HomeMy WebLinkAboutAgenda Packet 10-02-2026
CITY COMMISSION MEETING
AGENDA FOR OCTOBER 2, 2026
1:00 PM
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public
Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission
Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS
PUBLIC COMMENTS
MAYOR'S REMARKS
Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one
motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which
event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items
recommended for approval.
I. CONSENT AGENDA
A. Approve Minutes for September 8, 2026, Board of Commissioners Meeting
B. Receive & File Documents
C. Reappointment of Lisa Humphrey to the Board of Adjustment.
D. Reappointment of Jody Stivers to the Paducah-McCracken County Riverport
Authority
E. Reappointment of Brian Wyatt to the Urban Renewal and Community
Development Agency (URCDA)
F. Appointment of Nancy Gray to the Historical & Architectural Review
Commission (HARC)
G. Personnel Actions
H. Opioid Settlement and Recovery Funds Policy - L. PARISH
I. Renew employment agreement with Officer Travis Counts - B. LAIRD
J. Authorize the Application and Acceptance of a FY 2026 Edward Byrne
Justice Assistance Grant (JAG) in the amount of $12,045 - B. LAIRD
K. Authorize the release of a Request for Proposals for the Transient Boat Dock
- A. CLARK
L. Declaration and Sale of Surplus Property 1417 Burnett St. - C. GAULT
M. City Manager Contract Renewal - S. WILCOX
II. MUNICIPAL ORDER(S)
A. Approve a Lease Agreement with Seaman's Church Institute - M. SMOLEN
B. Authorize the Mayor to execute a contract with Inspired Technologies in the
amount of $95,320.22 for the Parks Camera RFP - E. STUBER
C. Authorize an Application for a 2026 National Park Service Land and Water
Conservation Fund Grant in the Amount of $1,000,000 - A. CLARK
III. ORDINANCE(S) - ADOPTION
A. Approve a Memorandum of Understanding Between the City of Paducah,
Kentucky, and Chapman Property Development, LLC - G. GUEBERT
B. Ad Valorem Property Tax Levies - FY2027 - A. KYLE
C. Amend Multiple Chapters of the Paducah Code of Ordinances to Create the
Department of Community Development - C. GAULT
IV. ORDINANCE(S) - INTRODUCTION
A. Consensual annexation of 6675 Blandville Road - J. FOWLER-SOMMER
V. DISCUSSION
A. Household Bulk Item Collection Fall Program - C. YARBER
VI. COMMENTS
A. Comments from the City Manager
B. Comments from the Board of Commissioners
VII. EXECUTIVE SESSION
September 8, 2026
At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, September 8,
2026, at 5:00 p.m. CDT, (6:00 p.m. EDT), in the Commission Chambers of City Hall located at
300 South 5th Street, Mayor Bray presided. Upon call of the roll by City Clerk, Lindsay Parish,
the following answered to their names: Commissioners Henderson, Smith, Thomas, Wilson, and
Mayor Bray (5).
INVOCATION
PLEDGE OF ALLEGIANCE
PROCLAMATION
PUBLIC COMMENTS
CONSENT AGENDA
I(A) Approve Minutes for August 25, 2026, Board of Commissioners Meeting
I(B) Receive and File Documents:
Deed File:
1. Teddy Bear Estates to City of Paducah - 729 South 13th Street – MO #3204
2. Quitclaim Deed – City of Paducah to Teddy Bear Estates – 715 Jones Street – MO
#3205
3. Quitclaim Deed – City of Paducah to Teddy Bear Estates – 718 Jones Street – MO
#3262
Contract File:
1. Contract For Services – Delve Health Consulting for Organizational Health and Culture
Management – Fire Department – MO #3235
2. Contract with PFGW Architects – City Hall Stabilization Project – MO #3264
3. Renewal Application For Local Expanded Jurisdiction – HVAC Plan– MO #3280
4. Renewal Application For Local Expanded Jurisdiction – Additional Responsibilities –
MO #3280
5. Contract For Services – Building Conservation Associates – Historic Structure Report –
Hotel Metropolitan – MO #3293
6. Contract For Services – Paducah Transit Authority FY2027 – MO #3294
7. Contract with Linwood Motors – Purchase of Five Police Pursuit Rated SUVs – MO
#3297
September 8, 2026
8. Contract For Services – GPEDC, Inc. FY2027 – MO #3298
9. Contract For Services – Barkley Regional Airport Authority FY2027 – MO #3299
10. Franchise Agreement – Windstream KDL – Ord 2026-07-8887
11. Contract For Services – Lifeline Recovery Center – Ord 2026-08-8890
Bids and Proposals File:
1. Purchase of Five Polie Pursuit Rated SUVs
a. Linwood Motors – MO #3297 (sole bid)
I(C) Personnel Actions
I(D) A MUNICIPAL ORDER AMENDING THE FY2027 POSITION AND PAY SCHEDULE
FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY
(MO # 3302, BK 15)
I(E) A MUNICIPAL ORDER AMENDING THE JOB GRADE SCHEDULE FOR THE
EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY FOR FISCAL YEAR 2027
(MO # 3303, BK 15)
I(F) APPROVING AGREEMENTS RELATED TO THE FIRE DEPARTMENT TRAINING
FACILITY WATER MAIN PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE
ALL DOCUMENTS RELATED THERETO (REMOVED FOR SEPARATE DISCUSSION)
I(G) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
MEMORANDUM OF AGREEMENT WITH THE COMMONWEALTH OF
KENTUCKY, DEPARTMENT OF MILITARY AFFAIRS, KENTUCKY DIVISION
OF EMERGENCY MANAGEMENT, FOR PARTICIPATION IN THE KENTUCKY
URBAN SEARCH AND RESCUE PROGRAM (MO #3305, BK 15)
I(H) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
SERVICES WITH PADUCAH JUNIOR COLLEGE, INC., FOR THE COMMUNITY
SCHOLARSHIP PROGRAM IN THE AMOUNT OF $100,000 (REMOVED FOR
SEPARATE DISCUSSION)
I(I) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT
TO THE AGREEMENT WITH TYLER TECHNOLOGIES, INC. FOR SOFTWARE
SERVICES (MO #3307, BK 15)
I(J) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM
OF AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE COMMONWEALTH
OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, IN
THE AMOUNT OF $100,000 FOR THE SOUTH 21ST STREET REHABILITATION
PROGRAM
(MO #3308, BK 15)
I(K) A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
A LEASE AGREEMENT BETWEEN THE CITY OF PADUCAH AND SEAMAN’S
CHURCH INSTITUTE, FOR LEASE OF THE SEAMAN’S CHURCH INSTITUTE
LOCATED AT 129 SOUTH WATER STREET, PADUCAH, KENTUCKY (REMOVED
FOR SEPARATE DISCUSSION)
I(L) A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
A LEASE AGREEMENT BETWEEN THE CITY OF PADUCAH AND PADUCAH FILM
SOCIETY, FOR LEASE OF MAIDEN ALLEY CINEMA LOCATED AT 112 MAIDEN
ALLEY, PADUCAH, KENTUCKY (MO #3309, BK 15)
I(M) A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
A LEASE AGREEMENT BETWEEN THE CITY OF PADUCAH AND RIVER HERITAGE
MUSEUM, FOR LEASE OF THE RIVER DISCOVERY CENTER LOCATED AT 117
SOUTH WATER STREET, PADUCAH, KENTUCKY (MO #3310, BK 15)
I(N) A MUNICIPAL ORDER APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF PADUCAH AND CAROL GAULT FOR EMPLOYMENT AS DIRECTOR OF
September 8, 2026
COMMUNITY DEVELOPMENT, AND AUTHORIZING THE MAYOR TO EXECUTE
SAME (MO #3311, BK 15)
Commissioner Henderson offered Motion, seconded by Commissioner Smith, that the items on
the consent agenda be adopted as presented.
Adopted on call of the roll: yeas, Commissioners Henderson, Smith, Thomas, Wilson, and
Mayor Bray (5).
MUNICIPAL ORDERS
PADUCAH FIRE DEPARTMENT TRAINING FACILITY WATER MAIN
AGREEMENT
Commissioner Smith offered motion, seconded by Commissioner Henderson, that the Board of
Commissioners adopt a Municipal Order entitled, “APPROVING AGREEMENTS RELATED TO THE
FIRE DEPARTMENT TRAINING FACILITY WATER MAIN PROJECT AND AUTHORIZING THE
MAYOR TO EXECUTE ALL DOCUMENTS RELATED THERETO.”
After discussion Commissioner Smith offered motion to postpone the vote until long-term plans
can be considered. Motion failed for lack of second.
Adopted on call of the roll yeas, Commissioners Henderson, Thomas, Wilson and Mayor Bray
(4). Nays, Commissioner Smith (1). (MO #3304, BK 15)
CONTRACT FOR SERVICES IN THE AMOUNT OF $100,000 BETWEEN THE CITY
OF PADUCAH AND PADUCAH JUNIOR COLLEGE, INC. (PJC, Inc.) FOR THE
COMMUNITY SCHOLARSHIP FUND
Commissioner Thomas offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT FOR SERVICES WITH PADUCAH JUNIOR
COLLEGE, INC., FOR THE COMMUNITY SCHOLARSHIP PROGRAM IN THE AMOUNT
OF $100,000.”
After discussion Commissioner Smith offered motion to postpone the vote. Motion failed for
lack of second.
Adopted on call of the roll yeas, Commissioners Henderson, Thomas, Wilson and Mayor Bray
(4). Nays, Commissioner Smith (1). (MO #3306, BK 15)
LEASE AGREEMENT WITH SEAMAN’S CHURCH INSTITUTE
Commissioner Wilson offered motion, seconded by Commissioner Thomas, that the Board of
Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE
CITY OF PADUCAH AND SEAMAN’S CHURCH INSTITUTE, FOR LEASE OF THE
September 8, 2026
SEAMAN’S CHURCH INSTITUTE LOCATED AT 129 SOUTH WATER STREET,
PADUCAH, KENTUCKY.”
AUTHORIZE AN AGREEMENT WITH NORTHWEST TENNESSEE DISPOSAL
CORPORATION FOR SOLID WASTE SERVICES
(MO #3312; BK 15)
DEVELOPMENT AGREEMENT WITH SALEM AVENUE, LLC FOR SALE OF
SURPLUS PROPERTY AT SALEM AVENUE AND HAMPTON AVENUE
(MO #3313; BK 15)
ORDINANCE INTRODUCTIONS
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF PADUCAH,
KENTUCKY AND CHAPMAN PROPERTY DEVELOPMENT, LLC
September 8, 2026
Memorandum of Understanding providing for the construction and acceptance of eligible public
improvements and the reimbursement of certain eligible costs through a Residential Infill
Development Agreement. Reimbursement shall be limited to eligible costs actually incurred for
the construction of public improvements to be acquired and owned by the City, not to exceed the
amount of City ad valorem real property taxes collected from the development during the
applicable five-year eligibility period.
AD VALOREM PROPERTY TAX LEVIES FY 2027
, “AN ORDINANCE FIXING THE LEVIES
AND RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH,
KENTUCKY, SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES FOR THE PERIOD
FROM JULY 1, 2026, THROUGH JUNE 30, 2027, WITH THE PURPOSES OF SAID TAXES
HEREUNDER DEFINED.”
Purpose Rate per $100
GENERAL FUND OF THE CITY:
PADUCAH JUNIOR COLLEGE:
AMEND MULTIPLE CHAPTERS OF THE PADUCAH CODE OF ORDINANCES TO
CREATE THE DEPARTMENT OF COMMUNITY DEVELOPMENT
, “AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY, TO CREATE THE
DEPARTMENT OF COMMUNITY DEVELOPMENT.” This Ordinance is summarized as
follows: This Ordinance amends Chapters 2, 18, 34, 42, 46, 54, 82, 102, 106, and 126 of the
September 8, 2026
Paducah Code of Ordinances to create the Department of Community Development and to
update the Code to reflect the City’s reorganization of certain development-related functions.
The Ordinance also clarifies the respective roles of the Building Division, Fire Prevention
Division, and other City departments involved in development review, permitting, inspection,
code enforcement, rental occupancy, fire prevention, and related enforcement matters. The
Planning Commission held a public hearing on September 3, 2026, and forwarded a favorable
recommendation to the City Commission regarding the proposed amendments to Chapter 126,
Zoning. Upon adoption, the ordinance shall be published in summary and shall include the full
text of each section that imposes taxes or fees, in accordance with KRS 83A.060(9).
CITY MANAGER COMMENTS
CITY COMMISSIONERS’ COMMENTS
➢ Commissioner Wilson mentioned several upcoming events:
• Thursday, September 10 at 6:00 p.m. – Sports Park Grand Opening
• Friday, September 18 at 4:00 p.m. – Riverfront Project Ribbon Cutting
• Tuesday, September 29 at 1:00 p.m. – Albert Jones Park Ribbon Cutting
➢ Mayor Bray commented that he attended the ribbon cutting at Kolb Park. The
playground equipment is quality equipment, and it is a great investment in the Southside.
EXECUTIVE SESSION
➢ Future sale or acquisition of a specific parcel(s) of real estate, as permitted by
KRS 61.810(1)(b)
➢ Discussions of proposed or pending litigation against or on behalf of the public agency
KRS 61.810(1)(c)
➢ A specific proposal by a business entity where public discussion of
➢ Conduct a performance review of the City Manager. KRS 83A.150(4)(d)
Adopted on call of the roll yeas, Commissioners Henderson, Smith, Thomas, Wilson and
Mayor Bray (5)
September 8, 2026
RECONVENE IN OPEN SESSION
Commissioner Henderson offered motion, seconded by Commissioner Thomas, that the
Paducah Board of Commissioners reconvene in open session.
Adopted on call of the roll yeas, Commissioners Henderson, Thomas, Wilson, Mayor Bray (4)
Commissioner Henderson offered Motion, seconded by Commissioner Thomas, that the meeting
be adjourned.
Adopted on call of the roll yeas, Commissioners Henderson, Thomas, Wilson, and Mayor
Bray (4).
: 7:58 p.m.
: October 2, 2026.
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
October 2, 2026
RECEIVE AND FILE DOCUMENTS:
Minute File:
Deed File:
1. Deed - City of Paducah to Paducah McCracken County Joint Sewer Agency (JSA)-
MO #3265
2. Sanitary Sewer Easement – City of Paducah to Paducah McCracken County Joint Sewer
Agency (JSA)- MO #3292
Contract File:
1. Agreement to Purchase ¾ ton service truck – Linwood Motors - $66,515 – No
Commission Action required – signed by Mayor
2. Interlocal Agreement – between City of Paducah and Paducah-McCracken County
Industrial Development Authority – Ord 2026-08-8888
3. Contract with PFGW – Paducah-McCracken County Industrial Development Authority
Spec Building – Ord. 2026-08-8888
4. Agreement between Commonwealth of Kentucky Transportation Cabinet Department of
Highways and City of Paducah – Levin Avenue – MO #3279
5. Agreement between Commonwealth of Kentucky Transportation Cabinet and City of
Paducah – Coleman Road – MO #3300
6. Reimbursement Agreement – Fire Training Center Project – Paducah Water – MO #3304
7. Contract For Services – Paducah Junior College (Community Scholarship Program) –
MO #3306
8. Agreement with Tyler Technology – MO #3307
9. Agreement between Commonwealth of Kentucky Transportation Cabinet Department of
Rural and Municipal Aid and City of Paducah – South 21st Street – MO #3308
10. Employment Agreement – Carol Gault – Director of Community Development –
MO #3312
11. Development Agreement between City of Paducah and Salem Avenue LLC – MO #3314
Bids and Proposals File:
1. Bid for ¾ ton service truck – Facility Maintenance Division
Linwood Motors – Sole bid – no commission action required
Agenda Action Form
Meeting Date: October 2, 2026
Short Title: Opioid Settlement and Recovery Funds Policy - L. PARISH
Category: Municipal Order
Staff Work By: Lindsay Parish, Daron Jordan, Audra
Kyle, Brian Laird
Presentation By: Lindsay Parish
Background Information: The City of Paducah receives funding through national opioid settlements that
must be used for eligible opioid remediation purposes. The proposed Municipal Order directs the City Manager
to institute and administer a policy governing the use of opioid settlement and recovery funds received by the
City of Paducah. The policy will prioritize continued funding and potential growth of the City’s Deflection
Program and establish parameters for funding requests from outside agencies.
This action ensures that no more than twenty percent (20%) of opioid settlement funds held by the City as of
July 1 of any fiscal year may be awarded to outside agencies in that fiscal year. Based on current projections,
this approach is expected to sustain the City's Deflection program through approximately FY2035, assuming
anticipated settlement revenues and projected expenses remain generally consistent. The policy also establishes
a process for outside agency funding requests and requires outside agencies receiving funds to enter into a
written Contract for Services with the City before receiving funding.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: Approval.
Attachments:
1. MO - Opioid Settlement Funds Policy
2. FIN-33 Opioid Settlement & Recovery Funds Policy
3. Opioid Fund Spend Down Projections
4. Opioid Settlement Policy Memo
MUNICIPAL ORDER NO. _______
A MUNICIPAL ORDER DIRECTING THE CITY MANAGER TO INSTITUTE
AND ADMINISTER A POLICY GOVERNING THE USE OF OPIOID
SETTLEMENT AND RECOVERY FUNDS RECEIVED BY THE CITY OF
PADUCAH
WHEREAS, the City of Paducah has received and anticipates continuing to
receive funds resulting from national opioid settlements; and
WHEREAS, such funds are required to be used for eligible opioid remediation
purposes in accordance with KRS 15.291, KRS 15.293, applicable administrative regulations,
and applicable opioid settlement requirements; and
WHEREAS, the Board of Commissioners desires to establish a consistent
framework for the responsible and sustainable use of such funds, with priority given to the
continued operation and potential expansion of the City's Deflection Program; and
WHEREAS, the Board of Commissioners further desires to establish parameters
for the consideration of funding requests from outside agencies.
NOW, THEREFORE, IT IS HEREBY ORDERED BY THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. The City Manager is hereby directed to institute and administer a
policy governing the use of opioid settlement and recovery funds received by the City. The policy
shall prioritize sufficient funding for the continued operation and potential growth of the City's
Deflection Program. The policy shall provide that no more than twenty percent (20%) of opioid
settlement funds held by the City as of July 1st of any given fiscal year may be awarded to outside
agencies in that fiscal year.
SECTION 2. The policy shall establish a process for outside agency funding
requests and require any outside agency receiving opioid settlement funds to enter into a written
Contract for Services with the City prior to receiving funds.
SECTION 3. This Order shall be in full force and effect from and after the date
of its adoption.
____________________________________
George Bray, Mayor
Adopted by the Board of Commissioners, ___________________________
Recorded by Lindsay Parish, City Clerk, ___________________________
mo\Opioid Settlement Funds Policy
Agenda Action Form
Meeting Date: October 2, 2026
Short Title: Renew employment agreement with Officer Travis Counts - B. LAIRD
Category: Municipal Order
Staff Work
By: Brian Laird
Presentation
By: Brian Laird
Background Information: Travis Counts is a retired Paducah police officer who returned to work as a
police officer in 2025. He currently serves as a patrol officer. Kentucky Retirement Systems requires an
annual contract for retired police officers to return to work.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority: Commission Priorities List
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: Approve the agreement.
Attachments:
1. MO - renewal - employment agreement - Travis Counts PD
2. Travis Counts Employment agreement 2026
MUNICIPAL ORDER NO. _______
_______________________________
George Bray, Mayor
Adopted by the Board of Commissioners, October 2, 2026
Recorded by Lindsay Parish, City Clerk, October 2, 2026
\mo\renewal- employment agreement – Travis Counts – PD
Agenda Action Form
Meeting Date: October 2, 2026
Short Title: Authorize the Application and Acceptance of a FY 2026 Edward Byrne Justice Assistance Grant
(JAG) in the amount of $12,045 - B. LAIRD
Category: Municipal Order
Staff Work By: Jordan
Murphy, Hope Reasons
Presentation By: Brian Laird
Background Information: The Edward Byrne Memorial Justice Assistance Grant (JAG)Program is a
formula grant program which serves as the leading source of federal justice funding to state and local
jurisdictions. The JAG Program provides states, tribes, and local governments with critical funding necessary to
support personnel, equipment, supplies,contractual support, training, technical assistance, and information
systems for criminal justice or civil proceedings. The City of Paducah Police Department is requesting funding
for a Skydio R10 Patrol Drone. The drone will allow officers to assess potentially dangerous environments
from a safer position and provide real-time information that cannot always be obtained from officers operating
at ground level. There is no match required for this grant.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority: Commission Priorities List
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: Authorize the application and acceptance of the JAG Grant and for the Mayor to
sign all documentation related to same.
Attachments:
1. MO - app and award- FY2026 Edward Byrne Justice Assistance Grant JAG
MUNICIPAL ORDER NO. _______
A MUNICIPAL ORDER APPROVING THE EXECUTION OF A GRANT APPLICATION TO
OBTAIN AN FY2026 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT,
THROUGH THE U.S. DEPARTMENT OF JUSTICE, IN THE AMOUNT OF $12,045, TO BE
USED BY THE PADUCAH POLICE DEPARTMENT ACCEPTING ALL AWARDED
GRANT FUNDS, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS
RELATED TO SAME
BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah hereby approves the execution of a grant
application to obtain an FY2026 Edward Byrne Memorial Justice Assistance Grant, through the
U.S. Department of Justice, in the amount of $12,045, to be used by the Paducah Police
Department to purchase a Skydio 10 Patrol Drone. This grant does not require a local cash
match.
SECTION 2. That the City of Paducah accepts all grant funds awarded through
the U.S. Department of Justice.
SECTION 3. This order shall be in full force and effect from and after the date of
its adoption.
_________________________________
George Bray, Mayor
ATTEST:
_______________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, October 2, 2026
Recorded by Lindsay Parish, City Clerk, October 2, 2026
\mo\grants\app and award- FY2026 Edward Byrne Justice Assistance Grant JAG
Agenda Action Form
Meeting Date: October 2, 2026
Short Title: Authorize the release of a Request for Proposals for the Transient Boat Dock - A. CLARK
Category: Municipal Order
Staff Work
By: Amie Clark
Presentation
By: Amie Clark
Background Information: Authorize the release of a Request for Proposals for replacement of the decking
at the Transient Boat Dock.
The transient boat dock was installed in 2017 and provides 340 linear feet of docking space for transient boaters
with reservations through the Parks and Recreation Department. Renovations to the dock are needed to include
new decking, some frame work repairs, bumpers, etc. The City allocated funds in FY27 to use towards
replacing the decking, repairing the framework as necessary, and adding a fourth fire stand pipe for the Fire
Department.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Facility Improvements
Communications Plan:
Funds Available: Account Name: Paducah Transient Boat Dock Operations
Account Number: 53002406 533050
Staff Recommendation: Approve
Attachments:
1. MO - RFP - Transient Boat Dock Repairs
MUNICIPAL ORDER NO. ________
A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE CITY MANAGER TO
RELEASE A REQUEST FOR PROPOSALS FOR THE TRANSIENT BOAT DOCK
REPAIRS
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City Manager is hereby authorized and directed to
release a Request For Proposals for the replacement of the decking at the transient boat dock.
The City allocated funds in the FY2027 budget to use towards replacing the decking,
repairing the framework as necessary and adding a fourth fire standpipe for the Fire
Department.
SECTION 2. This Order will be in full force and effect from and after the
date of its adoption.
______________________________
George Bray, Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, October 2, 2026
Recorded by Lindsay Parish, City Clerk, October 2, 2026
MO\RFP – Transient Boat Dock Repairs
Agenda Action Form
Meeting Date: October 2, 2026
Short Title: Declaration and Sale of Surplus Property 1417 Burnett St. - C. GAULT
Category: Municipal Order
Staff Work
By: Nancy
Upchurch
Presentation
By: Carol Gault
Background Information: Mr. Jeramie Sorina of Kentucky Modern Housing Development LLC submitted a
request to purchase the vacant property located at 1417 Burnett Street for $1.
He prefers to construct a duplex on the property, with each unit consisting of two bedrooms and two bathrooms
and containing approximately 840 square feet. The estimated total investment for the duplex is $317,600.
If the Board determines that a single-family residence would be more appropriate, Mr. Sorena has indicated that
he is willing to construct an energy-efficient, three-bedroom, two-bathroom single-family home utilizing the
Grand Rivers Plan. The estimated investment for the single-family residence is approximately $250,000.
For either development option, landscaping will be provided upon completion of the project. Mr. Sorena's goal
is to complete construction within 1 year of the transfer of title.
He submitted documentation of his financial ability to complete either proposed project.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority: Commission Priorities List
Communications Plan: Staff presented the proposals to URCDA for its input, given that the
property is directly across from the Fountain Avenue Revitalization Area. The discussion
considered the potential impact of the proposed development on adjacent property owners, as
well as the current housing shortage and the potential need for additional housing as future
industry develops in the area.
After discussion and consideration, URCDA recommends that the Board of Commissioners
accept the proposal to construct a duplex on the lot, creating two additional quality rental units.
Funds Available: Account Name:
Account Number:
Staff Recommendation:
Attachments:
1. MO - prop sale– 1417 Burnett Street
2. SOA2026-0023 1417 Burnett St Staff Report BOC
3. 1417 Burnett St Duplex
4. 1417 Burnett St SFR
MUNICIPAL ORDER NO. _______
A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 1417
BURNETT STREET, PADUCAH, KENTUCKY TO BE SURPLUS PROPERTY,
ACCEPTING THE BID OF JERAMIE SORINA OF KENTUCKY MODERN HOUSING
DEVELOPMENT, LLC IN THE AMOUNT OF ONE DOLLAR ($1.00) AND AUTHORIZING
THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME
WHEREAS, pursuant to KRS 82.083, a written determination has been made that
the City does not have any use at this time or in the future for property located at 1417 Burnett
Street, Paducah, Kentucky, which constitutes surplus real estate; and
WHEREAS, the City advertised for bids in February 2026 and again in May
2026. No bids were received by the deadline;
WHEREAS, Jeramie Sorina of Kentucky Modern Housing Development, LLC
submitted a request to purchase the property located at 1417 Burnett Street for One Dollar
($1.00) to construct a duplex on this property, consisting of two (2) two-bedroom two-bathroom
units containing approximately 840 square feet. The estimated value of the proposed investment
is approximately $317,600, and the goal is to complete the project within one year of transfer of
title; and
WHEREAS, the City desires to accept the proposal for sale to Jeramie Sorina of
Kentucky Modern Housing Development LLC, in the amount of One Dollar ($1.00).
NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. The Board of Commissioners hereby declares the property located
at 1417 Burnett Street, Paducah, Kentucky to be surplus property as it relates to the operations of
the City. Further, the Board of Commissioners hereby accepts the bid of Jeramie Sorina of
Kentucky Modern Housing Development LLC in the amount of One Dollar ($1.00) for the
purchase of real property located at 1417 Burnett Street, Paducah, Kentucky. The deed shall
contain a reversionary clause providing that title shall revert to the Urban Renewal and
Community Development Agency if the project is not substantially completed in accordance
with the submitted proposal within one (1) year of conveyance.
SECTION 2. The Mayor is hereby authorized to execute a deed and any
necessary documents relating to same to complete the sale of the real property approved in
Section 1 above.
SECTION 3. This Order shall be in full force and effect from and after the date
of its adoption.
______________________________
George Bray, Mayor
ATTEST:
___________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, October 2, 2026
Recorded by Lindsay Parish, City Clerk, October 2, 2026
\mo\prop sale– 1417 Burnett Street
STAFF REPORT
STAFF REPORT
Board of Commissioners
APPLICATION INFORMATION
ADDRESS 1417 Burnett Street
CASE NO. SOA2026-0026
OWNER City of Paducah
APPLICANT Kentucky Modern Housing Development, LLC
AGENT ---
REQUEST Sale of Asset
MEETIGN DATE October 2, 2026
GENERAL SITE INFORMATION
CURRENT ZONING R-3
CURRENT LAND USE Vacant
COMPREHENSIVE PLAN Neighborhood Conservation
CURRENT IMPROVEMENTS None
FLOODPLAIN No
PUBLIC UTILITIES Power, gas, water
PUBLIC SERVICES Paducah Fire, Paducah Police
SURROUNDING AREA INFORMATION
SURROUNDING ZONING SURROUNDING LAND USE
NORTH R-3 Single-Family Home
SOUTH R-3 Vacant Lot
EAST R-3 Vacant Lot
WEST M-1 Caldwell Park
GENERAL INFORMATION
The disposition of surplus or excess property is governed by City Code Section 2-
668; which references KRS 82.083.
SOA
STAFF REPORT
ACQUISITION OF THE PROPERTY
The City of Paducah acquired this property in May 2016. The structure on the lot
was demolished many years ago. The intended use at the time of acquisition was
to hold for possible future expansion of the cemetery, however it has since been
determined that this lot would not be used for that purpose and was added to
the property available for development.
This property was advertised in February 2026 and again in May 2026 No bids were
received by the deadline. KRS 82.083(5) states “If a city receives no bids for the
real or personal property, either at public or electronic auction or by sealed bid
the property may be disposed of, consistent with the public interest, in any
manner deemed appropriate by the City. In those instances, a written description
of the property, the method of disposal, and the amount of compensation, if any,
shall be made.”
DESCRIPTION OF THE PROPERTY:
1417 Burnett Street
PVA PIN 104-31-05-018
Lot Dimensions: 73’ X 143’ X 45’ X 140’
STAFF REPORT
DISPOSITION OF THE PROPERTY
Typically, it is in the best interest of the City to transfer ownership of underutilized
parcels to a responsible citizen, thereby placing the property back on the tax
rolls and eliminating the maintenance and liability costs. Property disposal
method: Accept the sole offer and transfer as recommended by Planning Staff.
BID INFORMATION
BID
#1
KY Modern Housing Development LLC Bid Amount: $1
Mr. Jeremy Sorina of Kentucky Modern Housing Development LLC submitted a
request to purchase the vacant property located at 1417 Burnett Street for $1.
He prefers to construct a duplex on the property, with each unit consisting of
two bedrooms and two bathrooms and containing approximately 840 square
feet. The estimated total investment for the duplex is $317,600.
If the Board determines that a single-family residence would be more
appropriate, Mr. Sorena has indicated that he is willing to construct an energy-
efficient, three-bedroom, two-bathroom single-family home utilizing the Grand
Rivers Plan. The estimated investment for the single-family residence is
approximately $250,000.
For either development option, landscaping will be provided upon completion
of the project. Mr. Bill’s goal is to complete construction within 1 year of the
transfer of title.
He submitted documentation of his financial ability to complete either
proposed project.
STAFF RECOMMENDATION
Staff presented the proposals to URCDA for its input, given that the property is directly
across from the Fountain Avenue Revitalization Area. The discussion considered the
potential impact of the proposed development on adjacent property owners, as well as
the current housing shortage and the potential need for additional housing as future
industry develops in the area.
After discussion and consideration, URCDA recommends that the Board of
Commissioners accept the proposal to construct a duplex on the lot, creating two
additional quality rental units.
Agenda Action Form
Meeting Date: October 2, 2026
Short Title: City Manager Contract Renewal - S. WILCOX
Category: Municipal Order
Staff Work By: Stefanie Wilcox
Presentation By: Stefanie Wilcox
Background Information: Agreement to renew Daron Jordan’s employment for an additional period
beyond the extension set to expire July 31, 2027. The renewal will expire December 31, 2027.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority: Commission Priorities List
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: Sign Renewal Employment Agreement to extend City Manager contract.
Attachments:
1. MO City manager contract renewal – Daron Jordan 12-2027
2. RENEWAL OF CITY MANAGER AGREEMENT 2027 signed by CM
MUNICIPAL ORDER NO. ______
The Board of Commissioners of the City of Paducah hereby
approves, and the Mayor of the City of Paducah, Kentucky, is hereby authorized and directed to execute
the Agreement to Renew Employment Agreement with Daron Jordan as Paducah City Manager. Said
renewal will expire December 31, 2027.
Section 2. Effective Date. This Order shall be in full force and effect on and after
the date as approved by the Board of Commissioners of the City of Paducah, Kentucky.
Adopted by the Board of Commissioners, October 2, 2026
Recorded by City Clerk, October 2, 2026
MO\city manager contract renewal – Daron Jordan 12-2027
Agenda Action Form
Meeting Date: October 2, 2026
Short Title: Approve a Lease Agreement with Seaman's Church Institute - M. SMOLEN
Category: Municipal Order
Staff Work
By: Michelle
Smolen
Presentation
By: Michelle
Smolen
Background Information: This Municipal Order authorizes the Mayor to execute a lease agreement with
Seaman's Church Institute of New York and New Jersey, Inc. (SCI). The City owns property at 129 Water
Street. Currently, the City leases the property to Seamen's Church Institute, which then subleases a portion of
the property to River Heritage Museum and Paducah Film Society. All parties now wish to renew and revise
the lease agreements so that the City will have lease agreements directly with SCI, River Heritage Museum,
and Paducah Film Society.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: Approval.
