HomeMy WebLinkAbout2024-08-8821ORDINANCE NO. 2024-08-8821
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AMENDING
SECTION 126 OF THE PLANNING AND/OR ZONING ORDINANCE RELATING
TO MEDICAL CANNABIS.
WHEREAS, the 2023 Kentucky General Assembly passed Senate Bill 47 (2023
Ky. Acts Ch. 146) legalizing the use of medical cannabis and establishing a framework for
state licensure of cannabis businesses such as dispensaries, cultivators, processors, producers
and safety compliance facilities in the Commonwealth effective Jan. 1, 2025.; and
WHEREAS, on the final day of the 2024 session, the legislature passed House Bill
829 amending the medical cannabis law to expedite the process of licensing cannabis
businesses. This change allows the Cabinet for Health and Family Services (Cabinet) Medical
Cannabis Program to begin issuing licenses to those businesses July 1, 2024 rather than
waiting until January so that operations and products can be developed. Cannabis dispensaries
will still not be allowed to open to the public or dispense cannabis until Jan. 1, 2025; and
WHEREAS, the City of Paducah desires to allow the operation of medical
cannabis businesses within its limits; and
WHEREAS, the City believes it is necessary to place reasonable limitations on
geographic locations and advertisements of cannabis businesses to protect children; and
WHEREAS, it is necessary to establish general provisions and determine zoning
requirements of cannabis businesses by June 30, 2024, prior to the Cabinet issuing any
cannabis business license; and
WHEREAS, the Paducah Planning Commission held a public hearing on Monday,
August 5, 2024, pursuant to KRS 100.211(2) and forwarded a favorable recommendation to
the Board of Commissioners recommending amending Section 126 of the Paducah Code of
Ordinances.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF PADUCAH AS FOLLOWS:
SECTION A. Section 126 of the Code of Ordinances shall be amended as follows:
See. 126-3. Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Accessory building means a subordinate building located on the same lot as a principal
building, or a subordinate use of land, either of which is customarily incidental to the
principal building or to the principal use of the land. Where part of the wall of an accessory
building is a part of the wall of the principal building in a substantial manner as by a roof,
such accessory building shall be considered as part of the principal building. Local public
utility, communication, electric distribution, secondary power lines, gas lines, water lines,
sewer lines, guy -wires, small transformers, wires, cables and incidental equipment are
considered accessory buildings or structures.
Alley means a permanent public service way providing a secondary means of access to
abutting lands.
Arterial highway strip commercial means commercial uses which front on the designated U.S.
highways in either the B-1 or the HBZ classifications.
Automobile service station means an establishment with the primary business function of the
retail sale of gasoline for passenger vehicle use and the minor service and repair work
incidental to the operation of passenger automobiles.
Bed and breakfast means an owner -managed and owner -occupied residential structure used
as a lodging establishment where a room or rooms are rented on a nightly basis and in which
only breakfast is included as part of the basic compensation.
Berth means the off-street area required for the receipt of, or distribution by vehicles of,
material or merchandise with a fourteen (14) foot height clearance, paved with a suitable
dust preventative or hard surface.
Block frontage means all the property fronting on one (1) side of a street between intersecting
streets, or between a street and the terminus of a dead-end street or the City boundary,
measured along the street line.
Board means the City of Paducah Board of Adjustment.
Building means any structure having enclosed space and a roof for the housing or enclosure
of persons, animals or chattels.
Building area means the maximum horizontal projected area of a principal or accessory
building, excluding open steps, terraces, unenclosed porches not exceeding one (1) story in
height or architectural appurtenances projecting not more than two (2) feet.
Building, detached, means a building having no party wall in common or structural connection
with another building.
Building, front line of, means the line of the face of the building nearest the front lot line.
Building, height of, means the vertical distance from the average contact ground level at the
front wall of a building to the highest point of the coping of a flat roof, to the deck line of a
mansard roof or to the mean height level between eaves and ridges for gable & hip or
gambrel roofs.
Building line means the line nearest the front and across a lot establishing the minimum open
space to be provided between the front line of a building or structure and the front lot line.
Building, nonconforming, means a legally existing building which fails to comply with the
regulations set forth in this chapter applicable to the zone in which the building is located.
