HomeMy WebLinkAboutOrdinances Book 17, Page 636, Ordinance Number 71-6-487636
ORDINANCE NO. 71-6-487
ARTICLE I
PREAMBLE AND ENACTMENT
SECTION 10. PREAMBLE
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, ESTABLISHING COMPREHENSIVE
ZONING REGULATIONS AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND
AMENDMENTS THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF THE KENTUCKY
REVISED STATUTES, CHAPTER 100, ENACTED BY THE LEGISLATURE OF IENTUCKY, AND
FOR THE REPEAL OF ALL LAWS IN CONFLICT HEREWITH.
SECTION 11. ENACTMENT
In pursuance of authority conferred by the Kentucky Revised Statutes,
Chapter 100, as amended, and for the purpose of promoting the health,
safety, morals, convenience, order, prosperity, or general welfare of the
City of Paducah, and in accordance with a comprehensive plan, designed to
lessen congestion in the streets, to secure safety from fire, panic and
other dangers; to provide for adequate light and air, to prevent the over-
crowding of land, to avoid undue concentration of population; to facilitate
the adequate provision of transportation, water, sewerage, schools, parks,
and other public requirements, being made with reasonable consideration,
among other things, of the character of the district and its peculiar
suitability for particular uses; and with a view of promoting desirable
living conditions and the sustained stability of neighborhoods, protecting
property against blight and depreciation, securing economy in governmental
expenditures, conserving the value of buildings and encouraging the most
appropriate use of land, buildings, and other structures throughout; the
City of Paducah does ordain and enact into law the following articles and
sections:
SECTION 12. TITLE
This Ordinance shall be known and may be cited as "The Paducah Zoning
Ordinance -1971.
ARTICLE II
DEFINITION OF TERMS
SECTION 20. INTRODUCTION
Except as specifically defined herein, all words used in this ordinance have
their customary dictionary definitions. For the purposes of this ordinance
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certain words or terms used herein are defined as follows.
Words used in the present tense include the future tense. Words used in the
singular include the plural, and words used in the plural include the singular.
The word "shall" is always mandatory. The word "person" includes a firm, asso-
ciation, organization, partnership, trust, company, or corporation as well as
an individual.
The word "lot" includes the word "plot" or "parcel". The word "building" in-
cludes the word "structure." The word "used" or "occupied" as applied to any
land or building, shall be construed to include the words "intended, arranged,
or designed to be used or occupied." The word "map" or "zoning map" means the
Zoning Map of the City of Paducah, Kentucky.
20.01 Accessory Building and Use - A suvordinate building located on the
same lot with the principal building, or a subordinate use of land, either
of which is customarily incidental to the principal building or to the
principal use of the land. Where part of the wall of an accessory build-
ing is a part of the wall of the principal building in a substantial manner
as by a roof, such accessory building shall be counted as part of the princi;
building. Local public utility, communication, electric distribution and
secondary power lines, gas, water, and sewer lines, their supports and poles
guy -wires, small transformers, wire or cables, and incidental equipment and
public telephone booths are considered accessory buildings or structures.
20.02 Accessory Living Quarters - Living quarters within an accessory
building, for the sole use of persons employed on the premises, such as
quarters having no kitchen facilities and not rented or otherwise used
as a separate dwelling.
20.03 Alley - A permanent public service way providing a secondary means
Of access to abutting lands.
20.04 Automobile Service Station - An establishment with the primary busine!
function of the retail sale of gasoline for passenger car use, and the minori
I. service and repair -work incidental to the operation of passenger automobiles)
20.05 Block Frontage - All the property fronting on one side of a street
between intersecting streets or between a street and a right-of-way, and
of a dead-end street or city boundary measured along with the street line.
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Is
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20.06 Board - The Paducah City Board of Adjustment, Paducah, Kentucky.
20.07 Building - Any structure having enclosed space and a roof for the
housing or enclosure of persons, animals or chattels.
20.08 Building Detached - A building having no party wall in common or
structural connection with another building.
Front
20.09 Building/Line Of - The line of the face of the building
nearest the front lot line.
20.10 Building, Height Of - The vertical distance from the average con-
tact ground level at the front wall of a building to the highest point
of the coping of a flat roof, or to the deck line of a mansard roof, or
to the mean height level between eaves and ridges for gable and hip or
gambrel roofs.
20.01 Building, Nonconforming - A legally existing building which fails
to comply with the regulations set forth in this ordinance applicable to
the zone in which this building is located.
20.12 Building, Principal - A building in which is conducted the main or
principal use of the lot on which said building is situated. Where a sub-
stantial part of an accessory building is attached to the principal build-
ing in a substantial manner, as by a roof, such accessory building will be
counted as a part of the principal building.
20.13 Building, Semi-detached - A building having one party wall in common
with an adjacent building.
20.14 Building Area - A maximum horizontal projected area of the prin-
cipal and accessory building, excluding open steps or terraces, unenclosed
porches not exceeding one story in height or architectural appurtenances
projecting not more than two feet.
20.15 Building Line - The line nearest the front and across a lot es-
tablishing the minimum open space to be provided between the front line
of a building or structure and the front lot line.
20.16 Business - The engaging in the purchase, sale, barter, or exchance
of goods, wares, merchandise or service, the maintenance or operation of
offices, or recreational and amusement enterprises.
20.17 Camp Ground - Any area or tract of land used to temporarily accom-
modate two or more camping parties, including cabins, tents, house trailers,
or other camping outfits.
20.18 Carport A structure consisting of a roof and either walls or
columns for the purpose of housing automotive vehicles and other chattels.
Said structure shall be considered a building.
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20.19 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.
20.20 City - The City of Paducah, Kentucky.
20.21 Clinic or Medical Health Center -An establishment where patients
are admitted for special study and treatment by two or more licensed phy-
sicians and/or dentists and their professional associates, as distinguished
from a "professional office" for general consultation purposes.
20.22 Commission - The Paducah City Planning Commission.
20.23 Corporation Counsel - The Corporation Counsel of the City of Paducah
or any Assistant or Special Corporation Counsel of said City.
20.24 Conditional Use -A use which would not impair the public health,
safety, or welfare in one or more zones, but which would impair the in-
tegrity and character of the zone in which it is located or in adjoining
zones unless restrictions on location, size, extent and character of per-
formance are imposed in addition to those imposed in the zoning regulation.
20.25 Conditional Use Permit - Legal authorization to undertake a con-
ditional use issued by the administrative official pursuant to alhthoriza-
tion by the Board of Adjustment consisting of two parts:
(a) A statement of the factual determination by the BOA which justifies
the issuance of the permit.
(b) A statement of the specific conditions which must be met in order
for the use to be permitted.
20.26 Convalescent or Nursing Home - An establishment which provides full
time convalescent or chronic ®re or both, for three (3) or more indiv-
iduals who are not related by blood or marriage to the operator, and who, by
reason of chronic illness or infirmity, are unable to care for themselves.
Neither care for the scutely ill, nor surgical or obstetrical services shall
be provided in such a home. A hospital or sanitorium shall not be construed
to be included in this definition.
20.27 County - The County of McCracken, Paducah, Kentucky.
20.28 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 buildin gs.
20.29 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.
20.30 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.
20.31 Dwelling - A building or portion thereof, used primarily for resi-
dential occupancy, including one -family, two-family, and multiple dwelling,
but not including hotels, motels, or tourist homes.
20.32 Dwelling, One -Family - A building used for residential occupancy
by one family.
20.33 Dwelling, Two -Family - A building or portion thereof used for
occupancy by two families living independently of each other.
20.34 Dwelling, Multiple - A building or portion thereof used for occupancy
by three or more families living independently of each other.
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20.35 Dwelling Unit - A dwelling or portion of a dwelling used by one
family for cooking, living, and sleeping purposes.
20.36 Educational Institution - Preprimary, primary, or grammar, public,
parochial or private school; high school, preparatory school or academy,
public or 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 scholls for preparation of admission to college or
universities which award B.A. or B.S. degrees; junior college or university,
public or founded or conducted by or under the sponsorship of a religious
or charitable organization; or private school when not conducted as a
commercial enterprise for the profit of individual owners or stockholders.
This definition shall not be deemed to include trade or business schools
as defined in this Section.
20.37 Effective date hereof -.Date of the adoption of this Zoning Ordinance.
20.38 Enforcement Officer - The Building Inspector of the City of Paducah.
Kentucky.
20.39 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.
20.40 Garage, Private - A detached accessory building or portion of a
main building, used for the storage of self-propelled vehicles where the
capacity does not exceed three vehicles per family housed in the building
to which such garage is accessory, and not more than one-third of the
total number of vehicles stored in such garage shall be commercial vehi-
cles. Storage space for not more than three vhhicles may be rented for
vehicles of other than occupants of the building to which such garage is
accessory.
20.41 Garage, Public - Any building or premises, except those defined
herein as a private garage, used for the storage or care of motor vehicles,
or where such vehicles are equipped for operation, repaired, or kept for
remuneration, hire, or sale.
20.42 Ground Floor Area - The square foot area of a residential building
within its largest outside dimensions computed on a horizontal plane at
the ground floor level, exclusive of open porches, breezeways, terraces,
garages, exterior stairways, and secondary stairways.
