HomeMy WebLinkAboutOrdinances Book 12, Page 709, No Ordinance NumberDED
AN ORDINANCE APPROVING THE FINAL REPORT OF THE CITY PLANiNING
AND ZONING COMMISSION RESPECTING THE ESTABLISHMENT OF ZONES AND DISTRICTS
AND THE ADOPTION OF RULES, REGULATIONS AND RESTRICTIONS PURSUANT TO CHAPTER
100 OF THE KENTUCKY REVISED STATUTES; CREATING AND RE-ESTABLISHING THE PLANNING
AND ZONING COMMISSION OF THE CITY OF PADUCAH AND MUNICIPAL AREA, MCCRACKEN
COUNTY, KENTUCKY AND THE BOARD OF ADJUSTMENT OF THE CITY OF PADUCAH AND
MUNICIPAL AREA, MCCRACKEN COUNTY, KENTUCKY; REGULATING AND RESTRICTING THE
HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE
ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION OR REPAIR OF BUILDINGS
AND STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, THE DENSITY OF
POPULATION AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LANDS FOR
TRADE, INDUSTRY, RESIDENCE AND OTHER PURPOSES; DIVIDING THE CITY INTO ZONES OR
DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE BEST SUITED TO CARRY OUT
SAID REGULATIONS AND RESTRICTIONS; PROVIDING FOR THE ADMINISTRATION AND ENFORCE-
MENT OF THE PROVISIONS HEREOF; AND PRESCRIBING PENALTIES FOR THE VIOLATION
OF THE PROVISIONS HEREOF.
Preamble
WHEREAS the City Planning and Zoning Commission of the City of
Paducah, Kentucky has submitted to the Board of Commissioners of said City
a final report, in the form of the resolution hereinafter referred to,
respecting the matters set forth in the title hereof, and
WHEREAS said final report was adopted after a public hearing,
notice of which was duly given as provided by law, acid
WHEREAS the public health, welfare, morals and safety of the citizens
of said City will be protected, promoted and benefited by the adoption of this
ordinance, as is more fully set forth in Title I, Section 2, hereof,
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE
CITY OF PADUCAH, KENTUCKY:
TITLE I - APPROVAL OF FINAL REPORT OF CITY PLANNING AND ZONING COMMISSION
PURPOSE.
SECTION 1. A resolution adopted by the City Planning and 'Zoning
Commission of the City of Paducah, Kentucky on March 21, 1952, entitled:
"A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE CITY PLANNING AND 'ZONING
COMMISSION RESPECTING THE ESTABLISHMENT OF ZONES OR DISTRICTS WITHIN THE CITY
OF PADUCAH, THE PROMULGATION OF RULES, REGULATIONS AND RESTRICTIONS WITH
RESPECT TO HEIGHT OF BUILDINGS, SIZE OF YARDS, DENSITY OF POPULATION, USE OF
BUILDINGS AND LAND, CONSTRUCTION OF BUILDINGS, ETC., AND VARIOUS OTHER MATTERS
AFFECTING ZONING WITHIN THE PURVIEW OF CHAPTER 100 OF THE KENTUCKY REVISED
STATUTES" is hereby approved as the final report of said Commission respecting
the matters therein set forth.
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SECTION 2. The zoning regulations and districts as herein set forth are
made in accordance with a comprehensive design in order that adequate light, air,
convenience of access, and safety from fire panic and other danger may be secured;
that congestion in the public streets may be lessened or avoided; and that the
public health, safety, comfort, morals, convenience and general public welfare may
be promoted. They are made with reasonable regard to existing conditions, the
character of buildings erected in each district, the most desirable use for which
the land in-each"district may be adapted and the conservation of property values
throughout the City.
TITLE II - GENERAL PROVISIONS
SECTION 3. Short Title: This ordinance shall be known and may be cited
as "Paducah Zoning Ordinance".
SECTION 4. Definitions. In this ordinance words used in the present
tense include the future, the singular includes the plural and the plural the
't,. singular, and the word "Lot" includes the word "plot". The word "used" includes
rd'r� "designed" or "intended to be used". Unless otherwise specified, all distances
shall be measured horizontally, in any direction. The following terms, unless
a contrary meaning is required by the context or is specifically prescribed,
shall have the meanings indicated:
1. Accessory Building and Use_- A subordinate building located on the lot
with the main building, or a subordinate use of land, either of which is
customarily incident to the main building or to the principal use of the land.
Where a substantial part of the wall of an accessory building is a part
of the wall of the main building or where an accessory building is attached
to the main building in a substantial manner as by a roof, such accessory
building shall be counted as part of the main building.
2. Accessory Living Quarters - Living quarters within an accessory buildi
for the sole use of persons employed on the premises; such quarters having no
kitchen facilities and not rented or otherwise used as a separate dwelling.
�. Apartment Hotel - A building or portion thereof used for or containing
both individual guest rooms or suits of rooms and dwelling units designed for
more or less temporary occupancy.
4. Block Frontage - All the property fronting on one side of a street
between intersecting or intercepting streets or between a street and right-of-
way, end of dead-end street or city boundary measured along the street line.
5. Board - The Board of Adjustment of the City of Paducah and Municipal
area, McCracken County, Kentucky.
6. Building - Any structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels. When any portion
thereof is completely separated from every other portion thereof by a division
wall without openings then each such portion shall be deemed to be a separate
building.
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7. Building. Detached - A building having no party wall in common with
another building.
8. Building, Nonconforming - A legally existing building which fails to
comply with the regulations set foth in this ordinance applicable to the district
in which this building is located.
9. Building, Semi-detached - A building having one party wall in common
with an adjacent building.
10. Building, Height of - The vertical distance measured from the ad-
joining curb grade at a point opposite the center of the principal frontage of
the building to the highest point of ceiling of the top story in the case of a
flat roof; to the deck line of a mansard roof; and to the mean height level
between the eaves and ridge of a gable, hip or gambrel roof. inhere buildings
are set back from the street line, the height of a -building may be measured .from
the everage elevation of the finished lot grade at the front of the building.
11. Building Line - The line nearest the front and across a lot es-
tablishing the minimum open space to be provided between the frontlot line.
12. Camp Ground - Any area or tract of land used to accommodate two or
more camping parties, including cabins, tents, house trailers, or other camping
outfits.
13. 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.
14. City - The City of Paducah, Kentucky.
15. Commission - The Planning and Zoning Commission of the City of
Paducah and MunicipalArea, McCracken County, Kentucky.
16. Corporation Counsel - The Corporation Counsel of the City of Paducah
or any Assistant or Special Corporation Counsel of said City.
17. 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 building
1$. 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.
19. 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.
20. Dwelling - A building or portion thereof, used exclusively for residen
tial occupancy, including one -family, two-family and multiple dwellings, but not
including hotels, motels, lodging or boarding houses or tourist homes.
21. Dwelling, One -Family - A building used for residential occupanty by
one family.
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22. Dwelling, Two -Family - A building (other than a row dwelling used
for occupancy by two families living independently of each other.
23. Dwelling, Multiple - A building (other than a row dwelling)or portion
thereof used for occupancy by three or more families living independently of each
other.
2L Dwelling, Row - A building used for residential occupancy by
one family having a party wall on one or two sides in common with a similar
building or buildings, fronting on a street, and constituting a part of a
series of two or more such buildings.
25• Dwelling Unit - A dwelling or portion of a dwelling or of an apartment
hotel used by one family for cooking, living and sleeping purposes.
26. Educational Institution - Preprimary, primary or grammar, public,
parochial or private school; high school, preparatory school or academy, public o
founded or owned or conducted by or under the sponsorship of a religious or
charitable organization; private preparatory school or academy furnishing courses of
instruction substantially equivalent to the courses offered by public high school
for preparation of admission to college or universities which award B.A. or B.S.
degrees; junior college, college or university, public or founded or conducted by
or under the sponsorship of a religious or charitable organization; or private
when not caducted as a commercial enterprise for the profit of individual owners
or stockholders. This definition shall not be deemed to include trade or
business schoold as defined in this Section.
27• Executive Secretary - The Executive Secretary of the Commission.
28. 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.
29. Garages, Private - A detached accessory building or portion of a main
building, used for the stuage of self-propelled vehicles where the capacity does
not exceed three vehicles, or not more than one per family housed in the building to
which such garage is accessory, whichever is the greater, and not more than
one-third the tot$1 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.
30. Garage, Parking - Any building, except one herein defined as a private
garage, used exclusively for parking of self-propelled vehicles, and with not more
than two pumps for the incidental sale of gasoline.
31. Grade, Curb - The elevation of the top of the face of the curb as fixed
by the City.
32. Ground Floor Area - The square foot area of a residential building
within its largest outside dimensions, exclusive of open porches, breezeways,
terraces, garages, exterior stairways and secondary stairways.
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33• Home Occupation or Profession - Any use customarily conducted entirely
within a dwelling and carried on by the occupants thereof, which use is clearly
incidental and secondary to the use of the dwelling for dwelling purposes and does
not change the character thereof, and in connection with which there is no display
no stock -in -trade, no outside storage of equipment nor commodity sold upon the
premises and not more than two (2) persons are engaged in such occupation. Such
uses as barber shop, beauty parlor, tea room, tourist home and animal hospital
shall not be deemed to be home occupations.
34. Hospital - Includes "sanitarium", "sanatorium", "preventorium'l,°clinic;
provided such institution is operated by, or treatment given under direct super-
vision of, a physician licensed to practice by the State of Kentucky.
35• Hotel - A building or portion thereof used for the more or less temporar;
occupancy of individuals who are lodged with or without meals and in which provi-
sion for cooking is made preponderantly in a central kitchen and not in individual
rooms or suites.
36. Junk Yard, Including Automobile Wrecking - A lot or part thereof used
for the storage, keeping or abandonment of junk, including scrap metal or other
vehicles or machinery or parts thereof.
37• 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.
38. Lot - A parcel of land defined by metes and bounds or boundary lines in
a recorded deed or on a recorded plat, fronting on a street. In determining lot
area and boundary lines no part thereof within the limits of the street shall be
included.
39. Lot, Corner - A lot at the junction of and fronting on two or more
intersecting streets both of which are 20 feet or more in width.
40. Lot, Through - A lot other than a corner lot having frontage on two
parallel or approximately parallel streets.
41. Lot Width - The distance parallel to the front of a building erected or
to be erected, measured between side lot lines at the building line.
42. Motel - A permanent building or group of buildings containing rooms
without cooking facilities, used, rented or hired out for the more or less temporar
occupancy or overnight guests.
43. Municipal Area - Unincorporated lands in McCracken County, Kentucky,
adjoining the City.
