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HomeMy WebLinkAbout2012-10-7979ORDINANCE NO. 2012-10-7979 AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AMENDING SECTIONS 126-76(h) & (1) AND SECTION 126-173, OF CHAPTER 126, ZONING OF THE PADUCAH CODE OF ORDINANCES BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky, hereby amends Chapter 126- 76, Sign Regulations of Chapter 126, Zoning of the Code of Ordinances of the City of Paducah, Kentucky, to read as follows: "(h) Signs authorized for B -2-T zone. No signs shall be permitted in the B -2- T zone in the city except as provided in subsections (e) and as provided as follows: (1) Wall signs for single -tenant buildings. One wall sign per building facade shall be permitted provided that such signs shall be constructed so that each letter thereon runs parallel to the street upon which such business abuts, shall be affixed to the exterior wall of the building and shall not protrude from the wall a distance of more than 18 inches. Wall signs shall be a maximum size of 50 square feet. Building facades with a greater than 50 lineal feet of street frontage are allowed a maximum sign area of 1.5 square feet per lineal foot of street frontage subject to a 100 square foot maximum. a. Internal illumination shall be permitted only when the letters themselves are lighted and not the background. Neon signs are not permitted b. Wall signs may be indirectly illuminated. (2) Wall signs for multi -tenant buildings. One wall sign per tenant shall be permitted provided that such signs shall be constructed so that each letter thereon runs parallel to the street upon which such business abuts, shall be affixed above the business entryway and shall not protrude from the wall a distance of more than 18 inches. Wall signage shall be a cumulative size of 50 square feet per facade. Building facades with a greater than 50 lineal feet of street frontage are allowed a maximum sign area of 1.5 square feet per lineal foot of street frontage subject to a 100 square foot cumulative maximum. a. Internal illumination shall be permitted only when the letters themselves are lighted and not the background. Neon signs are not permitted. b. Wall signs may be indirectly illuminated. 94 (3) Projecting signs. One projecting sign per building facade on street frontage shall be permitted provided that such sign may project from a building no more than four feet horizontally and have a maximum area of six square feet. a. The projecting sign shall start no more than six inches from the exterior wall of the building. b. A projecting sign shall be mounted by a metal bracket projecting from the wall of the building. C. Projecting signs shall be located within two feet of the centerline of the building. d. Projecting signs may be indirectly illuminated. e. Projecting signs may be made of wood, metal, alucobond, reinforced canvas or polyurethane foam. f. Secondary entrances to separate dwellings or businesses within the principal structure shall be permitted to have one additional projecting sign. Such sign shall not exceed one square foot in size and shall be installed above the secondary entrance. (3.) Awning signs. Signs on awnings shall be limited to lettering displaying no more than the name, street number, logo or trademark and principal business of the occupant of the premise. Letters shall be no larger than eight inches high. (1) Signs authorized for POP Zone. No signs shall be permitted in the POP Zone of the city except as provided in subsections (e) and (g) and as provided as follows: (1) Every lot or tract shall be restricted to one freestanding business sign. (2) Freestanding business signs shall not exceed twelve (12) feet above Bylaws. To adopt bylaws for its own government. grade in height or more than 12 square feet in area for each foot of lineal Administrative review. To hear and decide appeals where it is alleged by frontage of the building. However, no sign shall exceed 200 square feet the applicant that there is error in any order, requirement, permit, in area (100 square feet per face, two -face maximum) except as decision, determination or refusal made by the enforcement officer or otherwise provided herein. (3) Hotels, motels, and restaurants shall be permitted to have one interpretation of the zoning map. freestanding business sign. Such signs shall not exceed the height of the Conditional uses. To hear and decide applications for conditional use roof line of the principal structure. Such sign shall not exceed 40 feet in permits that allow uses which are specifically named in the zoning height and shall not exceed 200 square feet in area per sign face. (4) All freestanding business signs shall have a minimum setback of 20 feet from the street. (5) Lighted signs shall be permitted. However, all sign lighting shall be only of a type, intensity and direction only necessary to light the sign. Electronic message signs shall be permitted. (6) One sign per tenant, per each fagade shall be permitted to be attached to the'f� ofprincipal building. However, the total square footage of such sign shall not exceed five percent of the total above -grade elevation building face. (7) Private directional signs indicating entrance, exit, or location of parking shall be permitted in the POP Zone. Such signs shall not exceed four square feet in surface area for each sign and the height must not be more