HomeMy WebLinkAbout2003-11-6721595
ORDINANCE NO. 2003-11-6721
AN ORDINANCE AMENDING SECTION 126-115, HISTORICAL ZONES, H-1 AND
H-2, OF CHAPTER 126, ZONING OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 126-115, Historical Zones, H-1 and H-2, of Chapter 126,
Zoning of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as
follows:
Sec. 126-115. Historical Zones, H-1 and H-2.
(a) Use provisions for Historical -Commercial Zone, H-1. The purpose of the H-1
Historical -Commercial Zone is to encourage the development, redevelopment and the preservation of the
city's historical -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 Zone.
(2) Minimum yard requirements. None.
(3) Minimum area requirements. None.
(4) Minimum building height. None.
(5) Screening requirements. Same as section 126-72.
(6) Parking requirements. None.
(b) Use provisions for Historical Neighborhood Zone, H-2. The purpose of the H-2
zone is to encourage the development, redevelopment and preservation of the city's historic neighborhood
areas.
(1) Principal permitted uses.
a. Any principal use permitted in an R-4 zone;
b. Funeral homes;
C. Beauty shops and barbershops;
d. Florist shops;
e. Lodging houses;
f. Assembly building of cultural, fraternal, professional and labor
organizations;
g. Antique shops;
h. Restaurants;
i. 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;
j. Real estate agencies;
k. Insurance agencies;
1. Dressmaker's establishment; and
I n
in. 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.
(2) Dimensional requirements. The following dimensional requirements shall apply
in all cases unless the HARC finds, based upon evidence at a public hearing, that
deviation therefrom is consistent with historical integrity within the historic
neighborhood zone.
a. Minimum lot area: 4,000 square feet.
b. Minimum side yard: Six feet.
C. Minimum front yard: 25 feet.
d. Minimum rear yard: 25 feet.
Motion Form: 3-92B
596
e. Maximum building height is 35 feet or no higher than 2 feet taller than
the tallest principal building on either side of the proposed new construction
(3) Screening requirements. Same as provided in section 126-72(1)e. For the
purposes of screening between the H-2 zone and all adjoining zones, the H-2
zone shall be treated as residential property under subsections (1)a and b of
section 126-72.
(4) Parking requirements. Same as provided in section 126-71, provided that parking
areas will be placed to the rear of the rear line of the principal structure upon any
lot unless the HARC shall find, upon evidence at a public hearing, that the
waiver of this provision shall only minimally affect the historical integrity of the
neighborhood zone.
(5) Waiver of lot requirements. The requirements of subsections (a), (b) and (c) of
section 126-64 may be waived by HARC, upon a finding based on evidence at a
public hearing that such waiver will not impair the historical integrity of the
neighborhood zone.
(6) Reserved
(c) Standards for determining historical integrity. The criteria to be applied in
determining the existence of "historical integrity" as that phrase is used in this section shall be:
(1) That the proposed action is in harmony with the wording and intent of this
section.
(2) That the proposed action will be complementary to all conforming structures
within the zone.
(3) a. That the proposed action is in conformity with at least a majority of
the applicable guidelines for exterior features promulgated by the
Secretary of the Interior of the United States in the publication
"Standards of Rehabilitation" (January 1990 Revision: GPO 230 394), as
amended from time to time, and as set forth in any subsequent edition of
this publication.
b. The proposed action is not addressed in the Standards of Rehabilitation.
(4) a. That those portions of the affected real estate which are ordinarily
visible from any public roadway within the zone are characteristic in
appearance to architectural styles, materials and color shown by the
evidence to have been prevalent in Paducah prior to 1940 or at the date
of original construction of the structure, whichever date is earlier,
between the years 183 0 and 1910 A.D.
b. The per -tions of the e ff ,.toa real est
ate whieh are ordinarily N4sible ft
any roadway were net -between the—years' n a 19 n The
proposed new construction complies with the HARC Advisory Design
Guidelines and a_majority of the Secretary Standards of Rehabilitation.
(d) Historical and Architectural Review Commission (HARC) established. There is
hereby established a special board of adjustment pursuant to KRS 100.217 and KRS 82.026, which shall
be known as the Historical and Architectural Review Commission (HARC), which shall have sole and
exclusive jurisdiction as a board of adjustment over the historical zones, landmarks and landmark sites
within the city.
Motion Form: 3-92B
(e) Membership of HARC.
(1) The HARC shall consist of five members, each to be appointed by the Mayor
and approved by the City Commission.