Building, principal, means a building in which is conducted the main or principal use of the
lot on which said building is situated.
Building, semidetached, means a building having one (1) party wall in common with an
adjacent building.
Business means the engaging in the purchase, sale, barter or exchange of goods, wares,
merchandise or service; the maintenance or operation of offices, or recreational and
amusement enterprises.
Carport means a structure consisting of a roof and either walls or columns for the purpose of
housing automotive vehicles and other chattels. Said structure shall be considered a
building.
Cemetery means land used for the burial of the dead and dedicated for cemetery purposes,
including columbariums, crematories, mausoleums and mortuaries when operated in
conjunction with and within the boundary of such cemetery.
City means the City of Paducah, Kentucky.
Clinic or medical center means an establishment where patients are admitted for special study
and treatment by two (2) or more licensed physicians and/or dentists and their professional
associates, as distinguished from a professional office for general consultation purposes.
Commission means the City of Paducah Planning Commission.
Conditional use means a use which would not impair the public health, safety or welfare in
one (1) or more zones, but which would impair the integrity and character of the zone in
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which it is located or in adjoining zones unless restrictions on location, size, extent and
character of performance are imposed in addition to those imposed in the zoning regulations.
Conditional use permit means legal authorization to undertake a conditional use issued by the
administrative official pursuant to authorization by the Board of Adjustment consisting of
two (2) parts:
A statement of the factual determination by the Board of Adjustment which justifies the
issuance of the permit.
A statement of the specific conditions which must be met in order for the use to be
permitted.
Cottage home means a structure of not less than one hundred forty (140) square feet nor more
than four hundred (400) square feet intended for use as a permanent, single-family residence.
A manufactured home, mobile home, camper or recreational vehicle shall not be considered
a cottage home. A single cottage home may only be placed on lots smaller than eight
thousand (8,000) square feet.
County means McCracken County, Kentucky.
Courtyard means an open unoccupied space on the same lot with a building or group of
buildings and bounded on three (3) or more sides by such buildings.
Development plan means written and graphic material for the provision of a development
plan, including any or all of the following: location and bulk of buildings and other
structures, intensity of use, density of development, streets, ways, parking facilities, signs,
drainage of surface water, access points, a plan for screening or buffering, utilities, existing
manmade and natural conditions, and all other conditions agreed to by the applicant.
Dwelling means a building, or portion thereof, used primarily for residential occupancy,
including single-family, two-family and multi -family occupancy, but not including hotels,
motels, short-term rentals (includes special event short-term rentals) or bed and breakfasts.
Dwelling, assisted care, means a building, or portion thereof, consisting of five (5) or more
bedrooms, used for residential occupancy by a group. The dwelling is characterized by
renters with separate bedrooms for sleeping and shared common areas for reception,
recreation, living, cooking, laundry and the like. The dwelling is further signified by the
presence of an employee(s) that provides various services such as housekeeping,
maintenance, cooking, security, personal care and transportation. This definition is
distinguished from, and is intended not to conflict with, KRS 100.982 and 100.984.
Dwelling, multi family, means a building, or portion thereof, used for occupancy by three (3)
or more families living independently of each other.
Dwelling, single-family, means a building used for residential occupancy by one (1) family. A
single-family dwelling shall be stick -built, a modular home, a qualified manufactured home
or a mobile home located within a mobile home park. Structures or vehicles such as, but not
limited to; storage buildings, campers, recreational vehicles, garages, barns and shipping
containers shall not be utilized as a single-family dwelling.
Dwelling, two family, means a building, or portion thereof, used for occupancy by two (2)
families living independently of each other. A two-family dwelling shall be stick -built,
manufactured or modular. Structures or vehicles such as, but not limited to; storage
buildings, campers, recreational vehicles, garages, barns and shipping containers shall not
be utilized as a two-family dwelling.
Dwelling unit means a dwelling, or portion of a dwelling, used by one (1) family for cooking,
living and sleeping purposes.
Educational institution means a public, parochial or private preprimary, primary, or grammar
school; a high school, preparatory school or academy, that is public or founded, owned or
conducted by or under the sponsorship of a religious or charitable organization; a private
preparatory school or academy furnishing courses of instruction substantially equivalent to
the courses offered by public high schools for preparation of admission to colleges or
universities which award BA or BS degrees; a junior college or university, that is public or
founded or conducted by or under the sponsorship of a religious or charitable organization
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or a private school when not conducted as a commercial enterprise for the profit of
individual owners or stockholders. This definition shall not be deemed to include trade or
business schools as defined in this section.