Attachments:
1. MO Lease - Seaman's Church Institute
MUNICIPAL ORDER NO. _______
Adopted by the Board of Commissioners, October 2, 2026
Recorded by Lindsay Parish, City Clerk, October 2, 2026
\mo\Lease- Seaman’s Church Institute
Agenda Action Form
Meeting Date: October 2, 2026
Short Title: Authorize the Mayor to execute a contract with Inspired Technologies in the amount of
$95,320.22 for the Parks Camera RFP - E. STUBER
Category: Municipal Order
Staff Work By: Eric Stuber, Amie Clark, Brian Laird, Kaitlyn Wells,
Michael Niemeier, Stephanie Millay
Presentation By: Eric Stuber
Background Information: The city has 27 parks under its care and maintenance. Noble Park is the only
park with cameras that were in 2006 when the Skatepark was opened. With the increase in use of the parks and
significant investments in infrastructure at many of the parks, we put together a multi-year plan to increase the
camera network throughout the park system. It was decided to start with the three largest parks: Noble, Rotary,
and Robert Coleman.
In 2025 we put together a project cope and budget to be implemented in fiscal year 2026.
In March 2026, during budget preparations, money was moved to a project account, EQ0040, in the amount of
$228,343 to cover the cost of fiber, electric, and cameras for Noble Park, Rotary Health Park, and Robert
Coleman Park. $116,827 was allocated for camera equipment and installation.
On March 24th 2026, municipal Order 3215 authorized you to release an RFP for camera and installation
services for this project.
We released the RFP on August 26th 2026 and conducted a pre-bid meeting on September 1st. TESCO and
Inspired Technologies attended that meeting.
On September 15th, we opened bids from both vendors.
On September 23rd, a committee comprised of Chief Technology Director Eric Stuber, Chief of Police Brian
Laird, Director of Parks Amie Clark, Systems Administrator Kaitlyn Wells, Cybersecurity Specialist Michael
Niemeier, and Revenue Manager Stephanie Millay reviewed both proposals.
Both proposals were graded using the criteria from the RFP. After averaging all scores, the winning proposal
was from Inspired Technologies in the amount of $95,320.22.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority: Commission Priorities List
Communications Plan:
Funds Available: Account Name: Parks Camera Replacement/Expansion Project Account
Account Number: EQ0040-000-70000-70008
Staff Recommendation: Authorize the Mayor to execute a contract with Inspired Technologies in the
amount of $95,320.22 for the Parks Camera RFP
Attachments:
1. MO - Contract with Inspired Technologies - Parks Camera Project
2. RFP-FINAL
3. MO #3215
MUNICIPAL ORDER NO. __________
A MUNICIPAL ORDER ACCEPTING THE BID OF INSPIRED TECHNOLOGIES, IN
AMOUNT OF $95,320.22 FOR THE PARKS CAMERA PROJECT AND AUTHORIZING
THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME
WHEREAS, on March 24, 2026, Municipal Order 3215 authorized the release of
an RFP for camera and installation services for the Parks Camera project; and
WHEREAS, the RFP was released on August 26, 2026, and a pre-bid meeting
was conducted on September 1, 2026. TESCO and Inspired Technology attended that pre-bid
meeting; and
WHEREAS, a bid opening was held on September 15, 2026, with two bids being
received, one from TESCO and one from Inspired Technology;
WHEREAS, on September 23, 2026, a committee convened using the criteria
from the RFP to evaluate both bids. After averaging all scores, the winning proposal was
determined to be from Inspired Technologies in the amount of $95,320.22;
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute a contract with
Inspired Technologies in the amount of $95,320.22.
SECTION 2. This purchase shall be charged to the Parks Camera
Replacement/Expansion Project Account, Account Number EQ 0040-000-70000-70008.
SECTION 3. This Order shall be in full force and effect from and after the date
of its adoption.
______________________________
George Bray, Mayor
ATTEST:
________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, October 2, 2026
Recorded by Lindsay Parish, City Clerk, October 2, 2026
\mo\contract with Inspired Technologies – Parks Camera Project
CITY OF PADUCAH, KY
Request for Proposal
City Parks Camera Project
Page 1 of 22
Table of Contents
I. Introduction
II. Current Environment
III. Scope of Work/Services
IV. Specifications
V. Proposal Contents
VI. Warranty and Maintenance:
VII. Pricing
VIII. Submission and Evaluation
IX. Conflicts, Gratuities, and Kickbacks
X. Equal Employment Opportunity
XI. Compliance With All Laws
Page 2 of 22
I. Introduction
The City of Paducah, KY is requesting proposals from qualified firms to
provide low voltage electrical services, camera design, and installation
for the upcoming Parks Camera projects. This includes but is not limited
to installation of cameras and wireless bridges and running low voltage
cabling.
II. Current Environment
The City of Paducah would like new cameras installed at Robert Coleman
and Rotary Health Parks as well as cameras added or replaced in
multiple locations in Noble Park. These locations are being prepared
with power and fiber infrastructure. The City’s current cameras are Axis
brand and our existing video management software is Milestone
Systems. Additional details of the City of Paducah’s technology
environment will be disclosed during the mandatory in-person pre-
submission meeting.
III. Scope of Work/Services
It is the goal of the City of Paducah to install new cameras at Robert
Coleman Park, Rotary Health Park, and add/replace cameras at multiple
Noble Park locations. In addition, the new cameras are to be configured
and added to our existing Milestone Systems video management
software. Some locations will require wireless bridges to connect to the
network.
Page 3 of 22
Installation:
Unless otherwise specified, installation includes:
• Running low voltage cabling in existing conduit/poles from
camera locations to fiber locations
• Termination of low voltage cabling
• Mounting cameras and network equipment
• Configuration of cameras and networking equipment
• Adding cameras into exiting Milestone video management system
• Testing and calibrating cameras
All fiber junction boxes, decorative camera poles, conduits, and
electrical receptacles are being installed under a separate Request for
Bid and are *not* in scope for this Request for Proposal.
The following maps show where each camera will approximately be
installed and where the new infrastructure will be added:
Map Legend
Line/Dot
Color Description
Baby Blue Low-Voltage bore
Blue dot Camera
Red dot Receptacle
Gray Fiber
Purple Wireless Bridge
Maps continued next page
Page 4 of 22
Robert Coleman Park
Camera 1
• Mount 4-lens camera on corner of existing building
• Connect to customer provided switch
Camera 2
• Mount 4-lens camera on customer provided pole
• Run low-voltage from customer provided switch in building to camera
location in existing conduit
Page 5 of 22
Camera 3
• Mount 4-lens camera on customer provided pole
• Run low-voltage from customer provided switch in building to camera
locations in existing conduit
Rotary Health Park
Camera 1
• Mount 4-lens camera on customer provided pole at electrical box just
outside bathroom
• Connect to customer provided fiber junction box
Page 6 of 22
Camera 2
• Run low-voltage cabling from customer provided junction box at
Harrison/N 14th to camera location in existing conduit
• Mount 4-lens camera on customer provided pole location at North West
side of park
Camera 3
• Run low-voltage from customer provided junction box at Harrison/N 14th to
camera location in existing conduit
• Mount 4-lens camera on customer provided pole location at South West
side of park
Noble Park
Continued on next page
Page 7 of 22
Noble Park – Dog Park/Anna Baumer
Camera 1
• Install 4-lens camera on customer provided light pole in parking lot
• Connect to customer provided fiber junction box on same pole
• Mount customer provided wireless access point on pole and connect to
fiber junction box
Page 8 of 22
Noble Park – Large Playground East
Camera 1
• Mount 4-lens camera and wireless bridge on corner of bathroom
• Connect to customer provided network switch
Page 9 of 22
Camera 2
• Run low voltage in existing conduit from customer provided junction box to
camera location at playground
• Mount 4-lens camera and wireless bridge on customer provided pole at
playground
Noble Park – Wacinton Totem/Tennis/Pickleball
Page 10 of 22
Camera 1
• Mount 4-lens camera on customer provided pole at tennis court
• Mount wireless bridge on building
• Run low voltage in existing conduit from tennis court bathroom to camera
location
• Connect bridge and camera to customer provided switch
Camera 2
• Run low voltage in existing conduit from customer provided junction box at
north west corner of parking lot to camera location
• Mount 4-lens camera on customer provided light pole west of parking lot
• Mount wireless bridge on customer provided light pole at north west
corner of parking lot
Page 11 of 22
Noble Park – Pool
General Notes
• Remove all existing cameras and camera cabling
• All new cabling should terminate at existing, customer provided, switch
location
Camera 1
• Install 4-lens camera on north west corner of building
Page 12 of 22
Camera 2
• Install fixed lens camera in interior pointing at exit to pool
Camera 3
• Install fixed lens camera in interior pointing at entrance to pool house
Camera 4
• Install 4-lens camera on south west corner of building
Camera 5
• Run low voltage in existing conduit to camera location in parking lot
• Install 4-lens camera on customer provided pole in parking lot
Page 13 of 22
Noble Park – Skate Park
Camera 1
• Install 4-lens camera on provided pole and connect to customer provided
junction box
• Mount customer provided wireless access point
Page 14 of 22
Noble Park - Baseball and Softball
Camera 1
• Replace existing camera at baseball field parking lot with new 4-lens
camera
Camera 2
• Replace existing camera at baseball field with fixed camera
Page 15 of 22
Noble Park – Basketball Courts
Camera 1
Page 16 of 22
• Replace existing camera with new fixed camera
IV. Specifications
Cameras
• Must be AXIS brand, no substitutions will be accepted
• Must be a minimum of 4MP
• All cameras must be quoted with a minimum of 512GB SD card
• Cameras mounted on decorative poles must be black in color
Wireless bridges
• Must be Ubiquity UniFi, no substitutions will be accepted
Cabling
• All low voltage cabling shall be outdoor rated and CAT 6
• All low voltage cabling that is visible to the public shall be black in
color
Licensing
• Quotes must include Milestone XProtect Expert Device Channel
License
• Quotes must include Milestone Care Plus for XProtect Expert DL
V. Proposal Contents
• Names, addresses and descriptions of key subcontractors, if any, that
your company would employ and a description of their relevant
experience and past performance.
• Any subcontractors must be identified in the bid. The City must know
if work is being done outside of the firm. Please remember that after
contract signing the City reserves the right to approve all
subcontractors that were not approved during the RFP process.
Page 17 of 22
Denial of a subcontractor by the City will NOT absolve the bidder
from getting the work done for the contracted price.
• The name of the person in your firm who would be the official
contact person for any contractual relationship.
• A schedule for the work, including the range of start dates to which
your firm is prepared to commit and anticipated completion dates.
• A letter stating that the bidder will supply general liability insurance
with the City of Paducah as an additional insured.
• A detailed scope of work for each park location
• A detailed materials list including manufacturer and model numbers
for each park location. A sample materials sheet is provided as
Appendix A.
VI. Warranty and Maintenance:
The bidder warrants that all services performed and materials provided
will be free from defects in material and workmanship for a period of
one year from the date of final acceptance by the City of Paducah, KY.
Any defects, faulty materials, or poor workmanship appearing within
this period shall be corrected or replaced by the bidder at no additional
cost to the City of Paducah, KY.
VII. Pricing
The City seeks a clear and comprehensive understanding of all costs
associated with this effort. The City will evaluate proposals based on the
“Total Cost”. The proposer’s pricing should, by line item, identify all
costs on a single sheet, with a clearly identified “Total Cost”. The
contract “not to exceed” amount will be based on this “Total Cost”.
Page 18 of 22
Pricing shall be broken down by each location in the scope of work. A
sample pricing sheet is provided as Appendix B.
VIII. Submission and Evaluation
Pre-Submission meeting
For bidders to be fully informed on the current environment at the
parks, prospective bidders shall attend a mandatory, in person, pre-
proposal meeting where the parks will be evaluated and questions can
be asked.
Virtual attendance will not be permitted. Failure to attend this meeting
will disqualify you as a potential bidder.
The meeting will be held 14 days prior to the bid opening, at 2:00 p.m.
on Tuesday, September 1st, 2026, at the City Hall, 2nd Floor Commission
Chambers, 300 S. Fifth Street, Paducah, KY.
Questions made in writing (email) will be responded to up to 72 hours
prior to the bid opening. If questions are submitted, the question(s) and
answer(s) are forwarded to all potential bidders in order to maintain a
fair and competitive process.
All questions may be sent to Eric Stuber, Chief Technology Director, at
estuber@paducahky.gov
Submission Procedure
Page 19 of 22
Three copies of sealed Proposals conforming to the requirements set
out below must be received via U.S. Mail or Courier no later than 2:00
p.m., Tuesday, September 15th, 2026. Submittals shall be submitted to:
Paducah City Clerk
300 South Fifth Street
PO Box 2267 Paducah, KY 42002
Physical proposals must be submitted in sealed envelopes and marked,
“City of Paducah FY27 Parks Camera RFP”. The name and address of the
bidder must also appear on the envelope
Proposals must state that they are valid for a period of at least ninety
(90) days from the closing deadline.
The City of Paducah reserves the right to waive irregularities and to
reject any or all bids. The City also reserves the right to negotiate with
the selected bidder in the event that the price exceeds available funds
Modification of Bids
Modifications to bids already submitted will be allowed if submitted in
writing prior to the time fixed in the RFP. Modifications shall be
submitted as such and shall not reveal the total amount of either the
original or revised bids. Modifications shall follow submission
requirements.
Opening Evaluation and Contracting
Proposals will be opened by the City of Paducah at City Hall located at
300 South 5th Street on Tuesday, September 15th, 2026 at 2:00 pm. All
proposals must be submitted to the Paducah City Clerk’s office in a
sealed envelope and marked “City of Paducah FY27 Parks Camera RFP.”
Page 20 of 22
All proposals satisfying the requirements of this Request for Proposals
will be evaluated to establish which of the bidder’s best fulfills the needs
of the City and this project.
The City of Paducah will select the most qualified firm based on the
following criteria:
Criteria Points
Criteria Points
1. Specialized experience or technical expertise of the
bidder
15
a. Experience
b. Qualifications
c. Age of business
2. Past record of performance on similar contract(s) with
other clients, including quality of work, timelines, and
cost control.
35
a. References
b. Quality of references
c. Evidence of past performance
d. Has government clients
e. Has worked with the City before
3. Quality of services to be provided 25
a. Process thoroughly outlined/defined
b. All product requirements are met
4. Value and Price of services performed 25
a. Fixed cost proposal provided
b. Lowest price gets maximum points, all others scored
proportionally
TOTAL POSSIBLE POINTS: 100
The city anticipates entering into a contract with one bidder to provide
the scope of work/services provided herein. This RFP, however, does not
commit the City to award a contract, to pay any costs incurred in the
Page 21 of 22
preparation of a proposal or to contract for the goods and/or services
offered. The City reserves the right to accept or reject any or all
proposals received as a result of this request, to negotiate with all
qualified bidders or to cancel this RFP, if it is in the best interests of the
City to do so. If an award is made, the best evaluated bidder will be
awarded the bid. The decision of the City shall be final.
After the selection of a Company, the schedule should include a period
of collaboration between the City and the Company to better define,
elaborate upon and fix the Company’s exact and final scope of
work/services (the “Final Scope”). The Final Scope will be attached to
the executed contract. The Company warrants to the City that the scope
of work/services reflected therein can be completed by the Company, in
a form substantially similar to the preliminary scope, for the amount of
the compensation set forth in the Proposal Content.
Qualifications
• Bidder or subcontractors must hold a Milestone certification to be
able to add cameras to existing Milestone system
• Bidder must provide Milestone certification numbers for their staff or
subcontractors as part of their bid package
• Bidder or subcontractors must be able to obtain an electrical permit
for low voltage through the City of Paducah Fire Prevention Division
• All electrical work completed for this bid must be National Electrical
Code (NEC) 2023 Compliant
IX. Conflicts, Gratuities, and Kickbacks
The Bidder adheres to the provision of KRS 45A.455 relative to conflicts
of interest, gratuities, kickbacks, and use of confidential information in
all bid/proposal offerings. During the bid/proposal process, bidders shall
Page 22 of 22
not contact any employee of the City in reference to this bid/proposal,
with the exception of the City’s designee. Failure to abide by this
provision may serve as grounds for disqualification for award of this
contract.
X.Equal Employment Opportunity
The Bidder shall ensure that employees and applicants for employment
are not discriminated against because of their race, religion, color, sex,
national origin, age or disability.
XI.Compliance With All Laws
The Bidder shall comply with all aforementioned governs and shall
relieve the City of any or all claims made against the Bidder arising from
violations of any such governs by the Bidder, his employees or his or
their action. The Bidder shall be in good standing with all governmental
entities and not be delinquent on any Federal, State, Local or property
taxes, including penalty and interest charges.
Appendix A: Materials Sheet
City of Paducah FY27 Parks Cameras RFP
Bidder Name:
Park Location Mfg Model/Part No Qty
Robert Coleman Park
Item Description 1
Item Description 2
Item Description 3
Rotary Health Park
Item Description 1
Item Description 2
Item Description 3
Noble Park - Dog Park
Item Description 1
Item Description 2
Item Description 3
Noble Park - Large Playground East
Item Description 1
Item Description 2
Item Description 3
Noble Park - Wacinton Totem/Tennis/Pickleball
Item Description 1
Item Description 2
Item Description 3
Noble Park - Pool
Item Description 1
Item Description 2
Item Description 3
Noble Park - Skatepark
Item Description 1
Item Description 2
Item Description 3
Noble Park - Baseball/Softball
Item Description 1
Item Description 2
Item Description 3
Appendix B: Price Sheet
City of Paducah FY27 Parks Cameras RFP
Bidder Name:
Park Location Labor Materials Subcontractor Inspection/Permit Total
Robert Coleman Park
Rotary Health Park
Noble Park - Dog Park
Noble Park - Large Playgroun East
Noble Park - Wacinton Totem/Tennis/Pickleball
Noble Park - Pool
Noble Park - Skatepark
Noble Park - Baseball/Softball
Totals
MUNICIPAL ORDER NO. 3215
A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE CITY MANAGER TO
RELEASE A REQUEST FOR PROPOSALS FOR CAMERAS TO SUPPORT PARKS
CAMERAS PHASE 1
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City Manager is hereby authorized and directed to
release a Request for Proposals for cameras, software/hardware licensing, and installation of
cameras to support Parks Cameras Phase 1, to include Noble Park, Rotary Health Park, and
Robert Coleman Park.
SECTION 2. This Order will be in full force effect from and after the
date of its adoption.
George Bray, Mayor
ATTrEST:
Qndsay Parish City Clerk
Adopted by the Board of Commissioners, March 24, 2026
Recorded by Lindsay Parish, City Clerk, March 24, 2026
MO\RFP — cameras — Parks Phase 1
Agenda Action Form
Meeting Date: October 2, 2026
Short Title: Authorize an Application for a 2026 National Park Service Land and Water Conservation Fund
Grant in the Amount of $1,000,000 - A. CLARK
Category: Municipal Order
Staff Work By: Amie
Clark, Hope Reasons
Presentation By: Amie
Clark
Background Information: LWCF provides federal grant funds to protect important natural areas,
acquire land for outdoor recreation and to develop or renovate public outdoor recreation
facilities such as campgrounds, picnic areas, sports & playfields, swimming facilities, boating
facilities, fishing facilities, trails, natural areas and passive parks. The Parks and Recreation
Department will be applying for funding to replace the sprayground at Robert Coleman Park.
There is a 50/50 matching requirement for this grant program. If awarded, the $1,000,000
match would need to be included in the FY 2028 budget.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Southside Revitalization, Quality of Life
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: Authorize the application for the LWCF grant.
Attachments:
1. MO app - 2026 LWCF grant – Robert Coleman sprayground
MUNICIPAL ORDER NO. _______
Adopted by the Board of Commissioners, October 2, 2026
Recorded by Lindsay Parish, City Clerk, October 2, 2026
\mo\grants\app and award- 2026 LWCF grant – Robert Coleman sprayground
Agenda Action Form
Meeting Date: October 2, 2026
Short Title: Approve a Memorandum of Understanding Between the City of Paducah, Kentucky, and
Chapman Property Development, LLC - G. GUEBERT
Category: Ordinance
Staff Work By: Melanie Townsend, Josh
Fowler-Sommer
Presentation By: Greg Guebert
Background Information: Chapman Property Development, LLC and the City of Paducah wish to enter into
a Memorandum of Understanding for an Infill Agreement to reimburse costs for eligible public infrastructure
related to Melody Lane. On February 10, 2026, the Paducah Board of Commissioners adopted Ordinance 2026-
02-8868, accepting the Street Acceptance Plat for Melody Lane and accepting the dedication of public right-of-
way and public improvements.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority: Commission Priorities List
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: Approve and Authorize the Mayor to sign a Memorandum of Understanding
between Chapman Property Development, LLC and the City of Paducah for the reimbursement of costs
associated with the construction of Melody Lane.
Attachments:
1. ORD – Melody Lane – Chapman Property Development
2. MEMORANDUM OF UNDERSTANDING_Melody Lane
3. Infill Agreement_Melody Lane
ORDINANCE NO. 2026-____-_____
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM
OF UNDERSTANDING AND RESIDENTIAL INFILL DEVELOPMENT AGREEMENT
WITH CHAPMAN PROPERTY DEVELOPMENT, LLC, FOR THE MELODY LANE
DEVELOPMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute a Memorandum of
Understanding between the City of Paducah and Chapman Property Development, LLC, relating
to the construction of public improvements associated with Melody Lane and the reimbursement
of eligible costs associated therewith.
SECTION 2. Upon completion and acceptance of the eligible public improvements in
accordance with the Memorandum of Understanding and applicable City requirements, the
Mayor is further authorized to execute the Residential Infill Development Agreement between
the City of Paducah and Chapman Property Development, LLC, in substantially the form
presented to the Board of Commissioners.
SECTION 3. 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 4. This ordinance shall have two separate readings and shall become effective
upon summary publication pursuant to KRS Chapter 424.
__________________________
George Bray, Mayor
Attest:
_________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, September 8, 2026
Adopted by the Board of Commissioners, _____________________________________
Recorded by Lindsay Parish, City Clerk, ______________________________________
Published by the Paducah Sun, _________________________
\ord\plan\MOU and Residential Infill Agreement – Melody Lane – Chapman Property Development
Page 1 of 3
MEMORANDUM OF UNDERSTANDING
CITY OF PADUCAH, KENTUCKY (the “City” or
“City of Paducah”), a municipality of the second class, and CHAPMAN PROPERTY
DEVELOPMENT, LLC, a Kentucky corporation (the “Developer”).
WHEREAS, the Developer is the present owner of Vermont Street Apartments, as
recorded in Plat Sec N, Page 27 in the McCracken County Clerk’s office, located within the
corporate boundaries of the City of Paducah upon which Developer proposes to construct a multi-
family residential development (the “Property”); and
WHEREAS, the City of Paducah is charged with the responsibility of overseeing the
proper and orderly development of vacant properties located within its corporate boundaries and
of ensuring the integrity and quality of its existing residential neighborhoods and
WHEREAS, the City of Paducah’s economic well-being is related to and in many respects
is dependent upon, sustained growth of its population and tax revenue base through the
development of vacant properties and
WHEREAS, the Residential Development (as defined herein) will encourage the
development of multi-family housing on vacant, orphaned, or underutilized land located in the
mature portions of Paducah where infrastructure and services are in place and
WHEREAS, the Residential Development will encourage infill development that may
have been underutilized or blighted, helping to catalyze revitalization and
WHEREAS, the Residential Development will promote the health of the current public
school system through increased residential development within the existing City of Paducah
School System and
WHEREAS, the Residential Development will help maintain growth through infill
development, which encourages a healthy economy and
WHEREAS, the Residential Development will encourage infill residential development,
which will increase the population base of the City of Paducah, therefore increasing the
possibilities of becoming a designated urbanized area and
WHEREAS, to ensure that the Residential Development will positively impact the entire
community, the City and the Developer have reached certain agreements respecting the
construction and improvement of the public way known as Melody Lane and wish to reduce the
same to writing.
NOW, THEREFORE, in consideration of the foregoing premises, and for other value
consideration, the legal adequacy and sufficiency of which is hereby acknowledged by all parties
hereto, the parties do covenant and agree as follows:
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A. Developer agrees to the following:
B. City agrees to the following:
Exhibit A (the “Infill Agreement”) with the Developer.
C. Miscellaneous Provisions. The following miscellaneous provisions shall apply:
. Assignment. This Agreement shall be binding upon and shall inure to the benefit
of the parties hereto and their respective legal representatives, heirs, successors, and permitted
assigns. The Developer shall not assign its rights and obligations hereunder, in whole or in part,
Page 3 of 3
without the prior consent of the City, but in no event shall any assignment hereunder release or
relieve the Developer from any obligations of this Agreement for which the Developer shall remain
fully bound to City.
. Merger Clause. The parties agree and understand that this Agreement represents
the entire and exclusive agreement between the parties and that all prior representations, covenants,
warranties, understandings, and agreements are merged herein. This Agreement may only be
modified in writing and executed by all parties hereto.
Construction. This Agreement shall be governed and construed under the laws of
the Commonwealth of Kentucky.
. Assurances. The City and the Developer agree to execute such further documents
and instruments as necessary to fully implement the terms of this Agreement.
. Amendments. This Agreement may not be modified or amended except in writing
and signed by both parties.
6. Execution and Delivery. This Agreement shall be of no force or effect unless and
until it shall have been executed by both the City and the Developer and approved by the governing
body of the City of Paducah.
7. Time. All times referred to herein shall be strictly construed, as all of such times
shall be deemed of the essence.
CHAPMAN PROPERTY DEVELOPMENT, LLC CITY OF PADUCAH, KENTUCKY
VERMONT STREET APARTMENTS
THIS RESIDENTUAL INFILL AGREEMENT made and executed on this ____ day of ___________, 20__, by
and between the City of Paducah, Kentucky; a city of the second class, 300 South Fifth Street, P. 0. Box 2267,
Paducah, Kentucky 42002-2267 (hereinafter referred to as "City"), and Chapman property Development, LLC, a
Kentucky corporation (hereinafter referred to as "Developer").
WITNESSETH:
WHEREAS, the Board of Commissioners adopted Ordinance No. ____________ authorizing the approval
of a Memorandum of Understanding between Chapman Property Development, LLC as Developers and the City
of Paducah, which Memorandum of Understanding is dated _____________ (the “MOU”); and
WHEREAS, Developer is the owner of a tract of real property, consisting of 3.42 acres of real property,
which is located in McCracken County, Kentucky, a document describing real property is set forth in Site
Development Plan which is entitled, “Site Development Plan, Vermont Street Apartments for Chapman Property
Development, Inc., September 16, 2025, by Jason Goins, a Kentucky Professional Land Surveyor (P.L.S. No.
22038) is attached hereto; and
WHEREAS, Developer has completed all requirements in accordance with the City of Paducah approval
for the Developer’s development of said tract of property for development purposes per Paducah Code of
Ordinances, Chapter 126 Zoning and Chapter 50 Floods, which approval is evidenced by the signed Site
Development Plat; and
WHEREAS, Developer’s Development requires Developer to add improvements to the public
infrastructure; and
WHEREAS, Developer's Development is presently located in the incorporated area of Paducah,
McCracken County, Kentucky, and is suitable for urban development without unreasonable delay; and
WHEREAS, it would be beneficial to the Developer and Developer's Development, and the successor
owners of property located in Developer's Development, to enjoy municipal services from the City; and
WHEREAS, the City desires to provide municipal services to benefit Developer's Development, and the
landowners to be located therein, but requests Developer to construct, at Developer's cost, eligible public
infrastructure and improvements which are necessary for the provision of safe public transportation and
municipal services; and
WHEREAS, eligible public improvements may include without limitation the improvement to existing
transportation facilities owned and operated by the Kentucky Transportation Cabinet (hereinafter referred to as
“KYTC”); the construction or improvement to local streets, curbs, gutters, sidewalks and storm sewer conveying
systems (hereinafter referred to as “Eligible Public Improvements”) as depicted in Developer's Development,
which upon completion and acceptance by the appropriate governing body that may include without limitation
either or both the City and KYTC (hereinafter referred to as the “Government”) shall become the property of the
Government. The final approval and acceptance of the Eligible Public Improvements shall be determined by the
Government having jurisdictional authority over the Eligible Public Improvements’ construction, completion,
and acceptance; and
WHEREAS, for the reason that such Eligible Public Improvements will become the property of the
Government having jurisdictional authority over said improvements’ construction, completion, and acceptance,
the City is agreeable to reimbursing Developer for the cost and expenses ($72,950.00 per an Engineer’s Estimate
prepared by Jason Goins, P.E. and subsequently approved by the City Engineer) incurred by Developer to
construct Eligible Public Improvements within and/or depicted by the Developer's Development to the extent of
the total cost and expense of same, or the amount of ad valorem real property taxes realized by the City resulting
from the Developer’s Development for five (5) years beginning _______, 20___, through ______, 20____
(hereinafter referred to as “Period of Eligibility”) the lesser to apply.
Improvements. All requests for Reimbursement shall be filed with the City Engineer’s Office on or before
April 30 of any calendar year.
C. Request for Reimbursement. Any request for Reimbursement shall be in written form
bearing the Developer and Development name as described herein. Each request shall itemize the costs
and expenses incurred by the Developer that are eligible for Reimbursement. Such itemization shall first
describe the Eligible Public Improvement constructed, accompanied by the Developer’s supporting
construction documentation attached to each request that verifies the costs and expenses incurred by
the Developer for the construction of the Eligible Public Improvements for Reimbursement. The
Developer shall also provide the City Engineer with any other documentation requested by the City
Engineer which the City Engineer deems necessary or advisable in his review of the request. Each request
made by the Developer shall be verified under oath.
D. Review and Approval by the City Engineer. Upon submission of the written request, the
City Engineer shall evaluate the request and determine as to the eligibility of the Reimbursement. As
part of the evaluation, the City Engineer shall also determine that the Eligible Public Improvements were
constructed following the Developer's Development. In the event that the City Engineer determines that
the Eligible Public Improvements, or any part thereof, were not constructed in accordance with such
minimum Government standards, such determination shall render the Developer's request ineligible for
reimbursement. In making such a determination, the City Engineer shall provide a written description of
the deficiency or deficiencies. In such event, the Developer shall not have any further right to request
reimbursement under this Agreement until the noted deficiency or deficiencies are cured and remedied.
In making his evaluation, the City Engineer shall have the right to consult with the Developer and any
engineer, contractor, or subcontractor with whom the Developer is associated before or during the
construction of such Eligible Public Improvement.
E. Upon approval of eligibility of any Reimbursement for the Eligible Public Improvements.
The City Engineer shall make a written report evidencing such approval. The City Engineer shall state in
the written report the amount of the costs and expenses approved for reimbursement. If the City
Engineer rejects any cost or expense as set forth in the request, the City Engineer shall provide an
explanation in the written report for such rejection. Upon completion of the written report, the City
Engineer shall cause a copy of such written report to be delivered to the Developer and to the Finance
Department of the City of Paducah.
F. Reimbursement from Finance Department. Upon receipt of the written approval by the
City Engineer, the Finance Department shall determine the amount of ad valorem real property taxes
that were levied by the City for the City's sole benefit against the real property located in Developer's
Development and actually collected and received by the City for each year during the Period of Eligibility.
The Finance Department shall make payment to the Developer in an amount equal to such taxes actually
collected and received by the City specific to each of the City’s Fiscal Years within the Period of Eligibility,
subject, however, to the following conditions:
(1) The City shall have no obligation whatsoever to reimburse the Developer over
the total amount of the ad valorem real property taxes actually collected and received by the
City annually during the Period of Eligibility. If such total amount exceeds the total of eligible
Reimbursement, the City's obligation of Reimbursement shall terminate upon full payment of
such Reimbursement.
(2) Any taxes the City may collect for the benefit of others, such as the school board,
etc., shall not be deemed a part of the reimbursement herein.
(3) Only taxes received and collected by the City during the Period of Eligibility
following the effective date of this Agreement from levies against the Developer’s Development
shall be utilized in determining the Reimbursement described herein. Any taxes collected before
the Period of Eligibility shall not be included in such determination, regardless of the date of
assessment or levy, issuance of the tax bills, or in the event of any delinquency in payment.
