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HomeMy WebLinkAboutOrdinances Book 10, Page 1134, No Ordinance Number1134 AN ORDINANCE APPROVING THE FINAL REPORT OF THE CITY AND ZONING C014MISSION ESTABLISHING RULES A11D REGULATIONS RELATING TO THE LAYING OUT, SUBDIVIDING AND PLATTING OF LANDS WITHIi TILE CITY OF PADUCAH AND :VI77-IIid THREE P -TILES OF TIii CITY LTilIT3, ADOPTING SAID RULES AND REGULATIONS RECOMMENDED IH THE FINAL REPORT THE CITY PLANNING AND ZONING COIJI.9IJ-31ON, AND PRESCRIBING THE ALTY TO BE IP,TPOSED FOR THE VIOLATION OF THE RULES A^.D REGULA ET FORTH IN A RESOLUTION ADOPTED BY THE CITY PLAIJNING AND 2:0NING OI:H.TISSION OAT MARCH 26, 1945 DE IT ORDAIITED IjZ THE cOARD OF COMMISSIONERS OF THE CITY PADUCAH, KENTUCKY: SEC TION 1. That upon the recommendation and request of the City lanning and Zoning Commission as shown by its final report embodied n a resolution adopted by it on iAarch 26th, 1945, the City of aducah does hereby approve, adopt and establish the following ules and regulations relating to the laying out, subdividing and latting of lands within the City of Paducah and within three ilea of the limits thereof, to -wit: a) AREA OF CONTROL The area over which the City Planning and Zoning ommission shall exercise the right of control for subdividing and lattin,7 of land shall include all of the area within the corporate imits of the pity of Paducah and the area extending three (3) miles eyond the limits of said city. b) DEFINITION As used in these rules, a subdivision shall mean the ivision of a lot, tract or parcel of land into two or more 1•ots r other division of lands, for the purpose, whether immediate or uture, of transferring the ownership or for building development, ncluding all changes.in street or lot lines; provided, however, hat division of land for agricultural purposes, in parcels of ore than ten (10) acres, not involving any new street or the stablishment of rights-of-way, roads or other easement access, 'hall be exempt. C) PRELIMINARY FLAT 1- An application in writing addressed to the Chairman f the Planning and Zoning.Commission, for the tentative approval of he Preliminary Plat, together with six (6) blue prints, shall be sled with the Planning and 'Zoning Commission ar least ten (10) days efore a regular or called meeting of the Commission, if the plat s to be acted upon at said meeting. Before said Commission shall 1135 consider the adoption of a Preliminary Report for the establishmen of a subdivision in accordance with said plat, the City Engineer stall certify that all of the provisions contained herein with reference to the preparation of said plat have been complied with. 2- Before any subdivider or his agent contracts for the sale or offers to sell any subdivision of land or any part thereof which is laid out wholly or partly within the territory under the jurisdiction of the Planning and 'Zoning Commission, the subdivider or his agent shall file a preliminary plat of said subdivision With the Planning and Zoning Commission. The preliminary plat shall be prepared in accordance with the regulations set forth below, and shall be submitted to the Plannin,; and Zoning Commission prior to 1he completion of final surveys of streets and lots and before the start of any grading: or construction work upon the proposed street and before any map of said subdivision is made in form suitable fol recording. The Planning and Zoning Commission shall determine whether a tentative map is in proper form and shall not receive and consider such a map is filed until it is submitted in accordance with the requirements hereof. 3- A vicinity or key map at a scale of not more than four hundred (400) feet to the inch shall be shown on or accompany the Preliminary Plat. The map shall shove all existing subdivisions, streets and tract line of acreage parcels, together with the names of the record owners of parcels of land immediately adjoining the proposed subdivision and between it.and the nearest existing thoroughfares. It shall also show how streets and alleys in the proposed subdivision may connect with existing and proposed alleys in neighboring subdivisions or undeveloped property to produce the mot advantageous development of the entire neighboring area. 4- All proposed subdivisions shall conform to the City, County or regional Plan, if and when adopted. 5- The street layout shall be in conformity with a plan for the most advantageous development of the entire neighboring area. All proposed streets shall be in alignment with existing planned o Platted streets with which they are 'to connect. (a) The street layout shall include minor streets of considerable continuity a proximately parallel to and on each side of each thoroughfare, boulevard or parkway. (b) Wherever the proposed subdivision contains or is adjacent to a railraod richt of way, or super highway, provision slall be made for a street approximately parallel to and on each side of such richt of way at a distance suitable for the appropriate use o the land between such streets and the railroad. Such distance shad 1136 be determined with due consideration of the minimum distance requir for approach grades to future grade separation. (c) Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonablg gradient. 