20.43 Home Occupation or Profession - Any use conducted entirely within
a dwelling and carried on solely by the occupants thereof, which use is
clearly incidental and secondary to the use of the dwelling purposes and
does not change the character thereof, and in connection with which there
is no display, no stock in trade, or outside storage of equipment nor
commodity sold upon the premises and not more than two (2) persons are to
engage in such occupation. In no event shall a barber shop, beauty shop,
tea room, tourist home or animal hospital be construed to be a home oc-
cupation.
20.44 Hospital - Includes sanitarium, preventorium, 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.
20.45 Hotel or Motel - A building or portion thereof or group of build-
ings in which lodging is provided and offered to the public for compen-
sation and which is open to transient guests, in contradistinction to a
lodging house.
20.46 Industry Heavy - Those industries whose processing of products
result in the emission of any atmospheric pollutant, light flashes or
glare, odor, noise, or vibration which may be heard and/or felt off the
premises and those industries which constitute a fire or explosion hazard.
20.47 Industry, Light - Those industries whose processing of products
results in none of the conditions described for heavy industry.
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20.48 Junk Yard - Any place at which personal property is or may be
salvaged for reuse, resale or reduction or similar disposition and is
owned, possessed, collected, accumulated, dismantled or sorted, including
but not limited to: use of salvaged base metal or metals, their compounds
or combinations; used or salvaged rope, bags, paper, rags, glass, rubber,
lumber, millwork, brick, and similar property which are used, owned or
possessed for the purpose of ,wrecking or salvaging parts therefrom.
20.49 Kennel - Any lot or premises on which four (4) or more dogs or
small animals, at least four (4) months of age are kept. A non-commercial
kennel at, in, or adjoining a private residence where hunting or other
dogs are kept for the hobby of the householder (i.e., hunting, tracking,
or exhibiting) or for guarding or protecting the householder's property
is permitted in residential zoning districts.
20.50 Loading and Unloading Berths - The off-street area required for
the receipt of or distribution by vehicles of material or merchandise,
which in this Ordinance is held to be a twelve (12) foot by fifty (50)
foot loading space with a fourteen (14) foot height clearance, paved
with a suitable dust preventative or hard surface.
20.51 Lodging House - A building with more than two but not more than
ten (10) guest rooms where lodging with or without meals is provided
for compensation.
20.52 Lot - A piece, parcel, plot, tract or area of land occupied or
capable of being occupied by one principal building and the accessory
buildings or uses customarily incidental to it, and including the open
spaces required under this Ordinance, and having its principal frontage
on a street.
20.53 Lot, Corner - A lot at a junction of and fronting on two or more
intersecting streets.
20.54 Lot, Interior - A lot other than a corner or through lot.
20.55 Lot, Through - A lot having frontage on two parallel or approxi-
mately parallel streets.
20.56 Lot, Coverage - The percentage of the lot area covered by the
building area.
20.57 Lot, Ground Level - For buildings having walls adjoining only
one street, the elevation at the front lot line at the center of the
wall adjoining the street; for buildings having walls adjoining more
than one street, the average of the elevation of the front lot line at
the center of all walls adjoining the streets; for buildings having
no wall adjoining the street, the average level of the ground adjacent
to the exterior walls of the building. Any wall approximately parallel
to and not more than five (5) feet from a street, is to be considered
as adjoining the street.
20.58 Lot Line, Front - In the case of an interior lot, a line separat-
ing the lot from the street or place, and in the case of a corner lot,
a line separating the narrowest street frontage of the lot from the
street --except in cases where deed restrictions in effect specify another
line as the front lot line.
20.59 Lot Line, Rear - A lot line which is opposite and most distant
from the front lot line and, in the case of an irregular or triangular
shaped lot, a line ten (10) feet in length within the lot, parallel to
and at the maximum distance from the front lot line.
20_.60 Lot Line, Side - Any lot boundary line not a front lot line or
a rear lot line.
20.61 Lot Width - The dimension of a lot, measured between side lot
lines at the building line.
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20.62 Mobile Home - Any vehicle, including the equipment sold as a
part of a vehicle which is so constructed as to permit its being used
as a conveyance upon public streets or highways by either self-pro-
pelled or not self-propelled means which is designed, constructed, or
reconstructed, or added to by means of an enclosed addition or room in
such a manner as will permit the occupancy thereof as a dwelling or
sleeping place for one or more persons, which is both used and occupied
as a dwelling or sleeping place having no foundation other than wheels,
jacks, skirting or other temporary supports.
20.63 Mobile Home Park - An area of land upon which two or more mobile
homes are harbored for the purpose of being occupied either free of
charge or for revenue purposes, and shall include any building, structure,
vehicle or enclosure used or intended for use as a part of the equipment
of such mobile home park.
20.64 Parking Area, Public - An open area, other than a street or alley desi
ed for use or used for the temporary parking of four (4) or more motor
vehciles when available for public use, whether free or for compensation
or as an accommodation for clients or customers.
20.65 Parking Space (Off -Street) - An off-street space accessible from
a street or alley with a minimum width of ten (10) feet. The minimum
length of such a space shall be contingent upon the degree or angle of the
space and the maneuverability area required. As a guide to establishing a
minimum length, the Commission shall refer to: Harris -Barrier, Corporation's
Parking Techniques (1969); AIA, File 14A, Page 20. Subsequent revisions
of this publication shall be included as they occur.
20.66 Personal and Convenience Services - Business Offering Services
such as barber shops, beauty shops, laundermats, laundry and dry cleaning
pick-up, and delivery stations, (but exclusing actual laundru operations),
and similar uses.
20.67 Place - An open, unoccupied officially designated space other
than a street or alley, permanently reserved for use as the principal
means of access to abutting property.
20.68 Professional Office - Office of members of recognized professions
such as physicians, surgeons, lawyers, engineers, dentists, and architects.
20.69 Sign - Any board, device or structure or part thereof used for
advertising, display or puclicity purposes. Signs placed or erected
by governmental agencies for the purposes of showing street names or
traffic directions or regulations for other governmental purposes shall
not be included herein.
20.70 Street - A right-of-way, other than an alley, dedicated or other-
wise legally established to the public use, usually affording the prin-
cipal means of access to abutting property.
20.71 Structure - Anything constructed or erected which requires lo-
cation on the ground.
20.72 Structural Alteration - Any change in the supporting members
of a building, such as bearing walls or partitions, columns, beams, or
girders, or any substantial change in the exterior walls or the roof.
20.73 Tourist Home.- A building in which more than one but not more
than five guest rooms are used to provide or offer overnight accommo-
dations for transient guests for compensation.
20.74 Town House - A Single -Family dwelling constructed as part of a
series of dwellings, all of which are either attached to the adjacent
building and/or buildings by party walls or are located immediately ad-
jacent thereto with no visible separation between walls or roof; all of
which dwellings may be located on individual and separate lots if in-
dividually owned, or upon a single lot if under common ownership.
20.75 Town House Structure - A building consisting of three (3) or more
non-communicating attached one -family units placed side by side, having
a common wall between each two (2) adjacent dwelling units.
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20.76 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 commercial enterprise for teaching instrumental music, dancing, bar-
bering or hairdressing, or for teaching industrial skills in which mech-
inery is employed as a means of instruction. This definition shall not
be deemed to include educational institution as defined in this section.
20.77 Use - The employment or occupation of a building, structure, or
land for a person's service, benefit, or enjoyment.
20.78 Use Nonconforming - An existing use of land or building which
was legal prior to the effective date hereof, but which fails to comply
with the requirements set forth in this ordinance applicable to the zone
in which such use is located.
20.79 Use, Open - The use of a lot without a building or including a
building incidental to the open use with a ground floor area equal to
five (5) percent or less of the area of the lot.
20.80 Variance, Dimensional - Departure from the terms of the zoning
regulations pertaining to height or width of structures and size of
yard and open spaces where such departure will not be contrary to the
public interest, and where, owing to conditions. peculiar to the property
because of its size, shape, or topography, and not as a result of the
action of the applicant, the literal enforcement of its zoning regulations
would result in unnecessary and undue hardship,
20.81 Vision Clearance on Corner Lots - A triangular space at the street
corner of a corner lot, free from any kind of obstruction to vision be-
tween the heights of 2 1/2 and 12 feet above established grade, deter-
mined by a diagonal line connecting two points neasured 15 feet equidis-
tant from the street right-of-way corner along each property line.
20.82 Yard - A space on the same lot with a principal building, open,
unoccupied other than by steps, walks, terraces, driveways, lamp posts
and similar structures, and unobstructed by structures, except as other-
wise provided in this ordinance.
20.83 Yard, Front - A yard extending across the full width of the lot,
between two side lot lines the depth of which is the least distance
between the street right-of-way and the building line.
20.84 Yard, Rear - A yard extending across the full width of the lot
between the two side lot lines and between the rear line and a parallel
line tengent to the rear of the principal building and the depth of which
is the, least distance between the rear lot line and the parallel line.
20.85 Yard, Side - A yard extending along the entire length of the lot
between the front and rear lot lines, the width of which is the least
distance between the side lot line and the nearest part of the principal
building.
20.86 Wall, Retaining - A physical barrier necessary to prevent the erosion
and/or deterioration of an established elevation.