4. Enforcement of Agreement. Each of the parties to this Agreement shall have the right to enforce
the terms of this Agreement. In the event of such enforcement, or in the event of any dispute between the
parties regarding the meaning or interpretation of any provision of this Agreement, all parties do hereby agree
to submit such action to the McCracken Circuit Court. Each party shall have all rights and remedies as provided
by law. In the event such action is filed with the McCracken Circuit Court, each party does hereby waive trial by
jury. It is agreed by and between the parties that the prevailing party in such action shall have the right to recover
its reasonable attorney's fees from the non-prevailing party as part of its costs of litigation.
5. Arbitration. Should any dispute arise between the parties, the parties will try to resolve the
dispute by negotiation. If the dispute has not been resolved by such negotiation, the parties will submit the
dispute for administered mediation. In the event a dispute cannot be resolved by mediation, the following
provisions shall apply:
A. As to any unresolved dispute, upon the written request of any party, the dispute shall
be submitted to an arbitrator to be selected by the parties. If the parties cannot agree within ten (10)
days after the receipt of written notice from the other party requesting it to do so. In that case, the
appointment shall be left to the American Arbitration Association.
B. Except as otherwise explicitly set forth herein, the arbitrator shall conduct the
arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration
Association. The arbitration shall take place in Paducah, Kentucky.
C. The decision in writing of the arbitrator, when filed with the parties hereto, shall be final
and binding on both parties. The arbitrator shall award the costs and expenses incurred by the prevailing
party against the non-prevailing party to such extent as determined by the arbitrator as just and
equitable. Judgment may be entered upon the final decision of the arbitrator in any court having
jurisdiction. Any party shall have the right to sue in court to enforce the arbitration award. In accepting
arbitration, the parties expressly waive trial by jury.
6. Miscellaneous Provisions. The following miscellaneous provisions shall apply:
A. Notices. All notices provided herein will be in writing and addressed to the parties at the
addresses referenced above.
B. Other Rights and Remedies. The duties and obligations imposed by this Agreement and
the rights and remedies available thereunder are in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.
C. Governing Law. This document shall, in all respects, be governed by the laws of the state
of Kentucky.
D. Entire Agreement. This Agreement expresses the complete agreement of the parties. It
supersedes all prior written or oral agreements or understandings between the City and the Developer
concerning the matters addressed herein. The making, execution, and delivery of this Agreement by the
parties hereto has not been induced by any representations, statements, warranties, or agreements
other than those expressly set forth herein.
E. Amendments. This Agreement may not be modified or amended unless both parties
agree and it is evidenced in writing and signed by both parties.
F. Time. All times referred herein shall be strictly construed, as all of such times shall be
deemed of the essence.
G. Counterparts. This Agreement may be executed simultaneously or in any number of
counterparts, each of which shall be deemed to be an original, but all of which together shall constitute
one and the same agreement.
H. Successors and Assigns. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective legal representatives, heirs, successors, and permitted
assigns. The Developer shall not assign his rights and obligations hereunder, in whole or in part, without
the prior consent of the City, but in no event shall any assignment hereunder release or relieve the
Developer from any obligations of this Agreement for which the Developer shall remain fully bound to
the City.
I. Effective Date of Agreement. This Agreement shall be effective on the date that the
mayor of the City of Paducah executes it and receives the approval of the city's governing body.
J. Assurances. The Developer agrees to execute such further documents and instruments
as are necessary to fully implement the terms of this Agreement.
CITY OF PADUCAH (DEVELOPER).
By: ____________________________ By: _____________________________
George P. Bray, Mayor, City of Paducah Jim Chapman, Member, Chapman Development, LLC
Date: __________________ Date: _________________
Agenda Action Form
Meeting Date: October 2, 2026
Short Title: Ad Valorem Property Tax Levies - FY2027 - A. KYLE
Category: Ordinance
Staff Work By: Audra Kyle, Stephanie Millay
Presentation By: Audra Kyle
Background Information: Real estate and personal property tax levies for the City's General Fund and
Paducah Junior College (PJC) are proposed to be set as per the attached ordinance.
The City's General Fund real estate tax levy is proposed to be $.253 per $100 assessed value (AV), which is the
compensating rate. This is a decrease from the prior year's rate of $.271 per $100 AV.
The City's General Fund personal tax levy is proposed to be $.340 per $100 AV, which is the compensating
rate. This is a decrease from the prior year's rate of $.356 per $100 AV.
The PJC real estate and personal tax levies are both proposed to be $.014 per $100 AV, which is the
compensating rate. These are equal to the prior year's rates.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority: Commission Priorities List
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: Adopt the proposed 2026-2027 (FY2027) real estate and personal ad valorem tax
levies as proposed.
Attachments:
1. Ordinance - Tax Rates FY2027
Https://Paducahky-My.Sharepoint.Com/Personal/Cmeeks_Paducahky_Gov/Documents/Documents/Ordinance - Tax Rates FY2027.Docx
ORDINANCE NO. 2026-_____-_______________
AN ORDINANCE SETTING THE LEVIES AND RATES OF TAXATION ON
ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY, SUBJECT TO
TAXATION FOR MUNICIPAL PURPOSES FOR THE PERIOD FROM JULY 1,
2026, THROUGH JUNE 30, 2027, WITH THE PURPOSES OF SAID TAXES
HEREUNDER DEFINED
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. There is hereby levied for the period from July 1, 2026, through
June 30, 2027, upon all taxable real property within the City of Paducah, Kentucky, subject to
taxation for municipal purposes, an ad valorem tax of twenty five and 3/10 cents ($.253) upon
each one hundred dollars ($100.00) assessed valuation of said property, pursuant to Section 157
of the State Constitution, to defray the cost of maintaining and administering the government of
the City of Paducah, Kentucky, for said period, exclusive of the levies hereinafter mentioned and
defined, and the proceeds of said tax levy shall be paid into the General Fund of the City.
SECTION 2. There is hereby levied for the period from July 1, 2026, through
June 30, 2027, upon all taxable personal property, except for inventory, within the City of
Paducah, Kentucky, subject to taxation for municipal purposes, an ad valorem tax of thirty four
and 0/10 cents ($0.340) upon each one hundred dollars ($100.00) assessed valuation of said
property, pursuant to Section 157 of the State Constitution, to defray the cost of maintaining and
administering the government of the City of Paducah, Kentucky, for said period, exclusive of
levies hereinafter mentioned and defined, and the proceeds of said tax levy shall be paid into the
General Fund of the City.
SECTION 3. There is hereby further levied an ad valorem tax of thirty nine and
0/10 cents ($0.390) on each one hundred dollars ($100.00) of assessed valuation of all motor
vehicles and watercraft property subject to taxation for municipal purposes in said City for the
period from July 1, 2026, through June 30, 2027, pursuant to Section 157 of the State
Constitution, to defray the cost of maintaining and administering the government of the City of
Paducah, Kentucky, for said period, exclusive of the levies hereinafter mentioned and defined,
and the proceeds of said tax levy shall be paid into the General Fund of the City.
SECTION 4. All taxes levied by Sections 1, 2 and 3 of this ordinance are
necessary and required in order to provide revenue to meet the requirements of the budget
ordinance adopted by the Board of Commissioners, and the proceeds of such tax levies and all
other revenue of the City not specifically allocated to other purposes shall be deposited into the
General Fund of the City to be expended as provided in the budget ordinance for the period from
July 1, 2026, through June 30, 2027.
SECTION 5. There is hereby further levied an ad valorem tax of one and 4/10
cents ($0.014) on each one hundred dollars ($100.00) of assessed valuation of all real property
subject to taxation for municipal purposes in said City for the period from July 1, 2026, through
June 30, 2027, for the purpose of aiding, assisting and maintaining Paducah Junior College,
which tax shall be and the same is hereby declared to be a tax for municipal purposes.
SECTION 6. There is hereby further levied an ad valorem tax of one and 4/10
cents ($0.014) on each one hundred dollars ($100.00) of assessed valuation of all personal
property subject to taxation, except for inventory, for municipal purposes in said City for the
period from July 1, 2026, through June 30, 2027, for the purpose of aiding, assisting and
maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a
tax for municipal purposes.
SECTION 7. There is hereby further levied an ad valorem tax of three and 1/10
cents ($0.031) on each one hundred dollars ($100.00) of assessed valuation of all motor vehicles
and watercraft property subject to taxation for municipal purposes in said City for the period
from July 1, 2026, through June 30, 2027, for the purpose of aiding, assisting and maintaining
Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for
municipal purposes.
SECTION 8. The taxes levied under this ordinance are summarized as follows:
Purpose Rate per $100
GENERAL FUND OF THE CITY:
Real Property $0.253
Personal Property (except inventory) $0.340
Motor Vehicles and Watercraft $0.390
PADUCAH JUNIOR COLLEGE:
Real Estate $0.014
Personal Property (except inventory) $0.014
Motor Vehicles and Watercraft $0.031
SECTION 9. Property taxes levied herein shall be due and payable in the
following manner:
(1) In the case of tax bills which reflect an amount due of less than Two
Thousand Dollars ($2,000.00), the payment shall be due on November 1,
2026, and shall be payable without penalty and interest until November
30, 2026.
(2) In the case of all other tax bills, payment shall be in accordance with the
following provisions:
(a) The first half payment shall be due on November 1, 2026, and shall be
payable without penalty and interest until November 30, 2026.
(b) The second half payment shall be due on February 1, 2027, and shall
be payable without penalty and interest until March 1, 2027.
SECTION 10. The provisions of this ordinance are severable. If any provision,
section, paragraph, sentence or part thereof shall be held unconstitutional or invalid, such
decision shall not affect or impair the remainder of this ordinance, it being the legislative intent
to ordain and enact each provision, section, paragraph, sentence and part thereof separately and
independent of each other.
SECTION 11. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
______________________________
George Bray, Mayor
ATTEST:
____________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners September 8, 2026
Adopted by the Board of Commissioners, October 2, 2026
Recorded by Lindsay Parish, City Clerk, October 2, 2026
Published by The Paducah Sun, ____________________________
Ord\Finance\Tax Rate FY2026
Agenda Action Form
Meeting Date: October 2, 2026
Short Title: Amend Multiple Chapters of the Paducah Code of Ordinances to Create the Department of
Community Development - C. GAULT
Category: Ordinance
Staff Work By: Lindsay Parish, Carol Gault, Steve
Kyle, Michelle Smolen
Presentation By: Carol Gault
Background Information: The proposed ordinance amends the City of Paducah Code of Ordinances to
create the Department of Community Development and update related departmental references throughout the
Code. The purpose of the reorganization is to improve coordination, efficiency, and service delivery for
residents, businesses, property owners, and applicants.The ordinance amends Chapters 2, 18, 34, 42, 46, 54, 82,
102, 106, and 126 of the Code.
The Department of Community Development will coordinate planning, development services, permitting,
building inspection, electrical inspection, code enforcement, rental occupancy, and related functions. The
ordinance also clarifies the roles and responsibilities of the Building Division, Fire Prevention Division, and
other City departments involved in development review, permitting, inspection, and enforcement.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Quality Housing, Rental Property Occupancy Permitting,
Southside Revitalization
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: Approval.
Attachments:
1. Ord - Department of Community Development Reorganization
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ORDINANCE NO. 2026-____-________
the City desires to reorganize certain development-related functions to
improve coordination, efficiency, and service delivery for residents, businesses, property owners,
and applicants; and
the City desires to create the Department of Community Development to
coordinate planning, development services, permitting, building inspection, electrical inspection,
code enforcement, rental occupancy, and related functions; and
the City desires to update the Code of Ordinances to reflect the new
departmental structure and to replace references to the Department of Planning, Planning
Director, and related titles with the appropriate Community Development terminology; and
the City further desires to clarify the roles and responsibilities of the
Building Division, Fire Prevention Division, and other City departments involved in
development review, permitting, inspection, and enforcement.
Section 1. CHAPTER 2 AMENDMENT. That Chapter 2, Administration, of the Code
of Ordinances, of the City of Paducah, Kentucky, is hereby amended as follows:
The following departments of the City are hereby established under the direction and
supervision of the City Manager:
(1) Administration.
(2) Finance.
(3) Human Resources.
(4) Police.
(5) Fire.
(6) Public Works.
(7) Engineering.
(8) Parks and Recreation.
(9) Planning. Department of Community Development.
(10) Technology.
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(11) City Clerk.
(12) Customer Experience.
Sec. 2-301. Chief.
The Chief of the Fire Department shall be the director and active executive head of the
Department and all employees shall be subject to the Chief's supervision and control, but during
the Chief's absence from the City or inability to perform the duties of office, the Deputy Chief,
Assistant Chief, or Battalion Chief of the Fire Department shall have supervision and control of
the Department.
Sec. 2-301.5. Administer and implement duties.
The Chief of the Fire Department shall have the responsibility for administering and
implementing duties associated with the divisions of administration, suppression, fire prevention,
and training.
Sec. 2-591. Designated officials.
(a) The City does hereby empower the individuals who serve in the hereinafter referenced
positions to act in the position of Citation Officers and to have such authority and power as
provided in KRS 83A.087.
(b) The positions which are hereby accorded with the authority of Citation Officer are as
follows:
(1) Fire Chief.
(2) Fire Marshal.
(3) Deputy Fire Marshal.
(4) Chief Building and Electrical Inspector.
(5) Assistant Director of the Building Division
(5)(6) Deputy Building Inspector.
(6)(7) Deputy Electrical Inspector.
(7)(8) Any person who is certified for Building or Electrical Inspection.
(8)(9) Code Enforcement Officer.
(9)(10) Parking Control Specialist.
(10)(11) City Engineer.
(11)(12) Stormwater and Drainage Engineer.
Sec. 2-316. Fire Prevention Division
There is hereby created a division of the Fire Department headed by the Fire Chief to be known
as the Fire Prevention Division. The Fire Prevention Division shall have the responsibility for
fire prevention under chapter 46 along with such other duties, functions, and responsibilities as
may be delegated by the Fire Chief.
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SECTION 2. CHAPTER 18 AMENDMENT. That Chapter 18, Buildings and Building
Regulations, of the Code of Ordinances, of the City of Paducah, Kentucky, is hereby amended as
follows:
Sec. 18-1. Fire Prevention Division. Building Division.
Secs. 18-2, 18-3. Reserved.
Sec. 18-4. Stockyards.
(a) The Fire Prevention Building Division shall not issue any building permit for the erection of
any stockyard within the City limits, unless the plans for the construction of the same have
been submitted to and approved by the Board of Commissioners.
(b) Any structure constructed under the provisions of any building permit issued under
authority granted by the Board of Commissioners pursuant to subsection (a) of this section
shall not be considered, deemed or declared to be a nuisance except by order or judgment of
a court of competent jurisdiction.
Sec. 18-5. Occupancy of uninhabitable buildings; termination of utility service.
(a) In the event the Fire Chief or designee shall issue a notice of violation together with an
order to vacate against any building or structure, any resident or occupant thereof shall
immediately vacate such building or structure in conformance with the order to vacate, and
no resident or occupant shall thereafter occupy such building or structure until such time
that the order to vacate has been rescinded. Additionally, in such event, the Fire Chief or
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designee shall have the authority to issue an order to disconnect all utilities (gas, water,
power, sewer, telephone, cable) and, upon receipt of such order, the utility company shall
disconnect service to the building or structure. Such service shall remain disconnected for
so long as the order to vacate remains in force and effect.
(b) It shall be unlawful for any person to occupy a building or structure which is subject to an
order to vacate. In the event any person continues to occupy a building or structure which is
subject to an order to vacate, the Fire Chief or designee is authorized to obtain a court order
which shall order the forceful removal of such occupant from such building or structure.
(c) It shall be unlawful for any owner of a building or structure to knowingly permit any person
to occupy a building or structure which is subject to an order to vacate. Additionally, such
owner shall also secure the building or structure so as to prevent any unauthorized person
from occupying the building or structure.
Secs. 18-6—18-30. Reserved.
ARTICLE III. PERMITS AND FEES1
Sec. 18-61. Issuance of permits; permit fees.
(a) The Building and/or Electrical Inspector shall, upon their approval of plans and
specifications for buildings and structures and components therein, in accordance with the
provisions of the building codes adopted by this chapter and all laws and ordinances relating
to the same subject matter, issue a permit required by said building codes to the applicant
therefor upon the payment to the City of the fees set forth in subsections (e) and (g) of this
section based upon the value of construction, alteration or repair of the building or structure,
as determined with building valuation data, less the contract price of the electrical contract
as determined in subsection (b) of this section and, less the contract price of the HVAC
contract as determined by subsection (c) of this section.
(b) For making electrical inspections as provided in this article, there shall be a charge for
electrical contractors, where the contract price can be determined and verified or based upon
the value of construction, alteration or repair, as set forth in subsection (f) of this section.
(c) For making HVAC inspections as provided in this chapter, there shall be a charge for
HVAC contractors, based upon the value of initial installation, alteration, replacement and
repairs as set forth by the Department of Housing Building and Construction, HVAC
division.
(d) The Fire Prevention Building Division shall issue permits for the demolition, wrecking,
razing or moving of buildings or other structures, as required by the codes adopted by the
City, when the applicant therefor has complied with provisions of the codes adopted by the
City and adopted by this Code and all laws and ordinances relating to the same subject
matter, and has paid to the City a fee of $50.00 for one- and two-family dwellings and
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$100.00 for all other uses. All demolition permits shall expire at the end of sixty (60) days.
All applicants for a demolition permit shall provide the Fire Prevention Building Division a
site at which all nonsalvageable materials will be dumped. A certificate of liability
insurance in the minimum amount of $100,000.00 combined single limit for personal injury
and property damage shall be required when the building being demolished is within five
(5) feet of any building owned by another person. All demolitions shall include all material
above and below grade, covered with dirt, seeded and fertilized, except as hereinafter
provided. If the slab is touching a party wall, the owner may, instead of removing the slab,
provide a solid screening barrier of appropriate size approved by the Fire Prevention
Building Division, along the portions of the property adjoining rights-of-way. A sewer
disconnect permit shall be obtained from the Paducah McCracken County Joint Sewer
Agency to cap or plug all sewer connections. All sewer connections related to a permitted
demolition shall be properly plugged and inspected by the Fire Prevention Building
Division prior to abandonment.
(e) Building permit fees for new construction and additions subject to minimum or flat fees
below:
(1) If the value is less than $35,000.00, the fee shall be $150.00.
(2) If the value is more than $35,000.00, the fee shall be $150.00 for the first $35,000.00,
plus $4.00 for each additional $1,000.00 or fractional part thereof, up to and including
$100,000.00.
(3) If the value is more than $100,000.00, up to and including $500,000.00, the fee shall be
$410.00 plus $3.00 for each additional $1,000.00, up to and including $500,000.00.
(4) If the value is more than $500,000.00, up to and including $10,000,000.00, the fee
shall be $1,610.00 plus $1.00 for each $1,000.00, up to and including $10,000,000.00.
(5) If the value is more than $10,000.000.00, the fee shall be $11,110.00 plus $0.50 for
each $1,000.00 thereafter.
One- and Two-Family Residential Building Flat/Minimum Permit Fee Schedule
Work Flat Fee Minimum Fee
Accessory buildings $60.00
Swimming pool $75.00
Fence $60.00
Mechanical (venting, gas lines, exhaust,
other)
$60.00
Renovations/repairs $60.00 (g)
Residential generator (fuel gas) $75.00
Decks/patios/skirt walls $60.00 (g)
Miscellaneous Permit Fee Schedule
Work Flat Fee Minimum Fee
Tents/canopy/stand $60.00
Kiosk $60.00 (g)
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Property maintenance $60.00
Signs $60.00 (g)
Other commercial
(remodels, repairs and work not
specifically referenced)
$60.00 (g)
(f) Electrical permit fees subject to minimum or flat fees below:
(1) If the value is less than $23,000.00, the fee shall be $100.00.
(2) If the value is more than $23,000.00, the fee shall be $100.00 for the first $23,000.00,
plus $4.00 for each additional $1,000.00 or fractional part thereof, up to and including
$100,000.00.
(3) If the value is more than $100,000.00, up to and including $500,000.00, the fee shall be
$408.00 plus $3.00 for each additional $1,000.00, up to and including $500,000.00.
(4) If the value is more than $500,000.00, up to and including $10,000,000.00, the fee
shall be $1,608.00 plus $1.00 for each $1,000.00, up to and including $10,000,000.00.
(5) If the value is more than $10,000.000.00, the fee shall be $11,108.00 plus $0.50 for
each $1,000.00 thereafter.
Miscellaneous Electrical Permit Fee Schedule
Work Flat Fee Minimum Fee
Residential accessory buildings $60.00 (g)
Residential partial rewire/service
upgrade/repairs
$60.00 (g)
Residential temporary
services/manufactured home service
$60.00 (g)
Residential generator $75.00
Residential pool/hot tub $60.00
Property maintenance (with rewire) $100.00
Property maintenance (without rewire) $60.00
Tents/canopy/stand $60.00 (g)
Electric for sign $60.00 (g)
Railroad/utility services/kiosk $60.00 (g)
(g) Miscellaneous permit fees with $60.00 minimum:
(1) If the value is less than $13,000.00, the fee shall be $60.00.
(2) If the value is more than $13,000.00, the fee shall be $60.00 for the first $13,000.00,
plus $4.00 for each additional $1,000.00 or fractional part thereof, up to and including
$100,000.00.
(3) If the value is more than $100,000.00, up to and including $500,000.00, the fee shall be
$408.00 plus $3.00 for each additional $1,000.00, up to and including $500,000.00.
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(4) If the value is more than $500,000.00, up to and including $10,000,000.00, the fee
shall be $1,608.00 plus $1.00 for each $1,000.00, up to and including $10,000,000.00.
(5) If the value is more than $10,000.000.00, the fee shall be $11,108.00 plus $0.50 for
each $1,000.00 thereafter.
(h) Other fees:
(1) For each additional inspection trip required to be made due to permittee's failure to
comply with all codes and standards of safety, each trip: $25.00.
(2) For all work performed on Sundays, holidays and after regular working hours, at the
request of the permittee, all fees heretofore numerated shall be doubled.
(3) The Fire Chief Director of Community Development or designee is hereby authorized
to and shall have the responsibility for setting a reasonable inspection fee for any
wiring, device, apparatus, appliance or equipment which is not specifically covered
herein.
(i) In the event that any construction, razing or moving of any building or structure is
commenced before a permit is issued for the same by the Fire Prevention Building
Division, a penalty shall be charged for the issuance of a permit in addition to the regular
fee, as required by the Kentucky Building and Residential Code.
Sec. 18-63. Occupancy inspection fees.
The Fire Prevention Building Division shall provide inspections for compliance with the
Kentucky Building Code and the Kentucky Residential Code adopted by the City, and, whenever
the inspections are made for issuing a certificate of occupancy or compliance, whether for new or
old construction, except new construction in which compliance with plans and specifications
only is sought for which other fees are to be paid, the Inspector shall collect a fee of $100.00 for
inspection of buildings or any part thereof, for the inspection and certificate.
Sec. 18-64. Liability insurance required for house moving.
(a) Any person applying for a permit to use the streets, alleys and other public ways of the City
for the purpose of moving buildings or other structures thereon, which permit is required by
the building code, shall obtain and file with the Fire Prevention Building Division, and
continue to keep in force until they have furnished the Fire Prevention Building Division
with certification in writing that such moving work has been completed, a liability insurance
policy conditioned for the benefit of persons suffering injury, loss or damage to their
persons or property resulting from any negligence in connection with the use of the streets,
alleys and other public ways for the purpose of moving buildings or other structures
thereon, or as a result of the negligence of the City, its officers, agents or employees, and
such policy shall protect the City against any liability which may be imposed by law upon it
by reason of the use of the streets, alleys or other public ways for that purpose. Such policy
shall be in the sum of not less than $100,000.00 for the injury or death of any one (1)
person, not less than $300,000.00 for the injury or death of all persons affected by any one
(1) accident, and not less than $50,000.00 for the benefit of any person who may suffer
property damage in any one (1) accident resulting from the use of streets, alleys and other
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public ways for the purpose of moving buildings or other structures thereon. The policy of
insurance shall, as to the form thereof and the solvency of the insurance company is subject
to the approval of the Fire Prevention Building Division. The Deputy Chief/Fire Marshal of
the Fire Prevention Division Director of the Department of Community Development or
their designee is authorized and empowered to surrender for cancellation such liability
policy after the Deputy Chief/Fire Marshal has it is determined that the moving of the
building or other structure for which the permit is granted has been completed.
(b) In addition to the above mentioned insurance, no permit to use the streets, alleys and public
ways of the City for the purpose of moving buildings or other structures thereon will be
issued until the applicant provides a bond on an insurance company licensed to do business
in the State, in favor of the City, protecting the City from damage to the streets, alleys and
other public ways including, but not limited to, traffic-control devices, in the penal sum of
$100,000.00.
Sec. 18-65. Collection and disposition of fees.
It shall be the duty of the Fire Prevention Building Division to collect the fees prescribed in
this chapter and to promptly remit to the Finance Director the amounts so collected, and the
amount of such fees shall be paid into and become a part of the general fund.
Secs. 18-66—18-89. Reserved.
ARTICLE IV. ELECTRICAL WORK
Sec. 18-90. Chief Electrical Inspector and Deputy Electrical Inspector.
(a) The Chief Electrical Inspector, who shall be an inspector certified by the Department of
Housing, Buildings and Construction, shall administer and enforce all of the provisions of
the National Electrical Code incorporated in the Kentucky Building Code adopted by
section 18-31 and the Chief Electrical Inspector shall further enforce all rules and
regulations of the power company servicing the City pertaining to the installation of
electrical services.
(b) In the event of the Chief Electrical Inspector's absence from the City or inability to serve,
the Fire Chief Director of the Department of Community Development shall designate and
appoint another employee, who shall be an electrical inspector certified by the Department
of Housing, Buildings and Construction, of the City to act as Interim Chief Electrical
Inspector during Chief Electrical Inspector's absence or disability, and such Interim Chief
Electrical Inspector, in such event, shall have the same powers and perform the same duties
as the Chief Electrical Inspector. The Department of Housing, Buildings and Construction
shall be notified of a designation of Interim Chief Electrical Inspector within ten (10) days
of appointment/designation.
(c) They shall receive applications for electrical permits required by the electrical code, issue
such permits and furnish the prescribed certificates. They shall examine premises for which
permits have been issued and make certain all inspections are prosecuted safely.
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(d) The Electrical Inspectors shall be generally informed on the quality of materials, on the
prevailing methods of electrical wiring, and on good practice in fire prevention. They shall
be in good health, physically capable of making the necessary examinations and inspections
of buildings in course of construction. They shall not have any interest whatever, directly or
indirectly, in the sale or manufacture of any material, process or device entering into or used
in or in connection with building construction.
Sec. 18-91. Reserved.
Sec. 18-92. Inspection and approval of new installations.
It shall be unlawful for any person to conceal electrical wiring until after such wiring has
been inspected by the Electrical Inspector and a certificate of approval issued. It shall be
unlawful for any electric light or power company to connect with or furnish current to any
electrical installation within the corporate limits of the City until such electrical installation has
been inspected and a certificate of approval and acceptance issued.
Sec. 18-93. Disconnection of service because of defects in wiring.
(a) Authority to order disconnection.
(1) The Electrical Inspector of the City is hereby empowered to order a discontinuance of
electrical power to any building or structure within the City when the wiring or any
portion thereof is found to be in violation of the Kentucky Building Code when said
violations constitute an immediate hazard to life or property.
(2) The Electrical Inspector shall serve on the electrical power company a written order
stating the address and location to which the power is to be discontinued, and the
power shall not be reconnected until approved by the Electrical Inspector.
(b) Appeals.
(1) Any party aggrieved hereby may appeal the decision of the Electrical Inspector to the
Building, Electrical and Fire Codes Appeals Board within twenty-four (24) hours of
the receipt of written notification of the intention to discontinue electrical service.
(2) The Building, Electrical and Fire Codes Appeals Board shall meet within twenty-four
(24) hours, excluding Saturdays and Sundays, after receipt of a written appeal. The
Building, Electrical and Fire Codes Appeals Board shall make a decision, upholding
the decision of the Building and Electrical Inspector or overruling the Building and
Electrical Inspector, within twenty-four (24) hours. Either party may appeal the
decision of the Building, Electrical and Fire Codes Appeals Board to the Kentucky
Board of Housing, Building and Construction. The electrical power company shall not
discontinue service until all appeals are exhausted.
(c) Reconnection. In the event electric service has been disconnected or discontinued in any
building or structure because of any defects therein necessitating a rewiring of such building
or structure or the replacing of any material part of the wiring therein, a certificate of
inspection shall be secured from the Electrical Inspector before service is reconnected, but
no inspection shall be required nor any certificate of inspection secured in any case where
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the removal of a meter has resulted from the voluntary discontinuance of service or change
of tenants or occupants in a building where the wiring therein has not thereafter been
replaced or renewed.
Secs. 18-94—18-120. Reserved.
ARTICLE V. ADMINISTRATION AND ENFORCEMENT
Sec. 18-121. Chief Building Inspector and Deputy Building Inspectors.
(a) The Chief Building Inspector, who shall be certified by the Department of Housing,
Buildings, and Construction, shall be charged with the duty of administering and enforcing
the building code and the standards of safety adopted by this chapter, as well as the
provisions of all laws and ordinances relating to the erection, construction, alteration,
addition to, repair of, inspection, moving and safety of buildings, structures, signs, fire
escapes and other protective devices, and shall pass upon all questions relating to the
strength and durability of buildings, structures and materials, and shall examine and approve
all plans and specifications therefor before any required permit shall be issued.
(b) They shall receive applications for building permits required by KRS 198B.060, issue such
permits and furnish the prescribed certificates. They shall examine premises for which
permits have been issued and make all inspections necessary to see that the provisions of
law are complied with and that construction is prosecuted safely.
(c) The Building Inspectors shall be generally informed on the quality and strength of building
materials, on the prevailing methods of building construction, on good practice in fire
prevention, and on the accepted requirements for safe exit facilities. They shall not have any
interest whatever, directly or indirectly, in the sale or manufacture of any material, process
or device entering into or used in or in connection with building construction.
(d) In the event of the Chief Building Inspector's absence from the City or inability to serve, the
Fire Chief Director of Community Development shall designate and appoint another
employee of the City to act as Interim Chief Building Inspector during the Chief Building
Inspector's absence or disability, and such Interim Chief Building Inspector, in such event,
shall have the same powers and perform the same duties as the Chief Building Inspector.
Sec. 18-122. Reserved.
Sec. 18-123. Building, Electrical and Fire Codes Appeals Board.
(a) Established. There is hereby established and created a Building, Electrical and Fire Codes
Appeals Board of the City.
(b) Purpose. The purpose of said Appeals Board is to hear appeals of the decisions of the
Inspectors of the Building Division and the officials in the Fire Prevention Division.
(c) Membership. The Appeals Board shall consist of seven (7) members, four (4) of whom shall
be technically qualified persons with professional experience related to the building industry
and shall be familiar with the Kentucky Building Code, two (2) of whom shall be persons in
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the electrical trade knowledgeable with the applicable electrical code, and one (1) utility
company official. The members of the Appeals Board shall be appointed by the Mayor,
subject to approval of the Board of Commissioners.
(d) Term of office; vacancies; compensation of members.
(1) Three (3) members shall be appointed for a term of three (3) years or until their
successors are appointed and qualified.
(2) Vacancies shall be filled in the same manner as original appointments are made.
(3) All voting members of the Board shall receive compensation. The Chairperson shall
receive $100.00 per meeting attended. All other voting members shall receive $75.00
per meeting attended. For the purpose of this section, the Building, Electrical, and Fire
Codes Appeals Board will be exempt from occupational taxes. Any member of the
Board may voluntarily decline all or part of such compensation or reimbursement, for
any reason, by providing written notice to the appropriate official. Such waiver may be
prospective or retroactive, may be for a specified period or indefinite, and may be
revoked at any time by written notice. A waiver under this section shall not affect the
member's status, rights, or duties on the Board. City staff members serving on or
assisting the Board in an official capacity shall not receive compensation or
reimbursement for attendance at Board meetings.
(e) A majority of the members of the Appeals Board shall constitute a quorum for all purposes.
A decision reached by a majority of the Appeals Board members present at a properly called
meeting shall constitute a decision of the entire Board.
(f) No local building official or employee of the City shall be appointed to the Appeals Board.
No member of the Appeals Board shall hear an appeal in a case in which such member has a
financial interest.
