HomeMy WebLinkAbout2002-5-6501261
ORDINANCE NO. 2002-5- (050
AN ORDINANCE AMENDING SECTIONS 126-3, DEFINITIONS AND 126-
64(b), LOTS OF CHAPTER 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 126-3, Definitions, of Chapter 126, Zoning, of the
Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
"SECTION 126-3, DEFINITIONS.
Accessory building and rise. A subordinate building located on the same lot with
the principal building, or a subordinate use of land, either of which is customarily
incidental to the principal building or to the principal use of the land. Where part
of the wall of an accessory building is a part of the wall of the principal building
in a substantial manner as by a roof, such accessory building shall be counted as
part of the principal building. Local public utility, communication, electric
distribution and secondary power lines, gas, water and sewer lines, their supports
and poles, guy -wires, small transformers, wires or cables and incidental
equipment and public telephone booths are considered accessory buildings or
structures.
Accessory living quarters. Living quarters within an accessory building, for the
sole use of persons employed on the premises, such as quarters having no kitchen
facilities and not rented or otherwise used as a separate dwelling.
Alley. A permanent public service way providing a secondary means of access to
abutting lands.
Arterial highway strip commercial. Commercial uses which front on the
designated U.S. highways in either the B-1 or the HBD zone classifications.
Automobile service station. An establishment with the primary business function
of the retail sale of gasoline for passenger car use, and the minor service and
repair work incidental to the operation of passenger automobiles.
Block frontage. All the property fronting on one side of a street between
intersecting streets, or between a street and a right-of-way of a dead-end street or
city boundary, measured along the street line.
Board. The Paducah City Board of Adjustment, Paducah, Kentucky.
Building. Any structure having enclosed space and a roof for the housing or
enclosure of persons, animals or chattels. " ineludes the word
"stmet"e"
Building area. The maximum horizontal projected area of the principal and
accessory building, excluding open steps or terraces, unenclosed porches not
exceeding one story in height or architectural appurtenances projecting not more
than two feet.
Building, detached. A building having no party wall in common or structural
connection with another building.
Building, front line of. The line of the face of the building nearest the front lot
line.
Building, height of. The vertical distance from the average contact ground level at
the front wall of a building to the highest point of the coping of a flat roof, or to
the deck line of a mansard roof, or to the mean height level between eaves and
ridges for gable and hip or gambrel roofs.
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Building line. The line nearest the front and across a lot establishing the minimum
open space to be provided between the front line of a building or structure and the
front lot line.
Building, nonconforming. A legally existing building which fails to comply with
the regulations set forth in this chapter applicable to the zone in which this
building is located.
Building, principal. A building in which is conducted the main or principal use of
the lot on which said building is situated. Where a substantial part of an accessory
building is attached to the principal building in a substantial manner as by a roof, �L
such accessory building will be counted as a part of the principal building.
Building, semidetached. A building having one party wall in common with an
adjacent building.
Business. The engaging in the purchase, sale, barter or exchange of goods, wares,
merchandise or service, the maintenance or operation of offices, or recreational
and amusement enterprises.
Campground. Any area or tract of land used to temporarily accommodate two or
more camping parties, including cabins, tents, house trailers, or other camping
outfits.
Carport. A structure consisting of a roof and either walls or columns for the
purpose of housing automotive vehicles and other chattels. Said structure shall be
considered a building.
Cemetery. Land used for the burial of the dead and dedicated for cemetery
purposes, including columbariums, crematories, mausoleums and mortuaries
when operated in conjunction with and within the boundary of such cemetery.
City. The City of Paducah, Kentucky.
Clinic or medical health center. An establishment where patients are admitted for
special study and treatment by two or more licensed physicians and/or dentists
and their professional associates, as distinguished from a professional office for
general consultation purposes.
Commission. The Paducah City Planning Commission.
Conditional use. A use which would not impair the public health, safety or
welfare in one or more zones, but which would impair the integrity and character of the
zone in which it is located or in adjoining zones unless restrictions on location, size,
extent and character of performance are imposed in addition to those imposed in the
zoning regulations.
