HomeMy WebLinkAbout2022-10-8752ORDINANCE NO. 2022-10-8752
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 September 8, 2022, 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. 126-32 - Zoning of annexed land.
[Upon annexation of new areas by the city, sueh areas shall be plaeed in an R 1 zone .
Within sixty (60) days fellwA4ag the final aceeptanee of the annexed area by the eity, the Planning
Commission shall establish and a&eftise, as required by law, a publie hearing te zene ` I J
question. All land use regulations that applied to the pro eegy shall be preserved as before the
annexation, pursuant to KRS 100.209. If no action is taken to initially zone the property within
sixty (60) dgys by either the Board of Commissioners or the Planning Commission the property
shall automatically be assigned the R-1 Low Density Residential Zone.
Sec. 126-76. - Sign regulations.
(a) Purpose.
(b) Findings.
(c) Applicability and message neutrality.
(d) Definitions.
(e) Prohibited signs.
(f) Exempt signs.
(g) Temporary signs.
(1) Temporary signs generally. Except as otherwise allowed in this chapter, all temporary signs
not classified as exempt signs shall:
a. Be allowed on private property only. Sandwich board signs may be allowed on public
rights-of-way in accordance with subsection (7).
b. Be placed only by the property owner, or with the property owner's permission.
c. Not diminish public safety such as placement in a sight visibility triangle.
d. Not be mounted on a roof.
e. Not be illuminated indirectly or internally.
f. Be in Mace for a beriod not to exceed sixtv-seven (67) consecutive days. at which time
the sign must be removed or replaced with a different sign.
(2) Construction signs. During a construction period, signs may be placed to announce
construction.
a. Such signs shall not exceed sixteen (16) square feet in residential and one hundred (100)
square feet in non-residential areas.
b. [Seh signs shall be-ereetedno more than *hi#-y (30) days prior- i.
V. LU KelJ1g1J shall be r V1VVel within +e„ (IQ) days after- eompleting , fist ,.tie l
(3) Wall and freestanding temporary signs. Temporary wall and freestanding signs shall:
a. Be a maximum of twenty (20) square feet when located in residential zones;
b. Be a maximum of fifty (50) square feet when located in non-residential zones; and
c. Be limited to one (1) sign per parcel for each street frontage.
u. [Be rlaeeu for- ne more than ttiAy (30) days-.1
(4) Pole banners_
a. Be a maximum of twelve and one-half (12.5) square feet when located in residential
zones.
b. Be a maximum of sixteen and one-half (16.5) square feet when located in non-residential
zones.
c. All banners shall be securely affixed to a mounting structure.
d. Banners shall not be hung as canopy signs, flown as flags or used as any other form of
permanent sign.
e. Banner materials shall be weather-resistant fabric, plastic or vinyl.
f. Poles and materials must be compatible and compliant with design standards if placed in
a historic district.
g. The City reserves the right to remove any pole banners at any time.
(5) Street banners_
a. In order to promote events of a civic and public nature in the Downtown or other
commercial areas; any person, firm, corporation or organization may hang a vertical
banner on cantilevered arms in designated locations. Further, pennants, flags or banners
may be affixed to utility poles equipped by the City for such purposes.
b. Generally, it shall be unlawful for any person to suspend any banner across or along any
street, sidewalk or other public way of the City for any purpose.
c. Banners reflecting a price, a business; or the promotion of goods or services are
prohibited.
d. Banners may reflect only one (1) theme at any given time within a district (Downtown,
Wallace Park or Fountain Avenue for example). Different districts may have different
themes at the same time.
e. Banners shall not exceed one hundred fifty (150) square feet and not cause any
interference or disruption in vehicular or pedestrian traffic.
f. The City reserves the right to remove any banner at any time.
(6) Special events. Signs promoting a special event may be placed no more than sixty (60)
days prior to the event and shall be removed no later than forty-eight (48) hours after the
event has ended. Said signs shall be placed on the property on which the event shall take
place and shall not exceed thirty-two (32) square feet.