ARTICLE III
ESTABLISHMENT OF ZONES
SECTION 30. ZONE CLASSIFICATION
For the purposes of this Ordinance, the City of Paducah, Kentucky, is divided
into zonesclassified as follows:
R-1 Low Density Residential Zone
R-2 Low and Medium Density Residential Zone
R-3 Medium Density Residential Zone
R-4 High Density Residential Zone
A-1 Civil Center Zone
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B-1 Convenience and Service Zone
B-2 Downtown Business Zone
B-3 General Business Zone
M-1 Light Industry Zone
M-2 Heavy Industry Zone
C-1 Conservancy Zone
The boundaries of the above zones are hereby established as shown on a map
entitled, "Zone May of Paducah, Kentucky," which has been recommended and
certified by the Paducah Planning Commission and the Paducah City Commissioners
with the signature of the Mayor and Chairman affixed thereto, and is hereby mad
a part of this Ordinance.
SECTION 31. ZONING OF ANNEXED LAND
Upon annexation of new areas by the City of Paducah, such areas shall be placed
in an R-1 Zone classification. Within sixty (60) days, following the final
acceptance of the annexed area by the City of Paducah, the Planning Commission
shall establish and advertise, as required by law, a public hearing to zone
the land in question.
SECTION 32. INTERPRETATION OF ZONE BOUNDARIES
Where uncertainty exists with respect to any of the boundaries of the zones as
shown on the zone map, the following rules shall apply:
32.01 - Where zone boundaries are indicated as approximately following the
center lines of streets or highways or railroad right-of-ways or
such lines extended, such lines shall be cons rued to be the zone
boundary lines.
32.02 - Where zone boundaries are indicated as approximately following the
corporate limit line of the City, such corporate limit line shall
be construed to be such boundaries. This provision also applies
to river and/or stream beds and property lines.
ARTICLE IV
GENERAL REGULATIONS
SECTION 4. PROVISIONS APPLICABLE TO ALL DISTRICTS
Except as herein specified, the following provisions shall be applied within a1
zoning districts.
40.01 Access Control - No point of access shall be allowed within ten
(10) feet of the intersection of right angle streets. No curbs or
right-of-way shall be cut or altered without the Commission's written
approval.
40.02 Continuance and Discontinuance of Nonconforming Uses - The lawful
use of a building or land existing at the time of the adoption of this
Ordinance and amended hereto, may be continued, although such use does
not conform to the provisions of this Ordinance, except as otherwise
provided herein.
A nonconforming structure existing at the time of the adoption of this
Ordinance, and which was conforming at the time of its erection, may be
continued in use, and may be expanded provided such addition or enlargemen
can be made without further violation of yard or height regulations
existing at the time of such enlargement.
40.021 Nonconforming Buildings Structures or Land
The enlargement or expansion of a nonconforming use beyond the scope and
area of its operation at the time of the adoption of this Ordinance, shall
not be allowed, and no change shall be permitted from one nonconforming
use to another unless the new nonconforming use is permitted in the same
or a more restrictive zone classification.
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With the formal authorization of the Board of Adjustment granted after a public,
hearing duly advertised and after their determination that the properties in
the general vicinity will not be affected, an existing nonconforming use of a
building, structure or land may be changed to a new nonconforming use in the
same or more restrictive zone classification.
40.022 Nonconforming Uses of Buildings or Structures
A nonconforming use of a building or structure may be maintained, repaired, or
altered but such may be enlarged or moved on the lot only if every portion so
enlarged or moved shall be made to conform to all the regulations to the zone
in which the building or structure is located.
A nonconforming building or structure that is nonconforming as to use regula
shall not be added to or enlarged.
A nonconforming building or structure that is damaged or destroyed by any cause
to the extent of more than 75% of its value or area shall not be repaired or
rebuilt except in conformance with the provisions of this Ordinance.
40.03 Lot Size and Occupancy - No lot, even though it may consist of one
or more adjacent lots in the same ownership at the time of passage of this
Ordinance, shall be reduced in size so that lot width or size of yards or
lot area per family or any other requirement of this Ordinance is not main-
tained. This Section shall not apply when a portion of a lot is acquired
for a public purpose.
40.04 One Principal Building on a Lot - Only one principal building and
its customary accessory buildings may hereafter be erected on any one lot.
40.05 Public Street Frontage - Unless otherwise provided in this Ordinance,
no building shall be erected on a Lot which does not abut for at least
twenty-five (25) feet on a public street:
40.06 Existing Lots - At the time of the enactment of this Ordinance, if
an owner of a plot of land consisting of one or more adjacent lots does not
own sufficient continuous land to enable him to conform to the minimum lot
size requirements provided herein, such plot of land may nevertheless be
used as a building site. The dimensional requirements of the district in
which the piece of land is located may be reduced by the smallest amount
that will permit a structure of.acceptable size to be built upon the lot,
40.07 Setback Lines, Exceptions - Front yard setback lines may be varied
where the average depth of principal buildings on adjoining properties is
less than the depth prescribed elsewhere in this Ordinance. In such case,
the front yard in question shall not be less than the average depth of ex-
isting front yards on the two (2) lots immediately adjoining.
40.08 Street Frontage Required - Except as permitted by other provisions
of this Ordinance, no lot shall contain any:building used in whole or part
for residential purposes uril2ss such lot abuts for at least forty (40)
feet on a street.
40.09 Subdivision Coordination Required - In all cases where the ownership
of land is divided for the purpose of eventual development of lots, the
provisions of The Paducah Subdivision Regulations shall apply (if adopted)
in addition to the provisions of this -ordinance.
40.10 Traffic Visibility Across Corner Lots - There shall be provided a
triangular space at the street corner:of-a corner lot, free from any kind
I of obstruction to vision between the heights of 2 1/2 and 12 feet above
established grade, determined by a diagonal line connecting two points
measured 15 feet equidistant from the street right-of-way corner along
each property line.
40.101 - The provisions of this Section do not apply to the Central
Business District, nor shall the requirements of this Section be
deemed to prohibit any necessary retaining wall.
40.102 - The Board of Adjustment may either reduce or increase the
requirements of this Section for the interest of safety where unusual
or special conditions warrant consideration.
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40.11 Height Limitation Exceptions - The height limitations of this
Ordinance shall not apply to church spires, belfries, cupolas, and domes
not intended for human occupancy; monuments, water towers, transmission
towers, smokestacks, chimneys, derricks, and aerials.
40.12 Reduction of Lot Area for Open Space - The residential lot size and
area can be reduced to provide a common open space equal to the total re-
duction of lot area, thus maintaining the required density. The purpose of
this provision is to allow for variety in subdivision design, reduce costs
associated with streets and utilities construction, reduce grading, sodding
and maintenance costs of open space in the City's neighborhoods. When this
option in the subdivision of land is taken, the lot area and yards shall not
be reduced such that the total side yard is less than that required in the
zone in which the project is located.
40.13 Conditional Use Regulations - Conditional uses are allowed only by
specific approval of the Board of Adjustment and pnly in the zone in which
they are listed. However, the following uses are permitted in all zones:
(a) Public Utility Installations
(b) Government Buildings and Uses
(c) Churches, Public & Parochial Schools
40.131 Application and Review Procedure
(a) Upon receipt of an application for a Conditional Use, the Board
shall send a copy thereof to the Commission for their information
and review as to the effect of the Conditional Use upon the
master plan, and the Commission may present its recommendations
thereon to the Board. The Board shall then proceed with a hearing
on the application in the manner prescribed in Section 40.131.
Following the hearing, and upon an affirmative finding by the
Board that:
(1) The proposed Conditional Use is to be located in a Zone
wherein such use may be permitted, and
(2) The Conditional Use is consistent with the spirit, purpose
and intent of this ordinance, will not substantially and per-
manently injure the appropriate use of neighboring property,
and will serve the public convenience and welfare, the
Board shall grant the Conditional Use.
(b) The Board of Adjustment may approve or deny any application for a
conditional use permit. If it approves the issuance of a conditional
use permit, it may attach conditions to the approval such as time
limitations, requirements that one or more things be done before
construction can be initiated, or conditions of a continuing nature.
Any such condition shall be recorded in the Board's minutes and on
the conditional use permit, along with a reference to the specific
section of the Zoning Ordinance listing the conditional use under
consideration.
(c) The Board of Adjustment shall have the power to revoke conditional
use permits for noncompliance with the conditions thereof. Further-
more, the Board shall have the right of action to compel offending
structures or uses removed at the cost of the violator and may have
judgment in personam for such cost.
(d) The conditional use permits approved by the Board of Adjustment
shall be recorded at the expense of the applicant in the office of
the County Court Clerk.
(e) Approval of a conditional use permit does not exempt the applicant
from complying with all the requirements of building, housing, and
other costs and regulations of the City.
(f) In any case in which a conditional use permit has not been exer-
cised within one (1) year from its date of issuance, such condi-
tional use may revert to its original zoning designation follow-
ing a public hearing held by the Board of Adjustment in accordance
with Kentucky Revised Statutes, Chapter 424, thereof. "Exercises"
as set forth in this paragraph shall mean that binding contracts
for the construction of the main building or other improvements
have been let or, in the absence of contracts, that the principal
building or other improvements is under construction to a substan-
647
tial degree, or that prerequisite conditions involving substantial
investment is under contract, in development, or completed. when
construction is not a part of the use, "exercised" shall mean that the
use is operating in compliance with the conditions as designated
in the permit.