3 (d) Certain proposed streets shall be extended to the boundary line of the tract to be subdivided sufficiently to provide for normal circulation of traffic within the vicinity. (e) ".'herever there exists a dedicated or platted half - street or alley adjacent to the tract to be subdivided and approved I y the Planning and Zoning Commission, the other half shall be plat ed. (f) alleys shall be required in all business and indus#rial districts. Except where justified by extreme conditions alleys will not be approved in residential districts. 6- The scale of a Preliminary Plat shall be one hundred (100) feet or less to the inch. 7- ^he'preliminary Plat shall show: (a) The proposed name of the subdivision (b) idorth point, date and scale (c) 'The names and addresses of the subdivider and of the registered engineer or surveyor (d) The Tract designation and other description according to the real estate records of the city or county (e) The boundary line, drawn accurately to scale, of the tract to be subdivided (f) On rolling and hilly ground contour lines.*platted at five (5) foot intervals and referred to sea level dat (g) The names of adjacent subdivisions or the names of record owners of adjoining parcels of unsubdivided land (h) The location width and names of all existing.or platted streets or other public ways within or adjacent to the tract, existinf permanent buildings, railroad rights of way and other important features, such as section lines, political subdivisions, or corporate lines and school district boundaries. (i) Yo'here subdivisions ate to be improved*by the owner or subdivider by the construction of any improve- ment on, under or within the limts of the right of way shown as street, alleys, easements or any public right of way, the plat of said subdivision shall give in.detail the type, plan, "rado. cross section and all other data necessary for a com- plote layout of both proposed or existin', improve ments in a manner satisfactory to the Planning and Zoning Commission. 1137 (j) All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose of conditions or limitations of such reservation, if any. (k) The layout, names, width of proposed streets, allays and easements. (1) The layout, numbers and approximate dimensions of proposed lots. (m) Block.:nuinbers.or,letters_for each individual block. (8) The width of blocks shall be sufficient normally to allow two tiers of lots of appropriate depth. (9) Blocks shall not exceed (1200 ft. to 2000 ft.) in length and dead end streets (300 ft. yo 600 Ft.) (10) A cross walk ro pedestrian -way, not less than ten (10) feet in width, shall be provided near the center, and entirely across ar block that is more than (600 ft. to 1000 ft.) long. (11) 13inimuin street and alley widths: (a) Plain thoroughfares, secondary thorou,-hfares, boulevards" and parkways not less than eighty (80) feet. (b) Secondary thoroughfares sixty (00) feet. (c) Minor streets fifty (50) feet. (d) read end streets no more than three hundred (300) feet long, forty (40) feet. All dead end streets shall terminate in a circular ri;ht o; way with a minimum diameter of seventy (70) feet, unless Xthe Plannin^ and Zoning Commission a -proves an equally safe and con- venient form of paved space instead of the required turning circle. (e) Alleys, twenty (20) feet. (12)t:inimum Roadway widths: (a) Thoroughfares, boulevards and parkways, secondary thoroughfares and minor streets, twenty six (26) feet, except in case of roadway on either side of center parkway, in that event minimum width to be eighteen (18) feet. All dead end streets shall terminate in a paved turning circle with a minimum outside diameter Of fifty (50) feet and a pavement at least eighteen (18) feet wide. If an equally safe and convenient form of paved space is approved by the Planning and �_oninZ Commission in place of a turning circle, such paved apace a`all extend entirely across the width of the street and shall be at least ten*(10) feet wide with t�j e flared portion rounded by minimum radii of twenty (20) feet. I 1138 (b) Alleys, sixteen (16) feet. 13- Where three (3) or more lots to the acre are provided sidewalks at least four (4) feet wide shall be provided on both sic of the street. Normally sidewalks shall hot be more than six (6) inches from the property line. Cross walks or pedestrian -ways shal be not less than four (4) feet wide. 14- Grades: (a) Thoroughfares, boulevards, parkways and secondary thoroughfares not greater than seven (7) percent. (b) Minor streets and alleys, not greater than ten (10) percent. (c) Pedestrian -ways or cross Walks, not greater than twenty (20) percent unless steps of an acceptable design are to be constructed. 15- Alighment and Visibility: Clear visibility measures along the center line shall be provided for at least three hundred (300) on thoroughfares, boulevards and parkways; two hundred (200) feet o secondary thoroughfares, and at least one hundred (100) feet on min streets. 