HomeMy WebLinkAbout2002-10-6588383
ORDINANCE NO. 2002-10-6588
AN ORDINANCE PROVIDING FOR A COMPREHENSIVE
SCHEME OF REGULATIONS TO PROVIDE FOR THE REASONABLE CONTROL
AND ESTABLISHMENT OF SIGNS WITHIN THE CITY OF PADUCAH,
KENTUCKY
WHEREAS, it is the consensus of the Board of Commissioners that present
ordinances do not adequately regulate the establishment and control of signs, and therefore, it was
necessary for the Board of Commissioners to thoughtfully consider and enact regulations which
would provide adequate control of signs, including the limitation on the establishment of certain
signs; and
WHEREAS, it was the further desire of the Board of Commissioners that the
Planning and Zoning Commission of the City of Paducah, Kentucky, conduct a public hearing
regarding the regulation of signs, and to thereafter make recommendations to the Board of
Commissioners regarding a comprehensive scheme of regulations to provide for the reasonable
control and establishment of all signs within the City of Paducah, Kentucky; and
WHEREAS, the Planning and Zoning Commission of the City of Paducah,
Kentucky, has now conducted a public hearing regarding the regulation of signs, and has now
adopted a resolution setting forth its recommendations that certain sections of Chapter 126 of the
Paducah Code of Ordinances be repealed, and that a new section be created under Chapter 126
which sets forth a comprehensive scheme of regulations which regulates signs within the City of
Paducah, Kentucky; and
WHEREAS, the Board of Commissioners has now conducted its own public hearing
on this matter, and after due consideration, adopts the following findings:
Finding #1:
It is the purpose of this Chapter to establish regulations for the
control of signs within the zoning jurisdiction of the City of Paducah.
Finding #2:
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.
Finding #3
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.
Finding #4
It is the intent of this Section 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, nonarbitrary and nondiscriminatory control of
the placement, character, size, height, location and illumination of
signs; and
WHEREAS, the Board of Commissioners does now desire to enact and implement
the recommendation of the Planning and Zoning Commission of the City of Paducah, Kentucky,
with several amendments being made to same.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY, AS FOLLOWS:
Section 1. Sign Regulations—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, nonarbitrary and nondiscriminatory control of the
placement, character, size, height, location and illumination of signs.
Section 2. Definitions
a. 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.
b. AIR INFLATED SIGN: A sign which maintains shape by air pressurization.
c. 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.
d. DIRECTIONAL SIGN: Any non-commercial sign of an instructional nature
bearing no business advertising and displayed for the convenience of the
public.
e. ELECTRONIC MESSAGE SIGN: A sign that changes messages not more
than once every five (5) minutes.
f. FLASHING SIGN: A sign having an illumination of which is not kept
constant in intensity at all times when in use.
g. FLAG SIGN: A sign having the characters, letters, or illustrations applied to
cloth or fabric.
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h. IDENTIFICATION SIGN: A sign which indicates only the name and
address of the building and/or management, and has no direct advertising
value.
i. ILLUMINATED INDIRECTLY: A sign which is illuminated indirectly by
artificial light from any source.
j. • LIGHTED SIGN. A sign which is designed to emit artificial light from any
source.
k. 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.
1. 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.
in. 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.
n. 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.
o. 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.
p. 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 (1) side of a
double-faced sign structure shall be used in computing total surface area.
(See Illustration No. 1).
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q. 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.
r. WALL SIGN: Any sign including a fascia sign which is attached parallel to
the face of a wall of a building or other structure.
Section 3. General Regulations.
a. All signs shall be constructed of approved materials and shall be designed to
meet the structural requirements of the applicable building code.
b. All electrical work shall conform to all applicable electrical codes.
C. 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.
d. 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.
e. No illuminated sign which emits artificial light shall be permitted within fifty
(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.
f. No portion of any sign shall be located at an elevation of less than 10 feet
measured at a distance of seven (7) 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'x10 Clear Area
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perry Line or Roadway
ht -of -Way
Figure 1
g. 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.
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h. 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 ten 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 ten 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.
i. Traffic visibility at intersections shall be preserved in accordance with
Section 126-65 of the Code of Ordinances.
j. No exterior wall signs shall be attached to or obstruct any window, door,
stairway or other opening intended for egress, ingress, ventilation and light.
L No sign shall be attached to any tree, fence or utility pole except by a
governmental body or agency.
1. 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.
in. 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.
n. The areas of a free standing sign shall be measured by drawing eight (8) 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. (See Illustration No. 1).
