HomeMy WebLinkAbout2021-08-8697ORDINANCE NO. 2021-08-8697
AN ORDINANCE AMENDING CHAPTER 126
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH
WHEREAS, any change to the text of the zoning code must be referred to the Paducah
Planning Commission before adoption and considered in accordance with KRS 100.211; and
WHEREAS, a public hearing was held on July 8, 2021 by the Planning Commission
after advertisement pursuant to law; and
WHEREAS, the Paducah Planning Commission duly considered said proposal and has
heard and considered the objections and suggestions of all interested parties who appeared at said
hearing; and
WHEREAS, the Planning Commission adopted a proposal to change the text of Chapter
126 of the City of Paducah zoning ordinance; and
WHEREAS, the City desires to amend certain sections of the Paducah Code of
Ordinances to reflect the changes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky hereby amends the following
sections of the Paducah Code of Ordinances as follows:
Sec. 126-3. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.
Accessory building [and i4sel means a subordinate building located on the same lot [with the
as a principal building, or a subordinate use of land, either of which is customarily
incidental to the principal building or to the principal use of the land. Where part of the
wall of an accessory building is a part of the wall of the principal building in a substantial
manner as by a roof, such accessory building shall be [eettnted] considered as part of the
principal building. Local public utility, communication, electric distribution, axd
secondary power lines, gas hnes, water lingL and sewer lines, [ ,l
guy -wires, small transformers, wires, er cables and incidental equipment [and 9ublie
telephone beeths] are considered accessory buildings or structures.
b4ee6ssery living quarterq rnea_ns liviffig quarters w4hin an aeEessery building, fef the sole use
Alley means a permanent public service way providing a secondary means of access to
abutting lands.
Arterial highway strip commercial means commercial uses which front on the designated U.S.
highways in either the B-1 or the 11�B Zene] HBZ classifications.
Automobile service station means an establishment with the primary business function of the
retail sale of gasoline for passenger [ear] vehicle use[,] and the minor service and repair
work incidental to the operation of passenger automobiles.
Bed and breakfast means an owner -managed and [ occupied] owner -occupied residential
structure used as a lodging establishment where a room or rooms are rented on a nightly
basis; and in which only breakfast is included as part of the basic compensation.
Berth means the off-street area required for the receipt of or distribution by vehicles of
material or merchandise with a fourteen (14) foot height clearance paved with a suitable
dust preventative or hard surface.
Block frontage means all the property fronting on one (1) side of a street between intersecting
streets, or between a street and [u right of w ] the terminus of a dead-end street or [eAy]
the City boundary, measured along the street line.
Board means the City of Paducah [Qty] Board of Adjustment[, F Kentucky].
Building means any structure having enclosed space and a roof for the housing or enclosure
of persons, animals or chattels.
Building area means the maximum horizontal projected area of [the] a principal [and] or
accessory building, excluding open steps, [er] terraces, unenclosed porches not exceeding
one (1) story in height or architectural appurtenances projecting not more than two (2)
feet.
Building, detached, means a building having no party wall in common or structural connection
with another building.
Building, front line of, means the line of the face of the building nearest the front lot [lien] line.
Building, height of, means the vertical distance from the average contact ground level at the
front wall of a building to the highest point of the coping of a flat roof, [sr] to the deck line
of a mansard roof, or to the mean height level between eaves and ridges for gable [anfll &
hip or gambrel roofs.
Building line means the line nearest the front and across a lot establishing the minimum open
space to be provided between the front line of a building or structure and the front lot
line.
Building, nonconforming, means a legally existing building which fails to comply with the
regulations set forth in this chapter applicable to the zone in which [this] the building is
located.
Building, principal, means a building in which is conducted the main or principal use of the lot
on which said building is situated. ["There a substantial part of aft aeeessE)r-y building is
1..,:1,7:....b.,.:11 be a ...t,.,7 a art of the prin .:pal builds 1
1
Building, semidetached, means a building having one (1) party wall in common with an adjacent
building.
Business means the engaging in the purchase, sale, barter or exchange of goods, wares,
merchandise or service[,], the maintenance or operation of offices, or recreational and
amusement enterprises.
[QnTground faeans any
fner-e eanaping par -ties, including eabins, tents, house tTailefs, or othef EaffTiing •]
Carport means a structure consisting of a roof and either walls or columns for the purpose of
housing automotive vehicles and other chattels. Said structure shall be considered a
building.
Cemetery means land used for the burial of the dead and dedicated for cemetery purposes,
including columbariums, crematories, mausoleums and mortuaries when operated in
conjunction with and within the boundary of such cemetery.
City means the City of Paducah, Kentucky.
Clinic or medical [health] center means an establishment where patients are admitted for special
study and treatment by two (2) or more licensed physicians and/or dentists and their
professional associates, as distinguished from a professional office for general
consultation purposes.
Commission means the City of Paducah [City] Planning Commission.
Conditional use means a use which would not impair the public health, safety or welfare in one
(1) or more zones, but which would impair the integrity and character of the zone in which
it is located or in adjoining zones unless restrictions on location, size, extent and character
of performance are imposed in addition to those imposed in the zoning regulations.
Conditional use permit means legal authorization to undertake a conditional use issued by the
administrative official pursuant to authorization by the Board of Adjustment consisting
of two (2) parts:
1. A statement of the factual determination by the Board of Adjustment which
justifies the issuance of the permit.
2. A statement of the specific conditions which must be met in order for the
use to be permitted.
Cottage home means a structure of not less than one hundred fortv (140) sauare feet nor more
than four hundred (400) square feet intended for use as a permanent, single-family
residence. A manufactured home, mobile home, camper or recreational vehicle shall not
be considered a cottage home. A single cottage home may only be vlaced on lots smaller
than eight thousand (8,000) square feet
County means [the Ca" of ] McCracken CouM Kentucky.
[C.P;r4lCourtyard means an open unoccupied space on the same lot with a building or group
of buildings and bounded on three (3) or more sides by such buildings.
_. .. __ _ _. Y
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Development plan means written and graphic material for the provision of a development plan,
including any or all of the following: location and bulk of buildings and other structures,
intensity of use, density of development, streets, ways, parking facilities, signs, drainage
of surface water, access points, a plan for screening or buffering, utilities, existing
manmade and natural conditions, and all other conditions agreed to by the applicant.
Dwelling means a building, or portion thereof, used primarily for residential occupancy,
including [one (" family ^^a multiple tiple &vel4 s] single-family, two-family and multi-
family occupancy, but not including hotels, motels, short-term rentals (includes special
event short-term rentals) or bed and [breakfast] breakfasts.
Dwelling, assisted care, means a building, or portion thereof, [and] consisting of five (5) or more
bedrooms, used for residential occupancy by a group. The dwelling is characterized by
renters with separate bedrooms for sleeping and [that there- re shared common areas for
reception, recreation, living, cooking, laundry and the like. The tH+A dwelling is further
signified by the presence of an employee(s) that provides various services such as
housekeeping, maintenance, cooking, security, personal care[,] and transportation. This
definition is distinguished from, and is intended not to conflict with, KRS 100.982 and
100.984.
Dwelling, [multiple] multi -family means a building, or portion thereof, used for occupancy by
three (3) or more families living independently of each other.
Dwelling, [ene (1) ] sin le- amily, means a building used for residential occupancy by one (1)
family.
Dwelling, [±,.._ 62, fiam",] two-family means a building, or portion thereof, used for occupancy
by two (2) families living independently of each other.
Dwelling unit means a dwelling, or portion of a dwelling, used by one (1) family for cooking,
living and sleeping purposes.
Educational institution means a public, parochial or private preprimary, primary, or grammar
school- [ ]; a high school, preparatory school or academy,
that is public or founded, [er] owned or conducted by or under the sponsorship of a
religious or charitable organization[7]; a private preparatory school or academy furnishing
courses of instruction substantially equivalent to the courses offered by public high
schools for preparation of admission to colleges or universities which award BA or BS
degrees; a junior college or university, that is public or founded or conducted by or under
the sponsorship of a religious or charitable organization or a private school when not
conducted as a commercial enterprise for the profit of individual owners or stockholders.
This definition shall not be deemed to include trade or business schools as defined in this
section.
Effective date hereof means October 26, 1976.
Enforcement officer means the [Building or] Chief Building Official of the City or
designee.
Family means one (1) or more persons living as a single housekeeping unit, as distinguished
from a group occupying a hotel, club, fraternity or sorority house. A family shall be
deemed to include servants.
Fence means a [marfmade] structure consisting of wood, metal, wire, mesh, masonry or other
[mamnade] manufactured material.
Floor area ratio FAR means the floor area of the building divided by the area of the lot.
Garage, private, means a detached accessory building or portion of a [maim] principal building,
used for the storage of self-propelled vehicles, [where] in which the capacity does not
exceed three (3) vehicles per family housed in the building to which such garage is
accessory and not more than one-third (1/3) of the total number of vehicles stored in such
garage shall be commercial vehicles. Storage space for not more than three (3) vehicles
may be [rexted] utilized for vehicles of other than occupants of the building to which such
garage is accessory.
Garage, public, means any building [or- premises except those defined [hereinl 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.
Ground floor area means 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.
Ground level means for buildings having walls adjoining onLy one (1) street the elevation at
the front lot line at the center of the wall adjoining the street for buildings having walls
adjoining more than one street, the average elevation of the front lot line at the center of
all walls adjoining the streets; for buildings having no wall adjoining the street the
average level of the ground adjacent to the exterior walls of the building Any
approximately parallel to and not more than five (5) feet from a street is to be considered
as adjoining the street.
Heliport means a facility for helicopters to take off and land.
Home occupation [&r-�] means any use conducted entirely within a residential 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 barbershop, beauty shop, tearoom, bed
and breakfast or animal hospital be construed to be a home occupation.
Hospital means [inehWes] a sanitarium, preventorium [al4] or clinic, provided such
institution is operated by, or treatment given under, the direct supervision of a physician
licensed to practice by the State of Kentucky.
Hotel or motel means a building, or portion thereof, or group of buildings in which lodging is
provided and offered to the public for compensation and which is open to transient
guests, in contradistinction to a lodging house.