(2) The term of office of the members shall be three years, except the terms of two
members of the original Commission shall expire within one year. An
appointment to fill a casual vacancy shall be for the unexpired portion of the
term only.
(3) Vacancies shall be filled within 60 days.
(4) The HARC shall be a highly specialized administrative body. Where practicable,
its membership shall include at least two preservation -related professional
members from the fields of architecture, history, archeology, architectural
history, planning or related fields; and all members shall have an interest in
historic preservation and a background of historical study.
(5) When one or two professional members are not available for appointment, the
Mayor may appoint other persons interested in historic preservation to serve.
597
(6) When the HARC reviews an issue that is normally evaluated by a professional
member and that field is not represented by HARC, the HARC shall seek expert
advice before rendering its decision.
(7) Each member shall complete education credits in compliance with KRS
147A.027. All training must pertain to the work of HARC. attend atleast e e
infefmatienaler- edueational meeting per- year-, approved by the state Hister-ie
,r rQ
to the work ef the HARG.
(8) No member of the HARC shall vote on any matter that may affect the property,
income or business interests of that member.
(f) Powers and duties of HARC.
(1) General powers and duties. The HARC is invested with the following powers
and duties:
a.
The HARC shall have all powers and duties applicable to a board of
adjustment as provided in this section and by state law, limited,
however, to the landmarks, landmark sites and the boundaries of the
historical zones within the city.
b.
The HARC is authorized and empowered to act as a fact-finding body
and to thereby implement the provisions of this section which require
factual determinations.
C.
The HARC is authorized and empowered to grant waivers or variances
from the provisions of this section in those instances where such waivers
or variances are specifically authorized by the provisions hereof.
d.
The HARC is authorized and empowered to grant certificates of
appropriateness.
e.
The HARC is authorized to coordinate and advise with other federal,
state and local administrative boards and private foundations within its
area of interest and to make such studies as it may deem appropriate;
provided, however, that in this capacity the subpoena power reposing in
it shall not be utilized.
f.
The HARC shall keep such minutes and records as are required of a
board of adjustment, and it shall make available for public inspection its
written minutes and a written annual report of its activities, cases,
decisions, special projects and qualifications of the members. The
minutes shall include the reasons for the decisions made by the HARC.
g.
The HARC shall adopt such rules and regulations as it may deem
necessary to carry out its functions under the provisions of this section.
Such rules and regulations shall include rules of procedure, which shall
be made public.
h.
The HARC shall hold at least four meetings per year, held at regular
intervals, in a public place advertised in advance and open to the public.
All meetings shall have an agenda that is available before the meeting.
The decisions of the HARC shall be made in a public forum with
applicants notified of the meeting and the decision.
i.
The HARC shall conduct a continuing survey of historic buildings and
areas and shall prepare a plan for their preservation. The HARC shall
conduct this work in accordance with the guidelines of the state Historic
Preservation Office. The HARC shall use the preservation plan to assist
the city in its overall planning efforts.
j.
The HARC shall make recommendations for the designation of local
historic districts, landmarks and landmark sites.
k.
The HARC may adopt additional guidelines for the protection of historic
district, landmarks and landmark sites.
1.
The HARC shall participate in handling the National Register
nominations which are delegated to the city under the Certified Local
Government Program. In the development of the Certified Local
Government Program, the city may ask the HARC to handle other
responsibilities that may be delegated to the city under the National
Historic Preservation Act.
in.
The HARC shall advise and assist property owners and other persons
and groups concerned with historic preservation and shall undertake
educational programs for the public on historic preservation.
n.
The HARC shall receive assistance in the performance of its
responsibilities from a city staff member or a person designated by the
city who shall have expertise in historic preservation or a closely related
field. Other city staff members may be asked to assist the HARC by
Motion Form: 3-92B
Motion Form 3-92B
598
providing technical advice or helping in the administration of this
section.
(2) Designation of historic districts, landmarks and landmark sites.
a. Consideration of the designation of a historic district or a landmark and
landmark site may be originated by the HARC, or by the filing of an
application for designation by a property owner, any resident of the city
or any organization in the city. An application shall be filed with the
HARC in such form and accompanied by such information as required
by this section and the rules of the HARC. A person or organization
proposing a designation shall give the HARC the names and addresses of
the owners of the affected property and the owners of all adjoining
property and property across the street as listed on the tax rolls of the
city. The HARC shall promptly notify these owners by certified mail
that the property is under consideration for designation and that a public
hearing is being held on the proposed designation by the HARC. Written
notice shall be considered sufficient when it is mailed to the person at
the address listed on the tax rolls of the city or when it is mailed to the
last known address of that person.
b. The HARC shall hold a public hearing on the proposed designation. The
HARC shall give notice of the time, place and reason for holding a
public hearing thereon by one publication in a newspaper of general
circulation in the city not earlier than 21 days or later than seven days
before the public hearing.