44. Parking Area. Public - An open area, other than a street, used for the
temporary parking of more than four automobiles and available for public use,
whether free, for compensation or as an accommodation for clients or customers.
45. Parking Space (Off-street), One - A space on private land, accessible
from a street or alley, not less than nine (9) feet wide and twenty (20) feet long
exclusive of passageways.
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46. Sign - Any advertisement, announcement, direction or communication
produced in whole or in part by the construction, erection, affixing or placing of
a structure on any land or on any other structure, or produced by painting
on or posting or placing any printed, lettered pictured, figures or colored
material on any building, structure, or surface. Signs placed or erected by gov-
ernmental agencies or non-profit civic associations for a public purpose or in the
public interest shall not be included herein, nor shall this include signs which
are a part of the architectural design of a building.
47. Story - That portion of a building included between the surface of any
floor and the surface of the floor next above it, or if there be no floor above
it, then the space between any floor and the ceiling next above it. A basement
shall not be counted as a story unless the height of the surface of the first
floor above the average elevation of the finished lot grade at the front of the
building exceeds four (4) feet.
48. Story. Half - A story under a gable, hip or gambrel roof, the wall
plates of which on at least two (2) opposite exterior walls are not more than two
above the floor of such story.
1;9. Street - A public way established by or maintained under public author
ity, a private way open for public uses, and a private way plotted or laid out for
public use, whether or not constructed.
50. Structure - Anything constructed or erected which required location
on the ground or attachment to something having a location on the ground.
51. Tourist Home - A building in which more than one but not more than fiv
guest rooms are used to provide or offer overnight accommodations for transient
guests for compensation.
52. Trade or Business School - 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; school conducted as comm-
ercial enterprise for teaching instrumental music, dancing, barbering or hair-
dressing or for teaching industrial skills in which machinery is employed as a
means of instruction. This definition shall not be deemed to include educational
institution as defined in this Section.
53. 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
regulations set forth in this ordinance applicable to the district in which su ch
use is located.
54. Yard - A space on the same lot with a main building, open, unoccupied al
unobstructed by buildings or structures from the ground to the sky, except as other
wise provided in this ordinance.
55. Yard. Front - A yard extending acrpss the full width of the lot, the
depth of which shall be the least distance between the front lot line and the
front of the main building.
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56,! Yard, Rear - A yard extending across the full width of the lot between
the rearmost main building and the rear lot line, the depth of which shall be the
least distance between the rear lot line and the rear of such main building.
57. Yard. Side - A yard between the main building and the side lot line,
extending from the front yard or front lot line where no front yard is required,
to the rear yard. The width of the required side yard shall be measured hori-
zontally from the nearest point of the side lot line toward the nearest part of
the main building.
SECTION 5 Buildings and Uses Affected by Zoning. No building or land
shall hereafter be used and no building or part thereof shall be erected, relocat
or altered unless in conformity with the provisions of this ordinance.
SECTION 6. Continuance of Nonconforming Buildings or Uses.
A. Nonconforming qq Buildings or Structures �'tArc
1. Maintenance Permitted - A nonconforming building or structure may be
maintained, except as otherwise provided in this Section.
2. Repairs and Alterations - May be made to a nonconforming building or
structure, provided that in a building or structure which is nonconforming as to
use regulations no enlargements shall be made.
3• Additions, Enlargements or Moving ,�
(a) A building or structure nonconforming as to regulations for use or
lot area per dwelling unit shall not be added to or enlarged in any manner unless
such building or structure, including such addition and enlargement, is made to
conform to the use and area per dwelling regulations of the zone in which it is
located.
(b) A building or structure nonconforming as to height or yard regula-
tions shall not be added to or enlarged in any manner unless such addition or
enlargement conforms to all the regulations of the zone in which it is located.
(c) No nonconforming building or structure shall be moved in whole or in
part to any other location on the lot unless every portion of such building or
structure is made to conform to all the regulations of the zone in which it is
located.
B. Nonconforming Use of Buildings or Structures
1. Continuation and Change of Use - Except as otherwise provided in this
Section:
(a) The nonconforming use of a building or structure, lawfully existing
at the time this ordinance became effective, may be continued.
(b) The nonconforming use of a building or structure may be changed only
to a use of the same or more restricted classification.
2. Expansion Prphibited - A nonconforming use of a building or structure
designed for a conforming use shall not be expanded or extended into any other port
of such conforming building or structure nor changed except to a conforming use. QQ
SECTION 7. Amortization of Nonconforming Uses or Buildings 6]
A. The nonconforming use of land where no building is involved, or any non- 7
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EtND'~( conforming billboard, signboard or sign not attached to a building, or any
nonconforming advertising structure lawfully existing at the time this ordinance
became effective, shall be discontinued within three (3) years from the effective
date hereof.
�y B. Whenever a nonconforming use has been discontinued for a period of six
0 9 43 (6) months, such use shall not thereafter be re-established, and any future use
" 4 shall be in conformity with the provisions of this ordinance.
C. No building damaged by fire, Act of God, or other cause to the extent of
more than double its assessed value shall be repairdd or rebuilt except in conform-
ity with the provisions of this ordinance.
SECTION $: Nonconformance Due to Reclassifications- The provisions of
Section. -6 and Section 7 shall also apply to buildings, structures, land or uses
which hereafter become nonconforming due to any reclassification of zones under
this ordinance or any subsequent change in the regulations of this ordinance, and
any time periods specified for discontinuance of nonconforming uses shall be
measured from the effective date of such reclassification or change.
SECTION 9. General Use Provisions
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Ir I. Conformance and Permits Required
1`11Vy �'t No building or structure shall be erected, reconstructed, enlarged or moved
-/D pfor any use other than that which is permitted in the zone in which such building,
3' structure or land is located, nor shall any building, structure or land be used
for any other use than is permitted in the zone in which it is located.
II. Zone Group Classification
Whenever the terms R zone, B zone, C zone or M zone are used, they shall be
deemed to refer to all zones containing the same letters in their names; e.g., B z6
shall include the B-1, B-2 and B-3 zones.
III. Off -Street Parking
C A. Requirements - Lhe following off-street parking spaces shall be provided
%%%%����4 P& and satisfactorily maintained, by the owner of the property, for each building
Dv !�°/� which is hereafter erected, enlarged or altered for use for any of the following
purposes:
II. 1. Dwellings
(a) For each one -family dwelling there shall be one (1) permanentl
maintained parking space on the same lot for each dwelling unit.
(b) For any building or structure containing three (3) or more
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063 dwelling units there shall be provided one (1) parking space for each unit thereof.
2. For any general auditorium, gymnasium, church, high school, college
or university auditorium, stadium, theatre; or other similar place of assembly
there shall be provided at least one (1) parking space .for each eight (8) seats
provided for its patrons, based on the maximum seating capacity, including fixed an
moveable seats.
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For any church there shall be allowed the use of joint parking facilities
in connection wito any building or use not normally open, used, or operated during
the principal operating hours of a church, provided a properly drawm legal instru-
ment is executed by the parties concerned for the joint use of such off-street
parking facilities, which instrument, duly approved as to form by the Corporation
Counsel, shall be filed with the application for a building permit.
3. For any hotel, apartment hotel, club house, dormitory, fraternity
house or any other similar use or establishment there shall be provided at least
o ne parking space for each three (3) guest sleeping accomodations.
4. For any dancing, exhibition, labor temple, lodge hall, skating rink
or other assembly hall without fixed seats there shall be provided not less than
(1) parking space for each 120 square feet of gross floor area thereof.
5. For any bank, clinic, funeral home, business or professional office,
welfare institution or any other similar use or establishment there shall be
provided not less than one (1) parking space for each 400 square feet of gross
floor area thereof.
6. For any hospital, sanitarium, convalescent home or any other similar
use or establishment there shall be provided not less than one parking space for
each five (5) beds, or any portion thereof.
7. For any eating or drinking establishment or any similar use there
shall be provided not less than one (1) parking space for each 200 square feet of
gross floor area thereof.
8. For any retail store, except a food market, there shall be provided
not less than one (1) parking space for each 600 square feet of gross floor area
thereof.
9. For any food market establishment or any similar use with a gross floc
area of less than 2500 square feet there shall be provided not less than one (1)
parking space for each ?50 square feet of gross floor area thereof. For each
gross floor area in excess of 2500 square feet there shall be one (1) parking
space for each 100 square feet of gross floor area thereof.
10. For any manufacturing, processing, wholesaling, or any other industria
use or establishment including any printing or engraving establishment or any ware-
house or storage building there shall be provided one (1) parking space for each
500 square feet of gross floor area thereof.
11. For any laundromat, launderette, washerette, washeteria, self-service
laundry, or any similar use or establishment under a different name there shall be
provided one (1) parking space for each two (2) washing machines or portion thereof
12. For any bowling alley there shall be provided four (4) parking spaces
for each bowling alley thereof.
13. For any motel, tourist court, camp ground or similar use or estab-
lishment there shall be provided one (1) parking space on the same parcel of land
for each individual sleeping or living unit in addition to such unit.
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14. For any trailer park there shall be provided on the same parcel of lan
not less than one (a) parking space per trailer, in addition to the space provide4
for the trailer.
15. For any gasoline, oil or lubricating service station, motor vehicle
service and repair establishment, or any similar use there shall be provided not
less than one (1) parking space for each 1,000 square feet of gross plot plan are,
thereof.
16. For any automobile washing or cleaning establishment or any similar
use there shall be provided not less than one (1) parking space at the locations
of ingress and egress for each 600 square feet of gross floor area thereof. For a.
such establishment using the same facility for ingress and egress there shall be
provided not less than one (1) parking space for each 300 square feet or gross fl
area thereon.
B. Distance Measurements - The distance to any parking space area as herein
required shall be measured between the nearest point of the off-street parking fac
lity and the nearest point of the building said parking area or facility is to
serve.
C. Mixed Uses - In the case of any use lot listed herein, the number of
parking spaces required for such use shall be the same as for a similar use which
is listed. In the case of mixed uses in the same building or structure, the total
requirement for off-street parking facilities shall be the sum of the requirements
of the various uses computed separately from the items set out in this section,
and off-street parking facilities for one use shall not be considered as providing
required parking facilities for any other use except as hereinafter specified for
collective use.