Industrial, heavy, means those industries whose processing of products result in the emission
of any atmospheric pollutant, light flashes,, [er] glare, odor, noise or vibration which may
be heard and/or felt off the premises, and those industries which constitute a fire or
explosion hazard.
Industry, light, means those industries whose processing of products results in none of the
conditions described for heavy industry.
Ingress/ egress easement means an open, unoccupied, officially designated space other than a
street or alley, permanently reserved for use as a means of access to abutting property.
Junkyard means any place at which personal property is, or may be salvaged, for reuse, resale,
reduction or similar disposition and is owned, possessed, collected, accumulated,
dismantled or sorted, including, but not limited to,; use of salvaged base metal or metals,
their compounds or combinations; or used or salvaged rope, bags, paper, rags, glass,
rubber, lumber, millwork, brick and similar property which are used, owned or possessed
for the purpose of wrecking or salvaging parts therefrom.
Kennel means any lot or premises on which dogs or small animals are kept for commercial or
sale purposes. A [neneeFfffnereiai] 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 ,1:,.,_:,, ] zones, provided that such dogs or small
animals do not constitute a nuisance to the neighborhood.
[Loading and unleading berths means dhe off s#PPt -area requir-ed fer 04e feeeipt ef e
tw4ve (12) feet by f4ty (50) feet leading space with a four-teen (14) foot height elear-anee,
paved with a suitable dust preve"ta44vp. m! lhavd ;;1r4aee. I
edgi ^house Lodging house means a building with more than two 2 but not more than five
(5) guest rooms where lodging with or without meals is provided for compensation for a
period of time not to exceed six (6) months for each guest.
Lot means a piece, parcel, plot, tract or area of land occupied or capable of being occupied by
one (1) principal building and the accessory buildings or uses customarily incidental to it,
and including the open spaces required under this chapter, and having its principal
frontage on a street or ingress/egress easement. [44ae weed "let" ....,ales the word "Ple'V:
or "parcel.-]
Lot, corner, means a lot at a junction of, and fronting on, two (2) or more intersecting streets.
Lot coverage means the percentage of the lot area covered by the building area.
1i et g)eeund level means fer- buildings having walls adjoining only one (1) stfeet the elevation
at the front lRf li—Re at thp cpntpr of the wall adjeifdng the stT-eet for- buildings having walls
adje4iing mefe than one street the aver-age elevatia;; of OhL- fpo4# lot line at the PPR_fPT- Rf
A walls ..djoi, iRg the streets-, fe f buildings having ,. wall ,..1;,.;..kig the st-..ee
aver-age level of ffie gr-etmd adjacent to the exterior smalls of the blailding.Anyt wall
as adje4iing the st feet. ]
Lot, interior, means a lot other than a corner or through lot.
Lot line, front, means, in the case of an interior 1047]1 a line separating the lot from the street or
[plaee] ingress/ egress easement and, in the case of a corner lot[,]; the line designated [ire
by deed, plat or subdivision requirements er, if fie s eh r: quire ents are provided,, th
line Elesig . ted by the prnpe t 1.li—me1. seeks a building aftL. 1
Y ]'
Lot line, rear, means 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.
Lot line, side, means any lot boundary line not a front lot line or a rear lot line.
Lot, through, means a lot having frontage on two (2) parallel or approximately parallel streets.
Lot width means the dimension of a lot[, measured between side l^, lines at the building
setback line.
Manufactured home means a single-family dwelling unit constructed in accordance with the
National Manufactured Housing Construction and Safety Standards Act of 1974, as
amended, and manufactured after June 15, 1976, which is designed to be transported
across streets and highways to a point of use, and is equipped with the necessary service
connections, and includes the plumbing, heating, air conditioning and electrical systems
contained therein, and made so as to be readily movable as a unit.
Mobile home means any vehicle, including the equipment sold as a part of a vehicle, which is
so constructed as to permit its being used as a conveyance upon public streets or highways
by either self-propelled or non -self-propelled means, which is designed, constructed or
reconstructed, or added to by means of an enclosed addition or room, in such a manner
as will permit the occupancy thereof as a dwelling or sleeping place for one (1) or more
persons, which is both used and occupied as a dwelling or sleeping place, having no
foundation other than wheels, jacks, skirting or other temporary supports.
Mobile home park means an area of land upon which two (2) 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.
Nursing home means an establishment which provides full-time convalescent or chronic care
or both, for four (4) or more individuals who are not related by blood or marriage to the
operator and who, by reason of chronic illness or infirmity, are unable to care for
themselves. Neither care for the acutely ill nor 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.
[gr..,,,.Y applied lie 7 to 1 er- ,�r d buil4in,.hall brens4up-d fe inelude 1- "inteRded, aFr-anged or designed to be used or- a
." ]
Parkin area, public, means an open off-street area [other than a street or al4ey
8 P r p , [ ��] designed for
use or used for the temporary parking of [faiff ()or mere] motor vehicles when available
for public use, whether free or for compensation or as an accommodation for clients or
customers.
Parking space (off-street) means an off-street space accessible from a street, [er] alley or ingress
egress easement with a minimum width of nine 9 or ten (10) feet, depending on land
use. The minimum length of such space shall be contingent upon the degree or angle of
the space and the maneuverability area required. As a guide to establishing a minimum
length, the Commission shall refer to Illustration No. 1 in the appendix immediately
following this chapter.
Person means and includes a firm, association, organization, partnership, trust, company or
corporation as well as an individual.
Personal and convenience services means a business [bu&h esses] offering services such as
barbershops, beauty shops, laundromats, laundry and [dr elea�] dry-cleaning pickup
and delivery stations (but excluding actual laundry operations); and similar uses.
Planting screen or landscape screen means a completely planted visual barrier composed of
evergreen plants and trees arranged to form both a low-level and a high-level screen. The
high-level screen shall consist of evergreen trees or shrubs planted with specimens having
an initial height [aboveground ] above ground when planted of not less than five (5) feet
and planted at intervals of not more than eight (8) feet [on Haat^-] on -center. The low-
level screen shall consist of evergreen shrubs having an initial height [iflx gr-eurl 0
above ground when planted of not less than two (2) feet and spaced at intervals of not
more than four (4) feet [^oma mart^-] on -center. The low-level screen shall be planted in
alternating rows to produce a more effective barrier.
Professional office means offices of members of recognized professions such as physicians,
surgeons, lawyers, engineers, dentists and architects.
Retaining wall means a physical barrier necessaryprevent the erosion and/or deterioration
of an established elevation.
Short-term rental means a dwelling or room that is rented, leased or assigned for a tenancy for
less than thirty (30) consecutive days in duration and where no meals are served or
provided by the host to any guest. A short-term rental may be owner occupied or non -
owner occupied.
Short-term rental, special event, means a dwelling or room that is rented, leased or assigned for
a tenancy for less than seven U days a year and where no meals are served or provided
by the host to any guest. A special event short-term rental may be owner occupied or
non -owner occupied. There shall be a maximum of two (2) permits issued a year.
Sight triangle means a triangular space at the street corner of a corner lot, free from any
of obstruction to vision between the heights of two and one-half (21/2) and twelve 12 feet
above established grade, determined by a diagonal line connecting two (2) points
measured fifteen 15 feet equidistant from the street right-of-way corner along each
property line.
Street means a right-of-way, other than an alley or ingress/ egress easement, dedicated or
otherwise legally established [to the] for public use, usually affording the principal means
of access to abutting property.
Structural alteration means any change in the supporting members of a building, such as
bearing walls, [or] partitions, columns, beams or girders[7]1 or any substantial change in
the exterior walls or the roof.
Structure means anything constructed or made, the use of which requires permanent location
in or on the ground or attachment to something having a permanent location in or on the
ground including, buildings and signs.
Trade or business school means a secretarial school or college,, or business school or college,
[when] that is not public and not owned or conducted by or under the sponsorship of a
religious or charitable organization,l or a school conducted as a commercial enterprise for
teaching instrumental music, dancing, barbering or hairdressing, or for teaching
industrial skills in which machinery is employed as a means of instruction. This definition
shall not be deemed to include an educational institution as defined in this section.
Use means the employment or occupation of a building, structure or land for a person's
service, benefit or enjoyment.
Use, nonconforming, means an existing use of land or building which was legal prior to the
effective date hereof, but which fails to comply with the requirements set forth in this
chapter applicable to the zone in which such use is located.
Use, open, means 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.
Used-,,....�.lied to land _ „;ia;„shall.,a
w striupd- to „i„ the a a a
rranyb� r
ar-Fanged or designed to be used or ]
Variance, dimensional, means 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 the zoning regulations would result in unnecessary
and undue hardship.
Yard means a space on the same lot with a principal building[,] that is open[,] and unoccupied
other than by steps, walks, terraces, driveways, lampposts and similar [sem]
appurtenancesand unobstructed by structures, except as otherwise provided in this
chapter.
Yard, front, means a yard extending across the full width of the lot, between two (2) side lot
lines, the depth of which is the least distance between the street right-of-way and the
building line.
Yard, rear, means a yard extending across the full width of the lot between the two (2) side lot
lines and between the rear line and a line parallel [line tangent to, and coexisting with,
the rear of the principal building, the depth of ..,w;,.0 is the 1past di9tan-Go 1;C the
rear lot line and the paFallel ]
Yard, side, means a yard bounded by the rear yard, the front yard, the side lot line and the
principal building.
Zoning map [er-4 a ] means the official zoning map of the City.
Sec. 126-64. Lots.
(a) Reduction of lot size. No lot, even though it may consist of one (1) or more adjacent lots in
the same ownership at the time of passage of this article, shall be reduced in size so that
lot width, [or] size of yards, lot area [per— l ] or any other requirement of this article is
not maintained. This section shall not apply when a portion of a lot is acquired for public
purpose.
(b) Multiple principal structures on a lot. One (1) principal structure may be erected on any one
(1) lot. [ ' .n., t., ioeate a , a i c
> > r y
ownefship s stipulated :n seetion 62 76.] When more than one (1) principal structure of
different use types [to be aetedl on the same lot is proposed, multiple principal
structures may be allowed as provided for in section [62-4-781126-176 with a development
plan.