(g) Any party to a decision by the a Building or Electrical Inspector, or the Fire Prevention
Division may appeal that decision to the Appeals Board. Upon receipt of an appeal from a
qualified party, the Appeals Board shall convene a hearing to consider the appeal within
fifteen (15) days of receipt of the appeal. All parties to the appeal shall be notified of the
time and place of the hearing by letter mailed by certified mail, no later than ten (10) days
prior to the date of hearing. The Appeals Board shall render a decision within five working
days after the hearing. The Appeals Board may uphold, amend or reverse the decision of the
a Building or Electrical Inspector, or the Fire Prevention Division and there shall be no
appeal from the decision of the Appeals Board other than by appeal to the Kentucky Board
of Housing, Buildings, and Construction.
Sec. 18-124. Reserved.
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Sec. 18-125. Violations.
Whenever an Inspector within the Building Division or official from the Fire Prevention
Division has reasonable cause to believe that any person has violated any provision of this
chapter or of any code or standards adopted by this chapter, or of any law or ordinance relating
to the construction or wrecking of any building or structure, it shall be such Inspector's duty to
cause a warrant to be issued against such person and it shall be the Inspector's duty to render all
possible assistance in the prosecution of such charges.
(a) In accordance with KRS 198B.990, any person who violates any provision of this chapter or
the Uniform State Building Code, or any directive or order issued pursuant thereto, shall be
guilty of a civil offense and shall be fined not less than $10.00 or more than $1,000.00. Each
day the violation continues shall constitute a separate offense.
(b) Any person who shall violate any provision of this chapter, other than violations of the
building code, for which no other penalty is provided, shall be fined not less than $25.00,
nor more than $250.00, or imprisoned for not more than ninety (90) days, or both.
(c) Any person violating section 8-3 shall be fined not less than $50.00 and no more than
$250.00 for each offense, and each day's violation shall constitute a separate and distinct
offense.
That Chapter 34, Community Planning and
Development, of the Code of Ordinances, of the City of Paducah, Kentucky, is hereby amended
as follows:
ARTICLE I. IN GENERAL
Sec. 34-1. Penalty.
Any person who violates any provision of this chapter, or any directive or order issued
pursuant thereto, shall be guilty of a civil offense and shall be fined not less than $10.00 nor
more than $1,000.00. Each day the violation continues shall constitute a separate offense.
(Code 1968, § 7-4.1; Code 1996, § 151.99; Code 1997, § 34-1; Ord. No. 80-3-1873, 3-11-1980)
State law reference(s)—Penalty for ordinance violations, KRS 83A.065.
Secs. 34-2—34-30. Reserved.
ARTICLE II. DEPARTMENT OF PLANNING COMMUNITY DEVELOPMENT
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Sec. 34-31. Established.
There is hereby created a Department of Planning Community Development for the City.
The Department of Community Development shall consist of the Planning Division and the
Building Division, together with such other programs, functions, and personnel as may be
assigned to the Department by the City Manager.
Sec. 34-32. Duties.
(a) The Department of Planning Community Development shall have responsibility for:
(1) Coordination of the City's workable overall community development program;
(2) Coordination and administration of federally assisted projects pertaining to planning,
community development grants administration and housing;
(3) Coordination of interdepartmental review of development projects, including
communication among City departments, outside agencies, applicants, and other
parties involved in planning, zoning, permitting, inspections, infrastructure, utilities,
building, and code compliance matters;
(4) Administration and enforcement of building, electrical, property maintenance,
nuisance, rental occupancy, zoning and other applicable codes and ordinances assigned
to the Department;
(5) Such other duties, functions and responsibilities as may be later delegated by the City
Manager.
(b) The Department shall be under the management of the Director of Planning Community
Development and will direct the functions and supervise the personnel of such
subdepartments as community development, grants administration, development services,
building inspection, electrical inspection, code enforcement, rental occupancy, housing, and
planning.
Sec. 34-33. Director.
There is hereby created the position of Director of the Planning Department of Community
Development, who shall be the head of the Department. The Director shall be appointed by the
Board of Commissioners and shall be under the direction of and responsible to the City Manager.
Secs. 34-34—34-50. Reserved.
ARTICLE III. RESERVED
Secs. 34-51—34-70. Reserved.
ARTICLE IV. HISTORIC BUILDINGS
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Sec. 34-71. Purpose and intent.
It is the intent of this article to regulate the demolition of buildings in areas listed on the
National Register of Historic Places and other structures which are considered significant to the
stabilization of historic districts and which are hereinafter identified. This article is intended to
protect against demolition of structures and premises designated to be of substantial historical
and/or architectural significance or to be considered significant to the stabilization of historic
districts unless substantial economic development and redevelopment would be impeded.
Sec. 34-72. Certificate of Demolition required for redevelopment of historic properties and
redevelopment in historic areas including structures considered significant to the
stabilization of historic districts.
The Fire Prevention Building Division shall not issue a demolition permit for any structure
designated in either section 34-80 or 34-81 until a Certificate of Demolition has been approved
by a committee (hereinafter referred to as "Committee") consisting of the Director of Planning
Community Development, the Chief Building Inspector and the Chairperson of the Historical
and Architectural Review Commission. (HARC). Any action by the Committee may be appealed
by an interested party to the Board of Commissioners.
Sec. 34-73. Failure to obtain or comply with Certificate of Demolition; stop work orders.
(a) In the event that the Committee finds that demolition work is being performed without the
required certificate of demolition, the Committee shall ask the Fire Prevention Division to
Building Division shall issue a stop work order. The Building Division may cite violators to
the District Court.
(b) In the event work is performed which is not in accordance with the Certificate of
Demolition, the Fire Prevention Division shall issue a stop work order, and the Fire
Prevention Division may cite violators to the District Court.
(c) Upon issuance of a stop work order all work shall cease on the designated property. No
additional work shall be undertaken as long as the stop work order continues in effect. The
City may, in addition to other available remedies, apply to the Circuit Court for an
injunction to enforce the stop work order.
Sec. 34-74. Application for Certificate of Demolition.
(a) Each application for a Certificate of Demolition submitted to the Director of Planning
Community Development shall contain the applicant's plans for redevelopment on the
property and shall provide drawings of the proposed improvements, and photographs of
existing buildings or structures and adjacent properties.
(b) The Committee shall make a decision on the application within thirty (30) days after the
completed application is received by the Director of Planning Community Development.
The decision shall be in writing, setting forth the reasons for approving or denying the
Certificate of Demolition.
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Sec. 34-75. Guidelines for issuance of Certificate of Demolition.
In making a decision on an application for the demolition of a building listed in section 34-
80 or 34-81, the Committee shall use the following general guidelines and the guidelines adopted
for landmark and historic districts contained in the zoning chapter of the City (section 126-115).
The Committee shall consider:
(1) The effect of proposed demolition on the location for which that demolition is
requested.
(2) Relationship between the demolition and other structures in the landmark site, historic
district, or other structures considered significant to the stabilization of historic
districts. In evaluating the effect and relationship, the Committee shall consider
historical and architectural significance, architectural style, design, and arrangement.
The Certificate from the Committee shall not relieve the property owner from
complying with the requirements of other State and local laws and regulations.
(3) The development plan of the owner and the effect of the development on the City or
area of the City in which the property is located.
Sec. 34-76. Appeal from decision of Committee.
(a) Any interested party may appeal the decision of the Committee to the Board of
Commissioners within fifteen (15) days by filing a notice with the Director of Planning
Community Development and the City Clerk. The Board of Commissioners shall review,
approve or disapprove the decision of the Committee within sixty (60) days.
(b) The Board of Commissioners may suggest modifications to the application and may then
approve a certificate of demolition provided for in the revisions of the plans submitted. If
the Board does not act within the sixty (60) day period, the decision of the Committee shall
be final.
Sec. 34-77. Appeal from decision of Board of Commissioners.
The applicant shall have an appeal to the Circuit Court from a decision of the Board of
Commissioners on application for a Certificate of Demolition.
Sec. 34-78. Economic hardship.
(a) For buildings listed in section 34-80 or 34-81, the Committee shall study the questions of
economic hardship for the applicant and shall determine whether the site can be put to
reasonable beneficial use without the approval of the demolition application. In the case of
an income-producing building, the Committee shall also determine whether the applicant
can obtain a reasonable return from the existing building. If the applicant is claiming that
denial of the Certificate of Demolition amounts to a taking of the property without just
compensation, the applicant shall so state in the application with all reasons supporting said
claim.
(b) For buildings listed in section 34-80 or 34-81, if economic hardship or lack of reasonable
return is not proved, the Committee shall deny the application unless the Committee finds:
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(1) That the benefit from the economic development of the site exceeds the historical and
architectural value; and
(2) The developer has stated that development will commence within six (6) months, and
in that event the application shall be approved.
Sec. 34-79. Correction of dangerous conditions.
(a) In any case where the Fire Inspector and the Chief Building Inspector determines that there
are emergency conditions, dangerous to life, health and property, affecting a site contained
in section 34-80 or 34-81, they may order the remedying of these conditions without
approval of the Board.
(b) When possible, preference should be given by the Fire Inspector and Chief Building
Inspector to stabilization as allowed by the property maintenance code, rather than
demolition, as the means for correcting the dangerous conditions.
Sec. 34-80. Historic properties designated.
The location of properties to be controlled by sections 34-71 through 34-79 are:
(1) Petter Headquarters, 117 S. First Street;
(2) Freight Depot, Bauchuss-Johnston Brokerage, 300 S. Third, 310 S. Third;
(3) Sinnot Hotel, 201 Broadway;
(4) Citizens Bank Building, 333 Broadway;
(5) St. Mary Academy Complex, 225 N. Fourth and 218 N. Fifth;
(6) Elks Lodge, 121 N. Fifth;
(7) Columbia Theatre, 510—514 Broadway;
(8) Arcade Theatre, 500—508 Broadway;
(9) St. Francis deSales Church, 540 Broadway;
(10) Irvin Cobb Hotel, 600—606 Broadway, 105 S. Sixth;
(11) Tilghman House, 631 Kentucky Avenue;
(12) Old National Bank Building, 300 Broadway;
(13) Downtown Historic District;
(14) Market House Square Historic District;
(15) Lower Town Historic District;
(16) Fountain Avenue Historic District;
(17) Jefferson Street Historic District;
(18) Wallace Park Historic District.
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Sec. 34-81. Historic areas and areas considered significant to the stabilization of historic
districts designated.
(a) The area of properties to be controlled by sections 34-71 through 34-79 are as follows:
Beginning at a point located at the intersection of the south right-of-way line of Jefferson
Street and the west right-of-way of North First Street; thence in a westerly direction along the
south right-of-way line of Jefferson Street to a point located at the intersection of the south right-
of-way line of Jefferson Street and the west right-of-way line of North Fourth Street; thence in a
northerly direction along the west right-of-way line of North Fourth Street to a point located at
the intersection of the west right-of-way line of North Fourth Street and the south right-of-way
line of Monroe Street; thence in a westerly direction along the south right-of-way line of Monroe
Street to a point located at the intersection of the south right-of-way line of Monroe Street and
the east right-of-way line of North Seventh Street; thence in a southerly direction along the east
right-of-way line of North Seventh Street to a point located at the intersection of the east right-
of-way line of North Seventh Street and the south right-of-way line of Jefferson Street; thence in
a westerly direction along the south right-of-way line of Jefferson Street to a point located at the
intersection of the south right-of-way line of Jefferson Street and the east right-of-way line of
North Eighth Street; thence in a southerly direction along the east right-of-way line of North
Eighth Street to a point located at the intersection of the east right-of-way line of North Eighth
Street and the north right-of-way line of Broadway; thence in an easterly direction along the
north right-of-way line of Broadway to a point located at the intersection of the north right-of-
way line of Broadway and the east right-of-way line of North Seventh Street; thence in a
southerly direction, crossing Broadway along the east right-of-way line of South Seventh Street
to a point located at the intersection of the east right-of-way line of South Seventh Street and the
north right-of-way line of Clark Street; thence in an easterly direction along the north right-of-
way line of Clark Street to a point located at the intersection of the north right-of-way line of
Clark Street and the west right-of-way line of South Sixth Street; thence in a northerly direction
along the west right-of-way line of South Sixth Street to a point located at the intersection of the
west right-of-way line of South Sixth Street and the north right-of-way line of Kentucky Avenue;
thence in an easterly direction along the north right-of-way line of Kentucky Avenue to a point
located at the intersection of the north right-of-way line of Kentucky Avenue and the east right-
of-way line of South Third Street; thence in a southerly direction along the east right-of-way line
of South Third Street to a point located at the intersection of the east right-of-way line of South
Third Street and the north right-of-way line of Clark Street; thence in an easterly direction along
the north right-of-way line of Clark Street, if extended, to the intersection of the north right-of-
way line of Clark Street and the west right-of-way line of the floodwall; thence in a northeasterly
direction along the west right-of-way line of the floodwall to the intersection of the west right-of-
way line of the floodwall and the west right-of-way line of South First Street; thence in a
northerly direction along the west right-of-way line of South First Street crossing Broadway to
the intersection of the west right-of-way line of North First Street and the south right-of-way line
of Jefferson Street; thence to the point of beginning.
JEFFERSON STREET-FOUNTAIN AVENUE
RESIDENTIAL DISTRICT VERBAL BOUNDARY DESCRIPTION
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Beginning at a point at the north-west corner of 14th Street and Jefferson Street, the
boundary of the Jefferson Street-Fountain Avenue Residential District runs north along 14th
Street to the southwest corner of 14th and Madison Street, from there it runs west along Madison
to the rear of 406 Fountain Avenue, from there it runs north along the rear of 406, 408 and 410
Fountain Avenue. It then runs west along the alley a distance of one hundred fifty (150) feet to
the rear of 418 Fountain Avenue. Then it turns north along the rear of 418, 432 and 434 Fountain
Avenue to Harrison Street, then it runs west along Harrison Street to the rear of 1700 Fountain
Avenue, here it turns south and runs south along the rear of 412 and 419 Fountain Avenue, here
it turns west and runs to the rear of 415 Fountain Avenue and 1701 Madison Street, then it runs
south along the westerly boundary of 1701 Madison Street to Madison Street, from there it
continues west along Madison to the rear property line of 327 Fountain Avenue, here it turns
south and runs along the property lines of the properties facing Fountain Avenue to Monroe
Street, from there it continues south along the alley behind the properties facing Fountain
Avenue. At the intersection of the Fountain and Jefferson Street alleys, the boundary turns west
and runs along the alley rear to the northside Jefferson Street properties all the way to 28th
Street, here it turns south and runs along 28th Street to the alley at the rear of the southside
Jefferson Street properties, here it turns east and it runs along the alley to the 2220 block of
Jefferson, here the boundary deviates to include the Ritz Hotel at 22nd and Broadway. The
boundary continues at the Jefferson Street alley and runs east to 20th Street where it turns south
and runs to the northwest corner of 20th and Broadway, from there it runs west along Broadway
to the northeast corner of 19th and Broadway, from there it runs north and turns west at the alley,
here it follows the alley to the intersection of the Fountain Avenue and Jefferson Street alleys,
where it runs south to Broadway, here it turns east and runs along Broadway to the northeast
corner of Broadway and Fountain Avenue, from there it runs north and then turns east to run
along the alley at the rear of the southside Jefferson Street properties. At 16th Street the
boundary turns south and runs to the northeast corner of 16th and Broadway, here it runs east
along Broadway to the southeast property boundary of 1331 Broadway, from there it turns north
and runs to Jefferson Street from there it turns west and runs along Jefferson Street to the
beginning point.
Secs. 34-82—34-100. Reserved.
ARTICLE V. HOME RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION
ASSISTANCE PLAN
Sec. 34-101. Adoption.
(a) The City hereby approves and adopts a Residential Anti-Displacement and Relocation
Assistance Plan under section 104(d) of the Housing and Community Development Act of
1974, as amended.
(b) The Mayor is hereby authorized and directed to execute the Residential Anti-Displacement
and Relocation Assistance Plan as set out in subsection (a) of this section. A copy of this
Plan is hereby adopted by reference and made a part of this Code as if fully set forth herein.
Secs. 34-102—34-120. Reserved.
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ARTICLE VI. URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY2
Sec. 34-121. Established.
The Urban Renewal and Community Development Agency of Paducah, hereinafter referred
to as the URCDA, was established by Resolution on February 23, 1960 by the City of Paducah.
(Ord. No. 2025-10-8858, § A, 10-2-2025)
Sec. 34-122. Composition; term; meetings; and compensation.
(a) Generally. The URCDA shall consist of a total of five (5) residents within city limits of the
City of Paducah as members who shall be appointed by the Mayor with the approval of the
Board of Commissioners in conformity with applicable law.
(b) Terms. Three (3) of the members who are first appointed shall be designated to serve for
terms of one (1), two (2) and three (3) years respectively, and the remaining two (2) of such
members shall be designated to serve for terms of four (4) years each, from the date of their
appointment as indicated in KRS 99.350. Any appointments heretofore made for a term of
five (5) years are hereby confirmed and declared to be appointments for a term of four (4)
years from the date of such appointment. Thereafter, members shall be appointed as
aforesaid for a term of office of four (4) years, except that all vacancies occurring during a
term shall be filled for the unexpired term. A member shall hold office until his successor
has been appointed and qualified. The term of each URCDA member, except for the initial
term, shall be for a staggered four (4) year term. A member shall hold office until a
successor has been appointed and qualified.
(c) Meetings. The URCDA shall hold at least one (1) regular meeting per month at City Hall on
a day and time determined by URCDA.
(d) Compensation. All voting members of the Board shall receive compensation. The
Chairperson shall receive $100.00 per meeting attended. All other voting members shall
receive $75.00 per meeting attended. For the purpose of this section, the URCDA will be
exempt from occupational taxes. Any member of the Board may voluntarily decline all or
part of such compensation or reimbursement, for any reason, by providing written notice to
the appropriate official. Such waiver may be prospective or retroactive, may be for a
specified period or indefinite, and may be revoked at any time by written notice. A waiver
under this section shall not affect the member's status, rights, or duties on the Board. City
staff members serving on or assisting the Board in an official capacity, and ex-officio City
Commission members, shall not receive compensation or reimbursement for attendance at
Board meetings.
Sec. 34-123. Powers and authority.
The powers, functions and duties of the URCDA and its authority shall be in conformity
with KRS 99.330 to 99.510, as amended from time to time.
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Secs. 34-124—34-130. Reserved.
ARTICLE VII. ROOF STABILIZATION ASSISTANCE PROGRAM
Sec. 34-131. Title.
This article shall be known and may be cited as the "Roof Stabilization Assistance
Ordinance of the City of Paducah."
Sec. 34-132. Purpose.
This article is intended to establish and facilitate roof replacement and roof rehabilitation by
property owners within the Downtown Historic District (Map #1) to combat roof problems that
endanger the general health, safety and welfare of the inhabitants and visitors to the area within
the Historic District that has been placed on the National Registry.
Sec. 34-133. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Project Manager means the Director of Planning Community Development or designee.
Qualified roofing contractor means a contractor that has been approved by the Department
of Planning Community Development and has installation certification from the manufacturer.
Roof stabilization means the restoration of a deficient or substandard roof to provide a water
tight roof system free of leaks including all necessary flashing, decking repair, rafters, gutters,
downspouts, and roof/attic ventilation to ensure the longevity of the roof system.
URCDA means the Urban Renewal and Community Development Agency.
Sec. 34-134. General provisions.
Eligibility.
(1) Applications for a grant under the Program will be reviewed by the Project Manager
upon the criteria outlined herein to determine eligibility.
(2) All property receiving the financial assistance under the Program shall be located
within the Downtown Historic District (Map #1).
(3) Program parameters include:
a. The Program will target structures in need of roof stabilization.
b. Third party construction estimates by a qualified roofing contractor and owner's
proof of financial ability to complete the project will be required.
c. Each grant shall not exceed fifty (50) percent of the total roof stabilization costs,
or fifty (50) percent of funds allocated to the program for the budget year.
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d. A city letter of financial commitment will be given to the owner upon final
approval of the grant by URCDA.
e. Eligible roof stabilization improvements must be permanent. Eligible roof
improvements shall include, but not limited to a water tight, sustainable leak proof
roofing system.
f. All work shall meet or exceed industry standards for roof repair/replacement and
comply with all applicable building codes.
g. The owner agrees to expend program funds or obtain a building permit through
the Fire Prevention Building Division by June 1 following the award by the
URCDA.
Sec. 34-135. Administration.
(a) Staff.
(1) The Project Manager shall perform the following duties:
a. Preparation of the necessary applications, financial statements, a summary of the
commitments to the rules and regulations of the program, and such other forms to
be executed in administering the program. The appropriate forms shall include,
along with other data deemed appropriate, Roof Stabilization Assistance Program
application, proof of ownership, financial qualifications and deed restrictions.
b. Review the eligibility of the applicant based on the requirements of this article,
review the data provided on the forms required as part of the application
procedure and make a recommendation to the URCDA.
c. Providing limited technical assistance to applicants.
d. Maintain a list of approved contractors based upon satisfactory references on past
work performed.
e. Determine whether the proposed work to be performed meets the parameters of
this article and whether the cost to complete that work is reasonable. Said
determination shall be in writing and kept on file as part of the application.
f. Conduct appropriate, periodic inspections of the work being done and, when
satisfactorily completed, issue a certificate of compliance bearing the date the
certificate was issued. A copy of this certificate shall be kept as part of the file.
(b) Funding.
(1) The City may make annual budgetary appropriation as it deems necessary to fund the
program established by this article and the administrative costs associated therewith.
Sec. 34-136. Procedures for making application, review and approval.
(a) Application.
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(1) Applications will only be accepted after a Request for Application public notice has
been published in the Paducah Sun. Third party construction estimates and proof of
financial ability from a qualified financial institution will be required.
(2) Applications and other required forms shall be made available at the Department of
Planning Community Development . Technical assistance shall be available from that
office to assist applicants in completing and submitting an application. There shall be
no fee for filing an application.
(3) Applications for assistance where the property owners have received insurance
proceeds for the same work will not be accepted.
(b) Review.
(1) The Project Manager shall determine the completeness of the application. Incomplete
applications will not be processed.
(2) Upon a determination of completeness, the Project Manager shall make a
determination as to whether the applicant meets the eligibility criteria under the
Program.
(3) Upon a determination that the applicant is eligible under the Program, the Project
Manager shall forward the application to the Urban Renewal and Community
Development Agency (URCDA) for consideration.
(4) The URCDA will review rankings in accordance with the following criteria to
determine applicant's eligibility.
a. Urgency of roof stabilization: twenty-five (25) percent.
b. Contributing structure on the National Register of Historic Places: twenty-five
(25) percent.
c. Historic relationship to adjacent structures: twenty-five (25) percent.
d. Capital commitment of owner to rehabilitate remaining structure: twenty-five (25)
percent.
(5) URCDA will have the authority to approve all projects that do not exceed $50,000.00
in roof stabilization funds. Projects in excess of $50,000.00 of roof stabilization funds
will be forwarded to the City Commission for approval.
(6) Grant awards will be given based on availability of funds.
(c) Property owners obligations upon grant approval from the City. Property Owner shall
deliver to the Project Manager the following documents in fully executed form:
(1) A duly executed contract between the Property Owner and the approved contractor
outlining the roof work to be performed, the cost to be incurred, including an amount
for retainage to ensure the acceptable completion of the construction, and the time of
performance. This contract must be reviewed by, and acceptable to the Project
Manager.
(2) Any other documents which may be requested by the City upon approval.
(d) Disbursement of grant.
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(1) Subject to the terms and conditions hereinafter provided, the property owner shall be
entitled to draw proceeds from the grant when one hundred (100) percent of
rehabilitation work has been completed. Under no circumstance will funds be
advanced. However, notwithstanding the foregoing, disbursement shall only be made
when the following condition precedents shall have been satisfied:
a. The Property Owner shall submit for the Project Manager's review a written
request for reimbursement. The written request shall be signed by both the
approved contractor and the Property Owner.
b. The Property Owner shall provide to Project Manager a certification executed by
the approved contractor which shall certify the aforesaid costs incurred in the
construction process have been paid in full.
c. At the request of the Project Manager, the Property Owner shall provide to the
Project Manager interim mechanics or materialmen lien waivers to be executed by
the approved contractor, subcontractors, materialmen and/or their employees or
agents.
d. The Project Manager has verified that the construction is in accordance with
building and construction plans and specifications.
e. The Property Owner has complied with the terms of this article.
f. The Property Owner must require the contractor to provide a ten (10) year
minimum warranty plus an additional ten (10) year manufacturer's warranty for all
work completed.
(2) In the event all of the foregoing condition precedents are fully satisfied, the Project
Manager shall within ten (10) business days following date of request remit directly to
the approved applicant the permitted amount of draw.
(3) In the event all of the foregoing condition precedents are not fully satisfied, the Project
Manager shall have the right, at the Project Manager's discretion, to refuse the request
in total until such time as all condition precedents are satisfied, or pay such portion of
the request that the Project Manager deems appropriate. Additionally, the Project
Manager shall have the right to pay the grant proceeds directly to any creditors who
have provided labor or materials for the construction or the rehabilitation work, which
payments shall be deemed for and in behalf of the Property Owner and as a part of the
grant hereunder. The Project Manager's determination shall be binding and final upon
the Property Owner and the approved contractor.
(e) Issuance of Certificate of Completion. Following completion of the work, the Project
Manager shall inspect the roof and structure and certify whether or not the work has been
satisfactorily completed. If the work is sufficient, a Certificate of Completion shall be
issued.
(f) Emergency roof stabilization.
(1) If it is determined by the Program Manager after review by the Deputy Fire Chief that
a structure is in need of emergency roof stabilization, the Program Manager may utilize
Roof Stabilization Assistance Program funds for the stabilization of the roof. The
Program Manager shall review the following criteria to determine project eligibility.
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a. The structure is located with the program area (Map #1). A copy of the map can
be found in the City offices.
b. The structure is a contributing structure on the National Register of Historic
Places.
c. Without emergency roof stabilization, the roof would be in danger of collapse.
d. Without emergency roof stabilization, the roof would further decay resulting in
increased demand for utilization of the Roof Stabilization Assistance Program
funds.
(2) The City Commission shall review emergency roof stabilization projects in excess of
$20,000.00. in the event emergency roof stabilization funds are awarded to a property,
the City reserves the right to place a lien on the property for the amount of the
assistance provided. The emergency funding must be expended by the property owner
within three (3) months of approval.
(3) The City shall have the right to assess against the property owner all costs incurred by
the City in the completion of the necessary repairs, and, additionally, the City shall
have a lien against the property benefited by the repairs.
Secs. 34-137—34-150. Reserved.
ARTICLE VIII. UPPER STORY RESIDENTIAL GRANT PROGRAM (USRG)
Sec. 34-151. Title.
This article shall be known and may be cited as the Upper Story Residential Grant Program
(USRG) Ordinance of the City of Paducah.
Sec. 34-152. Purpose.
This article is intended to facilitate new residential units on the upper floors of new or
existing structures by property developers within the Historic Downtown (Map #1). It will
encourage the inhabitation of this unused space within the downtown area and serve as a catalyst
to preserve the structures that give downtown Paducah its unique sense of place.
Sec. 34-153. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Project Manager means the Director of Planning Community Development or designee.
Upper story residential unit means a self-contained housing unit that occupies only part of a
building.
URCDA means the Urban Renewal and Community Development Agency.
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Sec. 34-154. General provisions.
Eligibility.
(1) Applications for a grant under the Program will be reviewed by the Project Manager
upon the criteria outlined herein to determine eligibility.
(2) All property receiving the financial assistance under the Program shall be located
within the Historic Downtown (Map #1).
(3) Program parameters include the following:
a. The USRG Program will target structures that have vacant upper stories or upper
stories that are part of new construction.
b. The grant portion of the project must be for the interior renovation of an existing
building only or the construction of new upper story residential units.
c. All required permits (i.e., zoning, building, etc.) must have been obtained and the
property must be free of liens held by the City and all property taxes must be paid.
d. Third party construction estimates by a qualified contractor and developer's proof
of financial ability to complete the project will be required.
e. Each grant shall not exceed twenty (20) percent of the total upper story residential
rental unit rehabilitation costs or fifteen (15) percent total upper story residential
owner-occupied unit rehabilitation costs. A maximum of $15,000 per upper story
residential rental unit will be allocated.
f. A City letter of financial commitment will be given to the developer upon final
approval of the grant by URCDA or City Commission.
g. Eligible buildings shall have, upon completion of project, a sustainable leak proof
roofing system.
h. All projects shall comply with all applicable building codes.
i. All projects shall be completed within one (1) year of the date that the grant is
awarded. Any extension beyond one (1) year must be requested by the developer
and approved by the URCDA.
j. Proof of builders risk insurance must accompany each application.
k. Sketches, drawings, architectural plans, Photoshop renderings or other similar
visuals that will provide the Main Street Design Committee and URCDA with
sufficient information to evaluate the improvements being proposed.
l. A sample board that shows proposed materials and finishes must accompany the
application.
m. All projects funded by the USRG shall meet the following minimum required
materials and finishes:
1. Walls/interior: The interior should be of a finished quality. Materials should
be exposed brick, finished plaster or smooth finished sheetrock with
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baseboard, crown and door moldings as appropriate to the design of the
space.
2. Floors: Refinished or new installed hardwoods, cork, bamboo, minimum
eight (8) millimeter laminates, floating or engineered floors, polished,
stained or sealed concrete, ceramic tiles or stone in baths and kitchens. No
vinyl flooring.
3. Countertops: Solid surface, stone, granite, sealed concrete, or stainless steel.
No laminate.
4. Appliances: Appliances should be new and energy-star rated.
5. Windows: Windows should be treated according to the Secretary of the
Interior Standards and efforts should be made to make them as energy
efficient as possible.
6. Hardware: Faucets, cabinet hardware and light fixtures should be either of
new and higher quality or be refurbished vintage fixtures of higher quality.
Sec. 34-155. Administration.
(a) Staff.
(1) The Project Manager shall perform the following duties:
a. Preparation of the necessary applications, financial statements, a summary of the
commitments to the rules and regulations of the program, and such other forms to
be executed in administering the Program. The appropriate forms shall include,
along with other data deemed appropriate, Upper Story Residential Grant Program
application, verified proof of all ownership interests and financial qualifications.
b. Review the eligibility of the applicant based on the requirements of this article,
review the data provided on the forms required as part of the application
procedure and make a recommendation to the URCDA.
c. Maintain a list of approved contractors based upon satisfactory references on past
work performed.
d. Determine whether the proposed work to be performed meets the parameters of
this article and whether the cost to complete that work is reasonable. Said
determination shall be in writing and kept on file as part of the application.
e. Conduct appropriate, periodic inspections of the work being done and, when
satisfactorily completed, issue a certificate of compliance bearing the date the
certificate was issued. A copy of this certificate shall be kept as part of the file.
(b) Funding.
(1) The City may make annual budgetary appropriation as it deems necessary to fund the
Program established by this article and the administrative costs associated therewith.
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Sec. 34-156. Procedures for making application, review and approval.
(a) Application.
(1) Applications will only be accepted as funds are available. Third party construction
estimates and proof of financial ability from a qualified financial institution will be
required.
(2) Applications and other required forms shall be made available at the Department of
Planning Community Development. Technical assistance shall be available from that
office to assist applicants in completing and submitting an application. There may be
no fee for filing an application.
(b) Review.
(1) The Project Manager shall determine the completeness of the application. Incomplete
applications will not be processed.
(2) Upon a determination of completeness, the Project Manager shall make a
determination as to whether the applicant meets the eligibility criteria under the
Program.
(3) Upon a determination that the applicant is eligible under the Program, the Project
Manager shall forward the application to the Main Street Design Committee if it is
determined that the exterior portions of the structure that are ordinarily visible from the
public right-of-way are being altered. The Design Committee shall make design
recommendations to the applicant within fifteen (15) days of receipt of the application
and forward the application to the URCDA. If the Design Committee fails to review
and forward the URCDA within fifteen (15) days, the application will be forwarded
directly to the URCDA for review by the Project Manager.
(4) Upon a determination that the applicant is eligible under the Program, and no exterior
modifications are being completed that are visible from the public right-of-way, the
Project Manager shall forward the application to the Urban Renewal and Community
Development Agency (URCDA) for consideration.
(5) If multiple applications are received, the Project Manager will review rankings in
accordance with the following criteria to determine the applicant's eligibility:
a. Total private investment of residential rehabilitation project: twenty-five (25)
percent.
b. Contributing structure on the National Register of Historic Places: twenty-five
(25) percent.
c. Rehabilitation in compliance with the National Parks Secretary of the Interiors
Standards: twenty-five (25) percent.
d. Capital commitment of developer to rehabilitate remaining structure (facade, roof,
retail space): twenty-five (25) percent.