D. Collective Parking Facilities - Nothing in this section shall be con-
strued to prevent collective provision of any off-street parking facility for two
or more buildings or uses providing, however, that the total number of off-street
parking spaces shall not be less than the sum of requirements for the various
individual uses computed separately in accordance with the items set out in this se
E. General - All parking spaces provided pursuant to this section shall
be on the same lot with the building, except that the Board may permit the parking
spaces to beon any lot within three hundred (300) feet of the building, except
that the requirements of paragraphs 13 and 14 shall not be so waived, if it
determines that it is impractical to provide parking on the same lot with the
building. The requirements set forth in paragraphs 3, 5, 6, 7 and 8 first above m
be waived by the Board in the case of a building erected or altered as a result of
destruction by fire, Act of God or other cause, or whenever the Board determines
that more than seventy-five (75) per cent of the privately owned lands within
three -hundred (300) feet of the building to be erected, enlarged or altered are
improved with buildings regularly occupied and used.
bor
:tion.
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1V. Off -Street Loading
On the same premises with every building, structure or part thereof
hereafter erected, established or enlarged and occupied for manufacturing, storage
warehouse, goods display, department store, wholesale store, market,hotel, mortuar ,
laundry, dry cleaning or other uses, involving the receipt of distribution by
vehicles of materials or merchandise, there shall be provided and maintained ade-
quate space for standing, loading, and unloading in order to avoid undue interfer-
ence with public use of the street or alley.
Such space, unless otherwise adequately provided for, shall include a 12 foot
by 35 foot loading, -space with 14 foot height clearance for every 20,000 square fee
or fraction thereof in excess of 3,000 square feet of floor and land area used for
above mentioned purposes. These requirements may, upon application, be increased,
modified, or waived by the Board where the conditions or circumstances justify
such action, provided it has obtained thereon the recommendation of the Police
Department.
V. Public Parking Area
Every parcel of land which, after the effective date of this ordinance, is
changed to a public parking area, automobile, motor vehicle or trailer sales or
storage area, or automobile or motor vehicle service station or garage shall be
developed as follows:
(a) Such area, where subject to wheeled traffic, shall be paved with
bituminous, concrete or other all-weather, dust -proof surfacing and shall have
appropriate bumper guards where needed.
(b) Where such area adjoins a lot in an R zone a solid wall, compact
evergreen screen or uniformly painted board fence having a height of not less than
four (L) feet shall be erected and maintained between such area and the property
in R zones/ Such enclosures shall be at least five (5) feet from the side of a
lot in an R zone, and all required front and side yards shall be properly maintaine
as such. Where such area is across the street from an R zone a compact evergreen
screen having a height of not less than four (4) feet shall. be erected and main-
tained between such area and the property in the R zone, and all required front
yards shall be maintained as such.
(c) Any light used to illuminate said parking area shall be so arranged
as to reflect the light away .from the adjoining premises in an R zone.
VI. Permanency of Spaces Provided
Any off-street parking or loading space established prior to the effective
date of this ordinance and which is used or intended to be used in connection with
any main building, structure or use, or any spaces designed and intended to comply
with the requirements of this ordinance for any such main building or structure
erected after such effective date, shall hereafter be maintained so long as said
building or structure remains, unless the owner provides and maintains in another
location an equivalent number of required spaces in conformance with the provisions)
of this ordinance.
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Any conveyance of such parking or loading space, or transfer of interest
therein, by the owner of the property served thereby without a simultaneous convey-
ance or transfer of the property served thereby to the same grantee or transferee,
or without suitable provision being made in another location for the maintenance of an
equivalent number of required spaces in conformance with the provisions hereof,
shall be unlawful.
SECTION 10. General Height Provision
Height Conformance - Except as hereinafter provided, no building or structu e
shall be erected, enlarged, or reconstructed to exceed the height limit established
for the zone wherein such building or structure is located.
SECTION 11. General Area Provisions
Area Requirements - Except as hereinafter provided, no building or struc-
ture shall be erected on a lot unless such building, structure or enlargement con-
forms with the area regulations of the zone in which it is located.
1. Reduction of Lot Area - No lot area shall be so reduced., diminished
and maintained that the yards, other open space or total lot area shall be smaller
than prescribed by this ordinance, nor shall the density of population be increased
in any manner except in conformity with the regulations herein established.
2. Recorded Lots Less Than Minimum Area - Lots of record at the
time of the enactment of this ordinance, which have less than the minimum area
requirements for R zones may nevertheless be used for the following purposes and
subject to the following conditions:
(a) In an R-1 Zone, for any use permitted therein, except that for
dwellings the lot must have a width of at least LO .feet, and an area of at least
4,000 square feet.
7
(b) In R-2 and R-3 Zones, for any use permitted in R-1 Zones and for
two-family dwellings, except that for one -family dwellings the lot must have a widt
of at least 40 feet and an area of 3,200 square feet, and for two-family dwellings
a width of at least 40 feet and an area of at least 4,000 square feet.
3. Yards Apply to Only One Building - No required yard or other open space
around an existing building, or which is hereafter provided aroung any building for
the purpose of complying with the provisions of this ordinance shall be considered
as providing a yard or open space for any other building; nor shall any yard or
other required open space on an adjoining lot be considered as providing ayard or
open space on a lot whereon a building is to be erected.
4. Only One Main Building On A Lot - Every building hereafter erected shall
be located on a lot as herein defined. In no case shall there be more than one
main building and its accessory buildings on one lot. Row dwellings or multiple
dwellings or a group of either under common ownership may be considered as one main
residential building for the purposes of this subsection.
721
5. Corner Setback - In all zones except the B-2 Zones, in the triangle
formed by the lines of streets intersecting at an angle of less than 135 degrees
and a line joining points on such lines 15 feet distant from their point of inter-
section no building or structure may be erected and no vegetation may be main-
tained between heights of 31 feet and 10 feet above the plane through their curb
grades.
6. Front Yards On a Through Lot - At each end of a through lot there shall
be a front yard of the depth required by this ordinance for the zone in which each
street frontage is located, and one of such front yards may serve as a required
rear yard.
SECTION 12. S Clal_xceptions�'v� "a
The following special exceptions may be permitted by the Board,in accordance
with the procedure set out in Section 35, in any zone where such uses are deemed
essential or desirable to the public convenience or welfare and are in harmony
with the various elements or objectives of the comprehensive design for the City az
Municipal Area, and if their location, site, plan and character of development
are first approved by the Commission. In the exercise of its approval the Comm-
ission may impose such conditions regarding the location, character and other
features of the proposed building or structure or use as it may deem advisable in
the furtherance of the purposes of this ordinance.
I. Airport or aircraft landing field
2. Cemetery
3. Local Government enterprise
4. Motor Vehicle or Rail Terminal
5. Structures and appurtenances incidental to the maintenance
and operation of public utilities and public services
6. Educational Institutions
Land, buildings and structures owned or used at the time of the enactment of
this ordinance for the usual purposes and activities of educational institutions
as defined in this ordinance, including instrustional and recreational uses,
provision for exhibitions and athletic contests, and provisions for living quarter;
dining rooms, restaurants, heating plants and ohher incidental facilities for sru-
dents, teachers and employees, together with land, buildings and structures here-
after acquired for such uses by such educational institutions having a location
adjacent to land now so owned or used by such educational institutions shall be
deemed to be conforming uses in the zone in which the land is located, provided the.
no building shall behereafter erected for such use by any such institution within
30 feet of the bandary line of a lot owned by others in an R zone.
Adjacent, as used in the above paragraph, shall be deemed to include any
property within 1,000 feet of any part of any property owned or used for educationa
purposes by such educational institution at the time of the enactment of this
ordinance.
7. Neighborhood Development Unit
The purpose of this subsection is to establish a more flexible procedure
for the approval of development plans for large tracts of land and to encourage
good planning practices through the submission of such neighbahood development
plans hy prospective developers.
Recent examples of large-scale building of housing, shopping centers and
industrial districts often have met with restrictions in zoning ordinances which,
when drafted, could not anticipate the variety of successful adaptations of good
site planning procedures.
1
/Z
/,077
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Certain acreages, now undeveloped or subject to redevelopment, will lend
themselves to large-scale development as a unit. It is recognized that careful
study and consideration given to such development on a unit basis will be conduci
to a soundly developed neighborhood and community and that approval of a plan
based on such study and consideration will be consistent with the objective,
spirit and interest of this ordinance.
Tracts of land as herein.described to be used for R zone, B zone or DI -1 zone
purposes, or certain combinations thereof, may be developed as a unit; e.g., housi:
shopping center, light manufacturing district.
(a) Land Deemed One Lot - Any parcel of land, including any interior
street, which is designed as and used for a neighborhood development unit may be
deemed to be one lot.
To be considered a neighborhood development unit, the parcel of land
must include at least:
(1) Ten (10) acres if used only for R zone or only for B zone
purposes;
(2) Fifteen (15) acres if used only for M-1 zone purposes, or a
combination of R zone and B zone purposes;
(3) Twenty-five (25) acres if used for combinations of B zone or
M-1 zone purposes.
(b) Application of Regulations - Where a neighborhood development un'
consists of two or more buildings to be constructed on a plot of ground not subdi-
vided into the customary streets and lots, and which will not be so subdivided,
or where the existing or contemplated street and lot layout make it impracticable
to apply the requirements of this ordinance to the individual building units
in such neighborhood development unit, the application of such requirements to
such unit may be varied in a manner that will be in harmony with the character
of the neighborhood, and if residence use be involved, that will insure a lot
area per family no lower and a standard of open space no lower than permitted by
this ordinance in the zone in which the proposed neighborhood develop ment unit is
to be located. If the Board approves plans for a proposed neighborhood development
unit, buildint permits and certificates of occupancy shall be issued in conformance
with such approved plans, even though the use of the land and the location of the
buildings with respect to each other do not conform to the regulations for the zone
in which the development unit is located.
TITLE III - ZONES
SECT_ _IOAT 13. Establishment of Zones. For the purpose of this ordinance,
the City of Paducah is hereby divided into ten (10) zpnes designated as follows:
C-1 Conservancy Zone
R-1 One -Family Zone
R-2 One -Family Zone
R-3 Two -Family Zone
R-4 Multiple Dwelling Zone
B-1 Neighborhood Business Zone
B-2 Downtown Business Zone
B-3 General Business Zone
M-1 General Industrial Zone
D'i-2 Heavy Industrial Zone
The above zones and the boundaries of such zones are hereby established as shown
on the map entitled "City of Paducah Plan - Zoning Map" dated 1 19'
and identified by the signatures of the Chairman of the Commission and the Dlayor
of the City, duly attested by the Clerk of the City, which may accompanies this
ordinance and is on file in the office of the Commission and the Fiscal Court of
McCracken County. Said map and aa)l explanatory matter thereon are hereby adopted
and made a part of this ordinance, and a copy thereof shall be filed of record in
the office of the Clerk of the McCracken County Court.
