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HomeMy WebLinkAbout80-9-1980785 ORDINANCE NO. 80-9-1980 AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION RESPECTING THE AMENDMENT OF SECTION 62 OF THE PADUCAH ZONING ORDINANCE -1976. BY CREATING SECTIONS 62.11 THROUGH 62.23 AND REPEALING SECTIONS 62.01 THROUGH" 62.07 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE CITY OFf_PADUCAH, KENTUCKY: SECTION 1. That a resolution adopted by the Paducah Planning Com- mission on August 18, 1980 1980 entitled, "A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED AMEND- MENT OF SECTION 62 OF THE PADUCAH ZONING ORDINANCE -1976", be approved as the final report of said Commission respecting the matters therein set forth. SECTION 2. That Section 62, Historical Zone, of the Paducah Zoning Ordinance -1976 be, and it is hereby, amended to read as follows: SECTION 62. HISTORICAL ZONE 62.11 Use Provisions for the Historical -Commercial Zone, H-1 The purpose of the H-1, Historical -Commercial Zone, is to encourage the development, redevelopment and the preservation of the City's historical -commercial area. (a) Principal Permitted Uses: (1) Any use permitted in a B -2-T zone (2) Any other use which the Historical and Architectural Review Commission (hereinafter called HARC) finds, based upon evidence at a public hearing, would not impair the historical integrity of the historical -commercial zone. (b) Minimum Yard Requirements _ None (c) Minimum Area Requirements None (d) Minimum Building Height `.= None (e) Screening Requirements _ Same as Section 40.17 (f) Parking Requirements - None 62."12. Use ' Provisions for the H'li ;toracal=Neighborhood ' Zone H-2 The purpose of the H-2 zone is -,,-to encourage 'the development, redevelop- ment and preservation of the City's, historic neighborhood areas. (a) Principal Permitted Uses: (1)-_ Any principal use permitted in an R-4 zone [2) funeral Homes (3) Beauty shops and barber shops (4). , Florist shops (5) - Lodging houses 786 (6) Assembly buildings of cultural, fraternal, professional and labor organizations. -(7) Antique shops (8) -Restaurants - (9) . Retail establishments provided they. are conducted wholly within a building except for off street loading and unload- -ing;' and �provi:dedJuether -that product -processing" i not allowed on the premises (10) Real estate agencies fitInsurance agencies --- (12) Dressmakers' establishments, and (13) Any similar use which the HARC finds, based upon evidence at a public hearing; -that would "not impair the Historical Integrity of the historical neighborhood zone. (b) The following dimensional requirements shall apply in all cases unless the HARC finds, based upon evidence at a public hearing, that deviation therefrom is consistent with Historical Integrity within the historic neighborhood zone: (1) Minimum lot area - 4,000 sq. ft. (2) Minimum side yard - 6 feet (3) Minimum front yard - 25 feet (4) Minimum rear yard - 25 feet (5) Maximum building height - 35 feet (c) Screening Requirements - Same as provided in Section 40.171 (e) . For the purposes of screening between the H-2 zone and all adjoin - Ing zones, the H-2 zone shall be treated as residential property under Sections 40.171 (a) and. (b) (d) Parking Requirements. - Same as provided in Section 40.16, pro- vided that parking areas will bePlacedto the rear 'of the rear line of the principal structure upon any lot unless the HARC shall find, upon evidence at a public hearing, "that the waiver -of this provision 'shall- only minimally affect the Historical Integrity of the neighborhood zone. (e) The requirements of Sections 4.0.03; 40:04 and- 40; 05 of- this Ordinance may be -waived -by HARC, upon a finding based on evidence at a public hearing that such waiver will not impair the Historical Integrity of the neighborhood zone'. (f) Sign Regulations The sign -:'regulations for residential structures within the H-2 zone shall be the same as -are provided for the R-1, R-2 and R-3 zones in Section: 40.21-(e) of -this Ordinance. Sign regulations for structures other than- residences within the zone shall be the same as provided for the R-4 'zone. in Section 40.21 (f), 787 provided, however, that no sign shall be lighted by artificial light of'a greater intensity than provided in Section 40.21 (e) (3) of this Ordinance. 