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HomeMy WebLinkAbout2006-9-717756 ORDINANCE NO. 2006-9-7177 AN ORDINANCE AMENDING SECTION 126-76, SIGN REGULATIONS, OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 126-76, Sign Regulations, of Chapter 126, Zoning of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: "Sec. 126-76. Sign regulations. (a) Purpose. It is the purpose of this chapter to establish regulations for the control of signs within the zoning jurisdiction of the City of Paducah. The intent of this chapter is to support and promote the use of signs to aid the public in the identification of businesses and other activities, and to assist the public in its orientation within the city. Further, it is the intent of this chapter to protect the public from the confusion created by the objectionable effects of advertising excesses, from the danger of unsafe signs, and from the degradation of the aesthetic qualities of the City of Paducah. It is also the intent of this chapter to promote and protect the general appearance and aesthetics of the community. These regulations thereby promote the health, safety and general welfare through a system of reasonable, 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. (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 es minute. (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. 57 (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. �'�D (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 seven feet to a street right-of-way line unless the sign is attached directly to the facade of the structure and except as otherwise provided herein. (See Figure #1). 7'x14 dear Area r --1 way Property Line or Road � Right -of -Way Figure #1 (7) No sign shall be placed in any public right-of-way, except those signs for public use and regulatory signs outlined in the MUTCD, except as otherwise provided herein. The provisions of 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. (13) All signs placed upon private property must have the written consent of the owner or his agent. If the application is made by a person other than the owner in fee, it shall be accompanied by a verified written statement by the person making the application that the sign is authorized by the owner in fee and that the applicant is authorized to make application. (14) The areas of a free standing sign shall be measured by drawing eight or fewer straight lines encompassing the extremities of the sign within the smallest possible area. The area of a free standing sign shall not include poles, supports, or other structures which are used solely for support and which do not contain any advertising of any kind. Message signs are allowed as accessory signs on freestanding signs. The area of the message sign shall be included in the total allowable sign area. (See Illustration#1). M-1 59 Of A. Illustration 1 (15) Interior electronic message signs that change not more than once every €v -e minutes minute 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 yes minute 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 i,D 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. Ataxy Duty Rtu!`MW C"=Ws 4! NAME -OF �STIVAL-OR'EVE] t `0 0o 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. RmdmAk Pock (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. SO -1 NIME F �1O R E T EN rT Figure 2 61 (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. i4Y" bafu= width NAME - OF FESTIVAL OR ` i EV ENT } I E 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. 62 (b) Design of the banner. Size 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. 26" 24'" wide banner FE91,1 AL ` OR EVENT fir VNMCOL Se"s to Fi Lire 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. 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. (d) 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. 63 18. Sandwich Board Signs. 1. 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 J 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 (8) feet in width. In no instance can such signs occupy an area that limits any portion of the useable sidewalk to less than five (5) feet; or interfere with pedestrian or automobile traffic. d. No portion of any sandwich board sign shall be placed further than 36" 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 and 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 to be 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. 64 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: C, 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 65 Ordinances. Each special event is limited to two such signs on the property the special event is being held on. (7) Temporary signs which advertise or promote yard sales may only be erected the day before the sale and shall be removed on the day following the sale. Such signs shall not exceed six (6) square feet per sign face. Such signs may be located within seven (7) feet of a street right-of-way line. (e) Signs permitted in all zones and districts. Except where such signs may violate some other section of this chapter or any other applicable provision of the Code of Ordinances of the city, the following signs shall be permitted in all zones: '�D (1) Signs located wholly within a building or structure. Interior window signs shall not obstruct more than 30 percent of the window. Flashing, blinking, moving, rotating or flapping signs shall not be visible from the public right-of-way except as provided for in sections 126-76(c)(15) and 126-76(c)(16). (2) Signs affixed to a properly licensed motor vehicle operating upon public thoroughfares. (3) Dangerous dog signs as required under section 14-40 of the Code of Ordinances, provided such signs shall not exceed 18 X 24 inches. (4) Any sign erected by any governmental body or agency. (5) One sign not over one square feet in area identifying home occupations which are permitted as a conditional use on the premises. The sign location shall be subject to control by the Board of Adjustment. Lighted signs are prohibited. (6) Temporary signs. 