(6) Project Manager shall have the authority to approve all multi-unit projects that do not
exceed $60,000.00 in Upper Story Residential Grant funds. Projects in excess of
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$60,000.00 of Upper Story Residential Investment Grant funds will be forwarded to
the City Commission for approval.
(7) Grant awards may be given based on availability of funds.
(c) Property Developers obligations upon grant approval from the City. Property Developers
shall deliver to the Project Manager the following documents in fully executed form:
(1) A duly executed construction contract between the Property Developers and the
approved contractor outlining the rehabilitation work to be performed, the cost to be
incurred, including an amount for retainage to ensure the acceptable completion of the
construction, and the time of performance. This contract must be reviewed by, and
acceptable to, the Project Manager.
(2) Any other documents which may be requested by the Project Manager upon approval.
(d) Disbursement of grant.
(1) Subject to the terms and conditions hereinafter provided, the Property Developers shall
be entitled to draw proceeds from the grant when one hundred (100) percent of
rehabilitation work has been completed. Under no circumstance will funds be
advanced. However, notwithstanding the foregoing, disbursement shall only be made
when the following condition precedents shall have been satisfied:
a. The Property Developers shall submit for the Project Manager's review a written
request for reimbursement. The written request shall be signed by both the
approved contractor and the Property Developers.
b. The Property Developers shall provide to Project Manager a certification executed
by the approved contractor which shall certify the aforesaid costs incurred in the
construction process have been paid in full.
c. The Property Developers shall provide to Project Manager interim mechanics' or
materialmen lien waivers to be executed by the approved contractor,
subcontractors, materialmen and/or their employees or agents.
d. The Project Manager has verified that the construction is in accordance with
building and construction plans and specifications.
e. The Property Developers have complied with the terms of this article.
(2) In the event all of the foregoing condition precedents are fully satisfied, the Project
Manager shall within ten (10) business days following date of request remit directly to
the approved applicant the permitted amount of draw.
(3) In the event all of the foregoing condition precedents are not fully satisfied, the Project
Manager shall have the right, at the Project Manager's discretion, to refuse the request
in total until such time as all condition precedents are satisfied, or pay such portion of
the request that the Project Manager deems appropriate. Additionally, the Project
Manager shall have the right to pay the Grant proceeds directly to any creditors who
have provided labor or materials for the construction or the rehabilitation work, which
payments shall be deemed for and in behalf of the Property Developers and as a part of
the grant hereunder. The Project Manager's determination shall be binding and final
upon the Property Developers and the approved contractor.
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(e) Issuance of Certificate of Completion. Following completion of the work, the Project
Manager shall inspect the upper story residential units and certify whether or not the work
has been satisfactorily completed. If the work is sufficient, a Certificate of Completion shall
be issued.
Secs. 34-157—38-170. Reserved.
ARTICLE IX. HISTORIC DOWNTOWN NEW BUSINESS GRANT PROGRAM
Sec. 34-171. Title.
This article shall be known and may be cited as the Historic Downtown New Business
Grant Program of the City of Paducah.
Sec. 34-172. Purpose.
The purpose of the New Business Program is to provide for creation of new businesses and
employment opportunities within the Historic Downtown (Map #1). This is intended to
complement and support the City's other existing business programs such as the Upper Story
Residential Grant Program and the Roof Stabilization Assistance Program. The redevelopment of
buildings is crucial to maintaining an economically strong Downtown Commercial District; a
commercial area where the image, appearance and environment encourage the attraction of
shoppers. The intention of this program is to provide financial resources to assist new business
owners that are locating to Historic Downtown Paducah (Map #1).
Sec. 34-173. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant means a business entity owning or leasing a vacant structure located on property
within the Historic Downtown (Map #1).
Building means any structure having enclosed space and a roof for the housing or enclosure
of persons, animals or chattels.
Business means as defined in section 106-61.
Business entity means as defined in section 106-61.
FTEs means full-time employees as defined by KRS 154.32-010(18) hired by applicant
which are subject to the City's license fees as defined under sections 106-183 and 106-184.
Project Manager means the Director of Planning Community Development or designee.
Sec. 34-174. General provisions.
Eligibility.
(1) Applications for a grant under the Program will be reviewed by the Project Manager
upon the criteria outlined herein to determine eligibility.
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(2) All property receiving the financial assistance under the Program:
a. Shall be located within the Historic Downtown (Map #1); and
b. Shall be the location of a new business or the relocation of an existing business by
the applicant from outside the Historic Downtown or the corporate boundaries of
the City.
(3) Program parameters include:
a. The New Business Grant Program will target buildings that have been vacant for a
minimum of three (3) months.
b. The financial assistance provided shall only be used to defray the following
eligible costs: The initiation and hook up of new utility services, marketing for
grand opening of new location, purchase of new equipment, set up costs of new
equipment, interior and exterior renovations, exterior signs, and other moving
incidentals as approved by the Project Manager. Professional, legal, architectural,
engineering and permit fees may be included if approved by the Project Manager.
c. All required permits (i.e., zoning, building, etc.) must be obtained and the
property must be free of any liens held by the City and all property taxes, and any
and all other governmental levies, assessments or taxes of every kind and nature
whatsoever, which are assessed, levied, imposed upon, or would become due and
payable out of or with respect to the property must be paid, including, without
limitation, business license fees.
d. A minimum cash investment of $10,000.00 by applicant in the building or
property, which may include eligible cost, is required.
e. Once approved, applicants under the New Business Program are eligible to
receive grants as follows:
1. For businesses utilizing and occupying less than one thousand (1,000) square
feet in the building, one hundred (100) percent reimbursement of the first
$5,000.00 of eligible costs; and fifty (50) percent reimbursement of eligible
costs between $5,001.00 and $10,000.00.
2. For business utilizing and occupying one thousand (1,000) square feet or
more in the building, one hundred (100) percent reimbursement of the first
$7,500.00 of eligible costs; and fifty (50) percent reimbursement of eligible
costs between $7,501.00 and $15,000.00.
f. Applicants shall comply with all applicable building codes and the zoning chapter.
Sec. 34-175. Administration.
(a) Staff.
(1) The Project Manager shall perform the following duties:
a. Preparation of the necessary applications, financial statements, a summary of the
commitments to the rules and regulations of the program, and such other forms to
be executed in administering the program. The appropriate forms shall include,
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along with other data deemed appropriate, the New Business Grant Program
application.
b. Review the eligibility of the applicant based on the requirements of this article.
c. Determine whether the proposed work to be performed meets the parameters of
this article and whether the cost to complete that work is reasonable. Said
determination shall be in writing and kept on file as part of the application.
d. Conduct appropriate, periodic inspections of the work being done and, when
satisfactorily completed, issue a Certificate of Compliance bearing the date the
certificate was issued. A copy of this Certificate shall be kept as part of the file.
(b) Funding.
(1) The City may make annual budgetary appropriation as it deems necessary to fund the
program established by this article and the administrative costs associated therewith.
The City will provide an initial budget of $30,000.00 to fund this program for the
remainder of the 2014-2015 fiscal year from project account DT0038.
Sec. 34-176. Procedures for making application, review and approval.
(a) Application.
(1) Applications will only be accepted as funds are available.
(2) A sales contract or signed lease and a business plan in a form acceptable to the Project
Manager shall accompany the completed application.
(3) Applications and other required forms shall be on a form prescribed by the Department
of Planning Community Development and shall be filed in the manner prescribed by
the Department of Planning Community Development . Technical assistance shall be
available from that office to assist applicants in completing and submitting an
application. There may be no fee for filing an application.
(b) Review.
(1) The Project Manager shall determine the completeness of the application. Incomplete
applications will not be processed.
(2) Upon a determination of completeness, the Project Manager shall make a
determination as to whether the applicant meets the eligibility criteria under the
Program.
(3) Upon a determination that the applicant is eligible under the Program, the Project
Manager shall forward the application to the Main Street Design Committee if it is
determined that the exterior portions of the structure that are ordinarily visible from the
public right-of-way are being altered and the address is not located within the H-1
Zone. The Design Committee shall make written design recommendations to the
Program Manager within fifteen (15) days of receipt of the application. If the Design
Committee fails to make the aforesaid recommendations within this fifteen (15) day
period, the design alteration shall be deemed approved and the application shall
proceed back to the Project Manager for approval. If the address is located within the
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H-1 zone, the application will be forwarded to the HARC for review per section 126-
115(h).
(4) If multiple applications are received, the Program Manager shall evaluate applicant
eligibility in accordance with the following criteria:
a. Total relocation costs: twenty-five (25) percent.
b. Compatibility of proposed use within the Historic District and projected
pedestrian impact within the District: twenty-five (25) percent.
c. Number of FTEs to be hired by applicant (may include applicant): twenty-five
(25) percent.
d. Capital commitment of applicant to rehabilitate structure (facade, roof, retail
space): twenty-five (25) percent.
(5) Program grant awards may be given based on availability of funds.
(c) Recipient applicants' obligations upon grant approval from the City.
(1) Recipient applicant shall deliver to the Project Manager the following documents in
fully executed form:
a. Any and all documents requested by the Project Manager evidencing recipient
applicant's expenditure of eligible costs to be reimbursed by this grant as required
by subsection (d) of this section.
b. Certificate of Occupancy issued by the appropriate governmental entity.
c. Written reports, with supporting documentation, of the recipient applicant's
progress in completing the improvements to the property and satisfying the
employment commitments upon the request of the Project Manager.
(2) The recipient applicant shall complete the improvements to the property and shall be
open for business within twelve (12) months from the date of the grant award, unless
granted an extension in writing by the Department of Planning Community
Development. In no case shall the application be extended beyond six (6) additional
months. Any Program grant awarded but not acted upon by the recipient applicant shall
become void eighteen (18) months from the date of the award and shall be purged from
the files of the Department of Planning Community Development.
(d) Disbursement of grant.
(1) Subject to the terms and conditions hereinafter provided, the applicant shall be entitled
to draw grant funds when a Certificate of Occupancy has been issued. Under no
circumstance will grant funds be advanced. However, notwithstanding the foregoing,
disbursement shall only be made when the following condition precedents shall have
been satisfied:
a. The recipient applicant shall submit for the Project Manager's review a written
request for reimbursement of eligible costs. The written request shall be signed by
the recipient applicant and approved contractor if construction work was
completed.
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b. The recipient applicant shall provide to Project Manager a certification executed
by the approved contractor which shall certify the eligible costs incurred in the
construction process have been paid in full.
c. The Project Manager has verified that the construction is in accordance with
building and construction plans and specifications.
d. The recipient applicant has complied with the terms of this article.
e. The recipient applicant shall provide to the Project Manager all original receipts
for the eligible costs with proof of payment.
f. The recipient applicant shall provide to the Project Manager a Certificate of
Occupancy for the building.
(2) In the event all of the foregoing condition precedents are fully satisfied, the Project
Manager shall within ten (10) business days following date of request remit directly to
the recipient applicant the permitted amount of draw.
(3) In the event all of the foregoing condition precedents are not fully satisfied, the Project
Manager shall have the right, at the Project Manager's discretion, to refuse the request
in total until such time as all condition precedents are satisfied, or pay such portion of
the request that the Project Manager deems appropriate. Additionally, the Project
Manager shall have the right to pay the grant proceeds directly to any creditors who
have provided labor or materials for the construction or the rehabilitation work, which
payments shall be deemed for and in behalf of the recipient applicant and as a part of
the grant hereunder. The Project Manager's determination shall be binding and final
upon the recipient applicant and the approved contractor.
Secs. 34-177—34-190. Reserved.
ARTICLE X. SOUTHSIDE BUSINESS IMPROVEMENT GRANT PROGRAM
Sec. 34-191. Title.
This article shall be known as the Southside Business Grant Program of the City of Paducah
which includes Southside Business Improvement Beautification Grant and Southside Business
Improvement Roof Stabilization Grant.
(Ord. No. 2023-06-8782, § 1, 6-27-2023)
Sec. 34-192. Purpose.
The purpose of this article is to provide businesses within the boundary of the Southside
Business Improvement Grant program area matching grant funds to assist in promoting and
restoring Paducah's Southside Neighborhoods. The Roof Stabilization grant will assist building
owners in protecting buildings from further weathering and environmental damage by repairing
existing roofing systems or replacing the entire roof. The Beautification Grant will enable
owners to update the branding, landscape, or exterior façade to present a fresh appealing face to
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customers by incorporating stylish signage, new technology, updated design or public art to
activate the streetscape and enhance the customer experience.
Sec. 34-193. General provisions.
General regulations for all business grants:
(1) All property receiving business grants shall be located within the program area, be
considered commercial property, and currently or intend to house a small business,
defined here as an enterprise employing fifty (50) people or fewer.
(2) Applicants must be current on property taxes.
(3) There must be no liens on any property owned.
(4) Existing businesses must have a current City of Paducah business license to apply.
(5) New businesses may apply for grant funds but will be required to obtain a business
license prior to reimbursement of grant funds.
(6) Business must be current on all payroll and property taxes.
(7) There must be no liens on any property owned.
(8) Grant funds may not be used to make repairs ordered by the Fire Prevention
Department Division or the Building Division.
(9) Grant funds are reimbursement only, no funds will be awarded prior to completion of
the project.
(10) Work completed prior to the award will not be eligible for reimbursement.
(11) By law, the City of Paducah is required to report all grant funds as taxable income. A
1099 will be issued to any entity receiving grant funds.
(12) All applications will be entered into the digital permitting system for tracking
purposes. Fire Prevention The Building Division will provide a technical review to
determine the requirement of construction permits. If a permit is required, applicants
will be notified within the issued grant award letter.
(13) Applicants will be required to agree to allow all illustrations, photographs, or other
images of the project may be used for reports, publications and advertisements, both in
print and electronic. All submittals are subject to open records requests.
(14) The Planning Department of Community Development staff will provide
administrative support related to the project, such as advertising for applications,
reviewing applications, providing staff support for administrative or board approval for
awarding funds, working with applicant as necessary to ensure completion of the
proposed project, and assisting applicant with the request for reimbursement and
payment of the grant funds once that project is complete.
(15) A grant letter indicating conditional approval should be received prior to the
commencement of work, otherwise funding is not guaranteed. Planning Department of
Community Development staff will be responsible for ensuring that the allocation of
grant funds never exceeds the project allocations.
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Sec. 34-194. Funding.
The City of Paducah may make annual budgetary appropriations as it deems necessary to
fund the programs established by the article and the administrative costs associated therewith.
Funding for Roof Stabilization shall not exceed seventy (70) percent of the annual allocation,
and funding for Beautification shall not exceed thirty (30) percent of the annual allocation.
Sec. 34-195. Southside Business Improvement Grant: Roof stabilization.
There is hereby created a Southside Business Improvement Grant for Roof Stabilization
with the following general provisions:
(1) Administration of the Roof Stabilization Grant—Planning Department of Community
Development staff shall:
a. Prepare the necessary forms for the administration of the grant including
application, required guarantee, lien waivers, reimbursement request forms, and
any other documents necessary for the administration of the grant.
b. Provide limited technical assistance to the applicants throughout the process until
final reimbursement is complete.
c. Maintain a list of qualified contractors based upon satisfactory references on past
work performed and certification to apply the roofing materials used.
d. Advertise a request for applications, giving a minimum of twenty-one (21) days to
apply for funding. The application period will be advertised at least once each
year of the program between July 1 and June 30.
(2) Roof Stabilization Grant Program parameters include:
a. The program will target structures in need of roof stabilization.
b. Only property owners will be eligible for grant funds unless tenant provides, in
writing, the owners authorization for the tenant to contract and pay for the roof
repair/replacement and agrees to the tenant receiving the grant funds.
c. Eligible roof stabilization projects must be permanent, shall include, but not
limited to: A water tight, sustainable leak proof roofing system.
d. All work shall meet or exceed industry standards for roof repair/replacement and
comply with all applicable building codes.
e. The roofing contractor will be required to provide a ten (10) year guarantee
provided by the City in addition to the manufacturer's warranty for roof
replacement and a two (2) year guarantee for roof repairs.
f. Any associated permit fees through the Fire Prevention Department Building
Division may be included as a project expense.
g. Roof repairs covered by insurance are not eligible for reimbursement by grant
funds.
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h. The project must be complete within one (1) year of the date of the award letter
unless a written request for extension is submitted and an approval of the
extension is granted. If the project is not complete and an extension is not granted,
the applicant will be notified and the allocated funds will be released and made
available for distribution in the next round of applications.
i. Grant awards shall be allocated based on the total funding requests received
during the application period and application scoring rubric, with no project
receiving more than fifty (50) percent of the project contract or no more than fifty
(50) percent of the annual project budget.
(3) Application process:
a. During the application period, application shall be submitted to the Planning
Department of Community Development. In addition to the application, the
following attachments will be required:
1. Photographs showing the existing roof condition.
2. Existing business must have a current City of Paducah Business License.
3. New businesses must obtain a City of Paducah business license prior to
receiving grant funds.
4. A completed W-9.
5. Three (3) third-party bids from the list of qualified contractors. The Planning
Department of Community Development maintains a list of qualified
contractors for this purpose.
6. Proof of financial ability to complete the project.
7. Any other documentation supporting the applicant's request for grant funds.
b. Applications received after the deadline for submittal will not be considered.
c. Incomplete applications will not be considered. An application that does not
include all the required documentation will be considered incomplete.
(4) Review and approval process:
a. Applications for funds under the Roof Stabilization Grant Program will be
reviewed using the following scoring criteria, and projects with the highest ratings
will be selected.
Criteria Description Points
Possible
Condition of the
existing roof/urgency
of the need to
stabilize the
structure.
Rated on a scale of 0—5.
0 = No urgency, repair is optional.
1 = Some urgency, repair is needed.
2 = More urgent, repair must be timely.
3 = Urgent, repair must be made immediately.
4 = Very urgent, replacement must be considered.
5 = Most urgent, replacement must be made
immediately.
5 points
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Contribution of
historic character to
the neighborhood.
Rated on a scale of 0—3.
0 = Does not apply.
1 = Style is within character of the neighborhood.
2 = Qualifies as historic.
3 = On National Registry.
3 points
Capital commitment
of the owner [to]
rehabilitate the entire
structure.
Rated on a scale of 0—2 points.
0 = Does not apply.
1 = Owner will complete this project only.
2 = Owner will complete additional investment.
2 points
Commitment of
owner to complete
replacement of the
roof.
Rated on a scale of 0—2 points.
0 = Does not apply.
1 = Owner will complete this project only.
2 = Owner will complete additional investment.
2 points
Minority/Women
Owned Business
Improvements will be made to a small business owned
by an underrepresented group.
0 = Does not apply.
1 = MWBE business, not certified.
2 = MWBE Certified with Commonwealth of KY.
2 points
b. Eligible applications will be forwarded to the Urban Renewal and Community
Development Agency for final review, approval, and allocation of funds for the
project.
c. The applicant will be notified by letter of the grant award upon approval.
(5) Application for reimbursement:
a. Upon completion of the contracted work the applicant will apply for
reimbursement of funds. Reimbursement requests shall include the following:
1. Application for reimbursement signed by the applicant.
2. Affidavit signed by the contractor attesting to the following:
• Receipt of payment in full.
• Construction was in accordance with manufacturer's standards.
• Certification that the statements are true and correct to the best of
their knowledge.
• Proof that eligible costs have been paid in full to any sub-
contractors and suppliers.
3. Contractor's guarantee and warranty (ten (10) years for replacement, two (2)
years for repair).
4. Certificate of completion/verification of completion by the City Inspector (if
applicable).
5. Pictures of completed project.
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(6) Disbursement: Reimbursement will be made between fourteen (14) and twenty-one
(21) days upon satisfactory completion of the project as outlined in the award letter and
submittal of complete reimbursement request including all required attachments.
Failure to submit a complete request for reimbursement will delay the issuance
payment.
Sec. 34-196. Southside Business Improvement Grant: Beautification Grant.
There is hereby created a Southside Business Improvement Grant for Beautification with
the following general provisions:
(1) Administration of the Beautification Grant — Planning Department of Community
Development staff shall:
a. Prepare the necessary forms for the administration of the grant including
application, and any other documents necessary for the administration of the
grant.
b. Provide limited technical assistance to the applicants throughout the process.
c. Advertise a request for applications giving a minimum of twenty-one (21) days to
apply for funding.
d. Review for eligibility applications based on the requirements and, by the data,
provided make recommendation to the Planning Director of Community
Development for final approval.
e. Follow up with the applicant and provide support throughout the process until
final reimbursement is complete.
(2) Program parameters include:
a. The grant provides dollar for dollar match (i.e. 50/50 split for projects totaling up
to $10,000.00).
1. Minimum: Minimum investment threshold of $2,000.00 will be matched
with a $1,000 award.
2. Maximum: While there is no maximum investment, grant awards will match
up to $5,000.00 of the first $10,000.00 of investment.
b. Only property owners will be eligible for grant funds unless owner(s) provides in
writing to the authorization for a tenant to contract and pay for proposed
repairs/additions and agrees to the tenant receiving the grant funds.
c. Required permits shall be obtained for the work to be completed as applicable.
d. The project must be complete within sixty (60) days of the date listed on the
award letter unless a request for extension is submitted and an approval of the
extension is granted. If the project is not complete and an extension is not granted,
the applicant will be notified by letter and the allocated funds will be released and
made available for distribution in the next round of applications.
(3) Application process:
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a. During the application period, application may be submitted to the Planning
Department of Community Development. In addition to the application, the
following attachments will be required:
1. Photographs showing the existing condition.
2. Existing businesses must have a current City of Paducah business license.
3. A new business will be required to obtain a City of Paducah business license
prior to distribution of grant funds.
4. A completed W-9.
5. Detailed plans for the proposed project including but not limited to:
• Detailed description of the planned improvement.
• Drawing of the proposed changes.
• Any other documentation supporting the applicant's request for
grant funds.
b. Examples of eligible improvements include:
1. Public art (murals, sculptures).
2. New landscaping (trees, shrubs, flowers, soil, mulch. etc.).
3. Transom, window, door replacements.
4. New signage.
5. Removal of non-historic materials (siding that covers transom windows,
bricked over window or door openings, removing paint from brick surfaces,
etc.).
6. Repair or replacement of architectural details.
7. Exterior painting (except for applying paint to unpainted brick).
i. Priority will be given to applicants proposing to paint the entire
structure.
8. Exterior lighting or interior storefront lighting of window displays that will
remain lit during evening hours.
9. Parking lot resurfacing and striping.
c. Work considered routine maintenance will not be eligible for grant funds.
Examples of routine maintenance include:
1. Cleaning/power washing/cleaning gutters.
2. Mowing/pruning existing shrubs, replacing old mulch/trimming trees.
3. Any repairs ordered by the Fire Prevention Department Division or the
Building Division.
d. Applications received after the deadline for submittal will not be considered.
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e. Incomplete applications will not be considered. An application that does not
include all the required documentation will be considered incomplete.
f. Any associated permit fees through the Fire Prevention Department Building
Division may be included as a project expense.
(4) Review and approval process:
a. Applications for funds under the Beautification Grant Program will be reviewed
by the following criteria:
Criteria Description Points
Possible
Minority/Women
Owned Business
Improvements will be made to a small business owned
by an underrepresented group.
0 = Does not apply.
1 = MWBE business, not certified
2 = MWBE Certified with Commonwealth of KY
2 points
High Visual Impact Improvements that make a dramatic difference in the
visual appeal to structure or of the district. Rated on a
scale of 0—2 points.
0 = Does not apply.
1 = Improvements create visual appeal.
2 = Improvements create dramatic impact.
2 points
Active Street Front Improvements that make the pedestrian experience
more pleasant and interesting. Rated on a scale of 0—
2 points.
0 = Does not apply.
1 = Improvements create visual appeal.
2 = Improvements create dramatic impact.
2 points
Visual/Architectural
Integrity
Projects that enhance the building's historic
appearance. Rated on a scale of 0—2.
0 = Improvement degrades architectural integrity.
1 = Improvement neither degrades or improves
architectural integrity.
2 = Improvement improves architectural integrity.
2 points
Neighborhood
Impact
Improvements that add to the character of the
neighborhood. Rated on a scale of 0—2 points.
0 = Does not apply.
1 = Improvements create interest in the neighborhood.
2 = Improvements create a neighborhood focal point.
2 points
Capital commitment
of the owner [to]
rehabilitate the
entire structure.
Rated on a scale of 0—2 points.
0 = Does not apply.
1 = Owner will complete this project only.
2 = Owner will complete additional investment.
2 points
b. Upon approval applicant will be notified by letter of the grant award.
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(5) Request for reimbursement:
a. Upon completion of the proposed work, the applicant will apply for
reimbursement of funds. Reimbursement requests shall include the following:
1. Application for reimbursement signed by the applicant.
2. Affidavit signed by the contractor attesting to the following:
• Receipt of payment in full.
• Construction was in accordance with manufacturer's standards.
• Certification that the statements are true and correct to the best of
their knowledge.
• Proof that eligible costs have been paid in full to any sub-
contractors and suppliers.
3. Certificate of completion/verification of completion by the City Inspector (if
applicable).
4. Pictures of completed project.
(6) Disbursement: Reimbursement will be made between fourteen (14) and twenty-one
(21) days upon satisfactory completion of the project as outlined in the award letter and
submittal of complete reimbursement request including all required attachments.
Failure to submit a complete request for reimbursement will delay the issuance
payment.
Sec. 34-197. Phase 1 Program Area.
Exhibit 1 defines the program area of the first phase (Phase 1) of the Southside Business
Improvement Grant Program. Future areas will be determined as per neighborhood plan
adoption.
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Secs. 34-198—34-205. Reserved.
ARTICLE XI. SOUTHSIDE HOME REHABILITATION AND NEW CONSTRUCTION
GRANT PROGRAM
Sec. 34-206. Southside Home Rehabilitation and New Construction Incentive Program.
This article shall be known as the Southside Home Rehabilitation and New Construction
Incentive Program. This fund will be opened to the areas outlined in Exhibit 2, known as the
"program area," as a part of the larger Southside Neighborhoods Initiative.
Sec. 34-207. Purpose.
The purpose of this article is to establish a housing incentive program and to authorize the
Director of Planning Community Development to administer the program and provide financial
assistance to eligible applicants for reconstruction of existing homes and construction of new
homes.
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Sec. 34-208. General provisions.
There is hereby created a Southside Home Rehabilitation and New Construction Grant
Program with the following general provisions:
(1) All property receiving incentive funds shall be located within the program area.
(2) Applicants must be current on property taxes.
(3) There must be no liens on any property owned.
(4) Program funds may not be used to make repairs ordered by the Fire Prevention
Division or the Department Building Division.
(5) Program funds are reimbursement only, no funds will be awarded prior to completion
of the project.
(6) This award is disbursed as a forgivable-deferred payment loan with a zero (0) percent
rate, evidenced by a promissory note payable to the City of Paducah and secured by a
mortgage interest in favor of the City of Paducah. The City of Paducah will prepare a
promissory note and mortgage to be recorded. The mortgage would be considered
second or in some cases third mortgage. The promissory note and mortgage will be for
the forgivable-deferred payment loan amount and no cases shall exceed $27,000.00.
The homeowner is to reside in the residence for a period of five (5) years. If the
homeowner moves or sells the property, this note is to be paid by homeowner at a
sliding reduced rate in the following manner:
a. Sale of property less than one (1) year* one hundred (100) percent repayment.
b. Sale of property after one (1) year but less than two (2) years* eighty (80) percent
repayment.
c. Sale of property after two (2) years but less than three (3) years* sixty (60)
percent repayment.
d. Sale of property after three (3) years but less than four (4) years* forty (40)
percent repayment.
e. Sale of property after four (4) years but less than five (5) years* twenty (20)
percent repayment.
f. Sale of property more than five (5) years* zero (0) percent repayment.
* From the date the documents are signed.
(7) The forgivable-deferred payment loan shall only be available to property owners who
reside on the premises as their primary residence.
(8) Forgivable-deferred payment loan shall not exceed twenty (20) percent of the eligible
expenses of the improvement.
(9) Forgivable-deferred payment loan amount shall not exceed $27,000.00.
(10) Total project costs shall be a minimum of $50,000.00 to be eligible for a forgivable-
deferred payment loan.
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(11) By law, the City of Paducah is required to report all grant funds as taxable income. A
1099 will be issued to any entity receiving grant funds.
(12) All applications will be entered into the digital permitting system for tracking
purposes. Fire Prevention The Building Division will provide a technical review to
determine the requirement of construction permits. If a permit is required, applicants
will be notified within the issued grant award letter. Any associated permit fees
through the Fire Prevention Department Building Division will be eligible for
reimbursement.
(13) Applicants will be required to agree to allow all illustrations, photographs, or other
images of the project may be used for reports, publications and advertisements, both in
print and electronic. All submittals are subject to open records requests.
(14) The Planning Community Development Department staff will provide administrative
support related to the project, such as advertising for applications, reviewing
applications, providing staff support for administrative or board approval for awarding
funds, working with applicant as necessary to ensure completion of the proposed
project, and assisting applicant with the request for reimbursement and payment of the
grant funds once that project is complete.
(15) A grant letter indicating conditional approval should be received prior to the
commencement of work, otherwise funding is not guaranteed. Planning Community
Development Department Staff will be responsible for ensuring that the allocation of
grant funds never exceeds the project allocations.
(16) Work completed prior to the award will not be eligible for reimbursement.
Sec. 34-209. Funding.
The City of Paducah may make annual budgetary appropriations as it deems necessary to
fund the programs established by the article and the administrative costs associated therewith.
Allocation to this program shall not exceed seventy-five (75) percent of the annual budget.
Sec. 34-210. Southside Home Rehabilitation and New Construction Incentive Program
details.
(a) Administration of the Southside Rehabilitation and New Construction Incentive — Planning
Community Development Department staff shall:
(1) Prepare the necessary forms for the administration of the grant including application,
and any other documents necessary for the administration of the program.
(2) Provide limited technical assistance to the applicants throughout the process.
(3) Review for eligibility applications based on the requirements and, by the data,
provided make recommendation to the Planning Director of Community Development
for final approval.
(4) Follow up with the applicant and provide support throughout the process until final
disbursement is complete.
(b) Program parameters include:
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(1) The grant provides a reimbursement in the form of a forgivable, zero (0) percent
interest loan to be applied toward an applicant's investment in their property.
a. Minimum: Minimum investment threshold for projects is fifty thousand dollars
($50,000.00) in value.
b. Maximum: While there is no maximum investment, grant awards will match up to
twenty (20) percent of eligible expenses. Criteria for reimbursement levels are as
follows:
• Eligible projects may be awarded fifteen (15) percent of the eligible expenses
of the project, with a maximum award amount of twenty thousand dollars
($20,000.00).
• Eligible projects choosing to participate in the optional Beyond Code
program as outlined by Fire Prevention the Building Division will be eligible
for an additional five (5) percent award for adhering to the 2021 IECC
energy standard building codes. This award tier caps at twenty (20) percent
of the eligible expenses of the project, with a maximum award amount of
twenty-seven thousand dollars ($27,000.00).
(2) Only owner-occupied units will be eligible to receive funds.
(3) Required permits shall be obtained for each project as applicable. Any associated
permit fees through the Fire Prevention Department Building Division may be included
as a project expense.
(4) The funds will only be awarded after completion of the approved project.
(5) The project must be completed within one (1) year of the date listed on the award letter
unless a request for extension is submitted and an approval of the extension is granted.
If the project is not complete and an extension is not granted, the applicant will be
notified by letter and the allocated funds will be released and made available for
distribution in the next round of applications.
(c) Application process:
(1) Applications shall be submitted to the Planning Community Development Department.
In addition to the application, the following attachments will be required:
a. Photographs showing the existing condition of the proposed project.
b. A completed W-9.
c. Detailed plans for the proposed project including but not limited to:
• Detailed description of the planned improvement.
• Drawing of the proposed changes.
d. Proof of financial availability to complete the project.
e. Any other documentation supporting the applicants request for program funds.
(2) Examples of eligible improvements include:
a. Structural rehabilitation or improvements to the existing foundation or walls.
46 | P a g e
b. Energy saving upgrades to the structure (not appliances).
c. Exterior façade upgrades.
d. Replacement windows at the same size or greater.
e. Interior upgrades (i.e. remodeling rooms or upgrading plumbing or electrical).
f. Construction of additional dwelling units.
g. New residential construction.
(d) Work considered routine maintenance will not be eligible for grant funds. Examples of
routine maintenance include:
(1) Cleaning/power washing/cleaning gutters.
