HomeMy WebLinkAbout2003-8-6671534
ORDINANCE NO. 2003-8-6671
AN ORDINANCE AMENDING SECTIONS WITHIN CHAPTER 90 OF THE
CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 90-3, General Regulations, of the Code of Ordinances
of the City of Paducah, Kentucky, is hereby amended to read as follows:
Sec. 90-3. 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 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
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.
(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.
(k) 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.
(m) 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
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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. Message Sims are allowed as
accessory signs on reestanding signs The area of the message sign shall be included in the total
allowable sign area. (See Illustration #1).
nbardim Hi
Miebsring Me .fres & Hei& C' ASiai
Illustration #1
SECTION 2. That Section 90-4, Regulations for temporary signs, of the Code of
Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
Sec. 90-4. 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 16 square feet in area per sign face with the bottom of
the sign to be no higher than two 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 200 feet if the
lot has over 200 lineal foot of frontage. Such signs shall be removed within ten days following
the election event.
(3) Notwithstanding the effective date of this chapter, subsection 90-4(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 days after completion of the sale,
at which time such signs shall be removed.
(2) 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.
(3) 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.
(4) Such signs may be located within seven 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 16 square feet in area per sign face.
(2) Such signs shall be erected no more than 30 days prior to the beginning of
construction.
(3) Such signs shall be removed within ten days after completion of construction.
(4) Such signs may be located within seven feet of a street right of way line.
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(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 32 square feet in area per sign face.
(3) Each property or tenant shall be limited to two such signs. Such signs shall be
located on the site being advertised.
!' (4) Such signs shall not be erected for a period of more than 30 days.
(e) Temporary signs which advertise or promote general events shall also be in compliance
with section 98-5 of the Code of Ordinances.
(f) Temporary signs which advertise or promote circuses or carnivals or other special events
shall not exceed 100 square feet and shall be erected within 20 days of the event and removed
within 10 days following the event, and shall otherwise comply with the provisions of section 78-
5 of the Code of Ordinances. Each special event is limited to two such signs on the property the
special event is being held on.
(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 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 3. That Section 90-7, Signs Authorized for R-1, R-2, and R-4 Zones,
of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as
follows:
Sec. 90-7. 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 90-5 above and as provided as follows:
(1) Signs with nameplates affixed to the exterior wall of a structure and not exceeding
18 inches by 24 inches in area shall be permitted for each single family dwelling unit. Such
nameplates shall indicate nothing other than the name of the premises, and/or the name and/or
address of the occupants. Such signs may only be illuminated indirectly.
(2) A sign identifying the name of subdivisions and public or private schools shall be
permitted provided such signs do not to exceed 48 square feet in area per sign face. Such signs
may include an attached or freestanding announcement sign. Subdivision signs may only be
illuminated indirectly. Public or private school signs may be lighted. 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 90-5(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 10 feet . Such signs
may only be illuminated indirectly.
(6) Private directional signs indicating entrance, exit, or location of parking shall be
�y 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.
SECTION 4. That Section 90-11, Signs authorized for B-1, B-2, B-3, M-1, M-2,
M-3 and BBD Zones, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
amended to read as follows:
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Sec. 90-11. 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 90-5 and 90-7 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) 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 square feet in surface area for each sign face
and the height shall not exceed 30 inches from the street level. These signs shall not be placed
within the public right-of-way.
(4) Only one free standing business sign shall be permitted on any lot, provided,
however, one additional sign shall be permitted for each additional 300 feet of frontage ewe
One (1) additional free standing business signs shall be permitted if the lot width isever- inn feet
eF 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.
(5) 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 Il7ustrat , 42). Lighted signs are permitted.
(6) Electronic message signs that change messages not more than once every five
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 20 percent
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 5. That Section 90-19, Signs constituting a nuisance—Abatement, of
the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
Sec. 90-19. 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.
(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 39 three 3 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
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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
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.
(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 126-175. If an appeal is taken within the -30
three 3 -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.
(f) The cost of the removal and disposal shall be accounted for by the enforcement officer. The
owner and occupant of the property upon which the sign is located and the owner of the sign
shall be jointly and severally liable for reimbursement of such cost. In the event the full amount
due the city for such service is not paid by such persons within 30 days after the disposal of the
nuisance, then and in that case, the enforcement officer shall cause to be recorded in the
McCracken County Court Clerk's office a sworn statement showing the cost and expense
incurred for the work, the date the work was done, and the location of the property on which the
work was done. The recordation of the sworn statement shall constitute a lien and privilege on
the property, and shall remain in full force and effect for the amount due in principal and interest,
plus attorney fees and court costs, if any, for collection, until final payment has been made.
,- Sworn statements recorded in accordance with the provisions hereof shall be prima facie
evidence that all legal formalities have been complied with and shall be full notice to every
" person concerned that the amounts due constitutes a charge against the property designated or
described in the statement and that the same is due and collectable as provided by law.
(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 and the lien which secures same. Interest shall accrue on such costs at
the legal rate of eight percent per annum.
SECTION 6. It was the intent of the City Commission that Ordinance No. 2002-
10-6588, which ordinance provides for a comprehensive scheme of regulations for signs, be
codified as a separate section under Chapter 126. Therefore, such ordinance, together with the
amendments herein, shall hereafter be removed from Chapter 90 and recodified under Chapter
126, Section 76.
SECTION 7. 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 8. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
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LI
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners July 22, 2003
Adopted by the Board of Commissioners August 12, 2003
Recorded by Tammara S. Brock, City Clerk, August 12, 2003
Published by The Paducah Sun, August 15, 2003
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Mayor