HomeMy WebLinkAbout2021-04-8684ORDINANCE NO. 2021-04-8684
AN ORDINANCE AMENDING CHAPTER 126
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO
HISTORICAL ZONES
WHEREAS, any proposed change to the text of the zoning code must be referred to the
Paducah Planning Commission and recommendation made to the Paducah Board of
Commissioners before enactment; and
WHEREAS, a public hearing was held by the Paducah Planning Commission on March
15, 2021, after advertisement pursuant to law; and
WHEREAS, the Paducah Planning Commission duly considered said proposal and has
heard and considered the objections and suggestions of all interested parties who appeared at said
hearing; and
WHEREAS, the Planning Commission adopted a proposal to change the text of Section
126-115 Historical Zones, H-1 and H-2 of the City of Paducah zoning ordinance; and
WHEREAS, the City desires to amend certain sections of the Paducah Code of
Ordinances to reflect the changes.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky hereby amends Section 126-115
Historical zones, H-1 and H-2 of the Paducah Code of Ordinances as follows:
Sec. 126-115. Historical zones, H-1 and H-2.
(a) Use provisions for Historical -Commercial Zone, H-1. The purpose of the H-1
14istorieal Commercial Zone zone is to encourage the development, redevelopment
and the preservation of the City's historical -commercial area.
(1) Principal permitted uses.
a. Any use permitted in a B -2-T Zone;
b. 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.
(2) Minimum yard requirements. None.
(3) Minimum area requirements. None.
(4) Minimum building height. None.
�Screening -req-a.h-e..n-(aSame -a.T��62 .
(6) (5) Parking requirements. None.
(b) Use provisions for Historical Neighborhood Zone, H-2. The purpose of the H-2 zone
is to encourage the development, redevelopment and preservation of the City's historic
neighborhood areas.
(1) Principal permitted uses.
a. Any principal use permitted in an R-4 zone; except multi -family dwellings shall
be conditional uses;
b. Funeral homes;
c. Beauty shops and barbershops;
e. d. Assembly building of cultural, fraternal, professional and labor organizations;
f. Anttgiie shops;
g. e. Restaurants;
h. f. Retail establishments, provided they are conducted wholly within a building
except for off-street loading and unloading, and provided further that product
processing is not allowed on the premises;
i. Deal estate ...-,-.....ies5
k. Dressmaker's bli l t Tailor shop; and
1. g. Any similar use which the HARC finds, based upon evidence at a public hearing,
that would not impair the historical integrity of the histerioal „eig4ber-h e
Historical Neighborhood zone.
2. Conditionally Permitted Uses
a. Lodging Houses
b. Multi -family dwellings. Existing single-family or two-family dwellings more than
fifty (50) years old shall not be subdivided into smaller dwelling units regardless
of lot size.
3. Dimensional requirements.
a. Minimum lot area:
1. Single-family dwelling: Four thousand (4,000) square feet.
2. Tye("c)Famil`r Two-family dwellings: Four thousand (4,000) square feet per
unit.
3. Multi -family dwellings: Three thousand (3,000) square feet per unit
b. Minimum side -a-d: Six (6) feet. Front yard: Twenty-five (25,) feet.
c. r?i ninii n front yu.,.. a_,1. T -we ty five (25 feet. Side yard: Six (6) feet.
d. Mie rear Rear yard: Twenty-five (25) feet.
e. Maximum building height is thirty-five (35) feet or no higher than two (2) feet
taller than the tallest principal building on either side of the proposed new
construction.
(4) Screening requirements. Same as provided in section X6-7-2 126-83. For the purposes
of screening between the H-2 zone and all adjoining zones, the H-2 zone shall be
treated as residential property i der sem .
(5) Parking requirements. Same as provided in section 126-71, provided that parking
areas will be placedto the reaf af behind 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
neighbor -heed this zone.
(6) Waiver of lot requirements. The requirements section 126-64 (b) and (c) may be
waived by the HARC, upon a finding based on evidence at a public hearing that such
waiver will not impair the historical integrity of the neap � '�arhee this zone.
