HomeMy WebLinkAbout2007-4-7269IN
ORDINANCE NO. 2007-4-7269
AN ORDINANCE AMENDING CH. 126, ZONING OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 120, "Neighborhood Services Zone", of
Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is
hereby created to read as follows:
Sec. 126-120. Neighborhood Services Zone (NSZ)
The purpose of this district is to provide for residential uses, and
encourage such development by right according to standards that will ensure harmony
with the existing_ historic residential environment. Additionally, itis the purpose of this
district to allow for home based commercial activity that closely reflects the community
character.
1) Principal Permitted Uses
a. Single-family dwellings.
1. Minimum lot area: 8,000 square feet
2. Minimum lot width: 50 feet.
b. Two-family dwellings and town houses with no more than two
attached units per town house.
1. Minimum lot area: 4,000 square feet per unit.
2. Minimum lot width: 30 feet per unit.
c. Park playground or community center owned and operated by
governmental agency.
2) Conditional Permitted Uses: the following uses are special
exceptions and shall require written approval from the Board of Adjustment:
a.
Multi -Family Dwellings
1. Minimum lot area per unit: three or more units, 3,000
square feet per unit.
2. Minimum lot width: 75 feet.
b.
Home Occupations
c.
Professional offices
d.
Day Care Nurserie's
e.
Beauty shops and barbershops
f.
Florist Shops
g.
The following uses provided they are conducted wholly within a
building except for off-street loading and unloading:
1. Retail establishments (product processing is allowed only if
the products are sold at retail on the premises);
2. Personal and convenience service establishments;
3. Restaurant's (Excluding drive-thru)
4. AU other use not listed which, in the Commission's
opinion would be compatible with the above uses.
3)
Height regulations.
a.
The following height regulations shall apply to buildings and
structures within the Neighborhood Services Zone.
1. Minimum height: None
2. Maximum height: 36 feet, however, additional feet may be
allowed with design approval from the HARC based on the
scale of adjacent structures.
4)
Setbacks.
a.
Front Yard: 25 feet.
b.
Side yard: 6 feet.
c.
Rear yard: 25 feet.
Lt�i.. _. :wM►. �....� ubm,.«....u_l._�.
_ �s+immnl
yi. _. ,., ,. ..,...,,m................:..............�..,....,.,..,.' . «-.�...�...,..� ......1„4..«,.
259
5) Additional Regulations:
a. Off-street loading areas may not face any public rit-of-way.
b. No loading or unloading shall be allowed between 9:00 p.m. and
7:00 a.m.
c. Parking Requirements. Same as section 126-101(2)f.
d. The Historical and Architectural Review Commission (HARC)
shall have sole jurisdiction as a special board of adjustment over
the Neighborhood Services Zone pursuant to KRS 100.217 and
KRS 82.026.
e. Accessory Structures. Same as Section 126-86
6) Plan approval required for new/infill construction and for changes
in exterior appearance. In order to maintain the existing character of the neiLyhborhood.
plans for architectural design, site layout, or changes in style of architectural elements
must be approved by the Historic & Architectural Review Commission (HARC). HARC
may require changes to the plan as deemed necessary or desirable to insure proper design
standards, to minimize traffic difficulties, to safeguard adjacent properties, and to
preserve the intent of the Neighborhood Services Zone.
a. Certificate of Zoning Compliance required.
1. No person shall, without first applying for and obtaining a
special conditional use permit, to be known as a Certificate
of Zoning Compliance, make anchanges in exterior
appearance to any exterior portion of any structures in the
Neighborhood Services Zone. A Certificate of Zoning
Compliance must be issued by the Planning Department
before a building permit can be obtained.
2. Infill/New Construction and additions to existing
structures. All new construction and additions to existing
structures must first be issued a Certificate of Zoning
Compliance before any construction begins.
3. Existing Structures.
a. Changes to the design or style of any exterior
feature on an existing structure requires a
Certificate of Zoning Compliance.
b. Administrative approvals. In the following
instances, Certificates of Zoning Compliance can be
issued by the Zoning Administrator.
1. In instances where the designyle of any
exterior feature is replicated and replaced
with a new material, the Zoning
Administrator has the authorijy to
administratively approve the application for
a Certificate of Zoning Compliance. The
proposed materials must comply with the
approved building materials list found in the
design guidelines.
2. New accessory structures that use the same
building materials and an appropriately
sized and style of windows and doors that
complement the existing primary structure
can be administrativelyapproved. Features
considered include structure orientation,
openings, roof pitch, siding, and color
scheme.