(c) Public street frontage. Unless otherwise provided in this article, no building shall be erected
on a lot which does not abut for at least twenty-five (25) feet on a public street.
(d) Existing lots. [ At the time of the eiga .tment of A.:....rtic1. ;fl If an owner of a plot of land
consisting of one (1) or more adjacent lots does not own sufficient continuous land to
enable such owner to conform to the minimum lot size requirements provided herein,
such plot of land may nevertheless be used as a building site. [The difnensional
that will pennit a
Only single-family dwellings shall be constructed under this provision and shall bell
principally permitted provided the statutory setbacks are met and the FAR shall not be
less than ten (10) percent.
(e) Variances to setback lines. Front yard setback lines may be varied where the average depth
of principal buildings on adjoining properties is less than the depth prescribed elsewhere
in this article. In such case, the front yard [in question shall not be less than the average
depth of existing front yards on the two (2) lots immediately adjoining.
Sec. 126-102. Low Density Residential Zone, R-1.
The purpose of this zone is to provide for residential development of an open nature.
1. Principal permitted uses. [ :]
a. Single-family dwellings;
b [Two ice2) family Two-family dwellings a«a tRIAR.,,,..,,.,..; Writh «,. ,..,._,. fha4g .,
C. Park, playground or community center owned and operated by a governmental
agency[.];
d. Special event short-term rentals.
2. Single-family dwellings.
a. Minimum ground floor area. No building shall be erected for residential
purposes having a ground floor area of less than one thousand, two hundred
(1,200) square feet, exclusive of porches, breezeways, terraces, garages and
exterior and secondary stairways.
b. Minimum yard requirements.
1. Front yard: Forty (40) feet.
2. Side yard[,, each side:] Eight (8) feet.
3. Rear yard: Twenty-five (25) feet.
4. Lots abutting two (2) streets shall comply with the [yard] 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] 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 twenty-
five (25) feet.
C. Minimum area requirements.
1. Minimum lot area: Twelve thousand (12,000) square feet.
2. Minimum lot width: Seventy-five (75) feet.
d. Maximum building height: Thirty-five (35) feet.
e. Parking shall be per section 126-71 f(d*_(g)-4-3�.]
Additionally, there shall be no more than four (4) vehicles
parked in any front yard. And:
1. All parking shall be minimally semi -unproved to a dense grade aggregate
surface.
2. All trailers, campers, motor homes and boats shall not be allowed in any
front yard. Such trailers and vehicles which do not exceed dimensions of
eight (8) feet by twenty-four (24) feet may be stored in the rear or side yard
of any lot. Such trailers and vehicles which do exceed dimensions of eight
(8) feet by twenty-four (24) feet may be stored in the rear or side yard of
any lot, provided side yard requirements are maintained and [that] the
trailer or vehicles are not used as a dwelling.
3. Commercial vehicles, equipment and trucks with axle weights greater
than one (1) ton, and/or heights greater than eight (8) feet, and/or lengths
greater than thirty (30) feet shall not be parked in [art] the R-1 Zone.
Commercial passenger cars and light duty trucks otherwise complying
from the requirements of this section are exempt from this requirement.
3. [Two (2)fiamily Two-family dwellings (And.. z_.„.,....,.., with ne ....... than iwe Q, aftaehed
units pei- tewnhous 1.
a. Minimum yard requirements.
1. Front yard: Forty (40) feet.
2. Side yard: Eight (8) feet.
3. Rear yard: Twenty-five (25) feet.
b. Minimum area requirements.
1. Minimum lot area [per-ttrtit]: [7099] Seven thousand (7.000) square feet tomer
unit.
2. Minimum lot width: Seventy-five (75) feet (per structure).
C. Maximum building height: Thirty-five (35) feet.
4, [Aeeesso.-y buildi—ings. Same as subseetien (2) (e) of tl-ds section.]
e. d. Parking shall be per subsection (2) [(€ e)] of this section.
4. Conditionally permitted uses.
1. [N1u4tifan+4y] Multi -family dwellings;
2. Daycare nurseries;
3. Home occupations;
4, [T-eiynh-eu....... .:Fr. more ttive(2) attaehed
5. d. Places of worship.
5. [Mta4gan+i1y] Multi family dwellings ( ].
1. Minimum yard requirements.
Front yard: Forty (40) feet.
2. Side yard[, each Eight (8) feet.
3. Rear yard: Twenty-five (25) feet.
b. Minimum [let] area requirements.
1. Minimum lot area [per unit:] Five thousand (5,000) square feet per unit;
four (4) or more units, four thousand (4,000) square feetep r unit.
2. Minimum lot width: Seventy-five (75) feet.
C. Maximum building height. None.
d- [Aeeessery building.. See ....1...erti n (2) (e) of tkis eetion ]
6. Daycare nurseries.
1. Minimum lot area: One hundred (100) square feet per child.
2. Minimum yard requirements: The requirements of the zone apply to the project
where located.
3. A four (4) foot wire mesh fence, or other appropriate fence as may be required by
the Board of Adjustment, shall enclose the entire play area.
4. [Par -king r-equirements. See seetien 126-74-.1
Sec. 126-103 Low and Medium Density Residential Zone, R-2.
a 1. Principal permitted uses. [The follai..;-.g uses are permitted in the n 2 Zone!]
a. Single-family dwellings.
[family] bb. Two famil dwellings and teiva aures with no more than
twe (2) attached units peF ]•
c. Park, playground or community center owned and operated by a governmental
agency.
4. d. Special event short-term rentals.
13-. 2. Conditionally permitted uses. [T"^ fello ,inn uses afe speeial ^ ..tion^ and require
4: a. Daycare nurseries;
b. Home occupations;
[ ] c. Multi -family dwellings;
4 d. Bed and breakfast.l
5 e. Places of worship.
6, f. Short-term rentals
e- 3. Single-family dwellings.
4- a. Minimum ground floor area. No building shall be erected for residential
purposes having a ground floor area of less than one thousand (1,000) square feet,
exclusive of porches, breezeways, terraces, garages and exterior and secondary
stairways.
b. Minimum yard requirements.
a: 1. Front yard: Twenty-five (25) feet.
19, 2. Side yard[, each side]: Six (6) feet.
F 3. Rear yard: Twenty-five (25) feet.
c. Minimum let area requirements.
[a:] 1. Minimum lot area: Ten thousand (10,000) square feet.
[b:] 2. Minimum lot width: Sixty (60) feet.
4 d. Maximum building height: 'Thirty-five (35) feet.
[�, n ,.,weer. 1..,;1,7;ngs Ne accessory building shall be ,. ,.,.t...7 .4ffiin six (6) feet e
any side lot line and no separate aecessery buildingslhall be pr-pett-d Avi4lin five (5)
feet ef any other buildingof ..w...... 17..........x1.....1....7. not apply to aEeesser
buildings However, no accessory building or stp+. 1, 111, 11 d ' a F
3]
6. e. Parking shall be per section 126-102 (2) (€ e).
(EI) [T -we (2) fanWy] 4. Two-family dwellings.
4 a. Minimum yard requirements.
a. 1. Front yard: Twenty-five (25) feet.
b. 2. Side yard[,, e^]: Six (6) feet.
e. 3. Rear yard: Twenty-five (25) feet.
2. b. Minimum area requirements.
a.1. Minimum lot area: Six thousand (6,000) square feet per unit.
b: 2. Minimum lot width: Sixty (60) feet (per structure).
c. Maximum building height: Thirty-six (36) feet.
d. Parking shall be per section 126-102 (2) (€ e).
e. 5. [A4u€h)camily] Multi family dwellings.
4 a. Minimum yard requirements.
a: 1. Front yard: Twenty-five (25) feet.
13,-.2. Side yard: Six (6) feet.
F 3. Rear yard: Twenty-five (25) feet.
2:b. Minimum area requirements.
a.1. Minimum lot area [per unit: ` fee (3) ^M Fne-e units, fear Four thousand
(4,000) square feeten r unit.
b, 2. Minimum lot width: Seventy-five (75) feet.
B. c. Maximum building height. None.
[ Accessory buildings. Same as ^„1..^,.^tier im (e) „F this. sect:.,._
i
G Parking fee , ,.t.. Same a section 126 102 (2) /t1 1
Sec. 126-104. Medium Density Residential Zone, R-3.
a 1. Principal permitted uses.
4 a. Single-family dwellings.
[T:.e (2) fund ] b. Two family dwellings and ne Fnafe than
tPiVE) (2) attached units per- ]
3 c. Park, playground or community center owned and operated by a governmental
agency.
4. d. Special event short-term rentals.
b. 2. Conditionally permitted uses. [
ivr-itten approval of the PRar-cl of
:]
4 a. Home occupations;
2. b. Daycare nurseries;
3. c. Mobile home parks;
4 [ ] d. Multi -family dwellings'
5. e. Assisted care dwellings;
6. f. Bed and breakfast,
g. Places of worship.
8, h. Short-term rentals
F 3. Single-family dwellings.
4 a. Minimum ground floor area: No building shall be erected for residential
purposes having a ground floor area of less than eight hundred [fifty (850)] 800
square feet, exclusive of porches, breezeways, terraces, garages and exterior and
secondary stairways.
2. b. Minimum yard requirements.
a-.1. Front yard: Twenty-five (25) feet.
b: 2. Side yard: Six (6) feet.
e: 3. Rear yard: Twenty-five (25) feet.
c. Minimum [let] area requirements.
a. 1. Minimum lot area: Eight thousand (8,000) square feet.
b: 2. Minimum [lot] width: Fifty (50) feet.
4. d. Maximum building height: Thirty-five (35) feet.
5, [Aeeesser-y buildings. Same as seetien 126 403 (e) (5).
6: e. Parking shall be per section 126-102 (2) ([€] e).
d [ 'we (2 family] 4. Two = amily dwellings.
4. a. Minimum yard requirements.
a. 1. Front yard: Twenty-five (25) feet.
2. Side yard: Six (6) feet.
F 3. Rear yard: Twenty-five (25) feet.
I b. Minimum area requirements.
a. 1. Minimum lot area: Four thousand (4,000) square feet per unit.
b: 2. Minimum lot width: Fifty (50) feet (per structure).