Conditional use permit. Legal authorization to undertake a conditional use issued
by the administrative official pursuant to authorization by the Board of
Adjustment consisting of two parts:
(1) A statement of the factual determination by the Board of Adjustment which
justifies the issuance of the permit. J
(2) A statement of the specific conditions which must be met in order for the
use to be permitted.
Convalescent or nursing home. An establishment which provides full-time
convalescent or chronic care, or both, for four or more individuals who are not
related by blood or marriage to the operator, and who, by reason of chronic illness
or infirmity, are unable to care for themselves. Neither care for the acutely ill nor
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surgical or obstetrical services shall be provided in such a home. A hospital or
sanitorium shall not be construed to be included in this definition.
Corporation Counsel. The Corporation Counsel of the city or any assistant or
special corporation counsel of the city.
County. The County of McCracken, Kentucky.
Court. An open unoccupied space on the same lot with a building or group of
buildings and bounded on three or more sides by such building or buildings.
Court, inner. Any court other than an outer court. The width of an inner court is
its least horizontal dimension measured between opposite walls. The length of an
inner court is its greatest horizontal dimension measured at right angles to its
width.
Court, outer. A court which opens on any yard on the lot or which extends to any
street line of the lot. The width of any outer court is its least horizontal dimension
measured between opposite walls. The depth of any outer court is its greatest
horizontal dimension measured at right angles to its width.
Development plan. Written and graphic material for the provision of a
development plan, including any or all of the following: location and bulk of
buildings and other structures, intensity of use, density of development, streets,
ways, parking facilities, signs, drainage of surface water, access points, a plan for
screening or buffering, utilities, existing manmade and natural conditions, and all
other conditions agreed to by the applicant.
Dwelling. A building, or portion thereof, used primarily for residential occupancy,
including one -family and multiple dwellings, but not including hotels, motels or
tourist homes.
Dwelling, assisted care. A building, or portion thereof, and consisting of five or
more bedrooms, used for residential occupancy by a group. The dwelling is
characterized by renters with separate bedrooms for sleeping and that there are
shared common areas for reception, recreation, living, cooking, laundry and the
like. The unit is further signified by the presence of an employee(s) that provide
various services such as housekeeping, maintenance, cooking, security, personal
care, and transportation. This definition is distinguished from, and is intended not
to conflict with KRS 100.982 and 100.984.
Dwelling, multiple. A building, or portion thereof, used for occupancy by three or
more families living independently of each other.
Dwelling, one family. A building used for residential occupancy by one family.
Dwelling, two-family. A building, or portion thereof, used for occupancy by two
families living independently of each other,
Dwelling unit. A dwelling, or portion of a dwelling, used by one family for
cooking, living and sleeping purposes.
Educational institution. A preprimary, primary, or grammar, public, parochial or
private school; a high school, preparatory school or academy, public or founded
or owned or conducted by or under the sponsorship of a religious or charitable
organization, a private preparatory school or academy furnishing courses of
instruction substantially equivalent to the courses offered by public high schools
for preparation of admission to colleges or universities which award BA or BS
degrees; a junior college or university, public or founded or conducted by or
under the sponsorship of a religious or charitable organization; or a private school
when not conducted as a commercial enterprise for the profit of individual owners
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or stockholders. This definition shall not be deemed to include trade or business
schools as defined in this section.
Effective date hereof. Date of the adoption of this chapter [October 26, 1976].
Enforcement officer. The Building Inspector of the city.
Family. One or more persons living as a single housekeeping unit, as
distinguished from a group occupying a hotel, club, fraternity or sorority house. A
family shall be deemed to include servants.
Fence. A man-made structure consisting of wood, metal, wire, mesh, masonry or
other man-made material.
Floor area ratio. The floor area of the building divided by the area of the lot.
Garage, private. A detached accessory building or portion of a main building,
used for the storage of self-propelled vehicles, where the capacity does not exceed
three vehicles per family housed in the building to which such garage is
accessory, and not more than one-third of the total number of vehicles stored in
such garage shall be commercial vehicles. Storage space for not more than three
vehicles may be rented for vehicles of other than occupants of the building to
which such garage is accessory.
Garage, public. Any building or premises, except those defined herein as a
private garage, used for the storage or care of motor vehicles, or where such
vehicles are equipped for operation, repaired or kept for remuneration, hire or
sale.