3. Trees. Cutting or removal of trees that are
more than one foot in diameter measured at
one foot off of the ground require a
Certificate of Zoning Compliance. Removal
of trees can be approved administratively
4. Repainting. Changing the color of a surface
that has alreadypainted can be
approved administratively.
260
5. Fences. Fences that are determined to
comply with the advisory design guidelines
can be approved administratively.
6. Demolitions. AU proposed demolition of a
principal structure requires a Certificate of
Zoningt Compliance prior to obtaining a
demolition permit. Demolitions outside of
the demolition control zone can be approved
administratively.
b. Applications for a Certificate of Zoning Compliance.
1. Applications for a Certificate of Zoning Compliance are
submitted to the Planning Department.
2. A public hearing is required on all applications except for
administrative gpprovals as outlined in this section.
3. Grounds for Ryanting a Certificate of Zoning Compliance.
HARC must make written findings of fact as follows:
a. The proposed exterior changes comply with the intent of
the Neighborhood Services Zone.
b. The proposed exterior changes are in harmony with the
adopted designguidelines.
c. The HARC shall adopt design guidelines for the Neighborhood
Services Zone to act as a guide for board decisions on plan
approvals and changes to the exterior appearance of existing
structures. The document shall be made available to the public to
aid in the design approval process.
d. Maintenance and safety standards.
1. All buildings within this zone shall be maintained to meet the
requirements of the building code and property maintenance
codes of the city including the Enhanced Property
Maintenance Standards.
2. Enforcement of safety standards. Nothing in this section
shall be construed to prevent the city Building Inspector from
all state statutes and provisions of this Code and
enforcing
.
any other ordinances of the city pertaining to the public
safety.
e. Appeals AM person aggrieved by any action of the Zoning
Administrator may appeal their decision to the HARC Board
pursuant to KRS 100.257. AU person aggrieved by any action of
the HARC may appeal the decision thereof to the Circuit Court in
the manner prescribed for appeals from actions of boards of
a&stment.
SECTION 2. That Section 121, "Neighborhood Commercial Corridor
Zone (NCCZ)," of Chapter 126, Zoning, of the Paducah Code of Ordinances is hereby
created to read as follows:
Sec. 126-121. Neighborhood Commercial Corridor Zone (NCCZ)
The purpose of this district is to provide for a mixture of commercial and
residential uses and encourage such development by right, according to standards that
will ensure harmony with the existing commercial and residential environment.
Objectives of this district include the following: (i) creation of a dynamic street life,
encouraging the placement of buildings close to property lines, and or heavily landscaped
yard areas in order to engage pedestrians and de-emphasize parking facilities; (ii)
facilitation of development that demonstrates an appropriateness of scale; (iii)
encouragement of landscaped spaces available for pedestrian use (e.g., pocket parks tree
lined streets and walkways).
261
1) Principal Permitted Uses — The following uses may not exceed
4,000 square feet of gross floor area. This area requirement may be
waived based on a design concept gpproved by the Planning
Commission that will not have an adverse impact on the
neighborhood.
a. AU principal use permitted in an R-4 Zone
b. Bed & Breakfast
c. Home Occu ations
d. Funeral homes
e. Commercial greenhouses 1\
f. Beauty shops and barbershops
g. Florist Shops
h. Restaurant (Excluding drive-thru)
i. Assembly Building of cultural. fraternal. brofessional and labor
organizations
j. The following uses, provided they are conducted wholly within
a building except for off-street loading and unloading
section may be waived by the Planning Commission at a public
hearing based on the effect of the proposed use to the
neighborhood.
1. Retail establishments (product processing is allowed
only if the products are sold at retail on the premises);
2. Personal and convenience service establishments;
3. Cleaners
2) Plan Approval:
a. New infill commercial construction. Plans for site layout shall
be approved by the Planning Commission, and it may require
changes as may be deemed necessary or desirable to insure
proper design standards, to minimize traffic difficulties, to
safeguard adjacent properties and to preserve the intent of the
neighborhood commercial corridor.
b. Residential Conversion. The Zoning Administrator and City
Engineer in compliance with the intent of this chapter shall
approve plans for site layout.
c. Infill Residential. The Building inspector in compliance with
the intent of this chapter shall approve plans for architectural
design and site lam
3) Building Materials: The following approved materials list shall
apply to all new construction projects within the NCCZ.
a. Exterior Siding & Details - wood, cement fiberboard,
traditional brick veneer with true mortar joints, appropriate
stone no concrete block, or vinyl or aluminum.
b. Roofs - slate, composite shingles, or metal
c. Soffits, fascia & trim - wood, cement fiberboard (hardi-plank;
must be smooth faced), high-density _pol er permacast,
fypon or other similar brand), smooth faced vinyl or aluminum
siding.
d. Windows may be constructed of wood, wood clad, vinyl, or
fiberglass.
e. Doors — wood, fiberglass, or steel doors;
f. Foundations - traditional brick veneer, lap siding, or '
appropriate stone (no concrete block)
g. Building fagade at front and side street shall change every 30,
minimum in height, or setback, or material.