(g) The Enforcement Officer shall review all conditional use permits,
except those for which all conditions have been permanently satis-
fied, at least once each year. The Enforcement Officer shall have
the power to inspect the land or structure wjere the special use
is located in order to determine if the land owner is complying
with all of the conditions which are listed on the conditional use
permit-
(h)
ermit(h) If the landowner is not complying with all of the conditions listed
on the conditional use permit, the Enforcement Officer shall re-
port this fact in writing to the Chairman of the Board of Adjust-
ment. The report of the Enforcement Officer shall state specifi-
cally the manner in which the landowner or occupant is not comply-
ing with the conditions on the conditional use permit. A copy of
this report shall be furnished to the landowner at the same time
(as nearly as is possible) it is furnished to the Chairman of the
Board. The Board shall hold a hearing on the report within a
reasonable time, and notice of the time and place of the hearing shall
be furnished to the landowner and/or occupant at least one
week prior to the hearing.
(i) If the Board of Adjustment finds that the facts alleged
in the report of the Enforcement Officer are true, and that the
landowner and/or occupant has taken no action to comply with the
conditions (as originally placed on the permit) between the date
of the report and the date of the hearing, the Board may authorize
the administrative official to revoke the conditional use permit
and take the necessary legal action to cause the termination of
the activity on the land which the conditional use permit author-
izes.
(j) Once the Board of Adjustment has completed a conditional use per-
mit and all the conditions required are of such type that they
can be completely and permanently satisfied, the administrative
official, upon request by the applicant may, if the facts warrant,
make a determination that the conditions have been satisfied and
enter the facts which indicate that the conditions have been satis-
fied and the conclusions in the margin of the copy of -the condition-
al use permit, which is on file with the County Court Clerk.
Thereafter the use in question;. if it continues to meet the other
requirements of this Ordinance, will be considered a permitted use.
40.14 Mobile Home Parks or Trailer Parks - Mobile homes or trailers shall
be permitted only in a mobile home part or trailer park. Mobile home parks
or trailer parks shall be a conditional use only in the R-3 residential zone
and shall comply with the following requirements:
40.131 Minimum Area Requirements - No mobile home park shall be per-
mitted on an area of less than two (2) acres. However, the developer
may develop the park in stages as long as he complies with an overall plan.
40.142 Lot Requirements - Individual lots within a mobile home park
shall not be less than 3,000 square feet in area with only one mobile
home per lot. Minimum lot width shall be thirty-two (32) feet.
40.143 Set -Back - No mobile home or structure shall be located closer
to any street than the minimum front yard setback provision of the zone
in which it is located. No mobile home shall be located closer than
ten (10) feet to any building within the park or to any property line
of the park.
40.144 Spacinq - No mobile home shall be located within twenty (20)
feet of another mobile home except that a minimum end to end clearance
of not less than ten (10) feet shall be permitted.
648
40.145 Streets - All mobile home spaces shall abut upon a street of
not less than thirty (30) feet in width. All streets shall have a
pavement width of not less than twenty (20) feet, and access to a
public street. All streets within a mobile home park shall be hard
surfaced and well lighted.
40.146 Utilities - All lots within the mobile home part shall be pro-
vided with water, sewer, gas, and electrical facilities meeting standards
specified by city and state regulations. Each mobile home shall be
properly connected with said utilities.
40.147 Accessory Structures - No accessory buildings or structures,
including patois and pads, shall be located within five (5) feet of
any individual lot (mobile home space) line, or closer than ten (10)
feet to any property line of the park.
40.148 Procedure - Because mobile home parks are permitted only as
Conditional Uses, the prospective developer(s), before attempting to
obtain a building permit or beginning any construction, shall prepare
a plan showing the hearings and lot dimensions of the parcel he in-
tends to develop; the location with respect to the City, the general
layout or design he intends to follow, and improvements he intends to
install on the land. He shall then present the proposal to the Plan-
ning Commission.
Before approving the intended development plan, the Planning Commissiol
may make suggestions to the developer in order to insure proper design
standards to minimize traffic difficulties, to safeguard adjoining
properties, to insure that the residential characteristics of the
neighborhood is preserved and that the public health, safety, and
welfare is protected.
Upon approval of the Board of Adjustment the developer shall follow
the procedure set forth in Section 40.131.
40.149 Storage of Trailers - Trailers used exclusively for the purpose
of traveling or camping and which do not exceed dimensions of eight
(8) feet by twenty-four (24) feet may be stored in the rear yard of
any lot provided yard requirements are maintained and that the trailer
is not used as a dwelling.
40.15 Planned Unit Development -The purpose of this Section is to establish
a more flexible procedure for the approval, by the Commission, of development
plans for large tracts of land and to encourage proper design by providing
for the submission of such development plans by prospective developers.
Tracts of land, as herein described, to be used for residential, commercial,
or industrial zone purposes, or certain combinations thereof, may be develop(
as a unit according to the following provisions:
40.151 Land Deemed One Lot - Any parcel of land including any interior
street (or streets) which is designed as and used for a planned unit
development may be deemed to be one lot.
40.152 Area Requirements -.In order that a tract be considered a
planned unit development it must contain at least:
(a) Two (2) acres if used for residential purposes only, in an R-3 Zone,
three (3) acres if used for a combination of residential and business
uses im an R-3 Zone.
(b) Six (6) acres if used for residential purposes in an R-2 or R-1
zone, eight (8) acrea if used for a combination of residential
and business uses in an R-2 or R-1 zone.
(c) Fifteen (15) acrea if used for industrial purposes in an industrial
zone, twenty (20) acrea if used for a combination of uses within an
industrial zone.
649
40.153 Application of Provisions - In any planned unit development
although it is permissible to depart from literal conformance with the
individual lot dimension and area provisions, there shall be no decrease
in the total equivalent lot area, parking area, and loading -unloading
area provisions that would be necessary for the equivalent amount of
individual lot development. The Planning Commission may allow reductions
in these provisions, however, upon proof by the developer that efficien-
cies of large-scale development may permit such reductions without de-
stroying the intent of this ordinance.
40.154 Conditions of Approval - The Planning Commission shall have the
authority to attach conditions to the plans of any planned unit develop-
ment to insure that there is no departure from the intent of this Ordin-
ance. All planned unit developments, if approved, shall comply with all
such conditions as designated by the Planning Commission.
In addition to the standards for development as outlined in Section 40.153
above, the Commission shall also require:
(a) That all access points to arterial streets be located no more fre-
quently than every 330 feet.
(b) That buffer areas of open space or planted screens be placed between
abrupt changes of land use types within planned unit developments.
(c) That construction be initiated within one (1) year after approval
of the final plat by the Planning Commission.
(d) Other conditions as applicable to particular planned unit development.
40.155 Procedure
(a) Upon receipt of an application and a site plan of -the proposed total
development, the Planned Commission shall hold a public hearing
in the manner set out in MS, Chapter 100.
(b) If approval is granted at the public hearing, the developer shall
then submit engineering, architectural and landscaping plans for
review by the Building Inspector, City Engineer and Planner.
(c) Upon approval by the above, building permits and certificates of
occupancy may be issued, provided all conditions have been met and
all other requirements completed.
(d) If the PUD is developed in stages, the total area will be
reviewed at the public hearing and each successive stage
shall be approved according to (b) and (c) as it is submitted.
(e) The site of the approved PUD shall be marked on the official'
zone map of the City of Paducah.
40.16 Parking Requirements - The following provisions shall be used to
all parking areas:
40.161 Planning Commission Control over Off -Street Parking Areas -
All lots or portions of lots developed for vehicular parking of the
Public which contain at least four (4) parking spaces shall be pre-
sented, before development, to the Planning Commission and its staff
for approval of the proposed design.
40.162 Parking Design Requirements of this Ordinance are Each space
SHALL BE DESIGNED IN ACCORDANCE WITH SPECIFICATIONS LISTED IN THIS SEC -
tion and in Illustration 1, Each space shall have access to a public
street. All lots or portions of lots developed for vehicular parking
of the public which contain at least four (4) parking spaces shall be
surfaced and maintained with a durable and dustless surface consisting
of asphalt, or other all weather surface, and shall be so graded and
drained as to dispose of all surface water. A continuous barricade of
a height sufficient to retain all cars completely within the property
shall be provided on parking lots except at exit and entrance driveways.
Screening shall be provided on each side of a parking lot which abuts
upon or faces across a public way, property or properties in an R Zone.
Such screen may also serve as the barricade mentioned above.
650
40.163 Entrances and Exits - One-way entrances and exits in parking lots
shall be at least fifteen (15) feet wide. Two way extrances and exits
in parking lots shall be at least twenty-four (24) feet wide for minor
streets and thirty (30) feet side for arterial or collector streets.
Design of residential parking areas shall not permit backing into art-
erial street or streets designated as federal or state highways. De-
sign of public parking areas shall not permit backing into public
streets.
40.164 Location on Other Property - If the required automobile parking
'spaces cannot reasonably be provided on the same lot on which the prin-
cipal use is conducted, such spaces may be provided on other off-street
property provided such property lies within four hundred (400) feet of
the main entrance to such principal use. Such automobile parking space
shall be associated with the principal use and shall not thereafter be
reduced or encroached upon in any manner. Furthermore, when parking
space must be provided on such othdr property, a written agreement signed
by the owners of the properties in question must accompany the parking
layout.