I c. Maximum building height: Thirty-five (35) feet.
4 n cees er-y building Same as seEt:e 126 Inn (e) (5
d. Parking shall be per section 126-102 (2) (€ e).
e-. [An" l /ami y] 5. Multi -family dwellings [and townheuses.]
4. a. Minimum yard requirements.
a: 1. Front yard: Twenty-five (25) feet.
b: 2. Side yard: Six (6) feet.
e: 3. Rear yard: Twenty-five (25) feet.
b. Minimum area requirements
a: 1. Minimum lot area[, :] Three thousand (3,000)
square feetep r unit.
2. Minimum lot width: [Seventy fWe ;75; '^^ ] Sixty (60) feet.
c. Maximum building height. None.
4 f_n ....... sor-., buildings. Same a eetion 176 103 (e) (5)
5. ParkiRg requirements. See seetien 426 192 (2) (f). ]
6. Public parking areas.
a. A public parking area is permitted where the area abuts a business or industrial
zone, provided the Commission finds the public parking area not to be detrimental
to the adjoining residential area.
b. The public parking area shall be developed as required by [s^�aens 426
thr-oug I section [126 76] 126-71.
c. Provisions for a public parking area shall adhere to the setback requirements as
listed in the zone in which it is to be located, however, no setback is required along
a rear property line where the residential zone and the business or industrial zone
join.
4 d. Screening requirements for a public parking area shall be the same as section [42,6-
7-2-1126-83.
42{}
7-2-] 126-83.
e. The Commission shall require a landscape plan that includes provisions that at
least ten (10) percent of the entire site shall be landscaped. Parking lot lighting
may be approved provided that pole heights do not exceed fourteen (14) feet;
lighting be directed inward to the property and that no off -target lighting be
allowed.
7. Assisted care [*ng] dwelling (conditionally permitted only)
4 a. Minimum yard requirements.
a: 1. Front yard: Twenty-five (25) feet.
2. Side yard: Six (6) feet.
e: 3. Rear yard: Twenty-five (25) feet.
-2r -L. [Let] Minimum area requirements.
a: 1. Minimum lot area: Fifteen thousand (15,000) square feet.
2. Minimum lot width: One hundred (100) feet.
e: 3. Maximum [grettrtd-fleer-te] floor area ratio: Twenty-five (25): one (1)
c. Maximum building height: Thirty-five (35) feet.
4. d. Maximum pervious cover: Sixty (60) percent.
[Aeeessofy building. Same as seeti .,_ 126 03.11
6: e. Parking shall be per section [126 18 2] 126-71 and shall follow the group home
formula. Additionally, all parking areas and drives shall be paved and screened
from adjoining residential property. There shall be no parking in any side yard.
[ .]
f. Landscaping [andsefeenieg.] The open area on the lot not used for parking or
building shall be landscaped with grasses, vegetative groundcover, flowers,
gardens, trees and shrubs; provided that not more than seventy-five (75) percent
of the open area is put into grass. Trees and shrubs shall be installed at the
following rate: One (1) tree and two (2) shrubs for every one thousand (1,000)
square feet of floor area.
Site lighting. Any outdoor light shall be directed inward to the property and
there shall be no [ofFrftarge ] off -target lighting. The maximum light pole height
shall be ten (10) feet.
[ •YY'•, • •••• Approvals per xro 75 apply cvathis -vc .]
Sec. 126-105. High Density Residential Zone, R-4.
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 density residential property from high
density and commercial uses.
(1) Principal permitted uses.
a. Any use permitted in the R-3 [sexe] Zone•
b. [Multifarrrily] Multi -family dwellings;
C. Nursing homes,
d. Professional office buildings (yard requirements for office buildings shall be the
same as the B-1 [sere] Zone requirements);
e. Daycare nurseries;
f. Assisted care dwellings (yard and lot requirements shall be the same as 126-104 (g
7));
g. Cemeteries;
h. Bed and breakfast,
i. Places of worship;
j. Short-term rentals (includes special event short-term rentals);
k. Any other use not listed which, in the Commission's opinion, would be compatible
with the above uses in the R-4 [gene] Zone.
(2) Conditionally permitted uses.
a. List of uses.
1. Commercial greenhouses;
2. Funeral homes;
3. Home occupations,
4. Hotels or motels;
5. Beauty shops and barbershops;
6. Mobile home parks.
b. Board of Adjustment approval. The conditionally permitted uses listed above shall
be considered as business uses and shall meet the requirements of the B-1 fiz x ]
Zone except home occupations shall be considered pursuant to section 126-73 of the
Zoning Ordinance. [
(3) [ ] Single and two-family dwellings. Single-family
[dwella3gs] and [fly] two-family dwellings shall comply with the requirements
of the R-3 [sene] Zone.
(4) [Alfth�ffimily] Multi -family dwellings [and townhouses.]
a. Minimum yard requirements.
1. Front yard: Twenty-five (25) feet.
2. Side yard,- eaeh-4a^]: Six (6) feet.
3. Rear yard: Twenty-five (25) feet.
b. Minimum area requirements.
1. Minimum lot area[,-per—tit]: Two thousand (2,000) square feetep r unit.
2. Minimum lot width: Fifty (50) feet.
C. Maximum building height. None.
d. Public parking area. Same as section 126-104 ([f] 6).
Sec. 126-106. Convenience and Service Zone, B-1.
The purpose of this zone is to provide convenient shopping areas to serve nearby residential
areas.
(1) Principal permitted uses.
a. Any use permitted in the R-4 [zene] Zone (except all new single-family and two-family
residential structures shall comply with the R-4 [sone] Zone [yard] requirements.
Multi -family structures shall follow the limitations set forth by the Kentucky
Building Code. Cottage homes shall be subject to the provisions set forth below).
b. Home occupations.
C. Hotels and motels.
d. Funeral homes.
e. Commercial greenhouses.
f. Assembly buildings of fraternal, professional and labor organizations.
g. Restaurant.
h. Cottage homes.
g. i. The following uses, provided they are conducted wholly within a building
[ :] with the exception of the sale of
fresh or frozen foods, vegetables, fruits, flowers, straw, hay, garden implements
(such as, but not limited to; shovels, rakes & hoes) and garden machinery (such
as, but not limited to; lawn mowers, tillers & leaf blowers). These items may be
sold outside but must be located in front of a bona -fide business.
1. Retail establishments (product processing is allowed only if the products are
sold at retail on the premises).
2. Personal and convenience service establishments.
3. Shoe repair shop.
4. Tailor shop.
S. Theater.
(2) Conditionally permitted uses. The Board of Adjustment shall determine that the listed uses will
not be detrimental to adjacent residential property via excessive noise, light, odor, traffic
congestion or vibration.
a. Automobile rental, sales [e .seFv4e^a, service, refueling or washing.
b [ •]
c. b. Other similar but undefined uses.
(3) Minimum yard requirements.
a. Front yard-..- None, except for arterial highway strip commercial uses, for which a
minimum front yard of twenty-five (25) feet shall be provided and/or new
commercial uses that face a residential zone shall have a front yard setback of
twenty-five -five (25) feet.
b. Side yard None, except for arterial highway strip commercial uses; for such uses the
side yards shall not be less than twelve (12) feet except that any side yard abutting
a residential [dis4iet] zone shall not be less than twenty-five (25) feet.
c. Rear yard-.: None, except for arterial highway strip commercial uses; for such uses a
rear yard of ten (10) feet shall be provided; if such use is serviced from the rear or
if it abuts a residential [distriezone a rear yard of not less than thirty (30) feet
shall be provided.
(4) Minimum area requirements.
a. Minimum lot area: Five thousand (5,000) square feet, except for arterial highway strip
commercial uses, which shall be not less than ten thousand (10,000) square feet.
b. Minimum lot width: Fifty (50) feet, except for arterial highway strip commercial uses,
which shall be seventy-five (75) feet.
(5) Maximum building height. None.
(6)—Vecesser-y buildings. Aecesser-y buildings shall be buiU na elosef than fifteen (15) feet 4effl
any pfeperty 1--in-P amd nR ciRser than ten (10) feet 4em any ether buRding.]
(7 6) Access control.
a. Lots with less than two hundred (200) feet of frontage shall have only one (1) point of
access to any one (1) public street.
b. Lots in excess of two hundred (200) feet may have two (2) points of access for each two
hundred (200) feet of frontage on any one (1) public street.
c. All points of ingress and egress to major arterials shall be at least three hundred fifty
(350) feet from the ramp pavement transition point of highway interchanges.
a Wherea business zone faces an n 1 zene and/er- n n 2....:d„„t:..t zene, the Planning
... Frentyard setl.aek of hventy five (25) feet.
b Sere ,. requirements. shall t. garap as qLaction 42672
(9)— Parking -requirements. See sectieffi 126 71.
(7) Cottage home standards.
a. Minimum yard requirements
1. Front yard: Twenty-five (25) feet.
2. Side yard: Six (6) feet.
3. Rear yard: Twenty-five 25) feet.
b. Minimum area requirements
1. Minimum lot area: Two thousand two hundred fifty (2,250) square feet
2. Minimum lot width: Twenty-seven (27) feet
C. Maximum building height: Thirty-five (35) feet
d. Parking shall be per section 126-102 (2) (e)
e. Construction
1. Must have a continuous frost -proof foundation
2. Must be anchored in accordance with the Kentucky Building Code
3. Must have a roof pitch of at least 4:12 with a covering of shingles or metal
4. Storage buildings garages shipping containers or sheds converted to cottage
homes are explicitly not permitted All cottage homes must have the
characteristics of a typical stick -built or modular home
f. Cottage home community. More than one cottage home may be placed on a
single lot provided density is maintained and a site plan is submitted and
approved pursuant to section 126-75 of the Paducah Zoning Ordinance Not less
than twenty (20) percent of the total area of a cottage home community shall be
devoted to open space Said open space shall contain living ground cover and
other landscaping materials.
Sec. 126-107. Downtown Business Zone, B-2.
The purpose of this zone is to encourage the development and redevelopment of the City's
Downtown Business District.