(c) Standards for determining historical integrity. The criteria to be applied in determining
the existence of historical integrity as that phrase is used in this section shall be:
(1) That the proposed action is in harmony with the wording and intent of this section.
(2) That the proposed action will be complementary to all conforming structures within
the zone.
(3) That the proposed action is in conformity with at least a majority of the applicable
guidelines for exterior features promulgated by the Secretary of the Interior of the
United States in the publication "Standards of Rehabilitation" (January 1990 Revision:
GPO 230 394), as amended from time to time, and as set forth in any subsequent
edition of this publication. The proposed action is net addressed in the Standards f
�ierr.
(4) The proposed action is not addressed in the Standards of Rehabilitation.
(43 (5) That those portions of the affected real estate which are ordinarily visible from any
public roadway within the zone are characteristic in appearance to architectural styles,
materials and color shown by the evidence to have been prevalent in Paducah prior to
1940 or at the date of original construction of the structure, whichever date is earlier.
and a majority of the CeeretaFy St....,1. fds of Deh..hil:t..tioll
(6) The proposed new construction complies with the HARC Advisory Design Guidelines
and a majority of the Secretary Standards of Rehabilitation.
(d) Historical and Architectural Review Commission (HARC) established. There is hereby
established a special Board of Adjustment pursuant to KRS 100.217 and 82.026, which shall
be known as the Historical and Architectural Review Commission (HARC), which shall have
sole and exclusive jurisdiction as a Board of Adjustment over the historical zones, landmarks
and landmark sites within the City.
(e) Membership of HARC.
(1) The HARC shall consist of five (5) members, each to be appointed by the Mayor and
approved by the City Commission.
(2) The tern of office of the members shall be three (3) years, except the terms of two (2)
members of the original Commission shall expire within one (1) year. An appointment to fill
a casual vacancy shall be for the unexpired portion of the tern only.
(3) Vacancies shall be filled within sixty (60) days.
(4) The HARC shall be a highly specialized administrative body. Where practicable, its
membership shall include at least two (2) preservation -related professional members from
the fields of architecture, history, archeology, architectural history, planning or related
fields; and all members shall have an interest in historic preservation and a background of
historical study.
(5) When one (1) or two (2) professional members are not available for appointment, the
Mayor may appoint other persons interested in historic preservation to serve.
(6) When the HARC reviews an issue that is normally evaluated by a professional member
and that field is not represented by HARC, the HARC shall seek expert advice before
rendering its decision.
(7) Each member shall complete education credits in compliance with KRS 147A.027. All
training must pertain to the work of HARC.
(8) No member of the HARC shall vote on any matter that may affect the property, income
or business interests of that member.
(f) Powers and duties of HARC.
(1) General powers and duties. The 14 n nr : investe4 yAth the f lloy ng ,.owe«s and a..t:e...
a. The HARC shall have all powers and duties applicable to a Board of Adjustment as
provided in this section and by State law, limited, however, to the landmarks, landmark
sites and the 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.
c. The HARC 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 HARC is authorized and empowered to grant eeA fe,.tes of appre,.ri4eness
Certificates of Appropriateness.
e. The HARC is authorized to coordinate and advise with other Federal, State and local
administrative boards and private foundations within its area of interest and to make
such studies as it may deem appropriate; provided, however, that in this capacity the
subpoena power reposing in it shall not be utilized.
f The HARC shall keep such minutes and records as are required of a Board of
Adjustment, and it shall make available for public inspection its written minutes and a
written annual report of its activities, cases, decisions, special projects and
qualifications of the members. The minutes shall include the reasons for the decisions
made by the HARC.
g. The HARC shall adopt such rules and regulations as it may deem necessary to carry
out its functions under the provisions of this section. Such rules and regulations shall
include rules of procedure, which shall be made public.
h. The HARC shall hold at least four (4) meetings per year, held at regular intervals, in a
public place advertised in advance and open to the public. All meetings shall have an
agenda that is available before the meeting. The decisions of the HARC shall be made
in a public forum with applicants notified of the meeting and the decision.
i. The HARC shall conduct a continuing survey of historic buildings and areas and shall
prepare a plan for their preservation. The HARC shall conduct this work in accordance
with the guidelines of the State Historic Preservation Office. The HARC shall use the
preservation plan to assist the City in its overall planning efforts.
j. The HARC shall make recommendations for the designation of local historic districts,
landmarks and landmark sites.
k. The HARC may adopt additional guidelines for the protection of historic distriet
districts, landmarks and landmark sites.