Groundfloor area. The square foot area of a residential building within its largest
outside dimensions computed on a horizontal plane at the ground floor level,
exclusive of open porches, breezeways, terraces, garages, exterior stairways and
secondary stairways.
Home occupation or profession. Any use conducted entirely within a dwelling
and carried on solely by the occupants thereof, which use is clearly incidental and
secondary to the use of the dwelling purposes and does not change the character
thereof, and in connection with which there is no display, no stock in trade, or
outside storage of equipment nor commodity sold upon the premises and not more
than two persons are to engage in such occupation. In no event shall a barbershop,
beauty shop, tearoom, tourist home or animal hospital be construed to be a home
occupation.
Hospital. Includes sanitarium, preventorium and clinic, provided such institution
is operated by or treatment given under the direct supervision of a physician
licensed to practice by the State of Kentucky.
Hotel or motel. A building, or portion thereof, or group of buildings in which
lodging is provided and offered to the public for compensation and which is open
to transient guests, in contradistinction to a lodging house.
Industrial, heavy. Those industries whose processing of products result in the
emission of any atmospheric pollutant, light flashes or glare, odor, noise or
vibration which may be heard and/or felt off the premises, and those industries
which constitute a fire or explosion hazard.
Industry, light. Those industries whose processing of products results in none of
the conditions described for heavy industry.
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Junkyard. Any place at which personal property is or may be salvaged for reuse,
resale or reduction or similar disposition and is owned, possessed, collected,
accumulated, dismantled or sorted, including, but not limited to, use of salvaged
base metal or metals, their compounds or combinations; or used or salvaged rope,
bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property
which are used, owned or possessed for the purpose of wrecking or salvaging
parts therefrom.
Kennel. Any lot or premises on which dogs or small animals are kept for
commercial or sale purposes. A noncommercial kennel at, in or adjoining a
private residence where hunting or other dogs are kept for the hobby of the
householder (i.e., hunting, tracking or exhibiting) or for guarding or protecting the
householder's property is permitted in residential zoning districts, provided that
such dogs or small animals do not constitute a nuisance to the neighborhood.
Loading and unloading berths. The off-street area required for the receipt of or
distribution by vehicles of material or merchandise, which in this chapter is held
to be a 12 -foot by 50 -foot loading space with a 14 -foot height clearance, paved
with a suitable dust preventative or hard surface.
Lodging house. A building with more than two but not more than ten guest rooms
where lodging with or without meals is provided for compensation.
Lot. A piece, parcel, plot, tract or area of land occupied or capable of being
occupied by one principal building and the accessory buildings or uses
customarily incidental to it, and including the open spaces required under this
chapter, and having its principal frontage on a street. The word "lot" includes the
word "plot" or "parcel."
Lot, corner. A lot at a junction of and fronting on two or more intersecting streets.
Lot coverage. The percentage of the lot area covered by the building area.
Lot ground level. For buildings having walls adjoining only one street, the
elevation at the front lot line at the center of the wall adjoining the street; for
buildings having walls adjoining more than one street, the average elevation of
the front lot line at the center of all walls adjoining the streets; for buildings
having no wall adjoining the street, the average level of the ground adjacent to the
exterior walls of the building. Any wall approximately parallel to and not more
than five feet from a street is to be considered as adjoining the street.
Lot, interior. A lot other than a corner or through lot.
Lot line, front. In the case of an interior lot, a line separating the lot from the street
or place, and, in the case of a corner lot, the line designated in deed or subdivision
requirements or, if no such requirements are provided, the line designated by the
property owner at the time he seeks a building permit on the lot.
Lot line, rear. A lot line which is opposite and most distant from the front lot line
and, in the case of an irregular or triangular shaped lot, a line ten feet in length
within the lot, parallel to and at the maximum distance from the front lot line.
Lot line, side. Any lot boundary line not a front lot line or a rear lot line.
Lot, through. A lot having frontage on two parallel or approximately parallel
streets,
Lot width. The dimension of a lot, measured between side lot lines at the building
setback line.
Manufactured home. A single-family dwelling unit constructed in accordance
with the National Manufactured Housing Construction and Safety Standards Act
of 1974, as amended, and manufactured after June 15, 1976, which is designed to
be transported across streets and highways to a point of use, and is equipped with
the necessary service connections, and includes the plumbing, heating, air
conditioning and electrical systems contained therein, and made so as to be
readily movable as a unit or units. For the purpose of this chapter, the term
"manufactured home" is synonymous with "modular home."