Upon annexation of new areas to the City of Paducah, such areas shall
automatically be classified as R-1 until such time as this ordinance may be amended
to provide otherwise.
SECTION 14. Zone Boundaries.- Unless otherwise indicated, the zone boundary
lines are the center lines o streets, parkways, alleys or railroad rights-of-way,
or such lines extended. Other lines within blocks are rear or side lot lines,
or such lines extended, as they exist as of the effective date hereof.
Where the street or lot layout actually on the ground varies from the layout
as shown on the zoning map, the Lxecutive Secretary shall interpret said map
according to the reasonable intent of this ordinance. Any party aggreived by any
such interpretation of the Executive Secretary may apply to the Commission for its
interpretation, and the decision of the Commission in that respect shall be final'
723
and binding. In making their interpretations, both the Executive Secretary and
the Commission shall give due regard to the minutes of the Commission, if any,
related to discussions of and decisions on the particular boundaries in question
at the time the final report referred to in Title I hereof was under consideration]
TITLE IV - CONSERVANCY ZONE REGULATIONS
SECTION 15. C-1 Conservancy Zone. This zone is created to protect the public
health and to reduce the financial burdens imposed on the community, its govern-
mental units and its individuals which may result from improper use of lands
having excessively high water tables or which are subject to frequent and periodic
floods and overflow. The boundaries of this zone have been determined from the
published data of the U. S. Engineers with reference to the high water level of
1913. In the event that it can be clearly demonstrated that any such lands are
not subject to inundation by the high water level reached in 1913, or if such
lands are adequately drained or sufficiently protected from the risk of overflow,
they should be removed from the C-1 Zone and classified intoan R Zone. Such de-
termination and reclassification shall be made by the Boardin the manner described
for the granting of special exceptions in Section 12 of this ordinance. The re-
classification of such lands into any other use zone shall be subject to the
procedure set out in Title XII.
The following regulations and the regulations contained in Title II shall
apply in the C-1 Conservancy Zone:
A. Permitted Uses - So long as the use does not require the erection of a
structure intended for year-round use or occupancy, fences excepted.
General Agricultural Operations - Including crop or tree farming,
and truck gardening, but this shall not include or permit:
(a) The disposal of garbage.
(b) A use or activity engaged in within three hundred (300) feet of
a residential or business structure, if such use or activity
results in unreasonable and continuous odor or dust. In the
event such use is conducted within three hundred (300) feet
of a residential or business zone boundary, no right shall be
acquired to continue such use after the erection of a residential
or business structure adjacent to the zone boundary.
2. Forestry.
3. Public Parks, Playgrounds, Recreational Areas. and Private
Recreational Developments- So long as a structure intended for
regular ocEupancy is not erected.
4. Exceptions- To use regulations as provided for in Section 25.
B. Uses Prohibited
All uses other than those permitted above are prohibited.
TITLE V - RESIDENTIAL ZONE REGULATIONS
SECTION 16. R-1 One -Family Zone. The following regulations and the regulati
contained in TIT LE=shall apply in the R-1 One -Family Zone:
A. Permitted Uses
1. Any Use Permitted inthe_C-1_Conservancy_Zone.
2. One -Family Detached Dwelling.
3. Multiple Dwelling - Resulting from the conversion of a building
existing at the effective date hereof, provided that:
(a) The external character and appearance of the building
remains unchanged except for necessary entrances and
exits on the first floor only.
(b) The resultant lot area per dwelling unit is not less
than 3000 square feet.
4. Special Residences - As set forth in Section 19A
5. Park Playground or Community Center - Owned and operated by a
governmental Agency.
724
6. Churches Public and Parochial Schools - Including an attached
or free-standing announcement sign, bulletin board or wayside
Pulpit not to exceed twenty-five (25) square feet in area.
7. Parking Space - On lots used for residential purposes where the
capacity does not exceed one vehicle for each 2500 square feet of
lot area but in no case need be less than two vehicles; on lots
below the minimum area for residential purposes as specified in
Section 11, in a garage. -only.
8. Public Parking Area - When located and developed as required in
Section 9, and where the area adjoins a commercial or industrial
zone, provided such transitional use does not extend more than 10(
feet from the boundary of the less restricted zone.
9. Uses Customarily Incident - To any of the above uses, including
home occupation, provided that:
(a) Such occupation is situated in the same dwelling unit as
the home of the occupant.
(b) The residential character of such dwelling is not
changed and,
(c) There shall be not more than one assistant employed.
10. accessory Building - Including
or a recreation a private garage, accessory living
quarters, eation room provided that:
(a) No accessory -living quarters are located on any lot having
an area of less than 8000 square feet.
Accessory living quarters, recreation room and a private
garage or any combination of such uses may be included in a
building of one or two stories in height provided that the
portion of such building designed for accessory living
quarters or recreation room exceeding 10 feet in height is
located not nearer than 10 feet to a<iny lot line.
(b) Where the rear yard of a through lot abuts upon a street no
accessory building shall be erected nearer to such street
than the minimum depth of the front yard requirements on such
street.
(c) In a rear yard of a corner lot no accessory building shall
be erected nearer than 20 feet to the side street.
11. Name Plate or Signs - One name plate for each dwelling unit,
excluding illuminated signs of the flashing or animated type, not
exceeding 12 square feet in area, indicating the name of the
occupant or any permitted occupation; unlighted signs not exceeding
a total of 12 square feet, pertaining to the prospective rental or
sale of the property on which they are located; provided that such
signs shall be located not less than 1.5 feet from the front or side
lot line except where affixed to the wall of the building and not
extending over the sidewalk.
12. Exceptions - To use regulations are provided for in Section 25.
B. Height
I. Maximum Height - Two and one-half stories not to exceed 35 feet
2. Exce tions - To height regulations are provided forin Section
2
C. Lot area and Yards
1. Lot Area - Every lot shall front on a dedicated street
and have a minimum width at the building lime of 75 feet and
a minimum area of 12,000 square feet.
2. Front Yard - There shall be a front yard of not less than
40f— eet.
3. Side Yard - Each lot, except as otherwise specified, shall
have two side yards each having a width of not less than B
feet and the aggregate width of both side yards on any lot
shall be not less than 30 per cent of the width of the lot.
4. Rear Yard - There shall be a rear yard of not less than 25 per
cent of the depth of the lot, but such rear yard shall not
exceed 25 feet.
5• Lot Coverage - Not more than 25 per cent of the area of a lot
may be covered by buildings or structures, provided that such
lot coverage need not be reduced to less than 1200 square feet.
6. Exceptions - To yard regulations are provided for in Section 27.
D. Building Size
No building shah. be erected for residence purposes having a ground,
floor area of less than one thousand (1000) square feet.
SECTION 17. R-2 One -Family Zone. The following regulations and the regu-
lations contained in TITLE II shall apply in the R-2 One -Family Zone:
725
/7-Iq y
A. Permitted Uses
1.
Any Use Permitted in the R-1 One -Family Zone.
2.
Multiple Dwelling - Resulting from the conversion of a
building existing at the effective date hereof provided that:
(a) The external character and appearance of the building
remains unchanged except for necessary entrances and
exits on the first floor only.
(b) The resultant lot area per dwelling unit is not less
than 2,500 square feet.
3.
Special Residences - As set forth in Section 19A.
B. Height
1.
Maximum Height - Two stories not to exceed 25 feet.
2.
Exceptions - To height regulations are provided for in Section 26.
C. Lot
Area and Yards
1.
Lot Area - Every lot shall front on a dedicated street and
Ha'yea minimum width of 60 feet at the building line. The
minimum area of such lot shall be 7500 square feet or, in the
event the lot is not served by a sanitary sewer, suvh larger area
as is certified by the Paducah -McCracken County Health Department)
as necessary for the safe and efficient disposal of sewage
thereon.
2. Front Yard - There shall be a front yard of not less than 25 feet
3. Side Yard - Each lot, except as otherwise specified shall halve
Two side yards each having a width of not less than t feet and
the aggregate width of both side yards on any lot shall be not
less than 30 per cent of the width of the lot.
4. Rear Yard - There shall be a rear yard of not less than 25 per
cent of the depth of the lot, but such rear yard need not exceed
25 feet.
5• Lot Coverage - Not more than 30 per cent of the area of a lot
may be covered by buildings or structures, provided that such
lot coverage need not be reduced to less than 800 square feet.
6. Exceptions - To yard regulations are provided for in Section 27.
D. Building Size
No building shall be erected for residence purposes having a ground
floor area of less than seven hundred twenty (720) square feet.
SECTION 18. R-3 Two -Family Zone. The following regulations and the regula-
tions contained in TITLE II shall apply in the R-3 Two -Family Zone:
A. Permitted Uses
1• Any Use Permitted in the R-2 One -Family Zone
2. Two -Family Dwelling
3. Row -Dwelling - Not to contain more than four dwelling units.
726
4. Multiple Dwelling - Resulting from the conversion of a
building existing at the effective date hereof, provided that:
(a) The external character and appearance of the building
remains unchanged except for necessary entrances and
exits on the first floor only.
(b) The resultant lot area per dwelling unit is not less than
2000 square feet.
5. Special Residences - As set forth in Section 19A.
6. The Following Special Exceptions - If their location is first
approved by the Board as provided for in Section 36:
(a) Lodging House or Tourist Home
(b) Doctor's Office
(c) Fraternity or Sorority House - Owned by students or alumn:
7. Name Plate or Signs - One identification sign not exceeding 1;
square feet in area for multiple dwellings, provided that such
sign shall be located not less than 15 feet from the front or
side lot dine except where it is affixed to the wall of the
building and does not extend over the sidewalk.
S. Exceptions - To use regulations are provided for in Section 25,
B. Height
1. Maximum Height - Two stories not to exceed 25 feet.
2. Exceptions - To height regulations are provided for in Section
26.
C. Lot Area and Yards
1. Lot Area per Dwelling Unit - The minimum lot area per dwelli
unit shalt be 2500 square feet.
2. loot Area - Every lot shall have a minimum width of 50 feet
at the building line and a minimum area of 6000 square feet,
or, in the event the lot is not served by a sanitary sewer,
such larger area as is certified by the Paducah -McCracken
County Health Department as necessary for the safe and effici
disposal of sewage thereon.
3. Front Yard - Same as required in R-2 Zone, Section 17.
4. Side Yards - Same as required in R-2 Zone, Section 17.
5. Rear Yard - Same as required in R-2 Zone, Section 17.
6. Lot Coverage - Same as required in R-2 Zone, Section 17.
7. Exceptions - To yard regulations are provided for in Section
D. Building Size
No building shall be erected for residence purposes having a grou
floor area of less than six hundred (600) square feet. The minim
floor area for each dwelling unit or a two-family residence be
350 square feet, exclusive of porches, breezeways, terranes,
garages, and exterior and secondary stairways.