The HARC shall participate in handling the National Register nominations which are
delegated to the City under the Certified Local Government Program. In the
development of the Certified Local Government Program, the City may ask the HARC
to handle other responsibilities that may be delegated to the City under the National
Historic Preservation Act.
in. The HARC shall advise and assist property owners and other persons and groups
concerned with historic preservation and shall undertake educational programs for the
public on historic preservation.
n. The HARC shall receive assistance in the performance of its responsibilities from a
city staff member or a person designated by the City who shall have expertise in
historic preservation or a closely related field. Other city staff members may be asked
to assist the HARC by providing technical advice or helping in the administration of
this section.
(2) Designation of historic districts, landmarks and landmark sites.
a. Consideration of the designation of a historic district or a landmark and landmark site
may be originated by the HARC, or by the filing of an application for designation by
a property owner, any resident of the City or any organization in the City. An
application shall be filed with the HARC in such form and accompanied by such
information as required by this section and the rules of the HARC. A person or
organization proposing a designation shall give the HARC the names and addresses of
the owners of the affected property and the owners of all adjoining property and
property across the street as listed on the tax rolls of the City. The HARC shall
promptly notify these owners by certified mail that the property is under consideration
for designation and that a public hearing is being held on the proposed designation by
the HARC. Written notice shall be considered sufficient when it is mailed to the
person at the address listed on the tax rolls of the City o h it is mailed to the !as
b. The HARC shall hold a public hearing on the proposed designation. The HARC shall
give notice of the time, place and reason for holding a public hearing thereon by one
(1) publication in a newspaper of general circulation in the City not earlier than twenty-
one (21) days or later than seven (7) days before the public hearing.
c. A historic district or landmark shall qualify for designation when it meets one (1) or
more of the following criteria, which shall be discussed in a report by the HARC to
the Planning Commission. The purpose of the designation of a landmark is to
encourage the preservation, rehabilitation and use of these buildings. Each designation
of a landmark shall include the designation of a landmark site, which shall consist of
the land on which the landmark and related buildings and structures are located and
the land that provides the grounds or the setting for the landmark. A historic district
or landmark shall be designated because of:
1. Its value as a reminder of the cultural or archeological heritage of the City,
State or nation Nation;
2. Its location as a site of a significant local, State or national event;
3. Its identification with a person or persons who significantly contributed to the
development of the City, State or natiea Nation;
4. Its identification as the work of a master builder, designer or architect whose
individual work has influenced the development of the City, State or Nation;
5. Its value as a building that is recognized for the quality of its architecture and
that retains sufficient elements showing its architectural significance;
6. Its character as a geographically definable area possessing a significant
concentration of sites, buildings, objects or structures united by architectural
styles or a plan of physical development; or
7. Its character as an established and geographically definable neighborhood,
united by culture or past events.
d. The public hearing of the HARC shall be held within sixty (60) days after the
designation was proposed. The HARC shall then vote on whether the proposed
designation should be recommended for approval or should be disapproved. After
voting to recommend that an application for the establishment of an historic district or
a landmark be approved, the HARC shall forward its recommendation with its reasons,
in writing, to the Planning Commission.
e. The Planning Commission and the City Commission shall follow the procedures for
the amendment of this section when they vote to approve or disapprove the designation
of an historic district or a landmark. The comprehensive plan and the zoning map shall
be amended before a designation of an historic district or a landmark shall be approved
and shall take effect. The Planning Commission and the City Commission shall act on
a proposed designation within one hundred twenty (120) days after the HARC makes
its recommendation. The City Commission shall not approve the recommendation to
designate a landmark site without the approval of the landowner upon which the
landmark is located.
f The HARC shall notify each owner of the decision relating to the property and shall
arrange that the designation of a property as a landmark or as a part of an historic
district be recorded in the land records of the County. The HARC shall also give notice
of the decision to the government offices in the City and County, which shall retain
them for future use.
g. The amendment or rescission of any designation shall be accomplished through the
same steps as were followed in the original designation.