C. A historic district or landmark shall qualify for designation when it
meets one or more of the following criteria, which shall be discussed in a
report by the HARC to the Planning Commission. The purpose of the
designation of a landmark is to encourage the preservation, rehabilitation
and use of these buildings. Each designation of a landmark shall include
the designation of a landmark site, which shall consist of the land on
which the landmark and related buildings and structures are located and
the land that provides the grounds or the setting for the landmark. A
historic district or landmark shall be designated because of:
1. Its value as a reminder of the cultural or archeological heritage
of the city, state or nation;
2. Its location as a site of a significant local, state or national event;
3. Its identification with a person or persons who significantly
contributed to the development of the city, state or nation;
4. Its identification as the work of a master builder, designer or
architect whose individual work has influenced the development
of the city, state or nation;
5. Its value as a building that is recognized for the quality of its
architecture and that retains sufficient elements showing its
architectural significance;
6. Its character as a geographically definable area possessing a
significant concentration of sites, buildings, objects or structures
united by architectural styles or a plan of physical development;
or
7. Its character as an established and geographically definable
neighborhood, united by culture or past events.
d. The public hearing of the HARC shall be held within 60 days after the
designation was proposed. The HARC shall then vote on whether the
proposed designation should be recommended for approval or should be
disapproved. After voting to recommend that an application for the
establishment of a historic district or a landmark be approved, the HARC
shall forward its recommendation with its reasons, in writing, to the
Planning Commission.
e. The Planning Commission and the City Commission shall follow the
procedures for the amendment of this section when they vote to approve
or disapprove the designation of a historic district or a landmark. The
comprehensive plan and the zoning map shall be amended before a
designation of a historic district or a landmark shall be approved and
shall take effect. The Planning Commission and the City Commission
shall act on a proposed designation within 120 days after the HARC
makes its recommendation. The City Commission shall not approve the
recommendation to designate a landmark site without the approval of the
landowner upon which the landmark is located.
Motion Form 3-92B
599
£ The HARC shall notify each owner of the decision relating to his
property and shall arrange that the designation of a property as a
landmark or as a part of a historic district be recorded in the land records
of the county. The HARC shall also give notice of the decision to the
government offices in the city and county, which shall retain them for
future use.
g. The amendment or rescission of any designation shall be accomplished
through the same steps as were followed in the original designation.
(3) Nominations to the National Register of Historic Places.
a. To participate in the Certified Local Government Program established by
the National Historic Preservation Amendments Act of 1980, the city
shall initiate all local nominations to the National Register of Historic
Places and shall request the Mayor and the HARC to submit
recommendations on each proposed nomination to the National Register.
The Mayor and the HARC shall obtain comments from the public that
shall be included in their National Register recommendations. Within 60
days of the receipt of a nomination from a private individual or the
initiation of a nomination by the city, the city shall inform the state
historic preservation office and the owner of the property of the two
recommendations regarding the eligibility of the property. If the Mayor
and the HARC do not agree, both opinions shall be forwarded in the
city's report. If both the Mayor and the HARC recommend that a
property not be nominated, the state historic preservation office shall
inform the property owner and the state review board, and the property
will not be nominated unless an appeal is filed with the state historic
preservation officer.
b. If either or both the Mayor and the HARC recommend that a property
should be nominated, the nomination will receive a preliminary review
by the Kentucky Historic Preservation Review Board. The Review
Board shall make a recommendation to the state historic preservation
officer, who decides whether to forward the nomination to the U.S.
Secretary of the Interior, who shall make the decision on listing the
property on the National Register. The Mayor, the HARC or the property
owner may appeal the final decision by the state historic preservation
officer.
(g) Certificate of appropriateness required for changes in exterior appearance.
(1) Generally. No person shall, without first applying for and obtaining a special
conditional use permit, to be known as a certificate of appropriateness, cause or
permit any of the following changes in exterior appearances of real estate in
which he has a legal or equitable interest lying within a historical zone or on a
landmark site:
a. Additive changes:
1. Moving any principal or accessory building onto or within any
lot in the zone or on the landmark site.
2. Material change of the exterior appearance of any existing
building by additional reconstruction, alteration or maintenance,
including change in color, form or texture of materials.
