 feet.
b.
Minimum area requirements.
1. Minimum lot area per unit: three or more units, 4,000 square feet.
2. Minimum lot width: 75 feet.
C.
Maximum building height. None.
d.
Accessory buildings. Same as subsection (3)e.
e.
Parking requirements. Same as section 126-102(2)f.
Sec. 126-104. Medium Density Residential Zone, R-3.
(1) Principal permitted uses.
a. Single-family dwellings.
b. Two-family dwellings and town houses with no more than two
attached units per town house.
C. Park, playground or community center owned and operated by a
governmental agency.
(2) Conditionally permitted uses. The following uses are special exceptions
and require written approval of the Board of Adjustment:
a. Home occupations;
b. Day-care nurseries;
c. Mobile home parks;
d. Multi -family dwellings;
e. Assisted care dwellings;
f. Bed and breakfasts;
g. Places of worship.
(3) Single-family dwellings.
a. Minimum ground floor area: No building shall be erected for residential
purposes having a ground floor area of less than 850 square feet,
exclusive of porches, breezeways, terraces, garages, and exterior and
secondary stairways.
b. Minimum yard requirements.
1. Front yard: 25 feet.
2. Side yard: Six feet.
3. Rear yard: 25 feet.
C. Minimum lot area requirements.
1. Minimum lot area: 8,000 square feet.
2. Minimum width: 50 feet.
d. Maximum building height: 35 feet.
e. Accessory buildings. Same as section 126-103(3)e.
f. Parking shall be per section 126-102(2)f.
(4) Two-family dwellings.
a. Minimum yard requirements.
1. Front yard: 25 feet.
2. Side yard: Six feet.
3. Rear yard: 25 feet.
b. Minimum area requirements.
1. Minimum lot area: 4,000 square feet.
2. Minimum width: 50 feet.
C. Maximum building height: 35 feet.
d. Accessory building. Same as section 126-103(3)e.
e. Parking shall be per section 126-102(2)f.
(5) Multi -family dwellings and town houses.
a. Minimum yard requirements.
1. Front yard: 25 feet.
2. Side yard: Six feet.
3. Rear yard: 25 feet.
b. Minimum area requirements.
1. Minimum lot area, per unit, for three or more: 3,000 square feet.
2. Minimum lot width: 75 feet.
C. Maximum building height. None.
d. Accessory buildings. Same as section 126-103(3)e.
e. Parking requirements. See section 126-102(2)f.
(6) Public parking areas.
a. A public parking area is permitted where the area abuts a business or
industrial zone, provided the Commission finds the public parking area
not to be detrimental to the adjoining residential area.
b. The public parking area shall be developed as required by sections 126-
61 through 126-76.
C. Provisions for a public parking area shall adhere to the setback
requirements as listed in the zone in which it is to be located, however,
no setback is required along a rear property line where the residential
zone and the business or industrial zone join.
d. Screening requirements for a public parking area shall be the same as
section 126-72.
e. The Commission shall require a landscape plan that includes provisions
that at least ten percent of the entire site shall be landscaped. Parking lot
lighting may be approved provided that pole heights do not exceed 14
feet; lighting be directed inward to the property; and that no off -target `
lighting be allowed.
Sec. 126-105. High Density Residential Zone, R-4.
The purpose of this zone is to provide an area that will combine compatible
residential and business uses in such a manner that it will buffer low density residential property
from high density and commercial uses.
(1) Principal permitted uses.
a. Any use permitted in the R-3 zone;
b. Multi -family dwellings;
C. Nursing homes;
d.
Professional office buildings (yard requirements for office buildings
shall be the same as the B-1 zone requirements);
e.
Day-care nurseries;
f.
Cemeteries;
g.
Bed and breakfast;
h.
Places of worship.
i.
Any other use not listed which, in the Commission's opinion, would be
compatible with the above uses in the R-4 zone.
(2)
Conditionally permitted uses.
a.
List of uses.
1. Commercial greenhouses;
2. Funeral homes;
3. Home occupations;
4. Hotels or motels;
5. Beauty shops and barbershops;
6. Mobile home parks.
b.
Board of Adjustment approval. The conditionally permitted uses listed .
above shall be considered as business uses and shall meet the requirements
of the B-1 zone. All plans will be submitted to the Planning Commission
prior to Board approval and the Commission shall require such conditions
as are necessary to maintain the character of this zone. The Board may
grant dimensional variances to businesses when lot requirements cannot be
met.
(3)
Single- and two-family dwellings. Single-family dwellings and two-family
dwellings shall comply with the requirements of the R-3 zone.
(4)
Multi -family dwellings and town houses.
a.
Minimum yard requirements.
1. Front yard: 25 feet.
2. Side yard, each side: Six feet.
3. Rear yard: 25 feet.
b.
Minimum area requirements.
1. Minimum lot area, per unit: 2,000 square feet.
2. Minimum lot width: 50 feet.
C.
Maximum building height. None.
d.
Public parking area. Same as section 126-104(5)e.
Sec. 126-120. Neighborhood Services Zone (NSZ)
The purpose of this district is to provide for residential uses, and encourage such
development by right, according to standards that will ensure harmony with the existing historic
residential environment. Additionally, it is the purpose of this district to allow for home based
commercial activity that closely reflects the community character.
1) Principal permitted uses.
a. Single-family dwellings.
1. Minimum lot area: 8,000 square feet.
2. Minimum lot width: 50 feet.
b. Two-family dwellings and town houses with no more than two
attached units per town house.
1. Minimum lot area: 4,000 square feet per unit.
2. Minimum lot width: 30 feet per unit.
c. Park, playground, or community center owned and operated by a
governmental agency.