(3) Nominations to the National Register of Historic Places.
a. To participate in the Certified Local Government Program established by the National
Historic Preservation Amendments Act of 1980, the City shall initiate all local
nominations to the National Register of Historic Places and shall request the Mayor
and the HARC to submit recommendations on each proposed nomination to the
National Register. The Mayor and the HARE shall obtain comments from the public
that shall be included in their National Register recommendations. Within sixty (60)
days of the receipt of a nomination from a private individual or the initiation of a
nomination by the City, the City shall inform the State historic preservation office and
the owner of the property of the two (2) recommendations regarding the eligibility of
the property. If the Mayor and the HARC do not agree, both opinions shall be
forwarded in the City's report. If both the Mayor and the HARC recommend that a
property not be nominated, the State historic preservation office shall inform the
property owner and the State Review Board, and the property will not be nominated
unless an appeal is filed with the State Historic Preservation Officer.
b. If either or both the Mayor and the HARC recommend that a property should be
nominated, the nomination will receive a preliminary review by the Kentucky Historic
Preservation Review Board. The Review Board shall make a recommendation to the
State Historic Preservation Officer, who decides whether to forward the nomination to
the U.S. Secretary of the Interior, who shall make the decision on listing the property
on the National Register. The Mayor, the HARC or the property owner may appeal the
final decision by the State historic presen ..tio o ffiee Historic Preservation Officer.
(g) Certificate of Appropriateness required for changes in exterior appearance.
(1) Generally. No person shall, without first applying for and obtaining a special conditional
use permit, to be known as a Certificate of Appropriateness, cause or permit any of the
following changes in exterior appearances of real estate in which such person has a legal
or equitable interest lying within an historical zone or on a landmark site:
a. Additive changes:
1.Moving any principal or accessory building onto or within any lot in the zone or
on the landmark site.
2. Material change of the exterior appearance of any existing building by additional
reconstruction, alteration or maintenance, including change in color, form or
texture of materials.
3.Construcfion of any new principal or accessory building, patio, courtyard,
parking lot, swimming pool, basketball court, tennis court or other real estate
appurtenance.
b. Change by removal:
1.Demolition of any principal or accessory building.
2.Moving any principal or accessory building from the historical zone or the
landmark site.
c. The term 'change in exterior appearance," as used in this subsection (g), shall apply to
alterations or changes which are ordinarily visible from any public roadway within an
historical zone or adjacent to a landmark site, excluding alleys.
d. The determination of ordinarily visible from the roadway is made by the Zoning
Administrator. Appeals of the Zoning Administrators decision can be made to HARC in
accordance with KRS 100.261 .
(h) Application for Certificate of Appropriateness.
(1) Before the commencement of any work for which a Certificate of Appropriateness is
required as he_einbe f re pre, :,le,,, an application to the HARC tler-e€er shall be made by
the owner and filed in the office of planning and Zenin,. the Department of Planning
office.
(2) The application shall include, where applicable, a drawing of the proposed facade and full
plans and specifications relating to 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 or adjacent to the landmark
site.
(}) 6) Public hearing on Certificate of Appropriateness.
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(}) 6) Public hearing on Certificate of Appropriateness.
(1) Action by HARC. 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 >ne..,ing bee fe the Git Planning r`,....«.ission a hearing before the Board of
Adjustment: The HARC may:
a. Approve the application;
b. Disapprove the application-,
c. Disapprove the application as submitted but approve the same with such
modifications as it may deem necessary to bring it into compliance with historical
integrity; or
d. Defer the decision for a period of no longer than one (1) month and one (1) week.
(2) Time limit; findings offact.
a. The HARC shall make a decision on each application within ninety (90) days after
a completed application is filed, provided that the HARC may vote to extend its
time for decision by an additional ninety (90) days when the application involves
the proposed demolition of a building.
b. The HARC shall make written findings of fact upon which its decision must rest.
