Loading...
HomeMy WebLinkAbout2015-11-8325447 ORDINANCE NO. 2015-11-8325 AN ORDINANCE AMENDING CHAPTER 126- 72, "HOMELESS SHELTERS" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,KENTUCKY WHEREAS, this Ordinance amends Chapter 126, Sec. 72, "Homeless Shelters," of the Code of Ordinances of the City of Paducah, Kentucky; and WHEREAS, this Ordinance is being enacted pursuant to mandates imposed by Kentucky Revised Statute § 65.870 (KRS 65. 870 as may be amended), in particular those parts that prohibit local governments from occupying any part of the field of regulation of the manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or transportation of firearms, ammunition, components of firearms, components of ammunition, firearms accessories, or combination thereof. NOW THEREFORE be it ordained by the City Commission of the City of Paducah as follows: SECTION 1. That Chapter 126-72, "Homeless Shelters," is hereby amended and restated to read as follows: CHAPTER 126 — ZONING "Sec. 126-72. Homeless Shelters. The purpose of this section is to establish regulations for the location of homeless shelters in the R-3, R-4, B-1, B-3, M-1, M-2 and M- 3 zones. Objectives include minimizing land use conflicts and ensuring that there are adequate services for homeless individuals within the vicinity of the shelter. (1) "Shelter for the homeless" shall mean housing that is limited to occupancy of 365 days or less by a homeless person. (2) Conditional use permit required. Homeless shelters shall only be permitted in the zones listed herein upon receipt of a conditional use permit. The operation of all shelters for the homeless within the City of Paducah shall be contingent upon receiving a conditional use permit from the Board of Adjustment in accordance with section 126-68 of the Code of Ordinances of the City of Paducah. (3) Each shelter for the homeless shall comply with the following conditions: a. A shelter for the homeless shall provide a minimum of 200 square feet of heated building space per resident. b. Shelters for the homeless may not be located within 1,000 feet of any other shelter for the homeless, or from any use which could be classified as a Shelter for the homeless. c. Operation. 1. Shelters for the homeless shall be fully contained within a building owned and/or operated by a government agency or nonprofit organization. 2. The operator of a shelter for the homeless shall provide continuous, on-site supervision by an employee and/or volunteer during all hours of operation. 3. No retail sales shall take place on the property of any shelter for the homeless. 4. eecupaney. A shelter for the homeless may house no more than 50 residents. 5. All homeless shelters shall create and adopt a Code of Conduct that shall be enforced at all times. The Code of Conduct shall include at a minimum the following language: i. Possession or use of illegal drugs is not permitted on the premises. ii. Alcohol is not permitted on the premises. iii. Federal and State gun control laws shall be strictly enforced on the premises. Weapons are not peFmit4ed on the p iv. Violence is not permitted on the premises. V. Fires are not permitted on the premises. vi. Loitering in the surrounding neighborhood is not permitted. vii. Littering on the premises or surrounding neighborhood is not permitted. -i - - - - SM. I r 6. A copy of this said Code of Conduct shall be provided to the Zoning Administrator of the City of Paducah for review by the Board of Adjustment. 7. Wig. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the neighborhood. 8. Laundry faeil ties. The development shall provide laundry facilities or laundry services adequate for the number of residents. 9. Genunen f4eilities. The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff: i. Central cooking and dining room(s). ii. Recreation room. iii. Counseling center. iv. Child care facilities. V. Other support services. 10. OutdeFor the purposes of noise abatement in residential districts, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 9:00 p.m. 11. Staff and services shall be available to assist residents in obtaining permanent shelter and income. 12. The operator of a shelter for the homeless shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. 13. Homeless shelters located in residential districts, when not developed in an individual dwelling unit format, shall not be subject to the underlying zoning district's maximum unit density standard, but the number of beds shall be limited to six times the maximum number of dwelling units which would otherwise be permitted. 14. Shelters for homeless shall be located within 2,500 feet of a public transportation route." SECTION 2. SEVERABILITY. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 3. COMPLIANCE WITH OPEN MEETINGS LAWS. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 4. CONFLICTS. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. i, / MAYOR '" — • _ _ _ , ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, November 10, 2015 Adopted by the Board of Commissioners, November 17, 2015 Recorded by Tammara S. Sanderson, City Clerk, November 17, 2015 Published by The Paducah Sun, November 19, 2015 \ord\plan\126-72-homeless shelters -weapons