SECTION 19. R-4 Multi le Dwellin Zone. The following regulations and the
regulations contained in T TLE s all apply in the R-4 Multiple Dwelling Zone:
A. Permitted Uses
1. Atty Use Permitted in the R-3 Two" -Family Zone -
Provided that all R9� uses shall be subject to the
same limitatbns and controls as specifically set
forth in the R-3 Zone, Section 1$.
2. Multiple Dwelling
3. Apartment Hotel or Hotel - In which incidental business may
conducted only as a service for persons living therein, pro-
vided there is no entrance to such place of business except
from the inside of the building.
4. Fraternity or Sorority House - Pwned by students or alumni.
727
5. Lodging House or Tourist Home
6. Doctor's Office
7. Nursing or Rest Home
8. Non-profit Club Lodge or Fraternal Association -
Including an attached or free=standing bulletin board or
announcement sign not to exceed 25 square feet in area.
9. Exceptions - To use regulationsare provided for in Section 25.
B. Height
1. Maximum Height - Five stories not to exceed 65 feet.
2. Exceptions - To height regulations are provided for in Section 16.
C. Lot Area and Yards
1. Lot Area per Dwelling Unit - The minimum lot area per dwelling
unit shall be 1800 square feet.
2. Lot Area - Same as required in R=3 Zone, Section 18.
3. Front Yard - There shall be a front yard of not less than 5 per
cent of the depth of the lot for each story, but such front yard
shall be not less than 12 feet and need not exceed 50 feet.
4. Side Yards - Same as required in R-2 Zone, Section 17, except
that For a building more than two stories in height each side
yard shall be increased 1 foot in width foreach additional 3
feet in height.
5. Rear Yard - There shall be a rear yard of not less than 25 per
cent of the depth of the lot, but such rear yard need not
exceed 35 feet.
6. Courts
(a) An inner court shall not have any horizontal dimension,
measured at right angles to any wall in which are located
windows, except windows which open from a public hallway,
which is less than the height of the building above the
floor level of the story containing such window. No
other dimension of such court shall be less than 1/2 the
height of the building above the floor level of the lowest
story served by the court. The length of an inner court
shall not exceed twice its width.
(b) Each outer court which has a depth of four (4)
feet or more, and on which windows open, except windows
which open from a public hallway, shall hate a width equal
to not less than the height of the building above the floor
level of the story containing such window, but no court
shall have r, width of less than 20 feet; and each court
shall have a depth of not more than 11 times th actual
width; provided, however, that any such court with a depth
of not more than 6 feet need not have a width exceeding 20
feet.
7. Lot Coverage - Not more than 40 per cent of the area of a lot
may be covered by buildings or structures, proiided that such
lot coverage need not be reduced to less than 800 square feet.
8. Exceptions - To yard regulations are provided for in Section 27.
D. Building Size
Same as required in R-3 Zone, Section 18.
SECTION 19A. Special Residences in R-1. R-2 and R-3 Zones.
A. New multiple family residential structures are permitted uses in the
R-1, R02 and R-3 Zones, subject to the following conditions: C
1. Such structures shall comply with the requirements of
the respective zones in which they are located with
reference to Uses Permitted, Height, Lot Area, Yards,
Lot Coverage and Exceptions, any such multiple dwelling
structure being treated as one main residential building
for this purpose.
2. Plans for the proposed construction shall be submitted to and
approved by the Commission prior to the issuance of a building
permit, which plans shall be accompanied by the written statement
,c / (/. / 4 ss-
!rS
SF
728
of an architect registered in the State of Kentucky
certifying that such plans comply with the requirements of
this section.
3. The minimum lot area per dwelling unit shall be:
In the R-1 Zone, 4,000 square feet
In the R-2 Zone, 3,000 square feet
in the R93 Zone, 2,500 square feet
4. The minimum floor area for each dwelling unit, exclusive of
porches, breezeways, terraces, garages, and exterior and
seconda ry stairways shall be:
In the R-1 Zone, 500 square feet
In the R-2 Zone, 350 square feet
In the R-3 Zone, 300 square feet
5. The minimum ground floor area .for each such structure shall be:
In the R-1 Zone, 1,000 square feet
In the R-2 Zone, 720 square feet
In the R-3 Zone, 600 square feet
B. The provisions of this Section 19A shall also be applicable to the
conversion into a multiple dwelling of a building erected after the effective
date hereof.
TITLA VI - BUSINESS ZONE REGULATIONS
4r^�q�''v!�%- SECTION 20. B-1 Neighborhood Business Zone. The following regulations
and the regulations contained in TITLE II shall apply in the B-1 Neighborhood
Business Zone:
A. Permitted Uses
�y 1. Any Use Permitted in the R04 Multiple Dwelling Zone -
in Ir Provided that all R-4 uses shall be subject to the same
Climitations and controls as specifically set forth in Section
?/ 5� 19.
) 2. Mixed Uses - A combination of any of the uses permitted in
/per d this Section 20, provided that sudh of said mixed uses as
V must be conducted within a building are confined to the main
building on a lot (e.g., business use on ground floor and
residential use pn upper floor).
3. The Following Uses - Provided they are conducted wholly with-
in a building, except for off-street loading of delivery
vehicles which are incidental thereto as required in Section 9
(a) Bakery
(b) Barber shop or beauty parlor
(c) Book or stationery store
(d) Clothes cleaning agency or pressing establishment
(e) Confectionery store
(f) Custom dressmaking or millinery shop
(g) Drug store
(h) Florist or gift shop
(i) Grocery, fruit or vegetable store
(j) Hardware or electrid appliance store
(k) Jewelry store
(1) Laundry Agency
(m) Laundromat, Launderette, washerette, washeteria, self-
service.laundry or other similar establishment providing
facilities for individual customer laundering
(n) Meat Market or delicatessen
(o) Music store or newsstand
(p) Office, business or professional
(q) Package liquor store
(r) Photographer
(s) Restaurant, tea room or safe (excluding dancing or
entertainment)
(t) Shoe store or shoe repair shop
(u) Tailer, clothing or wearing apparel store
(v) Theatre
(w) Variety store
The above specified stores, shops or businesses shall be r
establishments selling new merchandise exclusively.
��7729
All products shall be sold at retail on the premises and not
more than four persons shall be engaged exclusively in the proce s
or production.
4. Automotive Service Station - In accordance with the State of
Kentucky regulations concerning the use, handling,storage and
sale of flammabl
e liquids, provided that any tire or tube
repairing, battery charging and storing of merchandise or
supplies is conducted wholly wihin a building. Plans for the
erection or structural alteration of an automobile service
station shall be approved by the Commission. The Commission
may require such change therein in relation to yards, driveways,
entrances, exits, location of pumps and buildings and constructs n
of buildings as it may deem best suited to insure safety, to
minimize traffic difficulties and to safeguard adjacent propertis.
The service station use area shall be developed as required in
Section 9.
5. Sign - Any exterior sign displayed shall pertain only to a use
conducted within the building, may not extend over any street
line, and shall be located 50 feet or more firom an R zone
boundary line. In no case shall a sign project above the roof
line, or exceed 3 square feet in area for each front foot of
the building displaying such sigxi.
6. Uses Customarily Incident - To any of the above uses and
accessory buildings, when located on the same lot, including
a garage for the exclusive use of the patrons of the above
stores pr businesses.
7. Public Parking Area - For the exclusive use of the partons of
the stores, shops or businesses in the immediate business zone
when located and developed as required in Section 9.
B. Height
1. Maximum Height - Three stories
2. Exceptions - To height regulations are provided for in Section 2 ,
C. Yards
1. Front Yard - Where the block frontage is located wholly in the
B zone and where the distance between the center line of the
street and the front property line is 30 feet or more in width
no front yard is required. Where the distance between the center
line of the street and the front property line is less than 30
feet in width the ground floor set back of the business structure
or use shall be sufficient to provide a 30 foot open space
between said center line and said business structure or use.
Where the block frontage is located partly in the B zone and
partly in an R zone the front yard requirement of the R zone
shall apply in the B zone.
2. Side Yards - Where the side of a lot in the B zone abuts upon t
side of a lot in an R zone, there shall be a sideyard of not le
than 4 feet for each story of height, but such side yard shall
not be less than 6 feet in width. In all other gases, a side
yard fqr a business building shall not be required, but if pro-
vided, it shall be not less than 4 feet in width.
3. Rear Yard - Where the B zone abuts an R zone there shall be a
rear yard of not less than 20 per cent of the depth of the lot,
but such rear yard need not exceed 20 feet. In all other cases
no rear yard shall be required, but if provided, it shall be not
less than 4 feet in depth.
4. Exceptions - To yard regulations are provided for in Section 27.
SECTION 21. B-2 Downtown Busiess Zone. The following regulations and the
regulations contained in TITLE II shall apply in the B-2 Downtown Business Zone:
A. Permitted Uses
1. Any use permitted in the R-4 MuH212 Dwelling Zone -
Provided that all R-4 use shall be subject to the same
limitations and controls as specifically set forth in the R-4
Zone, Section 19.
2. Mixed Uses - A combination of any of the uses permitted in
this Section 21, provided that such of said mixed uses as
must be conducted within a building are confined to the main
building on a lot (e.g., business use on ground floor and
residential use on upper floor).
730
k--=.
3. Anv Use Permitted in the B-1 Neighborhood Business -Zone -
;s"P;. di `aL
Provided
that B-1 uses shall be subject to the same
limitations and controls, excepting height, as specifically se
oZ/—fj
forth in the B-1 Zone, Section 20, and the following uses:
13
(a)
Advertising sign and billboard
p /
5
(b)
(c)
Auditorium
Automobile or trailer sales Provided that any display
83
-
or storage area shall be developed as required in
Section 9; and that any incidental repair of automobiles
or trailers shall be conducted and confined wholly
within a building
(d)
Bank
(e)
Bar, cocktail lounge and the like
(f)
Bath, turkish and the like
(g)
(h)
Bird store, pet shop or taxidermist
Blue
(i)
printing or photosL-ating
Catering establishment
(j)
Department, furniture or radio store
(k)
Dry cleaning establishment using not more
than two clothes cleaning units neither of which
shall have a rated capacity or more than 40 pounds,
using cleaning fluid which is non -explosive and non-
inflammable.