(2) Mowing/pruning existing shrubs, replacing old mulch.
(3) Grading gravel driveways.
(4) Any repairs ordered by the Fire Prevention Department Division or the Building
Division.
(e) Incomplete applications will not be considered. An application that does not include all the
required documentation will be considered incomplete.
(f) Application for reimbursement: Up to twenty (20) percent of project costs shall be paid
upon completion of project in accordance with a certificate of occupancy issued by the
Department of Fire Prevention Building Division, based upon the permitted value, with any
additional funding from optional program participation. The forgivable-deferred payment
loan shall be tied to the issuance of a certificate of completion. Request for reimbursement
shall include:
(1) Application for reimbursement signed by the applicant.
(2) Affidavit signed by the contractor attesting to the following:
• Receipt of payment in full.
• Construction was in accordance with manufacturer's standards.
• Certification that the statements are true and correct to the best of their
knowledge.
• Proof that eligible costs have been paid in full to any subcontractors and suppliers.
(3) Certificate of completion/verification of completion by the City Inspector (if
applicable).
(4) Pictures of completed project.
(g) Disbursement of funds:
(1) Upon satisfactory completion of the project as outlined in the award letter, receipt of
request for reimbursement and all supporting documents, staff will review and notify
attorney to prepare note and mortgage.
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(2) The disbursement will be made within fourteen (14) to twenty-one (21) days of
notification that all documents are approved and legal documents are ready for
signatures. Failure to submit a complete request for disbursement will delay the
issuance payment.
Exhibit 2 — Phase 1 Program Area
Exhibit 2 defines the program area of the first phase (Phase 1) of this incentive program.
Future areas will be determined as per neighborhood plan adoption.
Secs. 34-211—34-220. Reserved.
ARTICLE XII. SOUTHSIDE HOME REPAIR MICROGRANT
This article shall be known as the Southside Home Repair Microgrant. This fund will be
opened when applicable to the areas outlined in Exhibit 3, known as the "program area", as a part
of the larger Southside Neighborhoods Initiative.
The purpose of this article is to provide homeowners within the program areas with
matching grant funds to assist in the immediate repair of their homes and to increase the quality
of the Southside Neighborhoods housing supply. The microgrant will enable owners to enact
projects that focus on the repair or improvement of the structure, landscape, or exterior façade of
their property.
There is hereby created the following general regulations for this microgrant program:
(1) All property receiving microgrants shall be located within the program area.
(2) Applicants must be current on property taxes.
(3) There must be no liens on any property owned.
(4) Grant funds may not be used to make repairs ordered by the Fire Prevention
Department Division or the Building Division.
(5) Grant funds are reimbursement only, no funds will be awarded prior to completion of
the project.
(6) Work completed prior to the award will not be eligible for reimbursement.
(7) By law, the City of Paducah is required to report all grant funds as taxable income. A
1099 will be issued to any entity receiving grant funds.
(8) All applications will be entered into the digital permitting system for tracking
purposes. Fire Prevention The Building Division will provide a technical review to
determine the requirement of construction permits. If a permit is required, applicants
will be notified within the issued grant award letter. Any associated permit fees
through the Fire Prevention Department Building Division will be eligible for
reimbursement.
(9) Applicants will be required to agree to allow all illustrations, photographs, or other
images of the project may be used for reports, publications and advertisements, both in
print and electronic. All submittals are subject to open records requests.
(10) The Planning Department of Community Development staff will provide
administrative support related to the project, such as advertising for applications,
reviewing applications, providing staff support for administrative or board approval for
awarding funds, working with applicant as necessary to ensure completion of the
proposed project, and assisting applicant with the request for reimbursement and
payment of the grant funds once that project is complete.
(11) A grant letter indicating conditional approval of funding should be received prior to the
commencement of work, otherwise funding is not guaranteed. Planning Department of
Community Development staff will be responsible for ensuring that the allocation of
grant funds never exceeds the project allocations.
Sec. 34-224. Funding.
The City of Paducah may make annual budgetary appropriations as it deems necessary to
fund the programs established by the article and the administrative costs associated therewith.
Allocation to this program shall not exceed twenty-five (25) percent of the annual budget.
Sec. 34-225. Southside Home Repair Microgrant Program details.
(a) Administration of the Southside Home Repair Microgrant — Planning Community
Development Department staff shall:
(1) Prepare the necessary forms for the administration of the grant including application,
and any other documents necessary for the administration of the grant.
(2) Provide limited technical assistance to the applicants throughout the process.
(3) Review for eligibility applications based on the requirements and, by the data,
provided make recommendation to the Planning Director of Community Development
for final approval.
(4) Follow up with the applicant and provide support throughout the process until final
reimbursement is complete.
(b) Program parameters include:
(1) The grant provides a dollar for dollar match towards an applicant's investment (i.e.
50/50 split).
a. Minimum: Minimum investment threshold for projects is $500.00, that will be
matched with a $250.00 award.
b. Maximum: While there is no maximum investment, grant awards will match up to
$5,000.00 of the first $10,000.00 investment.
(2) Only property owners will be eligible for grant funds unless owner(s) provides in
writing to the tenant for authorization to contract and pay for proposed
repairs/additions and agrees to the tenant receiving the grant funds.
(3) Permits shall be obtained for the work to be completed, if required. Any associated
permit fees through the Fire Prevention Department Building Division may be included
as a project expense.
(4) The funds will only be awarded after completion of the approved project.
(5) The project must be completed within sixty (60) days of the date listed on the award
letter unless a request for extension is submitted and an approval of the extension is
granted. If the project is not complete and an extension is not granted, the applicant
will be notified by letter and the allocated funds will be released and made available
for distribution in the next round of applications.
(c) Application process:
(1) Applications may be submitted to the Planning Community Development Department.
In addition to the application, the following attachments will be required:
a. Photographs showing the existing condition of the proposed project.
b. A completed W-9.
c. Detailed plans for the proposed project including but not limited to:
• Detailed description of the planned improvement.
• Drawing of the proposed changes.
d. Any other documentation supporting the applicants request for grant funds.
(2) Examples of eligible improvements include:
a. Repair or replacement of siding or exterior finishing.
b. Repair or construction of porches or accessibility ramps.
c. Transom, window, door replacements at the same size or greater.
d. Repair or replacement of architectural details.
e. Exterior painting (except for applying paint to unpainted brick).
• Priority will be given to applicants proposing to paint the entire structure.
f. Exterior lighting fixtures.
g. Driveway culvert repair.
h. Mature tree repair by a licensed arborist.
i. New landscaping will be considered an eligible expense only if it comprises no
more than twenty (20) percent of the total project budget.
(3) Work considered routine maintenance will not be eligible for grant funds. Examples of
routine maintenance include:
a. Cleaning/power washing/cleaning gutters.
b. Mowing/pruning existing shrubs, replacing old mulch.
c. Any repairs ordered by the Fire Prevention Department Building Division.
(4) Incomplete applications will not be considered. An application that does not include all
the required documentation will be considered incomplete.
(d) Review and approval process:
(1) Applications for funds under the Southside Home Repair Microgrant will be reviewed
by the following criteria:
Criteria Description Points
Possible
High Impact Rated on a scale of 0—4 points.
0 = Does not apply.
1 = Improvements create visual appeal.
2 = Improvements create lasting visual impact.
3 = Improvements create safer living conditions.
4 = Improvements stabilize the structure (foundation,
roof, etc.).
4 points
Urgency of the need
to stabilize the
structure.
Rated on a scale of 0—5.
0 = No urgency, repair is optional.
1 = Some urgency, repair is needed.
2 = More urgent, repair must be timely.
3 = Urgent, repair must be made immediately.
4 = Very urgent, replacement must be considered.
5 = Most urgent, replacement must be made
immediately.
5 points
Visual/Architectural
Integrity that
enhance the
building's historic
appearance.
Rated on a scale of 0—2.
0 = Improvement degrades architectural integrity.
1 = Improvement neither degrades or improves
architectural integrity.
2 = Improvement improves architectural integrity.
2 points
Capital commitment
of the owner [to]
rehabilitate the
entire structure.
Rated on a scale of 0—2 points.
0 = Does not apply.
1 = Owner will complete this project only.
2 = Owner will complete additional investment.
2 points
Upon approval applicant will be notified by letter of the grant award.
(e) Request for reimbursement:
(1) Upon completion of the proposed work the applicant will apply for reimbursement of
funds. Reimbursement requests shall include the following:
a. Application for reimbursement signed by the applicant.
b. An affidavit signed by the contractor attesting to the following:
• Receipt of payment in full.
• Construction was in accordance with manufacturer's standards.
• Certification that the statements are true and correct to the best of their
knowledge.
• All eligible costs have been paid in full to any subcontractors and suppliers.
c. Certificate of completion/occupancy from Fire Prevention the Building Division if
needed.
d. Pictures of completed project.
(Or)
a. Invoices for materials with proof of payment (receipt or cancelled check) Note:
copy of check will not be considered proof of payment unless both sides of the
cancelled check are provided.
b. Certificate of completion/verification of completion by the City Inspector (if
applicable).
c. Pictures of completed project.
(f) Disbursement: Reimbursement will be made between fourteen (14) and twenty-one (21)
days upon satisfactory completion of the project and of receipt of complete reimbursement
request including all required attachments. Failure to submit a complete request for
reimbursement will delay the issuance payment.
Exhibit 3 — Phase 1 Program Area
The program area of the first phase (Phase 1) of this grant program is shown below in
Exhibit 3. Future areas will be determined as per neighborhood plan adoption.
SECTION 4. CHAPTER 42 AMENDMENT. That Chapter 42, Environment, of the
Code of Ordinances, of the City of Paducah, Kentucky, is hereby amended as follows:
ARTICLE I. IN GENERAL
Secs. 42-1—42-30. Reserved.
ARTICLE II. NUISANCE CODE ENFORCEMENT3
Sec. 42-31. Title of article.
This article shall be known and may be cited as the "Code Enforcement Board Ordinance."
Sec. 42-32. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Abatement costs mean a City's necessary and reasonable costs for and associated with
clearing, preventing unauthorized entry to, or demolishing all or a portion of a structure or
premises, or taking any other action with regard to a structure or premises necessary to remedy a
violation and to maintain and preserve the public health, safety and welfare in accordance with
any City ordinance.
Citation means a determination by the Code Enforcement Officer that a violation has been
committed, and that determination shall be final, unless properly contested.
Code Enforcement Board means the administrative body created herein and acting under the
authority of the Local Government Code Enforcement Board Act, KRS 65.8801—65.8839.
Code Enforcement Officer means all city citation officers as defined in section 2-591.
Code means any ordinances adopted by the City in articles II, III and/or IV of this chapter.
Demolition by neglect means a situation in which a property owner allows a structure or
building to suffer severe deterioration beyond the point of repair.
Final order means any order issued by the code enforcement board in accordance with this
article that is not appealed; created because a violator neither paid nor contested the citation as
provided in this article; or created because a violator failed to appear at a hearing the violator
requested to contest the citation as provided in this article.
Imminent danger means a condition which is likely to cause serious or life-threatening
injury or death at any time.
Owner means a person, association, corporation, partnership or other legal entity having a
legal or equitable title in real property, or in the case of a motor vehicle, having legal or equitable
title in a motor vehicle.
Person means any person, individual, firm, partnership, association, corporation, company
or organization of any kind.
Premises or property means a lot, plot, or parcel of land, including any structures upon it.
Remedy means the action taken to abate any nuisance to bring property in violation of the
Code into compliance with the requirements of this article.
Sec. 42-33. Creation and membership.
There is hereby created, pursuant to KRS 65.8801—65.8839 within the City, a Code
Enforcement Board which shall be composed of five (5) members, all of whom shall be residents
and registered voters of the City for a period of at least one (1) year prior to the creation of the
Board and shall reside there throughout the term in office.
Sec. 42-34. General powers.
(a) The Code Enforcement Officer shall have the power to issue citations for violations of the
Code. Such citation shall be a final determination unless contested pursuant to the hearing
procedures provided under section 42-40.
(b) The Code Enforcement Board shall have the power to conduct hearings, issue remedial and
final orders and impose fines upon a final determination as a method of enforcing the code
when a violation of the Code has been determined by the Code Enforcement Officer and a
contest to the board has been initiated.
(c) The Code Enforcement Board shall have the authority to conduct hearings and make
determinations regarding all code violations, but shall not have the authority to conduct
hearings and make determinations regarding violations of article IV, Noise, of this chapter
or violations of buildings and buildings regulations in chapter 18.
(d) The Code Enforcement Board shall have the authority to conduct hearings and make
determinations regarding appeals from the decision of the Deputy Chief of the Fire
Prevention Division or Battalion Chief Building Division as to a rental occupancy permit
set forth in section 42-41.5, except that the Code Enforcement Board shall not have
authority over decisions of the State Fire Marshal with respect to appeals filed in the State
Fire Marshal's Office pursuant to 815 KAR 10:060 or KRS 227.380(2).
Sec. 42-35. Appointment of members; term of office; removal from office.
(a) Members of the Code Enforcement Board shall be residents and registered voters of the
City for a period of at least one (1) year prior to joining the board and shall reside there
throughout the term in office and shall be appointed by the Mayor, subject to the approval
by the City Commission.
(b) The initial appointment to a five (5) member Code Enforcement Board shall be as follows:
(1) Two (2) members appointed to a one (1) year term.
(2) Two (2) members appointed to a two (2) year term.
(3) One member appointed to a three (3) year term.
All subsequent appointments shall be for a term of three (3) years. A member may be
reappointed by the Mayor, subject to approval by the City Commission.
Sec. 42-36. Organization of Board; meetings; quorum; compensation; and minutes.
Sec. 42-37. Abstention due to conflict of interest.
Any member of the Code Enforcement Board who has any direct or indirect financial or
personal interest in any matter to be decided shall disclose the nature of the interest and shall
abstain from voting on the matter in which such member has an interest. Abstentions shall have
no effect on establishing a quorum for purposes of voting and shall only be considered as a "no
vote" on the matter.
Sec. 42-38. Jurisdiction.
The Code Enforcement Officer and Code Enforcement Board shall have jurisdiction to
enforce and shall enforce those city ordinances and code provisions which specifically
designated to the Code Enforcement Board.
Sec. 42-39. Powers of the Code Enforcement Board.
The Code Enforcement Board shall have the following powers and duties over all matters
contained in this article:
(1) To adopt rules and regulations to govern its operations and the conduct of its hearings.
(2) To subpoena witnesses and to allow Code Enforcement Officers to serve subpoenas.
(3) To conduct hearings to determine if there has been a violation of the Code.
(4) To take testimony under oath. The Chairman and/or City staff members shall have the
authority to administer oaths for the purpose of taking testimony.
(5) To make findings of fact and issue remedial or final orders necessary to remedy any
violation of the Code or Code provision which the board is authorized to enforce.
(6) To impose fines, as authorized, on any person found to have been in violation.
(7) To order liens to be filed for the collection of fines, charges, costs, penalties, and fees,
including attorney's fees.
(8) To provide extensions to property owners during which remedial work to bring the
property into compliance with the International Property Maintenance Code may be
performed in lieu of fines, not to exceed extensions of ninety (90) days, absent
extraordinary cause calling for additional time, as determined by vote of the Code
Enforcement Board. Such extensions shall not be granted for violations related to
nuisances listed in section 42-50, including but not limited to high grass, weeds,
rubbish, or junk motor vehicles and appliances as defined in section 42-48.
(9) To conduct hearings to consider appeals from the determination of the Deputy Chief of
the Fire Prevention Building Division as to the suspension, revocation, or denial of a
rental occupancy permit in accordance with section 42-41.5 except as it relates to
orders of the fire Code Official which shall be heard by the Building, Electrical, and
Fire Code Appeals Board pursuant to Sec. 46-34.
(10) To set a regular monthly meeting date and call special meetings as needed.
Sec. 42-40. Enforcement hearing.
The following requirements shall govern all enforcement hearings before the Board:
(1) If the alleged violator desires to contest the citation, such person may initiate a hearing
before the Code Enforcement Board after a citation is issued by a Code Enforcement
Officer.
(2) Except as provided in subsection (3) of this section, if a Code Enforcement Officer
believes, based on personal observation or investigation, that a person has violated the
Code, the officer shall issue a notice of violation to the offender allowing the offender
seven (7) days to remedy the violation without fine and advise the offender that the
violations may be referred to the County attorney or the commonwealth attorney for
criminal prosecution. The offender may be allowed a reasonable extension of time to
remedy the violation without fine at the discretion of the Code Enforcement Officer, if
requested by the offender. The notice of violation shall be reasonably calculated to
inform the offender of the nature of the violation, and may be in the form of a posted
sign notice on or near the door, if unsafe conditions exist for a property with a dwelling
or structure, or in the form of a posted sign for vacant lots.
(3) If the offender fails or refuses to remedy the violation within the time allotted by the
Code Enforcement Officer, the Code Enforcement Officer is authorized to issue a
citation. The citation shall represent a determination by the Code Enforcement Officer
that a violation has been committed, and that determination shall be final unless
contested by the alleged violator and taken before the Code Enforcement Board.
(4) Nothing in this article shall prohibit the City from taking immediate action to remedy a
violation of its ordinances when there is reason to believe that the violation presents a
serious threat to the public health, safety, and welfare, or if in the absence of
immediate action, the effects of the violation will be irreparable or irreversible, or if
other specific circumstances merit immediate abatement.
(5) The citation issued by the Code Enforcement Officer shall contain the following
information:
a. The date and time of issuance;
b. The name and address of the person to whom the citation is issued;
c. The date and time the offense was committed;
d. The facts constituting the offense;
e. The section of the Code or the number of the ordinance violated;
f. The name of the Code Enforcement Officer;
g. The fine that will be imposed for the violation if the person does not contest the
citation;
h. The maximum fine that may be imposed if the person elects to contest the
citation;
i. The procedure for the person to follow in order to pay the fine or to contest the
citation;
j. A statement that if the person fails to pay the fine set forth in the citation or
contest the citation, within the time allowed, the person shall be deemed to have
waived the right to a hearing before the Code Enforcement Board to contest the
citation and that the determination that the violation was committed shall be final;
k. Notice that a lien may be filed or foreclosure proceedings initiated to collect fines,
charges, costs, penalties, and fees, including attorney's fees;
l. Notice that violation may be referred to the County Attorney or Commonwealth
Attorney for criminal prosecution.
(6) Upon receipt of a citation, the offender shall respond to the citation within seven (7)
days of the date of receipt by either paying the fine or requesting, in writing, a hearing
before the Code Enforcement Board to contest the citation. If the offender responds by
paying the fine, the offender shall still be required to remedy the violation and will be
given a reasonable time to remedy. If the offender fails to remedy the violation,
another Notice of Violation may be issued, in accordance with subsection (2) of this
section, for another violation of the Code. If the person fails to respond to the citation
within seven (7) days, the person shall be deemed to have waived the right to a hearing
and the determination that a violation was committed shall be considered final.
(7) If the offender does not contest the citation within the time prescribed, the Code
Enforcement Officer issuing the citation shall determine that the violation was
committed, no contest was initiated, and cause the violation to be abated and/or impose
the fine set forth in the citation and then enter the final order. If the offender does not
remedy in the time provided, another notice of violation may be issued, in accordance
with subsection (2) of this section, for another violation of the Code. A copy of the
final order shall be served on the offender.
(8) Notwithstanding the provisions of paragraph (7) of this section, when, in the opinion of
a Code Enforcement Officer, a hearing is necessary or advisable to address continuing
violations, the Code Enforcement Officer may request a hearing before the Code
Enforcement Board. Notice of the hearing shall be issued to the offender in accordance
with the provisions of this section.
Sec. 42-41. Enforcement hearing; notice; final order.
(a) When a hearing has been requested, the Code Enforcement Board shall schedule a hearing.
The Board may hold hearings once a month or more frequently as necessary or needed.
(b) Not less than seven (7) days before the date of the hearing, the Code Enforcement Board
shall notify the offender of the date, time, and place of the hearing. The notice may be given
by standard U.S. mail; certified mail, return receipt requested; by personal delivery; or by
leaving the notice at the person's usual place of residence with any individual residing
therein who is eighteen (18) years of age or older and who is informed of the contents of the
notice.
(c) Any person requesting a hearing before the Code Enforcement Board who fails to appear at
the time and place set for the hearing shall be deemed to have waived the right to a hearing
to contest the citation and a determination that a violation was committed shall be entered
and become final. The Code Enforcement Board shall enter a final order determining the
violation was committed and shall cause the violation to be abated, if not already abated,
and/or impose the fine set forth in the citation. If the offender does not remedy in the time
provided, another notice of violation may be issued, in accordance with section 42-40(2),
for another violation of the Code. A copy of the final order shall be served upon the
offender.
(d) All testimony shall be taken under oath and recorded. Testimony shall be taken from the
Code Enforcement Officer, the alleged violator, and any witnesses to the violation offered
by the Code Enforcement Officer or alleged violator. Formal rules of evidence shall not
apply, but fundamental due process shall be observed and shall govern the proceedings.
(e) The Code Enforcement Board shall, based on the evidence, determine whether a violation
was committed. The Code Enforcement Board shall determine, based on the evidence
presented, including photographs and testimony, whether a violation was committed. When
the Board determines that no violation was committed, an order dismissing the citation shall
be entered. When the Board determines that a violation has been committed, the Board may
issue an order upholding the citation and may order the offender to do one (1) of the
following:
(1) Pay a civil fine in an amount up to the maximum authorized by ordinance;
(2) Remedy a continuing violation within a specified time not to exceed ninety (90) days
to avoid the imposition of a fine as authorized in section 42-43. Such extensions shall
not be granted for violations related to nuisances listed in section 42-50, including but
not limited to high grass, weeds, rubbish, or junk motor vehicles and appliances as
defined in section 42-48.
(f) Every final order or findings of fact of the Code Enforcement Board shall be reduced to
writing, which shall include the date the order was issued. A copy shall be furnished to the
person named in the citation. If the person named in the citation is not present when the
final order or findings of fact is issued, the order shall be forwarded within seven (7) days of
entry in accordance with the procedures for service and notice set forth herein.
(g) The City or the Code Enforcement Officer may remedy the violation to bring the property
into compliance with the Code, if the citation is not contested or if a final order upholding
the citation is entered by the Code Enforcement Board. In such event, the City shall possess
a lien on the property for all costs of abatement, civil fines for violation, including charges
and fees associated with filing any such lien, and attorney's fees.
(h) Nothing in this section shall prohibit the City from taking immediate action where the
existence of a violation presents imminent danger, a serious threat to the public health,
safety, and welfare, or if in the absence of immediate action, the effects of the violation will
be irreparable or irreversible, as determined by the Fire Chief, the Deputy Chief of the Fire
Prevention Division, Battalion Chief, Fire Marshal, Director of Community Development,
or the City Manager.
Sec. 42-41.5. Rental occupancy permit appeals.
In the event a landlord wishes to appeal a determination by the Deputy Chief of Fire
Prevention or Battalion Chief Building Division to sustain a decision by a Code Officer in
suspending, revoking, or denying a rental occupancy permit pursuant to section 42-73(b), the
appeal shall be taken before the Code Enforcement Board in accordance with the following
provisions:
(1) Upon receipt of an appeal from a landlord, the Code Enforcement Board shall schedule
a hearing. The Board shall hold hearings once a month. All parties to the appeal shall
be notified of the time and place of the hearing by letter mailed by regular first-class
mail, certified mail return receipt requested, by personal delivery, or by leaving the
notice at the person's usual place of residence with any individual residing therein who
is eighteen (18) years of age or older and who is informed of the contents of the notice.
Such notice shall be provided no later than seven (7) days prior to the date of the
hearing. The Board shall forward a written copy of its decision within seven (7) days
after the hearing.
(2) All testimony shall be taken under oath and recorded. Testimony shall be taken from
the Code Officer, landlord, and any witnesses to the violation(s) cited by the Code
Officer in support of his or her suspension, revocation, or denial of a rental occupancy
permit. Formal rules of evidence shall not apply, but fundamental due process shall be
observed and shall govern the proceedings.
(3) The issue to be determined by the Code Enforcement Board shall be whether the
evidence supports the Code Officer's determination of noncompliance with section 42-
69 such that suspension, revocation, or denial of the rental occupancy permit is or was
warranted. The Code Enforcement Board may sustain, reverse, or modify (e.g.
suspending rather than revoking a permit) the action of the Code Officer. The final
decision of the Board shall be mailed to the landlord.
(4) A notice to tenants of the final decision of the Code Enforcement Board shall be
mailed to each tenant and prominently posted on the building. If applicable, the notice
shall indicate the date upon which the tenants must vacate the building and shall
clearly indicate which rental dwelling units are affected.
(5) Any appeal properly taken under this section shall suspend the enforcement of the
Code Officer's determination, unless the Code Officer's determination finds the
landlord's noncompliance to be life threatening, a distinct fire hazard, or imminent
danger.
Sec. 42-42. Appeals; final judgment.
(a) An appeal from any final written order of the Code Enforcement Board may be made to the
McCracken County District Court within thirty (30) days of the date the order is issued. The
appeal shall be initiated by the filing of a complaint and a copy of the Code Enforcement
Board's final order in the same manner as any civil action under the Kentucky Rules of Civil
Procedure.
(b) The action before the District Court shall be limited to a review of the record created before
the Code Enforcement Board. If the court finds that a violation occurred, the offender shall
be ordered to remedy the violation and pay to the City all fines, charges, fees, including
attorney's fees, and penalties occurring as of the date of the judgment. The district court
judge shall provide the offender a reasonable time to remedy the violation. If the offender
does not remedy in the time provided, another notice of violation may be issued, in
accordance with subsection 42-41(b), for another violation of the Code. If the district court
judge fails to provide the offender with time to remedy the violation, the offender shall have
the time provided in the final order of the Code Enforcement Board to remedy the violation.
If the court finds a violation did not occur, the City shall be ordered to dismiss the notice.
The offender shall not be entitled to recover attorney's fees or costs.
(c) If no appeal from a final order of the Code Enforcement Board is filed within the time
period set in subsection (a) of this section, the Code Enforcement Board's order shall be
deemed final for all purposes.
Sec. 42-43. Ordinance fine schedule.
(a) If a citation for a violation of the Code is not contested by the person charged with the
violation, the penalties set forth in this subsection may apply per inspection: If the Code
Enforcement Officer is required to make inspections beyond the initial inspection and one
(1) additional follow-up inspection, to determine if the required corrections have been
made, then the Code Enforcement Board shall assess the following fines not to exceed the
value of the property as determined by the Property Valuation Administrator:
Inspections Each Occurrence
Appliances, Grass, Weeds, Litter, Solid
Waste, Other Nuisances Defined by 42-
50(a)(1)—(7)
$100.00
Inspections First Occurrence — 30 Days
After Final Order or Waiver of
Hearing
Second Occurrence — 60 Days
After Final Order or Waiver of
Hearing
Junk Motor
Vehicles
$100.00 Motor Vehicle
Subject to Tow at Owner's
Expense
Inspections 3rd
Inspection
4th
Inspection
5th
Inspection
and All
Subsequent
Inspections
Property
Maintenance
$250.00 $350.00 $500.00
(b) If the citation is contested and a hearing before the Code Enforcement Board is required, the
penalties may be doubled at the discretion of the Board per inspection not to exceed the
value of the property as recorded by the Property Valuation Administrator, or for a motor
vehicle, not to exceed the fair market value of the motor vehicle as determined by reference
to Kelley Blue Book, NADA or other appropriate Guides, whichever is greater.
Sec. 42-44. Lien; fines, charges, abatement costs, fees, penalties, attorney fees and costs.
(a) The City shall possess a lien on the property owned by the person found by a non-
appealable final order, or by a final judgment of the court, to have committed a violation of
the code for all fines assessed for the violation and for all charges, costs, penalties,
abatement costs, and fees, including, without limitation, attorney's fees and a $50.00
administration fee, incurred by the City in connection with the enforcement of the code. The
lien shall bear interest at the rate of eight (8) percent per annum until paid. An affidavit of
the Code Enforcement Officer shall constitute prima facie evidence of the amount of the
lien and the regularity of the proceedings pursuant to KRS 65.8801 to 65.8839.
(b) A notice of the lien may be recorded in the office of the County clerk. The lien shall be
notice to all persons from the time of its recording and shall bear interest until paid. The lien
shall continue for ten (10) years following the date of the nonappealable final order or final
court judgment.
(c) Subject to section 42-45(9), the lien shall take precedence over all other liens, except State,
County, school board and City taxes, and may be enforced by judicial proceedings,
including a foreclosure action.
(d) In addition to the remedy prescribed in subsection (a) of this section, the property owner
found to have violations of this chapter on his/her property shall be personally liable for the
amount of all fines assessed for the violation and for all charges, costs, penalties, abatement
costs, and fees, including without limitation attorney's fees and a $30.00 administration fee,
incurred by the City in connection with the enforcement of the code. The aforesaid amount
shall bear interest at the rate of eight (8) percent per annum until paid. The City may bring a
civil action against the responsible owner and shall have the same remedies as provided for
the recovery of a debt.
(e) The City shall be entitled to recover from the responsible owner all attorney fees and others
costs incurred by the City by reason of the collection upon and enforcement of the
responsible owner's ' liability hereunder and the lien which secures the same.
(f) Upon payment, determination of the Code Enforcement Board or Court order, the City shall
be authorized to release any lien filed hereunder and recorded in the office of the County
Clerk.
(g) The provisions of this article shall be enforced in the same manner as other violations of this
Code. Any person violating any of the provisions of this article shall be deemed guilty of a
Class B misdemeanor, and upon conviction thereof, shall receive a fine not to exceed
$250.00 or a jail sentence not to exceed ninety (90) days for each offense. Each day that
such violation continues shall constitute a separate offense. This article and the foregoing
penalties shall not be construed to limit or deny the right of the City or any person to such
equitable legal remedies as may be available by law.
Sec. 42-45. Lienholder notification system and liens.
The City shall obtain and maintain priority over previously filed liens, in accordance with
the following provisions:
(1) Individuals and entities, including, but not limited to, lienholders, may register with the
City to receive electronic notification of final orders or liens entered pursuant to this
article.
(2) In order to receive the notification, the registrant shall submit the following
information to the code enforcement staff:
a. Name;
b. Contact person;
c. Mailing address;
d. Physical address;
e. Phone number; and
f. Electronic mailing address.
(3) A registrant may use the email link or electronic form provided on the City website to
submit the information required. It shall be the responsibility of the registrant to
maintain and update the required contact information with the City at least annually
and to update as needed.
(4) Once every ten (10) days, the City shall send electronic mail notification of all final
orders entered pursuant to this article since the last date of notification to each party
registered. The notification shall provide an electronic link to the City code
enforcement database located on the City website. The database shall include the
following information regarding each final order:
a. The name of the person charged with a violation;
b. The physical address of the premises where the violation occurred;
c. The last known mailing address of the owner of the premises where the violation
occurred, if in the exercise of reasonable diligence it is ascertainable;
d. A copy of the full citation subject to the final order;
e. A copy of the findings of the final order, including penalties; and
f. The status of the final order with regard to its ability to be appealed pursuant to
this article, except that the City shall provide an update to registrants if an appeal
is filed on a final order.
(5) At the same time the electronic notification required by subsection (4) of this section is
sent, the City shall update its code enforcement database to reflect the issued final
order, and shall post the notification required by subsection (4) of this section
containing an updated link to the code enforcement database on the City website.
(6) The City shall maintain the records created under this section for ten (10) years
following their issuance.
(7) Except where the violation requires immediate action under section 42-41(h), a
lienholder of record who has registered pursuant to this section may, within forty-five
(45) days from the date of issuance of notification:
a. Correct the violation, if it has not already been abated; or
b. Pay all civil fines assessed for the violation, and all charges and fees incurred by
the City in connection with enforcement of the article, including abatement costs.
(8) The lien provided by this article shall not take precedence over previously recorded
liens if:
a. The City failed to comply with the requirements of this article for notification of
the final order; or
b. A prior lienholder complied with subsection (7) of this section.
(9) A lien that does not take precedence over previously recorded liens shall, if the final
order remains partially unsatisfied, take precedence over all other subsequent liens
except liens for State, County, school board, and City taxes.
(10) The City may record a lien before the forty-five (45) day period established in this
section expires. If the lien is fully satisfied prior to the expiration of the forty-five (45)
day period, the City shall release the lien in the County clerk's office where the lien is
recorded within fifteen (15) days of satisfaction.
(11) Failure of the City to comply or failure of a lien to take precedence over previously
filed liens as provided herein shall not limit or restrict any other remedies the City has
against the property of the violator.
Sec. 42-46. Ordinances enacted for enforcement.