10 (f) Signs prohibited in all zones and districts. The following signs are prohibited in all zones and districts. (1) Flashing, blinking, moving, rotating or flapping signs except as provided herein. (2) Roof signs. (3) Mobile signs. (4) Advertising signs that exceed the dimensions of six square feet in area per sign face, except for replacement advertising signs which are permitted pursuant to subsection (r). (5) Air inflated sign. (6) Streamers. (g) Signs authorized for R-1, R-2, R-3, and R-4 Zones. No signs shall be permitted in the R-1, R-2, and R-3 zones in the city except as provided in subsection (e) above and as provided as follows: �D (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 M 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) Church bulletin boards shall be permitted at churches provided such identification signs or bulletin boards do not exceed 48 square feet in area per sign face. Such signs may indicate the name and/or address and activities relating to the premises. Such signs may be lighted. Such signs shall not be erected closer than ten feet to any property line unless attached to a building and shall not exceed eight feet in height. (4) Signs for advertising nurseries or day cares in the R-1, R-2, and R-3 zone shall be permitted provided such signs comply with subsection (e)(5). (5) Signs advertising the business uses in the R-4 zone shall be permitted provided the sign is no larger than 12 square feet in area per sign face and be no taller than ten feet. Such signs may only be illuminated indirectly. (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. (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 permitted a sign area not to exceed one square foot per lineal foot of street frontage subject to a maximum size of 50 square feet in area per sign face. 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 maybe 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. RVA �dimieertu_u�L-- A&Wfikwm Je nLa (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. 0) Signs authorized for H-2 zone. No signs shall be permitted in the H-2 zone in the city except as provided in subsections (e) and (g) and as provided as follows: (1) Signs shall be permitted provided the sign is no larger than 12 square feet in area per sign face. (2) Such signs may only be illuminated indirectly. No sign shall be illuminated to an intensity of more than 90 foot candles when measured at eight feet and shall not be closer than ten feet to any property line unless attached to a building or structure. (k) Signs authorized for B-1, B-2, B-3, M-1, M-2, M-3 and HBD zones. No signs shall be permitted in the B-1, B-2, B-3, M-1, M-2, M-3, and HBD zones in the city except as provided in subsections (e) and (g) and as provided as follows: (1) Flag signs attached to a permanent pole shall be permitted. Such signs shall not exceed 12 square feet in area per sign face. One flag sign is permitted per permanent pole. The maximum height of a flag sign shall not exceed a height of 40 feet from the adjacent grade. (2) Private directional signs indicating entrance, exit, or location of parking shall be permitted provided such signs do not exceed four square feet in surface 1s3 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 free standing sign permitted under subsection (4) above to a height not to exceed 100 feet in sign height and 300 square feet in area per sign face. For the purpose of calculating the 2,000 feet from the centerline set forth above. (See Illustration #2). Lighted signs are permitted. (5) Exterior electronic message signs that change messages not more than once every five minutes minute shall be permitted in the B-1, B-3, HBD, M-1, M-2, and M-3 zones. (6) Wall business signs shall be permitted for each tenant or lessee provided su ,.s are mounted en the faee of a buildiffg. The area of wall business 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: I t .�.:u. „}.—_i ixL: 1.ulue :i�...,e ...� AA. _xna�ua�a:m�:L ::_.�.lwal�m Lm�.�w.o �•. �� �.: . �e„nArx.s,..��Ae�.uA,��,�..a ... ,.i... �. �m,m A. _.�e�uu�r�.,�: .,n..n, � .. ,..�� . ., .moi.... ............. �.._......�.� ��:. m..„. (1) Every lot or tract shall be restricted to one free standing business sign. (2) Free standing business signs shall not exceed four feet above grade in height or more than 12 square feet in area for each foot of lineal frontage of the building. However, no sign shall exceed 200 square feet in area (100 square feet per face, two -face maximum) except as otherwise provided herein. (3) Hotels, motels, and restaurants shall be permitted to have one free standing business sign. Such signs shall not exceed the height of the roof line of the principal structure. Such sign shall not exceed 40 feet in height and shall not exceed 200 square feet in area per sign face. (4) All free standing business signs shall have a minimum setback of 20 feet from the street. (5) Lighted signs shall be permitted. However, all sign lighting shall be only of a type, intensity and direction only necessary to light the sign. (6) One sign shall be permitted to be attached to the front of a principal building. However, such sign shall not exceed five percent of the total above -grade elevation building face. (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) 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. 70 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. C" I (p) Reserved. (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). I (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. 71 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 church or residence. Measurements shall be made from the outermost portion of the advertising sign and the church or residence structure. (s) Signs constituting a nuisance- Abatement. (1) The following signs shall constitute a nuisance: a. A sign in a dilapidated or unsafe condition or in a condition of disrepair. 72 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 L" 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 asworn 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 ,..• �. .i::s.t.e ^.�.. ..'.Yrs. n.. .e PfM.Is... WYsix. iutl4'ffi2_].eiri L v rn �� 1 sll_ � ..nx� cr unmre M. t2ewemlmvr�uun.auaemuutlnut. .m, m 73 against the property designated or described in the statement and that the same is due and collectable as provided by law. (7) The city shall be entitled to recover from the responsible party or parties the total cost of removal and disposal, plus interest thereon, and all reasonable attorney fees and other costs incurred by the city by reason of the collection upon and enforcement of the responsible party's or parties' liability hereunder and the lien which secures same. Interest shall accrue on such costs at the legal rate of eight percent per annum. SECTION 2. That if any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph, and provision hereof separable from all other sections, paragraphs and provisions. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: Jw��dA&4, Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, September 12, 2006 Adopted by the Board of Commissioners, September 26, 2006 Recorded by Tammara S. Brock, City Clerk, September 26, 2006 Published by the Paducah Sun, October 3, 2006 ord\plan\zone\126-76 electronic -wall signs