(7) Sandwich board signs.
a. Sandwich board signs shall be no taller than thirty-six (36) inches in height and no wider
than twenty-four (24) inches;
b. Such signs may only be placed on a sidewalk that has a minimum of eight (8) feet in
width;
c. All signs must be compliant with ADA standards and maintain a minimum of five (5)
feet of clearance from tables, chairs, bike racks or other appurtenances at all times.
Placement shall not interfere with pedestrian or vehicular traffic.
d. The sign must be constructed of weather resistant materials and shall be maintained in
good repair.
(8) During times of election. During times of primary, state or federal elections involving
candidates from federal, state or local office that represents the district in which the
property is located or involves an issue on the ballot within the district where the property
is located, one (1) additional temporary sign per issue or candidate shall be allowed. [Such
addifiena4 signs shall be allowed beginning sixty (60) days prior- to the date of the Primary,
state or- federal election and shall be removed e,a fiv (5) days after- t l t ]
(9) Additional temporary signs are allowed as follows:
a. During times of sale or rent. One (1) additional temporary sign may be located on a
property subject to the following parameters:
1. The owner consents and the property is being offered for sale or rent through a
licensed real estate agent;
2. The property is offered for sale or rent by the property owner through advertising
in local media; and
3. [Sueh sign sha4l be removed �A4thin fifteen (15) days fellom4ng the date on whieh-a
eentfaet for- sa4e has been exeeuted between the buyer- and seller- or- a r-enW
agr-eernent has been exeeuted between loser- and lessee.1
3. Said sign shall not exceed four (4) square feet.
b. During times property is open to the public. One (1) additional temporary sign may be
located on the property on a day when the property owner is opening the property to the
public; however, the owner may not use this type of sign for more than fifteen (15) days
a year. Such sign may not exceed four (4) square feet.
c. One (1) additional temporary sign shall be allowed upon submittal of a final development
application or issuance of a building permit and shall terminate upon the issuance of any
certificate of occupancy or for approval to connect to electric power for the work
authorized by the building permit. Such sign shall not exceed four (4) square feet.
(h) Permit requirements.
(i) Signs exempt from permit requirements.
0) Nonconforming signs.
(k) Illegal signs.
(1) General regulations.
(m) Signs allowed by specific zoning district.
(n) Residential and Mixed -Use Zones (R-1, R-2, R-3, R-4, NSZ, NCCZ and MU)
(o) Professional, commercial and industrial zones (B-1, B-2, B-3, HBZ, M-1, M-2, M-3, HM,
POP,- and A-1).
(1) One (1) freestanding sign per street frontage; additionally, one (1) freestanding sign for
every three hundred (300) linear feet of street frontage.
a. Freestanding signs shall not exceed seventy-five (75) square feet, twenty-five (25) feet
in height and shall have a minimum setback of five (5) feet. When street frontage
permits two (2) signs, the freestanding signs may be combined into one (1) freestanding
sign that shall not exceed one hundred ten (110) square feet. For buildings with more
than one (1) occupying business, this freestanding sign may list all businesses within
the building.
b. Monument type freestanding signs shall not exceed sixty (60) square feet, eight (8) feet
in height and shall have a minimum setback of five (5) feet.
(2) r0ne O wall sign,eanopygaper-stfee+ ft,,,,tage . ,; There shall be a
maximum of four (4) wall_, canopy or awning signs per building or structure. The
maximum allowed area for all signage in these zones is thirty-two (32) square feet or
twenty (20) percent of the wall area to which the sign, canopy or awning is attached,
whichever is greater. A maximum of the first thirty (30) feet of the height of the fagade
shall be used to calculate the square footage area of a wall sign. Awnings shall have at
least seven (7) feet of clearance when fully extended. When a building contains two (2) or
more separate businesses, these requirements shall be applied separately to the wall area of
the portion of the building occupied by the individual business.
(3) One (1) message board either attached to a wall sign or freestanding sign not to exceed
thirty-two (32) square feet and eight (8) feet in height.
(4) One (1) drive-thru facility sign for each drive-thru lane, walk-up window or drive -up
curbside. Drive-thru facility signs shall not exceed fifty-five (55) square feet and shall
have a maximum height of eight (8) feet.
