HomeMy WebLinkAbout98-7-5900605
ORDINANCE NO. 98-7- 5700
AN ORDINANCE AMENDING SECTIONS 126-78, ADULT
ENTERTAINMENT ACTIVITIES, 126-110, LIGHT INDUSTRY ZONE, M-1, 126-
176, AMENDMENTS AND DEVELOPMENT PLANS, AND CREATING SECTION 126-
80, GAMING AND GAMBLING FACILITIES, 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 126-78, Adult Entertainment
Activities, is hereby amended to read as follows:
"SECTION 126-78 ADULT ENTERTAINMENT ACTIVITIES
(a) Intent and Purpose.
(1) In order to prevent crime, protect the city's
retail trade, maintain property values, and
generally to protect and preserve the. quality
of its neighborhoods, commercial districts,
and the quality of urban life, this ordinance
regulates the location of adult
establishments by dispersing them throughout
the City of Paducah. In the development and
execution of this section, it is recognized
that there are some uses which, because of
their very nature, are recognized as having
serious objectionable operational
characteristics, particularly when several of
them are concentrated under certain
circumstances thereby having a deleterious
effect upon the use and enjoyment of adjacent
areas.
(2) Special regulation of these uses is necessary
to insure that these adverse effects will not
contribute to the blighting or downgrading of
the surrounding neighborhood. These special
regulations are itemized in this section.
The primary control or regulation is for the
purpose of preventing a concentration of
these uses in any one area. Uses subject to
these controls are as follows:
(b) Specified Use List.
Adult Amusement Arcade
Adult Book Store
Adult Motion Picture Theater
Adult State Show Theater
Adult Video Cassette Rental Center
Cabaret
Commercial Sexual Entertainment Center
Massage Parlor
(c) Definitions.
Adult Amusement Arcade --An establishment having as one
of its principal uses one or more of the following: customer -
operated motion picture devices, peep shows, viewing area, and
/or similar devices, for display of material distinguished or
characterized by an emphasis on depiction of sexual activities,
as hereinafter defined, or which offer persons who expose to view
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of the customers the bare female breast below a point immediately
above the top of the areola, human genitals, pubic region or
buttocks, even if partially or completely covered by translucent
material, or human or simulated male genitals in a discernible
turgid state, even if completely or opaquely covered.
Adult Book Store --An establishment having as one of
its principal uses the sale, rent, or display of pictures, books,
periodicals, magazines, appliances, and similar materials which
are distinguished or characterized by their emphasis on depiction
of sexual activities as hereinafter defined or an establishment
with a substantial segment or section devoted to the sale, rental
or display of such material.
Adult Entertainment Center -- Any use or buiiding or
portion thereof, which contains, or is used for commercial
entertainment where the patron directly or indirectly is charged
a fee to engage in personal contact with or to allow personal
contact by employees, devices, or equipment or by personnel
provided by the establishment or view a series of dance routines,
strip performances or other choreography provided by the
establishment which appeals to the prurient interest of the
patron, to include, but not be limited to bath houses, massage
parlors, and related or similar activities. Any permitted,
conditionally permitted, or accessory uses allowed within any
y
zone shall not be interpreted to include "adult entertainment
center".
Adult Motion Picture Theater -- An establishment
having or advertising as having as one of its principal uses the
presentation of motion pictures, slide projections, and other
similar material having as a dominant theme or characterized or
distinguished by an emphasis on matter depicting, describing or
relating to sexual activities, as hereinafter defined, for
observation by persons therein.
Adult Stage Show Theater -- An establishment having or
advertising as having as one of its principal uses the
presentation of live performances of humans or animals having as
a dominant theme or characterized or distinguished by an emphasis
on matter depicting, describing or relating to sexual activities,
as hereinafter defined, for observation by persons therein.
Adult Video Cassette Rental Center -- A commercial
establishment which has as one of its principal uses the rental
or sale of video cassettes, or other forms of media, which depict
material characterized or distinguished by an emphasis on matter
depicting, describing or relating to sexual activities, as
hereinafter defined and which does not provide an on premises
showing such material.
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Cabaret -- An establishment which features as a
principal use of its business, entertainers, and/or waiters
and/or bartenders, male or female impersonators and/or other
persons, either male or female, who expose to public view of the
patron of said establishment at any time the bare female breast
below a point immediately above the top of the areola, human
genitals, pubic region or buttocks, even if partially or
'' completely covered by translucent materiel, and/or human or
simulated male genitals in a discernible turgid state, even if
completely and opaquely covered.