Mobile home. Any vehicle, including the equipment sold as a part of a vehicle,
which is so constructed as to permit its being used as a conveyance upon public
streets or highways by either self-propelled or non -self-propelled means, which is
designed, constructed, or reconstructed, or added to by means of an enclosed
addition or room, in such a manner as will permit the occupancy thereof as a
dwelling or sleeping place for one or more persons, which is both used and
occupied as a dwelling or sleeping place, having no foundation other than wheels,
jacks, skirting or other temporary supports.
Mobile home park. An area of land upon which two or more mobile homes are
harbored for the purpose of being occupied either free of charge or for revenue
purposes, and shall include any building, structure, vehicle or enclosure used or
intended for use as a part of the equipment of such mobile home park.
Occupied. As applied to any land or building, shall be construed to include the
words "intended, arranged or designed to be used or occupied."
Parking area, public. An open area, other than a street or alley, designed for use
or used for the temporary parking of four or more motor vehicles when available
for public use, whether free or for compensation or as an accommodation for
clients or customers.
Parking space (off-street). An off-street space accessible from a street or alley
with a minimum width of ten feet. The minimum length of such space shall be
contingent upon the degree or angle of the space and the maneuverability area
required. As a guide to establishing a minimum length, the Commission shall
refer to Illustration No. 1 in the appendix immediately following this chapter.
Person. Includes a firm, association, organization, partnership, trust, company or
corporation as well as an individual.
Personal and convenience services. Businesses offering services such as
barbershops, beauty shops, laundromats, laundry and dry cleaning pickup and
delivery stations (but excluding actual laundry operations), and similar uses.
Place. An open, unoccupied officially designated space other than a street or
alley, permanently reserved for use as the principal means of access to abutting
property.
Planting screen or landscape screen. A completely planted visual barrier
composed of evergreen plants and trees arranged to form both a low-level and a
high-level screen. The high-level screen shall consist of evergreen trees or shrubs
planted with specimens having an initial height aboveground when planted of not
less than five feet and planted at intervals of not More than eight feet on center.
The low-level screen shall consist of evergreen shrubs having an initial height
aboveground when planted of not less than two feet and spaced at intervals of not
more than four feet on center. The low-level screen shall be planted in alternating
rows to produce a more effective barrier.
Professional office. Offices of members of recognized professions such as
physicians, surgeons, lawyers, engineers, dentists and architects.
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Sign. Any board, device or structure, or part thereof, used for advertising, display
or publicity purposes. Signs placed or erected by governmental agencies for the
purposes of showing street names or traffic directions or regulations for other
governmental purposes shall not be included herein.
Street. A right-of-way, other than an alley, dedicated or otherwise legally
established to the public use, usually affording the principal means of access to
abutting property.
Structure. n yfli ,, enst,. eted e. e eetea ._h eh_requires leeatien on the ,,,.,,tm
Means anything constructed or made, the use of which requires permanent
location in or on the ground or attachment to something having a permanent
location in or on the ground including buildings and signs.
Structural alteration. Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any substantial
change in the exterior walls or the roof.
Tourist home. A building in which more than one but not more than five guest
rooms are used to provide or offer overnight accommodations for transient guests
for compensation.
Town house. A single-family dwelling constructed as part of a series of dwellings,
all of which are either attached to the adjacent building and/or buildings by party
walls or are located immediately adjacent thereto with no visible separation
between walls or roofs; all of which dwellings may be located on individual and
separate lots if individually owned, or upon a single lot if under common
ownership. Each town house unit shall be capable of separate ownership. The
construction of a town house structure across an existing lot line shall not be
deemed to abrogate that line.
Town house structure. A building consisting of two or more noncommunicating
attached one -family units placed side by side, having a common wall between
each adj acent dwelling unit. Side lot line requirements of a town house structure
shall apply only at the extreme ends of such structure.