16- Minimum radii on curvature on the center line: (a) Thoroughfares, boulevards and parkways three hundred feet. (b) Secondary thoroughfares trio hundred (200) feet. (c) Minor streets, one hundred (100) feet 17- Tangents: Betveen reversed cu-vos thero shall always be a tangent at least one hundred (100) feet long. 18- Intersections: (a) At street and alley intersections, property line corners s:,all be rounded by either an arc With minimum radii of ten (10) feet and five (5) feet respectively, or by a chord using same dimensions. (b) Street curb intersections shall be rounded by radii of at least fifteen (15) feet. (c) The foregoing minimum radii shall be increased when the smallest angle of intersection is less than sixty (60) degrees. 19- Lits: The size, shape and orientation of lots shall be ppropriate for the location of the proposed subdivision and for the ype of devel,)pmont contemplated, and shall conform to the followin (a Lits foil residential use -shall be a minimum of fifty (50) feet in width, front and baei:. (b) Every lot shall abut on a street. s 1139 (c) Double frontage lots shall be avoided. (d) Reversed frontage shall be avoided in block exclusively residential. (e) Side lot lines shall be approximately at right angles to the street line on which the lot fronts. 20- Monuments: iionumGnts shall be of concrete or stone material with a minimum size of four (4) inches by four (4) inches by three 3) feet and shall be marked on top either with a copper dov�el three - eights (3/8) inches in diameter at least tvio and one-half (21) inch s in length embddded so that top of dowels shall be flush with surfac of monument at the center thereof, or the top of the monument shall be scored at the center with a cross, two (2) inches overall to a dept of at least one-half (1) inch. 21- Placing of ';onuments: Ionuments shall be placed - (a) So that the scored or marked point shall coincide e7mctly with the intersection of the lot or property line at that point and shall be set so that the top of the monument is level with the surface of the surrounding ground. (b) At the intersection of all an4les in the boundary line of the survey. (c) At the intersection of street property lines. (d) At the beginnin` and ending of all curves where streets and alleys are so surveyed. (e) At all points where lot lines intersect side curves, both front and rear. (f) At all angles in property lines of streets a:d alleys. 22- Lot :!arkers: The corner of all lots not covered in the above description shall be marked by galvanized or wrou3ht iron pip), or iron or steel bars at least two (2) feet in length and not less than one (1) inch in diameter. Top of pipe or bar to be set level with surrounding ground. 23- Open spaces other than Streets: Due consideration should be given the allocation of suitable areas for schools, parks and play- grounds, to be dedicated for public use or reserved for the common use of all property owners with the area proposed to be subdivided, by ,ovenants in the deeds. At least five (5) percent of the area of every subdivision, exclusive of streets, should be set aside for recreati nal )urposes in the interest of public welfare. adhere the tract contai s Less than forty (40) acres, such reservation shall be combined wher ver )ossible with similar reservations in adjoining tracts. 1140 24- Easements at least eight (8) feet in width, four (4) feet o either side of rear or aido lot lines, shall be provided for utilit es Iwherever necessary. 25- The preliminary plat shall contain the statement that any lot transferred will have a minimum width and area, substantially the same as those of the platted lots, and that only one principal building will be permittod on any such lot. 26- Care shall be taken so that the proposed nano of the sub- division and proposed street names shall not duplicate or too cloae y approximate, phonetically, the name of any other subdivision or str et within the area under the jurisdiction of the Planning and ;Soning 'Tommi as ion. 27- Upon tentative approval of a preliminary pla# by the Commis sion, one blue print of the Plat, :with the date of a,proval marked thereon, shall be'rettrned to the subdivider. 2£3- Tentative approval of the preliminary plat is revocable and does not constitute an acceptance of tho subdivision. . 20- 1.711ere it can be shown there are extraordinary hardships in the Bray of complete compliance with these regulations, the Planning and Zoning Commission shall have the power to vary the regulations so t at substantial justice may be done and public interest secured, provid d, however, that no such variation shall have the effect of reducing the traffic capacity of any thoroughfare or secondary thoroughfare bele that shorn on the Citi, County or Regional plan if and when adopted by the Planning.and Loning Commission. (D) PROCEDURE• After the filinZ of said application and a preliminary plat prepared in conformity with the provisions of these mules and regu- lations, the Commission shall, at either a regular or a Called meeting, either reject said application and plat or adopt the same asits preliminary report, or embody its conclusions