Commercial Sexual Entertainment Center -- Any other
commercial establishment not otherwise described herein which
make available material, services or entertainment appealing to
adult sexual interests including but not limited to "bath
houses", swingers club" or similar establishments services or
goods that are advertised by or on behalf of the establishment in
a manner patently designed to appeal to such adult sexual
interests.
Principal Use - Shall mean a significant portion of the
use. The following criteria shall establish principal use:
a) Contains 10% of its stock in trade in
material or uses as described herein.
b) Contains 100 of its useful occupied floor
area to materials and uses as described
herein.
c) Contains more than 100 square feet of
occupied floor space for the display, sale,
or storage of materials or uses as described
herein
d) Exterior signs or advertising that premises
as a business for materials or activities as
described herein.
Massage Parlor -- An establishment for treating the
human body by rubbing, stroking, kneading, tapping or similar
treatment with the hand and promotes its service in a manner
designed to appeal to the patron's sexual interest.
Measurement -- Measurement shall be made by measuring
the shortest distance between boundaries. Measurements shall be
made on a horizontal plane.
Sexual Activities -- Depiction of human genitals in a
state of arousal, acts of human masturbation, sexual intercourse
or sodomy, bestiality, holding or other erotic touching of human
genitals, pubic region, buttocks or breasts.
(d) Location requirements.
(1) The above specified uses list shall only be
permitted in the M-1 (Light Industrial Zone).
The provisions of Sec. 126-111(1)a and 126-
112(1)a, do not apply to this section.
(2) New establishments may not locate within
1,000 feet of any other lawfully operating
adult entertainment establishment.
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Measurements shall be made as described in
subsection (c) of this section.
(3) The above specified uses list shall not be
operated or maintained within four hundred
(400) feet of a residentially zoned district,
and/or within four hundred (400) feet of a
house of worship, a state licensed day care
facility, a school, or a public park.
Measurements shall be made as described
herein in subsection (c) of this section.
(4) New establishments may not locate to a site
if 50% or more of the tracts, or land area,
within a circular area, as described herein,
are residential in character. Vacant lots
suitable for residential character, shall be
considered residential in character. The
radius of such circular area shall be 1000
feet. The center of such circular area shall
correspond to the midpoint of a line joining
the two most distant points on the boundary
of the tract on which the enterprise is
located.
(e) Non -Conforming Uses. Non -conforming uses shall be
governed by section 126-63 of this ordinance.
(f) Screening Requirements. Adult Entertainment
Establishments as listed in subsection (b) of this section shall
screen all adjacent property owners. The street side may not be
exempted. The screening height shall be a minimum of six (6)
feet, and shall be at least 80% opaque. Screening Materials:
The approved screen shall consist of wooden fences and landscape
materials. The use of chain-link and barbed wire is not a
suitable screen.
(g) Sign Requirements. Adult Entertainment
Establishments as listed in subsection (b)of this section shall
be allowed a cumulative of fifty (50) square feet of sign space
as described in 126-46(b). Sign heights shall not exceed 25
feet. Nothing herein shall exempt compliance with other City of
Paducah sign code requirements. The provisions of 126-76(i) do
not apply to this section.
gambling faeility
isene-tk,,at
aperate as its
prineirpa
:use betting
ss,
er game_ ef ehanee
fer prizes.
These inelude,
but
are net limited
to binge —parlei,
horse—traeks;
--in ..i e .,te
200 feet ef any r -es -i demi a l dim et.
SECTION 2. That Section 126-80, Gaming and Gambling
Facilities, is hereby created to read as follows:
1) For the purpose of this section, a gaming or
gambling facility is one that operates as its
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609
principal use betting games, or games of chance
for prizes. These include, but are not limited
to, bingo parlors, horse tracks, coin operated
electronic or mechanical devices and card games.
200 feet of any residential district.
SECTION 3. That Section 126-110, Light Industry Zone,
M-1, is hereby amended to read as follows:
"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;
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 300 feet to an R zone.
(3) Minimum yard requirements.
a. Permitted uses having a total plan floor area
of 4,000 asquare feet or less:
1. Front yard: 25 feet.
2. Side yard: Ten feet.
3. Rear yard: None, except where abutted
by a residentialzone, in which case a
rear yard of 25 feet.
4. No storage of materials or equipment
shall be allowed in the minimum front
yard, side yards or rear yard where
required.
b. Permitted uses with a total plan floor area
of more than 4,000 square feet:
1. Front yard: 75 feet.
2. Side yard: 25 feet.
3. Rear yard: None, except where abutted
by a residential zone, in which case a
rear yard of 25 feet.