Effective date hereof means October 26, 1976.
Enforcement officer means the Chief Building Official of the City or designee.
Family means one (1) or more persons living as a single housekeeping unit, as distinguished
from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed
to include servants.
Fence means a structure consisting of wood, metal, wire, mesh, masonry or other
manufactured material.
Floor area ratio (FAR) means the floor area of the building divided by the area of the lot.
Garage, private, means a detached accessory building or portion of a principal building, used
for the storage of self-propelled vehicles, in which the capacity does not exceed three (3)
vehicles per family housed in the building to which such garage is accessory and not more
than one-third (1/3) of the total number of vehicles stored in such garage shall be commercial
vehicles. Storage space for not more than three (3) vehicles may be utilized for vehicles of
other than occupants of the building to which such garage is accessory.
Garage, public, means any building, except those defined as a private garage, used for the
storage or care of motor vehicles, or where such vehicles are equipped for operation, repaired
or kept for remuneration, hire or sale.
Ground floor area means the square foot area of a building within its largest outside
dimensions computed on a horizontal plane at the ground floor level, exclusive of open
porches, breezeways, terraces, garages, exterior stairways and secondary stairways.
Ground level means for buildings having walls adjoining only one (1) street, the elevation at
the front lot line at the center of the wall adjoining the street, for buildings having walls
adjoining more than one street, the average elevation of the front lot line at the center of all
walls adjoining the streets; for buildings having no wall adjoining the street, the average
level of the ground adjacent to the exterior walls of the building. Any wall approximately
parallel to and not more than five (5) feet from a street is to be considered as adjoining the
street.
Heliport means a facility for helicopters to take off and land
Home occupation means any use conducted entirely within a residential dwelling and
carried on solely by the occupants thereof, which use is clearly incidental and secondary to
the use of the dwelling purposes and does not change the character thereof, and in
connection with which there is no display, no stock in trade or outside storage of
equipment nor commodity sold upon the premises and not more than two (2) persons are
to engage in such occupation. In no event shall a barbershop, beauty shop, tearoom, bed
and breakfast or animal hospital be construed to be a home occupation.
Hospital means a sanitarium, preventorium or clinic, provided such institution is operated
by, or treatment given under, the direct supervision of a physician licensed to practice by the
State of Kentucky.
Hotel or motel means a building, or portion thereof, or group of buildings in which lodging is
provided and offered to the public for compensation and which is open to transient guests,
in contradistinction to a lodging house.
Industrial, heavy, means those industries whose processing of products result in the emission
of any atmospheric pollutant, light flashes, glare, odor, noise or vibration which may be
heard and/or felt off the premises, and those industries which constitute a fire or explosion
hazard.
Industry, light, means those industries whose processing of products results in none of the
conditions described for heavy industry.
Ingress/ egress easement means an open, unoccupied, officially designated space other than a
street or alley, permanently reserved for use as a means of access to abutting property.
Junkyard means any place at which personal property is, or may be salvaged, for reuse, resale,
reduction or similar disposition and is owned, possessed, collected, accumulated,
dismantled or sorted, including, but not limited to; use of salvaged base metal or metals,
their compounds or combinations; or used or salvaged rope, bags, paper, rags, glass, rubber,
lumber, millwork, brick and similar property which are used, owned or possessed for the
purpose of wrecking or salvaging parts therefrom.
Kennel means any lot or premises on which dogs or small animals are kept for commercial
or sale purposes. A non-commercial kennel at, in or adjoining a private residence where
hunting or other dogs are kept for the hobby of the householder (i.e., hunting, tracking or
exhibiting) or for guarding or protecting the householder's property is permitted in
residential zones, provided that such dogs or small animals do not constitute a nuisance to
the neighborhood.
Lodging house means a building with more than two (2) but not more than five (5) guest rooms
where lodging with or without meals is provided for compensation for a period of time not
to exceed six (6) months for each guest.
