HomeMy WebLinkAboutCCMPacket2021-08-10CITY COMMISSION MEETING
AGENDA FOR AUGUST 10, 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
NEW EMPLOYEE INTRODUCTIONS Finance Revenue Technician Angie Stanfield; Human Resources
Generalist McKenzie Huskey; 911 Telecommunicators Emilee Jones, Bryce Mansfield, Landon Schellhardt &
Sycilia Titsworth
MAYOR'S REMARKS
PRESENTATION Economic Development Update - Bruce Wilcox, Greater Paducah Economic
Development
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 July 27, 2021
B.Receive & File Documents
C.Personnel Actions
D.Approve Contract for Services with Paxton Park in the amount of
$85,000 - A CLARK
II. MUNICIPAL ORDER(S)
A.Approve Merger of the West McCracken Water District and Paducah
Water Systems - JASON PETERSEN & BRUCE WILCOX
B.Approve Memorandum of Understanding with the McCracken County
Fiscal Court & Sports Tourism Commission regarding the Paducah-
McCracken County Athletic Complex - G BRAY
C.Approve Memorandum of Understanding with McCracken County for
the E-911 Partnership Formation - G BRAY
III. ORDINANCE(S) - ADOPTION
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. ORDINANCE(S) - INTRODUCTION
A.Approve an Interlocal Cooperation Agreement with McCracken County
and Barkley Regional Airport Authority for Local Share Payment of the
Aiport Terminal Project - G BRAY
V. DISCUSSION
A.Community Policing Update - B LAIRD
VI. COMMENTS
A.Comments from the City Manager
B.Comments from the Board of Commissioners
C.Comments from the Audience
VII. EXECUTIVE SESSION
July 27, 2021
At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, July 27, 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 Guess, Henderson, Wilson and Mayor Bray (4). Commissioner Gault was absent
(1).
INVOCATION:
Commissioner Guess led the invocation.
PLEDGE OF ALLEGIANCE
Mayor Bray led the pledge.
RECOGNITION: City Manager James Arndt was recognized with a plaque for his three years of
service to the City of Paducah.
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 17 & 18, 2021 and July 13, 2021
I(B) 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
July 27, 2021
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.
I(C) Personnel Actions
I(D)
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 (MO #2487; BK 12)
Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the items on the
consent agenda be adopted as presented.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson and Mayor Bray (4).
ORDINANCE ADOPTIONS
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 adopt 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.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson and Mayor Bray (4).
(ORD 2021-07-8693; BK 36)
CHANGE ORDER FOR PUMP STATION #2 CONSTRUCTION CONTRACT WITH
PACE CONTRACTING, LLC IN THE AMOUNT OF $121,733.29
Commissioner Wilson offered Motion, seconded by Commissioner Guess, that the Board of
Commissioners adopt 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
July 27, 2021
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.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson and Mayor Bray (4).
(ORD 2021-07-8694; BK 36)
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 Henderson, that the Board
of Commissioners adopt 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.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson and Mayor Bray (4).
(ORD 2021-07-8695; BK 36)
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 adopt 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.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson and Mayor Bray (4).
(ORD 2021-07-8696; BK 36)
ORDINANCE INTRODUCTIONS
ZONING TEXT AMENDMENT FOR NEW LAND USES
Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners introduce an Ordinance entitled: “AN ORDINANCE AMENDING CHAPTER 126
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH.” This Ordinance is
summarized as follows: This Ordinance amends Chapter 126 of the Code of Ordinances of the City
July 27, 2021
of Paducah, Kentucky, to define and permit cottage homes with certain requirements. 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. Manufactured homes, mobile homes, campers,
recreational vehicles, storage buildings, shipping containers and/or sheds are not considered to be
cottage homes. Further, this amendment defines and allows short-term rentals and special event
short-term rentals which are rented less than 30 consecutive days in certain zones. This amendment
also allows for the construction of 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%; allows the outdoor
sale of food items, vegetables, fruits and garden implements; allows multi-family structure density
to be determined by the Kentucky Building Code in the B-1 Convenience & Service Zone and in
higher-intensity zones; allows seasonal fireworks tents in the B-3 General Business Zone and in
higher-intensity zones; and allows only commercial uses in the front 2/3 of the ground floor of
buildings in the H-1 Historic Commercial Zone.
ZONING TEXT AMENDMENT FOR MOBILE FOOD VEHICLES/FOOD TENTS
Commissioner Guess offered motion, seconded by Commissioner Henderson, that the Board
of Commissioners introduce an Ordinance entitled: “AN ORDINANCE AMENDING
CHAPTER 126 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH
RELATED TO MOBILE FOOD VEHICLES.” This Ordinance is summarized as follows:
This ordinance amends Section 126-87 Mobile Food Vehicles of the Paducah Code of
Ordinances to define Food Tents in accordance with the Kentucky Building Code, allow
them as an exemption in the Highway Business District and provide specific guidance for
the regulation of Food Tents in the B-2 Downtown Business Zone and in higher-intensity
zones. This amendment allows Mobile Food Vehicles to operate closer than 100 feet to a
brick-and-mortar restaurant(s) with the specific written consent of said restaurant(s) and
removes the 14-day time period in which a mobile food vehicle must move. 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.
AMEND CHAPTER 46 OF THE PADUCAH CODE OF ORDINANCE TO CREATE
A MOBILE FOOD VEHICLE FIRE INSPECTION FEE
Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the
Board of Commissioners introduce an Ordinance entitled: “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.” This
Ordinance is summarized as follows: This Ordinance creates Article V Mobile Food Vehicle
Inspections of Chapter 46 Fire Prevention & Protection of the Paducah Code of Ordinances
for the purpose of implementing a fee of $50.00 for each Mobile Food Vehicle inspection
performed by the Paducah Fire Prevention Division for City of Paducah Mobile Food
Vehicles. Further, this Ordinance authorizes and empowers the Paducah Fire Prevention
Division 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 for McCracken County Mobile Food Vehicles shall be performed at a cost
of $50.00. Said inspections shall be valid for one (1) calendar year from the date of issuance
and subsequent renewal inspections shall be at a fee of $50 per inspection.