(1) 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. Automobile rental, sales [^a,.o;], service, refueling or washing;
e. Commercial parking lots and garages;
f. Newspapers and printing establishments;
g. Radio and TV stations;
h. Any other similar use which, in the Commission's opinion, would not impair the
business character of the downtown area.
(2) Minimum [let] area and yard requirements. None.
(3) Maximum building height. None.
(4) Parking requirements. Parking requirements are waived for all uses [in the a cv 2 zone]
except for the following:
a. Bus terminals;
b. Hotels and motels,
c. Residential dwelling units.
(5) Minimum sight distance. The visibility requirements of section 126-65 shall not apply to
the B-2 [sene] Zone.
Sec. 126-108. Downtown Business Townliff Zone, B -2-T.
The purpose of [the 99 2 T- Zene] this zone is to encourage the development, redevelopment and
the preservation of the City's Townlift area.
(1) Principal permitted uses.
a. Trade, business and vocational schools;
b. Places of amusement, assembly and recreation;
c. Assembly buildings of fraternal, professional and labor organizations;
d. Commercial parking lots and garages;
e. Newspapers and printing establishments;
f. Radio and TV stations;
g. Residential dwelling units;
h. Restaurant/bakery/pub (no drive through permitted);
L Retail;
j. Short-term rentals (includes special event short-term rentals);
k. Any other similar use which, in the Commission's opinion, would not impair the
business character of the downtown area.
(2) [let] Minimum area and yard requirements. None.
(3) [Building] Maximum building height. None.
(4) Parking [regarlat-iens] requirements. Parking requirements are waived for all uses [ince B
tee] except for the following:
a. Bus terminals;
b. Hotels and motels.
(5) Minimum sight distance. The visibility requirements of section 126-65 shall not apply to the
B -2-T [zone] Zone.
(6) Ground floor use. The ground floor of all structures in the B -2-T [zone] Zone shall be a
permitted use as defined in [sob sectaon] subsection (1) [o'r as—seetie n] except that
residential uses may be permitted on any floor above [the greund flee ] or below the
ground floor. Residential uses may also be located in the rear one-third (1/3) of the ground
floor.
Sec. 126-109. 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.
(1) Principal permitted uses.
a. Any use permitted in the B-2 [sane] Zone
b. Wholesale establishments,
C. Automotive equipment sales and repair;
d. Laundry and [dry :'a:aniRg] dry-cleaning establishments;
e. Seasonal fireworks tents:
e, f. Light industrial operations (as approved by the Planning Commission according
to degree of objectionable smoke, noise, odor, glare, vibration and heavy freight
traffic generation).
(2) Minimum yard requirements. None.
(3) Minimum area requirements. None.
(4) Maximum building height. None.
[ .
Sec. 126-110. Light [Indus#ya] Industrial Zone, M-1.
The following provisions shall apply in the M-1 [Light Tmqdustfp] Zone unless otherwise provided
herein:
(1)Principal permitted uses.
a. Any use permitted in the B-3 Zone;
b. Any industrial, manufacturing, fabrication or processing use which does not emit
objectionable noise, smoke, odor or dust beyond the confines of its property;
C. Warehouses[;] and storage buildings;
d. Public and commercial sewage disposal plant;
e. Any other use which, in the Commission's opinion, would be compatible in the B-
3 Zone.
(2) Conditionally permitted uses. [The felle a
o � r rrequire
app reval ef the Beard of ]
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 three hundred (300) feet to an R
Zone.
C. Heliport.
(3) Minimum yard requirements.
a. Permitted uses having a total plan floor area of then thousand (10,000) square feet
or less:
1. Front yard: Twenty-five (25) feet, except for highway strip uses for which
a fifty (50) foot front yard is required.
2. Side yard: Ten (10) feet.
3. Rear yard: None, except where abutted by a residential zone, in which case
a rear yard of twenty-five (25) feet.
4. No storage of materials or equipment shall be allowed in the minimum
front yard.
b. Permitted uses with a total plan floor area of more than ten thousand (10,000)
square feet:
1. Front yard: Fifty (50) feet.
2. Side yard: Twenty-five (25) feet.
3. Rear yard: None, except where abutted by a residential zone, in which case
a rear yard of twenty-five (25) feet.
(4) Minimum area requirements.
a. Permitted uses having a total plan floor area of four thousand (4,000) square feet or
less:
1. Minimum lot area: Seven thousand, five hundred (7,500) square feet.
2. Minimum lot width: Sixty (60) feet.
b. Permitted uses with a total plan floor area of more than four thousand (4,000) square
feet:
1. Minimum lot area: Fifteen thousand (15,000) square feet.
2. Minimum lot width: Seventy-five (75) feet.
(5) Maximum building height. None.
(7 6) Maximum lot coverage.
a. Principal structures: Fifty (50) percent of gross lot area.
b. Total coverage by principal structures, accessory structures and outside storage:
Seventy (70) percent of gross lot area.
Sec. 126-111. Heavy Industrial Zone, M-2.
The following provisions shall apply in the M-27[ ] Zone unless otherwise
provided herein:
(1) Principal permitted uses.
a. Any use permitted in the M-1 Zone;
b. Animal hospital or kennel;
c. Junkyards ([
] A solid fence with a
minimum height of eight (8) feet shall be required to enclose the premises. In no
instance shall stored materials be visible from any public right-of-way);
d. Any industrial use that is determined to be [nendetr-irneu}tal] non -detrimental to the
properties immediately surrounding the use.
(2) Minimum yard requirements. Same as section 126-110 (3).
(3) Minimum area requirements. Same as section 126-110 (4).
(4) Maximum building height. None.
[(5) Pa44ng requirements. See seetion 126 71.1
(6 0 Maximum lot coverage. Same as section 126-110 (7).
Sec. 126-112. High Density Industrial Zone, M-3.
The following provisions shall apply in the M-3[,T^a—n a-astrial Zone,] Zone unless otherwise
provided herein.
(1) Principal permitted uses. Any use permitted in the M-1 [tee] Zone.
(2) Minimum yard requirements. None, except a yard of twenty-five (25) feet shall be required
on any side that abuts a residential zone.
(3) Minimum area requirements.
a. Minimum lot area: Five thousand (5,000) feet.
b. Minimum lot width: Fifty (50) feet.
(4) Maximum building height. None.
[ •]
(6 5)Maximum lot coverage. [ ] None.
Sec. 126-113 Conservancy Zone, C-1.
[it is the intent- e -re] The purpose of this zone is to[estab'�eto] 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 e zone] of uses which will
either be damaged by flood or will increase floodwater heights. Land subject to flooding is
considered to be all land below elevation 331.0, USGS Paducah.
(1) Principal permitted uses.
a. Open type uses such as loading and unloading areas, parking lots and gardens
auxiliary to uses permitted in any adjoining [disb4c4] zone.
b. Storage yards for equipment and material not subject to major flood damage;
provided such storage is accessory to uses permitted in the adjoining [4istfiet] zone
also provided the stored items are not flammable 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 -port facilities.
d. Open -type public and private recreation facilities such as public parks.
(2) Conditionally permitted uses. [The fol4ei• i are spedal exeeptions and require wri ^^
approval of 044 Board of Adjustment: any] Any use determined to be of the same general
character as the above permitted uses.
(3) Review and approval of plans.
a. No permit shall be issued for the construction of any building or for any use [moi
t r� e] 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.
b. The Commission may make its approval subject to such reasonable conditions as
necessary to protect the purpose of this zone.
c. [Keeping iR mind the statedpuT ries of this zefte, the]The Commission shall be
guided by the following standards in [its] the review of plans:
1. Any uses permitted shall be of a type not appreciably damaged by
floodwaters; and no structure for human habitation shall be permitted.
2. No filling of land shall be permitted except in instances in which express
permission is granted by the Planning Commission.
3. Any structure permitted shall be designed, constructed and placed on the lots
so as to offer minimum obstruction to the flow of water.
4. When, in the opinion of the Planning Commission,; topographical data,
engineering or other studies are needed to determine the 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 [eeffTeteiit engineers or- other-
teehnic�peeple] a professional representative.
Sec. 126-114. 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 more effective visual relationships 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.
(1) Principal permitted uses.
a. List of uses.
1. Public buildings (City, County, State and Federal);
2. Office buildings (financial, professional, personal, business and medical);
3. Business, trade, personal and vocational schools;
4. Hotels and motels;
5. Public parking areas;
6. Accessory uses to the above;
7. Short-term rentals (includes special event short-term rental
7.8. Any use determined to be of the same general character as the above permitted
uses.
b. Plan approval. Plans for architectural design and site layout shall be approved by the
Planning Commission, and [it may 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 [t'^-� pis
GeRte-tee] this zone.
(2) Minimum yard requirements.
a. Front yard: Ten (10) feet.
b. Side yard:
1. Abutting a street: Six (6) feet.
2. Not abutting a street: Four (4) feet.
c. Rear yard: None.
(3) Minimum area requirements.
a. Minimum lot area: Five thousand (5,000) square feet.
b. Minimum lot width: Fifty (50) feet.
(4) Maximum buildinv height. Forty-five (45) feet.
Sec. 126-115. Historical Zones, H-1 and H-2.
(a) Use provisions for [u;^+^ ^^' '3n4;44^,.,,:^'] the Historic Commercial Zone, H-1. The purpose of
the H-1 [sone] Zone is to encourage the development, redevelopment and the
preservation of the City's [ ] historic commercial area.
(1) Principal permitted uses.
a. Any use permitted in a B-2-T Zone;
b. Any other use which the Historical and Architectural Review Commission (hereinafter
called HARC) finds, based upon evidence at a public hearing, would not impair the
historical integrity of the [Histoyical C'emm^v^ ^'] H-1 Zone.
(2) Minimum yard requirements. None.
(3) Minimum area requirements. None.
(4) [" �i;iinftHff] Maximum building height. None.
(5) Parking requirements. None.
(6) Ground floor use. The ground floor of all structures in the H-1 Zone shall be a permitted
use as defined in subsection (1) (a) except that residential uses may be permitted on any
floor above or below the ground floor. Residential uses may also be located in the rear
one-third (1/3) of the ground floor.