(5) One (1) temporary sign per street frontage.
(6) Theater marquee signs.
a. A marquee shall not exceed thirty-two (32) square feet, shall not project more than
eight (8) feet from the building face and shall have a minimum clearance of ten (10)
feet.
(7) Incidental signs shall not exceed two (2) square feet.
(8) Buildings used for religious or educational activities.
a. In addition to signage allowed above, one (1) message board, not exceeding thirty-two
(32) square feet and eight (8) feet in height.
(9,) Subdivision - One (1) subdivision monument sign per entrance into a commercial or
industrial subdivision not to exceed forty-eight (4 8) square feet and ten (10) feet in height.
Said sign shall have a setback of 10 (ten) feet from the traveled portion of the public way.
Single-family, two-family and multi -family dwellings shall follow the provisions of
subsection (n).
11 Perforated signs shall be allowed; however, they shall be either 50/50 or 60/40
perforation. No perforated sign shall be placed over ingress/ egress door.
LL21 Neon signs are allowed.
(p) Historic Downtown area (B -2-T, H-1 and H-2)
(q) Additional signage allowed in specific commercial and industrial zones.
(r) Planned Unit Development (PUD).
(s) Replacement advertising signs.
(t) Advertising on Interstate Highways.
(u) Substitution clause.
Sec. 126-98. Accessory dwelling unit (ADU).
Accessory dwelling units (ADUs) shall be principally permitted in every zone in the City. ADUs
shall not constitute a dwelling unit for purposes of calculating density. All ADUs are subject to
the following:
(1) One (1) ADU may be permitted per single-family residential dwelling per lot. The
property owner must reside in either the principal dwelling or the ADU as their permanent
residence.
(2) ADUs are permitted in the rear yard only [if -not eentained �N4thin the feaoi4 of the
1e.]
(3) The maximum ADU size is fifty (50) percent of the rear yard behind the principal
dwelling, not to exceed the ground floor area of the principal dwelling.
(4) ADUs are permitted on lots that do not meet the minimum lot area or width standards for
the underlying zone. However, setbacks of the underlying zone must be met.
(5) [Aii-y exter-ior- stair- eases used to aeeess a secend stoi-y or- higher ADU shall be loeated4e
..h.. ........ .... vvaiaaau the Nriuvi
(5,) The maximum height of ADUs shall not exceed the height of the principal dwelling.
& One (1) additional parking space shall be required.
0An ADU may be utilized as a short-term rental or special event short-term rental, subject
to the requirements contained within the Paducah Zoning Ordinance.
Sec. 126-120. Neighborhood Services Zone, NSZ
The purpose of this zone is to provide for primarily residential uses and encourage such
development by right, according to standards that will ensure harmony with the existing historic
residential environment. Limited commercial uses may be introduced provided compliance with
a conditional use permit u holding the historic fabric of the neighborhood
1) Principal permitted uses.
2) Conditionally permitted uses. The following [uses are _reeial exeeptions ana]shall require
written approval from the Historical and Architectural Review Commission:
a. Multi -family dwellings.
1. Minimum lot area: Three thousand (3,000) square feet per unit.
2. Minimum lot width: Sixty (60) feet.
b. Home occupations.
c. Professional offices.
d. Da cares [Daye fe „ •]
e. Beauty shops and barbershops.
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 (excluding drive-thru);
4. Any other use not listed which, in the HARC's opinion, would be compatible with
the above uses.
3) Minimum yard requirements.
4) Minimum area requirements for non-residential structures:
5) Maximum building height.
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. The Historical and Architectural Review Commission (HARC) shall have sole
jurisdiction as a special board of adjustment over the NSZ pursuant to KRS 82.026 and
100.217.
7) Plan approval required for new construction and for changes in exterior appearance.
Sec. 126-176. Planning Commission.
(a) Intent. The intent of this section is to provide guidance for the [zoning e0de, Zoning Code
amendment processes, including text and map amendments. It shall also be the intent of
this section to guide l preeesses and] the use of development plans, which
may be used for a variety of planning and zoning processes, including map amendments.