July 27, 2021
REMOTE WORKERS INCENTIVE PROGRAM
Commissioner Wilson offered motion, seconded by Commissioner Guess, that the Board of
Commissioners introduce an Ordinance entitled: “AN ORDINANCE ESTABLISHING THE
REMOTE WORKERS INCENTIVE PROGRAM.” This Ordinance is summarized as
follows: The City of Paducah, Kentucky, hereby establishes the City Remote Workers
Incentive Program with certain conditions and/or requirements. In order to be eligible to
participate in the City Remote Workers Incentive Program, an applicant/employee must be
21 years old or older; be a U.S. Citizen, lawful permanent resident, or have other credentials
necessary to work in the United States, 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, work
full-time for a company in which all offices are located at least 100 miles outside the limits
of the City of Paducah, 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, acquire
primary residency in the City of Paducah within three (3) months of acceptance into the
Program, agree to retain primary residence in the City of Paducah for at least one (1) year
beyond the initial twelve-month program; and not be a participant in any other publicly-
funded program/initiative. Individuals accepted into the City Remote Workers Incentive
Program may be eligible to receive up to $2,500.00 reimbursement for expenses associated
with relocating to the City of Paducah; Up to $70.00 per month reimbursement for fees
associated with provision of internet services for a period of twelve (12) months; and waiver
of City of Paducah payroll taxes for twelve (12) months.
DISCUSSIONS
Communications Manager Pam Spencer offered the following discussion summaries:
Commission Priorities Update
Assistant City Manager Michelle Smolen provided an update on the second quarterly
report of the City Commission Priorities. In February, the Board selected 12
priorities to improve and enhance Paducah. The quarterly reports showing the
progress are posted on the City's website at http://paducahky.gov/commission-
priorities.
911 and Sports Complex Update
As a follow-up to the joint City and County meeting held June 24, Mayor George
Bray reported that the City and County are working to develop the Memorandums of
Understanding for the two projects that the City and County are partnering to move
forward: 911 capital improvements and the outdoor sports and recreation
complex. Mayor Bray expects both of those MOUs will be introduced in August.
Robert Cherry Civic Center Discussion
July 27, 2021
The Board continued discussing renovating the 9300 square foot Robert Cherry
Civic Center located at 2701 Park Avenue. The plan is to use about a quarter of the
building for office space for the Parks & Recreation Department and move the
Department out of the H.C. Mathis Drive building that has high maintenance and
utility costs. At this meeting, the Board reviewed preliminary floor plans developed
by Peck Flannery Gream Warren to provide office space for the Parks & Recreation
Department (about 2250 square feet) and a public assembly space (about 7050
square feet). The estimated cost to update the building with new electrical, HVAC,
plumbing, windows, doors, signage and landscaping, and office space for the Parks
Department is slightly more than $1.1 million.
COMMENTS
City Manager Jim Arndt expressed appreciation to the Commission and Staff for their kindness
and hard work during his three years of service to the City.
Commissioners expressed appreciation for the work Jim has done during his three years with the
City of Paducah.
EXECUTIVE SESSION
Commissioner Guess offered motion, seconded by Commissioner Henderson, that the Board of
Commissioners go into closed session for discussion of matters pertaining to the following topics:
Discussions of proposed or pending litigation against or on behalf of the public agency KRS
61.810(1)(c)
A specific proposal by a business entity where public discussion of the subject matter would
jeopardize the location, retention, expansion or upgrading of a business entity, as permitted
by KRS 61.810(1)(g)
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson and Mayor Bray (4).
RECONVENE
Commissioner Wilson offered motion, seconded by Commissioner Henderson, to reconvene the
meeting of the Paducah Board of Commissioners in open session.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson and Mayor Bray (4).
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 Guess, Henderson, Wilson and Mayor Bray (4)
July 27, 2021
TIME ADJOURNED: 7:44 p.m.
ADOPTED: August 10, 2021
______________________________
George Bray, Mayor
ATTEST:
________________________________
Lindsay Parish, City Clerk
August 10, 2021
RECEIVE AND FILE DOCUMENTS:
Minutes:
1. Oath of Office – Daron E. Jordan – City Manager 08-02-2021
2. Oath of Office – Daron E. Jordan – Alcohol Beverage Administrator – 08-02-2021
Contract File:
1. Mutual Aid Agreement for Water Rescue with the City of Metropolis MO #2487
2. Commonwealth of Kentucky (CDBG)– Contract Modification with Pace Contracting,
LLC – Change Order for Pump Station #2 – ORD 2021-07-8694
3. Change Order for Pump Station #2 – Construction Contract with Pace Contracting, LLC
in the amount of $121,733.29 – ORD 2021-07-8694
Bids File:
1. Uniforms for Public Works, Engineering and Parks Department
a. Aramark Uniform Services (awarded bid - MO #2476)
b. Unifirst Corp.
Financials File:
1. Paducah Water Works – Month ended June 30, 2021
CITY OF PADUCAH
August 10, 2021
Upon the recommendation of the City Manager's Office, the Board of Commissioners of the
City of Paducah order that the personnel changes on the attached list be approved.
Michelle Smolen
City Manager's Office Signature
August 5, 2021
Date
CITY OF PADUCAH
PERSONNEL ACTIONS
NEW HIRES - FULL-TIME (F/T)
E911 POSITION RATE OF PAY NCS/CS FLSA EFFECTIVE DATE
Mansfield, Bryce Telecommunicator $17.49/hr NCS Non-Ex July 15, 2021
Titsworth, Sycilia Telecommunicator $17.49/hr NCS Non-Ex July 15, 2021
NEW HIRES - PART-TIME (P/T)
PARKS & RECREATION POSITION RATE OF PAY NCS/CS FLSA EFFECTIVE DATE
Coulter, Marquis Parks Maintenance - Laborer $11.00/hr NCS Non-Ex August 12, 2021
Grogan, Wes Lifeguard $10.00/hr NCS Non-Ex June 24, 2021
Love, Jermie Parks Maintenance - Laborer $11.00/hr NCS Non-Ex August 12, 2021
Tyler, Laquenta Recreation Leader - Athletics $11.00/hr NCS Non-Ex June 10, 2021
PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS - FULL-TIME (F/T)
PREVIOUS POSITION CURRENT POSITION
E911 AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE
Schellhardt, Landon Telecommunicator Telecommunicator NCS Non-Ex July 29, 2021
$19.49/hr $17.49/hr
ADMINISTRATION
Wilson, Ty Grants Administrator Grants Administrator NCS Ex July 15, 2021
$22.30/hr $22.75/hr
FIRE - PREVENTION
Tinsman, April Deputy Fire Marshal Deputy Fire Marshal NCS Non-Ex July 29, 2021
$30.81/hr $31.73/hr
PUBLIC WORKS
Riley, David Streets Supervisor Streets Supervisor NCS Ex July 15, 2021
$24.88/hr $25.63/hr
PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS - PART-TIME (P/T)
PREVIOUS POSITION CURRENT POSITION
Parks & Recreation AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE
Lamphere, James F.Park Ranger Park Ranger NCS Non-Ex July 1, 2021
$10.00/hr $11.00/hr
ADMINISTRATION POSITION REASON EFFECTIVE DATE
Wilson, Ty Grants Administrator Resignation August 6, 2021
FIRE - SUPPRESSION
Rathman, Ronald Battalion Chief of Training Retirement July 31, 2021
PUBLIC WORKS
Kaufman, Marvin Equipment Operator Termination July 30, 2021
Parks & Rec POSITION REASON EFFECTIVE DATE
Taylor, Mark Lifeguard Resignation July 14, 2021
August 10, 2021
TERMINATIONS - FULL-TIME (F/T)
TERMINATIONS - PART-TIME (P/T)
Agenda Action Form
Paducah City Commission
Meeting Date: August 10, 2021
Short Title: Approve Contract for Services with Paxton Park in the amount of $85,000 - A CLARK
Category: Municipal Order
Staff Work By: Amie Clark, Mary Wurth
Presentation By: Amie Clark
Background Information: Budget was approved and commission agreed to pay Paxton Park $85,000 to
provide a quality public recreational facility to Paducah and McCracken County. Contract attached.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: Invest Fund-Econ Dev Paxton Park Golf Board
Account Number: 24000401 - 580110
Staff Recommendation: Authorize Mayor to sign contract with Paxton Park in the amount of $85,000.