(1)
Film exchange
(m)
Interior decorating store
(n)
Medical or dental clinic or labaratory
(o)
Music conservatory or music instruction
(p)
Parking garage
(q)
Pawnshop
(r)
Rescue or temporary revival mission
(s)
Trade or business school or private school
operated as a commercial enterprise
(t)
Wholesale merdhandise broker, excludingwholesale storage
(u)
Other retail business and service establishments, not.
specifically referred to in this ordinance, selling new
merchandise exclusively.
Q NA r, ii:.D
4. The following Uses - Conducted wholly within a building
for loading delivery which are
a/-�-
Il�
except off-street of vehicles
incidental thereto as required in Section 9:
(a)
Art or Antique shop
3 g�
(b)
Second hand store
(c)
Upholstering shop
5. The Following Special Exceptions - If their location is first
approved
by the Board, as provided for in Section 36.
(a)
Funeral Home
(b)
Hospital or sanitarium oor contagious, mental, drug or
liquor addict cases or animal hospital
(c)
Public service, including electric distributing sub-
station or telephone exchange.
i^�� /���/✓
6. Uses
Customarily Incident - To any of the above uses and
accessory
buildings when located on the same lot, provided:
(a)
There shall be no manufacture, compounding, processing
or treatment of products other than that which is clearly
incidental and essential to a retail store or business an
where all such products are sold at retail on the premises.
(b)
There shall be not more than five persons engaged in the
manufacture, compounding, processing or treatment of
products; or in catering, cleaning, laundering, plumbing,
upholstering and the like.
(c)
Such uses, operations or products shall he not objection-
able due to odor, dust, smoke, noise, vibration or other
similar causes.
B.
Height
1. Maximum Height - Ten stories not to exceed 120 feet.
2. Exceptions
- To height regulations are provided Fbr in Section
26.
C.
Yards
1. Front Yard - Same as B-1 Zone, Section 20.
731
2. Side Yards - Same as B-1 Zone, Section 20
3. Rear Yard - Same as B-1 Zone, Section 20
4. Exceptions - To yard regulations are provided for in Section 27.
SECTION 22. B-3 General Business Zone The following regulations and the Al
regulations contained in TITLE II shall apply in the B-3 General Business Zone: K
A. Permitted Uses
1. Any Use Permitted in the B-2 Downtown Business Zone - /6
Provided all B92 uses shall be subject to the same limitations
and controls excepting those regarding maximum height, as
specifically set forth in the B-2 Zone,Section 21. B-2 uses
in the B-3 `Lone shall be subject to the maximum height prescribed
in this Section.
2. Nixed Uses - A combination of any of the uses permitted in this
Section 22, provided that such of said mixed uses as must be
conducted within a building are confined to the main building
on a lot (e.g., business use on ground floor and residential use
on upper floor.)
3• Drive -In Business - Including motels, drive -in -theatres,
refreshment stands, food stores, banks and the like where patron;
may enter the premises or be served in automobiles. Plans for
the erection or structural alteration of such drive-in business
establishent shall be submitted to and approved by the Commissior
The Commission may require such changes therein in relation to
yards, driveways, driveway entrances and exits, and the location
and height of buildings and enclosures as it may deem best suitec
to insure safety, to minimize traffic hazards or difficulties,
and to safeguard adjacent properties. The drive-in business
use area shall be developed as required in Section 9.
4. Greenhouse, Nursery Flower or Plant Provided all incidental
equipment is kept wholly within a building.
5• Sign Painting or Tire Shop - Provided all activities shall be
conducted wholly within a building.
6. Public Service - Including electric distributing substation,
fire, or police station, telephone exchange and the like.
7. The Following Uses - Provided they are conducted wholly within
a building except for the off-street loading of delivery vehicles
which are incidental thereto as required in Section 9; and pro-
vided further, that where such uses are within 50 feet of an R
zone boundary line, the building wall facing said R zone shall
have no openings other than stationary window openings:
(a) Amusement enterprise, including billiard or pool hall,
bowling alley, boxing arena, dance hall, games of skill
or sciense, penny acrade, shooting gallery and the like.
(b) The storage of self-propelled vehicles which are for
remuneration or hire.
(c) Carpenter, cabinet, plumbing or sheet metal shop,
including fabrication and assembling but excluding
manufacture.
(d) Building material sales office and accessory storage of
materials, including incidental mill work/
(e) Ice storage house with not more than five tons capacity.
$. The following Uses - Provided they are conducted more than
50 feet from an R zone boundary line:
a)
b)
c)
d)
e)
f)
h)
k)
(m)
Bottling works
Camp ground
Circus or transient amusement
Creamery or ice cream manufacture
Drive-mn theatre
Driving tees or ranges
Feed or fuel store
Funeral home
Ice manufacture or cold storage
Laundry or dry cleaning establishment
Poultry or rabbit killing incidental to retail
sales on the premises
Stadium
Trucking yard or terminal
Wholesale merchandise storage
ftl;Z e" / 91.5' 5;,—
&VL 3 SP3
732
(o) Any use permitted in the M-1 Zone provided
that not more than 10 per cent of the rentable floor
area of any floor of a building is devoted to such use.
In determining the floor area so used it shll be all
the rentable floor area occupied by concerns engaged in
such production activities edclusive of that used for
offices, display, waiting rooms, or clerical work.
9. The Following Uses - Provided where they are within 150
feet of a lot in a more restricted zone they shall be conducted wholly within a
building or within an area enclosed on all sides with a solid wall, compact ever-
green screen or uniformly painted board fence, not less than 4 feet in height;
except for the off-street loading of delivery vehicles which are incidental thereto
as required in Section 9:
(a) Building material sales yard, including the sale of
lumber, rock, sand and gravel, but excluding concrete
mixing.
(b) Contractor's equipment storage yard or plant or rental
of equipment commonly used by contractors.
(c) Draying, freighting, or trucking yard or terminal.
(d) Feed or fuel yard.
(e) Public Utility service yard or electrical
receiving or transforming station.
B. Height
1. Maximum Height - Three stories not to exceed 45 feet.
2. Ex2e tions - To height regulations are provided for in
76.
C. Yards
I. Front Yard - Same as B-1 Zone, Section
2. Side Yards - Same as B-1 Zone, Section 20
3. Rear Yard - Same as B-1 Zone, Section 20
4. Exceptions - To area regulations are provided for in Section
27.
TITLE VII - INDUSTRIAL ZONE REGULATIONS
SECTION 23. M-1 General Industrial Zone. The following regulations and the
regulations contained in TITLE II shall apply in the M-1 General Industrial Zone:
A. Permitted Uses
1. Any Use Permitted in the B-3 General Business Zone - Provided
all b-3 uses shall be subject to the sam limitations and controls as specifically
set forth in the B-3 Zone,., Section 22, and provided further that a building con-
taining dwelling units shll be permitted only where it is within 200 feet of an
abutting R zone.
2. The Following Uses - Provided where they are within 150
ric
feet of a lot in a more restted zone they shall be conducted wholly within a
building; except for the off-street loading of delivery vehicles which are incidentel
thereto as required in Section 9:
(a) The manufacture, compounding, processing, packaging or
treatment of such products as bakery goods, candy, confections, cosmetics, drugs,
perfumes, pharmaceuticals, perfumed toilet soap, toiletries, and food products
except fish and meat products, sauerkraut, vinegar, yeast and the rendering or
refining of fats and oils.
(b) The manufacture, compounding, assemt1ing or treatment of
articles, or merchandise from the following prepared materials: bone, cellophane,
canvas, cloth, cork, feathers, felt, fibre, fur, glass, hair,rhorn, leather, paper,
plastics, precious or semi-precious metals or stones, tobacco, wood (excluding plan ng mill),
yarns, and paint not employing a boiling process.
(c) The manufacture of pottery or figurines or other
similar ceramic products, using only previously pulverized clay, and kilns fired
only by electricity or gas.
(d) The manufacture or maintenance of electric or neon
signs, billboards, advertising structures, light sheet metal products including
heating or ventilating ducts or equipment cornices, eaves and the like.
(e) The manufacture of musical instruments, clocks, watches,
toys, novelties and rubber or metal stamps.
(f) Automobile assembling, painting, unholstering, re-
building, reconditioning truck repairing or overhauling; tire retreading or
recapping; battery manufacturing.
(g) Assembly of electrical appliances, electrinic instrumen
and devices, radios and phonographs, including the manufacture of small parts only
such as coils, condensers, transformers, crystal holders.
(h) Blacksmith shop, manufacture of machine tools, manufact
of machinery, including agricultural, automotive, electrical machinery or equipmen
office or store machines, equipment or supplies and the like, machine shop, ex-
cluding punch presses over 100 tons rates capacity and drop hammers.
noxious fumes or odors(i) Foundry casting lightweight non-ferrous metal not
Picture or film. (j) Laboratory -experimental or testing; photo, motion
(k) Animal hospital or kennels.
(1) Chick hatchery.
3• The Following Uses - Provided where they are within 150 feet
of a lot in a more restricted zone they shall be conducted wholly within a
building or within an area enclosed on all sides with a solid wall, compact
evergreen screen or uniformly painted board fence not less than 6 feet in height;
except for the off-street loading of delivery vehicles which are incidental thereto
as required in Section 9:
(a) Automobile wrecking
(b) Bleaching or dyeing
(c) Body or fender works
(d) Brewery or liq uor distillery
(e) Brick, tile, terra cotta or cinder block manufacture
(f) Stone cutting
(g) Storage, sorting, collecting or bailing of
rags, paper, metal or junk
4. Uses Customarily Incident - To any of the above uses and
accessory buildings when located on the same lot.
B. Height
1. Maximum Height - Three stories not to exceed 45 feet.
No building or structure nor the enlargement of any building
or structure shall be hereafter erected or maintained to exceed the height re-
quirements of an adjacent R zone when such building or structure is within 150
feet of said adjacent R Zone.
2. Ex2e tions - To height regulations are provided for in Section
26.
C. Yards
1. Front Yard - Not required; except where a structure hereafter
erected or extended, faces property in an R zone the front yard of the R zone shall
apply; or where the block frontage is located partly in the M zone and partly in an
R zone, the front yard requirement of the R zone shall apply in the M zona
2. Side Yards - Where the side of a lot in the M-1 zone abuts upon
the side of a lot in an R zone, there shall be a side yard of not less than 4 feet
for each story or 12 feet in height, but such side yard shall be not less than 6
feet in width. In all other cases, a side yard for an industrial building shall
not be required, but i.f provided, it shall be not less than4 feet in width.