2) Conditional permitted uses. The following uses are special exceptions
and shall require written approval from the Board of Adjustment:
a. Multi -family dwellings.
1. Minimum lot area per unit: three or more units, 3,000 square feet
per unit.
2. Minimum lot width: 75 feet.
b. Home occupations.
c. Professional offices.
d. Day care nurseries.
e. Beauty shops and barbershops.
f. Florist shops.
g. Places of worship.
h. The following uses, provided they are conducted wholly within a
building except for off-street loading and unloading:
1. Retail establishments (product processing is allowed only if the
products are sold at retail on the premises);
2. Personal and convenience service establishments;
3. Restaurant's (Excluding drive-thru);
4. Any other use not listed which, in the Commission's opinion,
would be compatible with the above uses.
3) Height regulations.
a. The following height regulations shall apply to buildings and
structures within the Neighborhood Services Zone.
1. Minimum height: None.
2. Maximum height: 36 feet, however, additional feet maybe
allowed with design approval from the HARC based on the scale
of adjacent structures.
4) Setbacks.
a. Front Yard: 25 feet.
b. Side yard: 6 feet.
c. Rear yard: 25 feet.
5) Additional regulations:
a. Off-street loading areas may not face any public right-of-way.
b. No loading or unloading shall be allowed between 9:00 p.m. and 7:00
a.m.
c. Parking Requirements. Same as section 126-101(2)f.
d. The Historical and Architectural Review Commission (HARC) shall
have sole jurisdiction as a special board of adjustment over the
Neighborhood Services Zone pursuant to KRS 100.217 and KRS
82.026.
e. Accessory Structures. Same as Section 126-86.
6) Plan approval required for new/infill construction and for changes in
exterior appearance. In order to maintain the existing character of the
neighborhood, plans for architectural design, site layout, or changes in
style of architectural elements must be approved by the Historic &
Architectural Review Commission (HARC). HARC may require changes
to the plan as deemed necessary or desirable to insure proper design
standards, to minimize traffic difficulties, to safeguard adjacent
properties, and to preserve the intent of the Neighborhood Services Zone.
a. Certificate of Zoning Compliance required.
1. No person shall, without first applying for and obtaining a
special conditional use permit, to be known as a Certificate of
Zoning Compliance, make any changes in exterior appearance to
any exterior portion of any structures in the Neighborhood
Services Zone. A Certificate of Zoning Compliance must be
issued by the Planning Department before a building permit can
be obtained.
2. Infill/New Construction and additions to existing structures. All
new construction and additions to existing structures must first
be issued a Certificate of Zoning Compliance before any
construction begins.
3. Existing structures.
a. Changes to the design or style of any exterior feature on an
existing structure requires a Certificate of Zoning
Compliance.
b. Administrative approvals. In the following instances,
Certificates of Zoning Compliance can be issued by the
Zoning Administrator.
1. In instances where the design or style of any exterior
feature is replicated and replaced with a new material,
the Zoning Administrator has the authority to
administratively approve the application for a
Certificate of Zoning Compliance. The proposed
materials must comply with the approved building
materials list found in the design guidelines.
2. New accessory structures that use the same building
materials and an appropriately sized and style of
windows and doors that complement the existing
primary structure can be administratively approved.
Features considered include structure orientation,
openings, roof pitch, siding, and color scheme.
3. Trees. Cutting or removal of trees that are more than
one foot in diameter measured at one foot off of the
ground require a Certificate of Zoning Compliance.
Removal of trees can be approved administratively.
4. Repainting. Changing the color of a surface that has
already been painted can be approved administratively.
5. Fences. Fences that are determined to comply with the
advisory design guidelines can be approved
administratively. < ;` ,
6. Demolitions. Any proposed demolition of a principal
structure requires a Certificate of Zoning Compliance
prior to obtaining a demolition permit. Demolitions
outside of the demolition control zone can be approved
administratively.
b. Applications for a Certificate of Zoning Compliance.
1. Applications for a Certificate of Zoning Compliance are submitted
to the Planning Department.
2. A public hearing is required on all applications except for
administrative approvals as outlined in this section.
3. Grounds for granting a Certificate of Zoning Compliance. HARC
must make written findings of fact as follows:
a. The proposed exterior changes comply with the intent of the
Neighborhood Services Zone.
b. The proposed exterior changes are in harmony with the
adopted design guidelines.
c. The HARC shall adopt design guidelines for the
Neighborhood Services Zone to act as a guide for board
decisions on plan approvals and changes to the exterior
appearance of existing structures. The document shall be
made available to the public to aid in the design approval
process.
d. Maintenance and safety standards.
1. All buildings within this zone shall be maintained to meet
the requirements of the building code and property
maintenance codes of the city including the Enhanced
Property Maintenance Standards.
2. Enforcement of safety standards. Nothing in this section
shall be construed to prevent the city Building Inspector
from enforcing all state statutes and provisions of this
Code and any other ordinances of the city pertaining to the
public safety.
e. Appeals. Any person aggrieved by any action of the Zoning
Administrator may appeal their decision to the HARC Board
pursuant to KRS 100.257. Any person aggrieved by any
action of the HARC may appeal the decision thereof to the
Circuit Court in the manner prescribed for appeals from
actions of boards of adjustment.
SECTION 2. This Ordinance shall be read on two separate days and become
effective upon summary publication pursuant to KRS Chapter 424.
A TEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, April 27, 2010
Adopted by the Board of Commissioners, May 11, 2010
Recorded by Tammara S. Brock, City Clerk, May 11, 2010
Published by The Paducah Sun, May 17, 2010
Ord/plan/126 amend -places of worship 5-10