62.13 Standards for Determining Historical Integrity The criteria to be applied in determining the existence of "Historical Integrity" as that phrase is used in this Ordinance shall' be: (a) -' 'That the proposed action is in harmony with the` wording and intent of this Section. rop. p complementary -- (b)'"� � Than the- osed action wrl I be com lementar to al I conforming structures within the zone. (c)" That the''proposed"action -is^in conformity with at least a majority �bf" the appfi'i�cable guidelines for exterior features promulgated by the Secretary of the Interior of the United •States- '1n the publication, "Standards of Rehabilitation" (January, 1979, Revision: GPO 937 843) . (d) That those portions of the affected real estate which are ordinarily V1b'le from'any pullac='roadway wtiiin the zone' ar'e characteristic in appearance to architectural styles, materials and color shown by the evidence` to have been prevalent' in' -Paducah between the years 1830 and 1910 A.D. 62.14 Nistorical and Architectural Review Commission (HARC) There is hereby established a Special Board of Adjustment pursuant to KRS 100.217, which shall be known as the Historical and Architectural Review Commission (HARC), which shall have sole and exclusive juris- diction as a Board of Adjustment over the historical zones within the City. 62:1'5 Membership --of HARC The HARC shall consist of five members, each to be appointed by the Mayor and -approved: by the =City Commission. The term of office of the members shall be three (3) years, except the terms of two members of the original commission shall expire within two (2) years and the terms of -one-member-of, the original commission shall expire within one (1) year. An appointment to fi`II a vacancy "shall 'be for the unexpired portion of the term only. The HARC shall be a highly specialized administrative body, and- where -''practicable, its membership shall include at'' least one` architect and at least one historian qualified in the field of historical preservation, and all members shall have an interest in historic preservation and a background of historical study. '62.46 Powersand 'Duties of HARC The HARC is -invested with the following powers and. -duties ___. (a) The HARC-shall have all powers- and duties applicable"to a Board of Adjustment as provided in the Ordinance and by KRS, limited, however, tothe boundaries of the historical zones within the City. (b) The HARC is authorized and empowered to act as a fact finding body and to thereby implement the provisions of this Section which require factual determinations. 788 (c) The MARC is authorized and empowered to grant waivers or variances from the provisions of this Section in those instances where such waivers or variances are specifically authorized by the provisions hereof. (d) The MARC is author! -zed and, empowered to -grant -Certificates of Appropriateness as here-einafter--provided. (e) The MARC is authorized to coordinate and advise with other federal, - state, and local --administrative boards- and-private.,foundat ions with- in its area of interest, and to make such studies as it may deem appr-opriate; -provided,, however, that -in this- capacity the subpoena power reposing in it shall not be;utilized. ,.,,(f) .The..MARC shall, keep such -minutes and records as- are required of a Board of Adjustment. - (.g) The MARC -shall =,adopt -such, rules -_and regulation's -as it „may deem necessary- to carry out its:,funct.ions un r the - rov, isions of this Ordinance-,.,::f­ 62.17 ;rd,inance,., 62.17 Conditional Use Certificate of Appropriateness No, person =shal-l; ; without ,first.'applying for -and obtalnirrg. special con- .... ditionaU use permit, to be, known a -s a Certificate of Appropriateness, cause or permit any of the following changes in exterior appearance of real estate in which he has a legal ' or equitable interest lying within a historical zone: (a) Additive changes: (1) Moving any principal or accessory building onto or within any: lot- in the -zone.: (2) Material change of the exterior appearance of any_ -existing building by addition, reconstruction, alteration or maintenance, including change in color, form or texture- of materials. (3) Construction of any -new principal or accessory .building, patio, court yard, parking lot, swimming pool, basketball court, tennis court or :other real estate appurtenance. (b) Changes by removal-.- --(I) _ - -Demolition'-of-any principal or accessory building (2) ,Mov.1-ng any principal or- accessory- 'bui[ding from the historical zone (3) Cutting or removal of trees more than one foot in diameter measured; at.a -height of one -foot;- provided: however, that nothing contained in this ordinance shall be construed to hinder or delay the removal of -trees; ;which create a danger or hazard to life or property. (c) The words "changes in exterior appearance", as used in this sub- section -shall, apply -.-to alterae tions- or changes which arordinarily visible from any public roadway within a historical zone (excluding alleys) . 