Lot means a piece, parcel, plot, tract or area of land occupied or capable of being occupied by
one (1) principal building and the accessory buildings or uses customarily incidental to it,
and including the open spaces required under this chapter, and having its principal frontage
on a street or ingress/egress easement.
Lot, corner, means a lot at a junction of, and fronting on, two (2) or more intersecting streets.
Lot coverage means the percentage of the lot area covered by the building area.
Lot, interior, means a lot other than a corner or through lot.
Lot line, front, means, in the case of an interior lot, a line separating the lot from the street or
ingress/ egress easement and, in the case of a comer lot; the line designated by deed, plat or
subdivision requirements.
Lot line, rear, means a lot line which is opposite and most distant from the front lot line and,
in the case of an irregular or triangular shaped lot; a line ten (10) feet in length within the lot,
parallel to and at the maximum distance from the front lot line.
Lot line, side, means any lot boundary line not a front lot line or a rear lot line.
Lot, through, means a lot having frontage on two (2) parallel or approximately parallel streets.
Lot width means the dimension of a lot at the building setback line.
Manufactured home means a single-family dwelling unit constructed in accordance with the
National Manufactured Housing Construction and Safety Standards Act of 1974, as
amended, and manufactured after June 15, 1976, which is designed to be transported across
streets and highways to a point of use, and is equipped with the necessary service
connections, and includes the plumbing, heating, air conditioning and electrical systems
contained therein, and made so as to be readily movable as a unit.
Medical cannabis cultivator. An entity licensed by the Commonwealth of Kentucky to plant
grow, cultivate raise harvest trim store test package label transfer, transport or sell
medical cannabis seed, seedlings, medical plant, medical cannabis or medical cannabis
product to other licensed cannabis business in the state.
Medical cannabis dispensary. An entity licensed by the Commonwealth of Kentucky to perform
retail sales of medical cannabis to registered qualified patients or visiting qualified patients
All medical cannabis dispensaries must meet all of the following conditions:
a. Shall not be located within one thousand (1,000) feet of existing elementary schools
secondary schools or daycares;
b. Shall not be located within one (1) mile of another medical cannabis dispensary as
measured from the nearest proper , line;
c. Shall not be located next to any residential structure or mixed-use structure with a
residential component:
d. Exterior signage may only, at most, include text that is the licensee's (1) business or
trade name: (2) location & contact information and (3) business type Exterior signage
cannot include a licensee's logo symbol branded colors or any images including; but
not limited to depicting cannabis/cannabis products or the imagery or action of
smoking/vaping. Exterior signs also cannot include mottos selling messages or any
other non-essential text. Exterior signs must be on the same parcel as the store and may
be freestanding or wall signs. Exterior signage cannot be larger than necessary to
reasonably display the information to individuals within or near the licensed premises
and cannot be illuminated by neon lights
Medical cannabis processor. An entity licensed by the State of Kentucky to process and/or
package raw medical cannabis plant material or plants into approved forms of medical
cannabis under Kentucky Revised Statutes and regulations
Medical cannabis producer. An entity licensed by the State of Kentucky which operates as both
a cannabis cultivator and processor.
Medical cannabis safety compliance -facility. An entity licensed by the State of Kentucky in which
testing for cannabinoid content pesticides mold contamination vitamin E acetate and other
prohibited additives is conducted.
Mobile home means any vehicle, including the equipment sold as a part of a vehicle, which is
so constructed as to permit its being used as a conveyance upon public streets or highways
by either self-propelled or non -self-propelled means, which is designed, constructed or
reconstructed, or added to by means of an enclosed addition or room, in such a manner as
will permit the occupancy thereof as a dwelling or sleeping place for one (1) or more persons,
which is both used and occupied as a dwelling or sleeping place, having no foundation other
than wheels, jacks, skirting or other temporary supports.
Mobile home park means an area of land upon which two (2) or more mobile homes are
harbored for the purpose of being occupied either free of charge or for revenue purposes and
shall include any building, structure, vehicle or enclosure used or intended for use as a part
of the equipment of such mobile home park.
Nursing home means an establishment which provides full-time convalescent or chronic care,
or both, for four (4) or more individuals who are not related by blood or marriage to the
operator and who, by reason of chronic illness or infirmity, are unable to care for themselves.