-(k)(j) Grounds for granting eepto ^t, .. ofappropriatenes a Certificate ofAppropriateness.
(1) Additive changes. Certificates of Appropriateness pertaining to the moving of buildings
into or within an historical zone or a landmark site, materially changing appearance, new
construction or changing walls or fences shall be granted upon application therefor if the
HARC finds as fact either:
a. That the proposed addition or improvements will not ordinarily be visible from any
public roadway within the zone or adjacent to the landmark site; or
b. That a majority of the standards for determining historical integrity have been met.
(2) Changes by removal. Certificates of Appropriateness pertaining to moving buildings from
an historical zone or landmark site, demolition of buildings or cutting trees shall be granted
upon application therefor if the HARC finds as fact either that:
a. The denial of the proposed action would deprive the landowner of the reasonable
use of the landowner's land or a fair return of the landowner's investment therein;
or
b. Those portions of the thing sought to be removed which are ordinarily visible from
any public roadway within the zone or adjacent to the landmark site do not and
cannot, with reasonable restoration efforts, meet the standards of determining
historical integrity set forth in this section.
(3) Routine alterations. The following list of routine alterations can be issued a Certificate of
Appropriateness by the Chairman of HARC without the necessity of a public hearing. The
Zoning Administrator will make the determination if the alteration is routine and requires
a public hearing. If the proposed change is not listed in this subsection, then the formal
application process with a public hearing is required. If the Chairman of HARC elects not
to sign the Certificate of Appropriateness for the routine alteration, then the application
shall be forwarded to the Beard Commission and go through the formal application
process with a public hearing.
a. Additive changes.
1. New roof of the same style and material.
2.Structures other than buildings, signs or fences.
b. Changes by removal.
1. Removing a non -historic feature from a structure which makes the structure more
characteristic of the time period in which it was built. Examples include but are not
limited to siding, storm windows, or other non -original features. Replacement of these
items requires a formal application with a public hearing.
2. Removal of non -historic fences.
3.Cutting or removal of trees that are more than one (1) foot in diameter measured at
a height of one (1) foot; provided, however, that nothing contained in this section shall
be construed to hinder or delay the removal of trees which create a danger or a hazard
to life or property.
c. Repainting. In instances where repainting already painted surfaces, any change in color
shall require a Certificate of Appropriateness. Requests to paint an unpainted surface
requires the formal application process with a public hearing.
64 (k) Maintenance and safety standards.
(1) Ordinary maintenance and repair permitted. Nothing in this section shall be construed to
prevent the ordinary maintenance or repair of any exterior of any building or structure
within an historic zone or on a landmark site. The term 'ordinary maintenance or repair,"
as used in this subsection, 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
items using the exact same style and material to its condition prior to the occurrence of
such deterioration, decay or damage.
(2) Maintenance required; correction of defects
a. All buildings within an historic zone or on a landmark site shall be maintained to
meet the requirements of the building code of the City.
b. The HARC shall request a meeting with a property owner when the owner's
building in ars a historic district or the owner's landmark is in poor repair, and the
14ARC shall discuss with the owner ways to improve the condition of of the
property. After this step, the HARC may request the City Beilding inspeete Chief
Building Official to take action to require correction of defects in any building
designated under this section so that the building shall be preserved in accordance
with the purposes of this section.
(3) Enforcement ofsafety standards. Nothing in this section shall be construed to prevent the
Gity Building inspeete Chief Building Official from enforcing all State statutes and
provisions of this Code and any other ordinances of the City pertaining to the public safety.
( (l Appeals. Any 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
Adjustment.
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 944pter 424.
Ge rge Bray, Mayor 499
ATTEST:
Lindsay Parish, Ci Clerk
Introduced by the Board of Commissioners, March 23, 2021
Adopted by the Board of Commissioners, April 13, 2021
Recorded by the City Clerk, April 13, 2021
Published by The Paducah Sun, April 17, 2021
ord\126-115 Historical Zones, H-1 and H-2