4. Parking for visitors shall be allowed in
the front yard, provided no more than 50
percent of the front yard is under
pavement for driveway and parking
combined.
e. Ne stefage—ef mat-efi-als ef equipment shall �
allewed in ire—min-rm-trfft frent yafd - side --yard
d Par -ung €ems—vis-itez-ashall be alle._ ee in the
frent yard, pEevided-ne—Fftere—tha„ 50 pe_ __„t
of the ficent yard is Qnderpayefftentfer
dElveway and parking eembined.
(4) Minimum area requirements.
a. Permitted uses having a total plan floor area
of 4,000 square feet or less:
1. Minimum lot area: 7,500 square feet.
2. Minimum lot width: 60 feet.
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612
a duplex dwelling, a triplex dwelling,
or a four-plex dwelling on a single lot
or ownership parcel. As a further
condition to the granting of a zoning
change, the Planning Commission shall
require that substantial construction be
initiated within two 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
ownership parcel or lot;
C. The subdivision process may substitute
for the development plan process.
d. For Planned Unit Developments per
section 126-70.
e. For Mixed Use Developments per section
126-118.
(2) Plans defined. For purposes of this
subsection (f) and the plans required herein,
the following definitions shall apply:
a. Sketch plan. This plan will be used to
determine the essential graphic and
written materials required for a
specific map amendment and those
specific actions, such as map
amendments, variances, or conditional
use permits that may be requested of the
Planning Commission. The sketch plan may
be conceptual but should indicate any
site or surrounding features or
conditions that may affect the proposed
development or surrounding properties or
rights-of-way, the proposed buildings,
access points, parking and loading
areas, landscaping and screening areas,
existing and proposed utilities,
proposed location for solid waste
storage and access to same, and any
other conditions on the site or
surrounding properties or proposed
development features which may affect
the development of the site or
surrounding properties or rights-of-way.
The sketch plan does not have to be
detailed or highly finished drawings,
but should address the issues and
conditions that may be essential to the
development.
b. Preliminary development plan. This plan
shall be that plan adopted by the
Planning Commission when the Planning
Commission favorably recommends a map
amendment to the City Commission. The
preliminary development plan shall
include that information as determined
in the pre -application conference. No
building permits shall be issued based
upon a preliminary development plan.
C. Final development plan. This plan is, in
effect, a final site plan with that
level of detail as may be required for
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obtaining those permits and approvals
necessary for construction. It shall
include all information required as set
forth hereinafter 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
development plans shall be prepared on mylar
or other material capable of clear
reproduction. Plans shall be legible and of a
size and scale (generally not exceeding 1"-
100') which enables clear presentation of
required information. Required plan
information shall be as follows:
a. Contents of preliminary development
plan. A preliminary development plan
shall contain the following minimum
information:
1. A title block containing the plan
name, development plan type
(preliminary or final), name and
address of developer and plan
preparer, and a written and graphic
scale;
2. The boundary of the subject
property and the zoning 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 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 condition
regarding same on the face of the
development plan;
7. Screening, landscaping, buffering,
recreational, and other open
spaces;
8. Approximate size, location, height,
floor area, area arrangement, and
use of proposed and existing
buildings and signs;
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614
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 and
floor area, parking, open spaces,
etc.;
14. For projects of one 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 Environmental
Services has approved the
developer'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 Minutes of the
Paducah City Planning Commission. I
(We) furthermore understand that
buildings permits for construction
can only be issued following this
plan and that amendments to the
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,
Kentucky, with the exception of
such variances or other condition
of approval, if any, as are noted
hereon or in the Minutes of the
City Planning Commission and that
it has been approved as the
official plan."
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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.
(g) Map
amendment and development plan procedures.
(1)
Preapplication conference.
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a. Prior to any acceptance of a formal
application for an amendment, the
applicant shall meet informally with
city staff 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 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 amendment
process.
b. At the time of the meeting with the
planning staff, the applicant should
present a sketch plan, as outlined in
subsection ( f) (2-) above.
(2)
Formal application. To formally request the
Commission to consider action on any zone map
amendment and/or preliminary development
plan, the applicant shall file a complete
application (with respect to all applicable
provisions of this Zoning Code and other city
ordinances, regulations and policies), pay
the filing fee, and provide copies of all
written and graphic material as required.
Also the date for the public hearing will be
set.
(3)
Refiling. Upon reenacted amendment proposals,
the applicant must wait one year before
reapplying with the same proposal, unless the
Planning Commission grants unanimous
permission to resubmit sooner.
(4)
Review. The planning staff shall send the
development plan to concerned agencies and
interests for their respective technical
review. If necessary, or requested by the
applicant, the interest and technical review
bodies may meet together to resolve, if
possible, all differences and difficulties
associated with the development proposal.