(b) Use provisions for [ui� gal] the Historic Neighborhood Zone, H-2. The purpose of the H-2
[sone] Zone is to encourage the development, redevelopment and preservation of the
City's historic neighborhood [areas] area.
(1) Principal permitted uses.
a. Any principal use permitted in [an] the R-4 [sane] Zone except [may]
multi-family dwellings shall be conditional uses;
b. Funeral homes;
c. Beauty shops and barbershops;
d. Assembly [bxildiag] buildings of cultural, fraternal, professional and labor
organizations;
e. Restaurants;
f. Retail establishments, provided they are conducted wholly within a building
except for off-street loading [ate] & unloading[,] and provided [€ur4her] that
product processing is not allowed on the premises;
g. Tailor shop; and
h. Any similar use which the HARC finds, based upon evidence at a public hearing,
that would not impair the historical integrity of the [I=Rstaviea Nei9'''^44'^^a
sane] H-2 Zone.
(2) Conditionally permitted uses.
a. Lodging houses.
b. Multi-family dwellings. Existing single -family and two-family dwellings more
than fifty (50) years old shall not be subdivided into smaller dwellings units
regardless of lot size.
(3) [r imensienal fequirements] Minimum yard requirements.
a. [
1. Single fam4y dwellings: Fetir thousand ( 000) square ieet.
2. Two family divelling^. Lour theusand (4;000) square Feel per'.::'.it
b. Front yardi Twenty five (25) feet.
e. Side yar-& Six (6)
d. Reaf yard: Tiventy five (25) feet.
e. Maximum 1.
1...;1, ing ,.:.�O tis thi J \ / higher -L' (35) L two(2) L
b L. \ /
the tal4est principal b on either side of the proposed new
"]
a. _Residential dwellings:
1. Front yard: Twenty-five 25 feet.
2. Side yard: Six (6) feet.
3. Rear yard: Twenty-five 25) feet.
b. Non-residential structures: None.
(4) Minimum area requirements
a. Minimum lot area:
1. Single-family dwellings: Four thousand (4,000) square feet
2. Two-family dwellings: Four thousand (4,000) square feet per unit
3. Multi -family dwellings: Three thousand (3,000) square feet per unit
4. Non-residential structures: None.
b. Minimum lot width: Forty (40) feet.
(5) Maximum building height. Thirty-five (35) feet or no higher than two (2) feet taller than the
tallest principal building on either side of proposed new construction
-(4) f Screening requirements. Same as provided in section 126-83. For the purposes of
screening between the H-2 [zene] Zone and [all] adjoining zones, the H-2 [zene] Zone
shall be treated as es - ent l pr-ep,._+.. a residential zone.
(5) Q Parking requirements.
(6) (8) Waiver of lot requirements.
(c) Standards for determining historical integrity.
(d) Historical and Architectural Review Commission (HARC) established.
(e) Membership of HARC.
(f) Powers and duties of HARC.
(g) Certificate of Appropriateness required for changes in exterior appearance.
(h) Application for Certificate of Appropriateness.
(i) Public hearing on Certificate of Appropriateness.
(j) Grounds for granting a Certificate of Appropriateness.
(k) Maintenance and safety standards.
(1) Appeals.
Sec. 126-116. Highway Business [9 WIc4] Zone, #B9 HBZ.
The [il3t ] purpose of this [distriet] zone is to provide appropriate space and sufficient depth
from the street to satisfy the needs of modern commercial development where access is entirely
dependent on motor vehicle trade, and to encourage [the] development [of these leeatien s .. u' i
su i=uses-fa=n'7a�] in such a manner as to minimize traffic hazards and interference with other uses.
(1) [Pe � ] Principal permitted uses.
a. Any use permitted in the B-3 Zone;
n' iY13te4:R_ 11 jJp ,` ,7bli ti, 1 ,7' 1' -
r ,
r o oes and washingestablishments7
C. Hotels and 1
E Rery,.^ti,.nal . .,.1. as amusement parks; 1.,...,ling alleys and roller skating?
arehery r-anges7 miniature gal f, golf dr -Wing ranges and other siffg4ar-
^ „tivifies7 I
e-. b. Souvenir shops, roadside stands and curio shops when incidental to another
permitted use;,
f, [Office ce bun,^
fd;,.;
ll --a--
g. Retail establisImnents (preduet 19reeessing is alleived only if the pr-eduets are sold
at retail en the premises)7
h. Restatff ants and eating estabhshments7
i. Cemm_P4*!ial par -king lots and paridag garages7
jam,.^t,^t,. ]
(2) [_ iTa regulatieulatiens] Minimum yard requirements. [44ie fellewing requirements shall apply to
-all- -R-R--n- f-esid-e-n-tial uses permitted in th-is district. A14 residential uses shall comply wi
a. Front yard[-.]_ [All ll buil,?:,.,.s shall be .,.t 1...,.h from- the street right of . line no
L.,.,. *-an "".,] Fit (50) feet, except where a parallel access road is provided with
construction requirements which meet the standards of the City [street pia
Engineer's officel.
b. Side yard[-.]_ [ 4ie width of . side yard .. hieh abAit,.. Side„ti..1 distfict shall no
_ ______ ________J five_ _ _ _______ll ______ ____ ____ _________________
a. an t-. ,.1., n"feet.] Twelve 121 feet, except side yard that abuts a residential zone
shall not be less than twenty-five (25) feet.
C. Rear yard-.- [Eadh L.t ,a.^n 1.... e ^ _,.^_ yard of not less than ten n 0)f t ] Ten 10
feet, except where [PAsere] a commercial building is serviced from the rear, then
there shall be a rear yard of not less than thirty (30) feet[;] also the depth of a rear
yard which abuts a residential [distAe] zone shall not be less than thirty (30) feet.
d. [T—Rt Width Farh 1..t ,.1...11 1....,,.a ,;d* ^t the fFRBt 1..,:1, iRg line ..f ROt less tY.sev.,..
l ,.enty five (75) feet.
e-. (3) Minimum [Let] area requirements. _ ['1'' ere shaJ4 be ^ ._.;r:_..,,._, lot ^_„^ of not less
fah an fen thousand (10,000) square feet.]
a. Minimum lot area: Ten thousand (10,000) square feet.
b. Minimum lot width: Seventy-five (75) feet.
f: (4) Maximum building height: [Height ",._..ifefne } . ] None.
g[ •]
h. f(5) Highway access. All points of ingress and egress to major arterials shall be at least
three hundred fifty (350) feet from the ramp pavement transition point of highway
interchanges.
Sec. 126-117. Planned Office Park, POP.
(a) [hitent.] The [interup rpose of this zone is to provide adequate space for [Offiees
,7,.yelo ......,.,..t] permitted uses in a park setting, designed [mer] to attract
tenants who may require access to [high-capacity] high-capacity information sharing
appurtenances, transmitting[, nd] & receiving facilities and sufficient utilities.
Furthermore, the zone is intended:
(1) To provide sufficient space in appropriate locations for attractive, landscaped
offices,, andr.l
(2) To insure compatibility of uses and operations within the Planned Office Park
[Pisb4etI Zone.
(b) 1. Principal permitted uses.
(14 a. Offices for business, professional, governmental, political7 and charitable
organizations.
(2) b. Banks, credit agencies, security and commodity brokers, credit institutions,
savings and loan companies, and holding and investment companies.
(3) c. Computer and data processing centers.
(4) d. Telephone exchanges.
(5) e. Radio and television studios.
(§) f. Cable television signal distribution centers and studios.
(7) g. Ticket and travel agencies.
(8) h. Kindergarten, nurseries and [daycare] daycare facilities.
(9) i. Business colleges, technical and trade schools, educational institutions.
Hospitals.
(} k. Parks (public and private).
424 1. Research, testing and development laboratories or centers.
(l-3) m. Production facilities (high degree of scientific input, tech).
Educational, scientific and research organizations.
(1-5) o. Library.
(W p. Nursing [Herne] homes.
(17) q. Special event short-term rentals.
(18) L. Any other similar use which, in the Planning Commissions opinion, would not
impair the character of the POP Zone.
(c) 2. Accessory uses. Accessory uses are those permitted uses that are clearly incidental and
subordinate to the permitted use.
(L) a. [O€€iees] Spaces for the limited display of merchandise.
(2) b. Personal service centers, including food service, only for employees,
residents, or visitors to any permitted use and having no direct access to the
exterior and having no display space, drive-through areas, or any signs visible
from the outside.
(3) c. Residential dwellings.
(d) 3. Conditionally permitted uses. [The felleiving list of uses are speeial eXeeptiens that will
net impaif the ehafacte- of the a' .] As determined by the Board of Adjustment,
these uses cannot emit onto adjacent properties an objectionable amount of hazardous
and/or obnoxious emissions. These [rnigl#] may be, but [w44] not be limited to[;]t
smoke, odor, noise, glare, vibrations, etc. ti4e .rittcn appreval of
the -
Board of Adjustment.
(1}a. Facilities in connection with bona fide agricultural operations.
(24 b. Clubs ([ ] public and private).
(-3) c Satellite dish antennas.
(4) d. Airports and heliports.
e. Hotels/motels or lodges with facilities specifically intended to serve
the needs of the park tenants.
f. Drive-through facilities for the sale of goods or services otherwise
permitted.
(3) g, Light manufacturing and assembly operations.
(6) h. Warehousing operation.
(74 i. Sit-down restaurants (drive through not permitted).
(-&) i. Short-term rentals.
-(e) 4. Minimum [let and] requirements.
(4) A. [T iaimu+n area: One (1) aere.] Front yard: Fifty (50) feet.
(2)b. [ .] Side yard: Thirty
30 feet.
c. Street side yard: Fifty (50) feet.
d. Rear yard: Fifty (50) feet
e. Maximum coverage: Fifty (50) percent (building only, surface parking excluded).
(€) 5. Minimum[ yar4l area requirements
(17) a. [Brunt: Fifty (50) Minimum lot area: One (1) acre.
P b [Side: Thirty (nm f.. t ] Minimum lot width: One hundred (100)feet.
(4) Rear. Fi" (50feet
(5) Maximum eover-age! Fifty (50) pereent (building efd)- surfaee parking exepaded).