Articles I, II and III of this chapter are enacted for enforcement by the Code Enforcement
Board and/or the Code Officer or Code Official pursuant to KRS 65.8801 et seq.. Additional
ordinances or sections of the Code may be enacted or adopted for enforcement herein.
(1) Property Maintenance Code Adopted. A certain document, one (1) copy of which is on
file in the office of the City Clerk, being marked and designated as "International
Property Maintenance Code 2012 Edition" as published by the International Code
Council, and the property maintenance code currently adopted by the City; and each
and all of the regulations, provisions, penalties, conditions, and terms of said
International Property Maintenance Code and the property maintenance code currently
adopted by the City, are hereby referred to, adopted, and made a part hereof, as if fully
set out in this article, with the additions, insertions, deletions and changes, if any,
prescribed in subsection (2) of this section. Violations of the provisions therein shall be
deemed a nuisance enforceable by this article.
(2) Additions, insertions and changes The International Property Maintenance Code is
amended and revised in the following respects:
a. Section 101.1 (p.1, second (2nd) line). Insert: City of Paducah.
b. Section 103.5; refer to section 42-43(b), Ordinance fine schedule.
c. Section 104.7; A Property Maintenance Permit shall be required for the abatement
of violations under any of the provision of this code.
d. Section 104.8; Prior to a valid work permit being issued to any individual or legal
entity, the individual or legal equity must have no other valid work permits for
properties:
1. Where further code enforcement is necessary or ongoing; or
2. Where work has ceased or it not being completed in a workmanlike or
acceptable manner so as to address the scope of work authorized by any
other valid work permits. Additionally, prior to a valid work permit being
issued to any individual or legal entity, the individual or legal entity must
have no other monies owed to the City of Paducah by way of back taxes,
citations, liens, assessments, or other costs or charges. Whenever a valid
work permit has been issued to upgrade or repair a structure on which the
Code Official has served notice to make corrections or repairs required by
such notice the upgrade or repairs shall be commenced within ten (10) days.
(i) All work shall be conducted, installed and completed in a
workmanlike and acceptable manner so as to serve the results
intended by the order.
(ii) Any cessation of the normal construction or repairs may cause the
permit to become invalid.
(iii) No work permit shall be issued for a structure when the original
permit has become invalid without the applicant going through the
appeals process.
e. Section 111; Means of Appeal is deleted. The Means of Appeals shall be as the
contest procedure to the Code Enforcement Board as provided in this article.
f. Section 202; Insert: Public Nuisance: Includes, but is not limited to, any of the
following:
1. Any physical condition or occupancy of any premises or appurtenances
considered an attractive nuisance to children, including, but not limited to,
abandoned wells, shafts, basements, excavations and unsafe fences or
structures;
2. Any premises that has unsanitary sewerage or plumbing facilities;
3. Any premises designated as unsafe for human habitation;
4. Any premises that is manifestly capable of being a fire hazard, or is
manifestly unsafe or unsecure so as to endanger life, limb or property;
5. Any premises from which the plumbing, heating or facilities required by this
code have been removed, or from which utilities have been disconnected,
destroyed, removed or rendered ineffective, or the required precautions
against trespassers have not been provided;
6. Any premises that is unsanitary, or that is littered with rubbish or garbage, or
that has an uncontrolled growth of weeds; or
7. Any structure that is in a state of dilapidation, deterioration or decay; faulty
construction; overcrowded; open, vacant or abandoned; damaged by fire to
the extent so as not to provide shelter; in danger of collapse or failure; and
dangerous to anyone on or near the premises.
g. Section 301.4; Public Nuisance. All premises shall be kept free from public
nuisances as defined in Section 202.
h. Section 302.4; Insert: Ten (10) inches.
i. Section 304.14 (p.10, first (1st) and second (2nd) line); Insert: May 1 thru October
31.
j. Section 602.3 (p. 17, fifth (5th) line); Insert: September 1 thru May 31.
k. Section 602.4 (p. 17, third (3rd) line); Insert: September 1 thru May 31.
l. The term "Code Official," as used in the International Property Maintenance
Code, shall be deemed to be, inspectors in the Fire Prevention Division or the
Building Division and shall be charged with the administration and enforcement
of this Code.
m. The Code Enforcement Section is hereby created in the Fire Prevention Building
Division and shall be charged with the primary responsibility of enforcement of
this Code.
n. The Board of Appeals referred to in the International Property Maintenance Code
shall be the Code Enforcement Board, as set forth in this article.
(3) Due process and right of entry. Where it is necessary to make an inspection to enforce
the provisions of this Code, or whenever the Code Official has reasonable cause to
believe that there exists in a structure or upon a premises a condition in violation of
this Code, the Code Official is authorized to enter the structure or premises at
reasonable times to inspect or perform the duties imposed by this Code, provided that
if such structure or premises is occupied the Code Official shall present credentials to
the occupant and request entry. If such structure or premises is unoccupied, the Code
Official first shall make a reasonable effort to locate the owner or other person having
charge or control of the structure or premises and request entry. If entry is refused or
the person having charge or control cannot be located, the Code Official shall utilize
the procedures set forth in subsection (4) of this section to obtain an administrative
search warrant, unless a lawful exception to the requirement for a warrant exists.
(4) Administrative search warrant.
a. Definition. Administrative search warrant means a written order of a judge or
other officer authorized by statute to issue search warrants that command the
search or inspection of any property, place or thing, and the seizure,
photographing, copying, or recording of property or physical conditions found.
An administrative search warrant authorizes an officer to enter premises to
conduct any inspection, sampling, and other functions required or authorized by
law to determine compliance with the provisions of an ordinance, code, statute, or
other regulation including, but not limited to, those relating to the use, condition,
or occupancy of property or structures.
b. Who may apply for warrant.
1. Whenever any law, statute or regulation in the Commonwealth of Kentucky,
including but not limited to the Paducah Code of Ordinances, requires or
authorizes an inspection or investigation of any place or thing, the
Administrative or Code Officer charged to enforce that law, acting in the
course of his or her official duties, may apply for an administrative search
warrant. For this purpose, Administrative or Code Officer includes a
Building Inspector, Code Enforcement Officer, Fire Chief, Deputy Chief,
Battalion Chief, Fire Marshal, Director of Community Development, their
deputies, Professional Engineer, Health Inspector, or other duly authorized
representatives, as the case may be.
2. Before filing an application for an administrative search warrant, the
administrative officer shall consult with legal counsel as to its legality in
both form and substance.
c. Contents of application. The application shall:
1. Be supported by an affidavit sufficient under Section 10 of the Kentucky
Constitution and be sworn to before an officer authorized to administer oaths
as provided in the Kentucky Rules of Criminal Procedure or other applicable
law;
2. State the applicant's status in applying for the warrant, the ordinance or
regulation requiring or authorizing the inspection or investigation, and the
nature, scope and purpose of the inspection to be performed;
3. Describe the property or places to be entered, searched, inspected, or seized
in sufficient detail and particularity that the officer executing the warrant can
readily ascertain it;
4. State:
(i) The basis upon which sufficient cause exists to search or inspect
for violations of the ordinance or regulation specified; and
(ii) One (1) of the following:
A. That, for the purpose of making an inspection, access to the
property has been sought from and refused by the regulated
party; or
B. That, after making a reasonable effort, the applicant has been
unable to locate the regulated party; or
C. That the facts or circumstances reasonably show that the
purposes of the inspection or investigation might be frustrated
if entry were sought without first procuring a warrant.
d. Grounds for issuance.
1. An administrative search warrant may issue upon a showing that probable
cause for the inspection, investigation, or seizure exists and that the other
requirements for granting the warrant are satisfied. Probable cause may be
shown by:
(i) Reasonable legislative or administrative standards for conducting a
routine, periodic, or area inspection and that those standards are
satisfied with respect to the location;
(ii) A reasonable administrative inspection program exists regarding
the condition of the property and that the proposed inspection
comes within that program;
(iii) A health, public protection or safety ordinance, regulation, statute,
standard or order and that specific evidence of a condition or
nonconformity exists with respect to the particular location; or
(iv) An investigation is reasonably believed to be necessary in order to
determine or verify the condition of the location based on a tip,
complaint, or the condition of an adjacent space, dwelling or
property.
2. A copy of the administrative search warrant and supporting affidavit shall be
retained by the issuing officer and filed by such officer with the clerk of the
court and administrative body to which the warrant is returnable.
e. Contents of warrant.
1. The warrant:
(i) May direct its execution and return by the administrative officer
charged to enforce the ordinance or regulation specified in the
application;
(ii) Shall specify the property, place, structure, premises, vehicle, or
records to be searched, inspected, entered upon, or seized in
sufficient detail and particularity that the officer executing the
search warrant can readily ascertain it;
(iii) May contain direction as to the time and manner of its execution;
and
(iv) Shall command the return to the appropriate court or administrative
body of any evidence of ordinance violations found, or of any
property seized pursuant thereto, or a description of such property
seized or condition(s) abated, to be dealt with according to law.
f. Execution and return.
1. Unless otherwise prescribed in the warrant, the officer executing an
administrative search warrant shall make return thereof to the appropriate
court within a reasonable time of its execution. The return shall show the
date and hours of service.
2. Except as provided in the following sentence, in executing a search warrant
the person authorized to execute it shall, before entry, make a reasonable
effort to present credentials, authority and purpose to an occupant or person
in possession of the location designated in the warrant and show him or her
the warrant or a copy thereof upon request. If at the time of execution of a
search warrant, the premises is unoccupied or not in possession of any
person, the personnel authorized to execute the warrant need not inform
anyone of his or her authority and purpose, as prescribed in the preceding
sentence, but may promptly enter the designated location at the time
reasonably believed to be unoccupied after orally announcing their
credentials and authority to execute the warrant.
3. If any property is seized incident to the search, the officer shall give the
person from whose possession it was taken (if the person is present) an
itemized receipt for the property taken. If no such person is present, the
officer shall leave the receipt at the site of the search in a conspicuous place.
The return shall be accompanied by any photographs, copies, or other
recordings made, and by any property seized, along with a copy of the
itemized receipt of such property acquired by this section. This subsection
shall not apply to junk motor vehicles removed by contractors pursuant to
section 42-48 of this chapter.
4. The officer may summon as many persons as he deems necessary to assist
him in executing the warrant and may request that a peace officer assist in
the execution of the warrant.
(5) Savings clause. Nothing in this section or in the property maintenance code hereby
adopted shall be construed to affect any suit or proceeding pending in any court, or any
rights acquired, or liability incurred, or any cause of action acquired or existing, under
any act or ordinance hereby repealed as cited in subsection (b) of this section; nor shall
any just or legal right or remedy of any character be lost, impaired or affected by this
section.
(6) Conflicts. If any conflicts exist between the International Property Maintenance Code
and the Kentucky Building Code, the Kentucky Building Code shall take precedence
and control over all such matters.
(7) Collection of costs incurred by city. The City shall be entitled to recover from any
responsible party all reasonable attorney fees and other costs and expenses incurred by
the City by reason of the collection upon and the enforcement of the responsible party's
liability, and the lien which secures same, under the International Property
Maintenance Code as adopted by the City.
Sec. 42-47. Litter.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly indicates
a different meaning:
Aircraft means any contrivance now known or here-after invented, used or designated for
navigation or for flight in the air. Aircraft shall include drones, helicopters and lighter-than-air
dirigibles and balloons.
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Authorized private receptacle means a litter storage and collection receptacle as required
and authorized in section 42-49 and by the Refuse Department.
Commercial handbill means any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original
or copies of any matter of literature:
(1) Which advertises for sale any merchandise, product, commodity, or thing;
(2) Which directs attention to any business or mercantile or commercial establishment, or
other activity, for the purpose of either directly or indirectly promoting the interest
thereof by sales;
(3) Which directs attention to or advertises any meeting, theatrical performance,
exhibition, or event of any kind for which any admission fee is charged for the purpose
of private gain or profit; or
(4) Which, while containing reading matter other than advertising matter, is predominantly
and essentially an advertisement, and is distributed or circulated for advertising
purposes, or for the private benefit and gain of any person or entity so engaged as
advertiser or distributor.
Garbage means putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Litter, garbage, refuse, and rubbish, as defined herein, and all other waste material which, if
thrown or deposited as herein prohibited, tends to create a danger to public health, safety and
welfare.
Motor vehicle means any contrivance, or parts thereof, propelled by power and used for
transportation of persons or property on public streets and highways.
Newspaper means any newspaper of general circulation as defined by general law, any
newspaper duly entered with the Post Office Department of the United States, in accordance with
Federal statute or regulation, and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean and include any periodical or
current magazine regularly published with not less than four (4) issues per year, and sold to the
public.
Noncommercial handbill means any printed or written matter, any sample, or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or
otherwise reproduced original or copies of any matter of literature not included in the aforesaid
definitions of a commercial handbill or newspaper.
Park means a park, reservation, playground, beach, recreation center or any other public
area in the City, owned or used by the City and devoted to active or passive recreation.
Person means any person, firm, partnership, association, corporation, company or
organization of any kind.
Private premises means any dwelling, house, building or other structure, designed or used
either wholly or in part for private residential purposes, whether inhabited or temporarily or
continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch
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steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other
structure.
Public place or property means any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds, and buildings.
Refuse means all putrescible and nonputrescible solid wastes (except body wastes) including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market
and industrial wastes.
Rubbish means nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, interior furniture, interior and exterior decorations, crockery and
similar materials.
Vehicle means any vehicle, device or other contrivance, or parts thereof, propelled by
human or mechanical power in, upon, or by which any person or property is or may be
transported or drawn, including without limitation devices used exclusively upon stationary rails
or tracks, motor vehicles, tractors, boats, motorboats, watercrafts, sailboats, boat and utility
trailers, mobile homes, motor homes, campers, and off-highway vehicles.
Depositing litter in public places. No person shall throw or deposit litter in or upon any
street, sidewalk or other public place within the City except in public receptacles, in
authorized private receptacles for collection, or in official city dumps.
Depositing litter in parks. No person shall throw or deposit litter in any park within the City
except in public receptacles and in such a manner that the litter will be prevented from
being carried or deposited by the elements upon any part of the park or upon any street or
other public place. Where public receptacles are not provided, all such litter shall be carried
away from the park by the person responsible for its presence and properly disposed of
elsewhere as provided herein.
Depositing litter in lakes and fountains. No person shall throw or deposit litter in any river,
fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within or
bordering the City.
Depositing litter on private property; duty to maintain private property free of litter.
Depositing litter on vacant lot. No person shall throw or deposit litter on any open or vacant
private property within the City, whether owned by such person or not.
Manner of placing litter in receptacles. Person placing litter in public receptacles or in
authorized private receptacles shall do so in such a manner as to prevent it from being
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carried or deposited by the elements upon any street, sidewalk or other public place or upon
private property.
(h) Sweeping litter into gutters.
(1) No person shall sweep into or deposit in any gutter, street or other public place within
the City the accumulation of litter from any building or lot or from any public or
private sidewalk or driveway. Persons owning or occupying property shall keep the
sidewalk in front of their premises free of litter.
(2) No person owning or occupying a place of business shall sweep into or deposit in any
gutter, street or other public place within the City the accumulation of litter from any
building or lot or from any public or private sidewalk or driveway. Persons owning or
occupying places of business within the City shall keep the sidewalk in front of their
business premises free of litter.
(i) Throwing litter from vehicle. No person, while a driver or passenger in a vehicle, shall
throw or deposit litter upon any street or other public place within the City, or upon private
property.
(j) Truck loads causing litter; tires carrying dirt or other material onto street. No person shall
drive or move any truck or other vehicle within the City unless such vehicle is so
constructed or loaded as to prevent any load, contents or litter from being blown or
deposited upon any street, alley or other public place. Nor shall any person drive or move
any vehicle or truck within the City, the wheels or tires of which carry onto or deposit in
any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of
any kind.
(k) Dropping litter from aircraft. No person in an aircraft or by use of an aircraft shall throw
out, drop or deposit within the City any litter, handbill or any other object.
(l) Distribution of handbills.
(1) Depositing on street, sidewalk or other public place. No person shall throw or deposit
any commercial or noncommercial handbill in or upon any sidewalk, street or other
public place within the City.
(2) Depositing in or on vehicles. No person shall throw or deposit any commercial or
noncommercial handbill in or upon any vehicle. Provided, however, that is shall not be
unlawful in any public place for a person to hand out or distribute, without charge to
the receiver thereof, a handbill to any occupant of a vehicle who is willing to accept it
and to be responsible for disposing of it.
(3) Depositing on vacant private premises. No person shall throw or deposit any
commercial or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
(4) Depositing on posted private premises. No person shall throw, deposit or distribute any
commercial or noncommercial handbill upon any private premises, if requested by
anyone thereon not to do so, or if there is placed on the premises, in a conspicuous
position near the entrance thereof, a sign bearing the words: "No Trespassing," "No
Peddlers, or Agents," "No Advertisement," or any similar notice, indicating in any
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manner that the occupants of the premises do not desire to be molested or have their
right of privacy disturbed, or to have any such handbills left upon such premises.
(5) Depositing on inhabited private premises.
a. Generally. No person shall throw, deposit or distribute any commercial or
noncommercial handbill in or upon private premises which are inhabited, except
by handing or transmitting any such handbill directly to the owner, occupant, or
other person then present in or upon such private premises. Provided, however,
that, in case of inhabited private premises which are not posted as provided in this
article, such person, unless requested by anyone upon such premises not to do so,
may place or deposit any such handbill in or upon such inhabited private
premises, if such handbill is so placed or deposited as to secure or prevent such
handbill from being blown or drifted about such premises or sidewalks, streets, or
other places, and except that mailboxes may not be so used when so prohibited by
Federal postal law or regulations.
b. Exemption for mail and newspapers. The provisions herein shall not apply to the
distribution of mail by the United States, nor to newspapers (as defined herein),
except that newspapers shall be placed on private property in such a manner as to
prevent their being carried or deposited by the elements upon any street, sidewalk
or other public place or upon private property.
(m) Posting notices on trees or utility poles.
(1) It shall be unlawful for any person to tack, place or post any signs, cards, placards or
advertisements of any character on any utility pole or tree in the public right-of-way,
on or along any of the sidewalks, streets, alleys or public grounds in the City. The City
may place traffic-control signs on utility poles after obtaining a permit from the owner
of the utility pole.
(2) Permits for stretching streamers or placing banners and/or decorations temporarily may
be issued by the office of the Mayor at the Mayor's discretion when in the interest of
charitable, benevolent, patriotic or municipal causes.
Sec. 42-48. Vehicles and appliances.
(a) Definitions. The following words, terms, and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly indicates
a different meaning:
Apparently abandoned means any motor vehicle which does not appear to have been moved
or maintained, as determined by the Code Enforcement Officer, for at least sixty (60) days.
Apparently inoperable means a motor vehicle which does not appear to be capable of
moving a distance of twenty (20) feet under its own power on a flat surface, or which does not
comply with legal requirements for vehicles used or parked on public streets with regard to
safety equipment such as brakes, lights, mirrors, and safety glass, tires, or with regard to vehicle
licensing requirements, and which condition(s) last for at least sixty (60) days.
Appliances means any unit, or part thereof, of household appliances, machinery, furniture,
or equipment, whether functional or ornamental, and whether mechanical or powered by some
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source of energy or not, including, but not limited to, stoves, refrigerators, television sets, beds,
lamps, tools, mowers, garden tractors, building materials, objects of art, and the like.
Enclosed building means a building enclosed on all sides, including a roof and floor, and
constructed of materials permissible for the zone in which it is situated as dictated by chapter 126
of the Paducah Code of Ordinances.
In the open means is upon land that may be viewed from a public street or alley or an
adjoining property.
Junked appliances means any unit, or part thereof, of household appliances, machinery,
furniture, or equipment, whether functional or ornamental, and whether mechanical or powered
by some source of energy or not, including, but not limited to, stoves, refrigerators, television
sets, beds, lamps, tools, mowers, garden tractors, building materials, objects of art, and the like,
the condition of which is one (1) of the following:
Junked motor vehicles means any vehicle, device or other contrivance, or parts thereof, propelled
by human or mechanical power in, upon, or by which any person or property is or may be
transported or drawn, including, without limitation, devices used exclusively upon stationary
rails or tracks, motor vehicles, tractors, boats, motorboats, watercrafts, sailboats, boat and utility
trailers, mobile homes, motor homes, campers, and off-highway vehicles, the condition of which
is one (1) or more of the following:
Motor vehicle means any contrivance, or parts thereof, propelled by power and used for
transportation of persons or property on public streets and highways.
Person means any individual, firm, partnership, association, corporation, company or
organization of any kind.
Public place or property means any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds, and buildings.
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Vehicle means any vehicle, device or other contrivance, or parts thereof, propelled by
human or mechanical power in, upon, or by which any person or property is or may be
transported or drawn, including, without limitation, devices used exclusively upon stationary
rails or tracks, motor vehicles, tractors, boats, motorboats, watercrafts, sailboats, boat and utility
trailers, mobile homes, motorhomes, campers, and off-highway vehicles.
(b) Declaration of nuisance; exceptions.
(1) The presence of any junked vehicle or appliance on public property or on any private
lot, tract or parcel of land or portion thereof, occupied or unoccupied, improved or
unimproved, within the City shall be deemed a public nuisance, and shall further be
considered rubbish or refuse, and it shall be unlawful for any person to cause or
maintain such a public nuisance by wrecking, dismantling, partially dismantling,
rendering inoperable, abandoning or discarding any vehicle or appliance on the real
property of another or to suffer, permit or allow a junked vehicle or appliance to be
parked, left or maintained on one's own real property, or otherwise to return a junked
vehicle or appliance to property after such junked vehicle or appliance was removed or
abated pursuant to this section, provided that this provision shall not apply with regard
to:
a. Any vehicle or appliance in an enclosed building;
b. Any vehicle or appliance on the premises of a business enterprise operated in a
lawful manner, when necessary to the operation of such business enterprise; or
c. Any vehicle or appliance on property occupied and used for repair, reconditioning
and remodeling of vehicles or appliances in conformance with the zoning code of
the City.
(2) Accumulation of vehicles. No person shall accumulate, store or allow more than four
(4) vehicles in the open upon any public property or on any private lot, tract or parcel
of land or portion thereof, occupied or unoccupied, improved or unimproved, within
the City. Such accumulation, storage or allowance shall be deemed a public nuisance
and it shall be unlawful for any person to cause or maintain such a public nuisance,
provided that this provision shall not apply with regard to:
a. Any vehicle in an enclosed building, provided that such storage in an enclosed
building must not create or constitute a health or fire hazard;
b. Any vehicle on the premises of a business enterprise operated in a lawful manner,
when necessary to the operation of such business enterprise; or
c. Any vehicle on property occupied and used for repair, reconditioning and
remodeling of vehicles in conformance with the zoning code of the City.
(3) Classic or collector vehicles. A junk motor vehicle which is owned by a collector of
antique, vintage, historic, classic, or muscle and special interest vehicles, which is in
the process of restoration, and which is recognized by national vehicle organizations
such as the Vintage Motor Car Club of America or SEMA. Such vehicles, when
located in the public view prior to or during the restoration process, shall, upon request
by a Code Enforcement Officer, be moved to an enclosed building, storage, or work
area not visible to the general public.
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(c) Liability for damages to removed vehicle or appliance. Neither the owner or occupant of the
premises from which any aforesaid vehicles or appliances shall be removed, their servants
or agents, nor any department of the City, or its agents, shall be liable for any loss or
damage to the vehicle or appliance while being removed or as a result of any subsequent
sale or other disposition.
Compliance by removal of vehicle or appliance by owner. The owner's removal of the
vehicle or appliance declared to be a nuisance pursuant to this section from the premises
within seven (7) days after receipt of notice of violation from the City shall be considered
compliance with the provisions of this section and no further action shall be taken against
nor any fine imposed against the owner of the vehicle or appliance or the owner or occupant
of the premises. Written permission given to the Code Enforcement Officer for the removal
of the vehicle or appliance by the owner of same or the owner or occupants of the premises
on which it is located shall be considered compliance with the provisions of this section on
their part and no further action shall be taken against the one giving such permission, except
for collection of towing charges or hauling costs for the removal of the nuisance.
Compliance by removal of junk motor vehicle by owner within thirty (30) days of final order
or waiver of hearing. The owner's removal of the vehicle declared to be a nuisance pursuant
to this section from the premises between seven (7) and thirty (30) days after receipt of
notice of violation from the City shall be considered compliance with the provisions of this
section and no further action shall be taken against the owner of the vehicle or the owner or
occupant of the premises except for the fine set forth in section 42-43(a). Written
permission given to the Code Enforcement Officer for the removal of the vehicle by the
owner of same or the owner or occupants of the premises on which it is located shall be
considered compliance with the provisions of this section on their part and no further action
shall be taken against the one giving such permission, except for collection of towing
charges for the removal of the nuisance.
Removal of junk motor vehicles. Sixty (60) days following a final order finding a violation
or waiver of a hearing as set forth in section 42-40 and section 42-41, the Code Enforcement
Board shall provide notice to the owner of the real property where the junk motor vehicle is
situated, as well as to the registered owner of the junk motor vehicle that has been declared
to be a nuisance pursuant to this section, that such vehicle will be removed from the
property and towed at the owner's expense. Such notice shall be mailed via certified mail no
less than fourteen (14) days prior to the date the junk motor vehicle is to be towed from the
property, and shall include the make, model, license number and vehicle identification
number of the vehicle, and the location from where the vehicle will be towed. Neither the
City of Paducah nor the Code Enforcement Board or its officers shall be liable for any
damage or loss to the junk motor vehicle or its contents during or after towing.
Right of entry. In the enforcement of this section, a Code Enforcement Officer, and duly
authorized agents, assistants, employees, or contractors, may enter upon private or public
property to examine the vehicle or appliance, or obtain information as to the identity of the
vehicle or appliance and of the owner thereof, and to remove or cause removal of the
vehicle or appliance declared to be a nuisance pursuant to this article.
Section supplemental to other regulations.
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(1) This section is not the exclusive regulation of abandoned, wrecked, dismantled or
inoperative vehicles or appliances or the accumulation and storage of vehicles within
the City. The provisions of this section are supplemental and in addition to all other
regulatory codes, statutes and ordinances heretofore enacted by the City, State or any
other legal entity or agency having jurisdiction.
(2) The provisions of this section shall be deemed cumulative of the provisions and
regulations contained in this Code, save and except that, where the provisions of this
section and the sections hereunder are in conflict with the provisions elsewhere in this
Code, then the provisions contained herein shall prevail.
Sec. 42-49. Solid waste.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly indicates
a different meaning:
Back door pickup means requested by residence to have a point of pickup other than what is
assigned.
Bulk waste means any items commonly handled in bulk form, including, but not limited to,
any discarded appliance such as hot water heaters, stoves, air conditioners and refrigerators; any
discarded furniture such as couches, chairs and mattresses; trees or tree limbs in excess of forty-
eight (48) inches in length and greater than fifteen (15) inches in diameter; or tree stumps.
Business means and applies to any establishment or firm wherein an occupational license is
required by the City, except as otherwise provided herein.
Commercial waste means any waste generated by a business establishment, excluding such
waste as designated in subsection (e) of this section.
Commercial waste container means dumpsters of various sizes: two (2), four (4), six (6) and
eight (8) cubic yard capacity. Dumpsters shall remain the property of the City.
Department means the Public Works Department of the City of Paducah.
Department in charge means the Public Works Department will be charged with carrying
out the duties of the provisions of this section.
Division means the Solid Waste Division of the Public Works Department.
Green waste means and includes, but is not limited to, all accumulations of grass,
shrubbery, weeds or cuttings from any of the foregoing, or pine needles, and other waste
incidental to the growth, maintenance or care of lawns, or shrubbery, vines and gardens. The
term "green waste" shall not be taken to include trees or tree limbs in excess of forty-eight (48)
inches in length and greater than fifteen (15) inches in diameter, tree stumps, used or broken
appliances, furniture, bedding, building materials, lumber or other material of like nature. (See
Bulk waste.) In addition, the total volume of green waste placed for collection shall not exceed
ten (10) feet in length and sixty (60) inches in height per pickup.
Multiple dwelling means a structure or structures having more than one (1) single-family
unit, and shall include apartment buildings, motels and hotels.
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Premises means land or buildings, or both, occupied or used by one (1) or more households
or one (1) or more business places.
Residence means a single-family residential unit.
Residential waste means every accumulation of animal, fruit or vegetable matter that attends
the preparation, use, cooking, and dealing in, or storage of, meats, fish, fowl, fruits or vegetables.
This also includes any other matter of any nature whatsoever which is subject to decay and the
generally noxious or offensive gases or odors which, during or after, may serve as breeding or
feeding material for flies or other germ-carrying insects; and any waste accumulations of paper,
wooden or paper boxes, tin cans, bottles or other containers, sweepings, and all other
accumulations of a nature usual to housekeeping.
Residential waste container means green mobile cart (capacity ninety-six (96) gallons). Said
container shall remain the property of the City.
Residential waste container (service assist) means blue mobile cart (capacity ninety-six (96)
gallons). Said container shall remain the property of the City.
Service assist means when no individual in the household is physically or mentally capable
of maneuvering the waste container to the designated point of pickup.
Solid waste means all forms of waste as defined herein, including bulk, commercial, green
and residential waste.
Trailer park, mobile home park means any business enterprise maintaining premises for the
rent of mobile homes or house trailers and/or mobile home or house trailer sites.
(b) Authority and duties of City Manager.
(1) The City Manager or designee shall have the authority to make and modify, as
necessary, the days of collection, location of containers, and such other matters
pertaining to the collection, transportation and disposal of waste.
(c) Preparation of waste.
(1) Residential waste. All residential waste must be contained within the confines of the
residential waste container. The container shall be kept tightly covered at all times
except when it becomes necessary to lift covers for the purpose of depositing waste or
for the purpose of emptying such waste container in a solid waste truck. No medical,
hazardous and/or toxic waste or liquids will be deposited into a residential waste
container.
(2) Commercial waste. All commercial waste must be contained within the confines of the
appropriate commercial waste container. No medical, hazardous and or toxic waste or
liquids will be deposited into a commercial waste container.
(3) Green waste. All green waste which is absorbent, such as grass and leaves, shall be
contained in bags (not to exceed fifty (50) pounds) and kept separate from residential
waste. All trimmings, such as hedge or tree limbs (not greater than fifteen (15) inches
in diameter), vines and shrubbery shall be bundled in bundles not greater than forty-
eight-inch lengths and not to exceed fifty (50) pounds in weight. All bags and bundles
shall be placed at the household's designated point of pickup. In addition, the total
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volume of green waste placed for collection shall not exceed ten (10) feet in length and
sixty (60) inches in height per pickup.
(4) Bulk waste. Bulk waste shall be picked up at the designated point of pickup. All items
shall be prepared for disposal in accordance with all local, State, and Federal laws.
(d) Location of containers; collection.
(1) Restrictions on collectors. City solid waste collectors shall not enter houses or
buildings for the collection of solid waste nor shall they accept any money or gifts for
their services.
(2) Separation of waste from non-waste items. Solid waste shall not be stored in close
proximity to other effects which are not desired to be collected, but shall be reasonably
separated in order that the collectors can clearly distinguish between what is to be
collected and what is not.
(3) Residential collection.
a. The City shall collect residential waste once a week in accordance with a schedule
prepared by the City Manager or designee.
b. It shall be the responsibility of each occupant, on the scheduled day of collection,
to place the occupant's residential waste container at the designated point of
collection (curbside, street side or in an accessible alley) not later than 4:00 a.m.
the day of scheduled pickup, unless otherwise authorized by the City Manager or
designee. The container shall be placed in such a manner as not to interfere with
overhead power lines or tree branches, parked cars, vehicular traffic, or in any
other way that would constitute a public hazard or nuisance.
c. Waste containers may be placed at the point of pickup the evening before the
scheduled pickup service. Waste containers shall be removed from the point of
pickup not later than 11:00 p.m. of the day of the scheduled pickup.
d. Waste containers, when not out for collection on the scheduled pickup day, shall
be stored away from the front of any building or premises to the extent
practicable. Waste containers shall not be permanently maintained on or
immediately adjacent to any street or sidewalk. Exceptions may be made where
no alternative storage location is reasonably available, but in such cases,
containers must be kept as screened and unobtrusive as possible when not out for
collection.
e. If accumulation of residential waste regularly exceeds the capacity of the ninety-
six-gallon container, the City Manager or designee may assign the resident an
additional ninety-six-gallon container, at such fees or charges as the City
Commission may establish from time to time by municipal order.
f. The City may provide pickup service at other than the designated location, at such
fees or charges as the City Commission may establish from time to time by
municipal order. The location of the pickup will be approved by the City Manager
or designee.