Attachments:
1.MO contract-Paxton Park FY2022
2.Paxton Park Contract
MUNICIPAL ORDER NO. _______
A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE A CONTRACT WITH PAXTON PARK GOLF BOARD, d/b/a
PAXTON PARK MUNICIPAL GOLF COURSE, IN AN AMOUNT OF $85,000 FOR
SPECIFIC SERVICES AND AUTHORIZING THE FINANCE DIRECTOR TO
TRANSFER FUNDS TO SAID BOARD
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is hereby authorized and directed to execute
a contract with Paxton Park Golf Board in the amount of $85,000 for specific services for
the Paducah area. This contract shall expire June 30, 2022.
SECTION 2. This expenditure shall be charged to the General Fund -
Paxton Park Golf Board - Account No. 2400 0401 580110
SECTION 3. 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, August 10, 2021
Recorded by Lindsay Parish, City Clerk, August 10, 2021
\mo\contract-Paxton Park FY2022
Agenda Action Form
Paducah City Commission
Meeting Date: August 10, 2021
Short Title: Approval of a Merger of the West McCracken Water District and Paducah Water Systems
Category: Municipal Order
Staff Work By: Jason Petersen, PW
Presentation By: Bruce Wilcox, GPED
Background Information:
McCracken County’s largest industrial site, the Triple Rail Mega-Site is currently located wholly within the
West McCracken Water District (WMWD) service area. Any industrial development located within this site
would therefore become a customer of WMWD. Currently, WMWD is considered a consecutive system, and
purchases water at a wholesale rate under an agreement with Paducah Water. Any substantial development
within the WMWD system directly affects PW’s system, and the needs/costs associated with infrastructure and
available capacity of water for new industrial prospects has been difficult to clearly define. This has been a
detrimental factor in the negotiation process with industrial prospects. Further, WMWD’s rate structure is
much higher than that of PW. For larger industrial customers, this could be as much as 50% higher than if the
development were in PW’s system. Depending on usage and meter size, the majority of existing residential and
smaller commercial WMWD customers will likely experience a reduction in water bills from 20% to 30%.
At the request of GPED, Judge Executive Clymer met with the WMWD Board and discussed the possibility of
merging with PW in an effort to enhance economic development efforts, while at the same time, lowering the
cost of the average WMWD customer’s water bill. After consideration, WMWD board was agreeable, and
formally requested that PW consider a merger of the two systems. After consideration and PW staff review of
the WMWD system, PW’s Board of Commissioners unanimously agreed to continue to explore a merger of the
two systems.
On July 19, 2021, WMWD and PW formally entered into an agreement to merge the two water systems, with
the combined system and all assets and liabilities of WMWD to become the responsibility of PW upon closing.
Approval of the merger of the two systems by the Commission is the next step in the merger process. Upon
approval by the Commission, the merger agreement will be submitted for a required approval by the Kentucky
Public Service Commission. The PSC filing will be a public record.
Does this Agenda Action Item align with a Commission Priority? No.
If yes, please list the Commission Priority:
Communications Plan: n/a
Funds Available: Account Name: n/a
Account Number: n/a
Recommendation: Approve the Municipal Order as presented.
Attachments:
1. Municipal Order Approving and Authorizing Paducah Water Works Merging with the West McCracken
County Water District
233301
MUNICIPAL ORDER NO. _________
A MUNICIPAL ORDER APPROVING AND AUTHORIZING PADUCAH
WATER WORKS MERGING WITH THE WEST MCCRACKEN COUNTY
WATER DISTRICT
WHEREAS, Paducah Water Works, a municipally owned water company, has
negotiated and executed a merger agreement with the West McCracken County Water District;
and
WHEREAS, the aforesaid agreement must be reviewed and approved by the Kentucky
Public Service Commission; and
WHEREAS, it is desirable to evidence to the Kentucky Public Service Commission that
the City of Paducah is both aware of the aforesaid merger and does authorize and approved same.
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY,
AS FOLLOWS:
1. That the Board of Commissioners of the City of Paducah declares that the
aforesaid merger is in the best interest of the entire community of Paducah and
McCracken County.
2. That the Board of Commissioners of the City of Paducah finds the terms of
merger agreement to be fair, just, and reasonable for all concerned.
3. That the Board of Commissioners of the City of Paducah requests the Kentucky
Public Service Commission to approve the merger agreement in the form filed and
before said Commission.