The Planning Commission in [i -s} obligation to promote the public health, safety and
general well-being shall consider; but not be limited to, the following in [its} deliberative
considerations:
(1) The conservation of natural resources, which may include various wildlife forms,
vegetation, steep slopes, surface water, ground water, floodplain, soils, geologically
sensitive areas, air quality, noise, view sheds, sufficient sunlight exposure, etc.;
(2) The conservation of sites that have historic or architectural value;
(3) The provision for safe, efficient vehicular and pedestrian transportation, off-street
parking and loading within the development and [the „^,,.,,,. unity and neighborhood;
(4) The provision for sufficient open space and recreational opportunities;
(5) The compatibility of the overall site design (buildings, parking, circulation, signs,
screening and landscaping) and land use with the existing and projected future land use
of the area;
(6) The provision for adequate drainage facilities to prevent runoff problems during times
of peak precipitation and flooding to the site and the surrounding
[. ^,,.,,,unit#jneighborhood:
(7) The provision that infrastructure needs shall, as they relate to essential services and
infrastructure systems, be adequately addressed;
(8) Compliance with the Comprehensive Plan, [} all applicable regulations as per City
ordinances, and City policies and other applicable laws [and regulati ]
(b) Public notice.
(1) For [applieatien ' petitions that require a public hearing [before the Planning
Commission,] notice shall be mailed at least seven (7) or fourteen (14) 20 days,
depending on the type of [befer-e the] hearing by first class mail to all property owners
surrounding the subject property to a depth of two (2) ownerships or within a radius of
two hundred (200) feet of the subject property, whichever is greater.
(2) In accordance with KRS 424, notice shall be published in the Paducah Sun newspaper
at least seven (7) or fourteen (14) days prior to the hearing, depending on the type of
hearing , n ays before the hearing
(3) In accordance with KRS Chapters 424 and 100, on-site notice shall be posted at least
fourteen (14) 44 days before the hearing of any zone change (rezoning), [subdivision
r de en4 planappr-eN,al.]
(c) Formal [applieatien'7etp ition required. To formally request the Commission to consider
any action, the [applieanq petitioner shall file a complete [mien]etp ition (with
respect to all applicable provisions of this chapter and other City ordinances, regulations
and policies), pay the filing fee, and provide copies of all written and graphic material as
required. The date for the public hearing will be set upon receipt of a complete application.
(d) Refiling.
Within a period of twelve (12) months from the date of a negative decision, no tract of
land; or any portion thereof, shall be considered for a zone change [(rezoning` of f r
development plan appy -ova with] identical to the same proposal, except requests initiated
by the Planning Commission or Board of Commissioners, or the Planning Commission
grants unanimous permission to resubmit sooner.
(e) Procedures required for zone change (rezoning).
(1) A petition for a map amendment (also referred to as a zone change or rezoning) may
originate with the Planning Commission, [er} with the [Padueah] Board of
Commissioners; or with the owner of the property in question. Regardless of the origin
of the proposed amendment, it shall be referred to the Planning Commission before
adoption.
(2) The Planning Commission shall hold at least one (1) public hearing after proper notice
is given in accordance with KRS Chapters 424 and 100 and this code.
(3) The decision of the Planning Commission shall become final and the map amendment
shall be automatically implemented, subject to the provisions of KRS 100.347, unless
a written request for a hearing before the Board of Commissioners is made within
twen -one (21) [24-} days after the final decision by the Planning Commission,
pursuant to KRS 100.2111. Any aggrieved person, Board of Commissioners or the
Zoning Administrator may file the request.
(4) If a timely request for a hearing before the Board of Commissioners is filed, the findings
of fact and decision of the Planning Commission shall be forwarded to the Board of
Commissioners prior to their hearing. All persons appearing before the Planning
Commission shall be informed of the request. It shall take a majority of the entire.
Board of Commissioners to override the decision of the Planning Commission.