Neither care for the acutely Ill nor surgical or obstetrical services shall be provided in such a
home. A hospital or sanitorium shall not be construed to be included in this definition.
Parking area, public, means an open off-street area, designed for use or used for the temporary
parking of motor vehicles when available for public use, whether free or for compensation
or as an accommodation for clients or customers.
Parking space (off-street) means an off-street space accessible from a street, alley or ingress/
egress easement with a minimum width of nine (9) or ten (10) feet, depending on land use.
The minimum length of such space shall be contingent upon the degree or angle of the space
and the maneuverability area required. As a guide to establishing a minimum length, the
Commission shall refer to Illustration No. 1 in the appendix immediately following this
chapter.
Person means and includes a firm, association, organization, partnership, trust, company or
corporation as well as an individual.
Personal and convenience services means a business offering services such as barbershops,
beauty shops, laundromats, laundry and dry-cleaning pickup and delivery stations (but
excluding actual laundry operations) and similar uses.
Planting screen or landscape screen means a completely planted visual barrier composed of
evergreen plants and trees arranged to form both a low-level and a high-level screen. The
high-level screen shall consist of evergreen trees or shrubs planted with specimens having
an initial height above ground when planted of not less than five (5) feet and planted at
intervals of not more than eight (8) feet on -center. The low-level screen shall consist of
evergreen shrubs having an initial height above ground when planted of not less than two
(2) feet and spaced at intervals of not more than four (4) feet on -center. The low-level screen
shall be planted in alternating rows to produce a more effective barrier.
Professional office means offices of members of recognized professions such as physicians,
surgeons, lawyers, engineers, dentists and architects.
Retaining wall means a physical barrier necessary to prevent the erosion and/or deterioration
of an established elevation.
Short-term rental means a dwelling or room that is rented, leased or assigned for a tenancy
for less than thirty (30) consecutive days in duration and where no meals are served or
provided by the host to any guest. A short-term rental may be owner occupied or non -owner
occupied.
Short-term rental, special event, means a dwelling or room that is rented, leased or assigned for
a tenancy for less than seven (7) days a year and where no meals are served or provided by
the host to any guest. A special event short-term rental may be owner occupied or non -owner
occupied. There shall be a maximum of two (2) permits issued a year.
Sight triangle means a triangular space at the street corner of a corner lot, free from any kind
of obstruction to vision between the heights of two and one-half (2 1/2) and twelve (12) feet
above established grade, determined by a diagonal line connecting two (2) points measured
fifteen (15) feet equidistant from the street right-of-way corner along each property line.
Street means a right-of-way, other than an alley or ingress/ egress easement, dedicated or
otherwise legally established for public use, usually affording the principal means of access
to abutting property.
Structural alteration means any change in the supporting members of a building, such as
bearing walls, partitions, columns, beams or girders; or any substantial change in the exterior
walls or the roof.
Structure means anything constructed or made, the use of which requires permanent location
in or on the ground or attachment to something having a permanent location in or on the
ground including, buildings and signs.
Towing or wrecker service means a person engaged in the business, or offering the services of,
a vehicle towing or wrecker service, whereby motor vehicles are towed or otherwise
removed from the place where they are parked or disabled by use of a truck, automobile or
other vehicle so adapted to that purpose, or in the business of storing operable or disabled
motor vehicles.
Trade or business school means a secretarial school or college, or business school or college,
that is not public and not owned or conducted by or under the sponsorship of a religious or
charitable organization; or a school conducted as a commercial enterprise for teaching
instrumental music, dancing, barbering or hairdressing, or for teaching industrial skills in
which machinery is employed as a means of instruction. This definition shall not be deemed
to include an educational institution as defined in this section.
Use means the employment or occupation of a building, structure or land for a person's
service, benefit or enjoyment.
Use, nonconforming, means an existing use of land or building which was legal prior to the
effective date hereof, but which fails to comply with the requirements set forth in this chapter
applicable to the zone in which such use is located.
Use, open, means the use of a lot without a building or including a building incidental to the
open use with a ground floor area equal to five (5) percent or less of the area of the lot.