3. Construction of any new principal or accessory building, patio,
courtyard, parking lot, swimming pool, basketball court, tennis
court or other real estate appurtenance.
b. Change by removal:
1. Demolition of any principal or accessory building.
2. Moving any principal or accessory building from the historical
zone or the landmark site.
-3-. ren eme` al of tFees mefe t e feet. a;. metef
measufed a a heightrY ,
+i. a eer,1 + +1,; etio shall be t hinder -
delay
, a + nde
,1 1 the r-emeva4 f trees t>1, • e or-eate a danger- or -hazard to
lifeeT- et-
c. The words "change in exterior appearance," as used in this subsection, shall
apply to alterations or changes which are ordinarily visible from any public
roadway within a historical zone or adjacent to a landmark site, excluding
alleys.
Motion Form: 3-92B
,L J - . 11
d. The determination of "ordinarily visible from the roadway" is made by the
Zoning Administrator. Appeals of the Zoning Administrators decision can
be made to HARC in accordance with KRS 100.261.
(2) Re ,. ing The pr-evisionsof thisseet' pei4aining to the -, - r
stFuettifes shall not be YY
tb.e repainting
of an existing -s etur-e. The14ARG shall- sefve in an adsefy
eaparaity with eFtte the hister4eal integrity of the 1 chosen 1
involved in aY.,ii.. nt;, Ho e.-' ne pefsen 1. „ al a the eler- of the
rah --- --- - --
„f any str- etweby r-e,siffting_N eufiFs-in€a lly--appeafing before�ie
HARG a4 a meted adi4sing of the -i ded n&tffe of thes ier- el ge.
f ,-«.,..1 , 1;e do shall be ,l but 1, t 11 b noted in
,--
YY e re ,
minutes of the meeting. HaN4ng so appeared and eensuised with the HARC, si
per -son may eh'tngbe the t .- 1 f his stt, 1repainting suel-
maimer-
r J
he deems appropriate. ire—publie hearing nd no eenditional use
appropriateness shall
(h) Application for certificate of appropriateness
(1) Before the commencement of any work for which a certificate of appropriateness
is required as hereinbefore provided, an application to the HARC therefor shall
be made by the owner and filed in the office of Planning and Zoning.
(2) The application shall include, where applicable, a drawing of the proposed
facade and full plans and specifications relating to appearance, color, texture (of
materials) and architectural design of all portions of the proposed work which,
upon completion, will be ordinarily visible from any public roadway within the
zone or adjacent to the landmark site.
(i) Informal discussion regarding certificate of appropriateness
(1) Upon the submission of an application for a certificate of appropriateness, the
same shall be placed upon the agenda for the next meeting of the HARC for
which the agenda has not, under the rules of the HARC, been completed, and the
applicant shall be advised by the office of Planning and Zoning of the date, time
and place of that meeting.
(2) At that meeting an informal discussion of the application will be held, and the
members of the HARC may make suggestions for alterations of the proposal to more
nearly comply with the terms of this section. Also, at the initial meeting, the HARC
shall set a date, time and place in the reasonably near future for a public meeting.
0) Public hearing on certificate of appropriateness.
(1) Action by HARC. The HARC shall hold a public hearing on each application for
a certificate of appropriateness submitted to it, after notice is given in the same
manner as for hearing before the city Planning Commission. The HARC may:
a. Approve the application;
b. Disapprove the application;
C. Disapprove the application as submitted but approve the same with such
modifications as it may deem necessary to bring it into compliance with
historical integrity; or
d. Defer the decision for a period of no longer than one month and one
week.
(2) Time limit; findings of fact.
a. The HARC shall make a decision on each application within 90 days
after a completed application is filed; provided that the HARC may vote
to extend its time for decision by an additional 90 days when the
application involves the proposed demolition of a building.
b. The HARC shall make written findings of fact upon which its decision
must rest.
(k) Grounds for granting certificates of appropriateness.
(1) Additive changes. Certificates of appropriateness pertaining to the moving of
buildings into or within a historical zone or a landmark site, materially changing
appearance, new construction or changing walls or fences shall be granted upon
application therefor if the HARC finds as fact either:
Motion Form 3-92B
601
a. That the proposed addition or improvements will not ordinarily be
visible from any public roadway within the zone or adjacent to the
(1) Maintenance and safety standards.
(1) Ordinary maintenance and repair permitted. Nothing in this section shall be
construed to prevent the ordinary maintenance or repair of any exterior of any
building or structure within a historic zone or on a landmark site. "Ordinary
maintenance or repair," as used in this subsection, shall be deemed to mean any
work for which a building permit is not required by law, where the purpose and
effect of such work is to correct any deterioration or decay of or damage to a
structure or any part thereof and to restore the same, as near4y as may
pFaetieal, items using the exact same style and material to its condition prior to
the occurrence of such deterioration, decay or damage.