__________________________________________
Mayor George Bray
ATTEST:
_______________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, ______________________, 2021
Adopted by the Board of Commissioners, ______________________, 2021
Recorded by City Clerk, ______________________, 2021
MO\Paducah Water Merger – West McCracken Water District 2021
Agenda Action Form
Paducah City Commission
Meeting Date: August 10, 2021
Short Title: Approve Memorandum of Understanding with the McCracken County Fiscal Court & Sports
Tourism Commission regarding the Paducah-McCracken County Athletic Complex - G BRAY
Category: Municipal Order
Staff Work By: Lindsay Parish
Presentation By:
Background Information: This Municipal Order authorizes and approves a Memorandum of Understanding
between the City of Paducah, the County of McCracken and the Sports Tourism Commission regarding
funding of a Paducah-McCracken County Athletic Complex. The MOU commits the City and County to
negotiate in good faith to develop an Interlocal Cooperation Agreement which will establish more specifically
the terms and conditions under which the Athletic Complex will be designed, constructed, funded, equipped,
operated and maintained. The MOU states that said Interlocal Agreement should be in place no later than
January 1, 2022 and that it will override and replace this MOU when approved.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Outdoor Sports Facilities - Bluegrass Downs and Stuart
Nelson Park
Communications Plan:
Funds Available:Account Name: 2020A GOB Bond Proceeds
Account Number:
Staff Recommendation:
Attachments:
1.MOU – Sports Athletic Complex 2021
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY,
AUTHORIZING AND APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE COUNTY OF MCCRACKEN AND THE
MCCRACKEN COUNTY SPORTS TOURISM COMMISSION REGARDING
FUNDING OF A PADUCAH-MCCRACKEN COUNTY ATHLETIC
COMPLEX; AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS
RELATED TO SAME
WHEREAS, the City of Paducah (the “City”), McCracken County (the “County”) and the
McCracken County Sports Tourism Commission (“Commission”) acknowledge the economic and
quality of life benefits that may be achieved from development of a high-quality athletic complex
expected to draw visitors to the City and County for sports tournaments and athletic events while
also meeting identified sports and recreational needs of local residents; and
WHEREAS, the parties desire to develop a premier athletic complex of the type described
as the “Full Build Out” in the Master Plan Report of the McCracken County Sports Tourism
Commission dated February 5, 2021 (the “Athletic Complex”); and
WHEREAS, the parties desire to enter into a Memorandum of Understanding to establish
each party’s commitment and duties with regard to the funding of the Athletic Complex.
NOW THEREFORE, BE IT ORDERED BY THE CITY COMMISSION OF THE CITY
OF PADUCAH, KENTUCKY, AS FOLLOWS:
SECTION 1. Recitals and Authorization. The City hereby authorizes and
approves a Memorandum of Understanding Regarding Funding of a Paducah-McCracken County
Athletic Complex by and between the City of Paducah, the County of McCracken and the
McCracken County Sports Tourism Commission, in substantially the same form attached hereto
and made part hereof as Exhibit A. Further, the Mayor of the City is hereby authorized to execute
the Memorandum of Understanding and all documents relating to same with such changes in the
agreements not inconsistent with this Municipal Order and not substantially adverse to the City as
may be approved by the official executing the same on behalf of the City.
SECTION 2. Effective Date. 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, August 10, 2021
Recorded by Lindsay Parish, City Clerk, August 10, 2021
\MO\MOU – Sports Athletic Complex 2021
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
REGARDING FUNDING OF A PADUCAH-McCRACKEN
COUNTY ATHLETIC COMPLEX
This Memorandum of Understanding (“MOU”) is entered into as of this ___ day of
July, 2021 by and between the CITY OF PADUCAH, KENTUCKY (“City”), the COUNTY
OF McCRACKEN, KENTUCKY (“County”), and the McCRACKEN COUNTY SPORTS
TOURISM COMMISSION (“Commission”).
WHEREAS, the City, County, and Commission acknowledge the economic and
quality of life benefits that may be achieved from development of a high-quality athletic
complex expected to draw visitors to the City and County for sports tournaments and
athletic events while also meeting identified sports and recreational needs of local
residents; and
WHEREAS, the parties desire to develop a premier athletic complex of the type
described as the “Full Build Out” in the Master Plan Report of the McCracken County
Sports Tourism Commission dated February 5, 2021 (the “Athletic Complex”); and
WHEREAS, the parties desire to enter into this MOU to establish each party’s
commitment and duties with regard to the funding of the Athletic Complex;
NOW THEREFORE, the City, County, and Commission agree to the following:
1. Commitment. The City and County each commit in good faith to participate
in financing the design, development, construction, operation, and maintenance costs of
the Athletic Complex on an equal (i.e., 50-50) basis upon the general terms and conditions
set forth herein. This MOU is intended as a high-level statement of the respective
commitments of the parties to finance the development and operating costs of the Athletic
Complex. The parties commit in good faith and with diligence to negotiate and execute
a definitive Interlocal Cooperation Agreement (the “Interlocal Agreement”). The Interlocal
Agreement will establish more specifically the terms and conditions under which the
Athletic Complex will be designed, constructed, funded, equipped, operated, and
maintained and will replace this MOU in its entirety.
2. Real Property. The County will devote to the project the Bluegrass Downs
land and facilities along with the tracts and property interests adjoining the Bluegrass
Downs land recently acquired by the County. The City will devote to the project the Stuart
Nelson Park property located south of the Greenway Trail. The parties agree that the
real property interests to be devoted to the project by City and County are equivalent in
value. The parties agree that the legacy of Stuart Nelson Park and the life of William
Stuart Nelson will be honored in a fitting manner such as is proposed in the aforesaid
Master Plan Report as the same may be modified in the Interlocal Agreement.
3. Construction Financing. The City and County agree that costs for designing,
developing, constructing, equipping, and commissioning the Athletic Complex
(“Construction Costs”) shall be shared equally by the City and County, with each party
paying fifty (50%) percent of such costs, as follows:
A. The City and County shall each make an initial contribution of cash
or the equivalent in the amount of $12.5 million towards payment of the Construction
Costs. These funds shall be made available in accordance with the schedule and upon
the terms and conditions as will be set forth in the Interlocal Agreement(ILA). The parties
agree that the ILA is to be in place no later than January 1, 2022.
B. Total Construction Costs are presently estimated to be
approximately $17.5 million above and beyond the $25 million provided for in subsection
A of this Section 3. Should the estimate of additional costs exceed $42.5M the parties
shall mutually agree as to increasing the funding or reducing the scope of the project and
how.
C. Beginning in Fiscal Year 2022 and in each subsequent fiscal year
thereafter until the debt service on only any bonds issued by City or County over and
above the original 12.5 million dollars referenced in Paragraph A above, to finance
Construction Costs has been paid in full, the Commission shall set aside and devote
eighty (80%) percent of the transient room tax payments actually received by it (the “TRT
Receipts”) during the fiscal year to the payment of the debt service on said Construction
Costs. One-half of the eighty (80%) percent of the TRT Receipts for the year shall be
paid directly to the City or to its bond trustee as directed by the City until the City’s debt
service on financed Construction Costs is paid in full (from whatever sources). One-half
of the TRT Receipts for the year shall likewise be paid directly to the County or to its bond
trustee as directed by the County until the County’s debt service on financed Construction
Costs is paid in full (from whatever sources). City and County shall each be solely
responsible for payment of the costs of issuance of any municipal bonds.