Variance, dimensional, means departure from the terms of the zoning regulations pertaining
to height or width of structures and size of yard and open spaces where such departure will
not be contrary to the public interest, and where, owing to conditions peculiar to the property
because of its size, shape or topography, and not as a result of the action of the applicant, the
literal enforcement of the zoning regulations would result in unnecessary and undue
hardship.
Yard means a space on the same lot with a principal building that is open and unoccupied
other than by steps, walks, terraces, driveways, lampposts and similar appurtenances, and
unobstructed by structures, except as otherwise provided in this chapter.
Yard, front, means a yard extending across the full width of the lot, between two (2) side lot
lines, the depth of which is the least distance between the street right-of-way and the building
line.
Yard, rear, means a yard extending across the full width of the lot between the two (2) side
lot lines and between the rear line and a line parallel to, and coexisting with, the rear of the
principal building.
Yard, side, means a yard bounded by the rear yard, the front yard, the side lot line and the
principal building.
Zoning map means the official zoning map of the City.
Sec. 126-109. General Business Zone, B-3.
The purpose of this zone is to provide an area for high intensity commercial activity of a
wholesale nature and to ensure easy highway access for such uses.
(1) Principal permitted uses.
a. Any use permitted in the B-2 Zone;
b. Wholesale establishments;
C. Automotive equipment sales and repair;
d. Laundry and dry-cleaning establishments;
e. Seasonal fireworks tents;
f. Medical cannabis dispensaries;
g. Light industrial operations (as approved by the Planning Commission according to
degree of objectionable smoke, noise, odor, glare, vibration and heavy freight
traffic generation).
(2) Minimum yard requirements. None.
(3) Minimum area requirements. None.
(4) Maximum building height. None.
Sec. 126-110. Light Industrial Zone, M-1.
The following provisions shall apply in the M-1 Zone unless otherwise provided herein:
(1) Principal permitted uses.
a. Any use permitted in the B-3 Zone;
b. Any industrial, manufacturing, fabrication or processing use which does not emit
objectionable noise, smoke, odor or dust beyond the confines of its property;
C. Warehouses and storage buildings;
d. Public and commercial sewage disposal plant;
e. Towing or wrecker service;
f Medical cannabis cultivators processors producers and safety compliance
facilities;
g. Any other use which, in the Commission's opinion, would be compatible in the 13-
3 Zone.
(2) Conditionally permitted uses.
a. Any other industrial use determined to be of the same general character as the above
permitted uses.
b. Animal hospital or kennel, located not closer than three hundred (300) feet to [ars
R Zone] a residential zone.
C. Heliport.
(3) Minimum yard requirements.
a. Permitted uses having a total [plan floor ,._e., E)r *" ] floor plan of ten thousand
(10,000) square feet or less:
1. Front yard: Twenty-five (25) feet, except for highway strip uses for which a
fifty (50) foot front yard is required.
2. Side yard: Ten (10) feet.
3. Rear yard: None, except where abutted by a residential zone, in which case a
rear yard of twenty-five (25) feet applies.
4. No storage of materials or equipment shall be allowed in the minimum front
yard.
b. Permitted uses with a total [plan-fleer-area] floor plan of more than ten thousand
(10,000) square feet:
1. Front yard: Fifty (50) feet.
2. Side yard: Twenty-five (25) feet.
3. Rear yard: None, except where abutted by a residential zone, in which case a
rear yard of twenty-five (25) feet applies.
(4) Minimum area requirements.
a. Permitted uses having a total [plan neer are floor plan of four thousand (4,000)
square feet or less:
1. Minimum lot area: Seven thousand[;] five hundred (7,500) square feet.
2. Minimum lot width: Sixty (60) feet.
b. Permitted uses with a total [ph -m eer-, r ] floor plan of more than four thousand
(4,000) square feet:
1. Minimum lot area: Fifteen thousand (15,000) square feet.
2. Minimum lot width: Seventy-five (75) feet.
(5) Maximum building height. None.
(6) Maximum lot coverage.
a. Principal structures: Fifty (50) percent of gross lot area.
b. Total coverage by principal structures, accessory structures and outside storage:
Seventy (70) percent of gross lot area.
Sec. 126-117. Planned Office Park, POP.