(2) Maintenance required; correction of defects.
a. All buildings within a historic zone or on a landmark site shall be
maintained to meet the requirements of the building code of the city.
b. The HARC shall request a meeting with a property owner when his
building in a historic district or his landmark is in poor repair, and the
HARC shall discuss with the owner ways to improve the condition or his
property. After this step, the HARC may request the city Building
Inspector to take action to require correction of defects in any building
designated under this section so that the building shall be preserved in
accordance with the purposes of this section.
Motion Form: 3-92B
landmark site; or
b. That all fe a majori of the standards for determining historical
integrity have been met.
(2) Changes by removal. Certificates of appropriateness pertaining to moving
buildings from a historical zone or landmark site, demolition of buildings or
cutting trees shall be granted upon application therefor if the HARC finds as fact
either that:
a. The denial of the proposed action would deprive the landowner of the
reasonable use of his land or a fair return of his investment therein; or
"
b. Those portions of the thing sought to be removed which are ordinarily
visible from any public roadway within the zone or adjacent to the landmark
site do not and cannot, with reasonable restoration efforts, meet the
standards of determining historical integrity set forth in this section.
(3) Routine Alterations The following list of routine alterations can be issued a
Certificate of Appropriateness by the Chairman of HARC without the necessity
of a public hearing The Zoning_ Administrator will make the determination if
the alteration is routine and requires a public hearing. If the proposed change is
not listed in this subsection then the formal application process with a public
hearing is required If the Chairman of HARC elects not to sign the Certificate
of Appropriateness for the routine alteration then the application shall be
forwarded to the Board and go through the formal application process with a
public hearing.
a. Additive changes:
1. New roof of the same style and material.
2. Structures other than buildings, signs or fences.
b. Changes by removal:
1. Removing_a non -historic feature from a structure which makes the
structure more characteristic of the time period in which it was built.
Examples include but are not limited to siding, storm windows, or
other non -original features Replacement of these items requires a
m
formal application with a public hearing.
2. Removal of non -historic fences.
3. Cutting or removal of trees that are more than one foot in diameter
measured at a height of one foot; provided however, that nothing
contained in this section shall be construed to hinder or delay the
removal of trees which create a danger or a hazard to life or
prgppM.
c. Repainting.In instances where repainting _already , painted surfaces any
change in color shall require a Certificate of Appropriateness. Requests to
paint an unpainted surface requires the formal application process with a
public hearing.
(1) Maintenance and safety standards.
(1) Ordinary maintenance and repair permitted. Nothing in this section shall be
construed to prevent the ordinary maintenance or repair of any exterior of any
building or structure within a historic zone or on a landmark site. "Ordinary
maintenance or repair," as used in this subsection, shall be deemed to mean any
work for which a building permit is not required by law, where the purpose and
effect of such work is to correct any deterioration or decay of or damage to a
structure or any part thereof and to restore the same, as near4y as may
pFaetieal, items using the exact same style and material to its condition prior to
the occurrence of such deterioration, decay or damage.
(2) Maintenance required; correction of defects.
a. All buildings within a historic zone or on a landmark site shall be
maintained to meet the requirements of the building code of the city.
b. The HARC shall request a meeting with a property owner when his
building in a historic district or his landmark is in poor repair, and the
HARC shall discuss with the owner ways to improve the condition or his
property. After this step, the HARC may request the city Building
Inspector to take action to require correction of defects in any building
designated under this section so that the building shall be preserved in
accordance with the purposes of this section.
Motion Form: 3-92B
602
(3) Enforcement of safety standards. Nothing in this section shall be construed to
prevent the city Building Inspector from enforcing all state statutes and
provisions of this Code and any other ordinances of the city pertaining to the
public safety.
(m) Appeals. 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.
SECTION 2. That if any section, paragraph or provision of this ordinance shall be found
to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section,
paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the
purpose and intent of this ordinance to make each and every section, paragraph, an provision hereof
separable from all other sections, paragraphs and provisions.
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
t4� X171
or Pro ?i-
T
ATTEST
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners October 28, 2003
Adopted by the Board of Commissioners November 11, 2003
Recorded by Tammara S. Brock, City Clerk, November 11, 2003
Published by The Paducah Sun, November 17, 2003
\ord\plan\zone\ 126-115
Motion Form: 3-92B