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Section 4. Regulations for Temporary Signs.
a. Temporary signs which advertise or promote a political campaign or the
expression of ideas or beliefs shall be subject to the following regulations:
(1) Such signs shall be limited to sixteen (16) square feet in area per sign
face with the bottom of the sign to be no higher than two (2) feet from
ground level.
(2) 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 two hundred feet (2001) if the lot has over two
hundred (200) lineal foot of frontage. Such signs shall be removed
within ten (10) days following the election event.
(3) Notwithstanding the effective date of this ordinance, Section 4(a) shall
become effective on January 1, 2003.
b. Temporary signs which advertise the sale, lease, or development of real
property, shall be subject to the following regulations:
(1) 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 (10) days after completion of the sale, at which time such signs shall
be removed.
(2) Such signs shall not exceed six (6) square feet in area per sign face,
excepting however, such signs located in a B-3, HBD, M-1, M-2, M-3, H-
I -J
M, POP, M -U with frontage over two hundred (200) feet shall not
exceed thirty-two (32) square feet in area per sign face.
(3) No more than one sign shall be permitted for each two hundred (200)
feet the lot or tract upon which the sign is to be located abuts upon a
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public right-of-way.
(4) Such signs may be located within seven (7) feet of a street right of way
line.
C. Temporary Signs which advertise construction services and services related
thereto shall be subject to the following regulations.
(1) Such signs shall not exceed sixteen (16) square feet in area per sign face.
(2) Such signs shall be erected no more than thirty (30) days prior to the
beginning of construction.
(3) Such signs shall be removed within ten (10) days after completion of
construction.
(4) Such signs may be located within seven (7) feet of a street right of way
line.
d. 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:
(1) 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.
(2) Such signs shall not exceed thirty two (32) square feet in area per sign
face.
(3) Each property or tenant shall be limited to two (2) such signs.
(4) Such signs shall not be erected for a period of more than (30) thirty
days.
e. Temporary signs which advertise or promote general events shall also be in
compliance with Section 98-5 of the Code of Ordinances.
L Temporary signs which advertise or promote circuses or carnivals or other
special events shall not exceed one hundred (100) square feet and shall be
erected within twenty (20) days of the event and removed within ten (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 (2) such
signs on the property the special event is being held on.
g. 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
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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.
Section 5. Signs Permitted in All Zones and Districts.
a. 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. Interior window
signs shall not obstruct more than thirty percent (30%) of the window.
Flashing, blinldng, moving, rotating or flapping signs shall not be
visible from the public right-of-way.
(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 (1) 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.
Section 6. Signs Prohibited in All Zones and Districts.
a. The following signs are prohibited in all zones and districts.
(1) Flashing, blinldng, moving, rotating or flapping signs except as
provided herein.
(2) Roof signs.
(3) Mobile signs.
(4) Advertising signs that exceed the dimensions of six (6) square feet in
area per sign face, except for replacement advertising signs which are
permitted pursuant to Section 18.
(5) Air inflated sign.
Section 7. Signs Authorized for R-1, R-2, R-3, and R-4 Zones.
a. No signs shall be permitted in the R-1, R-2, and R-3 zones in the city except as
provided in Section 5 above and as provided as follows:
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(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 to exceed forty-
eight (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. Such signs shall not be erected closer than ten (10) feet to any
property line unless attached to a building and shall not exceed eight (8)
feet in height.
(3) Church bulletin boards shall be permitted at churches provided such
identification signs or bulletin boards do not exceed forty-eight (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 (10) feet to
any property line unless attached to a building and shall not exceed
eight (8) 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 Section 5(5).
(5) Signs advertising the business uses in the R-4 zone shall be permitted
provided the sign is no larger than twelve (12) square feet in area per
sign face. 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 (4)
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 8. Signs Authorized for B -2-T Zone.
a. No signs shall be permitted in the B -2-T zone in the City except as provided in
Sections 5 and 7 and as provided as follows:
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(1) Signs 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.
(2) Signs may be lighted.
Section 9. Signs Authorized for H-1 Zone.
a. No signs shall be permitted in the H-1 zone in the City except as provided in
Sections 5 and 7 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 (3) feet. The
face of any sign shall not exceed two (2) 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 Section
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 twelve (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.
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(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 Section 126-115(c) and (g) of the Code of
Ordinances.
Section 10. Sims Authorized For H-2 Zone.
�. a. No signs shall be permitted in the H-2 Zone in the City except as provided in
i
Sections 5 and 7 and as provided as follows:
(1) Signs shall be permitted provided the sign is no larger than twelve (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 ninety (90) foot candles when
measured at eight feet and shall not be closer than ten (10) feet to any
property line unless attached to a building or structure.