The purpose of this zone is to provide adequate space for permitted uses in a park setting,
designed to attract tenants who may require access to high-capacity information sharing
appurtenances, transmitting and receiving facilities and sufficient utilities. Furthermore, the
zone is intended[�e] to provide sufficient space in appropriate locations for attractive,
landscaped offices[;; and Te] and to ensure compatibility of uses and operations within the
Planned Office Park Zone.
1. Principal permitted uses.
a. Offices for business, professional, governmental, political and charitable
organizations.
b. [mss .edit ageneies,se ,,r;. and eammedity ..». .... ubfek1 a.
t.
to.......vv rw.. u, auholdaug and investment vvi�mxx�.]Financial
institutions
including holding and investment companies.
C. Computer and data processing centers.
[d, Telephone e ,ehange.. ]
d.[e.] Radio and television studios.
e[€] Cable television signal distribution centers and studios.
f,[g] [Tieket e„a travel] Travel agencies.
g. [h-. [Kindergarten, nurseries and da , o f e;,;t;es] Daycare.
h.[i-. ] [Business .elle e tech ieal and trade sehoole ea. ,.tie e, institutions] High
schools, colleges, universities, technical schools and trade schools.
i.[j-.] Hospitals.
j. [k-.] Parks [(public and , .,te4].
k[k] Research, testing and development laboratories or centers.
i,[ffi7.] [n,.ed etion r eilit;e.. (high ,,e,._ee eF e e.,t;ae ; ....t tee,...] Technological or
scientific production facilities.
m[n:] Educational, scientific and research organizations.
n.[a] Library.
o. [p-.] Nursing or assisted living homes.
p[q-.1 [Spee;..l event she# tel..., e t , ] Short-term rentals (includes special event short-
term rentals).
W
q [r-.] Medical cannabis safety compliance facilities
r.[s:] Any other similar use which, in the Planning Commission's opinion, would not
impair the character of the POP Zone.
2. Accessory uses. Accessory uses [are these permitted -uses] that are clearly incidental and
subordinate to the permitted use.
a. Spaces for the limited display of merchandise.
b. Personal service centers, including food service, only for employees, residents[;]
or visitors to any permitted use. These centers shall have [aging] no direct
access to the exterior of the buildine and shall not have [havingno]display space,
drive-through areas[;] or [any] signs visible from [the] outside the buildine.
C. Residential dwellings.
3. Conditionally permitted uses. [As determined by the Bea -d of Adjustmei4, these uses
adjaeent propJ
Rtlnexiet's emissions. Those may be b. 4 not be 1:.....ited 4 smoke,
"""'tom] Any of the following uses which do not emit objectionable noise smoke
odor or dust beyond the confines of its property.
a. [F-aoilities] Technological or scientific facilities in connection with bona fide
agricultural operations.
b. Clubs [(publie ^mate)].
C. Satellite dish antennas.
d. Airports and heliports.
e. Hotels[{], motels or lodges with facilities specifically intended to serve the needs
of the park tenants.
f Drive
4hfffl ah f ilities r ,.
r the sale F,.,.eds oserviees othe__._se permitted.
Q,-] Light manufacturing and assembly operations.
h. [i-. Warehousing operation utilized in conjunction with a permitted use.
Sit-down restaurants (drive through not permitted).
[•`•] [Shei4�101 m res..]
4. Minimum yard requirements.
a. Front yard: Fifty (50) feet.
b. Side yard: Thirty (30) feet.
C. Street side yard: Fifty (50) feet.
d. Rear yard: Fifty (50) feet
e. Maximum coverage: Fifty (50) percent (building only, surface parking
excluded).
f Minimum yard standards are increased by five (5) feet for each story over five
5 stories.
5. Minimum area requirements.
a. Minimum lot area: One (1) acre.
b. Minimum lot width: One hundred (100) feet.
6. [7} Open space. At least twenty-five (25) percent of contiguous Planned Office Park zoned
areas must be allotted to open space.
7.[8-] Landscaping.
a. Generally. A minimum of ten (10) percent of the entire lot shall be devoted to
landscaping. Up to fifty (50) percent of this requirement may be credited toward
preservation of substantial naturally occurring trees, shrubbery, wildflowers, water
10
courses and rock formations. Areas of preservation should be inventoried and
indicated on site plans.
b. Parking lot landscaping requirements. For each [wed] one hundred (100)
square feet, or fraction thereof; of vehicular use area, a minimum of five (5) square
feet of landscaped area shall be provided.[4,his] This may [be ineluded inside e i
include islands, peninsulas and other geometric devices used to encourage vehicle
circulation.