(f) Zone Change (rezoning) - Findings required. In accordance with KRS 100.213, to approve
any zone change [(ening)], the Planning Commission must find that the map amendment
[ awes with the [eVmviel ensive r'ar], Comprehensive Plan or, in the
absence of such a finding, that:
(1) the original zoning classification given to the property was inappropriate or improper;
(2) there have been major changes of an economic, physical or social nature within the
area involved which were not anticipated in the [„empre'' nsive rear] Comprehensive
Plan and which have substantially altered the basic character of the area.
The findings of fact shall be recorded in the minutes and maintained in the records.
(g) Variances and conditional use permits. The Planning Commission may hear and [fifia4ly]
decide [ petitions for variances or conditional use permits pertaining to the
same property when filed and scheduled to be heard with a proposed development plan
"""-eva ,..Beat,,,] or a ma amendment µ,.,plieat ,, ,
rr•�Y p [^N�11��� etp ition. The Planning
Commission shall assume all powers and duties otherwise exercised by the Board of
Adjustment pursuant to KRS Ch. 100 [{And is Zoning Code]. The applie petitioner for
the map amendment may elect to have any variances or conditional use permits for the
same development to be heard and finally decided by the Planning Commission at the same
public hearing se4, or by the Board of Adjustment as otherwise provided for by KRS Ch.
0 [uilu this ']
(h) Development plan requirements.
(1) When required. A preliminary development plan [shA may be required in the
following instances:
a. The Planning Commission, as a condition to the granting of any zoning change,
[shall] may require the submission of a development plan which, where agreed
upon, shall be followed; except [for- a singlepr-in'rte' s ruetufe and-aeeessel=Y
struetwes] for a single-family dwelling, a [duplex] two-family dwelling, a
triplex dwelling or a four-plex dwelling [on -asingle ?et or- e YYner-s ip Pa1-ee],
As a further condition to the granting of a zoning change, the Planning
Commission shall require that substantial construction be initiated within two
(2) years following the enactment of the map amendment, provided that such
zoning change shall not revert to its original designation unless there has been
a public hearing. The development plan shall be a continuing condition for the
area rezoned unless amended as required herein;
b. When there is a proposal for multiple principal buildings on a single
V YY llli�
'�ip] parcel or lot;
c. r 1r1stitt e for- development -1_n____
A___l
major subdivision plat may substitute for a development plan
d. For [planned unit deyelepmepAoj Planned Unit Developments per section 126-
70.
e. For []Mixed Use DevelepmeB site developments per [seetion] sections 126-
114 and 126-118.
(2) Plans defined. For purposes of this subsection (h) and the plans required herein, the
following definitions shall apply:
a. [,Sketeh plan.This planwill be used to detefmine the esJep+ia4 phis an
vffitte mater-ia4s regired for- a speeific map- amendment and these e
be requested-ofthe Planning Gemmissien. The Sketeh plan maybe eptu 1
cvn8 coca
btA sn�•,,,lvcad indrieate-ffiny site , ding featufes r- ee itio s that may
al's + the pr-.,pese.a deyel epmentor- stff -.,,,,,.a;,,g pr-.,pef figs o rights of way, the
proposed buildings, aeeess poirAs, parking and leading areas,'a dscapingand
�creas, existing and proposed-ttilitieT, proposed l6cmzorr- for —solid-
waste
suffeunding properties or- pr-opesed development features Whieh may aff-eet the
develepmefA of the site or- suFFeunding properties or- rights of way. The sketeh
„1., de of have to be detailhighly finished drawings, but shvc>1d
address the issues and eonditions that may be essefAia4 te the developme
b.a1_Preliminary development plan. This plan shall be that -plan adopted by the
Planning Commission when a favorable recommendation is made to the Board
of Commissioners for specific zone changes and when favorable approvals are
given for multiple principal structures, developments in Planned Unit
Developments and developments in the A-1 and MU Zones. the Planning
[GeF,ffnissien faver-ably r-eeemmends a map amendmei# to the ity
Commission. The pr-eliminafy developmeR4 plan shall inelude that infel:ffiatie
as de4efmined i the p o „Beat,, , „ f ] No building permits shall be
issued based upon a preliminary development plan.
e4bL__Final development plan. This plan is [i'^ eff et,j a final site plan with that
level of detail as may be required for obtaining [these] permits and approvals
necessary for construction. It shall include all information required [as set fo Lh
-here after- and] as necessary for the review of the proposed development and
its compliance with any applicable law or regulation, including any previously
approved preliminary development plan.