D. Beginning in the fiscal year in which the Athletic Complex begins
operations, any unrestricted operating revenues received by the Commission for the year
in excess of the greater of the Commission’s actual or budgeted expenses for operation
of the Athletic Complex (including reasonable budget reserves for contingencies, capital
improvements, and depreciation) (the “Excess Revenues”) shall be devoted by the
Commission to payment of the City’s and County’s debt service as provided in the
following sentence. One-half of the Excess Revenues for the year shall be paid directly
to the City or to its bond trustee as directed by the City until the City’s debt service on
financed Construction Costs is paid in full (from whatever sources). One-half of the
Excess Revenues shall likewise be paid directly to the County or to its bond trustee as
directed by the County until the County’s debt service on financed Construction Costs is
paid in full (from whatever sources).
E. City and County shall each be responsible for arranging for payment
of its share of the Construction Costs on a timely basis. The parties pledge to cooperate
in good faith in assisting the City and County in their respective efforts to arrange financing
for their obligations whether through the issuance of municipal bonds, the obtaining of
conventional financing, or the seeking of state or federal grants or private donations.
4. Support of Operations. In any fiscal year for which unrestricted revenues
received by the Commission on account of its operation of the Athletic Complex are
insufficient to cover the Commission’s expenses attributable to the Athletic Complex (a
“Shortfall”), the City and County shall each make up one-half of the Shortfall by making
payment directly to the Commission or its designee from general funds of the City or
County or other funding source. If the Commission in good faith determines that such a
Shortfall will occur during the course of a given fiscal year, the Commission may send
notice to the City and County of the estimated amount of the Shortfall and the City and
County shall each pay to the Commission one-half of the estimated Shortfall. All
payments of any actual or estimated Shortfalls shall be made by the City and County
within thirty (30) days of receipt of notice of same. If, at the conclusion of a given fiscal
year, the Commission incurred no net Shortfall of unrestricted revenues over expenses
attributable to operation of the Athletic Complex, the Commission shall promptly refund
to the City and County any amounts paid by each of said parties towards the estimated
Shortfall during the course of the fiscal year. For any fiscal year in which the City and
County cover a Shortfall, the amounts so paid by City and County shall be reimbursed by
the Commission in the manner specified in Section 3 after all debt service for Construction
Costs of the City and/or County have been paid in full. The Commission shall provide to
City and County any information, records, or documents reasonably requested by them
in connection with a notice to cover an actual or estimated Shortfall.
5. Miscellaneous Provisions. The following miscellaneous provisions shall
apply:
A. Notices. All notices provided for herein will be in writing and
addressed to the parties. Notice shall be effective upon actual receipt of same.
B. Entire Agreement. This MOU expresses the complete agreement of
the parties and supersedes all prior written or oral agreements or understandings among
the City, County, and Commission with regard to the matters addressed herein. The
Interlocal Agreement when executed, will replace this MOU in its entirety..
C. Amendments. This MOU may not be modified or amended unless
by a writing signed by each party hereto.
D. Counterparts. This MOU may be executed simultaneously or in any
number of counterparts, each of which shall be deemed to be an original, but all of which
together shall constitute one and the same agreement.
E. Relationship of Parties. Neither the execution of this MOU, nor the
consummation of the development and operation of the Athletic Complex contemplated
hereunder shall create or constitute a partnership, joint venture, or any other form of
business organization among the parties. No party hereto shall be an agent, fiduciary or
employee of another party, nor shall a party have any power to assume or create any
obligation on behalf of any other party.
F. Third Party Beneficiaries. There are no third party beneficiaries to
this MOU.
IN WITNESS WHEREOF, the parties have signed this agreement as of the day
and date first above written.
CITY OF PADUCAH, KENTUCKY McCRACKEN COUNTY FISCAL
COURT
BY: ____________________________ BY: ____________________________
TITLE: __________________________ TITLE: _________________________
McCRACKEN COUNTY SPORTS
TOURISM COMMISSION ______________________________
SAM CLYMER,
BY: ____________________________ McCracken County Attorney
TITLE: __________________________
Agenda Action Form
Paducah City Commission
Meeting Date: August 10, 2021
Short Title: Approve Memorandum of Understanding with McCracken County for the E-911 Partnership
Formation - G BRAY
Category: Municipal Order
Staff Work By: Michelle Smolen
Presentation By:
Background Information: This Municipal Order authorizes a Memorandum of Understanding with
McCracken County for an E-911 Partnership. The Memorandum of Understanding commits the City and
County in good faith to form a Joint Paducah/McCracken County Community Services System and upgrade the
911 Communication Services System subject to final design plans. The MOU creates a joint 911
Communication Services Oversight Committee to explore funding options and make formal reports and
recommendations to the City Commission and McCracken County Fiscal Court. The MOU commits the City
and County to work in good faith toward the execution of an Interlocal Agreement which will establish more
specifically the terms and conditions under which the 911 Communication Services System will be designed,
constructed, funded, equipped, operated and maintained and will replace this MOU in its entirety.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: 911 Radio/Tower Upgrades and Operational Funding
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation:
Attachments:
1.MOU – E-911 Partnership Formation 2021
MUNICIPAL ORDER NO. _________
A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY,
AUTHORIZING AND APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE COUNTY OF MCCRACKEN REGARDING
E-911 PARTNERSHIP FORMATION; AND AUTHORIZING THE
EXECUTION OF ALL DOCUMENTS RELATED TO SAME
WHEREAS, the City of Paducah (the “City”) and McCracken County (the “County”)
acknowledge that it is necessary to upgrade the Paducah 911 Communications Services System,
which serves both the City and County; and
WHEREAS, the City desires to enter into this Memorandum of Understanding to establish
a Paducah / McCracken County Community 911 Communications Services System to set forth the
City’s and County’s commitments with regard to the system and such upgrades; and
NOW THEREFORE, BE IT ORDERED BY THE CITY COMMISSION OF THE CITY
OF PADUCAH, KENTUCKY, AS FOLLOWS:
SECTION 1. Recitals and Authorization. The City hereby authorizes and
approves a Memorandum of Understanding Regarding E-911 Partnership Formation by and
between the City of Paducah and the County of McCracken in substantially the same form attached
hereto and made part hereof as Exhibit A. Further, the Mayor of the City is hereby authorized to
execute the Memorandum of Understanding and all documents relating to same with such changes
in the agreements not inconsistent with this Municipal Order and not substantially adverse to the
City as may be approved by the official executing the same on behalf of the City.
SECTION 2. Effective Date. 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, August 10, 2021
Recorded by Lindsay Parish, City Clerk, August 10, 2021
\mo\MOU – E-911 Partnership Formation 2021
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
REGARDING E-911 PARTNERSHIP FORMATION
This Memorandum of Understanding (MOU) is entered into as of this ___ day of
June, 2021 by and between the CITY OF PADUCAH, KENTUCKY (“City”) and the
COUNTY OF MCCRACKEN, KENTUCKY (“County”).