(6) 6. Maximum building height[-], Five (5) stories, except that minimum yard standards
are increased by five (5) feet for each story over three (3) stories or thirty-five (35)
feet.
(g) 7. Open space. At least twenty-five (25) percent of contiguous Planned Office Park zoned
areas must be allotted to open space.
[Parking 'requiremeWq.Seeespci4on426 71
0)8. Landscaping.
(4) a. Generally. A minimum of ten (10) percent of the entire lot shall be devoted to
landscaping. Up to fifty (50) percent of this requirement may be credited toward
preservation of substantial naturally occurring trees, shrubbery, wildflowers,
water courses and; rock formations. Areas of preservation should be inventoried
and indicated on site plans.
(-2) b. Parking lot landscaping requirements. For each one -hundred (100) square feet or
fraction thereof of vehicular use area, a minimum of five (5) square feet of
landscaped area shall be provided; this may be included inside of islands,
peninsulas; and other geometric devices used to encourage vehicle circulation.
(3) c. Screening. [in addition t....,.1.seetien m n) of this section . g] Screening
per section [126 72 (1)] 126-83 shall be provided in the rear yards of those lots;
which abut adjacent properties outside the POP [zone] Zone.
(k) 9. [Afinimum area] Amendments. Amendments to the zone map for POP [dist-ricts] Zones
shall be:
04 a. Freestanding zones: Forty (40) acres.
Pb. Expansion of existing: No minimum.
Sec. 126-118. Mixed Use [Dist ie4] Zone, MU.
(a) [144ten- t.] The purpose of this zone [MT T Mixed Use Dist iet] is [ftiteaded] to accommodate
projects which combine general compatible land uses into an integrated development.
[The D, d dismet] This zone may [also] be used to designate parts of the City which are
appropriate for a mixture of residential, commercial, office and accessory parking uses.
[Th NIU district all....,.. fOr- MbEiRgresidential a ,...t.. ..,;tl. . OF --Places and
seFyiees.] Development in the MU [4istr4et] Zone must accommodate transportation
systems, surrounding environments and pedestrian movement. For these reasons,
projects constructed in [ -n MU district] this zone are subject to Planning Commission
approval.
(b) 1. [tea] Principal permitted uses. Any use permitted in the B-3 or A-1 Zones except
automobile sales, service or rental including, but not limited to; gasoline stations and
vehicle washing establishments. Commercial parking lots and parking garages are also
not permitted in this zone.
(e) 2. Site development regulations.
(44 a. The minimum area of any new MU [distitI Zone shall be three (3) acres. There
shall be no minimum area of expansions of existing MU Zones
(2-) b. All projects in the MU [district] Zone shall receive approval by the Planning
Commission, following the development plan procedure set forth in section 126-176. Such
approval shall be granted for a comprehensive development plan instead of for individual
structures, provided that any subsequent structures or developments are consistent with
such development plan.
(-3) L. Application for approval must include at least the following information:
a: 1. A detailed site map, including:
-: a. A boundary survey.
2: b. Site dimensions.
3: c. Contour lines at not greater than five (5) foot intervals.
4 d. Adjacent public rights-of-way, public transportation routes7 and
pedestrian systems.
e. Description of adjacent land uses.
f. Utility service to the site and easements through the site.
Z. Description of other site features, including drainage, soils and
other considerations that may affect the development of the site.
49.-2. A development plan as per section 126-176.
e. 3. Specific proposed site development regulations for the project, including:
a. Maximum floor area ratios.
b. Front, side and rear yard setbacks.
3: c. Maximum height.
4 d. Maximum building and impervious coverage.
5: e. Design standards applicable to the project.
Sec. 126-119. Hospital Medical Zone, HM.
The Jh4et41 up rpose of this zone is to provide a more flexible and customized approach for the
development, parking and circulation needs of medical centers and complexes. Uses not
specifically allowed by [the] this section are excluded, except as provided [in subseetio ^" (eyef
this seetion] herein.
(1) Principal permitted uses. All uses are to be conducted wholly within a building except for
off-street loading/unloading and surface parking.
a. General medical hospitals with in-patient and out-patient services.
b. Offices and clinics of heath care practitioners including physicians, surgeons,
osteopaths, psychologists, psychiatrists, chiropractors, nurses, rehabilitation
therapists (physical, occupational, respiratory[-axd] & recreational), medical
[and] & psychiatric social workers, dentists, nutritionists, dietitians, opticians,
optometrists, and other similar medical uses licensed and certified by the State of
Kentucky as health care specialists or practitioners.
C. Medical technology and testing laboratories.
d. Medical and dental related health care educational facilities and schools.
e. [ 'Ind othe ] Other closely related uses, as approved by the Planning Commission
following a public hearing. Inclusion of such uses may be included in an approved
development plan.
(2) Accessory uses. Accessory uses are those permitted uses that are allowed only when they
are clearly incidental, subordinate-, and in the presence of the permitted uses in the HM
Zone. [Whit,. ,...,.a:en 126 2 requ4es aeeessory building uses to be o a lot with a prineipal
userfor the purpose of this section,
the following aeeessei=Y uses maybe on a separate let.]
They may be included in the principal building, of an accessory building or on a separate
lot. All uses are to be conducted wholly within a building except for off-street
loading/unloading and surface parking.
a. Administrative offices (hospital/medical).
b. Ambulance service.
c. Chapels.
d. Daycare (nursery, child, pre-school, and adult).
e. Food service.
f. [Q ts] Gift and flower shops.
g. Heliports.
h. Hospice.
i. Linen/laundry service.
j. Lodging, visitor.
k. Medical insurance service.
1. Medical, dental and other health care professional organization offices.
m. Mobile diagnostic and treatment trailers.
n. Nursing, transitional care; and assisted care homes.
o. Parking garages.
p. Pharmacies with retail sales of general merchandise.
q. Retail sales of medical and dental supplies and services including prosthetics, optical,
and other similar medical and/or dental goods and services.
[r. Sign_ off
s. Signs, pr-emisej
ti r. Temporary buildings.
u: s. Uniform shops.
t. Short-term rentals includes special event short-term rentals)_
(4) (3) [4!ar4] Minimum ard requirements.
a. [Front yar-dj— Front yard: Fifty (50) feet, seventy-five (75) feet on arterials.
b. [fid]— Side yard: Twenty-five (25) feet.
C. [Rearyarc4]- Rear yard: Twenty-five (25) feet.
(4) Minimum area requirements.
a. Minimum lot area: Five thousand (5,000) square feet
b. Minimum lot width: Fifty 50 feet.
(5) Landscape requirements. Ten (10) percent of the entire site shall be landscaped. Detailed
landscape plans shall be submitted with a development plan.
[(6) Parking. Par -king shall be per- seetion 426 71. Calculation of required nu+nbefs shall be43-y
rumulatively adding ther-eqttired spaees by use Alternat}s efy�sa�p e ed
development nl h H t:^ ra „ 7 7 t t
r r rrJ
submission f a r fess'^, all J prepared par -king study.]
(76) Density. The [r''^^- to ^-^a natio] floor area ratio (FAR) shall not exceed two (2:[8]): one
W
Sec. 126-120. Neighborhood Services Zone, NSZ
The purpose of this [district] zone is to provide for residential uses and encourage such
development by right, according to standards that will ensure harmony with the existing historic -/
residential environment. [Aaa:.;^ n:};^�
FRmmPra 1fi ity that7 1J Fefleet& hee
r ]
J
(1) Principal permitted uses.
a. Single-family dwellings.
1. Minimum lot area: Eight thousand (8,000) square feet
2. Minimum lot width: Fifty (50) feet.
b. [Twe (2) family] Two-family dwelling7s [^^a a' „^ ^ w h 4qe m6wp fha"
Ave (2) attaehed units per teivF�heuse.
1. Minimum lot area: Four thousand (4,000) square feet per unit.
2. Minimum lot width: [ri.irt. (30feet pe- unit] Fifty (50) feet (per
structure).
C. Park, playground or community center owned and operated by a
governmental agency.
d. Special event short-term rentals.
2) [Een4itien4] Conditionally permitted uses. The following uses are special exceptions and
shall require written approval from the [13eard of Adjustment] Historical and
Architectural Review Commission:
a. [#FttltifarHy] Multi -family dwellings.
1. Minimum lot area [per—unit]: Three [(3` of more urit^ thfeel thousand
(3,000) square feetep r unit.
2. Minimum lot width: Seventy five (7-5) ^t] SixV (60) feet.
b. Home occupations.
C. Professional offices.
d. [Bay eme] Daycare nurseries.
e. Beauty shops and barbershops.
€ [,:1,._is]
g. f. Places of worship.
g. Short-term rentals.
h. 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 if the products
are sold at retail on the premises);
2. Personal and convenience service establishments;
3. Restaurants (excluding drive-thru);
4. Any other use not listed which, in the [Cemmissierrs] HARC's opinion,
would be compatible with the above uses.
[Pkig kt—regulatienS The fall,...,ing height regulations shall ..ply te
buil,]i,.,,.,. and „t.,,,,t.,,.,.,. , Atkin tl.,. Nei,..l,l...,.1.eed C,....,;ces 7,.,.,..
...[E�1.
.. .. .. .. Y. _ .. .. .. .. .. .. .. ..
r
4. Sethaek^.] 3) Minimum yard requirements.
a. Front yard: Twenty-five (25) feet.
b. Side yard: Six (6) feet.
C. Rear yard: Twenty-five (25) feet.
4) Minimum area requirements for non-residential structures:
a. Minimum lot area: Eight thousand (8,000) square feet.
b. Minimum lot width: Fifty (50) feet.
5) Maximum building height. Thirty-six (36) feet, however, additional feet may be allowed with
design approval from the HARC based on the scale of adjacent structures.
54 6) Additional regulations:
a. Off-street loading areas may not face any public right-of-way.
b. No loading or unloading shall be allowed between 9:00 p.m. and 7:00 a.m.
C. Parking [ ] as shall be ver section 126-102 (2) ([f] e).
d. The Historical and Architectural Review Commission (HARC) shall have sole
jurisdiction as a special board of adjustment over the [Neig be -weed Servicers
Zeae] NSZ pursuant to KRS 82.026 and 100.217.
e-. [Aeeessefy stfuetuf es. Same as seetion 126 86.]
6-.71 Plan approval required for new[Finfffl] construction and for changes in exterior appearance. In
order to maintain the existing character of the neighborhood,- plans for architectural design, site
layout[,] or changes in style of architectural elements must be approved by the Historical and
Architectural Review Commission (HARC). The HARC may require changes to the plan as
deemed necessary or desirable to ensure proper design standards, to minimize traffic difficulties,
to safeguard adjacent properties; and to preserve the intent of the [^,cighbor-heE)4 jeraieesze,e]
NSZ.
a. Certificate of Zoning Compliance required.
1. No person shall, without first applying for and obtaining a special
conditional use permit, to be known as a Certificate of Zoning
Compliance, make any changes in exterior appearance to any exterior
portion of any structures in the fheed Serwiee&7ZeRel NSZ. A
Certificate of Zoning Compliance must be issued by the Planning
Department before a building permit can be obtained.
2. Infill/new construction and additions to existing structures. All new
construction and additions to existing structures must first be issued a
Certificate of Zoning Compliance before any construction begins.
3. Existing structures.
L Changes to the design or style of any exterior feature on an existing
structure requires a Certificate of Zoning Compliance.
ii. Administrative approvals. In the following instances, Certificates of
Zoning Compliance can be issued by the Zoning Administrator.
A. In instances where the design or style of any exterior feature is
replicated and replaced with a new material, the Zoning
Administrator has the authority to administratively approve the
application for a Certificate of Zoning Compliance. The proposed
materials must comply with the approved building materials list
found in the design guidelines.
B. New accessory structures that use the same building materials and an
appropriately sized and style of windows and doors that complement
the existing primary structure can be administratively approved.
Features considered include structure orientation, openings, roof
pitch, siding; and color scheme.
C. [gees] Cutting or removal of trees that are more than one (1) foot in
diameter measured at one (1) foot off of the ground require a
Certificate of Zoning Compliance. Removal of trees can be approved
administratively.
D. [Repaxa#iRg:] Changing the color of a surface that has already been
painted can be approved administratively.
E. [Fenees:] Fences that are determined to comply with the advisory
design guidelines can be approved administratively.
F. [Demolitions.] Any proposed demolition of a principal structure
requires a Certificate of Zoning Compliance prior to obtaining a
demolition permit. Demolitions outside of the [a,.4:.R4ifi .,. ,.,.,.t,.,.'
Bene] Demolition Control Zone can be approved administratively.
b. Applications for a Certificate of Zoning Compliance.
1. Applications for a [eer-lific c_L ZRR—ina eempllianee] Certificate of
Zoning Compliance are submitted to the Planning Department.
2. A public hearing is required on all applications except for
administrative approvals as outlined in this section.
3. Grounds for granting a [^e -,:a, at„ of zoning ^^^phase^] Certificate of
Zoning Compliance. The HARC must make written findings of fact as
follows:
i. The proposed exterior changes comply with the intent of the
Neighborhood Services Zone.
ii. The proposed exterior changes are in harmony with the adopted
design guidelines.
iii. The HARC shall adopt design guidelines for the [Neighbor -heed
Sees we=e] NSZ to act as a guide for board decisions on plan
approvals and changes to the exterior appearance of existing
structures. The document shall be made available to the public to
aid in the design approval process.
iv. Maintenance and safety standards.
A. All buildings within this zone shall be maintained to meet
the requirements of the building code and property
maintenance codes of the City fincluding the enhanced
property maintena4ieestaiqdar-ds.
B. - __-- -- -___-, standards.] Nothing in this section
shall be construed to prevent the City Building [lnspeeter]
Officials from enforcing all State statutes and provisions of
this [Fede] code and any other ordinances of the City
pertaining to the public safety.
V. Appeals. Any person aggrieved by any action of the Zoning
Administrator may appeal their decision to the HARC [Board
pursuant to KRS 100.257. Any person aggrieved by any action of
the HARC may appeal the decision [theree to the Circuit Court
in the manner prescribed for appeals from actions of boards of
adjustment.
Sec. 126-121. Neighborhood Commercial Corridor Zone, NCCZ
The purpose of this [distriet] zone is to provide for a mixture of commercial and residential uses,
and encourage such development by right, according to standards that will ensure harmony with
the existing commercial and residential environment. Objectives of this [distriet] zone include
the following:
(l) Creation of a dynamic street life, encouraging the placement of buildings close to property
lines, and/or heavily landscaped yard areas, in order to engage pedestrians and de-emphasize
parking facilities; and
(2) Facilitation of development that demonstrates an appropriateness of scale; and
(4) Encouragement of landscaped spaces available for pedestrian use (e.g., pocket parks, tree
lined streets and walkways).
a: (1) Principal permitted uses. The following uses may not exceed four thousand (4,000)
square feet of gross floor area. This [area] requirement may be waived based on a design
concept approved by the Planning Commission that will not have an adverse impact on
the neighborhood.
4- a. Any principal use permitted in [an]the R-4 [sone] Zone.
2-. [Be,7 Pte]
3, b. Home occupations.
4 c. Funeral homes.
5, d. Commercial greenhouses.
6, e. Beauty shops and barbershops.
[Plerist-sl3eps]
f. Restaurant (excluding drive-thru).
g, Assembly [building] buildings of cultural, fraternal, professional and labor
organizations.
4& h. The following uses, provided they are conducted wholly within a building
except for off-street loading and unloading[i]. This section may be waived by the
Planning Commission at a public hearing based on the effect of the proposed use
to the neighborhood.
b L Retail establishments (product processing is allowed only if the
products are sold at retail on the premises);
ii-. 2. Personal and convenience service establishments;
b, Q Plan approval:
[Gleaners] 3. Dry-cleaning establishments.
4: a. New infill commercial construction. Plans for site layout
shall be approved by the Planning Commission[, and it
] and changes may be required as
[maybe] deemed necessary or desirable to insure proper
design standards, to minimize traffic difficulties, to
safeguard adjacent properties and to preserve the intent of
the [neighbor -heed , ear-r-idev] NCCZ.
b. Residential conversion. The Zoning Administrator and City Engineer, in
compliance with the intent of this [ar- iele] section, shall approve plans for site
layout.
c. Infill Residential. The [Building specter] Chief Building Official, in
compliance with the intent of this [article] section, shall approve plans for
architectural design and site layout.
F 3. Building materials: The following approved materials list shall apply to all new
construction projects or rehabilitation/renovations within the NCCZ.
4: a. Exterior siding and details. Wood, cement fiberboard, traditional brick veneer with
true mortar joints, appropriate stone (no concrete block), smooth -faced vinyl, traditional
stucco (no EIFS), or aluminum.
I b. Roofs. Slate, composite shingles or standing -seam metal.
X c. Soffits, fascia and trim. Wood, cement fiberboard [(.._a: pl .rd ; must be
smooth faeed) , high-density polymer (permacast, fypon or other similar brand), -
smooth faced vinyl, traditional stucco (no EIFS) or aluminum [siding].
4, d. Windows. [may be const ttete4 of weed, weed ] Wood, wood -clad, vfnyl
or fiberglass.
5, e. Doors. Wood, fiberglass or steel [deers].
6, f. Foundations. Traditional brick veneer, lap siding, appropriate stone (no
concrete block)[,] or traditional stucco veneer.
7. [Building
] g. Any building facade facing public
way (excluding alleys) shall change at least every thirty (30) feet in height, setback
or material.
d: 4. [r'—nr6n'&—;de4#ial ^'^^^' ir-e sethark^] Minimum yard requirements.
4: a. Primary street frontage: no minimum required; ten (10) feet maximum. Setbacks for
new residential structures must be aligned with adjacent structures.
2, b. Secondary street frontage[;]_ no minimum required, ten (10) feet maximum.
3-. c. Side yard: Six (6) feet.
4. d. Rear yard: None.
Minimum area requirements.
a. Minimum lot area:
1. Single-family dwellings: Eight thousand (8,000) square feet.
2. Two-familv dwellin£S: Four thousand (4,000) souare feet ver unit
3. Multi-familv dwellings: Three thousand (3.000) square feet tier unit.
4. Non-residential structures: Five thousand (5.000) square feet
b. Minimum lot width: Fifty (50) feet.
6. Maximum building height. Two and one-half (2.5) stories, however: additional stories may be
permitted with design approval from the Planning Commission.
fl 7. Parking regulations. [Parking shall be in compliance sit'; e^^ti^n] See section 126-71.
All off-street parking shall be placed to the rear of the principal structure.
g 8. Square footage bonuses. Following below is a list of bonuses that may be granted in
return for certain amenities. The bonuses may be applied to increase the square footage
of a permitted use.
4 a. For every one (1) square foot of landscaping above those required in Section
126-83, an additional [T-• ent- five hundredths Twenty-five hundredths (0.25)
square feet of building floor area shall be granted.
26 b. For every one (1) square foot of space used for a courtyard or plaza, an
additional one (1) square [feet] foot of building floor area shall be granted.
1-, 9. Additional regulations. Off-street loading areas may not face any public right-of-way,
excluding alleys.
SECTION 2. Severability. If any section, paragraph or provision of this Ordinance shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this
Ordinance.
SECTION 3. Compliance with Open Meetings Laws. The City Commission hereby finds
and determines that all formal actions relative to the adoption of this Ordinance were taken in an
open meeting of this City Commission, and that all deliberations of this City Commission and of
its committees, if any, which resulted in formal action, were in meetings open to the public, in full
compliance with applicable legal requirements.
SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict
with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the
provisions of this Ordinance shall prevail and be given effect.
SECTION 5. Effective Date. This Ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
Bray, Mayor
ATT_ EST:
Li�rdsay Parish, Ci Clerk
Introduced by the Board of Commissioners, July 27, 2021
Adopted by the Board of Commissioners, August 10, 2021
Recorded by the City Clerk, August 10, 2021
Published by The Paducah Sun, August 13, 2021
ord\126 Zoning Text Amendment — New Land Uses