(3) Content and format of development plans. [All deve epmer+ plans sha4l be prepared
en • lar other- material eapable of elear- epr-,.a,•etier' Plans shall be legible and of
a size and scale (generally not exceeding one (1) inch equals one hundred (100) feet)
which enables clear presentation of required information. Required plan information
shall be as follows:
a. Contents of preliminary development plan. [A preliminary deve'^rme„+ plan A�"
1. A title block containing the plan name, development plan type (preliminary or
final), name and address of [appt} petitioner, developer and plan preparer,
[and a T itte„ and g phie s .,le].
2. The boundary of the subject property-, and along with the zoning desi ng ation
and owner names for all adjoining property;
3. Vicinity sketch, oriented in the same direction as the design scheme;
4. Topography with contour intervals, grid elevations or spot elevations of
sufficient detail to generally describe the lay of the land. This requirement may
be waived by the City where topographic conditions and features are found not
to be necessary to the required development plan reviews and actions;
5. Location, arrangement; and approximate dimensions of existing and proposed
driveways, walkways, [and} parking areas, [and} arrangement of parking
spaces, dumpster pads, points of ingress and egress, and other vehicular and
pedestrian rights-of-way;
6. Location and typical profiles and cross-sections of any proposed or existing
streets or deceleration lanes (when deemed necessary) within or abutting the
subject property. This requirement may be waived subject to [a eAndifiAn
regarding same en the ee of the evelepnen+plan] approval by the City
Engineer;
7. Screening, landscaping, buffering, recreational and other open spaces;
8. Approximate size, location, height, floor area, area arrangement; and use of
proposed buildings, [and} existing buildings and signs;
9. Approximate location of lot lines for projects anticipated to involve land
subdivision;
10. Storm drainage areas, floodplain, conceptual drainage controls-, and storm water
retention and any other designated environmentally sensitive or geologic hazard
areas;
11. Proposed and existing easements for utilities or other purposes; locations of
sanitary sewers including lengths and alignments of laterals;
12. Areas of substantial existing trees including those located along fence rows and
drainage areas, along with a general description of the type and size of such
trees;
13. A statistical table summarizing all pertinent site data, including site area,
zoning, building coverage, aPA floor area, parking, open spaces, etc.;
14. For projects of one (1) acre or more, a note stating that no grading, stripping,
excavation, filling or other disturbance of the natural ground cover shall take
place unless and until the Department of Engineering [and gnvi .enmen
i es] has approved the [applieai4's] petitioner's proposed soil erosion
control procedures and, if required, a soil erosion control plan;
15. A signed owner's certification, as follows: "I (We) hereby certify that I am (We
are) the owner(s) of the property shown and described hereon and that I (We)
hereby adopt the Development Plan with My (Our) free consent, with the
exception of such variances or other conditions of approval, if any, as are noted
hereon or in the [lin ] minutes of the Paducah City Planning Commission.
I (We) furthermore understand that builds building permits [€er
��efien] can only be issued following this plan and that amendments to
[the-} this plan can be made only by official Commission action";
16. A preliminary development plan certification shall be signed by the Chairman
if and when the plan is fully approved, as follows: "I hereby certify that the
Development Plan shown hereon has been found to comply with the Zoning
Ordinance [Regulation] for the City of Paducah-,fKent ky-], with the exception
of such variances or other condition of approval, if any, as are noted hereon or
in the [N ia- utes] minutes of the [Qtyl Planning Commission and that it has been
approved as the official plan."
17. A written or graphic scale.
b. Contents of final development plan. A final development plan shall contain all
information as required for preliminary development plans under the sections
above, except that the plan information shall be of an exact nature, rather than
approximate or general.
(i) Development plan procedures.