than 30 inches from the street level. These signs must be placed on private property and not on public right-of-way. " SECTION 2. That the City of Paducah, Kentucky, hereby amends Chapter 126- 173, Board of Adjustment, of Chapter 126, Zoning of the Code of Ordinances of the City of Paducah, Kentucky, to read as follows: "Sec. 126-173. Board of Adjustment. (a) A Board of Adjustment (hereinafter known as "the Board") shall be appointed and organized in conformance with the KRS 100.217. (Code 1968, app. A, § 80) (b) The Board shall have the following powers and duties: (1) Bylaws. To adopt bylaws for its own government. (2) Administrative review. To hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, permit, decision, determination or refusal made by the enforcement officer or other administrative official in the carrying out of this chapter, and for interpretation of the zoning map. (3) Conditional uses. To hear and decide applications for conditional use permits that allow uses which are specifically named in the zoning provisions, and which may be suitable only in specific locations in the zone if certain conditions are met. (4) Variance. To hear and decide on applications for dimensional variance where, by reason of the exceptional narrowness, shallowness or unusual shape of the site, or by reason of exceptional topographic conditions, or some other extraordinary situation or condition of that site, the literal enforcement of the dimensional requirements (height or width of building, or size of yards, but not population density) of the zoning provisions would deprive the applicant of reasonable capacity to make use of the land in a manner equivalent to the use permitted other landowners in the same zone. The Board may impose any reasonable conditions or restrictions it decides to grant. (5) , thee Board shall eonsidef 11 of the following, whieh shall be FeeoMed along and i ss red iii-=ATittennfarm to the applieant to const ut f of 4— dimensional d al a. The Feeifie eonditio s in detail, whiek are tini"^�e applieant's !and and do not exist on other- land in the saffie ise b. The tflannef ehaptef would depfive the applieant of the r-easonable use of the land in the manner- equivalent—to the use pefmitted—e�lre� landowner -s in the same i�one. Before anv variance is granted, the board must find that the granting of the variance will not adversely affect the public health, safety or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or a nuisance to the public and will not allow an unreasonable circumvention of the requirements of the zoning regulations. In malting these findings, the board shall consider whether: (a) The requested variance arises from special circumstances which do not generally apply to land in the general vicinity or in the same zone; (b) The strict application of the provisions of the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; and (c) The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulation from which relief is sought. (6) Nonconforming use change. To permit a change from one nonconforming use to another, providing the new nonconforming use is in the same or a -more restrictive zoning classification in accordance with section 126-63. (7) Limits of authority. The Board of Adjustment shall not possess the power to grant a variance to permit a use of any land, building or structure which is not permitted by the zoning provisions for the zone in question; or to alter density requirements in the zone in question. The Board does not possess the authority to permit a use not authorized by this chapter. (8) Application of variance. A dimensional variance applies to the property for which it is granted, and not to the applicant. A variance also runs with the land, and is transferable to any future owner of the land, but it cannot be transferred by the applicant to a different site. (9) Additional authority. In granting a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in the furtherance of the purposes of this chapter. (10) Conditions for granting variance. Before any variance is granted, the Board must find present conditions which must be sustained by evidence presented by the applicant that the property will not yield a reasonable return if used in compliance with this chapter, that the conditions causing the hardship are unique and are not shared by the neighboring property in the same zone, and that the granting of the variance will not be in conflict with this chapter. These conditions must be alleged by the applicant and evidence must be produced by him to substantiate these allegations. (11) Report. A written report on each variance that is granted or denied by the Board shall be submitted to the City Commission with a copy retained in the files of the Planning Office. SECTION 2. That if any section, paragraph or provision of this Ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this Ordinance to make each and every section, paragraph, a provision hereof separable and from all other sections, paragraphs and provisions. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to S Chapter 2 Mayor ATTEST: '1Ao �. Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, October 2, 2012 Adopted by the Board of Commissioners, October 9, 2012 Recorded by Tammara S. Sanderson, City Clerk, October 9, 2012 Published by The Paducah Sun, October 15, 2012 \ord\plan\zone\126-76 h,1, 126-73 (5) 10-2012