HomeMy WebLinkAbout2010-7-7701ORDINANCE NO. 2010-7-7701
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 Section 126-76, "Sign Regulations" of Chapter 126,
Zoning of the Code of Ordinances of the City of Paducah, Kentucky is hereby amended
to read as follows:
Sec. 126-76. Sign regulations.
(a) Purpose. It is the purpose of this chapter to establish regulations
for the control of signs within the zoning jurisdiction of the City of Paducah. The intent
of this chapter is to support and promote the use of signs to aid the public in the
identification of businesses and other activities, and to assist the public in its orientation
within the city. Further, it is the intent of this chapter to protect the public from the
confusion created by the objectionable effects of advertising excesses, from the danger of
unsafe signs, and from the degradation of the aesthetic qualities of the City of Paducah. It
is also the intent of this chapter to promote and protect the general appearance and
aesthetics of the community. These regulations thereby promote the health, safety and
general welfare through a system of reasonable, non -arbitrary and nondiscriminatory
control of the placement, character, size, height, location and illumination of signs.
(b) Definitions.
(1) Advertising sign: A sign which directs attention to a
business product, service or activity or entertainment, sold or offered
elsewhere than on the premises where such sign is located. Such sign
includes billboards and off premises signs.
(2) Air inflated sign: A sign which maintains shape by air
pressurization.
(3) Business sign: A sign which directs attention to a business
profession, product, activity or entertainment, sold or offered upon the
premises where such sign is located.
(4) Campus sign: A sign which is located within a campus
style environment which shall consist of at least three acres of real
property, which would include a school, college, religious institution,
performance hall, convention center, or other like environment as
approved by the Planning Commission. Such signs may include electronic
message signs.
(5) Canopy sign: A sign that is part of, or customarily
attached to, a ,gasoline canopy.
(5) (0 Directional sign: Any non-commercial sign of an
instructional nature bearing no business advertising and displayed for the
convenience of the public.
(6) Q Electronic message sign: A sign that changes messages
not more than once every 8 seconds, followed by 2 seconds of transition
or animation.
(7) (�J Flashing sign: A sign having an illumination of which is
not kept constant in intensity at all times when in use.
(8) n Flag sign: A sign having the characters, letters, or
illustrations applied to cloth or fabric.
Off) CLOJ Identification sign: A sign which indicates only the
name and address of the building and/or management, and has no
direct advertising value.
00)11 Illuminated indirectly: A sign which is illuminated
indirectly by artificial light from any source.
(12) Island spanner sign: A sign that is attached to the supports
of gasoline canopies for advertising purposes.
{} 13 Lighted sign: A sign which is designed to emit
artificial light from any source.
(1-2) (14) 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.
(} (15) 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) 16 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.
" LU7 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.
(18) Spandrel sign: A sign attached to the mandrel that covers
gasoline dispensers.
0.6) 19 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.
" 20 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).
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.
" LLQ 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 or a wall 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 91 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
Random Air Pockets
4' NAMMF FESTIVAL---OkIVENT
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.
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 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.
r. 4
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.
261, —w-- j
F24"widebanner
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NAME tali?
FFSTYV L
OR,
-rro.
Lim.
L�;�a:�rt Arts 1'�is5aizw
Senor It
: e�.ele1
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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 fagade.
(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.
(f)
(g)
(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.
J
(7)
Temporary signs.
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.
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)
Bulletin boards shall be permitted at places of worship
provided such identification signs or bulletin boards do not
exceed 48 square feet in area per sign face. Such signs may
indicate the name and/or address and activities relating to
the premises. Such signs may be lighted. Such signs shall
not be erected closer than ten feet to any property line
unless attached to a building and shall not exceed eight
feet in height.;
(4)
Signs for advertising nurseries or day cares in the R-1, R-
2, and R-3 zone shall be permitted provided such signs
comply with subsection (e)(5).
(5)
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.
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(8) Gasoline canopy si ;ns: Canopy signs shall not exceed 20% of the face of the
canopy on which they are a part of, or are attached to. Island spanner signs
shall not exceed 20% of the face of the canopy above. Spandrel signs shall
not exceed 20% of the spandrel's structural area. Island spanner signs and
spandrel signs shall not be permitted together. These types of signs shall not
extend beyond the edges of the canopy.
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Island Spanner Sign Island Spanner Sign
,Spandrel Sign
(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-
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
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 place of worship or residence.
Measurements shall be made from the outermost portion of the
advertising sign and the 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.
The city shall be entitled to recover from the responsible party or parties the total cost of
removal and disposal, plus interest thereon, and all reasonable attorney fees and other
costs incurred by the city by reason of the collection upon and enforcement of the
responsible party's or parties' liability hereunder and the lien which secures same. Interest
shall accrue on such costs at the legal rate of eight percent per annum.
SECTION 2. This Ordinance shall be read on two separate days and
become effective upon summary publication pursuant to KRS Chapter 424.
t
ATTEST:
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Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, June 22, 2010
Adopted by the Board of Commissioners, July 13, 2010
Recorded by Tammara S. Brock, City Clerk, July 13, 2010
Published by The Paducah Sun, July 19, 2010
Ord/plan/zone/126—76(island spanner -gasoline canopy -spandrel) 7-10