(1) Pre -application conference.
a. Prior to any acceptance of a formal [" n] petition for [an ,,,�.,��� t} a
preliminary development plan, the [applieant s petitioner may meet
informally with appropriate City staff [pining .,*„fes► to determine the
following:
1. The effect of the proposed development on the existing neighborhood,
traffic patterns; and infrastructure systems;
2. How the proposed development relates to the [eomprehensive pian]
Comprehensive Plan;
3. The various regulations that may apply to the proposed development;
4. An explanation of the required contents of the preliminary development
plan and any other required submission of materials; and
5. An explanation of the [amen preliminary development plan
approval process.
b. At the time of the meeting with the [fig] appropriate City staff, the
[applieant] petitioner should present a [sketch] conceptual plan; [a ��
subseetion (h)(2) Rom•]
(3) Review. [The planningi Planning staff shall send the preliminary development plan
to concerned agencies and interests for their respective technical review. If
necessary, or requested by the [ate} petitioner, the interested parties and
technical review bodies may meet together to resolve, if possible, issues and
difficulties associated with the development proposal. These meetings [wi
open to the „• ] are subject to KRS 424.
(4) Planning Commission action. No preliminary_ development plan will be considered
for Commission action until the appropriate review agencies and public interests
have reviewed the plan.
(5) The Commission may pursue the following actions:
a. Approval. The preliminary development plan is ready for certification as
presented.
b. Conditional approval. The preliminM development plan will be certified when
the amt petitioner has complied with the conditions of approval set forth
by the Commission i the Commission's , etior on the development p! ,,,
c. Disapproval. The preliminM development plan has been disapproved by the
Planning Commission. To request new review and action, the amt
petitioner must file a new appheatienetp ition and development plan.
d. Continuance. In circumstances where further resolution is required, the
Commission may continue final action on the development plan. until further
information is ascertained or the resolution of conflicts occurs.
' (6) Final development plans procedures.
a. Only after the Planning Commission has approved the preliminary development
plan, [and the appropriate -zoning ist-riet has-been appr-eved by the Board of
GenHnissienars if,.equi o a;, then the [fit] petitioner must present a final
development plan as set forth in subsection (h) (2) (e b) prior to the issuance of
any building permits. The final development plan must be reviewed to ensure
that:
1. The plan is in ^^m lianee complies with the preliminary development
plan.
2. The plan is complies with the ] Comprehensive
Plan, the Zoning Code, [ethe-q City ordinances, regulations, [eJ
policies; and all other applicable laws [and regulatiefi-S4.
3. Where appropriate, the review agencies may assess the document and
forward their comments to the eit-y Planning Department prior to final
development plan approval.
4. When all final [ plans are submitted the
[applicanq petitioner shall also make a digital submission that complies
with the regulations of Chapter 102 Section 39 (d) of the Code of
Ordinances [of the City of n.,,a,,, ahl
b. If the final development plan complies with this subsection, the Planning
Commission Chair will certify on the face of the plan that all requirements and
applicable conditions have been satisfied.
(j) Amendments to development plans. Amendments to approved development plans can be
made only by official Planning Commission action following a public hearing. Content,
format and procedures shall be the same as for the original submission. However,
amendments which fully meet the requirements set forth hereinafter as minor amendments
shall be approved and certified by the Zoning Administrator without further action by the
Planning Commission.
(1) Minor amendments defined. Minor amendments are intended to expedite approval in
those situations where amendments are of minor significance and generally relate to
the shifting of previously approved spaces. Such amendments:
a. Shall not decrease the overall land area [in ar-ds] or [etherj open spaces;
b. Shall not increase building ground area coverage, floor area, [er} height, or increase
the number of dwelling units;
c. May increase building ground area coverage for accessory buildings; or principal
buildings if additions are less than ten (10) percent and additional parking can be
provided without disruption to major plan elements;
d. Shall not change the location or cross section of any street and shall not increase
the number or change the location of street access points on arterial or collector
streets;
e. May include a reduction in parking spaces only when an associated reduction in
floor area or number of dwelling units would permit a lesser number of minimum
required off-street parking spaces than required for the original development plan.