WHEREAS, the City and County acknowledge that it is necessary to upgrade the
Paducah 911 Communications Services System, which serves both the City and County;
and
WHEREAS, parties desire to enter into this Memorandum of Understanding to
establish a Paducah / McCracken County Community 911 Communications Services
System and to set forth the City’s and County’s commitments with regard to the system
and such upgrades; and
NOW THEREFORE, the City and County agree to the following:
1. Commitment. The City and County each commit in good faith to form a Joint
Paducah / McCracken County Community Services System and upgrade the 911
Communication Services System, as soon as such upgrades are feasible, subject to final
design plans. The parties agree to explore options for cost sharing, cost optimization,
and, state and regional collaboration.
2. Joint Committee. The City and County agree to establish a 911
Communication Services Oversight Committee, which shall guide the parties in making
recommendations regarding the upgrades and pursuing funding options. The committee
shall make formal reports to the City and the County at least every sixty (60) days, with
the City and County making all final decisions regarding the upgrades. Said committee
shall consist of five (5) members and be jointly appointed by the City and County, with the
City appointing 2 committee members, one of which shall be a member of the city
commission, the County appointing 2 committee members, one of which shall be a
member of the McCracken County Fiscal Court, and 1 member being jointly appointed.
3. Cost Sharing. The City and County agree that costs for upgrading the
system shall be shared between the parties as follows:
A. All upfront capital expenditures which may be required to install
equipment related to the core operation of the system shall be either (i) shared equally
between the City and County, with each party paying fifty percent (50%) of such costs, or
(ii) through an increase in the county contribution to offset debt service as the parties
move toward partnership.
B. Costs of peripheral equipment shall be divided between the City and
County on a pro rata basis, based upon the equipment needs of each entity (Example:
number of radios required by each entity, etc.)
C. Upon completion of the partnership and upgrades, operational costs
of the 911 Communication Services System shall be divided between the City and County
on a pro rata basis, based upon use of services. For example, costs would be prorated
based upon (1) the number of calls and dispatches within the City limits, and (2) the
number of calls and dispatches outside the City limits, to be documented by a monthly
call log.
4. Financing. The City and County will work together to identify an appropriate
method of financing, which may include all or a portion of the following funding methods:
A. For capital expenditures:
i. State or federal grants and any other form of contribution
ii. Bonding of costs related to up-front capital investment
B. For operational costs:
i. Payment of costs from City and County general funds
ii. Alternatives to existing landline user fees
5. Good Faith Efforts/Time of Completion. Each party agrees to put forth a
good faith effort to identify and procure an appropriate financing method for the upgrades
as contemplated, and to have the financing method determined and agreed to by or
before February 1, 2022.
6. Miscellaneous Provisions. The following miscellaneous provisions shall
apply:
A. Notices. All notices provided for herein will be in writing and
addressed to the parties.
B. Counterparts. This MOU may be executed simultaneously or in any
number of counterparts, each of which shall be deemed to be an original, but all of which
together shall constitute one and the same agreement.IN WITNESS WHEREOF, the
parties have signed this agreement as of the day and date first above written.
C. The parties commit in good faith and with diligence to negotiate and
execute a definitive Interlocal Cooperation Agreement (the “Interlocal Agreement”). The
Interlocal Agreement will establish more specifically the terms and conditions under which
the 911 Communication Services System will be designed, constructed, funded,
equipped, operated, and maintained and will replace this MOU in its entirety.
DATED this ____ day of August, 2021.
CITY OF PADUCAH, KENTUCKY
By: _________________________________
Title: _____________________________
COUNTY OF McCracken, KENTUCKY
By: _______________________________
Title: _________________________________
_____________________________________
SAM CLYMER,
McCracken County Attorney
Agenda Action Form
Paducah City Commission
Meeting Date: August 10, 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: August 10, 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: August 10, 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: August 10, 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
Agenda Action Form
Paducah City Commission
Meeting Date: August 10, 2021
Short Title: Approve an Interlocal Cooperation Agreement with McCracken County and Barkley Regional
Airport Authority for Local Share Payment of the Aiport Terminal Project - G BRAY
Category: Ordinance
Staff Work By:
Presentation By:
Background Information: This Ordinance authorizes an Interlocal Cooperation Agreement between the
City of Paducah, McCracken County and the Barkley Regional Airport Authority regarding the Local Share
Payment for the Airport Terminal Project. The Airport has undertaken a project to build and construct a new
terminal (including design and construction of a sanitation sewer system) at the airport located at 2901 Fisher
Road, West Paducah, Kentucky 42086. The Terminal Project is estimated to cost Forty-Two Million Dollars
$42,000,000.00 in total. The Airport has received and obtained commitments from the Federal Aviation
Administration (the “FAA”), the Kentucky Department of Aviation (“KDA”), and other federal, state, and local
resources to provide funding for approximately eighty-seven percent (87%) of the Total Estimated Cost of the
Terminal Project.