3. Rear Yards - Where the rear of a lot in the M-1 Zone abuts upon
a lot in an R zone there shall be a rear yard of not less than 20 per cent of the
depth of the lot, but such rear yard need not exceed 20 feet. In all other cases,
a rear yard for an industrial building shall not be required, but if provided, is
shall be not less than 4 feet in depth.
4. Exceptions - To yard regulations are provided for in Section 27.
733
s
734
SECTION 24. M_-2 Heavy Industrial Zone. The following regulations and the
regulations contained in T1TLE II shall apply in the M-2 Heavy Industrial Zone:
A. Permitted Uses
Any Use Permitted in the M-1 General Industrial Zone - Provided
no building, structure or portion thereof shall be hereafter erected converted or
used for any dwelling use permitted in any R zone except accessory buildings which
are incidental to the use of the land; and the following uses:
(a) Acetylene gas manufacture or storage
(b) Alcohol manufacture
(c) Ammonia or bleaching powder manufacture
(d) Asphalt manufacture or refining
(e) Bailer works, locomotive or railroad car manufacture
(f) Carbon or lamp black manufacture
(g) Central station light or power plant
(h) Chemical manufacture
(i) Coal distillation including manufacture or derivation of
the by-products
(j) Coke oven
(k) Concrete or cement products manufacture
(1) Creosote manufacture or treatment
(m) Furniture manufacture
(n) Gas manufacture from coal or petroleum or the storage there
(o) Incinerator, municipal
(p) Iron or steel foundry, steel furnace or rolling mill
(q) Meat and fish products manufacture
(r) Oilcloth or linoleum manufacture
(s) Paint, oil (including linseed), shellac, turpentine,
lacquer or varnish manufacture
(t) Paper or pulp manufacture
(u) Petroleum products manufacture or wholesale storage of
petroleum or its products
(v) Planing mill
(w) Plaster manufacture
(x) Plastics and mastics manufacture
(y) Potash works
(z) Power forge
(aa) Pyroxylin manufacture
(bb) Quarry or stone mill
(cc) Rock, sand or gravel - distribution, storage, excavating or
crushing
(dd) Rubber or gutta-percha manufacture or treatment
(ee) Soap manufacture
(ff) sodium compounds manufacture
(gg) Stove or shoe polish manufacture
(hh) Tanning, curing or storage of raw hides
(ii) Tar distillation or tar products manufacture
B. Height
1. Maximum Height - Same as 1,;-1 Zone, Section 23.
2. Exceptions - To height regulations are provided for in Section
26.
C. Yards
1. Front Yard - Not required
2. Side Yards - For an industrial building shall not be required
but if provided, shall be not less than 4 feet in width.
3. Rear Yards - For an industrial building shall not be requiredm
ht if provided shall be not less than 4 feet in depth.
4. Exceptions - To yard regulations gre provided for in Section 21.
TITLE VIII - EXCEPTIONS AND MODIFICATIONS
SECTION 25. Uses
Public Utilities and Public Services
The provisions of this ordinance shall not be construed so as to limit
or interfere with the construction, installation, operation and maintenance for
public utility purposes of water and gas pipes, mains and conduits, electriclight
and electric power transmission and distribution lines, telephone, telegraph and
television lines, oil pipe lines and sewer mains.
735
SECTION 26. Height
A. Three Story Buildings in Two Story Zones
In the zones limiting height to two stories not to exceed 25 feet,
any permitted structure may be increased in height to three stories not to exceed
45 feet provided the required side yards are increased an additional foot for
each 3 feet such structure exceeds 25 feet.
B. Through Lots (150 feet or less in depth)
On through lots 150 feet or less in depth, the height of a building
may be measured from the adjoining curb level on either street.
C. Through Lots (more than 150 feet in depth)
On through lots more than 150 feet in depth, the height regulations
and basis of height measurements for the street permitting the greater height
shall apply to a depth of not more than 150 feet from that street.
D. Structures Permitted Above Height Limit
Penthouses or roof structures for the housing of elevators, stairway,
tanks, ventilating fans or similar equipment required to operate and maintain
the guilding, fire or parapet walls skylights, television aerials, steeples, roof
signs, flagpoles, chimneys, smokestacks, wireless masts, water tanks, grain
elevators, silos, gas containers or similar structures may be erected above the
height limits herein prescribed, but no penthouse or roof structure or any space
above the height limit shall be allowed for the purpose of providing additional
floor space for residential, business or industrial use.
SECTION 27. Area and Yards
A. Yard Regulations Modified
Where the yard regulations cannot reasonably be complied with or
their application determined on lots of peculiar shape, location or topography,,
such regulations may be modified or determined by the Board, as provided for in
Section 36.
B. Front Yard - Between Projecting Buildings
Where a lot is aituated between two lots, each of which has a main
building which projects beyond the established front yard line and was so maintain
when this prdinance became effective, the front yard requirement on such lot may
be the average of the front yards of said existing buildings.
C. Front Yard 6 Adjoining Projecting building
Where a lot adjoins only one lot having a main building which projects
beyond the established front yard line and has been so maintained since this
ordinance became effective, the front yard requirement on such lot may be the
average of the front yard of the existing building and the established front yard
line, provided, however, the front yard of such lot shall be not less than 8 feet.
D. Front Yard 9 Sloping Lot
Where the elevation of the ground at a point 50 feet from the front
line of the lot and midway between the side lines, differs 10 feet or more from
the curb level, or where the slope (measured in the general direction of the
736
side lot lines) is 20 per cent or more on at least 1/4 of the depth of the lot,
the frontyard shall be at least 50 per cent of that required in the zone provided
the required front yard of such lot shall be not less than 8 feet. A private
garage, not exceeding one story nor 14 feet in height, may be located in such front
yard provided every portion of the garage building is at least 8 feet from the
front lot line and does not occupy more than 50 per cent of the width of the front
E. Side Yard Reduced for One -Story Extension
Where a lot is 60 feet or less in width and where a one-story
extension of a building, nor exceeding 25 feet in height, has a height not exceed-
ing 14 feet and a depth not exceeding 25 feet and a depth not exceeding 25 feet,
the side yard may be reduced to 4 feet and the aggregate width of both side yards
may be reduced to 20 per cent of the width of the lot but shall be not less than
10 feet. Provided, however, any portion of the building exceeding 14 feet in
height on the side with the one-story extension must set back not less than 12 feet
from the side lot line.
F. Side Yards Waived
For the purpose of side yard regulations, the following dwellings
with common party walls shall be considered as one building occupying one lot:
Semi-detached dwellings, row dwellings and multiple dwellings.
G. Front and Side Yards Waived
The front and side yards may be waived for dwellings, hotels and
lodging houses erected above the ground floor of a building when said ground floor
is designed and used exclusively for business or industrial purposes.
H. Rear Yard - Accessory Building
An accessory building, not exceeding 20 feet in height may occupy
not more than 30 per cent of the area of a required rear yard, providing it does
not encroach upon the side yards.
I. Through lot - May be Two Lots
Where a through lot has a depth of 150 feet or more,
and an area of 10,000 square feet or more, said lot may be assumed to be two lots
with the rear line of each approximately equidistant from the front lot lines,
X:g Q
provided all area requirements are complied with.
°��►�i IDI- J. Projections Into Yards
/I 1. Porte Cochere - A porte cochere may be permitted over a drive-
way in a side yard, provided such structure is not more than one story in height
i and 20 feet in length, and is entirely open on at least three sides, except for the
S necessary supporting columns and customary architectural features, provided,
�iL� 1�p1hs however, said porte cochere does not extend to within 6 feet of a side lot line.
\ ` ° 2. Cornice, Sill or Chimney - A cornice, eave belt course, sill,
canopy or other similar architectural feature (not including bay window or other
vertical projection) may extend or project into a required side yard not more than
3 inches for each 1 foot of width of such side yard and may extend or project into
a required front, side or rear yard not more than 30 inches. Chimneys may project
yard.
into a required front, side or rear yard not more than 1 foot, provided the width
of such side yard is not reduced to less than 3 feet.
3. Fire Escape - A fire excape may extend or project into any
front, side or rear yard not more than 4 feet.
4. Open stairway and Balcony - An open, unenclosed stairway or bal-
cony, not covered by a roof or canopy, may extend or project into a required rear
yard not more than 4 feet, and such balcony may extend into a required front yard
not more than 30 inches.
5. Open Porch - An open, unenclosed porch, platform or landing AAA
place not covered by a roof or canopy, which does not extend above the level of
the first floor of the building, may extend or project into any required side or
rear yard not more than 4 feet.
6. Fence or Wall - A fence, lattice -work screen or wall, not more
than 5 feet in height, but not to extend into the required front yard, or a hedge
or thick growth of shrubs, maintained so as not to exceed 5 feet in height may be
located in any required front or side yard except for corner setbacks as required
in Section 11.
7. Landscape Feature - A landscape feature, such as trees, shrubs,
flowers or plants, shall be permitted in any required front, side or rear yard,
provided it does not violate the provisions of Section 11.
TITLE IX - ADMINISTRATION AND ENFORCEMENT
It shall be the duty of the Building Inspector of the City of Paducah, who is
hereby designated and referred to hereinafter as "Enforcement Officer", to enforce
the provisions of this ordinance in the manner and form and with the powers pro-
vided herein and in the laws of the State of Kentucky.
SECTION 2$. Building Permit. No building or structure shall be erected,
reconstructed, enlarged or moved until a building permit shall have been applied fo,
in writing and issued by the Enforcement Officer. Said permit shall be posted in
a prominent place on the premises prior to and duringthe
period of erection, �
reconstruction, enlargement or moving.
Before a permit is -issued for the erection, moving, altaration, enlargement
or occupancy of any building or structure or use of premises the plans and intended
use shall indicate conformity in all respects to the provisions of this ordinance.
A. Site Plan 'ah/1
Every application for a building permit submitted to the Enforcemenb Officer
shall be accompanied by a site plan, drawn to scale, showing the lot and the
building site and the location of existing buildings on the lot, accurate dimen-
sions of the lot, yards and building or buildings, together with location, size
and use of any and all buildings not on the lot but within 50 feet from the bound-
aries thereof, unless separated therefrom by a street, together with such other
information as may be necessary to the enforcement of this ordinance. Such site
plan shall show the location of corner stakes and other necessary reference marker
placed on the property by a competent surveyor or engineer.
737
NIDED
;7 7--1—'
�z
738
B. Interpeetation of Ordinance
In interpreting and applying the provisions of this ordinance, they shall be
held to be the minimum requirements for the promotion of health, safety, morals, co
or the general welfare. The lot area and yards required by this ordinance for a
particular building shall not be diminished and shall not be included as part of
the required lot area or yards of any other building. The lot areas and yards
i
of buildings existing at the time this ordinance became effective shall not be
diminished below the requirements herein provided for buildings hereafter erected
and such required areas and yards shall not be included as a part of the required
areas or yards of any building hereafter erected.