Trade or business school. A secretarial school or college, or business school or
college, when not public and not owned or conducted by or under the sponsorship
of a religious or charitable organization, or a school conducted as a commercial
enterprise for teaching instrumental music, dancing, barbering or hairdressing, or
for teaching industrial skills in which machinery is employed as a means of
instruction. This definition shall not be deemed to include an educational
institution as defined in this section.
Use. The employment or occupation of a building, structure or land for a person's
service, benefit or enjoyment.
Use, nonconforming. An existing use of land or building which was legal prior to
the effective date hereof, but which fails to comply with the requirements set forth
in this chapter applicable to the zone in which such use is located.
Use, open. The use of a lot without a building or including a building incidental to
the open use with a ground floor area equal to five percent or less of the area of
the lot.
Used. As applied to any land or building, shall be construed to include the words
"intended, arranged or designed to be used or occupied."
Variance, dimensional. Departure from the terms of the zoning regulations
pertaining to height or width of structures and size of yard and open spaces where
such departure will not be contrary to the public interest, and where, owing to
conditions peculiar to the property because of its size, shape or topography, and
._.__. :._ ._ :_ _ , ... I..i_, :._ .: I is _ ,_ . i - L_.. I ,:.:, In..
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not as a result of the action of the applicant, the literal enforcement of the zoning
regulations would result in unnecessary and undue hardship.
Vision clearance on corner lot. A triangular space at the street corner of a corner
lot, free from any kind of obstruction to vision between the heights of two and
one-half and 12 feet above established grade, determined by a diagonal line
connecting two points measured 15 feet equidistant from the street right-of-way
corner along each property line.
Wall, retaining. A physical barrier necessary to prevent the erosion and/or
deterioration of an established elevation.
Yard. A space on the same lot with a principal building, open, unoccupied other
than by steps, walks, terraces, driveways, lampposts and similar structures, and
unobstructed by structures, except as otherwise provided in this chapter.
Yard, front. A yard extending across the full width of the lot, between two side lot
lines, the depth of which is the least distance between the street right-of-way and
the building line.
Yard, rear. A yard extending across the full width of the lot between the two side
lot lines and between the rear line and a parallel line tangent to the rear of the
principal building, the depth of which is the least distance between the rear lot
line and the parallel line.
Yard, side. A yard bounded by the rear yard, the front yard, the side lot line and
the principal building.
Zoning map or map. The zoning map of the city."
SECTION 2. That Section 126-64(b), Lots, of Chapter 126, Zoning, of the Code
of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: I
J
"Section 126-64. Lots.
a) Reduction of lot size. No lot, even though it may consist of one or more
adjacent lots in the same ownership at the time of passage of this chapter,
shall be reduced in size so that lot width or size of yards or lot area per
family or any other requirement of this chapter is not maintained. This
section shall not apply when a portion of a lot is acquired for public
purpose.
b) Multiple principal structures on a lot. Only one principal being
structure and its customary accessory buildings structures may hereafter
be erected on any one lot, except where more than one principal buildi
structure may be allowed as provided for in section 126-176 with a
development plan.
c) Public street frontage. Unless otherwise provided in this chapter, no
building shall be erected on a lot which does not abut for at least 25 feet
on a public street.
d) Existing lots. At the time of the enactment of this chapter, if an owner of a
plot of land consisting of one or more adjacent lots does not own sufficient
continuous land to enable him to conform to the minimum lot size
requirements provided herein, such plot of land may nevertheless be used
as a building site. The dimensional requirements of the district in which
the piece of land is located may be reduced by the smallest amount that
will permit a structure of acceptable size to be built upon the lot.
e) Variances to setback lines. Front yard setback lines may be varied where
the average depth of principal buildings on adjoining properties is less
than the depth prescribed elsewhere in this chapter. In such case, the front
yard in question shall not be less than the average depth of existing front
yards on the two lots immediately adjoining.
SECTION 3. 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, an provision hereof separable from all other sections, paragraphs and provisions.
SECTION 4. To comply with judicial instructions in a timely fashion an
emergency is hereby declared to exist and this ordinance shall become effective immediately
with one reading
ATTEST:
Tammara S. Brock, Asst. City Clerk
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Introduced and adopted by the Board of Commissioners May 7, 2002
Recorded by Tammara S. Brock, Asst. City Clerk, May 7, 2002
Published by The Paducah Sun, /
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