40.165 Collective Parking Facilities - For any church there shall be
allowed the use of joint parking facilities in connection with any
building or use not normally open, used, or operated during the princip-
al operating hours of a church, provided a properly drawn legal instru-
ment is executed by the parties concerned for the joint use of such
off-street parking facilities, and which instrument, duly approved
as to form by the Corporation Counsel shall be filed with the applica-
tion for a building permit.
40.166 Space Requirements by Use - The following list enumerates the
number of parking spaces required for various uses; if a particular use
is not listed, the Planning Commission staff shall determine the number
of spaces required by comparing the nature of the particular use of one
that is listed:
(a) Auditorium, Gymnasium, Church, Stadium or Other Similar Place of
Assembly - One (1) space for each six (6) seats at maximum capacity.
(b) Automobile Service Stations - One (1) space for each attendant plus
two (2) spaces for each grease rack, repair stall, or similar facility.
(c) Automobile and Similar Repair Garages - One (1) space for each regular
employee on a single shift plus one space for each 250 square feet of
building area used for repair work.
(d) Automobile Washing Establishment - Ten (10) spaces for each tunnel and
one (1) space for each employee. The driveway on the property used
for approaching tunnel may be considered parking area for tunnel vehicl
Self-service automobile washing establishments shall require five (5)
spaces per tunnel.
(e) Hospitals and Nursing Homes & Similar Uses - One space for each three
(3) beds plus one space for each three (3) employees including staff
doctors.
(f) Hotels - One space for each two (2) guest bedrooms plus one space for
each three employees.
(g) Industrial - One space for each two (2) employees at maximum employment
on a single shift plus one space for each company vehicle operating
from the premises.
(h) Lodges and Clubs - One space for each 120 square feet of gross floor
area enclosed in a building(s).
(i) Lots for Automobiles Trailers and Related Sales Rental or Service -
One space for each 1500 square feet of gross plot,plan area.
(j) Transportation Terminals Stations and Similar Uses - One space for
every two employees on any one work shift, plus one space per four (4)
seats provided for the public.
651
(k) Offices - One (1) space for each 400 square feet of gross floor area
excluding medical offices. For medical offices, there shall be one
space for each 200 square feet of gross floor area.
(1) Personal and Convenience Service Establishments - One space for each
150 square feet of floor area. In no cash, hollever, shall such use
provide less than four (4) parking spaces.
(m) Places of Amusement or Recreation - The applicant shall submit his
estimate of maximum patronage at any one time. The Commission shall
determine the necessary parking requirements.
(n) Residential - Two (2) spaces for each one and two family dwelling
unit and one and one-half (1k) spaces for each unit of three (3)
or more units.
(o) Restaurants - One space for each 125 square feet of gross floor
area plus one space for each (3) employees.
(p) Retail Business - One space for each 150 square feet of gross floor
area. In no case shall such use provide less than four (4) parking
spaces.
(q) Rooming and Board Houses - One space for each two (2) bedrooms.
(r) Schools - Elementary schools in which highest level grade is 6•
One space for each eight (8) students.
Junior High Schools in which the highest level is 9-
One space for each six (6) students.
High Schools and Colleges - One space for each four (4)
students.
(s) Tourist Courts and Motels - One space for each accommodation, plus
one space for each three (3) employees.'
(t) Trailer Parks - One and one-half (1�) space for each trailer space.
(u) Wholesale Business - One space for each two (2) employees, plus one
space for each vehicle operating from the premises.
(v) Mixed Uses - In the case of any use not 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 requirements of 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
providinf required parking facilities for another use except as here-
inafter specified for collective use.
(w) variance - When it can be clearly shown that an intended use shall
require less parking area than that specified in these requirements
because of significant variation in operation or activity, the
Planning Commission may grant a reduction in the parking requirement.
40.17 Screening Requirements - The necessity of screening and the type of
screening required varies greatly with each particular situation. There
fore, it is the intent of this section to provide a discretionary measure
in deciding the appropriate height, width, and type of screening
necessary.
40.171 Required Areas - Screening shall be required in the following
situations
(a) Where a business zone abuts a residential zone, a screen will be
required along the boundary of the business property adjacent
to the residential.
(b) Where an industrial zone abuts a residential zone, a screen will
be required along the boundary of the industrial property adjacent
to the residential.
652
(c) Off-street parking lots shall be screened when located adjacent
to or in a residential zone.
(d) Mobile -home parks shall provide a screen along their property lines.
(e) Fences in a residential zone shall follow the following height
limitations:
(1) Front Yard....... 4 feet
(2) Side Yard ....... 4 feet
(3) Rear Yard 6 feet
40.172 Procedure.- The procedure to determine screening height, type and
width is as follows:
(1) The developer shall submit his plat to the Planning Commission and
shall show the type of screening to be located along the boundary
of his property.
(2) The commission shall then determine the type, height, and width
of the screening.
40.18 Home Occupations - Home occupations are conditionally permitted uses
and shall be approved in compliance with the following regulations:
40.181 Nature of Use - Home occupations may include the office or studio
in the residence of the following:
(a) Doctor (g) Teacher (with musical instruction limited to
(b) Dentist one pupil at a time)
(c) Artist (h) Realtor
(d) Lawyer (i) Insurance Agent
(e) Engineer (j) Dressmaker
(f) Antique Shop (k) Other similar uses except a barber shop, beauth
shop, tea room, tourist home or animal hospital.
(See definition of home occupation)
40.182 Use Provisions - The following restrictions shall be placed on
the above home occupations:
(a) Must be conducted exclusively by the resident with no more than one
(1) employee.
(b) Not more than one fourth (�,) of one floor of the residence shall
be used.
(c) Alterations and constructions shall be allowed provided that the
external character and appearance of the building remains unchanged
and the requirements of this ordinance are met.
(d) An indirectly lighted sign of not over one (1) square foot shall be
permitted and shall be attached flat against the dwelling.
40.183 Board of Adjustment - The Board of Adjustment may attach conditiol
TO ITS APPROVAL WHICH ARE NECEssary to preserve the character of the
district in which the proposed use will be located.
40.19 Planned High -Rise Apartment Development
The purpose of this section is to establish a procedure for the development of
high-rise apartments, which is otherwise prohibited by the area and density
requirements of the respective zoning districts.
40.191 Definition - A high-rise apartment shall be any residential
structure that is four (4) stories or more in height and contains a
minimum of sixteen (16) individual dwelling units.
40.192 Requirements - It is the intent of this section to handle each
development of this nature as a separate entity and to provide, through
Commission approval, a flexibility in the design of each.
653
(a) Yard Requirements
Front Yard 50 feet
Side Yard 25 feet each
Rear Yard 50 feet
(b) Area Requirements
Lot Area Required - One (1) City Block
(c) Maximum Building Height
There shall be no maximum height provided all minimum yard require-
ments are increased three (3) feet for each story above four (4)
stories or sixty (60) feet.
(d) Maximum Floor Area Ratio
4.0
(e) Minimum Parking Requirements
Parking requirements should be set according to the intended use of
the high-rise development and an acceptable ratio established for
each separate development, i.e., elderly units ... 1 space for each
three (3) units.
40.193 Procedure
(a) Upon receipt of an application and a site plan of the proposed tota
development, the Planning Commission shall.hols a public hearing in
the manner set out in KRS Chapter 100. At this time, the Commissio
shall set the above stated requirements.
(b) If approval is granted at the public hearing, the developer shall
then submit engineering, architectural and landscaping plans for
review by the City Engineer and the Planning Commission.
(c) Upon approval by the above, building permits and certificates of
occupancy may be issued, provided all conditions have been met and
all other requirements completed.
ARTICLE V
DISTRICT REGULATIONS
SECTION 50. PURPOSE
The purpose of this Article is to establish the use, provisions and dimensiona'
requirements for each zone.
SECTION 51. LOW DENSITY RESIDENTIAL ZONE R-1
The purpose of this zone is to provide for residential development of an open
nature.
51.01 Principal Permitted Uses - The following uses are permitted in an
R-1 Zone:
(a) Single -Family Dwellings
(b) Two -Family Dwellings
(c) Parks, playground or community center owned and operated by a
governmental agency.
51.02 Single-Familv Dwellings
51.021 Minimum Yard Requirements
Front Yard 40 feet
Side Yard 8 feet each side
Rear Yard 25 feet
654
Lots abutting two streets shall comply with the front yard setback
provisions along the street upon which the building on the corner lot
fronts. A fifteen (15) foot reduction in the front yard provisions is
allowed on the side yard facing the secondary street, provided such
reduction does not result in a side yard of less than 25 feet.
51.022 Minimum Area Requirements
Minimum Lot Area - 12,000 square feet (Per Unit)
Minimum Lot Width - 75 feet
51.023 Maximum Building Height
Maximum Height - 35 feet
51.024 Accessory Building
No accessory building shall be erected in any required yard and no
separate accessory building shall be erected within five (5) feet of any
other building.
51.03 Two -Family Dwellings
51.031 Minimum Yard Requirements
Front Yard - 40 feet
Side Yard - 8 feet each
Rear Yard - 25 feet
51.032 Minimum Area Requirements
Minimum Lot Area - 7,000 square feet per unit
Minimum Lot Width - 75 feet
51.033 Maximum Building Height
Maximum Height - 35 feet
51.034 Accessory Buildings
Same as 51.024
51.04 Conditionally Permitted Uses
(a) Multi -Family Dwellings
(b) Town -House Dwellings
(c) Kindergartens
(d) Home Occupations
51.05 Multi -Family Dwellings
51.051 Minimum Yard Requirements
Front Yard - 40 feet
Side Yard - 8 feet each
Rear Yard - 25 feet
51.052 Minimum Lot Area Requirements
Minimum Lot Area - 4,000 square feet per unit
Minimum Lot Width - 75 feet
51.053 Maximum Building Height
None
51.054 Accessory Buildings
See 51.024
655
51.06 Town House Dwellings
51.061 Minimum Yard Requirements
Front Yard - 40 feet
Side Yard - 8 feet each
Two (2) feet shall be added to the minimum side yard requirement:
for each unit above the three (3) initial units.
Read Yard - 25 feet
51.062 Minimum Lot Area Requirements
Minimum Lot Area - 4,000 square feet per unit
Minimum Lot Width - 75 feet (25 feet per unit)
51.063 Maximum Building Height
None
51.064 Accessory Buildings
Same as 51.024
51.065 Parking Requirements
Parking for town -house dwellings shall be provided in the rear of each
town -house structure with ingress and egress being allowed as part of th
side and/or rear yard requirements.
51.066 Limit on Number of Units
There shall be a minimum of three (3) dwelling units and a maximum of
six (6) dwelling units per town house structure. However, this
requirement may be waived if the Commission finds that more units will
not detrimentally affect the surrounding neighborhood.
51.07 Kindergartens
(a) Minimum Lot Area - 110 square feet per child
(b) Minimum Yard Requirements - The requirements of the zone apply to the
project where located.
(c) A four (4) foot wire mesh fence shall enclose the entire play area.
(d) Parking Requirements - There shall be provided one (1) parking space fo:
each five (5) children plus one (1) space for each three (3) employees.
51.08 Sign Regulations
No advertising signs shall be allowed in an R-1 zone except a realtor's
and/or an apartment complex which may advertise a "for sale", or "for rent",
with dimensions no greater than eighteen (18) inches by twenty-four (24
inches. —
SECTION 52. LOW AND MEDIUM DENSITY RESIDENTIAL ZONE, R-2
The purpose of this zone is to provide a residential area for those people
who do not need and who do not want as much living space as provided in the
R-1 Zone.
52.01 Principal Permitted Uses - The following uses are permitted in
the R-2 Zone:
(a) Any use permitted in the R-1 Zone
(b) Multi -Family Dwellings
(c) Town House Dwellings
52.02 Conditionally Permitted Uses - The following uses are special
exceptions and require written approval of the Board of Adjustment:
(a) Kindergartens
(b) Home Occupations
656
52.03 Single -Family Dwellings
52.031 Minimum Yard Requirements
Front Yard - 25 feet
Side Yard - 6 feet each
Rear Yard - 25 feet
52.032 Minimum Lot Area Requirements
Minimum Lot Area - 7,500 square feet
Minimum Width - 60 feet
52.033 Maximum Building Height
Height - 35 feet
52.034 Accessory Buildings
Same as 51.024
52.04 Two -Family Dwellings
52.041 Minimum Yard Requirements
Front Yard 25 feet
Side Yard - 6 feet each
Rear Yard - 25 feet
52.042 Minimum Area Requirements'
Minimum Lot Area 5,000 square feet per unit
Minimum Width - 60 feet
52.043 Maximum Building Height
Height - 35 feet
52.044 Accessory Buildings
Same as 51.024
52.05 Multi -Family Dwellings
52.051 Minimum Yard Requirements
Front Yard - 25 feet
Side Yard - 6 feet each side
Rear Yard - 25 feet
52.052 Minimum Area Requirements
Minimum Lot Area - 3,000 square feet per unit
Minimum Width - 60 feet
52.053 Maximum Building Height
None
52.06 Town -House Dwellinq Units
52.061 Minimum Yard Requirements
Front Yard - 25 feet
Side Yard - 6 feet each
Rear Yard - 25 feet
52.062 Minimum Area Requirements
Minimum Lot Area - 2,500 square feet per unit
Minimum Lot Width - 25 feet per unit
657
52.063 Maximum Fuilding Height
None
52.064 Accessory Buildings
Same as 51.024
52.065 Parking Requirements
See Section 40.16
52.066 Limit on Number of Units
Same as Section 51.056
52.067 Sign Regulations
Same as Section 51.08
SECTION 53. MEDIUM DENSITY RESIDENTIAL ZONE, R-3
The purpose of this zone is to provide a residential area for those people
who do not need and do not want as much living space as provided in the
R-2 Zone.
53.01 Principal Permitted Uses
(a) Any use permitted in the R-2 Zone
53.02 Conditionallv Permitted Uses - The following uses are special
ceptions and require written approval of the Board of Adjustment:
(a) Home Occupations
(b) Kindergartens
53.03 Single Family Dwellings
53.031 Minimum Yard Requirements
Front Yard - 25 feet
Side Yard - 6 feet each side
Rear Yard - 25 feet
53.032 Minimum Area Requirements
Minimum Lot Area - 6,000 square feet
Minimum Width - 50 feet
53.033 Maximum Building Height
Height - 35 feet
53.034 Accessory Building
Same as Section 51.024
53.04 Two -Family Dwellings
53.041 Minimum Yard Requirements
Front Yard - 25 feet
Side Yard - 6 feet each
Rear Yard - 25 feet
53.042 Minimum Area Requirements
Minimum Lot Area - 4,000 Square Feet per unit
Minimum Lot Width - 50 feet
5.3.043 Maximum Building Height
Height - 35 feet
658
53.044 Accessory Building
Same as Section 51.024
53.05 Multi -Family Dwellings
53.051 Minimum Yard Requirements
Front Yard - 25 feet
Side Yard - 6 feet each
Rear Yard - 25 feet
53.052 Minimum Area Requirements
Minimum Lot Area - 2,500 square feet per unit
Minimum Lot Width - 50 feet
53.053 Maximum Building Height
None
53.054 Accessory Buildings
Same as Section 51.024
53.06 Town House Dwellings
53.061 Minimum Yard Reguirements
Front Yard - 25 feet
Side Yard - 6 feet each
Rear Yard - 25 feet
53.062 Minimum Area Requirements
Minimum Lot Area - 2,000 square feet per unit
Minimum Lot Width - 25 feet per unit
53.063 Maximum Building Height
None
53.064 Accessory Buildings
Same as Section 51.024
53.065 Parking Requirements
See Section 40.16
53.066 Limit on Number of Units
Same as Section 51.056
53.067 Sign Regulations
Same as Section 51.08
SECTION 54. High Density' Residential Zone
The purpose of this zone is to provide an area that will combine compatible
residential and business uses in such a manner that it will buffer low den si
residential property from high density and commercial uses.
54.01 Principal Permitted Uses
(a) Any use permitted in the R-3 Zone
(b) Nursing Homes
(c) Professional Office Buildings (in which incidental business may be
conducted only as a service to patrons, provided there is no entran
to said business other than from inside the building)
(d) Tourist Home
(d) Kindergartens and Day Nurseries
(f) Cemeteries
4
659
54.02 Conditionally Permitted Uses
(a) Commercial Greenhouses
(b) Funeral Homes
(c) Home Occupations
(d) Hotel or Motel
54.021 Board of Adjustment Approval
The special exceptions listed above shall be considered as business
uses and shall meet the requirements of the B-1 Zone. All plans
will be submitted to the Planning Commission prior to Board of
Adjustment approval and the Commission shall require such condition
as are necessary to maintain the character of this zone. The
Board may grant dimensional variances to businesses when lot
requirements cannot be met.
54.03 Requirements for Single Two -Family and Town House Dwellings
Single Family Dwellings, Two -Family Dwellings and Town House Dwellings
shall comply with the requirements of the R-3 Zone.
54.04 Multi -Family Dwellings
54.041 Minimum Yard Requirements
Front Yard - 25 feet
Side Yard - 6 feet each
Rear Yard - 25 feet
54.042 Minimum Area Requirements
Minimum Lot Area - 1,300 square feet per unit
Minimum Lot width - 50 feet
54.043 Maximum Building Height
None
54.044 Sigh Regulations
Same as Section 51.08, however, sign regulations for business
uses in the R-4 Zone is permitted provided -the sign is no
larger than 36" x 48" and shall be indirectly lighted.
SECTION 55. CONVENIENCE AND SERVICE ZONE B-1
The purpose of this zone is to provide convenient shopping areas to serve
nearby residential areas.
55.01 Principal Permitted Uses
(a) Any use permitted in the R-4 Zone.
(b) Home Occupations
(c) Hotels and Motels
(d) Commercial Greenhouses
(e) Funeral Homes
(f) The following uses provided they are conducted wholly within a
building except for off-street loading and unloading:
(1) Retail establishments (Product processing is allowed only is
the products are sold at retail on the premises.
(2) Personal and Convenience Service Establishments
(3) Shoe Store and Repair Shop
(4) Tailor Shop
(5) Theater
(6) Variety Store
(g) The following uses are permitted as approved by the Commission bas
on the conditions necessary to protect the character of this zone:
(1) Service Stations
(2) Drive-in Establishments
(3) Other similar but undefined uses.
660
The Commission shall determine that the above uses will not be
detrimental to adjacent residential property via excessive noise,
light, odor, or vibration; design of the structure shall be compatible
with the adjaceht areas and undue traffic congestion will not occur.
55.02 Minimum Yard Requirements
None
55.03 Minimum Area Requirements
None
55.04 Maximum Building Height
None
55.05 Accessory Buildings - Accessory buildings shall be built no closer
than fifteen (15) feet from any property line and no closer than ten (10)
feet from any other building.
55.06 Access Control
(a) Lots with less than 200 feet of frontage shall have only one (1) point
of access to any one public street.
(b) Lots in excess of 200 feet may have 2 points of access for each 200
feet of frontage on any one public street.
55.07 Screening Regulations
(a) Where a side or rear lot line is shared with an adjoining residential
lot, some screening device decided upon by the Commission shall be
installed.
(b) The screen shall be at least six (6) feet in height but it need not be
greater than ten (10) feet.
55.08 Parking Regulations
See Section 40.17
SECTION 56. DOWNTOWN BUSINESS ZONE B-2
The purpose of this zone is to encourage the development and redevelopment of
the City's Downtown Business District.
56.01 Principal Permitted Uses
(a) Any use permitted in the B-1 Zone
(b) Trade, Business, and Vocational Schools
(c) Places of Amusement, Assembly, and Recreation
(d) Assembly Buildings of Fraternal, Professional and Labor Organizations
(e) Automobile Sales and Service
(f) Commercial Parking Lots and Garages
(g) Newspapers and Printing Establishments
(h) Radio and T. V. Stations
(i) Any other similar use, which, in the Commission's opinion, would not
impair the business character of the downtown area.
56.02 Minimum Lot Area and Yard Requirements
None
56.03 Maximum Building Height
None
56.04 Parking Regulations
Parking requirements are waived for all uses in the B-2 Zone except for
the following:
(a) Bus Terminals
(b) Hotels and Motels
661
(c) Residential Dwelling Units
SECTION 57 GENERAL BUSINESS ZONE, B-3_
The purpose of this zone is to provide an area for high intensity commercial
activity of a wholesale nature and to ensure easy highway access for such uses.
57.01 Principal Permitted Uses
(a) Any use permitted in the B-2 Zone
(b) Wholesale Establishments
(c) Automotive Equipment Sales and Repair
(d) Laundry and Dry Cleaning Establishments
(e) Light Industrial Operations (as approved by the Planning Commission
according to degree of objectionable smoke, noise, odor, glare, and
vibration).
57.02 Minimum Yard Requirements
None
57.03 Minimum Area Requirements
Minimum Lot Area - 5,000 square feet
Minimum Lot Width - 50 feet
57.04 Maximum Building Height
None
57.05 Screening Requirements
Same as Section 55.07
57.06 Parking Requirements
See Section 40.16
SECTION 58. LIGHT INDUSTRY ZONE, M-1
The following provisions shall apply in the M-I•Light Industry Zone unless
otherwise provided herein:
58.01 Principal Permitted Uses_
(a)
(b)
(c)
(d)
(e)
(f)
Any use permitted in the B-3 Zone
Any industrial, manufacturing, fabrication, or processing use which
does not emit obnoxious noise, smoke, odor, or dust beyond the
confines of its property.
Warehouses
Junkyard (solid fence, minimum of 8' in height, enclosing junkyard.;
Public and Commercial Sewage Disporal Plant
Any other use. in the Commission's opinion, which would be compatib.
in the B-3 Zone.
58.02 Conditionally Permitted Uses - The followinf uses are special
exceptions and require written approval of the Board of Adjustment:
(a) Any other industrial use determined to be of the same general
character as the above permitted uses.
(b) Animal Hospital or Kennel, located not closer than 300 feet to
an R -Zone.
58.03 Minimum Yard Requirements_
None required, however, the Planning Commission may attach conditi<
to any industrial use that would require yard space in order to protect
the health, safety, and welfare of Paducah's citizens. An industrial
use shall provide a yard of twenty-five (25) feet on any side of its
property that abuts a residential zone.
58.04 Minimum Area Requirements
Minimum Lot Area - 5,000 square feet
Minimum Lot Width - 50 feet
662
58.05 Maximum Building Height
None
58.06 Parking Requirements
See Section 40.16
SECTION 59. HEAVY INDUSTRY ZONE M-2
The following provisions shall apply in the M-2 Heavy Industry Zone unless
otherwise provided herein:
59.01 Principal Permitted Uses
(a) Any use permitted in the M-1 Zone
(b) Animal Hospital or Kennel
(c) Any industrial use that is determined to be nondetrimental to the
properties immediately surrounding the use.
59.02 Minimum Yard Requirements
None
59.03 Minimum Area Requirements
None
59.04 Maximum Building Height
None
5.9.05 Parking Requirements
See Section 40.16
SECTION 60. CONSERVANCY ZONE, C-1
It is the intent here to establish a zone to meet the needs of the Ohio and
Tennessee Rivers and their tributaries in times of flood and to prevent the
undue loss of life and property by not allowing encroachment into the zone
of uses which will either be damaged by flood or will increase flood water
heights. Land subject to flooding is considered to be all land below ele-
vation 341.3, U.S.G.S. Paducah.
60.01 Principal Permitted Uses
(a) Open type uses such as loading and unloading areas, parking
lots, and gardens auxiliary to uses permitted in any adjoining
district.
(b) Storage yards for equipment and material not subject'to major
flood damage, provided such storage is accessory to uses per-
mitted in adjoining districts; also provided the stored items
are not flammables or toxic materials or other materials which
could contaminate public waters to concentrations determined
to be hazardous by state or federal standards, and; also provided
stored items can be firmly anchored during times of flood.
(c) water -proof facilities.
(d) Open -type public and private recreation facilities such as
public parks.
60.02 Conditionally Permitted Uses - The following are special ex-
ceptions and require written approval of the Board of Adjustment:
(a) Any use determined to be of the same general character as the
above permitted uses.
60.03 Planning Commission Approval - No permit shall be issued for
the construction of any building or for any use within the C-1 zone
until the plans for such construction or use have been submitted to
the Planning Commission and approval has been given in writing for such
construction or use. The Commission may make its approval subject to
663
such reasonable conditions as necessary to protect the purpose of this
zone. ICeeping in mind the stated purposes of this Zone, the Commission
shall be guided by the following standards in its review of plans:
(a) Any uses permitted shall be of a type not appreciably damaged
by floodwaters, and no structures for human habitation shall
be permitted.
(b) No filling of land shall be permitted except in instances in
which express permission is granted by the Planning Commission
(c) Any structure permitted shall be designed, constructed, and
placed on the lot so as to offer minimum obstruction to the
flow of water. .
(d) When, in the opinion of the Planning Commission, topographical
data, engineering, or other studies are needed to determine th
effects of flooding on a proposed structure or land use, the
Commission may require the applicant to submit such data or
other studies prepared by competent engineers or other
techincal people.
SECTION 61. CIVIC CENTER ZONE, A-1
The purpose of this zone is to strengthen those cultural and governmental
services which benefit the entire region, but which can only be supported
in the civic center; provide a separate and compact area for those important
uses; give the City of Paducah nore effective visual relationship in and
around the downtown area; and provide, in the design of the civic buildings
and open spaces, a physical point for urban aesthetics and civic pride.
61.01 Principal Permitted Uses
(a) Public Buildings, (City, County, State and Federal)
(b) Office Buildings (financial, professional, personal, business and
medical)
(c) Business, Trade, Personal, and Vocational Schools
(d) Hotels and Motels
(e) Public Parking Areas
(f) Accessory Uses to the above
(g) Any use determined to be of the same general character as the
above permitted uses.
Plans for architectural design and site layout shall be approved by the
Planning Commission, and it may require changes as may be deemed
necessary or desirable to insure proper design standards, to minimize
traffic difficulties, to safeguard adjacent properties and to preserve
the institutional character of the Civic Center Zone.
61:02 Minimum Yard Requirements
Front Yard - 10 feet
Side Yard - 6 feet when abutting a street, otherwise, 4 feet.
Rear Yard - None
61.03 Minimum Area Requirements
Minimum Lot Area - 5,000 square feet
Minimum Lot Wdith - 50 feet
61.04 Maximum Height
45 feet
ARTICLE VII
ENFORCEMENT, ADMINISTRATION, AND PENALTIES
It is the intent of this ordinance to provide for the efficient, reasonable,
and impartial enforcement of this ordinance by authorizing an enforcement
officer, the basic procedure for complying with the ordinance, and the
penalties for violators.
664
SECTION 70. ZONING ENFORCEMENT OFFICER
It shall be the duty of the Building Inspector to be the Enforcement Officer
for the Zoning Ordinance. He is hereby given the authority to administer
and enforce the provisions of this Ordinance.
SECTION 71. BUILDING PERMIT REQUIRED
No building or other structure shall be erected, moved, added to, or struc-
turally altered without a building permit issued by the Building Inspector.
No'building permit shall be issued except in conformity with the Zoning
Ordinance.
SECTION 72. APPLICATIONS FOR BUILDING PERMIT
All applications for building permits shall be accompanied by plans, in dup-
licate and drawn to scale, showing the actual dimensions of the lot to be
built upon, the sizes and the locations on the lot of any existing buildings
or structures, the shape, size, height, use, and the location on the lot of
the building or structure proposed to be erected or altered, and such other
information as may be necessary to provide for the enforcement of the pro-
visions of this Ordinance. I£ no substantial progress in construction has
been made within six months of the date of the issuance of the building per-
mit, the permit becomes invalid.
SECTION 73. CERTIFICATE OF OCCUPANCY REQUIRED
A certificate of occubancy issued by the Enforcement Officer is required in
advance of the use of occupancy for: (a) Any lot or change in the use thereof;
(b) a building hereafter erected, or a change in the use of an existing build-
ing; (c) any nonconforming use that is existing at the time of the enactment
of this Ordinance and amendments thereto that is changed, extended, altered or
rebuilt thereafter. The certificate of occupancy shall state specifically
wherein the nonconforming use fails to comply with the provisions of this
Ordinance. No certificate of occupancy shall be issued unless the lot or
building or structure complies with all the 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 furnished, upon request, to
any person having a porprietary or tenancy interest in the building, structure,
of land involved.
SECTION 75. REMEDIES
if any building or structure is erected, constructed, reconstructed, re-
paired, converted, or any building, structure, or land is used in violation
of this ordinance, the Enforcement Officer or other appropriate authority
or any adjacent or other property owner who would be damaged by such vio-
lation, in addition to other remedies, may institute injunction, mandamus,
or other appropriate action in proceeding to stop the violation in the case
of such building, structure, or land.
SECTION 76. CLARIFICATION OF ADMINISTRATIVE JURISDICTION
The following is recapitulation of the administrative agencies with juris-
diction, and the extent of their jurisdiction concerning the administration
of the Zoning Ordinance:
76.01 - The Planning Commission may employ a staff or contract with
planners or other persons as it seems necessary to accomplish its as-
signed duties as delineated in Kentucky Revised Statutes, Chapter 100.
76.02 - The Enforcement Officer has initial authority for the literal
enforcement of this Zoning Ordinance. He has no discretionary authority
to allow any departure from the literal conformance with this Ordinance.
76.03 - The Board of Adjustment has authority to hear appeals from de-
cisions by the Enforcement Officer, and to make literal interpretations
of the pertinent provisions in order to correct any possible misinter-
pretation, and to make only those departures from a literal conform-
ance of this Ordinance which are specifically delegated to it.
76.04 - The Circuit Court has jurisdiction to determine all questions and
issues properly brought before it on appeal from the decisions of the
Board of Adjustment or Planning Commission.
Wo
665
SECTION 77. SCHEDULE OF FEES, CHARGES AND EXPENSES
A schedule of fees, charges, and expenses, and a collection procedure for
appeals from the BOA action, variances and conditional use permits is hereby
established. No action shall be taken before the Board or Commission unless
or until preliminary charges have been paid in full.
Request for
Zone Change
$25.00
Application
for
Variance or Conditional
Use Permit
5.00
Application
for
Home Occupation
5.00
Application
for
Site Plan
5.00
Application
for
Parking Layout
5.00
ARTICLE VIII
BOARD OF ADJUSTMENT
SECTION 80. APPOINTMENT AND ORGANIZATION
A board of adjustment (hereinafter known as the Board) shall be appointed and
organized in conformance with the Kentucky Revised Statutes, Section 100.217.
SECTION 81. POWERS AND DUTIES
The Board shall have the following powers and duties:
81.01 ByLaws - To adopt bylaws for its own government
81.02 Administrative Review - To hear and decide appeals where it is
alleged by the applicants that there is error in any order, requirement,
permit, decision, determination, or refusal made by the Enforcement Officer
or other administrative official in the carrying out or enforcement of any
provisions of this Ordinance, and for interpretation of the Zoning Map.
81.03 Conditional Uses - To hear and decide applications for conditional
use permits that allow uses which are specifically named in the zoning
provisions, and which may be suitable only in specific locations in the
zone if certain conditions are met.
81.04 Variance - To hear and decide on applications for dimensional
variance where, by reason of the exceptional narrowness, shallowness,
or unusual shape of the site, or by reason of exceptional topographic
conditions, or some other extraordinary situation or condition of that
site, the literal enforcement of the dimensional requirements (height
or width of building, or size of yards, but not population density) of
the zoning provisions would deprive the applicant of reasonable capacity
to make use of the land in a manner equivalent to the use permitted other
landowners in the same zone. The Board may impose any reasonable con-
ditions or restrictions -on any variance it decides to grant.
81.05 - Before any variance is granted, the Board must find all of the
following (which shall be recorded along with any improved conditions
or restrictions in its minutes and records, and issued in written form
to -the applicant to constitute proof of the dimensional variance):
(a) The specific conditions, in detail, which are unique to the
applicant's land and do not exist on other land in the same
zone.
(b) The mangier in which the strict application of the provisions
of this Ordinance would deprive the applicant of the reason-
able use of the land in,the manner equivalent to -the use per-
mitted other landowners in the same zone.
(c) That the unique conditions and circumstances are not the result
of actions of the applicant taken subsequent to the adoption
of the Zoning Ordinance.
(d) Reasons that the variance will preserve, not harm the public
safety and welfare, and will not alter the essential character
of the neighborhood.
666
81.06 Nonconforming Use Chancre - To permit a change from one nonconforming
use to another, providing the new nonconforming use is in the same or a more
restrictive zoning classification in accordance with Section 40.02.
81.07 Limits of Authority - The Board of Adjustment shall not possess the
power to grant a variance to permit a use of any land, building, or structure
which is not permitted by the zoning provisions for the zone in question; or
to alter density requirements in the zone in question. The Board does not
possess the authority to permit a use not authorized by this Ordinance.
81:08 Application of Variance - A dimensional variance applies to the
property for which it is granted, and not to the applicant. A variance
also runs with the land, is transferrable to any future owner of the land,
but it cannot be transferred by the applicant to a different site.
81.09 Additional Authority - In granting a variance, the Board may attach
thereto such conditions regarding the location, character and other features
of the proposed building, structure, or use as it may deem advisable in the
furtherance of the purposes of this Ordinance.
81.10 Evidence Substantiated - Before any variance is granted, the Board
must find present conditions which must be sustained by evidence presented
by the applicant that the property will not yield a reasonable return if
used in compliance with the Ordinance; that the conditions causing the
hardship are unique and are not shared by neighboring property in the same
zone; that the granting of the variance will not be in conflict with the
Zoning Ordinance. These conditions must be alleged by the applicant and
evidence must be produced by him to substantiate these allegations.
SECTION 82. PROCEDURE FOR APPEALS
Any appeal to the Board of Zoning Adjustment may be taken by any person, firm
or corporation aggrieved, or by any governmental officer, department, board
or bureau affected by any decision of the Building Inspector based in whole
or in part upon the provisions of this Ordinance. Such appeal shall be taken
by filing with the Board of Adjustment a notice of appeal, specifying the
grounds thereof. Said notice of appeal shall be filed within thirty (30)
days from the date upon which the notice of refusal of building permit or
certificate of occupancy is mailed by the Building Inspector; and failure
to file notice of appeals within thirty (30) days shall constitute a waiver
of the right to appeal. The Building Inspector shall transmit to the Board
of Adjustment all papers constituting the record upon which the action appeal
was taken. The Board shall fix a reasonable time for the hearing of the
appeal, give public notice thereof, as well as due notice to the parties
in interest, and decide the same within a reasonable time. Upon the hearing,
any person or party may appear in person or by agent or by attorney.
SECTION 83. AMENDMENTS
This Zoning Ordinance, including both the text and the zoning map, may be
amended, supplemented, changed, modified, or repealed. A proposal for amendment
to any zoning regulation may originate with the Planning Commission or with
the Paducah City Commission, or with the owner of the property in question.
Regardless of the origin of the proposed amendment, it shall be referred to
the Planning Commission before adoption. The Planning Commission shall then
hold at least one public hearing after notice as required by Kentucky Revised
Statutes, Chapter 424, and make recommendations to the various legislative
bodies involved, and it shall take a majority of the entire legislative body
to override the recommendation of the Planning Commission. The Commission
may send copies of the notice to property owners surrounding the proposed
zoning change.
All procedures for public notice and publication as well as for adoption
shall be the same as for the original enactment of a Zoning Ordinance.
(KRS Chapter 424.)
Before any map amendment is granted, the Planning Commission or the legis-
lative body must find that the map amendment is in agreement with the commun-
ity's comprehensive plan or, in the absence of such a finding, that one or more
of the following apply and such finding shall be recorded in the minutes and
records of the Planning Commission and the legislative body.
667
83.01 - That the original zoning classification given to the property was
inappropriate or improper.
83.02 - That there have been major changes of an economic, physical or
social nature within the area involved which were not anticipated in the
community's comprehensive plan and which have substantially altered the
basic character of such area.
SECTION 84. CONFLICT WITH OTHER REGULATIONS
In the case of a conflict between this Ordinance and/or any part thereof,
and the whole part of any existing or future adopted Ordinance of
Paducah, Kentucky, tje more restrictive provision in all cases shall apply.
The various Zoning Ordinances adopted by the City of Paducah, Kentucky
before June 8, 1971, are hereby repealed.
SECTION 85. SEPARABILITY
Should any section or provision of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdicaion, such declaration
shall not affect the validity of the Ordinance as a whole or any part
thereof, which is not specifically declared to be invalid or unconsti-
tutional.
SECTION 86. EFFECTIVE DATE
This ordinance shall take effect and be in force from and after the date
of its adoption, the public welfare demanding it.
Mayor /I
Passed by the Board of Commissioners June 8, 1971
Recorded by Sarah Thurman, City Clerk, June 8, 1971.