62 1S,; Appl-ication for: Certificate- of 'Approp --lateness Before, the commencement of any work for which a,- Certificate of Appropri- ateness is requ=ired -as hereinbefore provided, an,application to the MARC therefor shall be made by..the owner and filed i -n the Office of Planning and Zoning. The application- shall include,. where applicable, a drawing of the proposed facade and full plans and specifications relating to 789 appearance, color, texture (of materials) and architectural design of all portions of the proposed work which, upon completion, will be ordinarily visible from any public roadway within the zone. 6.2.19. Procedure upon Application for Certificate Upon the submission of a Certificate of Appropriateness, the same shall be placed upon the agenda for the next meeting. -of the HARC for which the agenda. has .not, under the -rules of the .HARC, _.been completed, and the applicant shall be advised by_ the Office .of Planning and Zoning of the date, time and _place of that -meeting. At that meeting,. an informal dis- cussion of the application will_. be. held, and the members of the HARC may make suggestions for alterations of the proposal. to- more nearly comply with the terms of this Section. , Also, at the. initial, meeting, the HARC shall set a date, time and place in the reasonably near future for a public hearing. 62.20 Public Hearing 'on Certificate of' Appropriateness The HARC shall hold a public hearing on each application -for a Certificate of Appropriateness submitted to it, after notice is given in the same manner as for hearings before the City Planning and Zoning Commission. The HARC may: (a) Approve the application, or (b) disapprove the application, or (c) Disapprove the application as submitted but approve the same with such,. modifications as. it may. deem necessary to bring it into com- pliance with Historical Integrity, or (d) Defer the decision ' for a period of -no longer than one month and one week. The HARC, shall make written findings of fact upon which its decision must rest. 62.21'.' Grounds for Granting Certificates of 'Appropr'iateness (a) Additive Changes: Certificates of Appropriateness pertaining to the moving of buildings into or within a historical zone, materially changing appearance, new construction, or changing walls or fences shall be granted upon application therefor it the HARC finds as fact either: (1) That the proposed. addition -of improvements -will not ordinarily be visable from any public roadway within the zone, or (2). That all four .Standards for determining Historical Integrity have been met. (b) Changes by Removal: Certificates of Appropriateness pertaining to moving buildings from a historical zone, demolition of buildings or cutting trees shall be granted upon application therefor if the HARC finds as fact either: 790 (1) That the denial of the proposed action would deprive the landowner of the reasonable use of his land or a fair return on his investment therein, or (2) That those portions of the thing sought to be removed which are ordinarily. visible from. any y public roadway within the zone do not and -ca-nnot with- reasonable`'restoration 'efforts meet the standards for _determining Historical Integrity as setforth in this Ordinance. 62.22 Maintenance and Safety (a) `Nothing in this Section shal'I be construed to prevent the ordinary maintenance or .repair of any exterior elements. of any building or structure within a historic zone. "Ordinary maintenance or repair" as used herein shall be deemed to mean any work for which a building permit is not required by law, where the purpose and effect of such work is -to correct any deterioration or decay of or damage to a structure or any part thereof and to restore the same, as nearly as may be practical, to its condition. prior to the occur- rance of 'such deterioration, decay or damage. _ (b) ' All buildings' within"an historic zone shall be maintained to meet the _requirements of the building. code of the City of Paducah. (c) Nothing in this Section shall be construed to prevent the. City Building Inspector from enforcing all state statutes and" City ordi- nances pertaining to: the public safety. - 62.23 Appeals Any person aggrieved, by an -action of. the, HARC may appeal the .decision thereof to the Circuit Court in the.., manner - prescribed for appeals from actions of Boards of Adjustment. SECTION 3. That Sections 62.01 through .62.07 be, and they are hereby, repealed in their entirety. SECTION 4. 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 5. This ordinance shall be read on two separate days and will be effective upon publication of title and a certified summary hereof. r Mayor Introduced by the Board. of Commissioners August 26, 1980 Passed by the Board of Commissioners September ' 9, 1980 Recorded by Louise McKinney, City Clerk,. September 9, 1980 Published by The Paducah Sun September. 16, 1980.