The City and the County desire to provide resources and funding for any portion of the Terminal Project not
funded by the FAA, the KDA, and other federal state, and local resources. This Interlocal Agreement allows
the City, County, and the Airport set forth and clearly understand what portion of the Local Share of the
Terminal Project will be funded by the City and what portion of the Local Share of the Terminal Project will be
funded by the County. The Local Share of the Terminal Project is estimated at $5,800,000 which will be split
evenly between the City and the County. The total amount of the Local Share is only an estimate and may be
higher or lower than the estimate set forth in the Interlocal Cooperation Agreement. Funding for this project
will be provided by the2020A GOB Bond proceeds.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: 2020A GOB Bond Proceeds
Account Number:
Staff Recommendation:
Attachments:
1.Interlocal Agree – Barkley Regional Airport Terminal Project 2021
ORDINANCE NO. 2021-_____-__________
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY,
AUTHORIZING AND APPROVING AN INTERLOCAL AGREEMENT WITH
THE COUNTY OF MCCRACKEN AND THE BARKLEY REGIONAL
AIRPORT AUTHORITY REGARDING LOCAL SHARE PAYMENT OF THE
AIRPORT TERMINAL PROJECT IN AN ESTIMATED AMOUNT OF
$5,800,000 TO BE FUNDING EQUALLY BY THE CITY OF PADUCAH AND
THE COUNTY OF MCCRACKEN; AND AUTHORIZING THE EXECUTION
OF ALL DOCUMENTS RELATED TO SAME
WHEREAS, the Airport is a local air board established by the City and the County and
duly organized and operating under the laws of the Commonwealth of Kentucky as set forth in
KRS 183.132, et seq.; and
WHEREAS, the Airport has, with the encouragement and support of the City and
County, undertaken a project to build and construct a new terminal (including design and
construction of a sanitation sewer system) at the airport located at 2901 Fisher Road, West
Paducah, Kentucky 42086 (the “Terminal Project”); and
WHEREAS, the Terminal Project is estimated to cost Forty-Two Million Dollars
($42,000,000.00) (the “Total Estimated Cost”); and
WHEREAS, the Airport has received and obtained commitments from the Federal
Aviation Administration (the “FAA”), the Kentucky Department of Aviation (“KDA”), and other
federal, state, and local resources to provide funding for approximately eighty-seven percent (87%)
of the Total Estimated Cost of the Terminal Project; and
WHEREAS, the City and the County desire for the Airport to proceed with and complete
the Terminal Project and recognize that doing so will be a benefit to Paducah, McCracken County,
and western Kentucky; and
WHEREAS, the City and County desire to provide resources and funding for any portion
of the Terminal Project not funded by the FAA, the KDA, and other federal state, and local
resources (the “Local Share”); and
WHEREAS, the City, County, and the Airport desire to enter into this Agreement
in order to set forth and clearly understand what portion of the Local Share of the Terminal Project
will be funded by the City and what portion of the Local Share of the Terminal Project will be
funded by the County;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
SECTION 1. Recitals and Authorization. The City hereby authorizes and
approves an Interlocal Cooperation Agreement (the “Agreement”) by and between the City of
Paducah, Kentucky (the “City”), the County of McCracken County, Kentucky (the “County”), and
the Barkley Regional Airport Authority (the “Airport”) in substantially the same form attached
hereto and made part hereof as Exhibit A. Further, the Mayor of the City is hereby authorized to
execute the Agreement and all documents relating to same with such changes in the agreements
not inconsistent with this Ordinance and not substantially adverse to the City as may be approved
by the official executing the same on behalf of the City.
SECTION 2. 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 3. 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 4. Severability. 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 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 Lindsay Parish, City Clerk, ________________________
Published by The Paducah Sun, ______________________________
\ord\Interlocal Agree – Barkley Regional Airport Terminal Project 2021
Exhibit A
INTERLOCAL COOPERATION AGREEMENT
This INTERLOCAL COOPERATION AGREEMENT (the “Agreement”) is made,
entered into, and is effective on this the _____ day of ________, 2021, by and between the City of
Paducah, Kentucky (the “City”), the County of McCracken County, Kentucky (the “County”), and
the Barkley Regional Airport Authority (the “Airport”).
RECITALS
WHEREAS, the Airport is a local air board established by the City and the County and
duly organized and operating under the laws of the Commonwealth of Kentucky as set forth in
KRS 183.132, et seq.;
WHEREAS, the Airport has, with the encouragement and support of the City and County,
undertaken a project to construct a new terminal at the airport located at 2901 Fisher Road, West
Paducah, Kentucky 42086 (the “Terminal Project”);
WHEREAS, the Terminal Project is estimated to cost Forty-Two Million Dollars
($42,000,000.00) (the “Total Estimated Cost”);
WHEREAS, the Airport has received and obtained commitments from the Federal
Aviation Administration (the “FAA”), the Kentucky Department of Aviation (“KDA”), and other
federal, state, and local resources to provide funding for approximately eighty-seven percent (87%)
of the Total Estimated Cost of the Terminal Project;
WHEREAS, the City and the County desire for the Airport to proceed with and complete
the Terminal Project and recognize that doing so will be a benefit to Paducah, McCracken County,
and western Kentucky;
WHEREAS, the City and County desire to provide resources and funding for any portion
of the Terminal Project not funded by the FAA, the KDA, and other federal state, and local
resources (the “Local Share”);
WHEREAS, the City, County, and the Airport desire to enter into this Agreement in order
to set forth and clearly understand what portion of the Local Share of the Terminal Project will be
funded by the City and what portion of the Local Share of the Terminal Project will be funded by
the County;
NOW THEREFORE, for and in consideration of the mutual promises and covenants set
forth herein, the Airport, the City, and the County agree as follows:
ARTICLE I: ESTIMATE OF LOCAL SHARE
1.1. As of the date of this Agreement, the Airport estimates that the Local Share of the
Terminal Project will be Five Million Eight Hundred Thousand Dollars ($5,800,000.00). A more
precise estimate of the amount and value of the Local Share will be known by the Airport when
bids for certain packages of the Terminal Project are received and opened by the Airport. When
bids are awarded, the Airport will complete and provide Exhibit A to this Agreement to the City
and County in order to appraise them of the more precise total amount of the Local Share. A final
Local Share in excess of Six Million Dollars ($6,000,000.00) is subject to a full review of the
Paducah City Commission and the McCracken County Fiscal Court.
1.2. The City and County acknowledge, understand, and agree that the total amount of
the Local Share set forth in Article 1.1 is only an estimate and that the Local Share may be higher
or lower than the estimate in Article 1.1. Regardless of whether the actual amount of the Local
Share is higher or lower than the estimate in Article 1.1, the City and County are committed to and
will provide the Airport with funding sufficient to cover the Local Share in accordance with the
terms of this Agreement.
ARTICLE II: DIVISION OF LOCAL SHARE BETWEEN CITY AND COUNTY
2.1. Responsibility for paying the Local Share of the Terminal Project shall be split equally between
the City and the County. That is, in accordance with the terms of this Agreement, the City and the
County are each, individually, committing and agreeing to provide funds sufficient to cover fifty
percent (50%) of the of the Local Share of the Terminal Project.
ARTICLE III: DISBURSEMENT OF THE LOCAL SHARE
3.1. Under the terms of this Agreement, neither the City nor the County are required to advance or
provide the entire amount of the Local Share to the Airport at any one time or on a date certain.
Rather, the City and the County are permitted and will disburse portions of their amount of the
Local Share in accordance with this Article 3.
3.2. As the Airport proceeds with the Terminal Project and receives invoices and
demands for payment for items on the Terminal Project that are to be paid for, funded, and covered
by the Local Share, the Airport shall present those to the City and County for payment. For the
City, the Airport shall present the invoices and items for payment for the Local Share to the Mayor
and City Manager. For the County, the Airport shall present the invoices and items for payment
from the Local Share to the County Judge Executive and the Deputy Judge Executive.
3.3. Within five (5) business days of receipt of an invoice or demand for payment from
the Airport, the City and the County shall deposit their share of such invoice into an account
designated by the Airport. Upon deposit of those funds, the Airport will be responsible for paying
the invoice or demand for payment and the City and County will be relieved of any further
obligation with respect to that invoice or demand for payment.