Section 11. Signs Authorized for B-1, B-2, B-3, M-1, M-2, M-3 and HBD Zones.
a. 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 Sections 5 and 7 and as provided as follows:
(1) Flag signs attached to a permanent pole shall be permitted. Such signs
shall not exceed twelve (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 forty (40) feet from the adjacent grade.
(2) Streamers which attach to and span between signs, buildings and other
structures are permitted. However, streamers shall not be illuminated;
they shall not be pinned or staked directly to the ground nor attached to
any post or pole that is not a permanent feature of the premises; and
streamers shall not be attached to any utility pole or other device
located within a public right-of-way.
(3) Private directional signs indicating entrance, exit, or location of parking
shall be permitted provided such signs do not exceed four (4) square
feet in surface area for each sign face and the height shall not exceed 30
-,I— inches from the street level. These signs shall not be placed within the
public right-of-way.
(4) Only one (1) free standing business sign shall be permitted on any lot,
provided, however, two (2) free standing business signs shall be
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permitted if the lot width is over three hundred (300) feet or the
business is located at the intersection of two (2) 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 two hundred (200) square feet in area per
sign face. The outer edge of the sign shall be set back at least seven (7)
feet from the side lot line. All permitted freestanding signs shall not
exceed a height of forty (40) feet from adjacent grade, except as maybe
otherwise authorized in the following subsection. Lighted signs are
permitted.
(5) Property zoned B-1, B-3, HBD, M-1, M-2, or M-3 and within two
thousand (2000) feet of the centerline of I-24 shall have the right to
construct one (1) free standing sign permitted under subsection (4)
above to a height not to exceed one hundred (100) feet in sign height
and three hundred (300) square feet in area per sign face. For the
purpose of calculating the two thousand (2000) feet from the centerline
set forth above, see illustration number (2). Lighted signs are
permitted.
(6) Electronic message signs that change messages not more than once
every five (5) minutes shall be permitted in the B-1, B-3, HBD, M-1, M-
2, and M-3 zones.
(7) Wall business signs shall be permitted for each tenant or lessee
provided such signs are mounted on the face of a building. The area of
wall business signs shall not exceed twenty percent (20%) of square
footage of face of building or face of tenant or lessee space. Lighted
signs are permitted.
(8) No flat wall signs shall project above the roof or parapet line.
Section 12. Signs Authorized for POP Zone.
a. No signs shall be permitted in the POP Zone of the City except as provided in
Sections 5 and 7 and as provided as follows: -
(1) Every lot or tract shall be restricted to one (1) free standing business
sign.
(2) Free standing business signs shall not exceed four (4) feet above grade
in height or more than twelve (12) square feet in area for each foot of
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lineal frontage of the building. However, no sign shall exceed two
hundred (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 forty (40) feet
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in height and shall not exceed two hundred (200) square feet in area per
sign face.
(4) All free standing business signs shall have a minimum setback of twenty
(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 (5%) 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 (4)
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 13. Signs Authorized For MU Zone.
a. No sign shall be permitted in the MU Zone except as provided in Sections 5 and
7 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 (4) 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.
Section 14. Signs Authorized for HM Zone.
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a. No sign shall be permitted in the HM Zone except as provided in Section 5 and
7 and as provided as follows:
(1) Business signs shall be permitted provided that such signs do not exceed
twenty-five (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.
Section 15. Application, Fees, and Penalties.
a. 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:
(1) A completed application form.
(2) 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.
(3) Detailed sign information including type of construction, method of
illumination, dimensions, methods of mounting and/or erecting and
other similar information.
(4) Engineering design on footing and structure for signs exceeding forty
(40) feet in height.
b. 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.
Section 16. Liability Insurance Required for Sims Extending Over or into Street or
Public Way.
a. Before any person may be issued a permit under this chapter for a sign
suspended over a street or other public way, or extending into a street or other
public way, by more than one foot beyond the building line, such person shall
obtain and file with the City Engineer, and continue to keep in force while such
sign remains suspended or extended, a liability insurance policy conditioned for
the benefit of persons suffering injury, loss or damage to their person or
property resulting from the suspension, extension, and maintenance of such
sign, or resulting from any accident which might occur by reason of the failing
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of such sign, or resulting from any cause in connection with the suspension,
extension, or maintenance thereof.
b. Such policy shall also protect the city, its agents, servants or employees against
any and all liability which may be imposed upon it or them by reason of the
suspension, extension, or maintenance of such sign, or on account of any
accident resulting from the suspension, extension, or maintenance thereof. The
City shall be a named insured on the policy.