�\
These meetings will be open to all interested
parties, including the public.
(5)
Planning Commission action. No development
plans will be considered for Commission
action until they have been reviewed by the
appropriate review agencies or interests. The
Commission may pursue the following action:
a. Approval. The development plan is ready
for certification as presented.
b. Conditional approval. The development
plan will be certified when the
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616
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c.
Final
a.
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(h) Amendment
s
developer has complied with the
conditions of approval set forth in the
Commission's action on the development
plan.
Disapproval. The development plan has
been disapproved by the Planning
Commission. To request new review and
action, the developer must file a new
application as set forth in this
section.
Postponement. In circumstances where
further resolution is required, the
Commission may act, with the consent of
the applicant, to postpone final action
on the development plan until further
information or resolution of conflicts
can be ascertained.
development (site) plans procedures.
Only after the Planning Commission has
adopted the preliminary development
plan, and has recommended to the City
Commission the zone map amendment, and
the City Commission has acted
affirmatively on same, the applicant
must present a final development plan as
set forth in subsection (f)(2)c prior to
the issuance of a building permit. City
staff will check the final development
plan and insure that:
1. The plan is in compliance with the
preliminary development plan.
2. The plan is in compliance with the
comprehensive plan, the Zoning
Code, other city ordinances,
regulations or policies, and all
other applicable laws and
regulations.
3. Where appropriate the review
agencies may assess the document
and forward their comments to the
city prior to final development
plan approval.
If the final development plan complies
with subsection (6)a above, the Planning
Commission Chair will certify on the
face of the plan that all planning
requirements and applicable conditions
have been satisfied.
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 city 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 wards or other open spaces;
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617
b. Shall not increase building ground area
coverage, floor area, or 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 thanlO% and additional parking can
be provided without disruption to major
plan elements;
e.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;
Vie. 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
district regulations. For any case where
parking in excess of the minimum
requirement was provided on the original
development plan, that same number of
spaces shall be provided in excess of
the minimum requirement for the proposed
minor amendment plan.
(2) Procedures for minor amendments.
a. Filing. To request approval of minor
amendments to development plans, the
( developer shall file with the city a
completed application form, and copies
of the plan as required by the terms and
conditions of the city's application
form.
b. Review. The city shall review the plan
for compliance with all applicable
requirements and ordinances and shall
consult with concerned agencies as
appropriate to assure proper plan
review. Upon determination that all
requirements have been met, city staff
shall submit its finding to the Planning
Commission Chair for certification. If
any question arises as to compliance,
however, the plan shall be referred to
the Planning Commission.
C. Certification. Upon certification of
approval by the Planning Commission
Chair, city staff shall have copies of
the plan prepared and distributed to
other public agencies at the expense of
,., the developer, and return the original
plan tracing to the developer.
(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 will be the required
language for the Planning Commission
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Chair's certification: "I do hereby
certify that this development plan
amendment complies with Zoning Ordinance
provisions regarding amendments to
development plans.”
d. Owners of interest will 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,” which will be required
language for all property.
(i) Relationship to subdivision regulations. The
relationships 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 applicant and the Planning
Commission to combine requirements for
development plans and preliminary subdivision
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plats in order to streamline the development
approval process while not reducing the
quality of the review. The following
provisions shall be applicable to any such
combined plan:
a. The developer shall meet with city staff
no later than five working 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
(preliminary or final as appropriate)
and all information required for 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, and
requirements for placement of structures
within the zone, and where the applicant sees
fit to have plans prepared at the required
level of detail for subdivision plats prior
to receiving a zone change approval. When an
applicant is required to provide a
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development plan in conjunction with a zoning
map amendment request, the applicant may file
a subdivision plat in place of the
development plan, if deemed appropriate by
the city. In any disputed case, the city
shall made the final judgement as to whether
a development plan or a subdivision plat is
required.
(4) Administration. The City Manager shall
designate the department and/or city officer
responsible for the administration of this
section other than those actions and
procedures that specifically require Planning
Commission or the Chair of the Planning
Commission review, action, or signature.
(5) Enforcement. The responsibilities of
enforcement of this section shall be as
designated by the City Manager.
SECTION 5. 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 and provision hereof separable from all other sections,
paragraphs and provisions.
SECTION 6. This ordinance shall be read on two
separate days and will become effective upon summary publication
y pursuant to KRS Chapter 424.
a or
ATTEST:
Le ita Smi h, City Clerk
Introduced by the Board of Commissioners June 23,1998
Adopted by the Board of Commissioners July 11998
Recorded by Lenita Smith, City Clerk, July 1'e",1998
Published by The Paducah Sun,
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