C. Screening. Screening per section 126-83 shall be provided in the rear [yards] yard
of those lots which abut [adjaee] properties outside the POP Zone.
8[1:] Amendments. Amendments to the zone map for POP Zones shall be:
a. Freestanding zones: Forty (40) acres.
b. Expansion of existing: No minimum.
Sec. 126-119. Hospital Medical Zone, HM.
The purpose of this zone is to provide a more flexible and customized approach for the
development, parking and circulation needs of medical centers and complexes. Uses not
specifically allowed by this section are expressly excluded[, e_ eept as pr-eyide.l herein ]
1. Principal permitted uses. All uses are to be conducted wholly within a building [exeepffor
in FF a,r.vet 1..7:.&nleading and asiFaee parking]
a. General medical hospitals with in-patient and out-patient services.
b. Offices and clinics of heath care practitioners including physicians, surgeons,
osteopaths, psychologists, psychiatrists, chiropractors, nurses, rehabilitation
therapists [ h iea e etic..e' respirator-), ° atie e')] medical and
�, .ys ..., ups >
psychiatric social workers, dentists, nutritionists, dietitians, opticians,
optometrists[;] and other similar medical uses licensed and certified by the State of
Kentucky as health care specialists or practitioners.
C. Medical technology and testing laboratories.
d. Medical and dental related health care educational facilities and schools.
e. Medical cannabis dispensaries and safety compliance facilities.
f Other closely related uses, as approved by the Planning Commission following a
public hearing. [inclusion ion cf such uses .. be included a
may .:.—mom aPPravcn
development
2. Accessory uses. Accessory) uses [afe these permitted uses the*] are allowed only when they
are clearly incidental, subordinate and in the presence of [the] permitted uses in the HM
Zone. They may be included in the principal building, an accessory building or on a
separate lot. All uses are to be conducted wholly within a building[ exeep et
1.....1:..../ nle... ing and a rf ee «....1 : gl
a. Administrative offices (hospital/medical).
b. Ambulance service.
C. Chapels
d. Daycare ..ry, „ [i� „a ..du t)].
�ehild, p -e ehool, e ,.
e. Food service. v
f. Gift and flower shops.
g. Heliports.
h. Hospice.
i. Linen/laundry service.
j. Lodging, visitor.
k. Medical insurance service.
1. Medical, dental and other health care professional organization offices.
in. Mobile diagnostic and treatment trailers.
n. Nursing, transitional care and assisted care homes.
o. Parking garages.
P. Pharmacies with retail sales of general merchandise.
q. Retail sales of medical and dental supplies and services including prosthetics,
optical, and other similar medical and/or dental goods and services.
r. Temporary buildings.
S. Uniform shops.
t. Short-term rentals (includes special event short-term rentals).
Minimum yard requirements.
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a. Front yard: Fifty (50) feet, seventy-five (75) feet on arterials.
b. Side yard: Twenty-five (25) feet.
C. Rear yard: Twenty-five (25) feet.
4. Minimum area requirements.
a. Minimum lot area: Five thousand (5,000) square feet.
b. Minimum lot width: Fifty (50) feet.
5. Landscape requirements. Ten (10) percent of the entire site shall be landscaped.[ Detailelandsead
r plansa developmeni Y
6. Density. The floor area ratio (FAR) shall not exceed two (2) to one (1).
SECTION B. 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 its committees, if any, which resulted in formal action, were in meetings open to the public,
in full compliance with appliable legal requirements.
SECTION C. 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 D. Effective Date. This Ordinance shall be read
will become effective upon summary publication pursuant to KR,S-t
ATTEST:
Q s erne
Claudia S. Meeks, Assistant City Clerk
Introduced to the Board of Commissioners, August 13, 2024
Adopted by the Board of Commissioners, August 27, 2024
Recorded by Claudia S. Meeks, Assistant City Clerk, August 27, 2024
Published by The Paducah Sun, August 30, 2024
Ord/Planning/126 - Medical Cannabis Land Use
12
Bray,
1 separate days and
424.