in a preliminar report of its own, and give public notice thereof by not less than three consecutive insertions in the -un-Democrat at least three (3) days before the date of said hearing, the time and place where objections to the preliminary report will be heard and considered by the Commission. The Commission shall hold a meeting at the fixe time and place to act upon the preliminary report, and any objectio s thereto. At the meeting held for the purpose of hearing objections, to said preliminary report the Commi;;sion may, upon the adoption of a final report, either approve said application and preliminary plat in the form submitted or may embody its own conclusions thereiyl 1141 and require the preparation of a final plat in the form hereinafte. provided. If the final plat shall be required, it shall be approv by the City Engineer and the Chairman of said Commission before th aforesaid final report of the Cormnission shall be submitted to the Board of Commissioners of the City o= Paducah for their approval a the carrying into effect of all of the provisions contained therei The Commission shall not submit to the Board of Commissioners any report adopted by it until the plat shall have been recorded by th subdivider in the office of the County Court Clerk. (E) FINAL PLAT 30� The final Plat shall be submitted to the Plannin4 and Zoning Commission in the form of an oriinal tracin„ on tracing cl together with three (3) blue -print or black & white copies. All a be marked with the date of approval and trio or these copies aftar approval by the planning and zoning commission, shall be transmitt the City Engineer and the County 3zgineer, to be placed on record their respective offices. One copy shall be filed by the Commissi and the tracing shall be returned to the subdivider. 31- The rinal Plat s;'.all be a complete and accurate layout• dY to the scale of one (1) inch equal to one hundred (1CO) feet or le and shall short. (a) The boundary lines with accurate distances and bearings, the exact location and width of all eristin ; and record- ed streets intersecting the boundary of the tract. (b) True bearings and distances to the nearest established street line or official existin monuments, which shall be accurately described on the plat, municipal township, county or section lines accurately tied to the lines of the subdivision by distances and bearings. (c) An accurate location of the subdivision in reference to the real estate records on i''cCracken County. (d) Street and alley names (names of alley can bd omitted if desired). (e) The length of all arcs, radii, internal angles, points of curvature, length and bearing of the tangents. (f) All easements for rights or way provided for public ser- vices or utilities and any limitations of the easements. (F) All block numbers or letters, lot numbers and lines with accurate dimensions in feet and hundredths and with bear- ings and angles to street, alley and lot lines. (h) The accurate location, type, material and size of all monuments and lot markers. d d for it tin ,s to 1142 (i) The accurate outline of all property which is offered for dedication for public us Wmith the purpose indicat thereof, and of all property that may be rdaerved by deed, covenant for the common use of the property owne in the subdivision. (j) Set back building lines. (k) Private restrictions of all types. (1) Proposed name of subdivision (m) Mame and address of subdivider (n) North point, scale and date (o) Certification by a P.egistered Professional Engineer or Surveyor to the effect that the plan represents a sury made by him and that all monuments and markers shown thereon actually exists, and that their location, size type and material are correctly shown. (p) The approval of the Final Plat by the PlanninZ and Zoning Commission shall be deemed to effect the dedication of any street or other proposed public way or space shown on the plat. U SECTION 2. Any property owner, tenant or other person who shall sell or offer to sell any sudbisision of land or any part thereof as defined in Section 1'of this ordinance, or who shall lay out, subdivide or plat any lands within the City of Paducah and within three miles of the limits thereof, without complying with all of th rules and regulations set forth in Section 1 hereof, or who shall a ect, construct or reconstruct any building in violation of or contrary to said rules and regulations shall be guilts of a misdemeanor and upon conviction thereof shall be fined in any sum not less than -x10 00 nor more than ,x100.00 for each offense so committed, and each day s ch offense is committed shall be deemed aseparate offense and shall be subject to a separate penalty under the provisions hereof, or the person so offending or so guilty of a violation of the provisions hereof may, in addition to such fine be imprisoned not more than fi ty (50) days at the discretion of the Judge or Jury trying the case. SEC TION 3. This ordinance shall be in full force and effect from and after its adoption. Passed by the -card of Commissioners, March 27th, 1945 Recorded by Rudy Stewart, City Clerk, P.Iard'h 29th, 1945.