C. Completion of Existing Buildings
Nothing in this ordinance shall require any change in the plans, con-
struction or intended use of a building for which a building permit has heretofore
been issued by the Enforcement Officer and the construction of which shall have beer
diligently prosecuted within 6 months of the date of such permit and the ground
story framework of which, including the second tier of beams, shall have been com-
pleted within such 6 months, and such entire building shall be completed according
to such plans as filed within 2 years from the date this ordinance became effective.
Nothing herein shall prevent the reconstruction of a wall or other
structural part of a building declared unsafe by a properly constituted authority.
SECTION 29. Certificate of Occupancy. A certificate of occupancy to be
issued by the Enforcement Officer shall be required for any of the following:
(a) Occupancy and use of a building hereafter erected, enlarged or
relocated.
(b) Change in use of an existing building
(c) Occupancy and use of vacant land except for the raising of crops.
(d) Change in the use of land to a use of a different classification,
except for the raising of crops.
(e) Any change in use of a nonconforming use.
No such occupancy, use, or change of use, shall take place until a certifi-
cate of occupancy therefor shall have been issued.
Written application for a certificate of occupancy for a new building or for
an existing building which has been enlarged shall be made at the same time as the
application for the building permit for such building. No fee shall be charged
for an original certificate applied for coincident with the application for a
building permit; for all other certificates or for copies of any original certificat
there shall be a charge of Two (.%2.00) Dollars each. Said certificate shall be
issued within 3 days after a written request fbr the same has been made to the
Enforcement Officer after the erection or enlargement of such building or part
thereof has been completed in conformity with the provisions of this ordinance.
Pending the issuance of such a certificate, a temporary certificate of
occupancy may be issued by the Enforcement Officer for a period of not more than
5 months during the completion of the construction of the building or of alterations
e
739
which are required under the terms of any law or ordinance. Such temporary
certificate shall not be construed in any way to alter the respective rights,
duties or obligations of the owner or of the City relating to the use of occupancy
of the land or building, or any other matter covered by this ordinance, and such
temporary certificate shall not be issued except under such restrictions and pro-
visions as will adequately insure the safety of the occupants.
Written application for a certificate of occupancy for the use of vacant land
or for a change in the use of land or of a building, or for a change in a non-
conforming use, as herein provided, shall be made to the Enforcement Officer. If
the proposed use is in conformity with the provisions of this ordinance, the
certificate of occupancy therefor shall be issued within 3 days after the appli-
catbn for the same has been made. Each certificate of occupancy shall state
that the building or proposed use of a building or land complies with all
provisions of this ordinance.
A record of all certificates of occupancy shall be kept on file in the office
of the Enforcement Officer and a copy shall be forwarded, on request, to any
person having proprietary or tenancy interest in the building or land affected.
No permit for the erection, alteration or relocation of any building shall
be issued before application has been made for a certificate of occupancy.
! SECTION 30. Enforcement- All departments, officials and public employees
of the City which are vested with the duty or authority to issue permits or li-
censes shall conform to the provisions of this ordinance and shall issue no permit
or license for any use, building or purpose if the same would be in conflict with
the provisions of this ordinance.
Any permit or license, issued in conflict with the provisions of this
ordinance, shall be null and void.
SECTION 31. Penalties. Any person or corporation, whether as principal,
agent, employee or otherwise, who violates any of the provisions of this ordinance
shall be guilty of a misdemeanor, and upon conviction thereof shEill be fined in
any sum not less than Ten ($10.00) Dollars nor more than One Hundred (100.00)
Dollars for each offense so committed, and any person so offending or so guilty
of a violation of the provisions hereof, may, in addition to such fine, be
imprisoned not more than fifty (50) days at the discretion of the Judge or Jury
trying the case, and in the event the offense or violation is a continuing one,
extending from one day until the next, a separate offense or violation shall be
deemed to have been committed on each day involved and shall be subject to a
separate penalty under the provisions hereof.
The erection, construction, enlargement, conversion, moving or maintenance
of any building or structure and the use of any land or building which is continu
operated or maintained, contrary to any of the provisions of this ordinance is
hereby declared to be a violation of this ordinance and unlawful. The Commission
may, in the name of the City, institute injunction, abatement or any other
740
appropriate action to prevent, enjoin, abate or remove such violation. Such
action may also be instituted by any property owner who may be especially damaged
by any violation of this ordinance. The Executive Secretary or the Enforcement
Officer shall swear out warrants for the arrest of persons who violate the
provisions hereof in all cases where such violations are not voluntarily abated
after reasonable notice.
The remedies provided for herein shall be cummulative and not exclusive
and shall be in addition to any other remedies provided by law.
SECTION 32. Filing Fees. Any petition, application or appeal on which the
Board or the Commission is required to act shall be accompanied by a filing fee of
Five (W`5.00) Dollars, which shall be paid to the Treasurer of the Commission and
no part of which shall be returnable to the petitioner, applicant or appellant.
TITLE X - Commission
SECTION 33. Organization. The City Planning and Zoning Commission of the
City of Paducah, Kentucky is hereby re-created and re-established as the Planning
and Zoning Commission of the Citv of Paducah and Municipal Area McCracken County,
Kentucky, and its appointive membership and the terms of office of its respective
appointive members shall remain as they are constituted and in force as of the
effective date hereof. Within the purview of Chapter 100 of the Kentucky Revised
Statutes, the City Manager of the City shall be deemed to be the "chief executive"
of the City.
Meetings of the Commission shall be held at the call of the Chairman and at
such other times as the Commission may determine.
. The Commission may be referred to by the short title "Paducah Planning and
Zoning Commission".
SECTION 34. Powers of the Commission. The Commission shall have such
powers as are granted to it by the Kentucky Revised Statutes and by this ordinance
TITLE XI - BOARD OF ADJUSTMENT
SECTION 35. Organization. The Board of Adjustment, City Planning and Zonin
is hereby re-created and re-established as the Board of Adjustment of the City of
Paducah and Municipal Area, McCracken County, Kentucky, and its membership and the
terms of office of its respective members shall remain as they are constituted and
in force as of the effective date hereof.
The Board may be referred to by the short title "Paducah Board of Adjustment "
Meetings of the Board shall be held at the call of the Chairman and at such
othe r times as the Board may determine. The Chairman, or in his absence, the
Acting Chairman, may administer oaths and compel the attendances of witnesses.
Petitions and applications addressed to the Board shall, prior to public hearing,
be referred to the Commission for written recommendation thereon. If the
Commission shall fail to act- within 25 days, it shall be deemed to approve such
petitions and applications. Prior to decision on such petitions and applications,
the Board shall hold public hearings thereon, notices of which shall be mailed to
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the petitioners and applicants and to the owners of all property deemed by the
Executive Secretary to be affected thereby, including the owners or occupants of
adjacent properties. Such notices shall also be published as required by law
prior to the public hearings in a daily newspaper published in the City. The cost
of notifying affected property owners and the cost of advertising the notices of
the public hearings, shall be borne by the petitioners or applicants.
The Board shall cause to be made a detailed record of all its proceedings,
setting forth its reasons for its decisions. Copies of such record, immediately
following the Board's decisions, shall be filed in the offices of the Board
and of the Enforcement Officer, and shall be open to public inspection. Notices
of such decisions shall be mailed forthwith to each party in interest,as
aforesaid.
Decisions of the Board shall be subject to appeal in the manner and to the
extent provided by the Kentucky Revised Statutes.
I
SECTION 36. Powers of the Board. The Board shall have such powers as are
granted to it by the Kentucky Revised Statutes and by this ordinance. In the
exercise of those powers and the responsibilities assigned to it by this ordinance,
it may impose such conditions regarding the location, character and other features
of the proposed building, structure or use as it may deem advisable in furtherance
of the purposes of this ordinance. It shall not, however, permit any use in any
zone which would be in conflict with the regulations applicable to such zone under
the terms of this ordinance.
TITLE XII - AMENDMENTS TO ORDINANCE AND MAP
The regulations, restrictions and boundaries provided fe in this ordinance may
from time to time be amended or repealed.
SECTION 37. Procedure. This ordinance may from time to time be amended
pursuant to the applicable provisions of the Kentucky Revised Statutes.
SECTION 3$. Filing Fees. Any petition for an amendment to this ordinance,
except by the Commission or Board, shall be accompanied by a filing fee of
Twenty -Five ($25.00) Dollars, which shall be paid to the Treasurer of the Comm-
ission and no part of which shall be returnable to the petitioner.
TITLE XIII - VALIDITY AND ADOPTION.
SECTION 39. Conflict with Other Ordinances. All ordinances or parts of
ordinances in conflict herewith are, to the extent of such conflict, hereby
repealed.
The provisions of any ordinance which require a greater width or size of yards
courts, lots or other open spaces, or require a lower height of buildings or a
lesser number of stories, or require a greater percentage of lot or area to be
left unoccupied, or impose other higher standards than are required or imposed
by this ordinance shall not be regarded or construed to be in conflict herewith,
and such provisions shall govern and remain in full force and effect.
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The provisions of any ordinance which require a lesser width or size of
yards, courts, lots or other open spaces, or permit a greater height of buildings
or a larger number of stories, or require a lesser percentage of lot or area to be
left unoccupied, or impose other lower standards than are required, permitted or
imposed by this ordinance shall be regarded and construed to be in conflict
herewith.
All variances and exceptions lawfully granted by the Board prior to the
effective date hereof shall remain in full force and effect, in accordance with
their terms, provided that any such variances and exceptions which have not been
fully exercised within six (6) months after said effective date shall automaticall
expire and become null and void, and provided further that the use of any property
in accordance with the terms of any such variances and exceptions shall be subject
to the provisions of Section 7 hereof.
All violations of ordinances and parts of ordinances repealed hereby,
committed prior to the effective date hereof, shall be punishable to the same exte
that they would have been punishable had this ordinance not been adopted.
SECTION 40. Severance Clause. 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 and pro-
vision hereof separable from all other sections, paragraphs and provisions, so
that if any section, paragraph or provision hereof shall be found to be invalid,
inoperative or ineffective, the deficiency or invalidity thereof shall not affect
any other section, paragraph or provision hereof.
SECTION 41. Effective Date. This ordinance shall be in full force and
effect from and after its adoption. -1
b;a yor
Passed by the Board of Commissioners April 8, 1952
Recorded by Sarah Thurman, City Clerk, April 17, 1952•