ARTICLE IV: PROVISION REQUIRED BY THE INTERLOCAL
COOPERATION ACT
4.1. The Interlocal Cooperation Act, KRS 65.250, et seq. (the “Act”) requires this Agreement to contain
certain specific provisions. The provision required by the Act are set forth in this Article 4.
4.2. The purpose of this Agreement is to allow the Airport to secure funding from the
City and the County for the Local Share of the Terminal Project and to set forth the City and the
County’s obligations with respect to payment of the Local Share.
4.3. This Agreement shall remain in force and effect and its duration shall last until the
Terminal Project is complete. This Agreement may not be terminated while the Terminal Project
is ongoing.
4.4. The Executive Director of the Airport, or his designee, shall serve as the
administrator of this Agreement and shall be responsible for the administration and oversight of
the joint and cooperative undertaking of the City, County, and Airport set forth herein.
4.5. Any real or personal property acquired or disposed of by the Airport through use
of funding or proceeds provided by the City or County under their portion of the Local Share shall
be owned, titled, acquired, held, and/or disposed of by the Airport and in its name.
ARTICLE V: APPROVALS, AUTHORIZATIONS, AND NOTIFICATIONS REQUIRED
PRIOR TO AGREEMENT BECOMING EFFECTIVE
5.1. Before this Agreement shall become effective, it shall be submitted to the Kentucky Department
of Local Government for approval in accordance with KRS 65.260(3).
5.2. Before this Agreement shall become effective, the City shall submit it to the
Paducah Board of Commissioners for approval. By entering into this Agreement, the City warrants
and represents that it has obtained approval to do so from the Paducah Board of Commissioners.
5.3. Before this Agreement shall become effective, the County shall submit it to the
McCracken County Fiscal Court for approval. By entering into this Agreement, the County
warrants and represents that it has obtained approval to do so from the McCracken County Fiscal
Court.
5.4. Before this Agreement shall become effective, the Airport shall submit it to the
Barkley Regional Airport Authority Board for approval. By entering into this Agreement, the
Airport warrants and represents that it has obtained approval to do so from the Barkley Regional
Airport Authority Board.
5.5. In accordance and compliance with KRS 65.241, the Airport has provided notice
of its intent to enter into this Agreement to the City and County, which are the governing bodies
of the local governments which jointly established the Airport. By entering into this Agreement,
the Airport, City, and County all acknowledge and agree that the notice requirements of KRS
65.241 have been met and complied with by the Airport.
ARTICLE VI: NON-LIABILITY OF OFFICES AND EMPLOYEES
6.1. No officer, board member, commissioner, or employee of the City, County, or Airport may be
subjected to any personal liability for any debt or contract created by this Agreement or resulting
from it.
ARTICLE VII: NATURE OF AGREEMENT AND FURTHER ASSURANCES
7.1. The City, County, and Airport agree to engage in a joint and cooperative undertaking within only
the scope set out in this Agreement. They do not intend to create any relationship of surety or
indemnification, nor responsibility for indebtedness, liabilities, or claims incurred by either the
City, the County, or the Airport in their operations, other than as provided in this Agreement.
Furthermore, the execution of this Agreement will not constitute a waiver of any defense or
immunity to which the City, County, or Airport may otherwise be entitled under any applicable
law.
7.2. The City, County, and Airport agree that they shall, at any time upon the request of
another party, make, execute, and deliver or cause to be made, executed, and delivered to the
requesting party any and all other further instruments, certificates, and other documents as may, in
the reasonable opinion of requesting party, be necessary or desirable in order to effect, complete,
perfect, or otherwise to fulfill the obligations of the parties under this Agreement.
ARTICLE VIII: MISCELLANEOUS
8.1. This Agreement represents the entire agreement of the parties hereto, and all prior agreements,
discussions, or understandings between the parties regarding the City and County’s payment of
the Local Share of the Terminal Project are hereby rescinded and shall be of no force or effect.
8.2. This Agreement may only be amended by a written document authorized, executed,
and delivered by each of the parties hereto.
8.3. This Agreement shall be binding upon the parties hereto and upon their respective
permitted successors, assignees, and transferees.
8.4. This Agreement may not be transferred or assigned to another unless written
consent is obtained from all of the parties hereto.
8.5. Nothing expressed or implied in this Agreement is intended or shall be construed
to confer upon any person, firm, or corporation other than the parties hereto any right, remedy or
claim by reason of this Agreement or any term hereof, and all terms contained herein shall be for
the sole and exclusive benefit of the parties hereto, their successors and permitted transferees or
assignees.
8.6. Time is of the essence is carrying out the terms and conditions of this Agreement,
and the parties agree to act expeditiously in doing so.
8.7. This Agreement shall be governed by and construed in accordance with the laws of
the Commonwealth of Kentucky.
8.8. Any legal action between the parties regarding this Agreement or the terms and
rights contained herein shall be filed in the federal or state courts of McCracken County, Kentucky,
and the parties waive any argument that such courts are an inconvenient forum.
8.9. If one or more provisions of this Agreement, or the applicability of any such
provisions for any set of circumstances, shall be determined to be invalid or ineffective for any
reason, such determination shall not affect the validity and enforceability of the remaining
provisions of this Agreement.
8.10. The waiver by any party of a breach, default or violation of this Agreement shall not
operate as or be constructed to be a waiver of any subsequent breach hereof.
8.11. This Agreement may be executed in one or more counterparts and when each party
hereto has executed at least one counterpart, this Agreement shall become binding on all parties
and such counterparts shall be deemed to be one and the same document.
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[signature page follows]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized representatives as of the date first above written.
CITY OF PADUCAH, KENTUCKY, Authorized
by Action of the City Commission on _______________
__________________________________________
Mayor Date
Attest:
___________________________________
City Clerk
COUNTY OF MCCRACKEN, KENTUCKY,
Authorized by Action of the Fiscal Court of the County
on ______________.
______________________________________________
Judge Executive Date
Attest:
__________________________________
Fiscal Court Clerk
BARKLEY REGIONAL AIRPORT
AUTHORITY, Authorized by Action of the
Barkley Regional Airport Authority Board on
___________.
__________________________________________
Board Chair Date
APPROVAL
Department of Local Government
100 Airport Road, 3rd Floor
Frankfort, Kentucky 40601
P: (800) 346-5606
F: (502) 227-8691
This Interlocal Cooperation Agreement is in proper form and is compatible with the laws
of the Commonwealth of Kentucky; therefore, it is approved this the _____ day of __________,
2021.
DEPARTMENT OF LOCAL GOVERNMENT
By:
Title:
Date: