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Home My WebLink AboutCCMPacket2021-07-27CITY COMMISSION MEETING AGENDA FOR JULY 27, 2021 5:00 PM CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS CITY MANAGER JAMES ARNDT RECOGNITION Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. CONSENT AGENDA A.Approve Minutes for June 17, June 18 and July 13, 2021 B.Receive & File Documents C.Personnel Actions D.Mutual Aid Agreement for Water Rescue with the City of Metropolis - S KYLE II. ORDINANCE(S) - ADOPTION A. Amend Section 78-31 of the Paducah Code of Ordinances to Designate Juneteenth National Independence Day as a Holiday for City Employees - M SMOLEN B. Change Order for Pump Station #2 Construction Contract with Pace Contracting, LLC in the amount of $121,733.29. - R MURPHY C. Approval of Contract for Floodwall Seal Closures Project with Jim Smith Contracting, LLC in the amount of $577,763.16 - R MURPHY D. Approval of Contract for Floodwall Flapgate Replacement Project with Jim Smith Contracting, LLC in the amount of $ 2,152,000.00- R MURPHY III. ORDINANCE(S) - INTRODUCTION A.Approve a Zoning Text Amendment for New Land Uses - J SOMMER B.Approve a Text Amendment for Mobile Food Vehicles/ Food Tents - J SOMMER C.Amend Chapter 46 of the Paducah Code of Ordinances to Create a Mobile Food Vehicle Fire Inspection Fee - S KYLE D.Approve Remote Workers Incentive Program - K BYERS IV. DISCUSSION A.Commission Priorities Update - M SMOLEN B.911 & Sports Complex Update - MAYOR BRAY C.Robert Cherry Civic Center Discussion - J ARNDT V. COMMENTS A.Comments from the City Manager B.Comments from the Board of Commissioners C.Comments from the Audience VI. EXECUTIVE SESSION June 17, 2021 At a Called Meeting of the Paducah Board of Commissioners held on Thursday, June 17, 2021, at 2:45 p.m., in the River Room of the Holiday Inn Paducah Riverfront located at 600 North 4th Street, Mayor Bray presided. Upon call of the roll by the City Clerk, the following answered to their names: Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). EXECUTIVE SESSION Commissioner Gault offered motion, seconded by Commissioner Guess, that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topic: Issues which might lead to the appointment, dismissal or disciplining of an employee, as permitted by KRS 61.810(1)(f) Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) RECONVENE IN OPEN SESSION Commissioner Wilson offered motion, seconded by Commissioner Henderson, that the Paducah Board of Commissioners reconvene in open session. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) ADJOURN Commissioner Wilson offered motion, seconded by Commissioner Gault, to adjourn the meeting of the Paducah Board of Commissioners. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) Meeting ended at approximately 6:20 p.m. ADOPTED: July 27, 2021 ______________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk June 18, 2021 At a Called Meeting of the Paducah Board of Commissioners held on Thursday, June 18, 2021, at 2:45 p.m., in the River Room of the Holiday Inn Paducah Riverfront located at 600 North 4th Street, Mayor Bray presided. Upon call of the roll by the City Clerk, the following answered to their names: Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). EXECUTIVE SESSION Commissioner Gault offered motion, seconded by Commissioner Guess, that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topic: Issues which might lead to the appointment, dismissal or disciplining of an employee, as permitted by KRS 61.810(1)(f) Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) RECONVENE IN OPEN SESSION Commissioner Gault offered motion, seconded by Commissioner Guess, that the Paducah Board of Commissioners reconvene in open session. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) ADJOURN Commissioner Wilson offered motion, seconded by Commissioner Henderson, to adjourn the meeting of the Paducah Board of Commissioners. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) Meeting ended at approximately 7:18 p.m. ADOPTED: July 27, 2021 ______________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk July 13, 2021 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, July 13, 2021, at 5:00 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Bray presided. Upon call of the roll by the City Clerk, the following answered to their names: Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). INVOCATION: Commissioner Gault led the invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. MAYOR’S REMARKS  The Mayor, Bruce Wilcox, Kathryn Byers participated in a tour of the TransMontaigne facility and learned about their process.  The County and the City are working on wording for the Memorandums of Understanding for 911 and the Sports Complex.  Mayor Bray appreciates the input and ideas that he receives from the public. CONSENT AGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate consideration. No items were removed. Mayor Bray asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for June 22, 24 and 25, 2021, Paducah Board of Commissioners Meetings I(B) Receive and File Documents: Minute File: 1. Notice of Called Meeting of the Board of Commissioners - June 17, 2021 2. Notice of Called Meeting of the Board of Commissioners - June 18, 2021 3. Notice of Called Joint meeting of the Board of Commissioners and the McCracken County Fiscal Court – June 24, 2021 4. Notice of Called Meeting of the Board of Commissioners – June 25, 2021 5. Letter from Paducah Power System dated June 17, 2021 – with enclosure regarding July 2021 Paducah Power System Electric Rates Deed File: 1. Deed of Conveyance – Computer Services, Inc. to City of Paducah – MO #2409 2. Commissioner’s Deed – 1024 South 5th Street Contract File: 1. Contract with Peck Flannery Gream Warren Inc. (PFGW), for Robert Cherry Civic Center Feasibility Study from PFGW Architects dated July 1, 2021 (CM Signed) July 13, 2021 2. Contract For Services – between Paducah Parks and Recreation and Atlas Cube – portable restrooms and hand washing stations with Certificate of Liability Insurance (CM Signed) 3. June 23, 2021 – Letter of Commitment for City Block Facilities – Weyland Ventures – ORD 2020-08-8650 4. Entertainment Destination Center Agreement with Big Blue Bar2, Inc. – ORD 2021-04-8685 5. Second Amendment to Lease Agreement between the City of Paducah and Cremation Society of Paducah, LLC – ORD 2021-06-8690 6. Contract Between The Kentucky Department For Libraries and Archives and Paducah Police Department – MO #2437 Financials File: 1. Paducah Water Works – Month ended May 31, 2021 2. Transit Authority of the City of Paducah – Financial Statement – year ended 6/30/2021 Bids File: 1. Bids for PPD Scanning Project (MO #2437) a. DRMS * (Chosen Bid) b. US Imaging, Inc. c. Doc Scan d. Info+ I(C) Reappointment of Chris Dye and Jonathan Perkins to the Tree Advisory Board. Said terms shall expire July 26, 2025. I(D) Personnel Actions I(E) A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF A SECURITY CAMERA NETWORK AND VIDEO MANAGEMENT SYSTEM FOR USE BY BARKLEY REGIONAL AIRPORT FROM DALLMANN SYSTEMS, INC., IN THE AMOUNT OF $70,114.71 AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME (MO #2471; BK 12) I(F) A MUNICIPAL ORDER APPROVING THE EXECUTION OF A GRANT APPLICATION TO OBTAIN A 2021 EDWARD BYRNE MEMORIAL JUSTICE ACCOUNTABILITY GRANT, THROUGH THE U.S. DEPARTMENT OF JUSTICE, IN THE AMOUNT OF $12,325, TO BE USED BY THE PADUCAH POLICE DEPARTMENT FOR THE PURCHASE OF A RADAR TRAILER MESSAGE BOARD (MO #2472; BK 12) I(G) A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE, MOTORIZED EQUIPMENT, AND EMERGENCY APPARATUS SERVICE AGREEMENT WITH PADUCAH-McCRACKEN COUNTY JOINT SEWER AGENCY TO PROVIDE FLEET MAINTENANCE SERVICES AT HOURLY RATES (MO #2473; BK 12) I(H) A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE, MOTORIZED EQUIPMENT AND EMERGENCY APPARATUS SERVICE AGREEMENT WITH KEVIL CITY FIRE DEPARTMENT TO PROVIDE FLEET MAINTENANCE SERVICES AT HOURLY RATES AND AUTHORIZING THE MAYOR TO EXECUTE SAME (MO #2474; BK 12) I(I) A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE, MOTORIZED EQUIPMENT AND EMERGENCY APPARATUS SERVICE AGREEMENT WITH KEVIL July 13, 2021 RURAL FIRE DEPARTMENT TO PROVIDE FLEET MAINTENANCE SERVICES AT HOURLY RATES AND AUTHORIZING THE MAYOR TO EXECUTE SAME (MO #2475; BK 12) I(J) A MUNICIPAL ORDER ACCEPTING THE BID OF ARAMARK UNIFORM SERVICE FOR UNIFORM SERVICES FOR THE PUBLIC WORKS DEPARTMENT, ENGINEERING DEPARTMENT AND THE PARKS DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (MO #2476; BK 12) I(K) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DECLARATION OF TRUST AND TRUST PARTICIPATION AGREEMENT WITH THE KENTUCKY LEAGUE OF CITIES INSURANCE SERVICES FOR THE WORKERS COMPENSATION TRUST (MO #2477; BK 12) I(L) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DECLARATION OF TRUST AND TRUST PARTICIPATION AGREEMENT WITH THE KENTUCKY LEAGUE OF CITIES INSURANCE SERVICES FOR THE GENERAL INSURANCE TRUST (MO #2478; BK 12) Commissioner Gault offered motion, seconded by Commissioner Guess, that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). MUNICIPAL ORDERS TRANSFER OF 2011 GUTHRIE AVENUE Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 2011 GUTHRIE AVENUE, PADUCAH, KENTUCKY TO BE SURPLUS PROPERTY, TRANSFERRING THE PROPERTY TO HABITAT FOR HUMANITY FOR ECONOMIC DEVELOPMENT PURPOSES, AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME.” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2479; BK 12) TRANSFER OF 513 NORTH 14TH STREET Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 513 NORTH 14TH STREET PADUCAH, KENTUCKY TO BE SURPLUS PROPERTY, TRANSFERRING THE PROPERTY WITHOUT COMPENSATION TO MIDTOWN ALLIANCE OF NEIGHBORS FOR ECONOMIC DEVELOPMENT PURPOSES, AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME.” July 13, 2021 Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2480; BK 12) ALLOCATION OF AMERICAN RESCUE PLAN ACT FUNDS Commissioner Wilson offered motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt a Municipal Ordered entitled, “A MUNICIPAL ORDER FORMALIZING THE PADUCAH CITY COMMISSION’S INTENTION TO ALLOCATE $4,000,000 OF THE AMERICAN RESCUE PLAN ACT FUNDS TOWARD STORMWATER CAPITAL IMPROVEMENT PROJECTS IN THE CITY OF PADUCAH” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2481; BK 12) ACQUISITION OF PERMANENT PUBLIC UTILITY AND DRAINAGE EASEMENTS – 701 & 702 OAKCREST DRIVE FOR THE BUCKNER LANE BRIDGE REPLACEMENT PROJECT Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS NECESSARY TO ACQUIRE A PORTION OF REAL PROPERTY LOCATED AT 701 AND 702 OAKCREST DRIVE AS PUBLIC UTILITY AND DRAINAGE EASEMENTS AS REQUIRED FOR THE BUCKNER LANE BRIDGE REPLACEMENT PROJECT” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2482; BK 12) PURCHASE OF PROPERTY AT 2416, 2420 & 2540 BARNETT STREET AND 2364 SOUTH 24TH STREET Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS NECESSARY TO ACQUIRE REAL PROPERTY LOCATED AT 2416, 2420 AND 2540 BARNETT STREET AND 2364 SOUTH 24TH STREET IN THE AMOUNT OF $34,500, TO CREATE AN OVERFLOW STORM WATER DETENTION AREA ALONG CROSS CREEK” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2483; BK 12) ACCEPT PROPOSED PREMIUMS FROM THE KENTUCKY LEAGUE OF CITIES FOR WORKERS’ COMPENSATION, LIABILITY INSURANCE AND PROPERTY INSURANCE COVERAGE IN A TOTAL AMOUNT OF $1,188,408.13 Commissioner Henderson offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING THE FINANCE DIRECTOR TO PAY KENTUCKY LEAGUE OF CITIES FOR WORKERS’ July 13, 2021 COMPENSATION, LIABILITY INSURANCE, AND PROPERTY INSURANCE COVERAGE IN A TOTAL AMOUNT OF $1,188,408.13 FOR THE CITY OF PADUCAH AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2484; BK 12) AUTHORIZATION FOR MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT WITH DARON JORDAN FOR THE CITY MANAGER POSITION Commissioner Wilson offered Motion, seconded by Commissioner Henderson that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PADUCAH AND DARON JORDAN FOR EMPLOYMENT AS CITY MANAGER, AND AUTHORIZING THE MAYOR TO EXECUTE SAME” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2485; BK 12) APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH ARNDT MUNICIPAL SUPPORT IN AN AMOUNT OF $7,844, PLUS ACTUAL EXPENSES Commissioner Gault offered Motion, seconded by Commissioner Guess, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND ARNDT MUNICIPAL SUPPORT FOR EXECUTIVE LEVEL MANAGEMENT CONSULTING SERVICES IN AN AMOUNT OF $7,844.00 PLUS ACTUAL OUT-OF-POCKET EXPENSES, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (MO #2486; BK 12) ORDINANCE INTRODUCTION AMEND SECTION 78-31 OF THE PADUCAH CODE OF ORDINANCES TO DESIGNATE JUNETEENTH NATIONAL INDEPENDENCE DAY AS A HOLIDA FOR CITY EMPLOYEES Commissioner Henderson offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH.” This Ordinance is summarized as follows: This ordinance amends Section 78-31 of the Code of Ordinances of the City of Paducah, to include Juneteenth as a designated holiday for City employees, effective January 1, 2022. July 13, 2021 CHANGE ORDER FOR PUP STATION #2 CONSTRUCTION CONTRACT WITH PACE CONTRACTING, LLC IN THE AMOUNT OF $121,733.29 Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 WITH PACE CONTRACTING LLC. TO INCREASE THE CONTRACT BY $121,733.29 FOR THE PUMP STATION #2 REHABILITATION PROJECT.” This Ordinance is summarized as follows: On August 25, 2020, the City approved Ordinance 2020-08-8652, authorizing a professional services contract with Pace Contracting, LLC for a construction contract in the amount of $4,500,000 for the Pump Station #2 Rehabilitation Project. Change Order No. 1 to the contract with Pace Contracting, LLC is now required due to missing components, damaged materials, fabrication of Motor #5 adjustment nut, and emergency repairs of the 48” discharge pipe. This ordinance approves Change Order No. 1 for an increase in the amount of $121,733.29 adjusting the total construction project from $4,500,000 to $4,621,733.29. APPROVAL OF CONTRACT FOR FLOODWALL SEAL CLOSURES PROJECT WITH JIM SMITH CONTRACTING LLC IN THE AMOUNT OF $577,763.16 Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JIM SMITH CONTRACTING, LLC., IN THE AMOUNT OF $577,763.16 FOR THE FLOODWALL SEAL CLOSURES PROJECT” This Ordinance is summarized as follows: this Ordinance authorizes the Mayor to execute the Professional Services Agreement with Jim Smith Contracting LLC, on behalf of the City of Paducah, to provide professional services for the Floodwall Seal Closure Project in an amount of $577,763.16. APPROVAL OF CONTRACT FOR FLOOWALL FLAPGATE REPLACEMENT PROJECT WITH JIM SMITH CONTRACTING LLC IN THE AMOUNT OF $2,152,000 Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JIM SMITH CONTRACTING, LLC., IN THE AMOUNT OF $2,152,000 FOR THE FLOODWALL FLAPGATE PROJECT” This Ordinance is summarized as follows: this Ordinance authorizes the Mayor to execute the Professional Services Agreement with Jim Smith Contracting LLC, on behalf of the City for services related to the Floodwall Flapgate Replacement Project in an amount of $2,152,000. DISCUSSION Paving Update July 13, 2021 Communications Manager Pam Spencer provided the following summary: “City Engineer Rick Murphy presented the Board with two maps showcasing the paving projects from 2016 through 2020 and the proposed projects for the next three years. Streets are selected based upon their use and condition. However, circumstances such as underground utility construction may cause the City to alter plans. Each year, the City allocates approximately $1.4 million for street resurfacing and sidewalks. To see the maps and learn more about how streets are prioritized for resurfacing, visit http://paducahky.gov/streets.” COMMENTS City Manager Jim Arndt  The next Southside Rise & Shine Celebration will take place at Ella Munal Court on Sunday, July 18, at 1:00 p.m. ADJOURN Commissioner Wilson offered motion, seconded by Commissioner Henderson, to adjourn the meeting of the Paducah Board of Commissioners. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5) TIME ADJOURNED: 6:21 p.m. ADOPTED: July 27, 2021 ______________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk July 27, 2021 RECEIVE AND FILE DOCUMENTS: Contract File: 1. Contract with Dallmann Systems, Inc., for purchase of a Security Camera Network and Video Management System for Barkley Airport – MO #2471 2. Fleet Maintenance Service Agreement with Paducah McCracken County Joint Sewer Agency – MO #2473 3. Fleet Maintenance Service Agreement with Kevil City Fire Department – MO #2474 4. Fleet Maintenance Service Agreement with Kevil Rural Fire Department – MO #2475 5. Contract with Aramark for Uniform Services for use by Public Works, Engineering and Parks – MO #2476 6. Declaration of Trust and Trust Partnership Agreement – Kentucky League of Cities Workers’ Compensation Trust – MO #2477 7. Trust Participation Agreement For Kentucky League of Cities Insurance Services – General Insurance Trust – MO #2478 8. Agreement For Employment with Daron Jordan for the City Manager Position – MO #2485 9. Professional Consulting Services Agreement with Arndt Municipal Support in the amount of $7,844 – MO #2486 10. Forgivable Loan Agreement between City of Paducah and Sprocket, Inc. – ORD 2020-12-8666 Bids File: 1. Bids For Security Camera Network and Video Management System for Barkley Regional Airport (Grant Acceptance MO #2328)(Contract with Dallman Securities – MO #2471) a. Dallman Systems, Inc. (recommended for acceptance) b. ADS Security c. Forefront Solutions d. Delta Services e. Premier Fire and Security, Inc. Agenda Action Form Paducah City Commission Meeting Date: July 27, 2021 Short Title: Mutual Aid Agreement for Water Rescue with the City of Metropolis - S KYLE Category: Municipal Order Staff Work By: Steve Kyle Presentation By: Steve Kyle Background Information: The Fire Department wishes to enter in to a interlocal cooperative agreement with the City of Metropolis Fire Department for joint responses to water fire and rescue emergencies on the Ohio and Tennessee Rivers as described by the agreement. Operations on the water are very dangerous and since both communities only have 1 vessel, a joint response is being recommended to make operations on the water a more safe environment for the responders and provide for the ability to reduce risks from operating alone. The City of Metropolis has a fire/rescue boat and will make a great partner while operating on our inland waterways. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: Approve agreement with the City of Metropolis for joint response Attachments: 1.interlocal agreement – Fire and Rescue Services- Metropolis, Illinois MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT FOR FIRE AND RESCUE SERVICES BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND METROPOLIS, ILLINOIS, TO COORDINATE JOINT RESPONSES TO WATER-RELATED EMERGENCIES BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute an Interlocal Agreement for Fire and Rescue Services in substantially the form attached hereto and made part hereof (Exhibit A), between the City of Paducah, Kentucky, and Metropolis, Illinois, to coordinate joint responses to water-related incidents within certain boundaries of the Ohio River and Tennessee River as outlined in said Interlocal Agreement. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. ______________________________ George Bray, Mayor ATTEST: ______________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, _________________________ Recorded by Lindsay Parish, City Clerk, __________________________ \mo\interlocal agreement – Fire and Rescue Services- Metropolis, Illinois 244866 INTERLOCAL AGREEMENT FOR WATER RESCUE SERVICES THIS INTERLOCAL AGREEMENT made this ____day of ____2021, by and between the City of Paducah, Kentucky, ("Paducah"), and the City of Metropolis, Illinois, ("Metropolis"). WITNESSETH: WHEREAS, the City of Paducah Fire Department is the municipal fire department for the City of Paducah and regularly performs water fire prevention, extraction and rescue operations in the City of Paducah; WHEREAS, the City of Metropolis Fire Department is the municipal fire department for the City of Metropolis and regularly performs water fire prevention, extraction and rescue operations in the City of Metropolis; WHEREAS, the parties desire to coordinate joint responses by the City of Paducah Fire Department and the City of Metropolis Fire Department to water fire and rescue emergencies in Paducah and McCracken County; and NOW, THEREFORE, in consideration of the mutual covenants, conditions and agreements contained in the Agreement, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Requirements of Interlocal Agreement. This is an Interlocal Cooperative Agreement by and between Paducah and Metropolis, entered into under the authority of the Interlocal Cooperation Act, KRS 65.210 et seq. Pursuant to KRS § 65.250, the purpose of this Agreement is as set forth in Section 2, Purpose. Its duration is as set forth in Section 3, Duration. Its method of Termination is set forth in Section 4, Termination. Its manner of administration is set forth in Section 5, Administration. No party to this Agreement shall be required to pay compensation to any other party for services rendered hereunder. No property shall be acquired pursuant to this Agreement which will need to be disposed of upon a complete or partial termination of this Agreement. This Agreement shall be effective upon the later of the date above, or approval of this Agreement from the Attorney General or the Department for Local Government of the Commonwealth of Kentucky. 2. Purpose. Pursuant to the Interlocal Cooperation Act, KRS 65.210 et seq., Paducah and Metropolis hereby enter into this Agreement to provide for a joint response by the City of Paducah Fire Department and the City of Metropolis Fire Department to water fire and rescue emergencies in the City of Paducah, Kentucky and the City of Metropolis, Illinois, and the Ohio and Tennessee Rivers as delineated herein. 3. Duration. This Agreement shall remain in full force and effect for a period beginning on the effective date of this Agreement and ending on January 1, 2021. Unless notice of termination is given at least ninety (90) days before January 1 of each year, this Agreement shall automatically renew for an unlimited number of successive one (1) year renewal te rms. 4. Termination. Paducah or Metropolis may terminate this Agreement with or without cause by providing ninety (90) days advance written notice. Any notice of termination or non-renewal given by one party shall in no way affect the agreement among the remaining parties to this Agreement. 5. Administration. This Agreement shall be administered jointly by the City of Paducah Fire Chief and the City of Metropolis Fire Chief. The City of Paducah Fire Department and the Metropolis Fire Department shall each liaison with the other to: a. establish a joint action plan for each incident; b. organize and facilitate joint training of personnel for responding to water- related Incidents; c. maintain and at least annually exchange a list of certified personnel qualified to respond to water related incidents; and d. maintain and at least annually exchange a list of equipment available for response to water related incidents. 6. Joint Response Incidents. The City of Paducah Fire Department and the Metropolis Fire Department shall jointly respond to any water-related Incident within any of the following geographic areas: a. Ohio River - between Mile Marker 944 (Harrah's and Fort Massac Area) upriver to Mile Marker 939 (Livingston Point); b. Tennessee River - Mile Marker 0 (Port of Paducah) upriver to Mile Marker 5.6 (Marathon Oil Terminal). An Incident shall be any of the following: a. River-based fire; or b. Swift water or flood water rescue. 7. Unified Command. The parties shall utilize a unified command structure in any joint response under this agreement. 8. Limitations, Duties. and Level of Services a. Rendition of service, standards of performance, discipline of employees, and other matters incident to performance of services and control of personnel shall remain with each respective party. b. Disputes and disagreements as to the level of services and standards of performance required of any party shall be reported to the party's chief officer for resolution. c. The City of Paducah Fire Department shall have no obligation to provide an extra-jurisdictional response where when doing so could seriously jeopardize its emergency service status as determined by that party's chief available officer. In the event that the responding non-jurisdictional party becomes aware of an emergency within its jurisdiction, the non- jurisdictional party may, upon coordination with other responding parties, recall whatever equipment and personnel as may be needed to respond to the emergency within its jurisdiction. d. No party to this agreement shall be required to pay compensation to the any other party for services rendered under this agreement. 9. Liability-Indemnification. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and all pensions and relief, disability, worker's compensation and other benefits which apply to the activity of officers or employees of any party when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such functions and duties outside their respective jurisdictions pursuant to this Agreement. The parties hereto, their respective officers and employees, shall be deemed not to assume any liability for the acts, omissions, and negligence of any other party. Except as otherwise provided, all liability for injury to personnel, and for loss or damage of equipment shall be borne by the party employing such personnel and owning such equipment, and all parties shall carry sufficient insurance to cover all such liabilities. The cost of fuel and other expendable supplies shall be borne by the party incurring them. All compensation for personnel shall be borne by the party employing such personnel. All parties shall be held harmless against any and all third-party claims for bodily injury, sickness, disease, personal injury or death or damage to property or loss of use resulting from, arising out of this Agreement, or any, service provided by the other parties pursuant to this Agreement. All parties expressly retain all rights, benefits, and immunities of sovereign immunity in accordance with applicable law. 10. Miscellaneous Provisions. (a) This Agreement represents the entire understanding and agreement reached between the parties, and all prior covenants, agreements, presentations and understandings are merged herein. (b) This Agreement shall not be modified or altered, except by written amendment approved by all parties hereto. (c) Notices made or given by either party in connection with this Agreement must be in writing to be effective. They shall be deemed given if delivered personally (which includes notices given by messenger) or, if delivered by U.S. mail. (d) The validity of this Agreement and of any of its terms and provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the Commonwealth of Kentucky. The venue of any legal dispute shall be the courts of the Commonwealth of Kentucky. (e) Any term or provision of this Agreement, which is invalid or unenforceable by virtue of any statute, ordinance, court order, court ruling, final administrative order or otherwise, shall be ineffective to the extent of su ch invalidity or unenforceability, without rendering invalid or unenforceable the remaining terms and provisions of this Agreement. (f) Each party binds itself, its successors, assigns and legal representatives to the other parties with respect to all covenants, agreements and obligations contained in this Agreement. No party shall assign this Agreement or any rights or obligations hereunder. (g) No action or failure to act by any party will constitute a waiver of any right or duty of such party under this Agreement, nor will any such action or failure to act constitute an approval of or acquiescence in any breach thereunder. 11. Effective Date. This Agreement shall be effective on the date when this Agreement is executed by all undersigned parties after the approval by governing body of each. IN WITNESS WHEREOF the parties hereto have set their hands on the date below written. By: ____________________________________________ George Bray, Mayor of the City of Paducah, Kentucky By: _______________________________________________ Billy McDaniel, Mayor of the City of Metropolis, Illinois Agenda Action Form Paducah City Commission Meeting Date: July 27, 2021 Short Title: Amend Section 78-31 of the Paducah Code of Ordinances to Designate Juneteenth National Independence Day as a Holiday for City Employees - M SMOLEN Category: Ordinance Staff Work By: Michelle Smolen, James Arndt Presentation By: Michelle Smolen Background Information: The City wants to be a community leader in diversity, equity and inclusion. Juneteenth National Independence Day commemorates the end of slavery in the United States and was designated a federal holiday as of June 17, 2021. The City Manager’s Office is recommending to amend Section 78-31 Holidays to include Juneteenth as a designated holiday for all City employees to become effective starting on January 1, 2022. This holiday shall also be available to those employees covered under collective bargaining agreements. This action also aligns with the City's Minority Inclusion action item in the Commission Priorities. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Minority Inclusion - Intentional minority inclusions in City employment, Committees and Boards Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: Amend Section 78-31 of the Paducah Code of Ordinances to Designate Juneteenth National Independence Day as a holiday for City employees Attachments: 1.ORD - 78-31 Holidays - Juneteenth ORDINANCE NO. 2021-____-________ AN ORDINANCE AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH WHEREAS, the City of Paducah values the employees and staff members of the City of Paducah; and WHEREAS, the City of Paducah wishes to recruit and retain quality employees by offering competitive benefits; and WHEREAS, Juneteenth was designated a federal holiday as of June 17, 2021; and WHEREAS, the City of Paducah now wishes to amend Chapter 78 of the Code of Ordinances of the City of Paducah, to include Juneteenth as a designated holiday for City employees, effective January 1, 2022. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky, hereby amends Chapter 78 of the Paducah Code of Ordinances as follows: Sec. 78-31. Holidays. (a) The following days during each calendar year are hereby designated as holidays on which all City employees will be granted a holiday: (1) New Year's Eve Day; (2) New Year's Day (January 1); (3) Martin Luther King, Jr. Day; (4) Memorial Day; (5) Juneteenth National Independence Day (5)(6) Independence Day (July 4); (6) (7) Labor Day; (7) (8) Thanksgiving Day; (8) (9) The day immediately following Thanksgiving Day; (9) (10) Christmas Eve (December 24); (10) (11) Christmas Day (December 25); (11) (12) One personal day; and other holidays as may from time to time be designated by motion of the Board of Commissioners. If any of the days mentioned herein as holidays fall on a Saturday or Sunday, in such event, such holiday shall be recognized on a day, Monday through Friday, as determined by the City Commission. (b) As soon as possible after any holiday, the Police and Fire Department personnel shall be granted a leave of one (1) day to be selected by the respective head of the Police Department and Fire Department. (c) All other employees will be paid for recognized holidays not worked in an amount equivalent to eight (8) times the employee's regular hourly rate or the equivalent of one (1) day's pay. Such other employees who are required to work on a recognized holiday shall be further compensated at one and one-half (1 ½) times their straight time hourly rate. Members of the Police Department will receive double compensatory time for actual holidays worked. (d) Members of the Fire Department working as a member of a platoon performing duty in shifts of twenty-four (24) hours on duty and forty-eight (48) hours off duty shall be given holiday time as may be scheduled with the Chief of the Fire Department with a credit of two (2) holidays per twenty-four (24) hour shift, and they shall be compensated for such holiday at their average earnings including regular and overtime pay for a fifty-six (56) hour work week. (e) Holiday pay for employees of 911 Emergency Communication Service. (1) For the purpose of this subsection, a qualifying quarter of service shall be a quarter in which a part-time employee of the Emergency Communication Service is paid for a minimum average of thirty (30) hours of work per week. (2) All full-time employees of the 911 Emergency Communication Service shall be entitled to holiday pay in accordance with this section. (3) After completion of one (1) year of service with the Emergency Communication Service, part-time employees shall be granted holiday benefits and pay in accordance with this section for each qualifying quarter of service. For determining an employee's eligibility for holiday benefits and pay, reference shall be made to the quarter preceding the holiday in question. If the employee did not complete a qualifying quarter of service during the preceding quarter, the employee shall not be eligible for holiday benefits and pay for which the employee would otherwise be entitled. (4) Notwithstanding the foregoing provisions of this subsection, no part-time employee of the Emergency Communication Service shall be entitled to accrue holiday benefits until such employee has completed one (1) year of service. SECTION 2. Recognition of Juneteenth as a designated holiday of the City of Paducah shall become effective January 1, 2022. SECTION 3. This Ordinance shall be read on two separate days and become effective upon summary publication pursuant to KRS Chapter 424. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, July 13, 2021 Adopted by the Board of Commissioners, July 27, 2021 Recorded by Lindsay Parish, City Clerk, July 27, 2021 Published by The Paducah Sun, _________________________ ORD\78-31 – Juneteenth Holiday Agenda Action Form Paducah City Commission Meeting Date: July 27, 2021 Short Title: Change Order for Pump Station #2 Construction Contract with Pace Contracting, LLC in the amount of $121,733.29. - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend Presentation By: Rick Murphy Background Information: Summary: Change Order #1 to Pace Contracting, LLC construction contract in the amount of $121,733.29 due to unforeseen conditions resulting in a final contract amount of $4,621,733.29. Background: As part of the Paducah Floodwall Rehabilitation Project in conjunction with the US Army Corps of Engineers, Ordinance 2020-08-8652 was approved on August 25, 2020 with Pace Contracting, LLC for a construction contract in the amount of $4.5M for the Pump Station #2 Rehabilitation Project. This was a rebid of the contract after the original contractor defaulted on the contract. Pace has experienced several unforeseen circumstances resulting in additional costs to them. The unforeseen conditions consisted of: Proposal #6: Missing Components and Damaged Materials The new discharge piping and couplings for the project were purchased and provided by the previous contractor, Huffman Construction LLC. Upon award of The Project rebid, Pace determined that some of the couplings were damaged and several components were missing. To facilitate installation of the discharge piping these elements had to replaced. Cost: $88,929.66 Proposal #7: Fabrication of Motor #5 Adjustment Nut The previous contractor, Huffman Construction LLC, removed and stored Motor #5 to allow for removal of Pump #5. Upon award of The Project rebid, Pace determined the adjustment nut for Motor #5 was missing. To facilitate re-installation of the motor a new adjustment nut had to be fabricated. Cost: $10,970.00 Proposal #8: Emergency Repairs of 48in Discharge Pipe The 48” discharge piping associated with Pump #5 failed during operations. This hole in the pipe that created associated erosion of soil and rock under the headwall. To prevent additional damage to the levee and headwall and to allow for future pumping operations Pace was asked to construct a temporary patch of this pipe. Cost: $21,833.63 HDR Engineering recommends that the City seek reimbursement for this Change Order No 1 from Western Surety Company, the issuer of the Performance and Payment Bonds (Bond No. 30032288) for Huffman Construction LLC (Huffman). Proposal #6 and Proposal #7 are both costs directly associated with Huffman’s mismanagement of components on the job site, which resulted in lost and or damaged materials. It can also be reasonably inferred that Proposal #8 would not have occurred if Huffman would have met their contractual date of completion November 30, 2020. These pipes were due to be replaced under their contract. The pipe failure did not occur until April 19, 2021 well after their expected date of completion. The total change order amount is $121,733.29 resulting in a final contract amount of $4,621,733.29. The Pump Station #2 Rehabilitation Project is part of the larger US Army Corps of Engineers' Paducah Local Flood Protection Project (LFPP) System rehabilitation project. This approximately $36M project involves the rehabilitation of all pump stations, discharge pipes, flap gates and other structures associated with the Paducah Local Flood Protection Project (LFPP) System. The federal government is a 65% partner with the City contributing 35% to the total overall cost of the project. The Pump Station #2 Rehabilitation Project is part of the City's in-kind match and counts toward the 35% project portion Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Commission Priorities List Communications Plan: Coordinate with the Communications Manager for press releases and social media posts. Funds Available:Account Name: Pump Station #2 Account Number: FW0014 Staff Recommendation: Authorize and direct the Mayor to sign Change Order #1 with Pace Contracting, LLC for the construction contract on Pump Station #2 Rehabilitation Project in the amount of $121,733.29 with a final contract amount of $4,621,733.29 Attachments: 1.ORD CHGORD1- Pace Contracting LLC – Pump Station #2 2.FPS2_CO1_Recommendation 3.Paducah FPS 2 _CO 1_Pace ORDINANCE NO. 2021-07-_______ AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 WITH PACE CONTRACTING LLC. TO INCREASE THE CONTRACT BY $121,733.29 FOR THE PUMP STATION #2 REHABILITATION PROJECT WHEREAS, On August 25, 2020, the City approved Ordinance 2020-08-8652, authorizing a professional services contract with Pace Contracting, LLC for a construction contract in the amount of $4,500,000 for the Pump Station #2 Rehabilitation Project; and WHEREAS, unforeseen circumstances including missing components, damaged materials, fabrication of Motor #5 adjustment nut, and emergency repairs of the 48” discharge pipe have resulted in additional costs to Pace Contracting; and WHEREAS, Change Order No. 1 is required for an increase in the amount of $121,733.29 adjusting the total construction project from $4,500,000 to $4,621,733.29. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute Change Order No. 1 with Pace Contracting, LLC for an increase in the amount of $121,733.29 and a new total contract cost of $4,621,733.29. SECTION 2. This expenditure shall be charged to the Pump Station #2 Project Account FW0014. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. _______________________________________ George Bray, Mayor ATTEST: ______________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners July 13, 2021 Adopted by the Board of Commissioners, ________________ Recorded by Lindsay Parish, City Clerk, _________________ Published by The Paducah Sun, ______________ \ord\eng\CHGORD1- Pace Contracting LLC – Pump Station #2 hdrinc.com 120 Brentwood Commons Way, Suite 525 Brentwood, TN 37027 T 502.909.3234 F 502.909.3235 July 2, 2021 Rick Murphy, P.E. City of Paducah 300 South 5th Street Paducah, KY 42003 RE: Flood Pump Station #2 Rehabilitation – Change Order #1 Dear Mr. Murphy: Pace Contracting, LLC (Pace) has experienced several unforeseen conditions during the construction of the Flood Pump Station #2 Rehabilitation Project (The Project). These changes have resulted in additional compensation due to Pace. The following are the Change Proposal Request descriptions and corresponding costs: Change Proposal Request #6 (CPR6) – Missing Pipe and Damaged Materials $88,929.66 The new discharge piping and couplings for the project were purchased and provided by the previous contractor, Huffman Construction LLC. Upon award of The Project rebid Pace, determined that some of the couplings were damaged and several components were missing. To facilitate installation of the discharge piping these elements had to replaced. Change Proposal Request #7 (CPR7) – Fabrication of Motor #5 Adjustment Nut $10,970.00 The previous contractor, Huffman Construction LLC, removed and stored Motor #5 to allow for removal of Pump #5. Upon award of The Project rebid, Pace determined the adjustment nut for Motor #5 was missing. To facilitate re-installation of the motor a new adjustment nut had to be fabricated. Change Proposal Request #8 (CPR8) – Emergency Repair of 48” Discharge Pipe $21,833.63 The 48” discharge piping associated with Pump #5 failed during operations. This hole in the pipe that created associated erosion of soil and rock under the headwall. To prevent additional damage to the levee and headwall and to allow for future pumping operations Pace was asked to construct a temporary patch of this pipe. Recommendation HDR has reviewed the costs provided by Pace for the referenced CPRs and agree with the supported cost breakdowns. It is recommended that the City move forward with inclusion hdrinc.com 120 Brentwood Commons Way, Suite 525 Brentwood, TN 37027 T 502.909.3234 F 502.909.3235 of CPR 6, CPR 7, and CPR 8 into Change Order #1 for an increase of $121,733.29 and a new total contract amount of $4,621,733.29. Additionally, it is recommended that the City seeks reimbursement for these CPRs from Western Surety Company, the issuer of the Performance and Payment Bonds (Bond No. 30032288) for Huffman Construction LLC (Huffman). CPR 6 and CPR 7 are both costs directly associated with Huffman’s mismanagement of components on the job site, which resulted in lost and or damaged materials. It can also be reasonably inferred that CPR 8 would not have occurred if Huffman would have met their contractual date of completion November 30, 2020. These pipes were due to be replaced under their contract. The pipe failure did not occur until April 19, 2021 well after their expected date of completion. Please let me know if you have any questions comments or need additional information. Sincerely, Kyle Guthrie, P.E. Associate Vice President Cc: Melanie Townsend Sheryl Chino Savannah Wing Attachments: Paducah FPS_2_CO_1_Pace.pdf EJCDC®C 941,Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 Change Order No.1 Date of Issuance: Effective Date: Owner:City of Paducah Owner's Contract No.:CDBG No.17 020 Contractor:Pace Contracting LLC Contractor’s Project No.:17 020 Engineer:HDR Engineering,Inc Engineer's Project No.:10032833 Project:Flood Pump Station #2 Rehab Contract Name:Paducah PS #2 Rehab The Contract is modified as follows upon execution of this Change Order: Description: Pipe Missing and Damaged Materials New Adjustment Nut Emergency 48”Repair Attachments:HDR Change Order Recommendation CPR #6,CPR #7,&CPR #8 CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable] Original Contract Price:Original Contract Times: Substantial Completion: $ 4,500,000.00 Ready for Final Payment: days or dates Increase from previously approved Change Orders No.__ to No.: [Increase][Decrease]from previously approved Change Orders No.to No.: Substantial Completion: $ 0 Ready for Final Payment: days Contract Price prior to this Change Order:Contract Times prior to this Change Order: Substantial Completion: $ 4,500,000.00 Ready for Final Payment: days or dates Increase of this Change Order:[Increase][Decrease]of this Change Order: Substantial Completion: $ 121,733.29 Ready for Final Payment: days or dates Contract Price incorporating this Change Order:Contract Times with all approved Change Orders: Substantial Completion: $4,621,733.29 Ready for Final Payment: days or dates RECOMMENDED:ACCEPTED:ACCEPTED: By:By:By: Engineer (if required)Owner (Authorized Signature)Contractor (Authorized Signature) Title:Title:Title: Date:Date:Date: Approved by Funding Agency (if applicable) By: Date: Title: Attention: The following change in the contract on this project is proposed. Please provide your proposed price for the cost of this change. 1) A breakdown of cost SHALL be provided upon request by the Owner or Engineer. 2) Work shall not commence until authorized by the Owner. Description of Proposed Change : By File Attachments: COR 006.pdf 7KHH[LVWLQJSLSLQJRQVLWHZDVPLVVLQJFRPSRQHQWVDQGVRPHVHJPHQWVZHUHGDPDJHG3DFHKDVSURYLGHGDEUHDNGRZQRIWKHFRVWWR replace and repair the necessary materials. By: Date Owner's Action: [ ] Accepted [ ] Not Accepted General Contractor Date By: Owner Date $88,929.66 This change will: [ ] Add [ ] Deduct [ ] Not Change by calendar days.Engineering All work shall be in accordance with the terms, stipulations, and conditions of the original Contract Documents. If the work herein provided for is Approved by Change Order, the time of completion will be: [ ] Increased [ ] Decreased [ ] Unchanged HDR Recommendation: [ ] Recommend Acceptance [ ] Do Not Recommend Acceptance Section No.:Drawing No.: HDR Project Tracker Collaboration System Page:1 of 1 Change Proposal Request No:6 (Not a Change Order) Project Name: HDR Project No: 10032833-4.0 Contractor: Pace Contracting LLC Project Owner: City of Paducah Owner's Project No. (If applicable): Regulatory Agency Project No. (If applicable): Initiated by [ ] Engineer [ ] CM/Contractor Date: 2/8/2021 Flood Pump Station #2 Rehabilitation 7/1/21 15415 Shelbyville Rd, Louisville, KY 40245 502.386.8997 (cell) 502.815.4145 (office) Date: Pace Job No. Qty Unit Ext. Price + Days 1 LS $ 88,929.66 0 0 0 0 0 $ 88,929.66 0 Comments: Date: Date: J.D. Fiske Sr. Project Manager jdfiske@pacecontractingllc.com (502) 471-1121 February 8th, 2021 Project Name: Total Change Order: Request No. Kyle Guthrie, PE HDR Inc. Replacement Parts & Hardware Description: Printed Name: PACE CONTRACTING, LLC CLIENT CHANGE ORDER REQUEST 2/8/2012 5495 1 4645 Village Square Drive, Suite F Paducah, KY 42001 Signature Signature This COR includes the following: Missing and damaged materials from a time between Huffman's demobilization and PACE's mobilization. Replacement gaskets for Straub couplings that were damaged due to weather exposure. Paducah FPS #2 Rehabilitation Pace Project #5495 Date 2/8/2012 Project Name Description Request #1 MATERIALS QUANTITY UNIT UNIT PRICE COST 1 LS 4,697.25$ 4,697.25$ 1 LS 8,764.61$ 8,764.61$ 1 LS 51,814.27$ 51,814.27$ 1 LS 6,641.84$ 6,641.84$ -$ -$ Sub 71,917.97$ 6.00%4,315.08$ 76,233.05$ LABOR QUANTITY UNIT UNIT PRICE COST -$ -$ EQUIPMENT QUANTITY UNIT UNIT PRICE COST -$ -$ SUBCONTRACTS QUANTITY UNIT UNIT PRICE COST -$ -$ % 1.00% 5.00% 10.00% AMOUNT 76,233.05$ -$ -$ -$ 76,233.05$ 3,811.65$ 80,044.70$ 8,004.47$ 88,049.17$ 880.49$ 88,929.66$ 88,929.66$ Comments: SUBCONTRACTORS TOTAL OVERHEAD SUBTOTAL 1 FEE SUBTOTAL 1 Bond Fee (1%) SUBTOTAL 1 DIRECT COST SUBTOTAL LABOR EQUIPMENT SUBCONTRACTS TOTAL FEE SUMMARY DESCRIPTION Bond Fee OVERHEAD % Change Order Request Cost Breakdown Paducah FPS #2 Rehabilitation Replacement Coupling, Straub Gaskets, Smith-Blair Gaskets & Hardware, Tie-Rod Hardware ITEM 48" Straub Coupling ( replacement for damaged ) MATERIALS FEE % SUMMARY ITEM ITEM EQUIPMENT TOTAL ITEM Replacement Coupling Gaskets Replacement Coupling Gaskets - Smith Blair LABOR TOTAL Tax MATERIAL TOTAL Replacement Tie-Rod Hardware Attention: The following change in the contract on this project is proposed. Please provide your proposed price for the cost of this change. 1) A breakdown of cost SHALL be provided upon request by the Owner or Engineer. 2) Work shall not commence until authorized by the Owner. Description of Proposed Change : By File Attachments: COR 5495 - 005 Nut Removal Machining.pdf To fabricate a new adjustment nut for Motor #5, Pace will need to remove Motor #3, this motor is identical to #5 and houses the VDPHDGMXVWPHQWQXW7KHVFRSHRIZRUNLQYROYHVGLVFRQQHFWLQJWKHHOHFWULFDOIHHGWR0RWRUUHPRYDORIWKHPRWRUWDNLQJPHDVXUHPHQWVRI WKHDGMXVWPHQWQXWIDEULFDWLRQRIDQLGHQWLFDOFRPSRQHQWDQGUHLQVWDOOLQJWKHPRWRUDQGDVVRFLDWHGHOHFWULFDOIHHG By: Date Owner's Action: [ ] Accepted [ ] Not Accepted General Contractor Date By: Owner Date $10,970.00 This change will: [ ] Add [ ] Deduct [ ] Not Change by calendar days.Engineering All work shall be in accordance with the terms, stipulations, and conditions of the original Contract Documents. If the work herein provided for is Approved by Change Order, the time of completion will be: [ ] Increased [ ] Decreased [ ] Unchanged HDR Recommendation: [ ] Recommend Acceptance [ ] Do Not Recommend Acceptance Section No.:Drawing No.: HDR Project Tracker Collaboration System Page:1 of 1 Change Proposal Request No:7 (Not a Change Order) Project Name: HDR Project No: 10032833-4.0 Contractor: Pace Contracting LLC Project Owner: City of Paducah Owner's Project No. (If applicable): Regulatory Agency Project No. (If applicable): Initiated by [ ] Engineer [ ] CM/Contractor Date: 2/1/2021 Flood Pump Station #2 Rehabilitation 7/1/21 15415 Shelbyville Rd, Louisville, KY 40245 502.471.11217 (cell) 502.736.6267 (office) Date: Pace Job No. Contract No. Request No. Project Name: Paducah FPS #2 Rehabilitation + Days 0 0 Days Comments: Accepted by: Cost Printed Name: Mike Mulhall $ 10,970.70 10,970.70$ COR 5495- 005 Signature Signature Date: 4.20.2021 Date: Total Change Order Request: Change in Contract Calendar Days: CLIENT CHANGE ORDER REQUEST 4/22/2021 5495 4645 Village Square Drive, Suite F Paducah, KY 42001 Kyle Guthrie, PE HDR Inc. Printed Name: PACE CONTRACTING, LLC Description: Price for S & K to remove nut on Pump 5 Motor and have it machined for replacement nut for 500 HP motor. Pace Project #5495 Date 4/22/2021 Project Name Description Request # 5 MATERIALS QUANTITY UNIT UNIT PRICE COST -$ -$ -$ 6.00%-$ -$ LABOR QUANTITY UNIT UNIT PRICE COST -$ -$ -$ EQUIPMENT QUANTITY UNIT UNIT PRICE COST -$ -$ SUBCONTRACTS QUANTITY UNIT UNIT PRICE COST 1 ls 9,457.50$ 9,457.50$ -$ -$ -$ -$ 9,457.50$ % 1.00% 5.00% 10.00% AMOUNT -$ -$ -$ 9,457.50$ 9,457.50$ 1,513.20$ 10,970.70$ 10,970.70$ Comments LABOR TOTAL Tax MATERIAL TOTAL EQUIPMENT TOTAL ITEM S & K cost to remove and make nut replacement Change Order Request Cost Breakdown Paducah FPS #2 Rehabilitation Price for S & K to remove nut on Pump 5 Motor and have it machined for replacement nut for 500 HP motor. ITEM MATERIALS FEE % SUMMARY ITEM ITEM LABOR EQUIPMENT SUBCONTRACTS TOTAL FEE SUMMARY DESCRIPTION Bond Fee OVERHEAD % SUBCONTRACTORS TOTAL Overhead & FEE & Bond SUBTOTAL 1 DIRECT COST SUBTOTAL Paducah Levee System Reconstruction Flood Station # 2 Paducah, KY PRICE f. o. b. S. P. Freight Allowed ………….……….…..….…….…............…….. $ 9,457.50 S & K EQUIPMENT COMPANY, Inc. … When Quality Counts … Attention: The following change in the contract on this project is proposed. Please provide your proposed price for the cost of this change. 1) A breakdown of cost SHALL be provided upon request by the Owner or Engineer. 2) Work shall not commence until authorized by the Owner. Description of Proposed Change : By File Attachments: COR 5495 - 006 48 inch Discharge Pipe Repair.pdf 20210416_090439.jpg 20210416_091044.jpg 20210416_091401.jpg 20210416_091647.jpg masterlife-sra-035-tds.pdf 80-3 flowable pace contr. pump 2.xls 3URYLGHDPHDQVWRVHDOWKHKROHLQWKHH[LVWLQJGLVFKDUJHSLSHDQGEDFNILOOWKHYRLGFUHDWHGIURPZDVKRXW Section No.:Drawing No.: HDR Project Tracker Collaboration System Page:1 of 2 Change Proposal Request No:8 (Not a Change Order) Project Name: HDR Project No: 10032833-4.0 Contractor: Pace Contracting LLC Project Owner: City of Paducah Owner's Project No. (If applicable): Regulatory Agency Project No. (If applicable): Initiated by [ ] Engineer [ ] CM/Contractor Date: 4/16/2021 Flood Pump Station #2 Rehabilitation By: Date Owner's Action: [ ] Accepted [ ] Not Accepted General Contractor Date By: Owner Date $21,833.63 This change will: [ ] Add [ ] Deduct [ ] Not Change by calendar days.Engineering All work shall be in accordance with the terms, stipulations, and conditions of the original Contract Documents. If the work herein provided for is Approved by Change Order, the time of completion will be: [ ] Increased [ ] Decreased [ ] Unchanged HDR Recommendation: [ ] Recommend Acceptance [ ] Do Not Recommend Acceptance HDR Project Tracker Collaboration System Page:2 of 2 Change Proposal Request No:8 (Not a Change Order) Project Name: HDR Project No: 10032833-4.0 Contractor: Pace Contracting LLC Project Owner: City of Paducah Owner's Project No. (If applicable): Regulatory Agency Project No. (If applicable): Initiated by [ ] Engineer [ ] CM/Contractor Date: 4/16/2021 Flood Pump Station #2 Rehabilitation 7/1/21 15415 Shelbyville Rd, Louisville, KY 40245 502.471.11217 (cell) 502.736.6267 (office) Date: Pace Job No. Contract No. Request No. Project Name: Paducah FPS #2 Rehabilitation + Days 0 0 Days Comments: Accepted by: Cost Printed Name: Mike Mulhall $ 21,833.63 21,833.63$ COR 5495- 006 Signature Signature 4/28/2021 Date: Total Change Order Request: Change in Contract Calendar Days: CLIENT CHANGE ORDER REQUEST 4/28/2021 5495 4645 Village Square Drive, Suite F Paducah, KY 42001 Kyle Guthrie, PE HDR Inc. Printed Name: PACE CONTRACTING, LLC Description: T & M work to repair 48 inch Steel Discharge Pipe and use flowable fill in washout 4/21/21 to 4/23/21 Pace Project #5495 Date 4/28/2021 Project Name Description Request # 6 MATERIALS QUANTITY UNIT UNIT PRICE COST 48 cy 125.00$ 6,000.00$ 1 ls 400.00$ 400.00$ -$ 6.00%360.00$ 6,760.00$ LABOR QUANTITY UNIT UNIT PRICE COST 33 hr 60.00$ 1,980.00$ 66 hr 55.00$ 3,630.00$ 9 day 100.00$ 900.00$ 6,510.00$ EQUIPMENT QUANTITY UNIT UNIT PRICE COST 1 day 579.61$ 579.61$ 1 day 2,138.55$ 2,138.55$ 33 hr 16.00$ 528.00$ 3,246.16$ SUBCONTRACTS QUANTITY UNIT UNIT PRICE COST 1 ls 2,200.25$ 2,200.25$ -$ -$ 2,200.25$ % 1.00% 5.00% 10.00% AMOUNT 6,760.00$ 6,510.00$ 3,246.16$ 2,200.25$ 18,716.41$ 935.82$ 19,652.23$ 1,965.22$ 21,617.45$ 216.17$ 21,833.63$ 21,833.63$ Comments Misc. Material to line pipe Foreman Truck LABOR TOTAL Tax MATERIAL TOTAL Skidsteer Excavator Travel Pay EQUIPMENT TOTAL ITEM Foreman Whitehead Concrete Pumping Carpenter (2 each) Change Order Request Cost Breakdown Paducah FPS #2 Rehabilitation T & M work to repair 48 inch Steel Discharge Pipe and use flowable fill in washout 4/21/21 to 4/23/21 ITEM Concrete - Flowable Fill MATERIALS FEE % SUMMARY ITEM ITEM LABOR EQUIPMENT SUBCONTRACTS TOTAL FEE SUMMARY DESCRIPTION Bond Fee OVERHEAD % SUBCONTRACTORS TOTAL OVERHEAD SUBTOTAL 1 FEE SUBTOTAL 1 Bond Fee (1%) SUBTOTAL 1 DIRECT COST SUBTOTAL INVOICE SEND ALL PAYMENTS TO: INVOICE NUMBER ACCOUNT NUMBER INVOICE DATE INVOICE TO RECEIVED BY CONTRACT NUMBER PURCHASE ORDER NUMBER JOB NUMBER JOB ADDRESS BRANCH SUBTOTAL TAX INVOICE TOTAL PAGE PDFWS7 (Rev 05/10/18) 112664950-0001 PO BOX 409211 ATLANTA, GA 30384-9211 231813 4/26/21 1 NPOG FSP 2 1416 N 6TH ST PADUCAH, KY 42001 C#: 812-283-5784 J#: 502-471-1121 1416 N 6TH ST, PADUCAH FSP 2 112664950 PADUCAH PC617 3525 PARK AVE PADUCAH, KY 42001 4054 270-558-6206 0617 PACE CONTRACTING INC 15415 Shelbyville Rd Louisville, KY 40245 . QTY EQUIPMENT # Min Day Week 4 Week Amount . 1.00 1500-2100LB TRACK SKIDSTEER 325.00 325.00 876.00 1901.00 325.00 10299596 Make: BOBCAT Model: T550 Ser #: AJZV24640 HR OUT: 124.550 HR IN: 128.050 TOTAL: 3.500 Billed from 4/22/21 thru 4/23/21 1.00 SKIDSTEER LOADER BUCKET N/C Rental Sub-total: 325.00 SALES ITEMS: Qty Item number Unit Price 1 DLPKSRCHG EA 26.600 26.60 TRANSPORTATION SURCHARGE 1 ENVIRONMENTAL EA 5.200 5.20 ENVIRONMENTAL/HAZMAT FEE 2133XXX0000 1 RF EA N/C RETURNED FULL DELIVERY CHARGE 95.00 PICKUP CHARGE 95.00 CONTINUED RENTAL RETURN NET DUE UPON RECEIPT MULHALL, MIKE SUNBELT RENTALS, INC INVOICE SEND ALL PAYMENTS TO: INVOICE NUMBER ACCOUNT NUMBER INVOICE DATE INVOICE TO RECEIVED BY CONTRACT NUMBER PURCHASE ORDER NUMBER JOB NUMBER JOB ADDRESS BRANCH SUBTOTAL TAX INVOICE TOTAL PAGE PDFWS7 (Rev 05/10/18) 112664950-0001 PO BOX 409211 ATLANTA, GA 30384-9211 231813 4/26/21 2 NPOG FSP 2 1416 N 6TH ST PADUCAH, KY 42001 C#: 812-283-5784 J#: 502-471-1121 1416 N 6TH ST, PADUCAH FSP 2 112664950 PADUCAH PC617 3525 PARK AVE PADUCAH, KY 42001 4054 270-558-6206 0617 546.80 32.81 579.61 PACE CONTRACTING INC 15415 Shelbyville Rd Louisville, KY 40245 . QTY EQUIPMENT # Min Day Week 4 Week Amount . FINAL BILL: 4/22/21 12:00 PM THRU 4/23/21 09:13 AM. . 546.80 RENTAL RETURN NET DUE UPON RECEIPT MULHALL, MIKE SUNBELT RENTALS, INC Agenda Action Form Paducah City Commission Meeting Date: July 27, 2021 Short Title: Approval of Contract for Floodwall Seal Closures Project with Jim Smith Contracting, LLC in the amount of $577,763.16 - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend, Maegan Mansfield Presentation By: Rick Murphy Background Information: Summary: Approval of contract with Jim Smith Contracting to modify 12 Floodwall openings. The modifications include permanently sealing 10 Floodwall openings and raising the sill elevation of 2 Floodwall openings Background: On June 15, 2021, the Engineering Department opened sealed bids for the Paducah Floodwall Seal Closure Project. BFW Engineering performed bid evaluation and recommended Jim Smith Contracting as submitting the lowest responsive bid. Two (2) bids were received as follows: (1) Jim Smith Contracting, LLC: $577,763.16 (2) Coffey Construction, LLC: $672,276.73 The Floodwall Seal Closure Project is part of the larger US Army Corps of Engineers' Paducah Local Flood Protection Project (LFPP) System rehabilitation project. This approximately $36M project involves the rehabilitation of all pump stations, discharge pipes, flap gates and other structures associated with the Paducah Local Flood Protection Project (LFPP) System. The federal government is a 65% partner with the City contributing 35% to the total overall cost of the project. The Floodwall Seal Closure Project is part of the City's in-kind match and counts toward the 35% project portion. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Stormwater Communications Plan: The Engineering Department has and will continue to discuss the Seal Closures project with those businesses near or adjacent to the closure locations that may be inconvenienced before, during and/or after the project's completion. The Engineering Department will also coordinate necessary information with the City of Paducah's Communication Manager for news releases and social media updates. Funds Available:Account Name: Seal Closures Account Number: FW0011 Staff Recommendation: To receive and file the bids and adopt an Ordinance authorizing the Mayor to execute a contract with Jim Smith Contracting, LLC, in the amount of $ 577,763.16 for construction of the Paducah Floodwall Seal Closure Project. Attachments: 1.ORD agree - Jim Smith Contracting Floodwall Seal Closure Project 2021 2.Paducah Sun ad_5.29.21_Seal Closures 3.Paducah Floodwall Closures Bid Tabulation 4.Paducah Floodwall Closures_Smith Construction bid packet 5.Coffey Construction Bid Packet 6.Paducah Floodwall Closure- Contract- unsigned ORDINANCE NO. 2021-07-_________ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JIM SMITH CONTRACTING, LLC., IN THE AMOUNT OF $577,763.16 FOR THE FLOODWALL SEAL CLOSURES PROJECT WHEREAS, on June 15, 2021, The Engineering Department opened sealed bids for the Paducah Floodwall Seal Closure Project; and WHEREAS, BFW Engineering performed bid evaluation and recommended Jim Smith Contracting as submitting the lowest responsive bids; and WHEREAS, the Floodwall Seal Closure Project is part of the larger U.S. Army Corps of Engineers’ Paducah Levee project; and WHEREAS, this approximately $36M project involves the rehabilitation of all pump stations, discharge pipes, flap gates and other structures associated with the Paducah Local Flood Protection Project (LFPP) System. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City Commission does hereby accept the proposal of Jim Smith Contracting LLC to provide professional services for the Floodwall Seal Closure Project in an amount of $577,763.16. SECTION 2. The City Commission does hereby authorize and instruct the Mayor to execute the Professional Services Agreement with Jim Smith Contracting LLC, on behalf of the City of Paducah. SECTION 3. This expenditure shall be charged to the Seal Closures Project No. FW0011. SECTION 4. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ____________________________________ George Bray, Mayor ATTEST: __________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, July 13, 2021 Adopted by the Board of Commissioners, ____________________ Recorded by Lindsay Parish, City Clerk, _____________________ Published by The Paducah Sun, _____________________________ \ord\eng\agree – Jim Smith Contracting Floodwall Seal Closures Project - 2021 Paducah Floodwall Closures Bid Tabulation 6/15/2021 CONTRACTOR BID AMOUNT DEDUCTIVE ALTERNATE Smith Construction $577,763.16 $4,000 Coffee Construction $672,276.73 $3,965 Differential $94,513.60 $35.00 00500 AGREEMENT Page 1 of 2 CITY OF PADUCAH, KENTUCKY ENGINEERING DEPARTMENT AGREEMENT FOR PADUCAH FLOODWALL CLOSURES THIS AGREEMENT, made this day of , 20__ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and , hereinafter called the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Contractor agrees to furnish all the necessary labor, materials, equipment, tools and services necessary for the construction of the PADUCAH FLOODWALL CLOSURES. All Work shall be in accordance with this Agreement, the Plans, Specifications and any Addendum(s) issued. Throughout the performance of this Contract, the Engineering Department of the City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of Paducah. All work done by the Contractor shall be completed under the general supervision of the Engineer. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Contractor hereby agrees to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the project within Ninety (90) consecutive calendar days thereafter. Failure of the Contractor to complete the work in the time specified above plus any extensions allowed in accordance with the General Conditions shall result in the assessment of liquidated damages for the delay (not as a penalty). Liquidated damages shall be in the amount of $500.00 per consecutive calendar day for failure to meet the final completion date and shall be withheld from final payment. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein: ($) as quoted in the Bid Proposal by the Contractor dated which shall constitute full compensation for the work and services authorized herein. ARTICLE 4. PROGRESS PAYMENTS The Contractor may submit each month, and no more than once a month, a Request for Payment for work completed in accordance with the Specifications. The Owner will make partial payments on or about thirty (30) days after submission of a properly completed invoice and approval of the completed work. At the Engineer’s discretion, a ten percent (10%) retainage may be held until final completion and acceptance of the work. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due sixty, (60) days after substantial completion of the work, provided the work will then be fully completed and the Contract fully performed in accordance with the specifications. ARTICLE 6. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in 00500 AGREEMENT Page 2 of 2 McCracken County, Kentucky. ARTICLE 7. THE CONTRACT DOCUMENTS The Plans, Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. CONTRACTOR CITY OF PADUCAH, KENTUCKY BY __________________________ BY ____________________________ TITLE ________________________ George Bray, Mayor ADDRESS: ADDRESS: _____________________________ Post Office Box 2267 ______________________________ Paducah, Kentucky 42002-2267 Agenda Action Form Paducah City Commission Meeting Date: July 27, 2021 Short Title: Approval of Contract for Floodwall Flapgate Replacement Project with Jim Smith Contracting, LLC in the amount of $ 2,152,000.00- R MURPHY Category: Ordinance Staff Work By: Melanie Townsend, Rick Murphy Presentation By: Rick Murphy Background Information: Summary: Approving construction contract with Jim Smith Contracting, LLC for the replacement of 52 flapgates and sluice gates in the Paducah Local Flood Protection Project (LFPP) System. Background: On June 24, 2021, the Engineering Department opened sealed bids for the Paducah Floodwall Flapgate Replacement Project. HDR Engineering performed bid evaluation and recommended Jim Smith Contracting as submitting the lowest responsive bid. Three (3) bids were received as follows: (1) ICI Mechanical, LLC: $1,726,495 (rejected as unresponsive) (2) Jim Smith Contracting, LLC: $2,152,000 (3) CJ Mahan Construction, LLC: $2,700,000 The Floodwall Flapgate Replacement Project is part of the larger US Army Corps of Engineers' Paducah Local Flood Protection Project (LFPP) System rehabilitation project. This approximately $36M project involves the rehabilitation of all pump stations, discharge pipes, flapgates and other structures associated with the Paducah Local Flood Protection Project (LFPP) System. The federal government is a 65% partner with the City contributing 35% to the total project. The Floodwall Flapgate Replacement Project is part of the City's in-kind match and counts toward the City's 35% project portion. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Stormwater Communications Plan: Coordinate with Communications Manager for press releases and social media posts. Funds Available:Account Name: Flapgates Account Number: FW0010 Staff Recommendation: To receive and file the bids and adopt an Ordinance authorizing the Mayor to execute a contract with Jim Smith Contracting, LLC, in the amount of $2,100,000 for construction of the Paducah Floodwall Flapgate Replacement Project. Attachments: 1.ORD agree – Jim Smith Contracting Flapgate Replacement Project - 2021 2.PaducahFlapGate_Sample Contract 3.Paducah Sun_6.5.21_Flap Gates ad 4.PaducahFlapGate_Addendum01_20210609. 5.PaducahFlapGate_Addendum02_20210621 6.Scan_Bid_CJMahan 7.Scan_Bid_ICI 8.Scan_Bid_JimSmith ORDINANCE NO. 2021-07-_________ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JIM SMITH CONTRACTING, LLC., IN THE AMOUNT OF $2,152,000 FOR THE FLOODWALL FLAPGATE PROJECT WHEREAS, on June 24, 2021, the Engineering Department opened sealed bids for the Paducah Floodwall Flapgate Replacement Project; and WHEREAS, HDR Engineering performed bid evaluation and recommended Jim Smith Contracting as submitting the lowest responsive bids; and WHEREAS, the Floodwall Flapgate Replacement Project is part of the larger U.S. Army Corps of Engineers’ Paducah Local Flood Protection Project (LFPP) System rehabilitation project; and WHEREAS, this approximately $36M project involves the rehabilitation of all pump stations, discharge pipes, flap gates and other structures associated with the Paducah Local Flood Protection Project (LFPP) System. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City Commission does hereby accept the proposal of Jim Smith Contracting LLC to provide professional services for the Floodwall Flapgate Replacement Project in an amount of $2,152,000. SECTION 2. The City Commission does hereby authorize and instruct the Mayor to execute the Professional Services Agreement with Jim Smith Contracting LLC, on behalf of the City of Paducah. SECTION 3. This expenditure shall be charged to the Flapgates Project No. FW0010. SECTION 4. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ____________________________________ George Bray, Mayor ATTEST: __________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, July 13, 2021 Adopted by the Board of Commissioners, __________________ Recorded by Lindsay Parish, City Clerk, ___________________ Published by The Paducah Sun, ______________________ \ord\eng\agree – Jim Smith Contracting Flapgate Replacement Project - 2021 10278680 City of Paducah 6/21/2021 Flood Protection Flap Gate Replacement AGREEMENT 00 52 13 - 1 SECTION 00 52 13 CITY OF PADUCAH, KENTUCKY ENGINEERING DEPARTMENT AGREEMENT FOR FLOOD PROTECTION FLAP GATE REPLACEMENT PROJECT THIS AGREEMENT, made this day of , 20__ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and __________________, hereinafter called the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Contractor agrees to furnish all of the materials and perform all of the work based upon the Drawings and Specifications entitled Flood Protection Flap Gate Replacement on the City of Paducah Flood Wall Protection System prepared by HDR, Inc., acting as, and in these Drawings, entitled the Engineer; and shall do everything required by this Agreement, the Special Provisions of the Contract, the Specifications and Drawings and any Addendum(a) issued. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Contractor hereby agrees to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the project within Two-Hundred and Ten (210) consecutive calendar days thereafter. Failure of the Contractor to complete the work in the time specified above plus any extensions allowed in accordance with the General Conditions shall result in the assessment of liquidated damages for the delay (not as a penalty). Liquidated damages shall be in the amount of $500.00 per consecutive calendar day for failure to meet the final completion date and shall be withheld from final payment. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein: ________________________________ ($__________) as quoted in the Bid Proposal by the Contractor dated ____________ which shall constitute full compensation for the work and services authorized herein. ARTICLE 4. PROGRESS PAYMENTS The Contractor may submit each month, and no more than once a month, a Request for Payment for work completed in accordance with the Specifications. The Owner will make partial payments on or about thirty (30) days after submission of a properly completed invoice and approval of the completed work. At the Engineer’s discretion, a ten percent (10%) retainage may be held until final completion and acceptance of the work. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due sixty, (60) days after substantial completion of the work, provided the work will then be fully completed and the Contract fully performed in accordance with the specifications. ARTICLE 6. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. 10278680 City of Paducah 6/21/2021 Flood Protection Flap Gate Replacement AGREEMENT 00 52 13 - 2 ARTICLE 7. THE CONTRACT DOCUMENTS The Plans, Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. CONTRACTOR CITY OF PADUCAH, KENTUCKY BY __________________________ BY ____________________________ TITLE ________________________ George P. Bray, Mayor ADDRESS: ADDRESS: _____________________________ Post Office Box 2267 ______________________________ Paducah, Kentucky 42002-2267 10278680 City of Paducah 6/9/2021 Flood Protection Flap Gate Replacement CAST IRON SLIDE GATES 40 05 58 - 1 SECTION 40 05 58 CAST IRON SLIDE GATES AND SLIDE GATES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Cast iron slide gates and integral operators. 2. Cast iron flap gates and integral operators. B. Related Specification Sections include but are not necessarily limited to: 1. Division 00 - Procurement and Contracting Requirements. 2. Division 01 - General Requirements. 1.2 QUALITY ASSURANCE A. Manufacturer Qualifications: 1. All of the equipment specified under this Section shall be furnished by a single manufacturer with a minimum of 20 years’ experience designing and manufacturing flap gates and slide gates. 2. The manufacturer shall have manufactured flap gates and slide gates for a minimum of 100 projects. The specification is based on the cast iron flap gate and slide gate as manufactured by Waterman Valve, of Exeter, California. B. Referenced Standards: 1. American Water Works Association (AWWA): a. C541, Hydraulic and Pneumatic Cylinder and Vane-Type Actuators for Valves and Slide Gates. b. C542, Electric Motor Actuators for Valves and Slide Gates. c. C560, Cast-Iron Slide Gates. 2. National Electrical Manufacturers Association (NEMA): a. 250, Enclosures for Electrical Equipment (1000 Volts Maximum). 3. National Sanitation Foundation International (NSF): a. 61, Drinking Water System Components - Health Effects. 4. Society for Protective Coatings/NACE International (SSPC/NACE): a. SP 10/NACE No. 2, Near-White Blast Cleaning. 5. ASTM International (ASTM): a. A108 (2003) Steel Bars, Carbon, Cold-Finished b. A123/A123M (2002) Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products c. A126 Class B, Standards Specification for Gray Iron Castings for Valves, Flanges, and Pipe Fittings d. A153/A153M, Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware. e. A194/A 194M (2004a) Carbon and Alloy Steel Nuts for Bolts for High Pressure or High Temperature Service or Both f. A276 (2004) Stainless Steel Bars and Shapes g. A307 (2004) Carbon Steel Bolts and Studs, 60 000 PSI Tensile Strength h. A320/A 320M (2004) Alloy/Steel Bolting Materials for Low-Temperature Service i. A536 Gr. 65-45-12, Standard Specification for Ductile Iron for Pivot Lugs j. A 582/A 582M (1995b; R 2000e1) Free-Machining Stainless Steel Bars k. B21/B 21M (2001e1) Naval Brass Rod, Bar, and Shapes l. B584 (2004) Copper Alloy Sand Castings for General Applications m. B633 (1998; E 2001) Electrodeposited Coatings of Zinc on Iron and Steel n. F594(2002) Stainless Steel Nuts 10278680 City of Paducah 6/9/2021 Flood Protection Flap Gate Replacement CAST IRON SLIDE GATES 40 05 58 - 2 1.3 SUBMITTALS A. Submit the following with the Proposal: 1. Proposal Data Sheets. B. Shop Drawings: 1. See Specification Section 01 33 00 for requirements for the mechanics and administration of the submittal process. 2. Product technical data including: a. Acknowledgement that products submitted meet requirements of standards referenced. b. Flap Gates; Shop drawings shall be submitted for sluice gates and flap gates showing details for mounting, materials description, calculations (sluice gates opening and closing torque, stem buckling strength & pedestal (lift)), gate operating pedestal (lift), concrete reinforcement, anchorage, dimensions, and construction and manufacturer's installation procedures. The shop drawings shall show the clearance dimensions between stem couplings and stem guides and the end of the stem and the top of the stem cover, in both the open and closed positions of the sluice gates. Manufacturer's catalog data, including specifications and full descriptive data, shall be submitted for all materials and equipment furnished. Contractor shall be responsible for verifying that the specific manufacturers' sluice gates to be provided at the listed location will fit and function in the area available. 3. Fabrication and/or layout drawings. 4. Certifications. 5. Product technical data including: a. Acknowledgment that products submitted meet the requirements of standards referenced. b. Calculations that demonstrate compliance with the deflection, stress and factor of safety specified. c. Certified drawings and material specifications for ALL components. d. Manufacturer's installation instructions. e. Test records. C. Product Data: 1. Acknowledgement that products submitted meet requirements of standards referenced. 2. Manufacturer's installation instructions. 3. Fabrication and/or layout drawings. 4. Certifications. 5. Test reports. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Subject to compliance with the Contract Documents, the following manufacturers are acceptable: 1. Waterman Valve. 2. Hydro-Gate. 3. Fontaine. 4. Or engineered preapproved equal. 2.2 EQUIPMENT – SLIDE GATES A. Provide heavy duty gates, stems, lifts and other appurtenances of size, type, material and construction shown on the Contract Drawings and as specified herein. B. Slide gates shall be of heavy duty and medium duty type. C. Gates: Meet all requirements of AWWA C560 as modified per this Specification Section. 10278680 City of Paducah 6/9/2021 Flood Protection Flap Gate Replacement CAST IRON SLIDE GATES 40 05 58 - 3 D. To ensure quality and consistency, no third party contracted manufacturers for fabrication and assembly allowed. The manufacturing and assembly facility shall be a United States facility. E. Cast iron components shall be domestic (United States) materials F. Leakage rate not to exceed the maximum allowable leakage as stated in the AWWA C560 standard. The gates shall be adjusted at the manufacturing plant so that a 0.002” thick gauge (1/2 the required standard by AWWA) will not be admitted at any point between the frame and cover seating surfaces. 2.3 EQUIPMENT – FLAP GATES A. The flap gate shall be designed to allow free outflow and prevent backflow for a maximum seating head of either 55 feet for F55 or 25 feet for F25. B. When used for pump discharge, the unit shall be fitted with a Waterman-supplied leaf-spring bumper with rubber cushion block. C. To ensure quality and consistency, no third party contracted manufacturers for fabrication and assembly allowed. The manufacturing and assembly facility shall be a United States facility. D. Cast iron components shall be domestic (United States) materials 2.4 MATERIALS – FLAP GATES AND SLIDE GATES (REQUIRED MINIMUM) A. Frame and Cover, Flap Gates and Slide Gates – Cast Iron per ASTM- A-126, Class B. B. Flap Gate pivot Lug – Ductile Iron per ASTM A-536, Gr. 65-45-12. C. Flap Gate hinge Link – Structural Steel ASTM A-36, galvanized per ASTM-A-123 D. Flap Gate bronze Bushing and Washers – Commercial Bronze E. Flap Gate and Slide Gate, assembly Hardware, Fasteners, Anchors, and Hinge Pins – 18-8 Stainless Steel (Type 304) F. Flap Gate Naval Bronze Seats – ASTM B-21, Alloy 48200 G. Slide Gate Manganese Bronze Seats, Wedges and Stem Blocks – ASTM B584, Alloy 86500 H. Slide Gate bottom close seal Neoprene Seats – ASTM D-2000 BC610/625 I. Slide Gate pedestal Cast Iron per ASTM- A-126, Class B with polyamide epoxy finish. J. Slide Gate stem ASTM A276 Type 304 stainless steel, machine cut threads 29 degrees ACME type. K. Slide Gate stem guides Cast Iron ASTM A-126 Class B with bronze bushings or UHMW bushings. L. Slide Gate stem cover clear butyrate with Mylar strip indicator. OPTIONAL MATERIALS M. Low-Zinc Bronze Seats – ASTM B-198, Alloy 65100 N. Ductile Iron Hinge Link – ASTM A536, Gr. 65-45-12 O. Manganese Bronze Hinge Link – ASTM B584, Alloy 86500 P. Bronze Bushings – ASTM B-98 Q. Ni-Resist Cast Iron Frame and Cover – ASTM A-436, Type 2 or 2B. 2.5 GATE OPERATORS AND LIFTS A. General: 1. Provide lifts in accordance with AWWA C560 or as modified in this Specification Section. 10278680 City of Paducah 6/9/2021 Flood Protection Flap Gate Replacement CAST IRON SLIDE GATES 40 05 58 - 4 2. Rising stem lifts: a. Provide clear butyrate plastic stem cover with Mylar strip open-close indicator. B. Manual Operators: 1. Equip lift mechanism with a pedestal as shown on Drawings. 2. Centerline of crank or handwheel: Approximately 36 IN above operating floor, unless otherwise shown. 3. Crank wheel: Removable and fitted with a corrosion resistant rotating handle. 2.6 FABRICATION A. Flap Gate frame shall be cast of flatback design, with seating surface inclined from vertical at a minimum of 2.5 degrees to assure positive closure. For flatback Slide Gates mounted to thimbles or flanges or concrete wall, the slide gate flange shall be machined and drilled to match. B. Cover shall be cast iron, cast in one piece, with reinforcing ribs, designed to withstand the seating head specified. An integral cast on lifting eye shall be provided for manual operation. All machined surfaces shall have a minimum 63 micro inch finish. C. Seating surfaces for frame and cover shall be one of the following: D. Machined iron E. Flap gate and slide gate bronze seats impacted into dovetail grooves on the frame and cover. F. Flap gate bronze seats impacted into dovetail grooves within the frame with optional neoprene seat bonded into a dovetail groove in the cover to cushion the cover upon closing. G. Slide gate with bronze seats impacted into dovetail grooves in cover. When a flush bottom closure is specified, a resilient seal shall be attached to the frame so that it is flush with the gate invert. The flush bottom seal shall be supported by a cast iron or stainless-steel bracket which shall be bolted to machined pads provided on the frame. The seal shall be held in place by a bronze or stainless-steel bar which shall be bolted through the seal to the bracket with stainless steel fasteners. All wedges and wedge blocks shall be of solid corrosion resistant material and shall be of sufficient number to provide a practical degree of water tightness per AWWA C560. All wedge bearing surfaces and contact faces shall be machined to give maximum contact and wedging action. Wedges shall be fully adjustable, but once set shall not rotate or move from the set position. All wedge fasteners and adjustment screws shall be corrosion resistant. H. Flap Gate shall be provided with an adjustable, double pivoted hinge linkage so designed to permit complete seating, Pivot lugs mounted to the frame shall be adjustable to allow adjustment of hinge links without having to remove the cover from the gate. The hinge links shall be bronzed bushed stainless steel. Optional hinge links of ductile iron, stainless steel (both bronze- bushed), and manganese bronze may be specified. All assembly hardware shall be type 18-8 stainless steel, 316 or 304 as specified. I. Slide gates shall be provided with full opening and stops or other arrangement to prevent the cover from sliding sufficiently to become wedged in the open position. All assembly hardware shall be type 18-8 stainless steel, 316 or 304 as specified. J. Finish of all cast iron shall be painted with manufacturer’s standard shop coat paint or specified paint. Structural steel hinge links shall be galvanized. All bronze and stainless-steel parts do not require further finish. 2.7 THE SOURCE QUALITY CONTROL A. Article is used to address Factory tests, inspections, and certifications required to be performed at the shop prior to shipment to site. 10278680 City of Paducah 6/9/2021 Flood Protection Flap Gate Replacement CAST IRON SLIDE GATES 40 05 58 - 5 PART 3 - EXECUTION 3.1 INSTALLATION A. Installation of the gates and appurtenances shall be done in a workmanlike manner. It shall be the responsibility of the CONTRACTOR to handle, store, and install the equipment specified in this Section in strict accordance with the Manufacturer’s recommendations. B. The CONTRACTOR shall review the installation drawings and installation instructions prior to Installing the gates. C. The CONTRACTOR shall fill any void between the guide frames and the structure with non- shrink grout as shown on the installation drawing and in accordance with the grout manufacturer’s recommendations. D. Waterman recommendations a spring bumper for flap gates in a pump discharge application. 3.2 FIELD QUALITY CONTROL A. Employ and pay for services of equipment manufacturer's field service representative(s) to: 1. Inspect equipment covered by this Specification Section. 2. Supervise adjustments and installation checks. 3. Provide test equipment, tools, and instruments necessary to accomplish equipment testing. 4. Conduct initial start-up of equipment, perform operational checks, and supervise acceptance testing. 5. Provide, through Contractor, a written statement that manufacturer's equipment has been installed properly, started up and is ready for operation by Owner's personnel. 6. Instruct Owner's personnel on operation and maintenance of furnished equipment. B. Field Leakage Test for Cast Slide Gates: Test gate under design seating head by 0.004” gauge and adjust to not exceed maximum leakage rate specified, per AWWA C560 standard. END OF SECTION 10278680 City of Paducah 6/21/2021 Flood Protection Flap Gate Replacement ADDENDUM FORM 00 91 13 - 1 SECTION 00 91 13 City of Paducah, Kentucky Engineering Department FLOOD PROTECTION FLAP GATE REPLACEMENT ADDENDUM NO. 2 DATE: June 21, 2021 This document is an Amendment of the Plans and Specifications for the replacement of flap gates and sluice gates within the city’s flood protection system and shall be a part of and included in the Contract. When the Addendum conflicts with the original Specifications and/or Drawings, this Addendum shall govern. Questions Received: The following are answers addressing questions received from Bidders to date:  The Contract Time has been extended to 210 calendar days.  Wall thimbles are not anticipated to be encountered during the project but will be addressed as needed during construction if encountered.  A project budget is not being provided for the project.  Gates within manholes include all work necessary to remove the existing gates and install the new gates.  Support brackets for the flap gates may be removed and replaced as per the general notes, if needed.  The scope of work in the agreement has been updated.  Specification Section 00 41 13 – Bid Proposal is being re-issued to include additional information for clarification regarding each gate location. Please replace this section in the Specifications.  Specification Section 00 52 13 – Agreement is being re-issued to address Articles 1 & 2. The scope of work has been updated and the Contract Time has been extended to 210 Calendar Days. Please replace this section in the Specifications.  Specification Section 40 05 58 – Cast Iron Flap Gates and Slide Gates is being re-issued to clarify USACE review questions and comments. Please replace this section in the Specifications.  The following plans are being re-issued to address USACE review questions and comments. Please replace the following sheets in the plans: 01C-02, 01C-03a, 01C-03b, 01C-03c, 01C-24a, 01C-24b, 01C-24c Confirmation: Bidders shall Acknowledge Receipt of this Addendum by signing the last sheet of this Addendum and returning to this office via e-mail at mtownsend@paducahky.gov City of Paducah _______________________ Rick Murphy, P.E. City Engineer 10278680 City of Paducah 6/21/2021 Flood Protection Flap Gate Replacement ADDENDUM FORM 00 91 13 - 2 CONFIRMATION BIDDERS shall Acknowledge Receipt of This Addendum by Signing below and returning to this office via e-mail mtownsend@paducahky.gov. BIDDER: _______________________________________________________ BY: ___________________________________ DATE: __________________ TITLE: _________________________________________________________ 10278680 City of Paducah 6/18/2021 Flood Protection Flap Gate Replacement BID PROPOSAL – BID ITEMS 00 41 13 - 1 SECTION 00 41 13 CITY OF PADUCAH, KENTUCKY ENGINEERING DEPARTMENT BID PROPOSAL FOR FLOOD PROTECTION FLAP GATE REPLACEMENT Proposal of _____________________________________________________ (hereinafter called Bidder), organized and existing under the laws of __________________ (state) and doing business as ___________________________*, as applicable to the City of Paducah, Kentucky (hereinafter referred to as Owner.) *Insert "A Corporation", A Partnership" or "An Individual" In compliance with your Invitation for Bid, Bidder hereby proposes to furnish all the necessary labor, materials, equipment, tools and services necessary for the construction of the Flood Protection Flap Gate Replacement in accordance with the plans, specifications and other contract documents prepared by the City Engineering Department, at the prices stated below. By submission of this Bid, each Bidder certifies that this Bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this Bid with any other Bidder or with any other competitor. The Bidder further understands the quantities shown herein are estimates only and the Owner reserves the unlimited right to add to or delete from same at its discretion. In case of a discrepancy in the extension of a bid price, the unit price shall govern over the total price for all items. Security in the sum of $ , in the form of a Bid Bond or cashier’s check, said amount being equal to Five Percent (5%) of the Total Bid Amount, is submitted herewith in accordance with the Specifications. This Security is furnished to the Owner as a guarantee that the agreement will be executed, and all bonds required shall be furnished within ten (10) days after award of the Contract to the undersigned. Additionally, the Bidder has submitted with this Bid Proposal the required signed and notarized Certifications as required by the laws of the Commonwealth of Kentucky. Failure of the Bidder to comply with these provisions will make the Bid Non-Responsive and shall result in disqualification of the submitted Bid Proposal. After reasonable consideration of all bids received, a Notice of Award will be given to the Responsible Bidder who submits the lowest responsive bid in accordance with the specifications. The responsible Bidder shall have the capability in all respects to perform fully the contracts requirements, and the moral integrity and reliability of which to assure good faith performance. The responsive Bidder shall submit a bid that conforms in all material respects to the specifications without any deviations of the invitation for bids. If Notice of Award is given to the Bidder within Sixty (60) days after the time of receipt of Bids, the Bidder agrees to execute and deliver a Contract Agreement in the prescribed form and furnish the required bonds and insurance within ten (10) days after the Contract is presented for signature. Bidder hereby agrees to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the project within two-hundred ten (210) consecutive calendar days thereafter. Bidder further agrees to pay as liquidated damages, the sum of five-hundred Dollars ($500.00) for each consecutive calendar day thereafter until project completion as provided in accordance with Specifications. 10278680 City of Paducah 6/18/2021 Flood Protection Flap Gate Replacement BID PROPOSAL – BID ITEMS 00 41 13 - 2 Payments for Work Completed will be made in accordance with the Specifications. In submitting this Bid, it is understood that the right is reserved by the Owner to reject any and all Bids in accordance with the City of Paducah’s Code of Ordinances and the Specifications. BID PROPOSAL: Unit price includes costs indicated in Section 01 22 00 – Measurement and Payment. ITEM DESCRIPTION Type BATTER ANGLE UNIT QTY STATION PLAN SET PAGE UNIT PRICE TOTAL ITEM AMOUNT 1. Flap Gate - 60” F25 2.5° EA 1 200+58A 01C-04 $ $ 2. Sluice Gate - 15” S25 - EA 1 187+49A 01C-04 $ $ 3. Flap Gate - 60” F55 2.5° EA 6 157+63A 01C-05 $ $ 4. Flap Gate - 24” F25 5° EA 1 151+25A 01C-05 $ $ 5. Flap Gate - 24” F25 5° EA 1 147+25A 01C-05 $ $ 6. Flap Gate - 24” F25 5° EA 1 144+00A 01C-05 $ $ 7. Flap Gate - 16” F25 5° EA 1 140+45A 01C-05 $ $ 8. Flap Gate - 30” F25 5° EA 1 130+00A 01C-06 $ $ 9. Flap Gate - 72” F55 2.5° EA 1 111+67A 01C-06 $ $ 10. Flap Gate - 24” F55 5° EA 1 84-00A 01C-07 $ $ 11. Sluice Gate - 24” in MH S55 - EA 1 175+40B 01C-09 $ $ 12. Sluice Gate - 24” in MH S25 - EA 1 161+66B 01C-09 $ $ 13. Sluice Gate - 18” in MH S25 - EA 1 149+69B 01C-09 $ $ 14. Sluice Gate - 30” in MH S25 - EA 1 145+92B 01C-09 $ $ 15. Sluice Gate - 24” in MH S55 - EA 1 145+61B 01C-09 $ $ 16. Flap Gate - 36” F25 5° EA 1 128+61B 01C-10 $ $ 17. Flap Gate - 20” in MH F25 5° EA 1 123+61B 01C-10 $ $ 18. Sluice Gate - 24” in MH S25 - EA 1 119+45B 01C-10 $ $ 19. Flap Gate - 24” in MH F55 5° EA 1 115+26B 01C-10 $ $ 20. Flap Gate - 54” in MH F55 2.5° EA 1 108+58B 01C-10 $ $ 21. Sluice Gate - 36” in MH S25 - EA 1 90+36B 01C-11 $ $ 22. Flap Gate - 18” F25 5° EA 1 80+00B 01C-11 $ $ 23. Flap Gate - 8”, Outfall Pipe, and Headwall F25 5° EA 1 74+40B 01C-11 $ $ 10278680 City of Paducah 6/18/2021 Flood Protection Flap Gate Replacement BID PROPOSAL – BID ITEMS 00 41 13 - 3 ITEM DESCRIPTION TYPE BATTER ANGLE UNIT QTY STATION PLAN SET PAGE UNIT PRICE TOTAL ITEM AMOUNT 24. Flap Gate - 30” in MH F55 5° EA 1 69+86B 01C-12 $ $ 25. Flap Gate - 24” in MH F55 5° EA 1 57+98B 01C-12 $ $ 26. Flap Gate - 12” in MH F25 5° EA 1 28+49B 01C-12 $ $ 27. Flap Gate - 66” F55 2.5° EA 1 19+11B 01C-13 $ $ 28. Flap Gate - 18” F55 5° EA 1 7+54B 01C-13 $ $ 29. Flap Gate - 36” F55 5° EA 1 291+75C 01C-14 $ $ 30. Flap Gate - 36” F55 5° EA 1 254+06C 01C-15 $ $ 31. Flap Gate - 30” F25 5° EA 1 244+65C 01C-15 $ $ 32. Flap Gate - 36” F25 5° EA 1 224+17C 01C-16 $ $ 33. Sluice Gate - 8” and MH lid F25 - EA 1 220+00C 01C-16 $ $ 34. Flap Gate - 24” F25 5° EA 2 217+35C 01C-16 $ $ 35. Flap Gate - 36” F25 5° EA 1 206+90C 01C-16 $ $ 36. Flap Gate - 24” F25 5° EA 1 200+55C 01C-17 $ $ 37. Flap Gate - 24” F25 5° EA 1 199+80C 01C-17 $ $ 38. Flap Gate - 48” F25 2.5° EA 1 176+90C 01C-17 $ $ 39. Flap Gate - 24” F25 5° EA 1 176+47C 01C-18 $ $ 40. Flap Gate - 24” F25 5° EA 1 172+08C 01C-18 $ $ 41. Flap Gate - 48” F25 2.5° EA 1 128+80C 01C-19 $ $ 42. Flap Gate - 48” F25 2.5° EA 2 92+70C 01C-20 $ $ 43. Flap Gate - 30” F25 5° EA 1 51+28C 01C-22 $ $ 44. Bonds and Insurance - - LS 1 - - $ $ TOTAL BID $ TOTAL BID: (written bid) ADDENDUM The Bidder hereby acknowledges receipt of the following Addenda, if any, and is fully aware of the implications of the addendums on the Bid: Addendum No(s) __________________ Dated _______________________ Attachments to the Bid Proposal Required: 1. Bid Bond in the amount of 5% of the bid. 2. Bidder’s Certification Signed and Notarized. 3. All additional information as required within the Technical Specifications. 10278680 City of Paducah 6/18/2021 Flood Protection Flap Gate Replacement BID PROPOSAL – BID ITEMS 00 41 13 - 4 SUB-CONTRACTORS: Subcontractors (if any) who the Bidder proposes to use on the project shall be listed. Once the bidder's proposal has been accepted, there shall be no deviations from the list, except as requested by, or upon approval of, the Owner. COMPANY CONTACT PHONE WORK PROPOSED % PREFERENCE TO KENTUCKY BIDDERS In accordance with KRS 45A.365, prior to a contract being awarded, a resident bidder of the Commonwealth shall be given a preference against a non-resident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the non-resident bidder. Bidder is a resident of the following state: ______________________________ If Bidder is a non-resident of the Commonwealth of Kentucky, indicate if any preference is given by the resident’s state: ___________________________________ BID DOCUMENTS: Bid Documents including the Bid Guaranty, shall be enclosed in an envelope clearly labeled with the words "Bid Documents, Name of Project, Name of Bidder, and Date and Time of Bid Opening," in order to guard against premature opening of the bid. Bids received late will be disqualified and returned to the sender unopened. The Bidder herein certifies that all specifications have been reviewed and that any variations to the said specifications, including exceptions to or enhancements to same, are clearly indicated as an attachment to this bid. THE ABOVE PROPOSAL IS HEREBY RESPECTFULLY SUBMITTED BY: BIDDER: _______________________________________________________ BY: ___________________________________ DATE: __________________ TITLE: _________________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________ PHONE: _________________________ FAX: ________________________ CELL PHONE: ___________________ E-MAIL:_______________________ FEDERAL TAXPAYER IDENTIFICATION NUMBER: _____________________ KENTUCKY TAXPAYER IDENTIFICATION NUMBER: ____________________ CITY OF PADUCAH BUSINESS LICENSE NUMBER: ____________________ 10278680 City of Paducah 6/21/2021 Flood Protection Flap Gate Replacement AGREEMENT 00 52 13 - 1 SECTION 00 52 13 CITY OF PADUCAH, KENTUCKY ENGINEERING DEPARTMENT AGREEMENT FOR FLOOD PROTECTION FLAP GATE REPLACEMENT PROJECT THIS AGREEMENT, made this day of , 20__ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and __________________, hereinafter called the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Contractor agrees to furnish all of the materials and perform all of the work based upon the Drawings and Specifications entitled Flood Protection Flap Gate Replacement on the City of Paducah Flood Wall Protection System prepared by HDR, Inc., acting as, and in these Drawings, entitled the Engineer; and shall do everything required by this Agreement, the Special Provisions of the Contract, the Specifications and Drawings and any Addendum(a) issued. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Contractor hereby agrees to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the project within Two-Hundred and Ten (210) consecutive calendar days thereafter. Failure of the Contractor to complete the work in the time specified above plus any extensions allowed in accordance with the General Conditions shall result in the assessment of liquidated damages for the delay (not as a penalty). Liquidated damages shall be in the amount of $500.00 per consecutive calendar day for failure to meet the final completion date and shall be withheld from final payment. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein: ________________________________ ($__________) as quoted in the Bid Proposal by the Contractor dated ____________ which shall constitute full compensation for the work and services authorized herein. ARTICLE 4. PROGRESS PAYMENTS The Contractor may submit each month, and no more than once a month, a Request for Payment for work completed in accordance with the Specifications. The Owner will make partial payments on or about thirty (30) days after submission of a properly completed invoice and approval of the completed work. At the Engineer’s discretion, a ten percent (10%) retainage may be held until final completion and acceptance of the work. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due sixty, (60) days after substantial completion of the work, provided the work will then be fully completed and the Contract fully performed in accordance with the specifications. ARTICLE 6. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. 10278680 City of Paducah 6/21/2021 Flood Protection Flap Gate Replacement AGREEMENT 00 52 13 - 2 ARTICLE 7. THE CONTRACT DOCUMENTS The Plans, Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. CONTRACTOR CITY OF PADUCAH, KENTUCKY BY __________________________ BY ____________________________ TITLE ________________________ George P. Bray, Mayor ADDRESS: ADDRESS: _____________________________ Post Office Box 2267 ______________________________ Paducah, Kentucky 42002-2267 10278680 City of Paducah 6/21/2021 Flood Protection Flap Gate Replacement CAST IRON SLIDE GATES 40 05 58 - 1 SECTION 40 05 58 CAST IRON FLAP GATES AND SLIDE GATES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Cast iron slide gates and integral operators. 2. Cast iron flap gates and integral operators. B. Related Specification Sections include but are not necessarily limited to: 1. Division 00 - Procurement and Contracting Requirements. 2. Division 01 - General Requirements. 1.2 QUALITY ASSURANCE A. Manufacturer Qualifications: 1. All of the equipment specified under this Section shall be furnished by a single manufacturer with a minimum of 20 years’ experience designing and manufacturing flap gates and slide gates. 2. The manufacturer shall have manufactured flap gates and slide gates for a minimum of 100 projects. The specification is based on the cast iron flap gate and slide gate as manufactured by Waterman Valve, of Exeter, California. B. Referenced Standards: 1. American Water Works Association (AWWA): a. C541, Hydraulic and Pneumatic Cylinder and Vane-Type Actuators for Valves and Slide Gates. b. C542, Electric Motor Actuators for Valves and Slide Gates. c. C560, Cast-Iron Slide Gates. 2. National Electrical Manufacturers Association (NEMA): a. 250, Enclosures for Electrical Equipment (1000 Volts Maximum). 3. National Sanitation Foundation International (NSF): a. 61, Drinking Water System Components - Health Effects. 4. Society for Protective Coatings/NACE International (SSPC/NACE): a. SP 10/NACE No. 2, Near-White Blast Cleaning. 5. ASTM International (ASTM): a. A108 (2003) Steel Bars, Carbon, Cold-Finished b. A123/A123M (2002) Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products c. A126 Class B, Standards Specification for Gray Iron Castings for Valves, Flanges, and Pipe Fittings d. A153/A153M, Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware. e. A194/A 194M (2004a) Carbon and Alloy Steel Nuts for Bolts for High Pressure or High Temperature Service or Both f. A276 (2004) Stainless Steel Bars and Shapes g. A307 (2004) Carbon Steel Bolts and Studs, 60 000 PSI Tensile Strength h. A320/A 320M (2004) Alloy/Steel Bolting Materials for Low-Temperature Service i. A536 Gr. 65-45-12, Standard Specification for Ductile Iron for Pivot Lugs j. A 582/A 582M (1995b; R 2000e1) Free-Machining Stainless Steel Bars k. B21/B 21M (2001e1) Naval Brass Rod, Bar, and Shapes l. B584 (2004) Copper Alloy Sand Castings for General Applications m. B633 (1998; E 2001) Electrodeposited Coatings of Zinc on Iron and Steel n. F594(2002) Stainless Steel Nuts 10278680 City of Paducah 6/21/2021 Flood Protection Flap Gate Replacement CAST IRON SLIDE GATES 40 05 58 - 2 1.3 SUBMITTALS A. Submit the following with the Proposal: 1. Proposal Data Sheets. B. Shop Drawings: 1. See Specification Section 01 33 00 for requirements for the mechanics and administration of the submittal process. 2. Product technical data including: a. Acknowledgement that products submitted meet requirements of standards referenced. b. Flap Gates; Shop drawings shall be submitted for sluice gates and flap gates showing details for mounting, materials description, calculations (sluice gates opening and closing torque, stem buckling strength & pedestal (lift)), gate operating pedestal (lift), concrete reinforcement, anchorage, dimensions, and construction and manufacturer's installation procedures. The shop drawings shall show the clearance dimensions between stem couplings and stem guides and the end of the stem and the top of the stem cover, in both the open and closed positions of the sluice gates. Manufacturer's catalog data, including specifications and full descriptive data, shall be submitted for all materials and equipment furnished. Contractor shall be responsible for verifying that the specific manufacturers' sluice gates to be provided at the listed location will fit and function in the area available. 3. Fabrication and/or layout drawings. 4. Certifications. 5. Product technical data including: a. Acknowledgment that products submitted meet the requirements of standards referenced. b. Calculations that demonstrate compliance with the deflection, stress and factor of safety specified. c. Certified drawings and material specifications for ALL components. d. Manufacturer's installation instructions. e. Test records. C. Product Data: 1. Acknowledgement that products submitted meet requirements of standards referenced. 2. Manufacturer's installation instructions. 3. Fabrication and/or layout drawings. 4. Certifications. 5. Test reports. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Subject to compliance with the Contract Documents, the following manufacturers are acceptable: 1. Waterman Valve. 2. Hydro-Gate. 3. Fontaine. 4. Or engineered preapproved equal. 2.2 EQUIPMENT – SLIDE GATES A. Provide heavy duty gates, stems, lifts and other appurtenances of size, type, material and construction shown on the Contract Drawings and as specified herein. B. Slide gates shall be of heavy duty and medium duty type. C. Gates: Meet all requirements of AWWA C560 as modified per this Specification Section. 10278680 City of Paducah 6/21/2021 Flood Protection Flap Gate Replacement CAST IRON SLIDE GATES 40 05 58 - 3 D. To ensure quality and consistency, no third party contracted manufacturers for fabrication and assembly allowed. The manufacturing and assembly facility shall be a United States facility. E. Cast iron components shall be domestic (United States) materials F. Leakage rate not to exceed the maximum allowable leakage as stated in the AWWA C560 standard. The gates shall be adjusted at the manufacturing plant so that a 0.002” thick gauge (1/2 the required standard by AWWA) will not be admitted at any point between the frame and cover seating surfaces. 2.3 EQUIPMENT – FLAP GATES A. The flap gate shall be designed to allow free outflow and prevent backflow for a maximum seating head of either 55 feet for F55 or 25 feet for F25. B. When used for pump discharge, the unit shall be fitted with a Waterman-supplied leaf-spring bumper with rubber cushion block. C. To ensure quality and consistency, no third party contracted manufacturers for fabrication and assembly allowed. The manufacturing and assembly facility shall be a United States facility. D. Cast iron components shall be domestic (United States) materials 2.4 MATERIALS – FLAP GATES AND SLIDE GATES (REQUIRED MINIMUM) A. Frame and Cover, Flap Gates and Slide Gates – Cast Iron per ASTM- A-126, Class B. B. Flap Gate pivot Lug – Ductile Iron per ASTM A-536, Gr. 65-45-12. C. Flap Gate hinge Link – Structural Steel ASTM A-36, galvanized per ASTM-A-123 D. Flap Gate bronze Bushing and Washers – Commercial Bronze E. Flap Gate and Slide Gate, assembly Hardware, Fasteners, Anchors, and Hinge Pins – 18-8 Stainless Steel (Type 304) F. Flap Gate Naval Bronze Seats – ASTM B-21, Alloy 48200 G. Slide Gate Manganese Bronze Seats, Wedges and Stem Blocks – ASTM B584, Alloy 86500 H. Slide Gate bottom close seal Neoprene Seats – ASTM D-2000 BC610/625 I. Slide Gate pedestal Cast Iron per ASTM- A-126, Class B with polyamide epoxy finish. J. Slide Gate stem ASTM A276 Type 304 stainless steel, machine cut threads 29 degrees ACME type. K. Slide Gate stem guides Cast Iron ASTM A-126 Class B with bronze bushings or UHMW bushings. L. Slide Gate stem cover clear butyrate with Mylar strip indicator. M. All gates with C-200A epoxy coating. OPTIONAL MATERIALS N. Low-Zinc Bronze Seats – ASTM B-198, Alloy 65100 O. Ductile Iron Hinge Link – ASTM A536, Gr. 65-45-12 P. Manganese Bronze Hinge Link – ASTM B584, Alloy 86500 Q. Bronze Bushings – ASTM B-98 R. Ni-Resist Cast Iron Frame and Cover – ASTM A-436, Type 2 or 2B. 2.5 GATE OPERATORS AND LIFTS A. General: 1. Provide lifts in accordance with AWWA C560 or as modified in this Specification Section. 10278680 City of Paducah 6/21/2021 Flood Protection Flap Gate Replacement CAST IRON SLIDE GATES 40 05 58 - 4 2. Rising stem lifts: a. Provide clear butyrate plastic stem cover with Mylar strip open-close indicator. B. Manual Operators: 1. Equip lift mechanism with a pedestal as shown on Drawings. 2. Centerline of crank or handwheel: Approximately 36 IN above operating floor, unless otherwise shown. 3. Crank wheel: Removable and fitted with a corrosion resistant rotating handle. 4. Sizing SOP can be found in USCAE EM 1110-2-3105 sections 14.3.g – 14.3.i. 2.6 FABRICATION A. Flap Gate frame shall be cast of flatback design, with seating surface inclined from vertical at a minimum of 2.5 degrees for gates larger than 48 inches and 5 degrees for gates 48 inches and smaller to assure positive closure, batter in accordance with USCAE Chapter 9, Section 9.4.1.4.3 of EM 1110-2-2902. For flatback Slide Gates mounted to thimbles or flanges or concrete wall, the slide gate flange shall be machined and drilled to an alternate bolt pattern. B. Cover shall be cast iron, cast in one piece, with reinforcing ribs, designed to withstand the seating head specified. An integral cast on lifting eye shall be provided for manual operation. All machined surfaces shall have a minimum 63 micro inch finish. C. Seating surfaces for frame and cover shall be one of the following: 1. Machined iron 2. Flap gate and slide gate bronze seats impacted into dovetail grooves on the frame and cover. 3. Flap gate bronze seats impacted into dovetail grooves within the frame with optional neoprene seat bonded into a dovetail groove in the cover to cushion the cover upon closing. 4. Slide gate with bronze seats impacted into dovetail grooves in cover. When a flush bottom closure is specified, a resilient seal shall be attached to the frame so that it is flush with the gate invert. The flush bottom seal shall be supported by a cast iron or stainless-steel bracket which shall be bolted to machined pads provided on the frame. The seal shall be held in place by a bronze or stainless-steel bar which shall be bolted through the seal to the bracket with stainless steel fasteners. All wedges and wedge blocks shall be of solid corrosion resistant material and shall be of sufficient number to provide a practical degree of water tightness per AWWA C560. All wedge bearing surfaces and contact faces shall be machined to give maximum contact and wedging action. Wedges shall be fully adjustable, but once set shall not rotate or move from the set position. All wedge fasteners and adjustment screws shall be corrosion resistant. D. Flap Gate shall be provided with an adjustable, double pivoted hinge linkage so designed to permit complete seating, Pivot lugs mounted to the frame shall be adjustable to allow adjustment of hinge links without having to remove the cover from the gate. The hinge links shall be bronzed bushed stainless steel. Optional hinge links of ductile iron, stainless steel (both bronze- bushed), and manganese bronze may be specified. All assembly hardware shall be type 18-8 stainless steel, 316 or 304 as specified. E. Slide gates shall be provided with full opening and stops or other arrangement to prevent the cover from sliding sufficiently to become wedged in the open position. All assembly hardware shall be type 18-8 stainless steel, 316 or 304 as specified. F. Finish of all cast iron shall be painted with Formula C-200A, Coal-Tar -Epoxy (Black) Paint, 20 mils thick. Surfaces shall be sanded or sandblasted prior to application. C-200A shall be applied by the equipment manufacturer with a minimum of two thin coats. Structural steel hinge links shall be galvanized. All bronze and stainless-steel parts do not require further finish. 2.7 THE SOURCE QUALITY CONTROL A. Article is used to address Factory tests, inspections, and certifications required to be performed at the shop prior to shipment to site. 10278680 City of Paducah 6/21/2021 Flood Protection Flap Gate Replacement CAST IRON SLIDE GATES 40 05 58 - 5 PART 3 - EXECUTION 3.1 INSTALLATION A. Installation of the gates and appurtenances shall be done in a workmanlike manner. It shall be the responsibility of the CONTRACTOR to handle, store, and install the equipment specified in this Section in strict accordance with the Manufacturer’s recommendations. B. The CONTRACTOR shall review the installation drawings and installation instructions prior to Installing the gates. C. The CONTRACTOR shall fill any void between the guide frames and the structure with non- shrink grout as shown on the installation drawing and in accordance with the grout manufacturer’s recommendations. D. Waterman recommendations a spring bumper for flap gates in a pump discharge application. 3.2 FIELD QUALITY CONTROL A. Employ and pay for services of equipment manufacturer's field service representative(s) to: 1. Inspect equipment covered by this Specification Section. 2. Supervise adjustments and installation checks. 3. Provide test equipment, tools, and instruments necessary to accomplish equipment testing. 4. Conduct initial start-up of equipment, perform operational checks, and supervise acceptance testing. 5. Provide, through Contractor, a written statement that manufacturer's equipment has been installed properly, started up and is ready for operation by Owner's personnel. 6. Instruct Owner's personnel on operation and maintenance of furnished equipment. B. Field Leakage Test for Cast Slide Gates: Test gate under design seating head by 0.004” gauge and adjust to not exceed maximum leakage rate specified, per AWWA C560 standard. END OF SECTION 01C-02 02_GEN NOTES NTS GENERAL NOTES 1 06/03/2021 SUBMITTED FOR BID 1 A B C 2 3 4 5 6 7 8 D ISSUE DATE DESCRIPTION PROJECT MANAGER PROJECT NUMBER FILENAME SCALE SHEET 10278680 DESIGNED DRAWN QA/QC Lorie Lightfoot for the City of Paducah FLAP GATE REPLACEMENT FLOOD PROTECTION Doug Hawes Doug Hawes 24549 HAWES DOUGLAS B.YK CUTNEK FO ETAT SREENIGNE LANO ISS EFORPDESNECIL 06/14/2021 Kyle Guthrie NTS 03_REHAB SUM 01C-03a SECTION A REHABILITATION SUMMARY 1 06/03/2021 SUBMITTED FOR BID 1 A B C 2 3 4 5 6 7 8 D ISSUE DATE DESCRIPTION PROJECT MANAGER PROJECT NUMBER FILENAME SCALE SHEET 10278680 DESIGNED DRAWN QA/QC Lorie Lightfoot for the City of Paducah FLAP GATE REPLACEMENT FLOOD PROTECTION Doug Hawes Doug Hawes 24549 HAWES DOUGLAS B.YK CUTNEK FO ETAT SREENIGNE LANO ISS EFORPDESNECIL 06/14/2021 Kyle Guthrie NTS 03_REHAB SUM 01C-03b SECTION B REHABILITATION SUMMARY 1 06/03/2021 SUBMITTED FOR BID 1 A B C 2 3 4 5 6 7 8 D ISSUE DATE DESCRIPTION PROJECT MANAGER PROJECT NUMBER FILENAME SCALE SHEET 10278680 DESIGNED DRAWN QA/QC Lorie Lightfoot for the City of Paducah FLAP GATE REPLACEMENT FLOOD PROTECTION Doug Hawes Doug Hawes 24549 HAWES DOUGLAS B.YK CUTNEK FO ETAT SREENIGNE LANO ISS EFORPDESNECIL 06/14/2021 Kyle Guthrie NTS 03_REHAB SUM 01C-03c SECTION C REHABILITATION SUMMARY 1 06/03/2021 SUBMITTED FOR BID 1 A B C 2 3 4 5 6 7 8 D ISSUE DATE DESCRIPTION PROJECT MANAGER PROJECT NUMBER FILENAME SCALE SHEET 10278680 DESIGNED DRAWN QA/QC Lorie Lightfoot for the City of Paducah FLAP GATE REPLACEMENT FLOOD PROTECTION Doug Hawes Doug Hawes 24549 HAWES DOUGLAS B.YK CUTNEK FO ETAT SREENIGNE LANO ISS EFORPDESNECIL 06/14/2021 Kyle Guthrie NTS 24 DETAILS 01C-24a SHEET KEYNOTES 1. 1 PIPE HEADWALL AND FLAP GATE 2. 2 2 HEADWALL EXIST. WALL PIPE SECTION FLAP GATE & FLAP GATE SECTION & DETAIL MISCELLANEOUS DETAILS 1 2 3 4 STEEL EPOXY ANCHORS. GATES ATTACHED TO HEADWALL WITH NEW 316 STAINLESS SHALL BE REMOVED AND REPLACED WITH NEW FLAP THE FLAP GATES LOCATED ON THE EXISTING HEADWALL, WITH WATER TIGHT, NON SHRINK GROUT. AFTER INSTALLATION OF NEW FLAP GATE, FILL VOID SPACE REMOVAL WITH HIGH STRENGTH 5000 psi HYDRAULIC GROUT. REPLACE CONCRETE DAMAGED FROM EXISTING FLAP GATE BOLT PATTERN WITH NEW FLAP GATES. EPOXY OR CUT FLUSH WITH HEADWALL. USE ALTERNATE EXISTING BOLTS ARE TO BE REMOVED AND FILLED WITH 5 DEGREES FOR GATE DIAMETERS 48" OR GREATER. 2.5 DEGREES FOR GATE DIAMETERS LESS THAN 48" AND WITH CHAPTER 9, SECTION 9.4.1.4.3 OF EM 1110-2-2902; FLAP GATES TO HAVE A BATTER ANGLE IN ACCORDANCE 3. 4. 1 06/03/2021 SUBMITTED FOR BID 1 A B C 2 3 4 5 6 7 8 D ISSUE DATE DESCRIPTION PROJECT MANAGER PROJECT NUMBER FILENAME SCALE SHEET 10278680 DESIGNED DRAWN QA/QC Lorie Lightfoot for the City of Paducah FLAP GATE REPLACEMENT FLOOD PROTECTION Doug Hawes Doug Hawes 24549 HAWES DOUGLAS B.YK CUTNEK FO ETAT SREENIGNE LANO ISS EFORPDESNECIL 06/14/2021 Kyle Guthrie NTS 24 DETAILS 01C-24b LEGEND 1.REMOVE HAND OPERATED GATE HOIST. 2. 3.REMOVE STEM AND ASSOCIATED GUIDES, COUPLINGS. 4.REMOVE GATE FRAME AND ALL ASSOCIATED PARTS. B A A B 1 2 4 44 3 3 1 2 PIPE EXIST. PIPE EXIST. PIPE EXIST. EXIST. REMOVE GATE. OUTFALL TOP OF SLABTOP OF SLAB EXIST. OUTFALL PIPE EXIST.PIPE EXIST. PIPE EXIST. DEMOLITION SHEET KEYNOTESSHEET KEYNOTESSHEET KEYNOTES 2 GATEWELL SECTION GATEWELL SECTION 01C-24b 01C-24b GATEWELL PLAN GATEWELL SLUICE GATE DEMOLITION MISCELLANEOUS DETAILS 1 06/03/2021 SUBMITTED FOR BID 1 A B C 2 3 4 5 6 7 8 D ISSUE DATE DESCRIPTION PROJECT MANAGER PROJECT NUMBER FILENAME SCALE SHEET 10278680 DESIGNED DRAWN QA/QC Lorie Lightfoot for the City of Paducah FLAP GATE REPLACEMENT FLOOD PROTECTION Doug Hawes Doug Hawes 24549 HAWES DOUGLAS B.YK CUTNEK FO ETAT SREENIGNE LANO ISS EFORPDESNECIL 06/14/2021 Kyle Guthrie NTS 24 DETAILS 01C-24c 1.PROVIDE STEM COVER CLEAR BUTYRATE WITH OPEN, CLOSED, 1/4, 1/2, AND 3/4 DECAL. 2. 3. FABRICATED ASTM A36 STEEL FLOORSTAND, PRIME AND FINISH C200A EPOXY. 4. 5. BRONZE THRUST NUT WITH 316L LOCKING BOLT. DIA. ANCHORS AND MIN. EMBEDMENT PER MANUFACTURER REQUIREMENTS. USE NUTS FRONT AND BACK OF FRAME TO MOUNT AND ADJUST BEFORE GROUT AT MINIMUM. B A TOP OF SLAB EXIST. OUTFALL PIPE EXIST.PIPE EXIST. PIPE EXIST. 4PIPE EXIST. PIPE EXIST. EXIST. OUTFALL EXIST. PIPE 1 SHEET KEYNOTESSHEET KEYNOTESSHEET KEYNOTES A A GATEWELL SECTION B GATEWELL SECTION 01C-24c 01C-24c & TOP, AND NEOPRENE FLUSH BOTTOM. C200A EPOXY COATING. 22 4 3 5 3 5 GATEWELL SLUICE GATE REPLACEMENT MISCELLANEOUS DETAILS GATEWELL PLAN FABRICATED SLUICE GATE WITH UHMW/NEOPRENE SEALS, SIDES ARE MET IF ALTERNATE MANUFACTURER IS SUBMMITED. TO VERIFY THAT DIMENSIONS AND PERFORMANCE STANDARDS SECTION 2.1.A. IT IS THE RESPONSIBILITY OF THE CONTRACTOR MANUFACTURERS ARE ALLOWED IN ACCORDANCE WITH 40 05 58 DEVELOPED IN CONJUNCTION WITH WATERMAN. ALTERNATE DESIGN AND DETAILS FOR FLAP AND SLUICE GATES WERE NOTE: 1 06/03/2021 SUBMITTED FOR BID 1 A B C 2 3 4 5 6 7 8 D ISSUE DATE DESCRIPTION PROJECT MANAGER PROJECT NUMBER FILENAME SCALE SHEET 10278680 DESIGNED DRAWN QA/QC Lorie Lightfoot for the City of Paducah FLAP GATE REPLACEMENT FLOOD PROTECTION Doug Hawes Doug Hawes 24549 HAWES DOUGLAS B.YK CUTNEK FO ETAT SREENIGNE LANO ISS EFORPDESNECIL 06/14/2021 Kyle Guthrie Agenda Action Form Paducah City Commission Meeting Date: July 27, 2021 Short Title: Approve a Zoning Text Amendment for New Land Uses - J SOMMER Category: Ordinance Staff Work By: Nicholas Hutchison, Josh Sommer Presentation By: Josh Sommer Background Information: This text amendment is proposed to allow Short-term Rentals and Cottage Homes, among other regulation changes and land uses. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: It aligns with the Southside enhancements as time/ cost barriers are proposed to be eliminated from constructing homes smaller than 850 square feet on appropriate lots. The ability for food stuffs, fruits, vegetables and the like to be sold outside a business (such as from a truck or cart) can also help the Southside in that food choice and food options could be diversified. This text amendment also aligns with the Housing priority as more affordable housing can be created throughout the City. Allowing multi-family housing density to be directed by the Kentucky Building Code also falls under housing (which the Jetton Schoolhouse is a prime example). Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: Approval Attachments: 1.Staff Report - Land Uses 2.ORD 126 Zoning Text Amendment 3.Signed Resolution - new land uses updated TEXT AMENDMENT PADUCAH BOARD OF COMMISSIONERST CASE NO.TXT2021-0038 TITLE Changes to Definitions, Lots and District Regulations. SECTIONS Section 126-3. Definitions Section 126-64. Lots (a) Reduction of lot size. (b) Multiple principal structures on a lot. (d) Existing lots. (e) Variances to setback lines. Section 126-102. Low Density Residential Zone, R-1 (1) Principal permitted uses (2) Single-family dwellings (3) Two (2) family dwellings (4) Conditionally permitted uses (5) Multifamily dwellings Section 126-103. Low and Medium Density Residential Zone, R-2 (a) Principal permitted uses (b) Conditionally permitted uses (c) Single-family dwellings (d) Two (2) family dwellings (e) Multifamily dwellings Section 126-104. Medium Density Residential Zone, R-3 (a) Principal permitted uses (b) Conditionally permitted uses (c) Single-family dwellings (d) Two (2) family dwellings (e) Multifamily dwellings and townhouses (f) Public parking areas (g) Assisted care unit Section 126-105. High Density Residential Zone, R-4 (1) Principal permitted uses (2) Conditionally permitted uses (3) Single and two (2) family dwellings (4) Multifamily dwellings and townhouses Section 126-106. Convenience & Service Zone, B-1 (1) Principal permitted uses (2) Conditionally permitted uses STAFF REPORT (continued) page 2 of 45 (3) Minimum yard requirements (6) Accessory buildings (8) Setback requirements for business zones facing R-1 or R-2 residential zones (10) Cottage home standards Section 126-107. Downtown Business Zone, B-2 (1) Principal permitted uses (2) Minimum lot area and yard requirements (5) Minimum sight distance Section 126-108. Downtown Business Townlift Zone, B-2-T (1) Principal permitted uses (2) Lot area and yard requirements (3) Building height (4) Parking regulations (5) Minimum sight distance (6) Ground floor use Section 126-109. General Business Zone, B-3 (1) Principal permitted uses (5) Screening requirements Section 126-110. Light Industry Zone, M-1 (1) Principal permitted uses (2) Conditionally permitted uses (6) Parking requirements Section 126-111. Heavy Industrial Zone, M-2 (1) Principal permitted uses Section 126-112. High Density Industrial zone, M-3 (1) Principal permitted uses (5) Parking requirements (6) Maximum lot coverage Section 126-113. Conservancy Zone, C-1 (1) Principal permitted uses (2) Conditionally permitted uses (3) Review and approval of plans Section 126-114. Civic Center Zone, A-1 (1) Principal permitted uses (3) Minimum area requirements (4) Maximum height Section 126-115. Historic Zones, H-1 and H-2 (a) Use provisions for Historical Commercial Zone, H-1 STAFF REPORT (continued) page 3 of 45 (b) Use provisions for Historical Neighborhood Zone, H-2 Section 126-116. Highway Business District, HBD (1) Permitted uses (2) Area regulations Section 126-117. Planned Office Park, POP (a) Intent (b) Principal permitted uses (c) Accessory uses (d) Conditionally permitted uses (e) Minimum lot requirements (f) Minimum yard requirements (g) Open space (h) Parking requirements (i) Reserved (j) Landscaping (k) Minimum area Section 126-118. Mixed Use District, MU (a) Intent (b) Permitted uses (c) Site development regulations Section 126-119. Hospital Medical Zone, MU (1) Principal permitted uses (2) Accessory uses (3) Development plan required (4) Yard requirements (6) Parking (7) Density Section 126-120. Neighborhood Services Zone, NSZ (1) Principal permitted uses (2) Conditional permitted uses (3) Height regulations (4) Setbacks (5) Additional regulations (6) Plan approval required for new/infill construction and for changes in exterior appearance Section 126-121. Neighborhood Commercial Corridor Zone, NCCZ (a) Principal permitted uses (b) Plan approval (c) Building material STAFF REPORT (continued) page 4 of 45 PROCEDURAL NOTE Text amendments are first heard before the Paducah Planning Commission at a public hearing, pursuant to KRS 100.211 (2). The Planning Commission made a positive recommendation to the Board of Commissioners at the July 8, 2021 meeting. CONSIDERATIONS This proposed amendment would define and permit cottage homes, colloquially known as “tiny homes”. These types of homes could be a minimum of 140 square feet and would be permitted in the B-1 Convenience & Service Zone and higher-intensity zones. The maximum lot size they could be permitted on is 7,999 square feet (as 8,000 square feet is considered a standard building lot) and the minimum is 2,250 square feet. A manufactured home, mobile home, camper or recreational vehicle is explicitly not considered to be a cottage home. Nor shall storage buildings, garages, shipping containers or sheds be considered to be cottage homes. They must be stick-built or modular construction on permanent foundations. A cottage home community can be constructed on a single lot, provided density is maintained, 20% of the total area is open space and a site plan is submitted and approved. This amendment would define and allow short-term rentals and special event short-term rentals. A short-term rental is a dwelling or room that is rented less than 30 consecutive days. Typically, these types of rentals are found on platforms such as Airbnb and Vrbo. The defined (d) Commercial/ residential structure setbacks (e) Height regulations (f) Parking regulations (g) Square footage bonuses (h) Additional regulations. DESCRIPTION Text amendment to provide for: Allowing short-term rentals and special event short-term rentals. Regulations for cottage homes Allow outdoor sales of food stuffs and garden implements The ability to construct single-family homes on substandard lots provided setbacks and floor area ratios are met Remove redundant language Allow multi-family structure density to be determined by the Kentucky Building Code in commercial and industrial zones Allow seasonal fireworks tents in the B-3 Zone and in higher-intensity zones Allow commercial uses only in the front 2/3 of the ground floor of buildings in the H-1 Historic Commercial Zone STAFF REPORT (continued) page 5 of 45 difference between a short-term rental and a special event short-term rental is that a special event short term rental is rented for less than seven days and only shall be permitted to happen twice a year; whereas a standard short-term rental can be on-going as long as their permit is followed. Special event short-term rentals usually spike during special events, such as Quilt Week or Barbeque on the River. Due to the low impact of special event short term rentals, they are proposed in every zone in the City. However, due to the more intense nature of a standard short-term rental, they are proposed to be conditional uses in the R-2 (Low and Medium Density Residential Zone), R-3 (Medium Density Residential Zone), POP (Planned Office Park) and NSZ (Neighborhood Services Zone). Short-term rentals are proposed to be permitted as a principal use in the R-4 High Density Residential Zone and in the higher-intensity zones thereafter. Short- term rentals are not proposed to be located in any R-1 Low Density Residential Zone. Other significant changes to the zoning ordinance include: The ability to construct a single-family home on a smaller building lot than 8,000 square feet provided setbacks are met and the floor-to-area ratio is not less than 10%. This change would give a home builder the ability to construct a home without the necessity of a variance, which saves a builder time and money. This ability could be particularly useful in the Southside redevelopment area, where many lots are smaller than 8,000 square feet. Allow the outdoor sale of food items, vegetables, fruits and garden implements. Currently, all retail must take place indoors. However, it is commonplace for businesses to sell merchandise outside that directly relates to food production and gardening. This text amendment would give the ability to businesses to sell these types of products outdoors, provided they are in front of a bona-fide business, as opposed to a roadside stand which would only be allowed in the Highway Business District. Allow multi-family structure density to be determined by the Kentucky Building Code in the B-1 Convenience & Service Zone and in higher-intensity zones. This amendment would help to increase the population of the City and give multi-family developers more choice and flexibility in considering new projects. For example, rezoning the Jetton Schoolhouse from R-3 to B-3 provided an increase of 31 dwelling units. Allow seasonal fireworks tents in the B-3 General Business Zone and in higher-intensity zones. Allow only commercial uses in the front 2/3 of the ground floor of buildings in the H-1 Historic Commercial Zone. This text amendment would reflect the current regulations along Broadway in the B-2-T Zone. Residential uses could be permitted in the rear 1/3 of the ground floor and any floors above or below the ground floor. This amendment would facilitate an active streetscape. TEXT AMENDMENT The proposed amendment is as follows: STAFF REPORT (continued) page 6 of 45 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 rise 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 counted considered as part of the principal building. Local public utility, communication, electric distribution, and secondary power lines, gas lines, water lines, and sewer lines, their supports and poles, guy-wires, small transformers, wires, or cables and incidental equipment and public telephone booths are considered accessory buildings or structures. Accessory living quarters means living quarters within an accessory building, for the sole use of persons employed on the premises, such as quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling. 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 HBD Zone HBZ classifications. Automobile service station means an establishment with the primary business function of the retail sale of gasoline for passenger car 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 a right-of-way the terminus of a dead-end street or city the City boundary, measured along the street line. Board means the City of Paducah City Board of Adjustment, Paducah, 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, or 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. STAFF REPORT (continued) page 7 of 45 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, or to the deck line of a mansard roof, or to the mean height level between eaves and ridges for gable and & hip or gambrel roofs. 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. Where a substantial part of an accessory building is attached to the principal building in a substantial manner as by a roof, such accessory building will be counted as a part of the principal building. 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. Campground means any area or tract of land used to temporarily accommodate two (2) or more camping parties, including cabins, tents, house trailers, or other camping outfits. 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. STAFF REPORT (continued) page 8 of 45 2. A statement of the specific conditions which must be met in order for the use to be permitted. Convalescent or 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. Corporation Counsel means the Corporation Counsel of the City or any assistant or special corporation counsel of the City. Cottage home means a structure of not less than one hundred forty (140) square 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 placed on lots smaller than eight thousand (8,000) square feet. County means the County of McCracken County, Kentucky. Court Courtyard 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. Court, inner, means any court other than an outer court. The width of an inner court is its least horizontal dimension measured between opposite walls. The length of an inner court is its greatest horizontal dimension measured at right angles to its width. Court, outer, means a court which opens on any yard on the lot or which extends to any street line of the lot. The width of any outer court is its least horizontal dimension measured between opposite walls. The depth of any outer court is its greatest horizontal dimension measured at right angles to its width. 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 (1) family and multiple dwellings 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 are shared common areas for reception, recreation, living, cooking, laundry and the like. The unit dwelling is further signified by the presence of an employee(s) that provides various services such as housekeeping, maintenance, STAFF REPORT (continued) page 9 of 45 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, one (1) single-family, means a building used for residential occupancy by one (1) family. Dwelling, two (2) family 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, public, parochial or private school; a high school, preparatory school or academy, that is public or founded, or owned or conducted by or under the sponsorship of a religious or charitable organization,; 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 Inspector 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 manmade structure consisting of wood, metal, wire, mesh, masonry or other manmade 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 main 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 rented 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 herein as a private garage, used for the storage or care of motor vehicles, or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale. STAFF REPORT (continued) page 10 of 45 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 wall 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 or profession 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 includes a sanitarium, preventorium and 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, or glare, odor, noise or vibration which may be heard and/or felt off the premises, and those industries which constitute a fire or explosion hazard. 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 noncommercial 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 STAFF REPORT (continued) page 11 of 45 exhibiting) or for guarding or protecting the householder's property is permitted in residential zoning districts zones, provided that such dogs or small animals do not constitute a nuisance to the neighborhood. Loading and unloading berths means the off-street area required for the receipt of or distribution by vehicles of material or merchandise, which in this chapter is held to be a twelve (12) foot by fifty (50) foot loading space with a fourteen (14) foot height clearance, paved with a suitable dust preventative or hard surface. Lodginghouse 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. The word "lot" includes the word "plot" 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. Lot 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 wall approximately parallel to and not more than five (5) feet from a street is to be considered as adjoining the street. Lot, interior, means a lot other than a corner or through lot. Lot line, front, means, in the case of an interior lot,; a line separating the lot from the street or place ingress/ egress easement and, in the case of a corner lot,; the line designated in by deed, plat or subdivision requirements or, if no such requirements are provided, the line designated by the property owner at the time he seeks a building permit on the lot. 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 lot 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 STAFF REPORT (continued) page 12 of 45 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. Occupied, as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied." Parking area, public, means an open off-street area, other than a street or alley, designed for use or used for the temporary parking of four (4) or more 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, or 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 businesses offering services such as barbershops, beauty shops, laundromats, laundry and dry cleaning dry-cleaning pickup and delivery stations (but excluding actual laundry operations), and similar uses. Place means an open, unoccupied officially designated space other than a street or alley, permanently reserved for use as the principal means of access to abutting property. 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 STAFF REPORT (continued) page 13 of 45 not more than eight (8) feet on center on-center. The low-level screen shall consist of evergreen shrubs having an initial height aboveground above ground when planted of not less than two (2) feet and spaced at intervals of not more than four (4) feet on center 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 necessary to prevent 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 (7) 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 kind of obstruction to vision between the heights of two and one-half (2 ½) 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,; 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. Tourist home means a building in which more than one (1) but not more than five (5) guest rooms are used to provide or offer overnight accommodations for transient guests for compensation. Townhouse means a single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent building and/or buildings by party walls or are located immediately adjacent thereto with no visible separation between walls or roofs; all of which dwellings may be located on individual and separate lots if individually owned or upon a single lot if under common ownership. Each townhouse unit shall be capable of separate ownership. The construction of a townhouse structure across an existing lot line shall not be deemed to abrogate that line. Townhouse structure means a building consisting of two (2) or more noncommunicating attached one- family units placed side by side, having a common wall between each adjacent dwelling unit. STAFF REPORT (continued) page 14 of 45 Side lot line requirements of a townhouse structure shall apply only at the extreme ends of such structure. 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,; 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, as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied." 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. Vision clearance on corner lot means a triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of two and one-half (2 ½) 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. Wall, retaining means a physical barrier necessary to prevent the erosion and/or deterioration of an established elevation. 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 structures appurtenances, and 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 which is the least distance between the rear lot line and the parallel line. STAFF REPORT (continued) page 15 of 45 Yard, side, means a yard bounded by the rear yard, the front yard, the side lot line and the principal building. Zoning map or map 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 family 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. Accessory structures may potentially be located on adjacent lots of the same ownership as stipulated in section 62-76. When more than one (1) principal structure of different use types to be constructed on the same lot is proposed, multiple principal structures may be allowed as provided for in section 62-178 126-176 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 enactment of this article, if 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 dimensional requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit a structure of acceptable size to be built upon the lot. Only single-family dwellings shall be constructed under this provision and shall be 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. The following uses are permitted in an R-1 Zone: a. Single-family dwellings; b.Two (2) family Two-family dwellings and townhouses with no more than two (2) attached units per townhouse; c. Park, playground or community center owned and operated by a governmental agency.; d. Special event short-term rentals. STAFF REPORT (continued) page 16 of 45 (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 front-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.Accessory buildings accessory building shall be erected within eight (8) feet of any side lot line and no separate accessory building shall be erected within five (5) feet of any other building or structure. Rear setbacks do not apply to accessory buildings. However, no accessory building or structure shall be allowed in a front yard. e.Parking shall be per section 126-71 (d), (g) (3). Additionally, there shall be no more than four (4) vehicles parked in any front yard. And: 1. All parking shall be minimally semi-improved 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 an 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) family Two-family dwellings and townhouses with no more than two (2) attached units per townhouse. a.Minimum yard requirements. 1. Front yard: Forty (40) feet. 2. Side yard: Eight (8) feet. STAFF REPORT (continued) page 17 of 45 3. Rear yard: Twenty-five (25) feet. b. Minimum area requirements. 1. Minimum lot area per unit: 7000 Seven thousand (7,000) square feet per unit. 2. Minimum lot width: Seventy-five (75) feet (per structure). c. Maximum building height: Thirty-five (35) feet. d. Accessory buildings. Same as subsection (2) (e) of this section. e.d. Parking shall be per subsection (2) (f e) of this section. (4)Conditionally permitted uses. a.Multifamily Multi-family dwellings; b.Daycare nurseries; c.Home occupations; d.Townhouses with more than two (2) attached units; e.d. Places of worship. (5)Multifamily Multi-family dwellings (conditionally permitted use, only). a.Minimum yard requirements. 1. Front yard: Forty (40) feet. 2. Side yard, each side: Eight (8) feet. 3. Rear yard: Twenty-five (25) feet. b. Minimum lot 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 feet per unit. 2. Minimum lot width: Seventy-five (75) feet. c. Maximum building height. None. d. Accessory buildings. See subsection (2) (e) of this section. (6)Daycare nurseries. a.Minimum lot area: One hundred (100) square feet per child. b.Minimum yard requirements: The requirements of the zone apply to the project where located. c.A four (4) foot wire mesh fence, or other appropriate fence as may be required by the Board of Adjustment, shall enclose the entire play area. d.Parking requirements. See section 126-71. Sec. 126-103 Low and Medium Density Residential Zone, R-2. a. 1. Principal permitted uses. The following uses are permitted in the R-2 Zone: 1. a. Single-family dwellings. 2. Two (2) family b. Two-family dwellings and townhouses with no more than two (2) attached units per townhouse. 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. The following uses are special exceptions and require written approval of the Board of Adjustment: STAFF REPORT (continued) page 18 of 45 1. a. Daycare nurseries; 2. b. Home occupations; 3. Multifamily dwelling c. Multi-family dwellings; 4. d. Bed and breakfast.; 5. e. Places of worship. 6. f. Short-term rentals c.3. Single-family dwellings. 1. 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. 2. b. Minimum yard requirements. a. 1. Front yard: Twenty-five (25) feet. b. 2. Side yard, each side: Six (6) feet. c. 3. Rear yard: Twenty-five (25) feet. 3. c. Minimum lot 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. 5. Accessory buildings. No accessory building shall be erected within six (6) feet of any side lot line and no separate accessory building shall be erected within five (5) feet of any other building or structure. Rear setbacks do not apply to accessory buildings. However, no accessory building or structure shall be allowed in a front yard. 6. e.Parking shall be per section 126-102 (2) (f e). (d)Two (2) family 4. Two-family dwellings. 1. a.Minimum yard requirements. a. 1.Front yard: Twenty-five (25) feet. b. 2. Side yard, each side: Six (6) feet. c. 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). 3. c.Maximum building height: Thirty-six (36) feet. 4. Accessory buildings. Same as subsection (3) (e) of this section. 5. d.Parking shall be per section 126-102 (2) (f e). e. 5.Multifamily Multi-family dwellings. 1. a.Minimum yard requirements. a. 1.Front yard: Twenty-five (25) feet. b. 2.Side yard: Six (6) feet. c. 3.Rear yard: Twenty-five (25) feet. 2.b.Minimum area requirements. a. 1.Minimum lot area per unit: Three (3) or more units, four Four thousand (4,000) square feet per unit. b. 2.Minimum lot width: Seventy-five (75) feet. STAFF REPORT (continued) page 19 of 45 3. c.Maximum building height. None. 4. Accessory buildings. Same as subsection (3) (e) of this section. 5. Parking requirements. Same as section 126-102 (2) (f). Sec. 126-104. Medium Density Residential Zone, R-3. a. 1. Principal permitted uses. 1. a. Single-family dwellings. 2. Two (2) family b. Two-family dwellings and townhouses with no more than two (2) attached units per townhouse. 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. The following uses are special exceptions and require written approval of the Board of Adjustment: 1. a. Home occupations; 2. b. Daycare nurseries; 3. c. Mobile home parks; 4. Multifamily dwellings d. Multi-family dwellings; 5. e. Assisted care dwellings; 6. f. Bed and breakfast; 7. g. Places of worship. 8. h. Short-term rentals c. 3. Single-family dwellings. 1. 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. c. 3. Rear yard: Twenty-five (25) feet. 3. c. Minimum lot 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. Accessory buildings. Same as section 126-103 (c) (5) . 6. e. Parking shall be per section 126-102 (2) (f e). d.Two (2) family 4. Two-family dwellings. 1. a. Minimum yard requirements. a. 1. Front yard: Twenty-five (25) feet. b. 2. Side yard: Six (6) feet. c. 3. Rear yard: Twenty-five (25) feet. 2. b.Minimum area requirements. a. 1.Minimum lot area: Four thousand (4,000) square feet per unit. STAFF REPORT (continued) page 20 of 45 b. 2.Minimum lot width: Fifty (50) feet (per structure). 3. c.Maximum building height: Thirty-five (35) feet. 4. Accessory building. Same as section 126-103 (c) (5). 5. d.Parking shall be per section 126-102 (2) (f e). e.Multifamily 5. Multi-family dwellings and townhouses. 1. a.Minimum yard requirements. a. 1.Front yard: Twenty-five (25) feet. b. 2.Side yard: Six (6) feet. c. 3.Rear yard: Twenty-five (25) feet. 2. b.Minimum area requirements. a. 1.Minimum lot area, per unit, for three (3) or more: Three thousand (3,000) square feet per unit. b. 2.Minimum lot width: Seventy-five (75) feet Sixty (60) feet. 3. c.Maximum building height. None. 4. Accessory buildings. Same as section 126-103 (c) (5). 5. Parking requirements. See section 126-102 (2) (f). f. 6.Public parking areas. 1. 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. 2. b.The public parking area shall be developed as required by sections 126-61 through section 126-76 126-71. 3. 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 126-72 126- 83. 5. 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. g. 7.Assisted care unit dwelling (conditionally permitted only) 1. a.Minimum yard requirements. a. 1. Front yard: Twenty-five (25) feet. b. 2.Side yard: Six (6) feet. c. 3.Rear yard: Twenty-five (25) feet. 2. b. Lot Minimum area requirements. a. 1.Minimum lot area: Fifteen thousand (15,000) square feet. b. 2.Minimum lot width: One hundred (100) feet. c. 3. Maximum ground floor to floor area ratio: Twenty-five (25): one (1) 3. c.Maximum building height: Thirty-five (35) feet. 4. d.Maximum pervious cover: Sixty (60) percent. 5. Accessory building. Same as section 126-103. STAFF REPORT (continued) page 21 of 45 6. e.Parking shall be per section 126-102 126-71 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. Parking shall be screened from adjoining residential property. 7. f. Landscaping and screening. 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. 8. g. Site lighting. Any outdoor light shall be directed inward to the property and there shall be no off target off-target lighting. The maximum light pole height shall be ten (10) feet. 9. Approval. Approvals per 126-75 apply to this section. 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 zone Zone; b.Multifamily Multi-family dwellings; c. Nursing homes ; d. Professional office buildings (yard requirements for office buildings shall be the same as the B-1 zone 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 zone 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 zone Zone, except home occupations shall be considered pursuant to section 126-73 of the Zoning Ordinance. STAFF REPORT (continued) page 22 of 45 All plans will be submitted to the Planning Commission prior to Board approval and the Commission shall require such conditions as are necessary to maintain the character of this zone. The Board may grant dimensional variances to businesses when lot requirements cannot be met. (3)Single- and two (2) family dwellings Single and two-family dwellings. Single-family dwellings and two (2) family two-family dwellings shall comply with the requirements of the R-3 zone Zone. (4)Multifamily Multi-family dwellings and townhouses. a. Minimum yard requirements. 1. Front yard: Twenty-five (25) feet. 2. Side yard, each side: Six (6) feet. 3. Rear yard: Twenty-five (25) feet. b. Minimum area requirements. 1. Minimum lot area, per unit: Two thousand (2,000) square feet per 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 zone Zone (except all new single-family and two-family residential structures shall comply with the R-4 zone 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 except for off-street loading and unloading: 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. STAFF REPORT (continued) page 23 of 45 3. Shoe repair shop. 4. Tailor shop. 5. 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 or service., service, refueling or washing. b.Drive-in establishments. 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 (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 district 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 district zone, 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)Accessory buildings. Accessory buildings shall be built no closer than fifteen (15) feet from any property line and no closer than ten (10) feet from any other building. (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. (8) Setback requirements for business zones facing R-1 or R-2 residential zone. a. Where a business zone faces an R-1 zone and/or an R-2 residential zone, the Planning Commission shall require a minimum front yard setback of twenty-five (25) feet. b.Screening requirements. shall be the same as section 126-72. (9)Parking requirements. See section 126-71. (7)Cottage home standards. a. Minimum yard requirements. 1. Front yard: Twenty-five (25) feet. 2. Side yard: Six (6) feet. STAFF REPORT (continued) page 24 of 45 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 (1) 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 and service;, 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 lot area and yard requirements. None. (3)Maximum building height. None. (4)Parking requirements. Parking requirements are waived for all uses in the B-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 zone Zone. Sec. 126-108. Downtown Business Townlift Zone, B-2-T. STAFF REPORT (continued) page 25 of 45 The purpose of the B-2-T Zone 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); i. 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)Lot Minimum area and yard requirements. None. (3)Building Maximum building height. None. (4)Parking regulations requirements. Parking requirements are waived for all uses in the B-2-T zone 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 sub-section subsection (1) of this section except that residential uses may be permitted on any floor above the ground floor 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 zone Zone; b. Wholesale establishments; c. Automotive equipment sales and repair; d. Laundry and dry cleaning 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. STAFF REPORT (continued) page 26 of 45 (4)Maximum building height. None. (5)Screening requirements. See section 126-72. (6)Parking requirements. See section 126-71. Sec. 126-110. Light Industry Industrial Zone, M-1. The following provisions shall apply in the M-1 Light Industry 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 following uses are special exceptions and require written approval of the Board of Adjustment. a. Any other industrial use determined to be of the same general character as the above permitted uses. b. Animal hospital or kennel, located not closer than 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. (6)Parking requirements. See section 62-61. (7 6)Maximum lot coverage. a. Principal structures: Fifty (50) percent of gross lot area. STAFF REPORT (continued) page 27 of 45 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-2, Heavy Industrial Zone, 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 (solid fence, minimum height of eight (8) feet, enclosing junkyards, in no instance shall stored materials be visible from any roadway 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 nondetrimental 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)Parking requirements. See section 126-71. (6 5)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, Industrial Zone, Zone unless otherwise provided herein. (1)Principal permitted uses. Any use permitted in the M-1 zone 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. (5)Parking requirements. Same as section 126-71. (6 5)Maximum lot coverage. Same as section 126-110 (7) None. Sec. 126-113 Conservancy Zone, C-1. It is the intent here The purpose of this zone is to establish a zone to meet the needs of the Ohio and Tennessee Rivers and their tributaries in times of flood and to prevent the undue loss of life and property by not allowing encroachment into the zone of uses which will either be damaged by flood or will increase floodwater heights. Land subject to flooding is considered to be all land below elevation 331.0, USGS Paducah. (1)Principal permitted uses. STAFF REPORT (continued) page 28 of 45 a. Open type uses such as loading and unloading areas, parking lots and gardens auxiliary to uses permitted in any adjoining district 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 district 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 following are special exceptions and require written approval of the 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 within the C-1 zone until the plans for such construction or use have been submitted to the Planning Commission and approval has been given in writing for such construction or use. b. The Commission may make its approval subject to such reasonable conditions as necessary to protect the purpose of this zone. c.Keeping in mind the stated purposes of this zone, 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 competent engineers or other technical people 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); STAFF REPORT (continued) page 29 of 45 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 rentals); 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 require changes as may be deemed necessary or desirable to insure proper design standards, to minimize traffic difficulties, to safeguard adjacent properties and to preserve the institutional character of the Civic Center Zone 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 building height. Forty-five (45) feet. Sec. 126-115. Historical Zones, H-1 and H-2. (a)Use provisions for Historical-Commercial the Historic Commercial Zone, H-1. The purpose of the H-1 zone Zone is to encourage the development, redevelopment and the preservation of the City's historical-commercial 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 Historical-Commercial H-1 Zone. (2)Minimum yard requirements. None. (3)Minimum area requirements. None. (4)Minimum Maximum building height. None. (5)Parking requirements. None. STAFF REPORT (continued) page 30 of 45 (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 Historical the Historic Neighborhood Zone, H-2. The purpose of the H-2 zone 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 zone Zone except multifamily multi-family dwellings shall be conditional uses; b. Funeral homes; c. Beauty shops and barbershops; d. Assembly building 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 and & unloading, and provided further 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 Historical Neighborhood zone 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)Dimensional requirements Minimum yard 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 b. Front yard: Twenty-five (25) feet. c. Side yard: Six (6) feet. d. Rear yard: Twenty-five (25) feet. e. Maximum building height is thirty-five (35) feet or no higher than two (2) feet taller than the tallest principal building on either side of the proposed new construction. STAFF REPORT (continued) page 31 of 45 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) (6) Screening requirements. Same as provided in section 126-83. For the purposes of screening between the H-2 zone Zone and all adjoining zones, the H-2 zone Zone shall be treated as residential property a residential zone. (5) (7) 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. (l) Appeals. Sec. 126-116. Highway Business District Zone, HBD HBZ. The intent purpose of this district 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 locations with such uses and in such a manner as to minimize traffic hazards and interference with other uses. STAFF REPORT (continued) page 32 of 45 (1)Permitted Principal permitted uses. a. Any use permitted in the B-3 Zone; b. Automobile service and repair establishments, including gasoline service stations, repair garages and automatic car-washing establishments; c. Hotels and motels; d. Recreational uses such as amusement parks, bowling alleys and roller-skating; archery ranges; miniature golf, golf-driving ranges and other similar recreational activities; e. b. Souvenir shops, roadside stands and curio shops when incidental to another permitted use;. f. Office buildings; g. Retail establishments (product processing is allowed only if the products are sold at retail on the premises); h. Restaurants and eating establishments; i. Commercial parking lots and parking garages; j. Theaters. (2)Area regulations Minimum yard requirements. The following requirements shall apply to all non- residential uses permitted in this district. All residential uses shall comply with the requirements of the R-4 zone: a. Front yard.: All buildings shall be set back from the street right-of-way line not less than fifty Fifty (50) feet, except where a parallel access road is provided with construction requirements which meet the standards of the City street plan Engineer’s office. b. Side yard.: The width of any side yard which abuts a residential district shall not be less than twenty-five (25) feet. In all other cases each side yard shall not be less than twelve (12) feet. Twelve (12) feet, except side yard that abuts a residential zone shall not be less than twenty-five (25) feet. c. Rear yard.: Each lot shall have a rear yard of not less than ten (10) feet. Ten (10) feet, except where Where 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 district zone shall not be less than thirty (30) feet. d.Lot width. Each lot shall have a width at the front building line of not less than seventy- five (75) feet. e. (3) Minimum Lot area requirements. There shall be a minimum lot area of not less than ten 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 requirements. None. g. Parking requirements. Same as section 126-71. h. (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. STAFF REPORT (continued) page 33 of 45 (a)Intent. The intent purpose of this zone is to provide adequate space for offices, communications related, educational, and research activities, and other similar development permitted uses in a park setting, designed and operated for to attract tenants who may require access to high capacity high-capacity information sharing appurtenances, transmitting, and & receiving facilities and sufficient utilities. Furthermore, the zone is intended: (1)To provide sufficient space in appropriate locations for attractive, landscaped offices; and. (2)To insure compatibility of uses and operations within the Planned Office Park District Zone. (b) 1.Principal permitted uses. (1) a. Offices for business, professional, governmental, political, 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. (6) f. Cable television signal distribution centers and studios. (7) g. Ticket and travel agencies. (8) h. Kindergarten, nurseries and day care daycare facilities. (9) i. Business colleges, technical and trade schools, educational institutions. (10) j. Hospitals. (11) k. Parks (public and private). (12) l. Research, testing and development laboratories or centers. (13) m. Production facilities (high degree of scientific input, tech). (14) n. Educational, scientific and research organizations. (15) o. Library. (16) p. Nursing Home homes. (17) q. Special event short-term rentals. (18) r. Any other similar use which, in the Planning Commission’s 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. (1) a. Offices Spaces for the limited display of merchandise. STAFF REPORT (continued) page 34 of 45 (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 following list of uses are special exceptions that will not impair the character of the district. As determined by the Board of Adjustment, these uses cannot emit onto adjacent properties an objectionable amount of hazardous and/or obnoxious emissions. These might may be, but will not be limited to,; smoke, odor, noise, glare, vibrations, etc. These uses require written approval of the Board of Adjustment. (1) a.Facilities in connection with bona fide agricultural operations. (2) b. Clubs (private and non-private public and private). (3) c. Satellite dish antennas. (4) d. Airports and heliports. (5) e. Hotels/motels or lodges with facilities specifically intended to serve the needs of the park tenants. (6) f. Drive-through facilities for the sale of goods or services otherwise permitted. (7) g. Light manufacturing and assembly operations. (8) h. Warehousing operation. (9) i. Sit-down restaurants (drive through not permitted). (10) j. Short-term rentals. (e) 4.Minimum lot yard requirements. (1) a. Minimum area: One (1) acre. Front yard: Fifty (50) feet. (2) b. Minimum frontage width: One hundred (100) feet per lot. 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). (f) 5.Minimum yard area requirements. (1) a. Front: Fifty (50) feet. Minimum lot area: One (1) acre. (2) b. Side: Thirty (30) feet. Minimum lot width: One hundred (100) feet. (3) Street side: Fifty (50) feet. (4) Rear: Fifty (50) feet. (5) Maximum coverage: Fifty (50) percent (building only, surface parking excluded). STAFF REPORT (continued) page 35 of 45 (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. (h)Parking requirements. See section 126-71. (i) 8.Landscaping. (1) 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 to subsection (j) (1) of this section, screening 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.Minimum area Amendments. Amendments to the zone map for POP districts Zones shall be: (1) a.Freestanding zones: Forty (40) acres. (2) b. Expansion of existing: No minimum. Sec. 126-118. Mixed Use District Zone, MU. (a) Intent. The purpose of this zone MU Mixed Use District is intended to accommodate projects which combine general compatible land uses into an integrated development. The MU district 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. The MU district allows for mixing residential environments with workplaces and services. Development in the MU district Zone must accommodate transportation systems, surrounding environments and pedestrian movement. For these reasons, projects constructed in an MU district this zone are subject to Planning Commission approval. (b) 1.Permitted 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. (1) Residential uses: Single-family (detached). Single-family (attached). Duplex residential. Townhouse residential. STAFF REPORT (continued) page 36 of 45 Multiple-family residential. (2) Civic uses: Administrative services. Higher education facilities. Community recreation. Cultural services. Day care. Local utility services. Park and recreation services. Postal facilities. Recreation clubs. Religious assembly. (3) Office uses: Financial services. General services. Medical services. (4) Commercial uses: Business support services. Business or trade school. Cocktail lounge. Communications services. Food sales (limited). Food sales (general). Food sales (convenience). Funeral services. General retail sales. Health club with customary indoor and outdoor facilities. Hotel/motel. Indoor entertainment. Indoor sports and recreation. Liquor sales. Outdoor sports and recreation. Personal improvement services. Personal services. Pet services. Research services. Restaurant (drive-in). Restaurant (limited). Restaurant (general). (c) 2.Site development regulations. (1) a.The minimum area of any new MU district Zone shall be three (3) acres. There shall be no minimum area of expansions of existing MU Zones. STAFF REPORT (continued) page 37 of 45 (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) c.Application for approval must include at least the following information: a. 1.A detailed site map, including: 1. 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 routes, and pedestrian systems. 5. e.Description of adjacent land uses. 6. f.Utility service to the site and easements through the site. 7. g.Description of other site features, including drainage, soils and other considerations that may affect the development of the site. b. 2.A development plan as per section 126-176. c. 3.Specific proposed site development regulations for the project, including: 1. a.Maximum floor area ratios. 2. 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 intent purpose 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 subsection (2) (e) of this section 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, and & 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. STAFF REPORT (continued) page 38 of 45 c. Medical technology and testing laboratories. d. Medical and dental related health care educational facilities and schools. e.And other 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. While section 126-3 requires accessory building uses to be on a lot with a principal use, for the purpose of this section, the following accessory uses may be on a separate lot. They may be included in the principal building, or 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.Gifts Gift and flower shops. g. Heliports. h. Hospice. i. Linen/laundry service. j. Lodging, visitor. k. Medical insurance service. l. 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. Signs, off-premise. s. Signs, premise. t. r. Temporary buildings. STAFF REPORT (continued) page 39 of 45 u. s. Uniform shops. t. Short-term rentals (includes special event short-term rentals). (3) Development Plan required. Development Plans per section 126-176 are required with such additional requirements as are included herein. (4) (3)Yard Minimum yard requirements. a.Front yard – Front yard: Fifty (50) feet, seventy-five (75) feet on arterials. b.Side yard – Side yard: Twenty-five (25) feet. c.Rear yard – 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. Parking shall be per section 126-71. Calculation of required numbers shall be by cumulatively adding the required spaces by use. Alternatively, with an approved development plan, an applicant may substitute ratios and calculations through submission of a professionally prepared parking study. (7 6) Density. The Floor to Area Ratio floor area ratio (FAR) shall not exceed two (2.0): one (1). 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. Additionally, it is the purpose of this district to allow for home based commercial activity that closely reflects the community character. (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.Two (2)-family Two-family dwellings and townhouses with no more than two (2) attached units per townhouse. 1. Minimum lot area: Four thousand (4,000) square feet per unit. 2. Minimum lot width: Thirty (30) feet per 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. STAFF REPORT (continued) page 40 of 45 2)Conditional Conditionally permitted uses. The following uses are special exceptions and shall require written approval from the Board of Adjustment Historical and Architectural Review Commission: a.Multifamily Multi-family dwellings. 1. Minimum lot area per unit: Three (3) or more units, three thousand (3,000) square feet per unit. 2. Minimum lot width: Seventy-five (75) feet Sixty (60) feet. b. Home occupations. c. Professional offices. d.Day care Daycare nurseries. e. Beauty shops and barbershops. f. Florist shops. 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. Restaurant’s (excluding drive-thru); 4. Any other use not listed which, in the Commission's HARC’s opinion, would be compatible with the above uses. 3.Height regulations. The following height regulations shall apply to buildings and structures within the Neighborhood Services Zone: a. Minimum height: None b. Maximum height: Thirty-six (36) feet, however, additional feet may be allowed with design approval from the HARC based on the scale of adjacent structures. 4) Setbacks. 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: STAFF REPORT (continued) page 41 of 45 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. 5) 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 requirements. Same as shall be per 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 Neighborhood Services Zone NSZ pursuant to KRS 82.026 and 100.217. e. Accessory structures. Same as section 126-86. 6. 7) Plan approval required for new/infill 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 Neighborhood Services Zone 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 Neighborhood Services Zone 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. i. 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 STAFF REPORT (continued) page 42 of 45 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.Trees. 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.Repainting. Changing the color of a surface that has already been painted can be approved administratively. E.Fences. 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 demolition control zone Demolition Control Zone can be approved administratively. b.Applications for a Certificate of Zoning Compliance. 1. Applications for a certificate of zoning compliance 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 certificate of zoning compliance 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 Neighborhood Services Zone 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 including the enhanced property maintenance standards. STAFF REPORT (continued) page 43 of 45 B.Enforcement of safety standards. Nothing in this section shall be construed to prevent the City Building Inspector Officials from enforcing all State statutes and provisions of this Code 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 thereof 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 district 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 district zone include the following: (1) 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 (3) 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. 1.a. Any principal use permitted in an the R-4 zone Zone. 2.Bed & Breakfast. 3.b. Home occupations. 4.c. Funeral homes. 5.d. Commercial greenhouses. 6.e. Beauty shops and barbershops. 7.Florist shops. 8.f. Restaurant (excluding drive-thru). 9.g. Assembly building buildings of cultural, fraternal, professional and labor organizations. 10.h. The following uses, provided they are conducted wholly within a building except for off-street loading and unloading:. This section may be waived by the Planning Commission at a public hearing based on the effect of the proposed use to the neighborhood. STAFF REPORT (continued) page 44 of 45 i. 1. Retail establishments (product processing is allowed only if the products are sold at retail on the premises); ii. 2. Personal and convenience service establishments; iii. Cleaners 3. Dry-cleaning establishments. b. (2) Plan approval: 1. a. New infill commercial construction. Plans for site layout shall be approved by the Planning Commission, and it may require changes and changes may be required as may be deemed necessary or desirable to insure proper design standards, to minimize traffic difficulties, to safeguard adjacent properties and to preserve the intent of the neighborhood commercial corridor NCCZ. 2. b. Residential conversion. The Zoning Administrator and City Engineer, in compliance with the intent of this article section, shall approve plans for site layout. 3. c. Infill Residential. The Building Inspector Chief Building Official, in compliance with the intent of this article section, shall approve plans for architectural design and site layout. c. 3.Building materials: The following approved materials list shall apply to all new construction projects or rehabilitation/renovations within the NCCZ. 1. 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. 2. b. Roofs. Slate, composite shingles or standing-seam metal. 3. c. Soffits, fascia and trim. Wood, cement fiberboard (hardi-plank; must be smooth faced), high-density polymer (permacast, fypon or other similar brand), smooth faced vinyl, traditional stucco (no EIFS) or aluminum siding. 4. d. Windows. may be constructed of wood, wood clad Wood, wood-clad, vinyl or fiberglass. 5. e. Doors. Wood, fiberglass or steel doors. 6. f. Foundations. Traditional brick veneer, lap siding, appropriate stone (no concrete block), or traditional stucco veneer. 7. Building façade at front and side street shall change every thirty (30) foot minimum in height, or setback, or material g. Any building façade facing a public way (excluding alleys) shall change at least every thirty (30) feet in height, setback or material. d. 4. Commercial/residential structure setbacks Minimum yard requirements. 1. 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. STAFF REPORT (continued) page 45 of 45 3. c. Side yard: Six (6) feet. 4. d. Rear yard: None. e. 5. Height regulations: The following height regulations shall apply to buildings and structures within the Neighborhood Commercial Corridor Zone. 1. Minimum height: None 2. Maximum height: Two and one-half (2.5) stories, however, additional stories may be allowed with design approval from the Planning Commission. Minimum area requirements. a. Minimum lot area: 1. Single-family dwellings: Eight thousand (8,000) 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: 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. f. 7. Parking regulations. Parking shall be in compliance with Section 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. 1. a. For every one (1) square foot of landscaping above those required in Section 126-83, an additional Twenty-five-hundredths Twenty-five hundredths (0.25) square feet of building floor area shall be granted. 2. 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. h. 9. Additional regulations. Off-street loading areas may not face any public right-of-way, excluding alleys. STAFF RECOMMENDATION Based upon the above, staff recommends the Board of Commissioners accept the Paducah Planning Commission’s positive recommendation and approve the text amendment of the various sections listed prior. ORDINANCE NO. 2021-_____-_________ 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 rise] 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 [counted] considered as part of the principal building. Local public utility, communication, electric distribution, and secondary power lines, gas lines, water lines, and sewer lines, [their supports and poles,] guy-wires, small transformers, wires, or cables and incidental equipment [and public telephone booths] are considered accessory buildings or structures. [Accessory living quarters means living quarters within an accessory building, for the sole use of persons employed on the premises, such as quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling. ] 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 [HBD Zone] HBZ classifications. Automobile service station means an establishment with the primary business function of the retail sale of gasoline for passenger [car] 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 [a right-of-way] the terminus of a dead-end street or [city] the City boundary, measured along the street line. Board means the City of Paducah [City] Board of Adjustment[, Paducah, 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, [or] 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, [or] to the deck line of a mansard roof, or to the mean height level between eaves and ridges for gable [and] & hip or gambrel roofs. 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. [Where a substantial part of an accessory building is attached to the principal building in a substantial manner as by a roof, such accessory building will be counted as a part of the principal building. ] 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. [Campground means any area or tract of land used to temporarily accommodate two (2) or more camping parties, including cabins, tents, house trailers, or other camping outfits. ] 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. [Convalescent or 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. Corporation Counsel means the Corporation Counsel of the City or any assistant or special corporation counsel of the City. ] Cottage home means a structure of not less than one hundred forty (140) square 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 placed on lots smaller than eight thousand (8,000) square feet. County means [the County of ] McCracken County, Kentucky. [Court ] Courtyard 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. [Court, inner, means any court other than an outer court. The width of an inner court is its least horizontal dimension measured between opposite walls. The length of an inner court is its greatest horizontal dimension measured at right angles to its width. Court, outer, means a court which opens on any yard on the lot or which extends to any street line of the lot. The width of any outer court is its least horizontal dimension measured between opposite walls. The depth of any outer court is its greatest horizontal dimension measured at right angles to its width. ] 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 (1) family and multiple dwellings] 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 are] shared common areas for reception, recreation, living, cooking, laundry and the like. The unit 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, [one (1) ] single-family, means a building used for residential occupancy by one (1) family. Dwelling, [two (2) family] 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, [public, parochial or private school]; a high school, preparatory school or academy, that is public or founded, [or] owned or conducted by or under the sponsorship of a religious or charitable organization[,]; 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 Inspector] 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 [manmade] structure consisting of wood, metal, wire, mesh, masonry or other [manmade] 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 [main] 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 [rented] 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 [herein] as a private garage, used for the storage or care of motor vehicles, or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale. 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 wall 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 [or profession] 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 [includes] a sanitarium, preventorium [and] 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, [or] glare, odor, noise or vibration which may be heard and/or felt off the premises, and those industries which constitute a fire or explosion hazard. 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 [noncommercial] non-commercial kennel at, in or adjoining a private residence where hunting or other dogs are kept for the hobby of the householder (i.e., hunting, tracking or exhibiting) or for guarding or protecting the householder's property is permitted in residential [zoning districts] zones, provided that such dogs or small animals do not constitute a nuisance to the neighborhood. [Loading and unloading berths means the off-street area required for the receipt of or distribution by vehicles of material or merchandise, which in this chapter is held to be a twelve (12) foot by fifty (50) foot loading space with a fourteen (14) foot height clearance, paved with a suitable dust preventative or hard surface. ] [Lodginghouse] 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. [The word "lot" includes the word "plot" 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. [Lot 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 wall approximately parallel to and not more than five (5) feet from a street is to be considered as adjoining the street. ] Lot, interior, means a lot other than a corner or through lot. Lot line, front, means, in the case of an interior lot[,]; a line separating the lot from the street or [place] ingress/ egress easement and, in the case of a corner lot[,]; the line designated [in by deed, plat or subdivision requirements or, if no such requirements are provided, the line designated by the property owner at the time he seeks a building permit on the lot]. 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 lot 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. [Occupied, as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied." ] Parking area, public, means an open off-street area, [other than a street or alley,] designed for use or used for the temporary parking of [four (4) or more] 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, [or] 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 [businesses] offering services such as barbershops, beauty shops, laundromats, laundry and [dry cleaning] dry-cleaning pickup and delivery stations (but excluding actual laundry operations), and similar uses. [Place means an open, unoccupied officially designated space other than a street or alley, permanently reserved for use as the principal means of access to abutting property. ] 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 center] on-center. The low- level screen shall consist of evergreen shrubs having an initial height [aboveground] above ground when planted of not less than two (2) feet and spaced at intervals of not more than four (4) feet [on center] 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 necessary to prevent 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 (7) 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 kind of obstruction to vision between the heights of two and one-half (2 ½) 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[,]; 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. [Tourist home means a building in which more than one (1) but not more than five (5) guest rooms are used to provide or offer overnight accommodations for transient guests for compensation. Townhouse means a single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent building and/or buildings by party walls or are located immediately adjacent thereto with no visible separation between walls or roofs; all of which dwellings may be located on individual and separate lots if individually owned or upon a single lot if under common ownership. Each townhouse unit shall be capable of separate ownership. The construction of a townhouse structure across an existing lot line shall not be deemed to abrogate that line. Townhouse structure means a building consisting of two (2) or more noncommunicating attached one-family units placed side by side, having a common wall between each adjacent dwelling unit. Side lot line requirements of a townhouse structure shall apply only at the extreme ends of such structure.] 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,; 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, as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."] 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. [Vision clearance on corner lot means a triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of two and one-half (2 ½) 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. Wall, retaining means a physical barrier necessary to prevent the erosion and/or deterioration of an established elevation.] 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 [structures] appurtenances, and 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 which is the least distance between the rear lot line and the parallel line.] Yard, side, means a yard bounded by the rear yard, the front yard, the side lot line and the principal building. Zoning map [or map] 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 family] 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. [Accessory structures may potentially be located on adjacent lots of the same ownership as stipulated in section 62-76.] When more than one (1) principal structure of different use types [to be constructed] on the same lot is proposed, multiple principal structures may be allowed as provided for in section [62-178] 126-176 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 enactment of this article, if] 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 dimensional requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit a structure of acceptable size to be built upon the lot.] Only single-family dwellings shall be constructed under this provision and shall be 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. [The following uses are permitted in an R-1 Zone:] a. Single-family dwellings; b. [Two (2) family Two-family dwellings and townhouses with no more than two (2) attached units per townhouse;] 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 [front-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. [Accessory buildings accessory building shall be erected within eight (8) feet of any side lot line and no separate accessory building shall be erected within five (5) feet of any other building or structure. Rear setbacks do not apply to accessory buildings. However, no accessory building or structure shall be allowed in a front yard.] e. Parking shall be per section 126-71 [(d), (g) (3).] Additionally, there shall be no more than four (4) vehicles parked in any front yard. And: 1. All parking shall be minimally semi-improved 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 [an] 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) family] Two-family dwellings [and townhouses with no more than two (2) attached units per townhouse]. 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 unit]: [7000] Seven thousand (7,000) square feet per unit. 2. Minimum lot width: Seventy-five (75) feet (per structure). c. Maximum building height: Thirty-five (35) feet. d. [Accessory buildings. Same as subsection (2) (e) of this section.] e. d. Parking shall be per subsection (2) [(f e)] of this section. 4. Conditionally permitted uses. 1. [Multifamily] Multi-family dwellings; 2. Daycare nurseries; 3. Home occupations; 4. [Townhouses with more than two (2) attached units;] 5. d. Places of worship. 5. [Multifamily] Multi-family dwellings [(conditionally permitted use, only) ]. 1. Minimum yard requirements. 1. Front yard: Forty (40) feet. 2. Side yard[, each side:] Eight (8) feet. 3. Rear yard: Twenty-five (25) feet. b. Minimum [lot] 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 feet per unit. 2. Minimum lot width: Seventy-five (75) feet. c. Maximum building height. None. d. [Accessory buildings. See subsection (2) (e) of this section.] 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. [Parking requirements. See section 126-71.] Sec. 126-103 Low and Medium Density Residential Zone, R-2. a. 1. Principal permitted uses. [The following uses are permitted in the R-2 Zone:] 1. a. Single-family dwellings. 2. [Two (2) family] b. Two-family dwellings [and townhouses with no more than two (2) attached units per townhouse]. 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. [The following uses are special exceptions and require written approval of the Board of Adjustment:] 1. a. Daycare nurseries; 2. b. Home occupations; 3. [Multifamily dwelling] c. Multi-family dwellings; 4. d. Bed and breakfast.; 5. e. Places of worship. 6. f. Short-term rentals c. 3. Single-family dwellings. 1. 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. 2. b. Minimum yard requirements. a. 1. Front yard: Twenty-five (25) feet. b. 2. Side yard[, each side]: Six (6) feet. c. 3. Rear yard: Twenty-five (25) feet. 3. c. Minimum lot 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. [5. Accessory buildings. No accessory building shall be erected within six (6) feet of any side lot line and no separate accessory building shall be erected within five (5) feet of any other building or structure. Rear setbacks do not apply to accessory buildings. However, no accessory building or structure shall be allowed in a front yard.] 6. e. Parking shall be per section 126-102 (2) (f e). (d) [Two (2) family] 4. Two-family dwellings. 1. a. Minimum yard requirements. a. 1. Front yard: Twenty-five (25) feet. b. 2. Side yard[, each side]: Six (6) feet. c. 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). 3. c. Maximum building height: Thirty-six (36) feet. 4. [Accessory buildings. Same as subsection (3) (e) of this section.] 5. d. Parking shall be per section 126-102 (2) (f e). e. 5. [Multifamily] Multi-family dwellings. 1. a. Minimum yard requirements. a. 1. Front yard: Twenty-five (25) feet. b. 2. Side yard: Six (6) feet. c. 3. Rear yard: Twenty-five (25) feet. 2.b. Minimum area requirements. a. 1. Minimum lot area [per unit: Three (3) or more units, four] Four thousand (4,000) square feet per unit. b. 2. Minimum lot width: Seventy-five (75) feet. 3. c. Maximum building height. None. [4. Accessory buildings. Same as subsection (3) (e) of this section. 5. Parking requirements. Same as section 126-102 (2) (f). ] Sec. 126-104. Medium Density Residential Zone, R-3. a. 1. Principal permitted uses. 1. a. Single-family dwellings. 2. [Two (2) family] b. Two-family dwellings and [townhouses with no more than two (2) attached units per townhouse.] 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. [The following uses are special exceptions and require written approval of the Board of Adjustment:] 1. a. Home occupations; 2. b. Daycare nurseries; 3. c. Mobile home parks; 4. [Multifamily dwellings] d. Multi-family dwellings; 5. e. Assisted care dwellings; 6. f. Bed and breakfast; 7. g. Places of worship. 8. h. Short-term rentals c. 3. Single-family dwellings. 1. 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. c. 3. Rear yard: Twenty-five (25) feet. 3. c. Minimum [lot] 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. [Accessory buildings. Same as section 126-103 (c) (5) . ] 6. e. Parking shall be per section 126-102 (2) ([f] e). d. [Two (2) family] 4. Two-family dwellings. 1. a. Minimum yard requirements. a. 1. Front yard: Twenty-five (25) feet. b. 2. Side yard: Six (6) feet. c. 3. Rear yard: Twenty-five (25) feet. 2. 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). 3. c. Maximum building height: Thirty-five (35) feet. 4. [Accessory building. Same as section 126-103 (c) (5).] 5. d. Parking shall be per section 126-102 (2) (f e). e. [Multifamily] 5. Multi-family dwellings [and townhouses.] 1. a. Minimum yard requirements. a. 1. Front yard: Twenty-five (25) feet. b. 2. Side yard: Six (6) feet. c. 3. Rear yard: Twenty-five (25) feet. 2. b. Minimum area requirements. a. 1. Minimum lot area[, per unit, for three (3) or more:] Three thousand (3,000) square feet per unit. b. 2. Minimum lot width: [Seventy-five (75) feet] Sixty (60) feet. 3. c. Maximum building height. None. 4. [Accessory buildings. Same as section 126-103 (c) (5). 5. Parking requirements. See section 126-102 (2) (f). ] f. 6. Public parking areas. 1. 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. 2. b. The public parking area shall be developed as required by [sections 126-61 through] section [126-76] 126-71. 3. 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 [126- 72] 126-83. 5. 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. g. 7. Assisted care [unit] dwelling (conditionally permitted only) 1. a. Minimum yard requirements. a. 1. Front yard: Twenty-five (25) feet. b. 2. Side yard: Six (6) feet. c. 3. Rear yard: Twenty-five (25) feet. 2. b. [Lot] Minimum area requirements. a. 1. Minimum lot area: Fifteen thousand (15,000) square feet. b. 2. Minimum lot width: One hundred (100) feet. c. 3. Maximum [ground floor to] floor area ratio: Twenty-five (25): one (1) 3. c. Maximum building height: Thirty-five (35) feet. 4. d. Maximum pervious cover: Sixty (60) percent. 5. [Accessory building. Same as section 126-103.] 6. e. Parking shall be per section [126-102] 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. [Parking shall be screened from adjoining residential property.] 7. f. Landscaping [and screening.] 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. 8. g. Site lighting. Any outdoor light shall be directed inward to the property and there shall be no [off target] off-target lighting. The maximum light pole height shall be ten (10) feet. 9. [Approval. Approvals per 126-75 apply to this section.] 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 [zone] Zone; b. [Multifamily] Multi-family dwellings; c. Nursing homes ; d. Professional office buildings (yard requirements for office buildings shall be the same as the B-1 [zone] 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 [zone] 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 [zone] Zone, except home occupations shall be considered pursuant to section 126-73 of the Zoning Ordinance. [All plans will be submitted to the Planning Commission prior to Board approval and the Commission shall require such conditions as are necessary to maintain the character of this zone. The Board may grant dimensional variances to businesses when lot requirements cannot be met.] (3) [Single- and two (2) family dwellings] Single and two-family dwellings. Single-family [dwellings] and [two (2) family] two-family dwellings shall comply with the requirements of the R-3 [zone] Zone. (4) [Multifamily] Multi-family dwellings [and townhouses.] a. Minimum yard requirements. 1. Front yard: Twenty-five (25) feet. 2. Side yard, [each side]: Six (6) feet. 3. Rear yard: Twenty-five (25) feet. b. Minimum area requirements. 1. Minimum lot area[, per unit]: Two thousand (2,000) square feet per 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 [zone] Zone (except all new single-family and two-family residential structures shall comply with the R-4 [zone] 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 [except for off-street loading and unloading:] 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. 5. 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 [or service.], service, refueling or washing. b. [Drive-in establishments.] 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 (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 [district] 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 [district] zone, 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) [Accessory buildings. Accessory buildings shall be built no closer than fifteen (15) feet from any property line and no closer than ten (10) feet from any other building.] (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. (8) [Setback requirements for business zones facing R-1 or R-2 residential zone. a. Where a business zone faces an R-1 zone and/or an R-2 residential zone, the Planning Commission shall require a minimum front yard setback of twenty-five (25) feet. b. Screening requirements. shall be the same as section 126-72. (9) Parking requirements. See section 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 (1) 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 [and service;], 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 [lot] area and yard requirements. None. (3) Maximum building height. None. (4) Parking requirements. Parking requirements are waived for all uses [in the B-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 [zone] Zone. Sec. 126-108. Downtown Business Townlift Zone, B-2-T. The purpose of [the B-2-T Zone] 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); i. 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) [Lot] Minimum area and yard requirements. None. (3) [Building] Maximum building height. None. (4) Parking [regulations] requirements. Parking requirements are waived for all uses [in the B- 2-T zone] 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 [sub-section] subsection (1) [of this section] except that residential uses may be permitted on any floor above [the ground floor] 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 [zone] Zone; b. Wholesale establishments; c. Automotive equipment sales and repair; d. Laundry and [dry cleaning] 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. [(5) Screening requirements. See section 126-72. (6) Parking requirements. See section 126-71.] Sec. 126-110. Light [Industry] Industrial Zone, M-1. The following provisions shall apply in the M-1 [Light Industry] 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 following uses are special exceptions and require written approval of the Board of Adjustment.] a. Any other industrial use determined to be of the same general character as the above permitted uses. b. Animal hospital or kennel, located not closer than 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. [(6) Parking requirements. See section 62-61.] (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-2,[ Heavy Industrial Zone,] 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 ([solid fence, minimum height of eight (8) feet, enclosing junkyards, in no instance shall stored materials be visible from any roadway] 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 [nondetrimental] 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) Parking requirements. See section 126-71.] (6 5) 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[, Industrial Zone,] Zone unless otherwise provided herein. (1) Principal permitted uses. Any use permitted in the M-1 [zone] 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. [(5) Parking requirements. Same as section 126-71.] (6 5) Maximum lot coverage. [Same as section 126-110 (7)] None. Sec. 126-113 Conservancy Zone, C-1. [It is the intent here] The purpose of this zone is to [establish a zone to] meet the needs of the Ohio and Tennessee Rivers and their tributaries in times of flood and to prevent the undue loss of life and property by not allowing encroachment [into the zone] of uses which will either be damaged by flood or will increase 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 [district] 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 [district] 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 following are special exceptions and require written approval of the 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 [within the C-1 zone] until the plans for such construction or use have been submitted to the Planning Commission and approval has been given in writing for such construction or use. b. The Commission may make its approval subject to such reasonable conditions as necessary to protect the purpose of this zone. c. [Keeping in mind the stated purposes of this zone, 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 [competent engineers or other technical people] 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 rentals); 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 require] changes as may be deemed necessary or desirable to insure proper design standards, to minimize traffic difficulties, to safeguard adjacent properties and to preserve the institutional character of [the Civic Center Zone] 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 building height. Forty-five (45) feet. Sec. 126-115. Historical Zones, H-1 and H-2. (a) Use provisions for [Historical-Commercial] the Historic Commercial Zone, H-1. The purpose of the H-1 [zone] Zone is to encourage the development, redevelopment and the preservation of the City's [historical-commercial] 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 [Historical-Commercial] H-1 Zone. (2) Minimum yard requirements. None. (3) Minimum area requirements. None. (4) [Minimum] 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 [Historical] the Historic Neighborhood Zone, H-2. The purpose of the H-2 [zone] 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 [zone] Zone except [multifamily] multi-family dwellings shall be conditional uses; b. Funeral homes; c. Beauty shops and barbershops; d. Assembly [building] 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 [and] & unloading[,] and provided [further] 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 [Historical Neighborhood zone] 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) [Dimensional requirements] Minimum yard 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 b. Front yard: Twenty-five (25) feet. c. Side yard: Six (6) feet. d. Rear yard: Twenty-five (25) feet. e. Maximum building height is thirty-five (35) feet or no higher than two (2) feet taller than the tallest principal building on either side of the proposed new construction. ] 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) (6) Screening requirements. Same as provided in section 126-83. For the purposes of screening between the H-2 [zone] Zone and [all] adjoining zones, the H-2 [zone] Zone shall be treated as [residential property] a residential zone. (5) (7) 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. (l) Appeals. Sec. 126-116. Highway Business [District] Zone, HBD HBZ. The [intent] purpose of this [district] 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 locations with such uses and] in such a manner as to minimize traffic hazards and interference with other uses. (1) [Permitted] Principal permitted uses. a. Any use permitted in the B-3 Zone; [b. Automobile service and repair establishments, including gasoline service stations, repair garages and automatic car-washing establishments; c. Hotels and motels; d. Recreational uses such as amusement parks, bowling alleys and roller-skating; archery ranges; miniature golf, golf-driving ranges and other similar recreational activities; ] e. b. Souvenir shops, roadside stands and curio shops when incidental to another permitted use;. f. [Office buildings; g. Retail establishments (product processing is allowed only if the products are sold at retail on the premises); h. Restaurants and eating establishments; i. Commercial parking lots and parking garages; j. Theaters. ] (2) [Area regulations] Minimum yard requirements. [The following requirements shall apply to all non-residential uses permitted in this district. All residential uses shall comply with the requirements of the R-4 zone:] a. Front yard[.]: [All buildings shall be set back from the street right-of-way line not less than fifty] Fifty (50) feet, except where a parallel access road is provided with construction requirements which meet the standards of the City [street plan Engineer’s office]. b. Side yard[.]: [The width of any side yard which abuts a residential district shall not be less than twenty-five (25) feet. In all other cases each side yard shall not be less than twelve (12) feet.] Twelve (12) feet, except side yard that abuts a residential zone shall not be less than twenty-five (25) feet. c. Rear yard.: [Each lot shall have a rear yard of not less than ten (10) feet.] Ten (10) feet, except where [Where] 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 [district] zone shall not be less than thirty (30) feet. d. [Lot width. Each lot shall have a width at the front building line of not less than seventy-five (75) feet.] e. (3) Minimum [Lot] area requirements. [There shall be a minimum lot area of not less than ten 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 requirements. ] None. g. [Parking requirements. Same as section 126-71.] h. (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) [Intent.] The [intent] purpose of this zone is to provide adequate space for [offices, communications related, educational, and research activities, and other similar development] permitted uses in a park setting, designed [and operated for] to attract tenants who may require access to [high capacity] high-capacity information sharing appurtenances, transmitting[, and] & receiving facilities and sufficient utilities. Furthermore, the zone is intended: (1) To provide sufficient space in appropriate locations for attractive, landscaped offices; and[.] (2) To insure compatibility of uses and operations within the Planned Office Park [District] Zone. (b) 1. Principal permitted uses. (1) a. Offices for business, professional, governmental, political, 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. (6) f. Cable television signal distribution centers and studios. (7) g. Ticket and travel agencies. (8) h. Kindergarten, nurseries and [day care] daycare facilities. (9) i. Business colleges, technical and trade schools, educational institutions. (10) j. Hospitals. (11) k. Parks (public and private). (12) l. Research, testing and development laboratories or centers. (13) m. Production facilities (high degree of scientific input, tech). (14) n. Educational, scientific and research organizations. (15) o. Library. (16) p. Nursing [Home] homes. (17) q. Special event short-term rentals. (18) r. Any other similar use which, in the Planning Commission’s 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. (1) a. [Offices] 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 following list of uses are special exceptions that will not impair the character of the district.] As determined by the Board of Adjustment, these uses cannot emit onto adjacent properties an objectionable amount of hazardous and/or obnoxious emissions. These [might] may be, but [will] not be limited to[,]; smoke, odor, noise, glare, vibrations, etc. [These uses require written approval of the Board of Adjustment.] (1)a. Facilities in connection with bona fide agricultural operations. (2) b. Clubs ([private and non-private] 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. (5) g. Light manufacturing and assembly operations. (6) h. Warehousing operation. (7) i. Sit-down restaurants (drive through not permitted). (8) j. Short-term rentals. (e) 4. Minimum [lot yard] requirements. (1) a. [Minimum area: One (1) acre.] Front yard: Fifty (50) feet. (2) b. [Minimum frontage width: One hundred (100) feet per lot.] 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). (f) 5. Minimum[ yard] area requirements. (1) a. [Front: Fifty (50) feet.] Minimum lot area: One (1) acre. (2) b. [Side: Thirty (30) feet.] Minimum lot width: One hundred (100) feet. (3) [Street side: Fifty (50) feet. (4) Rear: Fifty (50) feet. (5) Maximum coverage: Fifty (50) percent (building only, surface parking excluded).] (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. (h) [Parking requirements. See section 126-71.] (i) 8. Landscaping. (1) 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 to subsection (j) (1) of this section, screening] 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. [Minimum area] Amendments. Amendments to the zone map for POP [districts] Zones shall be: (1) a. Freestanding zones: Forty (40) acres. (2) b. Expansion of existing: No minimum. Sec. 126-118. Mixed Use [District] Zone, MU. (a) [Intent.] The purpose of this zone [MU Mixed Use District] is [intended] to accommodate projects which combine general compatible land uses into an integrated development. [The MU district] 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. [The MU district allows for mixing residential environments with workplaces and services.] Development in the MU [district] Zone must accommodate transportation systems, surrounding environments and pedestrian movement. For these reasons, projects constructed in [an MU district] this zone are subject to Planning Commission approval. (b) 1. [Permitted] 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. (1) [Residential uses: Single-family (detached). Single-family (attached). Duplex residential. Townhouse residential. Multiple-family residential. (2) Civic uses: Administrative services. Higher education facilities. Community recreation. Cultural services. Day care. Local utility services. Park and recreation services. Postal facilities. Recreation clubs. Religious assembly. (3) Office uses: Financial services. General services. Medical services. (4) Commercial uses: Business support services. Business or trade school. Cocktail lounge. Communications services. Food sales (limited). Food sales (general). Food sales (convenience). Funeral services. General retail sales. Health club with customary indoor and outdoor facilities. Hotel/motel. Indoor entertainment. Indoor sports and recreation. Liquor sales. Outdoor sports and recreation. Personal improvement services. Personal services. Pet services. Research services. Restaurant (drive-in). Restaurant (limited). Restaurant (general).] (c) 2. Site development regulations. (1) a. The minimum area of any new MU [district] 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) c. Application for approval must include at least the following information: a. 1. A detailed site map, including: 1. 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 routes, and pedestrian systems. 5. e. Description of adjacent land uses. 6. f. Utility service to the site and easements through the site. 7. g. Description of other site features, including drainage, soils and other considerations that may affect the development of the site. b. 2. A development plan as per section 126-176. c. 3. Specific proposed site development regulations for the project, including: 1. a. Maximum floor area ratios. 2. 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 [intent] purpose 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 subsection (2) (e) of this section] 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[, and] & 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. [And other] 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. [While section 126-3 requires accessory building uses to be on a lot with a principal use, for the purpose of this section, the following accessory uses may be on a separate lot.] They may be included in the principal building, or 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. [Gifts] Gift and flower shops. g. Heliports. h. Hospice. i. Linen/laundry service. j. Lodging, visitor. k. Medical insurance service. l. 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. Signs, off-premise. s. Signs, premise.] t. r. Temporary buildings. u. s. Uniform shops. t. Short-term rentals (includes special event short-term rentals). (3) [Development Plan required. Development Plans per section 126-176 are required with such additional requirements as are included herein.] (4) (3) [Yard] Minimum yard requirements. a. [Front yard] – Front yard: Fifty (50) feet, seventy-five (75) feet on arterials. b. [Side yard] – Side yard: Twenty-five (25) feet. c. [Rear yard]– 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. Parking shall be per section 126-71. Calculation of required numbers shall be by cumulatively adding the required spaces by use. Alternatively, with an approved development plan, an applicant may substitute ratios and calculations through submission of a professionally prepared parking study.] (7 6) Density. The [Floor to Area Ratio] floor area ratio (FAR) shall not exceed two (2.[0]): one (1). 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. [Additionally, it is the purpose of this district to allow for home based commercial activity that closely reflects the community character.] (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. [Two (2)-family] Two-family dwellings [and townhouses with no more than two (2) attached units per townhouse.] 1. Minimum lot area: Four thousand (4,000) square feet per unit. 2. Minimum lot width: [Thirty (30) feet per 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) [Conditional] Conditionally permitted uses. The following uses are special exceptions and shall require written approval from the [Board of Adjustment] Historical and Architectural Review Commission: a. [Multifamily] Multi-family dwellings. 1. Minimum lot area [per unit]: Three [(3) or more units, three] thousand (3,000) square feet per unit. 2. Minimum lot width: [Seventy-five (75) feet] Sixty (60) feet. b. Home occupations. c. Professional offices. d. [Day care] Daycare nurseries. e. Beauty shops and barbershops. f. [Florist shops.] 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. Restaurant’s (excluding drive-thru); 4. Any other use not listed which, in the [Commission's] HARC’s opinion, would be compatible with the above uses. 3. [Height regulations. The following height regulations shall apply to buildings and structures within the Neighborhood Services Zone: a. Minimum height: None b. Maximum height: Thirty-six (36) feet, however, additional feet may be allowed with design approval from the HARC based on the scale of adjacent structures. 4. Setbacks.] 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. 5) 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 [requirements. Same] as shall be per 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 [Neighborhood Services Zone] NSZ pursuant to KRS 82.026 and 100.217. e. [Accessory structures. Same as section 126-86.] 6. 7) Plan approval required for new[/infill] 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 [Neighborhood Services Zone] 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 [Neighborhood Services Zone] 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. i. 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. [Trees.] 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. [Repainting.] Changing the color of a surface that has already been painted can be approved administratively. E. [Fences.] 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 [demolition control zone] Demolition Control Zone can be approved administratively. b. Applications for a Certificate of Zoning Compliance. 1. Applications for a [certificate of zoning compliance] 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 [certificate of zoning compliance] 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 [Neighborhood Services Zone] 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 [including the enhanced property maintenance standards. B. Enforcement of safety standards.] Nothing in this section shall be construed to prevent the City Building [Inspector] Officials from enforcing all State statutes and provisions of this [Code] 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 [thereof] 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 [district] 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 [district] zone include the following: (1) 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 (3) 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. 1. a. Any principal use permitted in [an]the R-4 [zone] Zone. 2. [Bed & Breakfast.] 3. b. Home occupations. 4. c. Funeral homes. 5. d. Commercial greenhouses. 6. e. Beauty shops and barbershops. 7. [Florist shops.] 8. f. Restaurant (excluding drive-thru). 9. g. Assembly [building] buildings of cultural, fraternal, professional and labor organizations. 10. h. The following uses, provided they are conducted wholly within a building except for off-street loading and unloading[:]. This section may be waived by the Planning Commission at a public hearing based on the effect of the proposed use to the neighborhood. i. 1. Retail establishments (product processing is allowed only if the products are sold at retail on the premises); ii. 2. Personal and convenience service establishments; iii. [Cleaners] 3. Dry-cleaning establishments. b. (2) Plan approval: 1. a. New infill commercial construction. Plans for site layout shall be approved by the Planning Commission[, and it may require changes] and changes may be required as [may be] deemed necessary or desirable to insure proper design standards, to minimize traffic difficulties, to safeguard adjacent properties and to preserve the intent of the [neighborhood commercial corridor] NCCZ. 2. b. Residential conversion. The Zoning Administrator and City Engineer, in compliance with the intent of this [article] section, shall approve plans for site layout. 3. c. Infill Residential. The [Building Inspector] Chief Building Official, in compliance with the intent of this [article] section, shall approve plans for architectural design and site layout. c. 3. Building materials: The following approved materials list shall apply to all new construction projects or rehabilitation/renovations within the NCCZ. 1. 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. 2. b. Roofs. Slate, composite shingles or standing-seam metal. 3. c. Soffits, fascia and trim. Wood, cement fiberboard [(hardi-plank; must be smooth faced)], high-density polymer (permacast, fypon or other similar brand), smooth faced vinyl, traditional stucco (no EIFS) or aluminum [siding]. 4. d. Windows. [may be constructed of wood, wood clad] Wood, wood-clad, vinyl or fiberglass. 5. e. Doors. Wood, fiberglass or steel [doors]. 6. f. Foundations. Traditional brick veneer, lap siding, appropriate stone (no concrete block)[,] or traditional stucco veneer. 7. [Building façade at front and side street shall change every thirty (30) foot minimum in height, or setback, or material] g. Any building façade facing a public way (excluding alleys) shall change at least every thirty (30) feet in height, setback or material. d. 4. [Commercial/residential structure setbacks] Minimum yard requirements. 1. 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. e. 5. [Height regulations: The following height regulations shall apply to buildings and structures within the Neighborhood Commercial Corridor Zone. 1. Minimum height: None 2. Maximum height: Two and one-half (2.5) stories, however, additional stories may be allowed with design approval from the Planning Commission.] Minimum area requirements. a. Minimum lot area: 1. Single-family dwellings: Eight thousand (8,000) 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: 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. f. 7. Parking regulations. [Parking shall be in compliance with Section] 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. 1. a. For every one (1) square foot of landscaping above those required in Section 126-83, an additional [Twenty-five-hundredths] Twenty-five hundredths (0.25) square feet of building floor area shall be granted. 2. 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. h. 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. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, ____________________________ Adopted by the Board of Commissioners, ______________________________ Recorded by the City Clerk, __________________________________ Published by The Paducah Sun, ______________________________ ord\126 Zoning Text Amendment – New Land Uses Agenda Action Form Paducah City Commission Meeting Date: July 27, 2021 Short Title: Approve a Text Amendment for Mobile Food Vehicles/ Food Tents - J SOMMER Category: Ordinance Staff Work By: Nicholas Hutchison, Josh Sommer, Katie Axt Presentation By: Josh Sommer Background Information: This text amendment is proposed to allow food tents to operate within certain parameters, to allow Mobile Food Vehicles to locate closer than 100' from a brick-and-mortar restaurant with permissions and to allow Mobile Food Vehicles to operate in certain downtown areas within certain noise parameters. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: It aligns with the Downtown priority. Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: Approval Attachments: 1.Staff Report - Text Amendment 2.126-87 Mobile Food Vehicles and Food Tents 3.Noise Chart 4.Quiet Generators 5.Signed Resolution - 7-8-21 TEXT AMENDMENT PADUCAH BOARD OF COMMISSIONERST PROCEDURAL NOTE Text amendments are first heard before the Paducah Planning Commission at a public hearing, pursuant to KRS 100.211 (2). The Planning Commission made a positive recommendation to the Board of Commissioners at the July 8, 2021 meeting. CONSIDERATIONS Section 126-87 pertains to how Mobile Food Vehicles are operated. Exemptions to this section were modified in March of this year. This proposed amendment would define Food Tents in accordance with the Kentucky Building Code, allow them as an exemption in the Highway Business District (as they are already CASE NO.TXT2021-0032 TITLE Mobile Food Vehicles SECTIONS Section 126-87. Mobile Food Vehicles (a) Purpose and intent (b) Definitions (c) Exemptions (d) Zoning locations (e) Locations and hours (f) Self contained units and appurtenances (j) Noise (k) Application and permitting (l) Food Tents DESCRIPTION Text amendment to provide for: The definition of a Food Tent Exemptions for Food Tents Allow Mobile Food Vehicles to be nearer than 100 feet from a brick-and- mortar restaurant with written consent Remove the requirement of 902 KAR 45:005 to require Mobile Food Vehicles to remain stationary, as the General Assembly has removed this requirement Remove redundant language The addition of Food Tent regulations Allow Mobile Food Vehicles to operate in specific locations provided specific noise levels do not exceed an established threshold. STAFF REPORT (continued) page 2 of 6 principally permitted uses in this zone) and provide specific guidance for the regulation of Food Tents in the B-2 (Downtown Business Zone) and in higher-intensity zones. This amendment would also allow Mobile Food Vehicles to operate closer than 100 feet to a brick-and-mortar restaurant with the specific written consent of said restaurant(s). The Kentucky Administrative Regulations (KAR) as they apply to mobile food vehicles, has been changed to remove the 14-day time period in which a mobile food vehicle must move. Therefore, it is being stricken from this section. Further, Mobile Food Vehicles are proposed to be located on Broadway between Water Street and North 7th Street/ Clarence Gaines Street, 2nd Street and within 100’ of a residence if a generator is utilized that is 72 decibels or less. TEXT AMENDMENT The proposed amendment is as follows: Sec. 126-87. Mobile Food Vehicles and Food Tents (a)Purpose and intent. In order to promote a new dynamic for the citizens of Paducah, create new jobs, increase quality of life and diversify dining options; this section of this chapter has been adopted to allow Mobile Food Vehicles and Food Tents to operate under specific guidelines. (b)Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Food Tent means a temporary structure with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects, used for the purposes of serving food or beverage to the general public. Mobile Food Administrator means the Director of Planning or designee. The Administrator shall be responsible for the administration, oversight and enforcement of the provisions under this section. Mobile Food Vehicle means a vehicle-mounted, vehicle-towed or vehicle-carried food service establishment that engages in the sale and preparation of food or beverages in individual portions to the general public. Mobile Food Vendor means a person that prepare or serve prepares or serves food or beverages to the general public from a Mobile Food Vehicle. Mobile Food Administrator means the Director of Planning or designee. The Administrator shall be responsible for the administration, oversight and enforcement of the provisions under this section. (c)Exemptions. This section shall not apply to ice-cream or coffee trucks that move from place-to- place and are stationary in the same location for no more than ten (10) minutes at a time. This section also does not apply to food vending push carts, food stands, Mobile Food Vehicles in operation under a special event permit, and Mobile Food Vehicles intended to be stationary, such STAFF REPORT (continued) page 3 of 6 as; but not limited to, in a mobile food vehicle court and Food Tents in the Highway Business District. (d)Zoning locations. Mobile Food Vehicles may operate in the following zones: B-1, B-2, B-2-T, B-3, HBD, M-1, M-2, M-3, A-1, POP and HM zones Zones. A Mobile Food Vehicle may operate on a parcel that contains non-residential uses in the MU, H-2, NSZ and NCCZ zones Zones and in Planned Unit Developments (PUDs). All other zones are expressly prohibited, except in public parks as described herein. (e)Location and hours. Mobile Food Vehicles are permitted in city on City of Paducah right-of- way (ROW). Mobile Food Vehicles are expressly prohibited from locating on State of Kentucky ROW. Mobile Food Vehicles may not locate within one hundred (100) feet of the principal entrance of any restaurant where more than fifty (50) percent of sales are derived from food, without the express written consent of said restaurant(s). (1) A Mobile Food Vehicle shall not operate for more than fourteen (14) consecutive days at one (1) location. After the fourteen (14) consecutive days have expired, a Mobile Food Vehicle shall not operate at the same location until a period of thirty (30) days has elapsed as required by 902 KAR 45:005. (2) 1. The Mobile Food Vendor must obtain written permission from the property owner to locate on private property and said permission must be made available to the Mobile Food Administrator. Mobile Food Vehicles may locate in public parking lots with written approval from the Mobile Food Administrator. Vehicles in the ROW may be asked to be moved in the event of street cleaning, snow removal, parades, construction or other events as deemed necessary, in the sole opinion, of the Mobile Food Administrator. Mobile Food Vehicles in private parking lots may be asked to be moved in the event sufficient parking is not available. Written permission must be granted from the Paducah Parks Services Director or designee; or the McCracken County Judge Executive or designee (depending on ownership) if the Mobile Food Vendor proposes to operate in a public park. (3) 2. In no case shall a Mobile Food Vehicle obstruct traffic or pedestrian flow. A Mobile Food Vendor shall ensure that a minimum of four (4) feet of unobstructed sidewalk remains open for pedestrian traffic. Mobile Food Vehicles parked in the ROW shall not occupy more than two (2) parking spaces. No stop sign, yield sign, school crossing sign or any other traffic- control sign or signal shall be obstructed. No ingress/egress of any driveway or alley shall be obstructed. No fire hydrant or fire lane shall be obstructed. (4) 3. Mobile Food Vehicles may operate within the hours of 6:00 a.m. to 11:00 p.m. Mobile Food Vehicles may operate until 2:00 a.m. if the Mobile Food Vehicle is located on private property and the principal business located on the private property is open. Mobile Food Vehicles may not be left overnight in public parking lots or on city City ROW. (f)Self-contained units and appurtenances. All Mobile Food Vehicles shall have self-contained water and wastewater. No gray water or grease shall be dumped upon any street, sidewalk or down a stormwater drain. Mobile Food Vehicles on private property may utilize electric power from the property being occupied or an adjacent property, but only when written consent is obtained to do so. No power cable, extension cord or other equipment shall be STAFF REPORT (continued) page 4 of 6 extended across any street, alley or sidewalk. If a power cable, extension cord or other electrical equipment is extended across a parking lot, said equipment must be protected from vehicle movements in accordance with the National Electrical Code requirements. (1) No tables, chairs, umbrellas or other appurtenances shall be allowed on public property. (2) All Mobile Food Vehicles shall be in compliance with regulations established by the Cabinet for Health and Family Services, Department for Public Health, Division of Public Health Protection and Safety and/or the Purchase District Health Department. (3) The Mobile Food Vehicle must have a three (3) compartment sink with drain boards; a hand sink; hot and cold water; proper screening for insects; refrigeration equipment that holds at 41 degrees or lower; hot holding equipment that holds at one hundred thirty- five (135) degrees or higher and all work must be done by a Kentucky Master Plumber. (g)Garbage disposal. All Mobile Food Vendors must provide one (1) or more garbage receptacles for their patrons. All Mobile Food Vendors must keep the area around their vehicles free from litter, refuse and garbage. (h)Serving articles and alcoholic beverages. Patrons shall be provided with single-service articles, such as plastic utensils, plastic or Styrofoam cups and paper or Styrofoam plates. Mobile Food Vehicles shall not serve any alcoholic beverage unless permitted as part of a special event. (i)Special events. Mobile Food Vehicles are prohibited from vending two thousand, five hundred (2,500) feet from special event permitted areas; including, but not limited to; Barbecue on the River and Quilt Week unless the Mobile Food Vehicle is permitted by the City of Paducah; the City Parks Services Department and/or the permit holder responsible for the special event. The “Safety Guidelines for Special Events and Mobile Food Vehicles” must be obtained from the Paducah Fire Prevention Division and followed thereto. (j)Noise. No Mobile Food Vehicle may emit bells, music, horns or other audible sounds used to attract customers. Strobe lights, flashing lights or other repetitious lighting are prohibited. The noise level from the food truck motor and generator must comply with the City’s Noise Ordinance. Generators shall not be permitted on Broadway between Water Street and North 7th Street/ Clarence Gaines Street, 2nd Street or within one hundred (100) feet of a residence, unless a generator is utilized that produces a noise level of 72 decibels or less. (k)Application and permitting. 1.Mobile Food Permit Required required. Any operator of a Mobile Food Vehicle must apply for and receive, on an annual basis, a Mobile Food Zoning Compliance Permit (the “Mobile Food Permit”) from the Mobile Food Administrator. The Mobile Food Permit is required for each Mobile Food Vehicle. The Mobile Food Permit shall be prominently displayed on the Mobile Food Vehicle along with other permits as required by this chapter. 2.Application. Every Mobile Food Vendor desiring to operate a Mobile Food Vehicle shall submit an application for a Mobile Food Permit to the Mobile Food Administrator. All Mobile Food Vendors shall obtain necessary inspections and permits otherwise required by the City of Paducah, the Purchase District Health Department, and any other local, State or Federal agencies or departments, including without limitation a current city City business license and any other inspections and permits required by the Paducah Fire STAFF REPORT (continued) page 5 of 6 Prevention Division, in order to vend in the City limits. In addition to the information required by in the application, the Mobile Food Administrator may request other information reasonably required. The Mobile Food Permit application shall not be considered complete until the Mobile Food Administrator has all information as required by the application or otherwise. 3.Issuance of Mobile Food Permit. Once the application is considered complete by the Mobile Food Administrator, the Mobile Food Administrator shall issue or deny the Mobile Food Permit within fourteen (14) business days. If the Mobile Food Administrator is satisfied that the application and Mobile Food Vehicle conform to the requirements of this chapter and other pertinent laws and ordinances, a Mobile Food Permit shall be issued to the applicant. If the application and Mobile Food Vehicle does not conform to the requirements of this chapter or other pertinent laws or ordinances, the Mobile Food Administrator shall not issue the Mobile Food Permit, but shall inform the applicant of the denial. Such denial, when requested, shall be in writing and state the reasons for denial. The Mobile Food Permit shall be valid for one (1) calendar year from the date of issuance, unless the Mobile Food Permit is revoked pursuant to this chapter. 4. Permit renewal. Every Mobile Food Permit, unless suspended or revoked for a violation of any provision of this chapter or other requirement or ordinance of the City, can be renewed annually prior to expiration. An application for renewal of a Mobile Food Permit shall be made through the Mobile Food Administrator. Upon the Mobile Food Permit’s expiration, the holder of the Mobile Food Permit forfeits the right to renew and the Mobile Food Vendor must reapply for a new Mobile Food Permit. 5. Inspections after Permitting permitting. Permitted operations will be inspected periodically and without notice by representatives of various city City departments to ensure compliance with this chapter. 6.Operation without Permit permit. Any Mobile Food Vehicle operating without a valid Mobile Food Permit may be deemed a public safety hazard and may be ticketed and impounded. The penalty for operating without a Mobile Vehicle Permit shall be the same as section 62-180 126-178. 7.Revocation of Permit permit. The Mobile Food Administrator may revoke a Mobile Food Permit if it is discovered that: a. An applicant obtained the Mobile Food Permit by knowingly providing false information on the application; b. The continuation of the Mobile Food Vendor's use of the Mobile Food Permit is a threat to public health or safety, or if the Mobile Food Vendor otherwise presents a threat to public health or safety; or c. The Mobile Food Vendor or Mobile Food Vehicle violates regulations of this article or any other city City ordinance. 8.Appeal of Revocation revocation. If a Mobile Food Permit is revoked, the Mobile Food Administrator shall state the specific reasons for the revocation. Any Mobile Food Vendor whose Mobile Food Permit has been revoked may appeal such denial by submitting a written request for a hearing to the Mobile Food Administrator within ten (10) days of revocation. An informal hearing shall be conducted within thirty (30) days of the Mobile STAFF REPORT (continued) page 6 of 6 Food Administrator’s receipt of said appeal by a panel comprised of the Chairman of the City Planning and Zoning Commission, the City Manager and the Director of the Fire Prevention Division of the City. The panel shall consider whether the revocation was justified and whether good cause exists to reinstate the Mobile Food Permit. The panel shall issue its decision on the appeal in a written opinion within ten (10) business days; the written opinion will be sent via first class mail to the Mobile Food Vendor at the address listed on the Mobile Food Vehicle application. The decision resulting therefrom shall be final. Following the revocation of a Mobile Food Permit, a Vendor must wait one (1) year before reapplying for a new Mobile Food Permit. (l)Food Tents. Food Tents shall be principally permitted in the B-2 Zone and as promulgated through the higher-intensity zones. In addition to the following, Food Tents shall follow subsections e – j of this chapter as applicable. 1.Festivals/ events. Food Tents may be utilized only as part of a private festival or event such as, but not limited to; Food Truck Fridays or block parties. 2.Approvals. Food Tents shall receive necessary approvals from the Fire Prevention Division and the Purchase District Health Department. Food Tents shall be required to pass an on-site inspection by the Fire Prevention Division. 3. Cooking. No cooking shall take place under a Food Tent unless the tent meets the requirements of the National Fire Protection Association standard #701. All cooking areas must be kept isolated from the public. 4.Separation. Food Tents shall be located further than twenty (20) feet from another tent or other structure. STAFF RECOMMENDATION Based on the above, staff recommends the Board of Commissioners accept the Paducah Planning Commission’s positive recommendation and approve the text amendment of Section 126-87 Mobile Food Vehicles. ORDINANCE NO. 2021-_____-_________ AN ORDINANCE AMENDING CHAPTER 126 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO MOBILE FOOD VEHICLES 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 Section 126-87 Mobile Food Vehicles 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 Section 126-87 Mobile Food Vehicles of the Paducah Code of Ordinances as follows: Sec. 126-87. Mobile Food Vehicles and Food Tents (a) Purpose and intent. In order to promote a new dynamic for the citizens of Paducah, create new jobs, increase quality of life and diversify dining options; this section of this chapter has been adopted to allow Mobile Food Vehicles and Food Tents to operate under specific guidelines. (b) Definitions. The following words, terms and phrases[, when used in this section,] shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Food Tent means a temporary structure with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects, used for the purposes of serving food or beverage to the general public. Mobile Food Administrator means the Director of Planning or designee. The Administrator shall be responsible for the administration, oversight and enforcement of the provisions under this section. Mobile Food Vehicle means a vehicle-mounted, vehicle-towed or vehicle-carried food service establishment that engages in the sale and preparation of food or beverages in individual portions to the general public. Mobile Food Vendor means a person that [prepare or serve] prepares or serves food or beverages to the general public from a Mobile Food Vehicle. [Mobile Food Administrator means the Director of Planning or designee. The Administrator shall be responsible for the administration, oversight and enforcement of the provisions under this section.] (c) Exemptions. This section shall not apply to ice-cream or coffee trucks that move from place-to-place and are stationary in the same location for no more than ten (10) minutes at a time. This section also does not apply to food vending push carts, food stands, Mobile Food Vehicles in operation under a special event permit, [and] Mobile Food Vehicles intended to be stationary, such as; but not limited to, in a mobile food vehicle court and Food Tents in the Highway Business District. (d) Zoning locations. Mobile Food Vehicles may operate in the following zones: B-1, B-2, B-2-T, B-3, HBD, M-1, M-2, M-3, A-1, POP and HM [zones] Zones. A Mobile Food Vehicle may operate on a parcel that contains non-residential uses in the MU, H-2, NSZ and NCCZ [zones] Zones and in Planned Unit Developments (PUDs). All other zones are expressly prohibited, except in public parks as described herein. (e) Location and hours. Mobile Food Vehicles are permitted [in city] on City of Paducah right-of-way (ROW). Mobile Food Vehicles are expressly prohibited from locating on State of Kentucky ROW. Mobile Food Vehicles may not locate within one hundred (100) feet of the principal entrance of any restaurant where more than fifty (50) percent of sales are derived from food, without the express written consent of said restaurant(s). [ 1. A Mobile Food Vehicle shall not operate for more than fourteen (14) consecutive days at one (1) location. After the fourteen (14) consecutive days have expired, a Mobile Food Vehicle shall not operate at the same location until a period of thirty (30) days has elapsed as required by 902 KAR 45:005.] 2. 1. The Mobile Food Vendor must obtain written permission from the property owner to locate on private property and said permission must be made available to the Mobile Food Administrator. Mobile Food Vehicles may locate in public parking lots with written approval from the Mobile Food Administrator. Vehicles in the ROW may be asked to be moved in the event of street cleaning, snow removal, parades, construction or other events as deemed necessary, in the sole opinion, of the Mobile Food Administrator. Mobile Food Vehicles in private parking lots may be asked to be moved in the event sufficient parking is not available. Written permission must be granted from the Paducah Parks Services Director or designee; or the McCracken County Judge Executive or designee (depending on ownership) if the Mobile Food Vendor proposes to operate in a public park. 3. 2. In no case shall a Mobile Food Vehicle obstruct traffic or pedestrian flow. A Mobile Food Vendor shall ensure that a minimum of four (4) feet of unobstructed sidewalk remains open for pedestrian traffic. Mobile Food Vehicles parked in the ROW shall not occupy more than two (2) parking spaces. No stop sign, yield sign, school crossing sign or any other traffic-control sign or signal shall be obstructed. No ingress/egress of any driveway or alley shall be obstructed. No fire hydrant or fire lane shall be obstructed. 4. 3. Mobile Food Vehicles may operate within the hours of 6:00 a.m. to 11:00 p.m. Mobile Food Vehicles may operate until 2:00 a.m. if the Mobile Food Vehicle is located on private property and the principal business located on the private property is open. Mobile Food Vehicles may not be left overnight in public parking lots or on [city] City ROW. (f) Self-contained units and appurtenances. All Mobile Food Vehicles shall have self- contained water and wastewater. No gray water or grease shall be dumped upon any street, sidewalk or down a stormwater drain. Mobile Food Vehicles on private property may utilize electric power from the property being occupied or an adjacent property, but only when written consent is obtained to do so. No power cable, extension cord or other equipment shall be extended across any street, alley or sidewalk. If a power cable, extension cord or other electrical equipment is extended across a parking lot, said equipment must be protected from vehicle movements in accordance with the National Electrical Code requirements. 1. No tables, chairs, umbrellas or other appurtenances shall be allowed on public property. 2. All Mobile Food Vehicles shall be in compliance with regulations established by the Cabinet for Health and Family Services, Department for Public Health, Division of Public Health Protection and Safety and/or the Purchase District Health Department. 3. [The Mobile Food Vehicle must have a three (3) compartment sink with drain boards; a hand sink; hot and cold water; proper screening for insects; refrigeration equipment that holds at 41 degrees or lower; hot holding equipment that holds at one hundred thirty-five (135) degrees or higher and all work must be done by a Kentucky Master Plumber.] (g) Garbage disposal. All Mobile Food Vendors must provide one (1) or more garbage receptacles for their patrons. All Mobile Food Vendors must keep the area around their vehicles free from litter, refuse and garbage. (h) Serving articles and alcoholic beverages. Patrons shall be provided with single-service articles, such as plastic utensils, plastic or Styrofoam cups and paper or Styrofoam plates. Mobile Food Vehicles shall not serve any alcoholic beverage unless permitted as part of a special event. (i) Special events. Mobile Food Vehicles are prohibited from vending two thousand, five hundred (2,500) feet from special event permitted areas; including, but not limited to, Barbecue on the River and Quilt Week unless the Mobile Food Vehicle is permitted by the City; the City Parks Services Department and/or the permit holder responsible for the special event. The "Safety Guidelines for Special Events and Mobile Food Vehicles" must be obtained from the Paducah Fire Prevention Division and followed thereto. (j) Noise. No Mobile Food Vehicle may emit bells, music, horns or other audible sounds used to attract customers. Strobe lights, flashing lights or other repetitious lighting are prohibited. The noise level from the food truck motor and generator must comply with the City’s Noise Ordinance. Generators shall not be permitted on Broadway between Water Street and North 7th Street/ Clarence Gaines Street, 2nd Street or within one hundred (100) feet of a residence, unless a generator is utilized that produces a noise level of 72 decibels or less. (k) Application and permitting. 1. Mobile Food Permit [Required] required. Any operator of a Mobile Food Vehicle must apply for and receive, on an annual basis, a Mobile Food Zoning Compliance Permit (the “Mobile Food Permit”) from the Mobile Food Administrator. The Mobile Food Permit is required for each Mobile Food Vehicle. The Mobile Food Permit shall be prominently displayed on the Mobile Food Vehicle along with other permits as required by this chapter. 2. Application. Every Mobile Food Vendor desiring to operate a Mobile Food Vehicle shall submit an application for a Mobile Food Permit to the Mobile Food Administrator. All Mobile Food Vendors shall obtain necessary inspections and permits otherwise required by the City of Paducah, the Purchase District Health Department, and any other local, State or Federal agencies or departments, including [without limitation] a current [city] City business license and any other inspections and permits required by the Paducah Fire Prevention Division, in order to vend in the City limits. In addition to the information required [by] in the application, the Mobile Food Administrator may request other information reasonably required. The Mobile Food Permit application shall not be considered complete until the Mobile Food Administrator has all information as required by the application [or otherwise]. 3. Issuance of Mobile Food Permit. Once the application is considered complete [by the Mobile Food Administrator], the Mobile Food Administrator shall issue or deny the Mobile Food Permit within fourteen (14) business days. If the Mobile Food Administrator is satisfied that the application and Mobile Food Vehicle conform to the requirements of this chapter and other pertinent laws and ordinances, a Mobile Food Permit shall be issued to the applicant. If the application and Mobile Food Vehicle does not conform to the requirements of this chapter or other pertinent laws or ordinances, the Mobile Food Administrator shall not issue the Mobile Food Permit, but shall inform the applicant of the denial. Such denial, when requested, shall be in writing and state the reasons for denial. The Mobile Food Permit shall be valid for one (1) calendar year from the date of issuance, unless the Mobile Food Permit is revoked pursuant to this chapter. 4. Permit renewal. Every Mobile Food Permit, unless suspended or revoked for a violation of any provision of this chapter or other requirement or ordinance of the City, can be renewed annually prior to expiration. An application for renewal of a Mobile Food Permit shall be made through the Mobile Food Administrator. Upon the Mobile Food Permit’s expiration, the holder of the Mobile Food Permit forfeits the right to renew and the Mobile Food Vendor must reapply for a new Mobile Food Permit. 5. Inspections after [Permitting] permitting. Permitted operations will be inspected periodically and without notice by representatives of various [city] City departments to ensure compliance with this chapter. 6. Operation without [Permit] permit. Any Mobile Food Vehicle operating without a valid Mobile Food Permit may be deemed a public safety hazard and may be ticketed and impounded. The penalty for operating without a Mobile Vehicle Permit shall be the same as section 62-180 126-178. 7. Revocation of [Permit] permit. The Mobile Food Administrator may revoke a Mobile Food Permit if it is discovered that: a. An applicant obtained the Mobile Food Permit by knowingly providing false information on the application; b. The continuation of the Mobile Food Vendor's use of the Mobile Food Permit is a threat to public health or safety, or if the Mobile Food Vendor otherwise presents a threat to public health or safety; or c. The Mobile Food Vendor or Mobile Food Vehicle violates regulations of this article or any other [city] City ordinance. 8. Appeal of [Revocation] revocation. If a Mobile Food Permit is revoked, the Mobile Food Administrator shall state the specific reasons for the revocation. Any Mobile Food Vendor whose Mobile Food Permit has been revoked may appeal such denial by submitting a written request for a hearing to the Mobile Food Administrator within ten (10) days of revocation. An informal hearing shall be conducted within thirty (30) days of the Mobile Food Administrator’s receipt of said appeal by a panel comprised of the Chairman of the City Planning [and Zoning] Commission, the City Manager and the Director of the Fire Prevention Division [of the City]. The panel shall consider whether the revocation was justified and whether good cause exists to reinstate the Mobile Food Permit. The panel shall issue its decision on the appeal in a written opinion within ten (10) business days; the written opinion will be sent via first class mail to the Mobile Food Vendor at the address listed on the Mobile Food Vehicle application. The decision resulting therefrom shall be final. Following the revocation of a Mobile Food Permit, a Vendor must wait one (1) year before reapplying for a new Mobile Food Permit. (l) Food Tents. Food Tents shall be principally permitted in the B-2 Zone and as promulgated through the higher-intensity zones. In addition to the following, Food Tents shall follow subsections e – j of this chapter as applicable. 1. Festivals/ events. Food Tents may be utilized only as part of a private festival or event such as, but not limited to; Food Truck Fridays or block parties. 2. Approvals. Food Tents shall receive necessary approvals from the Fire Prevention Division and the Purchase District Health Department. Food Tents shall be required to pass an on-site inspection by the Fire Prevention Division. 3. Cooking. No cooking shall take place under a Food Tent unless the tent meets the requirements of the National Fire Protection Association standard #701. All cooking areas must be kept isolated from the public. 4. Separation. Food Tents shall be located further than twenty (20) feet from another tent or other structure. 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. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, ____________________________ Adopted by the Board of Commissioners, ______________________________ Recorded by the City Clerk, __________________________________ Published by The Paducah Sun, ______________________________ ord\126-87 Mobile Food Vehicles and Food Tents Agenda Action Form Paducah City Commission Meeting Date: July 27, 2021 Short Title: Amend Chapter 46 of the Paducah Code of Ordinances to Create a Mobile Food Vehicle Fire Inspection Fee - S KYLE Category: Ordinance Staff Work By: Steve Kyle Presentation By: Steve Kyle Background Information: Mobile food vehicle are required annually to pass a fire department inspection in order to operate within the City of Paducah. The Fire Department will also provide inspections for mobile food vehicles seeking a license with McCracken County. Staff is recommending a $50 fee for all mobile food vehicle inspections to recuperate the administrative costs associated with the inspection. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Information will be shared with the public via Commission Highlights and Paducah website updates. Funds Available:Account Name: Account Number: Staff Recommendation: Amend Chapter 46 of the Paducah Code of Ordinances to create a mobile food vehicle fire inspection fee. Attachments: 1.46-105 Mobile Food Vehicle Inspections ORDINANCE NO. 2021-_____-_________ AN ORDINANCE AMENDING CHAPTER 46 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH TO CREATE ARTICLE V RELATED TO MOBILE FOOD VEHICLE INSPECTIONS WHEREAS, the City of Paducah wishes to encourage the operation of Mobile Food Vehicles in the City of Paducah and McCracken County to create new jobs, increase quality of life and diversify dining options; and WHEREAS, it is important that all Mobile Food Vehicles be inspected for fire safety; and WHEREAS, the McCracken County Fiscal Court wishes to partner with the City of Paducah to create one fire safety inspection for Mobile Food Vehicles operating in the City of Paducah and McCracken County to ensure the same standards are met by all Mobile Food Vehicles operating in McCracken County; and WHEREAS, in order to recuperate staff time costs for inspections performed by the Paducah Fire Prevention Division, it is necessary to create a fee associated with Mobile Food Vehicle inspections; and WHEREAS, the City now desires to amend certain sections of the Paducah Code of Ordinances to create a new article for Mobile Food Vehicle Inspections to reflect the addition. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky hereby creates Article V Mobile Food Vehicle Inspections of Chapter 46 Fire Prevention & Protection of the Paducah Code of Ordinances as follows: ARTICLE V. MOBILE FOOD VEHICLE INSPECTIONS. Sec. 46-105. Title. This article shall be known and may be cited as the Mobile Food Vehicle Inspections Code. Sec. 46-106. Purpose and Intent It is the purpose of this article to implement a fee for the inspection of Mobile Food Vehicles operating within the City of Paducah and McCracken County, Kentucky. Sec. 46-107. Definitions Definitions shall be consistent with those in Section 126-87(b) of the Code of Ordinances of the City of Paducah, Kentucky. Sec. 46-108. Inspection Required – City Mobile Food Vendors. Pursuant to Section 126-87 of the Code of Ordinances of the City of Paducah, Kentucky, Mobile Food Vendors must obtain an inspection by the Paducah Fire Prevention Division in order to vend within the City limits. Said inspections shall be valid for one (1) calendar year from the date of issuance, unless the Mobile Food Permit is revoked. Sec. 46-109. Inspection Authorized – County Mobile Food Vendors. The Paducah Fire Prevention Division is hereby authorized and empowered to perform inspections for Mobile Food Vehicles which operate outside of City limits, but within McCracken County, as required by the McCracken County Fiscal Court. Said inspections shall be valid for one (1) calendar year from the date of issuance. Sec. 46-110. Inspection Fee. A fee of $50 is hereby established for each Mobile Food Vehicle inspection performed by the Paducah Fire Prevention Division for City and County Mobile Food Vendors. Further, each subsequent renewal inspection shall be at a fee of $50 per inspection. Sec. 46-111. Penalty. Failure to obtain a Paducah Fire Prevention Division inspection or renewal inspection for a Mobile Food Vehicle which operates within Paducah City limits may result in penalties as outlined in Section 126-87 of the Code of Ordinances of the City of Paducah, Kentucky. Penalties for those Mobile Food Vehicles operating outside of Paducah City limits shall be promulgated and enforced by the McCracken County Fiscal Court. 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. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, ____________________________ Adopted by the Board of Commissioners, ______________________________ Recorded by the City Clerk, __________________________________ Published by The Paducah Sun, ______________________________ ord\46-105 Mobile Food Vehicle Inspections Agenda Action Form Paducah City Commission Meeting Date: July 27, 2021 Short Title: Approve Remote Workers Incentive Program - K BYERS Category: Ordinance Staff Work By: Kathryn Byers Presentation By: Kathryn Byers Background Information: The City of Paducah is wishing to attract new individuals, families, and talent to the city who are currently working remotely. The City recognizes that remote workers are often attracted to communities and programs which offer financial incentives, community building opportunities, assistance with internet access, and tax rebates. This ordinance establishes the conditions and/or requirements for individuals who participate in the program. The following conditions have to be met in order to qualify for the incentive program: be 21 years old or older; be a U.S. citizen or authorized to work in the U.S.; Live at least 100 miles outside the city at the time of application; Work full-time for a company which has no office closer than 100 miles to the city; Provide written documentation of remote work permission from employer; Agree in writing that primary residency will be established within three (3) months; And agree that residency will be maintained for at least one (1) year. Eligible participants will receive up to $2,500 reimbursement for expenses associated with relocated to the city. Eligible expenses include renter's deposit, down payment on a home, rental of a moving truck, the hiring of professional movers, and/or the purchase of packing materials. Additionally, they will be eligible for reimbursement in the amount up to $70.00 per month for internet services. All participants will receive a waiver of payroll taxes for a twelve (12) month period. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Remote Workers Incentive Program Communications Plan: Potential Remote Workers will be reached through multiple layers of marketing. Google Display ads will be utilized to market to people while they are browsing online, watching YouTube videos, checking Gmail or using mobile devices and apps. Social Media networks such as Facebook, LinkedIn, Instagram, and Twitter will be used for marketing. E-newsletters will also be utilized to spread the word about the program. The city will also partner with a PR group for additional communication. The marketing campaign will be initiated with six cities. Funds Available:Account Name: Remote Workers Incentive Project Account Number: ED0118 Staff Recommendation: Adoption of this ordinance will establish the framework and requirements for the remote workers incentive program. Attachments: 1.Remote Workers Incentive Program 2021 ORDINANCE NO. 2021-__________________________ AN ORDINANCE ESTABLISHING THE REMOTE WORKERS INCENTIVE PROGRAM WHEREAS, the City of Paducah wishes to attract new individuals, families, and talent to the City; WHEREAS, the City recognizes that technology is making work more easily accessible from home or other remote locations and that workers are increasingly attracted to jobs and industries which allow them to work remotely; WHEREAS, the City recognizes that remote workers are often attracted to communities and programs which offer financial incentives, community building opportunities, assistance with internet access, and tax rebates; and WHEREAS, the City wishes to establish a Remote Workers Incentive Program to attract new, talented workers to live, work, shop, and attend school in the City of Paducah, thereby helping to better the community and boost the local economy. NOW THEREFORE BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky hereby establishes the City Remote Workers Incentive Program with the following conditions and/or requirements: (a) Eligibility. In order to be eligible to participate in the City Remote Workers Incentive Program, an applicant/employee must: (1) Be 21 years old or older; (2) Be a U.S. Citizen, lawful permanent resident, or have other credentials necessary to work in the United States; (3) Live at least 100 miles outside the limits of the City of Paducah at the time of application for the City Remote Workers Incentive Program; (4) Work full-time for a company in which all offices are located at least 100 miles outside the limits of the City of Paducah; (5) Be able to perform a majority of their employment duties remotely from a home office or co-working space located inside the City of Paducah limits evidenced by written documentation from their employer; (6) Acquire primary residency in the City of Paducah within three (3) months of acceptance into the Remote Workers Incentive Program, as evidenced by a lease with a physical address or a deed of conveyance of real estate which includes a home; (7) Agree in writing that s/he will retain primary residence in the City of Paducah for at least one (1) year beyond the initial twelve-month program; and (8) Not be a participant in any other publicly-funded program/initiative. (b) Incentives. Individuals accepted into the City Remote Workers Incentive Program may be eligible to receive the following: (1) Up to $2,500.00 reimbursement for expenses associated with relocating to the City of Paducah. Expenses shall include: renter’s deposit, down payment on a home, rental of moving trucks or trailers, the hiring of professional movers, and/or the purchase of packing materials. (2) Up to $70.00 per month reimbursement for fees associated with provision of internet services provided to a residence located within the City of Paducah. Such reimbursement shall be limited to twelve (12) months. (3) Waiver of City of Paducah Payroll taxes for twelve (12) months. (c) Equal Opportunity. All individuals who meet the eligibility criteria set forth in this Ordinance shall have an equal opportunity to participate in the City Remote Workers Incentive Program without regard to race, color, age, religion, sex, disability, sexual orientation, or national origin. SECTION 2. The Remote Workers Incentive Program shall be funded by Project Number ED0118 Remote Workers Incentive Program. SECTION 3. The provisions of this Ordinance are declared to be severable. If any section, phrase or provision shall for any reason be declared invalid, such declaration shall not affect the validity of the remainder of this Ordinance. SECTION 4. This Ordinance shall be read on two separate days and become effective upon summary publication pursuant to KRS Chapter 424. George Bray, Mayor ATTEST: City Clerk Introduced by the Board of Commissioners, , 2021 Adopted by the Board of Commissioners, , 2021 Recorded by the City Clerk, , 2021 Published by The Paducah Sun, , 2021 Ordinance created by S Blankeship ORD/Remote Workers Incentive Program 2021 258022