To qualify as a minor amendment this reduction may not be less than would be
required by the zoning [fit} regulations. [For- ai+y ease where par -king in exeess
of the ,,, ent , providea on the ^ na development plan,
same ,,,l.er of spaees sha l be provided exeessof +leo minim orA
f the proposedminor amendment plan.]
(2) Procedures for minor amendments.
a. Review. The City shall review the plan for compliance with all applicable
requirements and ordinances. [and shl eensult w-ith ea me Concerned
agencies as appropriate shall be consulted to assure proper plan review. Upon
determination that all requirements have been met, planning staff shall submit [its
f fidiflg} their findings to the Planning Commission Chair for certification. If any
question arises as to compliance, [mer], the plan shall be referred to the
Planning Commission.
b. Certification. Upon certification of approval by the Planning Commission Chair,
planning staff shall have copies of the plan prepared and distributed to other public
agencies at the expense of the [ epeF] petitioner and return the original plan
[tfaeingl to the [ peF] petitioner.
(3) Content and format of minor amendments. Minor amendments shall have the same
content and format requirements as the original development plan, except that:
a. The title shall indicate the plan as a minor amendment;
b. A note shall be added listing the exact nature of the requested changes;
c. The following shall be the required language for the Planning Commission Chair's
certification affixed to the plans: "I do hereby certify that this development plan
amendment complies with Zoning Ordinance provisions regarding amendments to
development plans."
d. Owners of interest shall complete a certification to be signed and witnessed as
follows: "I (We) do hereby certify that I am (we are) the only owner(s) of the
property shown hereon and do adopt this as my (our) development plan for the
property,_" [w i,.,,, shall bei -ed language for- all and affixed tee
(k) Relationship to subdivision regulations. The [rerelationship relationship between
development plans and the subdivision regulations are established as follows:
(1) Applicability of subdivision regulations. Although development plans are not
subdivision plats, quite often the development plan does indicate a need or intent to
subdivide property. For any such development plan, the design and improvement
standards contained within the subdivision regulations shall be applied to proposals
contained on the development plan.
(2) Combining plans. Development plans and preliminary subdivision plats may be
combined. It is recognized that for certain development situations it can be
advantageous to both the [applt4 petitioner and the Planning Commission to
combine requirements for development plans and preliminary subdivision plats in order
to streamline [the] development approval [piss] while not reducing the quality of
the review. The following provisions shall be applicable to any such combined plan:
a. The [leper} petitioner shall meet with planning staff no later than five (5)
[werk*g} business days in advance of the filing deadline to discuss the
appropriateness of filing a combined plat.
b. The plan shall show all information required for a development plan
[(przl-imipary or- fifW µryiv +ol and . 11 kifeiination required for-] and a
preliminary subdivision plat as set forth in the subdivision regulations.
(3) Substitution of plans. A preliminary or final subdivision plat may be substituted
for development plans required in conjunction with map amendment requests. It is
recognized [that} in certain cases a preliminary or final subdivision plat would be as
appropriate, or more appropriate, to be considered in conjunction with a map
amendment request than would a development plan. Generally, such situations
involve developments where placement of structures will be tightly controlled by the
streets, lot pattern, [regmremei 4s for- plaeement of struetures withiflt ] setbacks
and where the [ate} petitioner has [sees fit to haver plans prepared at the required
level of detail for subdivision plats prior to receiving a zone change approval. When
[an appkcait] a petitioner is required to provide a development plan in conjunction
with a zoning map amendment request, the [applied} petitioner may file a subdivision
plat in place of the development plan, if deemed appropriate by the City. In any
disputed case, the City shall make the final judgment as to whether a development plan
or subdivision plat is required.
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.
ATTEST:
indsay Paris, City Clerk
Introduced by the Board of Commissioners, October 11, 2022
Adopted by the Board of Commissioners, October 25, 2022
Recorded by the City Clerk, October 25, 2022
Published by The Paducah Sun, October 29, 2022
ord\126 Zoning Text Amendment — Annexed Land, signs, ADU, NSZ, Planning