HomeMy WebLinkAboutOrdinance Book 18, Page 66, Ordinance Number 73-2-75866�
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ORDINANCE NO. 73-2-758
AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING
COMMISSION RESPECTING THE AMENDMENT OF THE PADUCAH ZONING ORDINANCE -1971,
BY ADDING THERETO A NEW SECTION TO BE KNOWN AS "SECTION 62, H-1,
HISTORICAL ZONE", AND AMENDING SAID ORDINANCE
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. That a resolution adopted by the Paducah Planning
Commission on February 5, 1973, entitled "A RESOLUTION CONSTITUTING
THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED
AMENDMENT OF THE PADUCAH ZONING ORDINANCE -1971, BY ADDING THERETO A
NEW SECTION TO BE KNOWN AS SECTION 62, H-1, HISTORICAL ZONE", be
approved as the final report of said Commission respecting the matters
therein set forth.
SECTION 2. That the Paducah Zoning Ordinance -1971, be, and the
same is hereby amended and reordained by adding thereto Section 62, H-1,
Historical Zone, said new section to read as follows:
"SECTION 62. USE PROVISIONS FOR THE HISTORICAL ZONE,_ H-1.
It is the intent of this ordinance to provide for a historical
zone which will assist in the preservation of places and areas of
interest to those who are concerned with the history and architecture
of the City's past.
62.01 Historical and Architectural Review Commission - Within the
Historical Zone, H-1, before applications for building permits, permits
to raze, wreck or remove a structure; and before certificates of
occupancy can be approved by the Enforcement Officer, the building or
use in question must be approved by the Historical and Architectural
Review Commission, which is hereby created.
The Historical and Architectural Review Commission shall have jurisdiction
only in the Historical Zone, H-1, as defined by the zoning map of this
Ordinance. Within the Historical Zone, the HARC shall have authority to=
approve or disapprove the following items, only: The exterior features
of the building and/or lot which are subject to public view from a
public right-of-way, including texture, color, and type of building
material used, but not interior arrangement, building size, or building
or lot features not subject to public view. Razing of buildings in the
Historical Zone is prohibited except where the HARC finds removal to be
in harmony with the preservation of the Historical Zone.
62.02 Membership of the Historical and Architectural Review Commission -
The HARC shall consist of five (5) members, each to be appointed by the
City Commission. The term of office of the members shall be for three (3)
years, except the terms of two of the members of the original Commission
shall expire within three (3) years; two within two (2) years; and one
within one (1) year. An appointment to fill a casual vacancy shall be for
the unexpired portion, only.
62.03 Powers and Duties - The HARC shall have the power to establish by-
laws for its own government and to elect its own officers. It shall be
the function and duty of the HARC to pass upon the appropriateness of
exterior architectural features of buildings, structures, signs, and other
exterior features hereafter erected, reconstructed, altered or restored
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in the Historical Zone, only, and provided that such features are subject
to public view from a public right-of-way.
62.04 Review of Plans - All plans, elevations, and other information
necessary to determine the appropriateness of the features to be passed
upon, together with a copy of the application for a building permit or
certificate of occupancy shall be made available to the HARC by the office
of the Zoning Enforcement Officer.
62.05 ARproval/Disapproval of Plans - In case of the disapproval of
plans by the HARC, the Commission shall state the rea^ons for such dis-
approval in writing and transmit the written statement to the applicant.
The written statement shall also contain suggestions of the Commission in
regard to appropriateness within the zone of the property in question.
Upon approval of plans, the HARC shall forthwith transmit a report to
the Enforcement Officer stating the basis upon which such approval was
made. The Enforcement Officer shall then issue a Certificate of Historical
and Architectural Review. Such a certificate shall not, in any way, absolve
the applicant from compliance with the other provisions of this Ordinance,
the fulfillment of which is necessary prior to issuance of a building permit
and certificate of occupancy.
If the HARC fails to take final action on any case within forth -five (45)
days after the date of application for permits, the case shall be deemed
to be disapproved, except when mutual agreement has been made for an
extension of the time limit.
62.06 Meetings - The HARC shall meet within ten (10) days after notifica-
tion by the Enforcement Officer of the filing of an application for a building
permit or certificate of occupancy for a case upon which the Review Commission
is required to pass. The Review Commission may also hold meetings at its
own determination, or upon call of the Chairman.
62.07 Certificate of Historical and Architectural Review - A Certificate
of Historical and Architectural Review is required in advance of the con-
struction, alteration, restoration, or use of a building or lot located
within the Historical Zone, as designated on the zoning map of this
ordinance."
SECTION 3. That if any section, paragraph or provision of this
ordinance shall be found to be inoperative, ineffective or invalid for
any cause, the deficiency or invalidity of such section, paragraph or
provision shall not affect any other section, paragraph or provision
hereof, it being the purpose and intent of this ordinance to make each
and every section, paragraph and provision hereof separable from all
other sections, paragraphs and provisions.
SECTION 4. This ordinance shall be in full force and effect
from and after its adoption.
Mayor
Passed by the Board of Commissioners February 6, 1973
Recorded by Sarah Thurman, City Clerk, February 6, 1973.