4) Commercial/Residential Structure Setbacks:
a. Primary street frontage: no minimum reauired: 10 feet
maximum
1. Setbacks for new residential structures must be alis_ ned
with adjacent structures.
262
b. Secondary street frontage: no minimum required 10 feet
maximum
c. Side yard: 6 feet
d. Rear yard: None
5) Height regulations: The following height regulations shall apply to
buildings and structures within the Neighborhood Commercial
Corridor Zone.
a. Minimum height: None
b. Maximum height: 2.5 stories, however, additional stories may
be allowed with design approval from the Planning
Commission.
6) Parking Regulations: Parking shall be in compliance with Section
126.71. All off-street parking shall be placed to the rear of the
principal structure.
7) Square footage bonuses: Following below is a list of bonuses that
may be granted in return for certain amenities. The bonuses may be
applied to increase the square footage of a permitted use.
a. For every one square foot of landscaping above those required
in Section 126-83 an additional (0.25) square feet of building
floor area shall be granted.
b. For every one (1) square foot of space used for a courtyard or
plaza an additional 1 square feet of building floor area shall be
granted.
8) Additional Regulations:
a. Off-street loading areas may not face any public right-of-way.
SECTION 3. That Section 76(g), "Signs authorized for R-1, R-2, R-3,
NSZ, and R-4 Zones," of Chapter 126, Zoning, of the Code of Ordinances of the City of
Paducah, Kentucky, is hereby amended to read as follows:
(g) Signs authorized for R-1, R-2, R-3, NSZ, and R-4 Zones. No signs
shall be permitted in the R-1, R-2, R-3, and NSZ and R 3 zones in the city except as provided in
subsection (e) above, 7 below 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 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. Non-
commercial public or private schools may have an electronic message
sign. 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 (e)(5).
(5) One 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 ten feet. Such signs may only be
illuminated indirectly.
263
(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
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.
(7) One fagade sign shall be permitted on any lot in the NSZ. Such signs
shall only be approved for Conditional Permitted Uses. Such sign shall
be permitted provided the sign is no larger than 8 square feet in area per
sign face. Such signsy only be illuminated indirectly.
SECTION 4. That Section 76(o), "Application, fees, and penalties," and
(p), "Reserved," of Chapter 126, Zoning, of the Code of Ordinances of the City of
Paducah, Kentucky, are hereby amended to read as follows:
o) Sims authorized for NCCZ. No sign shall be permitted in the
NCCZ Zone except as provided in subsections (e) and (g) and as
provided as follows:
(1) Only one freestanding monument sign shall be permitted on any lot
in the NCCZ zone. Such sign shall be permitted provided the
sign is no larger than 16 square feet in area per sign face -and be
no taller than 6 feet. Such sign may only be illuminated
indirectly.
(2) One fagade sign shall be permitted per tenant in the NCCZ zone.
Such sign shall be permitted provided the sign is no larger than
20 square feet in area per sign face. Such signs matey be
illuminated indirectly.
(3) Private directional signs indicating entrance, exit, or location of
parking shall be permitted in the NCCZ 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.
(p) Application, fees, and penalties.
(1) No sign, i, 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:
a. A completed application form.
b_ . 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.
0
c. Detailed sign information including_type of construction,
method of illumination, dimensions, methods of mounting
and/or erecting and other similar information.
d. Engineering eering design on footing and structure for signs
exceeding 40 feet in height.
(2) 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 5. That if any section, paragraph or provision of this ordinance
ive ineffective or invalid for an cause the deficiency or
shall be found to be inoperative, y y
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 6. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
jV
j Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, March 27, 2007
Adopted by the Board of Commissioners April 17, 2007
Recorded by Tammara S. Brock, City Clerk, April 17, 2007
Published by The Paducah Sun, April 24, 2007
\ord\plan\zone\126-create neighborhood zones
264