C. The liability policy shall be in the sum of not less than $100,000.00 for the
injury to or death of any one person, and not less than $300,000.00 for the
injury to or death of all persons affected by any one accident, and not less than
$50,000.00 for the benefit of persons who may sustain property damage in any
one accident resulting from the suspension, extension, or maintenance of such
sign.
Section 17. Permitted Non -Conforming Signs.
a. 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.
b. 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 non -conforming sign. Such sign shall
be authorized to remain in existence subject to the conditions as herein set forth.
C. 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.
d. No non -conforming sign shall become a nuisance as defined under Section 19.
e. Temporary signs existing at the date of the adoption of this chapter shall be
removed within 90 days of the adoption of this chapter.
f. In the event a non -conforming sign is damaged to such extent that the cost of
repairs exceeds fifty percent (50%) 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 ordinance, and as such, shall
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constitute a nuisance.
Section 18. Replacement Advertising Signs.
a. In the event the owner of an advertising sign which is permitted pursuant to
Section 17 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 n�
has been damaged to such extent that the cost of repairs exceeds fifty percent `✓
(50%) of the replacement value, the owner may apply for a permit for a
replacement advertising sign under Section 15. A permit for a replacement
advertising sign may be issued by the Department of Inspection only upon the
satisfaction of the following conditions:
(1) The replacement advertising sign plus all other advertising signs
owned by the owner do not exceed the number of advertising signs
which the owner owned at the effective date of this ordinance.
(2) The replacement advertising sign shall not exceed the face area and
number of faces of the replaced advertising sign.
(3) The owner has filed an application for permit for a replacement
sign within a period of one (1) year following the removal of the
advertising sign to be replaced.
(4) The owner submits reasonable proof of existence of the original
advertising sign as of the effective date of this ordinance.
(5) The replacement advertising sign shall comply with the other
requirements as set forth in this section.
b. All replacement advertising signs shall be subjectto the following requirements:
(1) The maximum area of the face of any replacement advertising sign
shall be four hundred (400) square feet with maximum length of
fifty-five (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 eight hundred and fifty (850) feet of an interstate highway,
in which case the maximum area of the face of any sign shall not
exceed seven hundred (700) square feet inclusive of border and
trim. In the case of two signs erected on one structure, such as
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399
back-to-back signs or V -type signs, each sign face shall conform to
these restrictions.
(2) No two advertising signs shall be less than one thousand (1000) 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.
(3) No replacement advertising sign shall exceed a height restriction of
forty (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.
(4) 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.
(5) 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.
(6) Replacement advertising signs shall not be permitted in the
following areas:
(a) 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.
(b) Within five hundred (500) feet of the centerline of U.S.
62/Albers Barkley Drive from the intersection of U.S. 62 and
Olivet Church Road to the intersection of U.S. 62 and U.S.
45.
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400
(7) No replacement advertising signs shall be constructed within an �
area of three hundred (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.
Section 19. Signs Constituting a Nuisance - Abatement.
a. The following signs shall constitute a nuisance:
(1) A sign in a dilapidated or unsafe condition or in a condition of disrepair. J✓)
(2) 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.
(3) An advertising sign which advertises a business or a product which is no
longer in existence or being sold.
(4) A sign which remains in place following the period of time within which
the sign was to have been removed.
(5) A sign which is in nonconformance with the provisions as set forth in this
Chapter.
b. 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:
(1) Be in writing;
(2) Specify the identity of the sign and its location;
(3) Request the nuisance to be abated; and
(4) Advise the party(ies) that they have thirty (30) 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.
C. 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 tag 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
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401
enforcement officer shall make an affidavit attesting to such facts.
d. 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.
e. Any interested party may appeal the decision of the enforcement officer by
appealing to the Board of Adjustment in accordance with Section 126475. If an
appeal is taken within the thirty (30) 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.
E 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 thirty (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.
g. 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
-19-
rate of eight percent (80/6) per annum.
.Section 20. Severability.
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, an provision hereof separable from
all other sections, paragraphs and provisions.
Section 21. Penalty.
Whoever violates any provision of this ordinance shall be guilty of a misdemeanor and
shall, upon conviction, be subjectto a fine of not more than $500.00, or imprisonment for not more than
30 days, or both, for each offense.
Section 22. Effective Date.
The effective date of this Ordinance shall be the date of the publication of this Ordinance.
William Paxton, May
ATTEST:
&64.
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, October 8, 2002
Adopted by the Board of Commissioners, October 22, 2002
Recorded by Tammara S. Brock, City Clerk, October 22, 2002
Published by The Paducah Sun, October 29, 2002
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