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g. The City Manager or designee shall have sole discretion in verifying the need for
a service assist (blue residential waste container) and the determination of the
point of pickup for said service assist.
1. In the event the occupant has difficulty in using the refuse container in the
designated area or would create a hardship, the occupant shall notify the City
Manager in writing stating the basis for the difficulty and what relief is
requested.
2. The City Manager or designee upon a showing of physical handicap or
medical condition by written documentation or sufficient proof as to physical
conditions hindering compliance, may grant the relief requested or other
appropriate relief.
3. These conditions shall apply when there is no one present in the household
who is able to move the container to the designated point of pickup.
h. The City shall collect green waste in accordance with a schedule prepared by the
City Manager or designee. Collection will be at the household's curbside or street
side point of pickup. The City may pick up green waste in excess of the
specifications outlined in this division for a fee established by the City
Commission by municipal order from time to time.
i. No provision of this section shall be construed to prevent any person from
transporting or disposing of solid waste produced by the household. Disposal by
such means shall not exempt such person from the obligation to pay the solid
waste collection service charges.
(4) Container damage or loss. Residential waste container and commercial waste
container shall both remain the property of the City at the premises where delivered.
The premises' owner or occupant and/or commercial establishment shall maintain their
assigned waste containers and the surrounding area in a clean, neat, sanitary condition.
Residential and commercial waste containers shall be cleaned and disinfected on a
regular basis by the premises' owner or occupant or business utilizing the waste
container. Containers which are damaged, destroyed, or stolen through neglect,
improper use or abuse by the occupant-users shall be replaced by the City at the
expense of the occupants or the owner of the residence. Containers which are damaged
in the course of normal and reasonable usage or which are damaged, destroyed, or
stolen through no abuse, neglect, or improper use of the occupant-users or residence
owner shall be repaired or replaced at the sole discretion of the City, at no charge to the
occupant-users or residence owners. The containers shall not be damaged, destroyed,
defaced or removed from the premises by any person. Markings and identification
devices on the containers, except as placed or specifically permitted by the City, are
expressly prohibited and shall be regarded as damage to the containers.
(5) Bulk waste.
a. The City will provide pickup of bulk waste in accordance with a plan prepared by
the City Manager or designee, from the household's designated point of pickup.
This is a separate service and will be provided at such fees or charges as the City
Commission may establish from time to time by municipal order.
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b. The owner of any vacant lot may make arrangements with the City for pickup of
bulk waste. The location of the pickup shall be determined by the City Manager or
designee. Pickup will be provided at such fees or charges as the City Commission
may establish from time to time by municipal order.
(6) Commercial collection. Collection of commercial service shall be made at least
weekly, and more frequently if deemed necessary by the City Manager or designee to
prevent unsanitary or unsightly accumulation of solid waste. The City Manager or
designee shall establish routes of varying frequency for collection and assign each
commercial or industrial establishment to the route and frequency which is most
adapted to its collection needs.
a. All commercial establishments/businesses shall utilize a commercial waste
container (two (2), four (4), six (6) and eight (8) cubic yard dumpster) unless
otherwise authorized by the City Manager or designee.
b. Commercial waste containers must be clear of all obstructions and obstacles at all
times to allow for the proper service and inspection. The service schedule is
generally 4:00 a.m. to 12:30 p.m. Monday through Saturday.
c. New commercial waste accounts, as of November 1, 1997, shall be required to
place the container on approved service pads to be constructed of eight (8) inch
thick concrete having a minimum compressive strength of four thousand (4,000)
psi containing fiber mesh or woven wire and of a size not less than twelve (12)
feet wide and thirty (30) feet long. Exceptions of the aforementioned dimensions
for width and length shall be at the discretion of the City Engineer. All exceptions
will be as a result of physical features adjacent to the approved site. The property
owner will be responsible for all repairs necessary as a result of servicing the
dumpster.
d. The location shall be approved through the City prior to placement. The approval
will be a process of the site plan evaluation. The location of the pad will provide
freedom of access of solid waste vehicles unimpeded by parked cars. The service
pad will be located in a manner as to allow the straightest route into the dumpster.
The location will limit turning of refuse vehicles to service the dumpster.
e. All dumpsters should be located as near to the rights-of-way as practical, but not
in the right-of-way.
f. Commercial accounts may request an additional unscheduled pickup. This service
will be provided at such fees or charges as the City Commission may establish
from time to time by municipal order.
(7) Seasonal collection service. The schedule for collection of bagged leaves shall be
established by the City Manager or designee based on weather conditions caused by
either an early or late fall.
(e) Unlawful accumulation or disposal of waste; disturbing containers.
(1) Disposal requirements generally. The disposal of solid waste in any quantity by an
individual, householder, establishment, firm or corporation in any place, public or
private, other than at the site or sites designated and/or with properly approved permits,
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is expressly prohibited. Such disposal methods shall include the maximum practical
protection for control of rodents, insects, and nuisances at the place of disposal.
(2) Unlawful accumulations.
a. No person shall permit to accumulate on such person's premises any solid waste
except in containers of the type specified in this section, and no odiferous,
unsanitary, offensive or unsightly wastes other than solid waste shall be permitted
to accumulate on such premises. Noncompliance with the provisions of this
section shall constitute a public nuisance.
b. The occupant of the premises or, in the case of unoccupied premises, the owner,
shall be responsible for maintaining, in a clean and sanitary condition free of all
solid waste, the sidewalks, ditches, curbs/gutters and unpaved/undeveloped
portion of rights-of-way abutting such premises.
(3) Disturbing containers. At no time shall any person rifle, pilfer, dig into or in any
manner disturb containers containing solid waste.
(4) Removal of waste by contractors, public utilities, builders, tree trimmers and
landscapers. Contractors, public utilities, builders, tree trimmers, and landscapers shall
be responsible for the removal of all trash and debris generated during the course of
their work, at their own expense. However, green waste generated by such parties-such
as grass clippings, shrubbery trimmings, vines, and small branches-may be placed for
City collection provided it fully conforms to the definition and limitations of green
waste as set forth in this ordinance. All other materials, including but not limited to tree
trunks, large limbs exceeding ordinance size limits, roots, stumps, concrete slabs,
concrete blocks, bricks, construction or demolition debris, and similar materials, shall
not be collected by the City and must be removed from the premises by the responsible
party.
(5) Prohibited substances in city-owned containers. The following substances are hereby
prohibited and shall not be deposited in any city-owned solid waste container, either
residential or commercial:
a. Flammable liquids, solids or gases, such as gasoline, benzene, alcohol or other
similar substances.
b. Any material that could be hazardous or injurious to city employees or which
could cause damage to city equipment.
c. Building material/debris.
d. Hot materials such as ashes, cinders, and the like.
e. Human or animal feces are hereby prohibited from being placed in any solid
waste container unless placed and secured in a plastic bag.
f. Carcasses of dead animals.
(6) Industrial, hazardous, toxic, medical and infectious waste. All industrial, hazardous,
toxic, medical, and infectious waste, including, but not limited to, hypodermic
syringes, shall be disposed of by the industry, manufacturer, or processing plant
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generating such waste under such methods and conditions as shall be approved by all
applicable State or Federal guidelines.
(7) Dumping in stream, ditch, sewer or drain. It shall be unlawful for any person, firm, or
other entity, regardless of form, to dump waste in any form into any stream, ditch,
storm sewer, sanitary sewer, or other drain.
(f) Open burning. It shall be unlawful for any person, firm or other entity, regardless of form,
to burn or attempt to burn solid waste on private or public property within the City limits.
Sec. 42-50. Other nuisances.
(a) Certain conditions declared nuisance. It shall be unlawful for the owner, occupant or person
having control or management of any land within the City to permit a public nuisance to
develop thereon. The following conditions are declared to be public nuisances:
(1) Dangerous trees or stacks adjoining street. Any tree, stack or other object standing in
such a condition that it will, if the condition is allowed to continue, endanger the life,
limb or property of, or cause hurt, damage or injury to, persons or property upon the
public streets, sidewalks, alleys, or public ways adjacent thereto, by the falling thereof
or of parts thereof.
(2) Accumulation of rubbish. An accumulation on any premises of filth, refuse, trash,
garbage, or other waste material which endangers the public health, welfare, or safety,
or materially interferes with the peaceful enjoyment by owners or occupants of
adjacent property because of the danger that it will catch or communicate fire, attract
and propagate vermin, rodents, or insects, or blow rubbish into any street, sidewalk, or
property of another.
(3) Storage of explosives. The storage of explosive material which creates a safety hazard
to other property or persons in the vicinity.
(4) Weeds and grass. The excessive growth of weeds, grass, or other vegetation, except
flowers or other ornamental vegetation, which are well maintained. Unless otherwise
provided, the term "excessive" shall mean growth to a height of ten (10) inches or
more.
(5) Open wells. The maintenance of any open, uncovered, or insecurely covered cistern,
cellar, well, pit, excavation, or vault situated upon private premises in any open or
unfenced lot or place.
(6) Trees and shrubbery obstructing streets, sidewalks, and drainage. The growing and
maintenance of trees or shrubbery which in any way interfere with the use,
construction, or maintenance of streets, public ways, or sidewalks, or constitute an
obstruction thereof.
(7) Illegal, dilapidated, or obsolete signs. It shall be unlawful for the owner, occupant, or
person having control or management of any land within the City to permit to exist on
such property a sign, the condition of which is deemed dilapidated, unsafe, in a
condition of disrepair, abandoned, or otherwise illegal as defined in section 126-76.
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(8) Imminent danger. Nothing in this article shall prohibit the City from taking immediate
action to remedy a violation of its articles when there is reason to believe that the
violation presents a serious threat to the public health, safety, and welfare, or if in the
absence of immediate action, the effects of the violation will be irreparable or
irreversible.
(b) Responsibility for nuisances created by others. For the purposes of this section, it shall not
be essential that the nuisance be created or contributed to by the owner, occupant, or person
having control or management of the premises, but merely that the nuisance be created or
contributed to by licensees, invitees, guests, or other persons for whose conduct the owner
or operator is responsible, or by persons for whose conduct the owner or operator is not
responsible, but by the exercise of reasonable care ought to have become aware of.
Sec. 42-51. Reserved.
Sec. 42-52. Illicit discharges.
(a) Purpose and scope. This section is intended to protect the general health, safety, and
welfare of the citizens of the City by declaring illicit discharges into the storm sewer system
to be nuisances, and more specifically:
(1) To protect and enhance the water quality of watercourses and water bodies in a manner
pursuant to and consistent with the Federal Clean Water Act by prohibiting non-
stormwater discharges and connection to the municipal separate storm sewer system
(MS4), collectively called stormwater conveyance system.
(2) To prohibit illicit discharges and connections to the MS4.
(3) To establish legal authority to carry out all inspection, surveillance and monitoring,
and enforcement procedures necessary to ensure compliance with this section.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly indicates
a different meaning:
Enforcement agency means the City Engineering Department and its duly authorized
representatives or designees.
Hazardous materials means any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, biological or
infectious characteristics may cause, or significantly contribute to, a substantial present or
potential hazard to human health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Illicit discharge means any direct or indirect non-stormwater substance or hazardous
material disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any
means, intentionally or unintentionally, into the MS4 or any area that has been determined to
drain directly or indirectly into the MS4, except as exempted in subsection (e) of this section.
Illicit connection means any drain or conveyance, whether on the surface or subsurface,
which allows an illicit discharge to enter the MS4. Included are conveyances which allow any
non-stormwater discharge including sewage, process wastewater, and wash water to enter the
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storm drain system and any connections to the storm drain system from indoor drains and sinks,
regardless of whether said drain or connection had been previously allowed, permitted, or
approved.
Inspector means a person designated by the City Engineer or the enforcement agency.
Municipal Separate Storm Sewer System (MS4) of Paducah means a conveyance, or system
of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, and storm drains designed or used for collecting or
conveying stormwater that is owned or operated by the City and discharges to waters of the
Commonwealth. Sanitary and combined sewers are not included in the definition of the
municipal separate storm sewer system.
Non-stormwater discharge means any discharge to the MS4, that is not composed solely of
stormwater except as permitted by subsection (e) of this section.
Pollutant means anything which causes or contributes to pollution. Pollutants may include,
but are not limited to, paints, varnishes, and solvents; oil and other automotive fluids; non-
hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other
discarded or abandoned objects, ordinances, and accumulations, so that same may cause or
contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances
and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building or structure; and noxious or
offensive matter of any kind.
Premises means the area of land, site, grounds, or property on which the illegal discharge
emanates.
Utility means the owner/operator, public or private, of any underground or overhead line,
facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute
communications, data, electricity, power, heat, gas, oil, petroleum products, potable water,
stormwater, steam, sewage and other similar substances.
Watercourse means any natural or improved stream, river, creek, ditch, channel, canal,
conduit, gutter, culvert, drain, gully, swale, or wash in which waters flow either continuously or
intermittently.
Wetlands means a lowland area, such as a marsh that is saturated with moisture, as defined
by the United States Army Corps of Engineers.
General provisions.
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(4) The standards and requirements set forth herein and promulgated pursuant to this
section are minimum standards. This section does not intend nor imply that compliance
by any person, company, developer, or any other entity will ensure that there will be no
contamination, pollution, nor unauthorized discharge of pollutants into the MS4.
(d) Prohibition of discharges and declaration of nuisance; exceptions.
(1) No person, company, developer or any other entity shall discharge or cause to be
discharged into the MS4 any pollutants including, but not limited to, hazardous
materials or waters containing any pollutants that cause or contribute to a violation of
applicable water quality standards, other than stormwater. The commencement,
conduct or continuance of any illicit discharge is prohibited.
(2) This section does not apply to the following categories of non-stormwater discharges
or flows, unless the City Engineer and/or enforcement agency of the regulated MS4
identifies them as significant contributors of pollutants to its MS4: water line flushing,
landscape irrigation, diverted stream flows, rising ground waters, uncontaminated
ground water infiltration, uncontaminated pumped ground water, discharge from
potable water sources, foundation drains, air conditioning condensation, irrigation
water, springs, water from crawl space pumps, footing drains, lawn watering,
individual residential car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, and street wash water.
(3) The prohibition of discharges or flows shall not apply to any non-stormwater
discharges permitted under a NPDES permit, waiver, or waste discharge order issued
to the discharger and administered by the Kentucky Division of Water under the
authority of the Federal Environmental Protection Agency, provided that the discharger
is in full compliance with all requirements of the permit, waiver, or order and other
applicable laws and regulations, and, provided that written approval has been granted
for any discharge to the storm drain system.
(4) The construction, use, maintenance or continued existence of illicit connections to the
storm drain system is prohibited. This prohibition includes without limitation, illicit
connections made in the past, regardless of whether the connection was permissible
under law or practice applicable at the time of connection.
(e) Rules and regulations.
(1) Compliance by elimination of illicit discharges. Notwithstanding the requirements of
subsection (d) of this section, the City Engineer and/or enforcement agency may
require by written notice that the person, property owner, occupant, tenant, lessor,
lessee, or agency (hereinafter referred to as "party") responsible for an illicit discharge
immediately, or by a specified date, discontinue the discharge and, if necessary, take
measures to eliminate the source of the discharge to prevent the occurrence of future
illegal discharges. The elimination of an illicit discharge within three (3) days after
receipt of notice of violation from the City shall be considered compliance with the
provisions of this article and no further action shall be taken. Written permission given
to the City Engineer and/or enforcement agency for the removal of the illicit discharge
and/or illicit discharge sources on the premises on which it is located shall be
considered compliance with the provisions of this section and no further action shall be
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taken against the party, except for the collection of all costs, expenses and/or charges
for the removal of the nuisance.
(2) Monitor and analyze. The City Engineer and/or enforcement agency may require, by
written notice, that any party engaged in any activity and/or owning or operating any
property or facility which has been determined to contribute to stormwater pollution,
illicit discharges, and/or non-stormwater discharges to the MS4 to undertake at said
party's expense such monitoring and analyses and furnish such reports to the City
Engineer and/or enforcement agency as deemed necessary to determine compliance
with this section.
(3) Notification of spills. Notwithstanding other requirements of local, State and Federal
law, as soon as any party responsible for a property, facility or operation, or
responsible for emergency response for a property, facility or operation, has
information of any known or suspected release of pollutants or hazardous materials
which are resulting or may result in illegal discharges to the MS4, said party shall take
all necessary steps to ensure the discovery, containment, and cleanup of such release.
In the event of such a release of a hazardous material, said party shall immediately
notify emergency response officials of the occurrence via emergency dispatch services
(911). In the event of a release of non-hazardous materials to the MS4, said party shall
notify City Engineer and/or enforcement agency in person or by phone or facsimile no
later than 2:00 p.m. of the next business day. Notifications shall be confirmed by
written notice addressed and mailed to the City Engineer and/or enforcement agency
within three (3) business days of the original notice.
(f) Inspection, monitoring, and remediation.
(1) Right of entry and inspection. Whenever the City Engineer and/or enforcement agency
has cause to believe that there exists, or potentially exists, any condition which
constitutes a violation of this section, the City Engineer and/or enforcement agency
may enter the believed violating premises served by the MS4 at all reasonable times to
inspect the same.
(2) Urgency abatement. The City Engineer and/or enforcement agency is authorized to
require immediate abatement of any violation of this section that constitutes an
immediate threat to the health, safety or well-being of the public. If any such violation
is not abated immediately as directed by the City Engineer and/or enforcement agency
the City is authorized to enter onto private property and to take any and all measures
required to remediate the violation. Any expense related to such remediation
undertaken by the City shall be fully reimbursed by the property owner and/or
responsible party.
(3) Sampling devices and testing. During any inspection as provided herein, the City
Engineer and/or enforcement agency may take any samples and perform any testing
deemed necessary to aid in the pursuit of the inquiry or to record site activities. The
cost of all testing may be passed on to the party, owner or operator of the premises
where the illicit discharge emanates.
(g) Section supplemental to other regulations.
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(1) This section is not the exclusive regulation pertaining to illicit discharges and the City's
storm sewer systems (MS4). Illicit discharges are hereby declared to be a public
nuisance and unlawful as set out in subsection (d) of this section. The provisions of this
section are supplemental and in addition to all other regulatory codes, statutes and
ordinances heretofore enacted by the City, State or any other legal entity or agency
having jurisdiction.
(2) The provisions of this section shall be deemed cumulative of the provisions and
regulations contained in this Code, save and except that, where the provisions of this
section and the sections hereunder are in conflict with the provisions elsewhere in this
Code, then the provisions contained herein shall prevail.
(3) Acts potentially resulting in a violation of the Federal Clean Water Act. Any person
who violates any provision of this section or any provision of any permit issued by the
City may also be in violation of the Clean Water Act and may be subject to the
sanctions of those acts including civil and criminal penalties. Any enforcement action
authorized under this section may also include written notice to the party of such
potential liability.
Secs. 42-53—42-59. Reserved.
Sec. 42-60. Petition for reduction, waiver, and release.
(a) After an order from the Code Enforcement Board has become final and not appealable, a
petition may be initiated by a property owner for a conditional waiver of fines levied by the
Fire Chief, the Deputy Chief in charge of the Fire Prevention Division, or Battalion Chief
Director of Community Development or their designee as long as abatement is to be started
and completed within thirty (30) days. Any petition for conditional waiver of fines shall be
presented to the Fire Chief, the Deputy Chief in charge of the Fire Prevention Division, or
Battalion Chief Director of Community Development or their designee in their absence, no
later than seven (7) days following a final order under section 42-40(6), (7) or section 42-
41. A petition requesting the reduction or waiver of civil fines already determined to be
final and the release of liens securing those fines shall be left to the discretion of the Fire
Chief, the Deputy Chief in charge of the Fire Prevention Division, or Battalion Chief
Director of Community Development or their designee for conditional waivers.
(b) A petition may also be initiated to facilitate a real estate sales transaction by the filing of a
petition with the Deputy Chief in charge of Fire Prevention Director of Community
Development or their designee for the reduction or waiver of citations, fines, charges, or
fees levied by the Code Enforcement Board. Only the civil fines levied pursuant to section
42-43 may be petitioned to be reduced or waived. No other costs, charges, administrative
fees or attorney's fees can be petitioned for reduction or waiver.
(c) A petition initiated to facilitate a real estate transaction shall be submitted to the Deputy
Chief in charge of Fire Prevention, or in his/her absence, the Battalion Chief, Director of
Community Development or their designee and shall contain the following information:
(1) The name, address, and contact information of the petitioner and/or the petitioner's
legal representative;
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(2) A specific request for the conditional waiver of fines or a specific request for the
waiver of citations, fines, charges, or fees requested and/or any liens to be released
relating to a real estate transaction;
(3) A statement setting forth the reasons why the Fire Chief, Deputy Chief in charge of the
Fire Prevention Division, or the Battalion Chief Director of Community Development
or their designee should consider an appeal and waiver;
(4) A computation of all monies owed to the City pertaining to the real property in
question, including, but not specifically limited to, back taxes, actual costs, liens of any
and all types, charges, assessments, administrative fees, etc. and a check accompanying
the payment of all monies owed to the City except for the amounts to be reduced or
waived shall be tendered with the petition;
(5) The name and contact information of the person or entity purchasing the real property
in question; and
(6) The name of the real estate agent(s) or broker(s) facilitating the sale of the real
property in question.
(c) Denial of a petition to facilitate a real estate transaction may be appealed to the Code
Enforcement Board within seven (7) days of denial. Appeal of denial of the petition initiated
to facilitate a real estate sales transaction shall be presented to the Code Enforcement Board
at their next regularly scheduled meeting following a final Order under section 42-41. No
special or called meeting of the Code Enforcement Board is specifically required by this
article. The Code Enforcement Board shall consider each petition presented and render a
determination as to whether or not the petition shall be granted or denied. The Code
Enforcement Board shall conduct its hearings on petitions to facilitate real estate
transactions and on appeal from a final denial by the Fire Chief, Deputy Chief in charge of
Fire Prevention Division, or the Battalion Chief Director of Community Development or
their designee in the same manner as outlined by section 42-40.
ARTICLE III. RESIDENTIAL RENTAL OCCUPANCY PERMITS
Sec. 42-61. Purpose and intent.
(a) The purpose of this article is to protect the public health, safety and general welfare of the
people of the City in occupied dwellings by recognizing that the offering for rental of
dwelling units is a business and by classifying and regulating such business.
(b) It is not the intention of the City to interfere with contractual relationships between tenant
and landlord. The City does not intend to intervene as an advocate for either part, or act as
arbiter, nor be receptive to complaints from tenants or landlords which are not related to the
provisions of this article.
Sec. 42-62. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
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Accessory living quarters mean living quarters within an accessory building, which may not
have kitchen facilities.
Bed and breakfast means a residential dwelling unit in which more than one (1) but not
more than five (5) guest rooms are used to provide or offer overnight accommodations for
transient guests for compensation. A tourist home is included in the meaning of "bed and
breakfast."
Building means any structure having enclosed space and a roof for the housing or enclosure
of persons, animals or chattels. The term "building" includes the term "structure."
Code means the ordinances of the City that relate to the fitness for habitation construction,
property maintenance, nuisances, occupancy, zoning, and use of any rental residential dwelling
unit. This specifically includes the provisions of this chapter, and chapters 18, 54, and 126.
Code Official or Code Officer means and includes the Chief Building Inspector, Deputy
Building Inspector, Code Enforcement Officers, Fire Marshal, Fire Inspector, and Police
Officers, as they are empowered to act in their various capacities, including but not limited to the
authority granted to them under KRS 227.200 et seq., KRS 65.8801 et seq., 815 KAR 7:070, et
seq., and 815 KAR 10:060 et seq. Where authority is granted under KRS ch. 227, 815 KAR 7, or
815 KAR 10, Code Official or Code officer shall mean Fire Code Officials.
Dwelling, assisted care, means a building, or portion thereof, and consisting of five (5) or
more bedrooms, used for residential occupancy by a group. The dwelling is characterized by
tenants with separate bedrooms for sleeping and that there are shared common areas for
reception, recreation, living, cooking, laundry and the like. The unit is further signified by the
presence of an employee that provide various services such as housekeeping, maintenance,
cooking, security, personal care, and transportation. This definition is distinguished from, and is
intended not to conflict with KRS 100.982 and 100.984.
Dwelling, multiple, means a building, or a portion thereof, used for occupancy by three (3)
or more families living independently of each other and used for rental residential occupancy for
rental occupancy lasting thirty (30) days or more.
Dwelling, one (1) family, means a building used for residential occupancy by one (1) family.
Dwelling, rental, means a building or portion thereof, used primarily for rental residential
occupancy for periods of thirty (30) days or more, including one (1) family and multiple
dwellings, and shall not include apartment buildings or complexes, hotels or motels.
Dwelling, two (2) family, means a building or portion thereof, used for occupancy by two
(2) or more families living independently of each other, and at least one (1) of which is used for
rental residential occupancy.
Dwelling unit means a residential dwelling, or portion of a dwelling, used by one (1) family
for cooking, living, and sleeping purposes.
Hotel or motel means a building, or portion thereof, or group of buildings in which lodging
is customarily provided and offered to the public typically for occupancy for not more than thirty
(30) days at a time for compensation, and which is open to transient guests on a daily basis, in
contradistinction to a lodging house.
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Landlord means the owner of a rental residential dwelling unit who offers residential
property and its dwelling units, not occupied by the owner, to other persons not related by blood
or marriage for some form of compensation through rental payments, lease payments, or some
other similar contractual arrangement.
Lodginghouse means a building with more than two (2) but not more than ten (10) guest
rooms where lodging with or without meals is provided for compensation.
Nuisance means a tenant's use of a rental dwelling unit, including the building and the
premises relating thereto, which gives offense to or endangers the life, health, safety, or welfare
of others. The term "nuisance" includes such uses as defined as nuisances under sections 42-32
and 14-31 of the Paducah Code of Ordinances, as well as under State law.
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;
excepting, however, establishments that predominately provide for care for the acutely ill or
surgical or obstetrical services. A convalescent home and rest home are included in the meaning
of the term "nursing home." A hospital or sanitarium shall not be construed to be included in the
meaning of the term "nursing home."
Person means and includes a firm, association, organization, partnership, trust, company or
corporation as well as an agent, and an individual.
Safety issue means a tenant's use of a rental dwelling unit, including the building and the
premises relating thereto, which constitutes a distinct fire hazard or gives offense to or endangers
the life, health, safety, or welfare of others. The phrase "safety issue" includes such uses as
defined under State law as life safety or fire hazards.
Tenant means a person under a rental agreement to occupy a dwelling unit for the purpose
of residential occupancy for a period of thirty (30) days or more, making rent or lease payments,
or other similar agreements where the tenant does not have an equitable interest in the real
property.
Sec. 42-63. Enforcement.
The Fire Prevention Building Division shall be responsible for the administration and
enforcement of the provisions of this section. Enforcement pursuant to this section shall not be
interpreted to override or negate the rights of tenants or property owners with respect to
inspections authorized or required by KRS 227.200 et seq., 815 KAR 7:070 et seq., or 815 KAR
10:060 et seq. Where applicable, penalties hereunder shall be in addition to, and shall not be
instead of, the penalties set forth by KRS 227.200 et seq., 815 KAR 7:070 et seq., or 815 KAR
10:060 et seq.
Sec. 42-64. Registry and rental occupancy permit required.
It shall be unlawful for any property owner or landlord to rent or lease to another or
otherwise allow any person to occupy any rental dwelling unit which is subject to this article
unless the landlord has first registered the rental dwelling unit with the City of Paducah, and
obtained and continues to hold a valid rental occupancy permit for that unit.
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Sec. 42-65. Applicability and exceptions.
(a) The provisions of this article shall apply to the rental or leasing of rental dwelling units, and
rental dwellings which contain such units, including one (1) and two (2) family rental
residential dwelling units.
(b) The provisions of this article shall not apply to apartment buildings, hotels and motels, bed
and breakfasts, nursing homes, assisted care dwelling units, residential care facilities as
described by KRS 100.982, hospitals, sanitariums, or recovery homes permitted or approved
pursuant to section 126-88 of the Paducah Code of Ordinances.
Sec. 42-66. Rental unit registration.
(a) Annual registration. All owners of rental dwelling units shall annually register the rental
property within the City of Paducah in the Fire Prevention Building Division Office. The
annual registration deadline shall be July 1 of each year.
(b) Fines. Any owner of a rental dwelling unit not registered by July 1 shall be subject to a fine
of $100.00 per unit.
(c) Moratorium. Registration of units in existence with occupancy prior to March 1, 2026, shall
have no registration fee if registered prior to January 1, 2027. Owners of units in existence
with occupancy prior to March 1, 2026, shall be charged $100.00 per unit for failure to
register prior to July 1, 2027.
(d) Rental dwelling units opened or purchased following July 1 registration shall be registered
within thirty (30) days of being made available for rent.
Sec. 42-67. Application for rental occupancy permits.
(a) By July 1 of every year, the owner or landlord of a rental dwelling unit shall make written
application to the Fire Prevention Building Division for a rental occupancy permit to carry
on the business of renting a residential dwelling unit. Such application shall be made on a
form furnished by the Fire Prevention Building Division for such purpose and shall set forth
the following information:
(1) Name, residence address, email address, telephone number, and date of birth of the
landlord of the rental dwelling unit. If the landlord is a partnership, the name of the
partnership, and the name, residence address, email address, and date of birth of the
managing partner. If the landlord is a corporation or limited liability company, the
name and address of the corporation or company, and the name, residence address and
date of birth of the chief operating officer.
(2) If the landlord has appointed an agent authorized to accept service of process and to
receive and give receipt for notices; the name, residence address, email address,
telephone number, and date of birth of such property manager or agent;
(3) Every applicant, whether an individual, partnership, corporation, or limited liability
company shall identify in the application, by name, residence address, email address,
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telephone number, and date of birth, a natural person who is actively involved in, and
responsible for, the maintenance and management of the premises. A post office box is
not acceptable as an address for such person. The individual designated herein may
also be the landlord of the dwelling, property manager, or agent identified in
subsection (2) of this section;
(4) Street address of the rental dwelling unit; and
(5) Number of rental dwelling units within the rental dwelling.
(b) To determine compliance with this article and this Code, every applicant shall authorize an
on-site inspection of the premises no less than biennially, or once every two (2) years.
(c) It shall be unlawful for any person to make any false statements in an application for a
rental occupancy permit.
Sec. 42-68. Issuance of permit.
(a) Following the filing of an application, a Code Official shall cause an inspection to be made
of the rental dwelling unit and rental dwelling identified in the application. The inspection
shall be made within a reasonable period following the date upon which the application is
filed.
(b) Upon completion of an inspection of a rental dwelling and the rental dwelling units therein,
the Code Official shall make a determination as to whether all of the standards for issuance
of a permit have been met. In the event the Code Official determines that the standards have
been met, the Code Official shall cause the issuance of a rental occupancy permit.
(c) Only one (1) permit shall be required per lot; provided, however, in the case of multiple
rental dwelling units on one (1) lot, the permit shall identify each rental dwelling unit for
which a permit has been approved.
(d) Permits issued hereunder shall be valid for a term of one (1) fiscal year (July 1 through June
30 of the following calendar year).
Sec. 42-69. Standards for issuance of permit.
The standards for the issuance and continuance of a rental occupancy permit shall be as
follows:
(1) The rental dwelling, and the rental dwelling units located therein, and the grounds and
the accessories, buildings, and structures relating thereto, are in substantial compliance
with the Code and all other applicable laws, statutes, and regulations including, but not
limited to the International Property Maintenance Code 2012 Edition as adopted by the
City of Paducah in section 42-46, all fire codes, electrical codes, plumbing codes, and
building codes, and are not otherwise hazardous, or present safety issues. The Code
Official may, in his discretion, confer with engineers, building, electrical, or fire
inspectors as he or she deems necessary to determine compliance in any such area or
expertise. "Substantial compliance" shall be determined in the discretion of the Code
Official.
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(2) The landlord has been issued an occupation business license and has paid all fees and
taxes as required under chapter 106.
(3) The landlord has paid all city ad valorem taxes which are due and payable against the
real property upon which the building and rental dwelling units are located.
(4) The landlord has paid all fees as required under this article.
(5) The landlord has paid all city nuisance and property maintenance liens on the property
for which a permit is applied.
Sec. 42-70. Determination of noncompliance.
(a) If a Code Official determines that any dwelling unit, or any part of the premises relating
thereto, fails to comply with subsection 42-69(1) or that the landlord has failed to comply
with subsections 42-69(2) through (5), a written notice of the violation or violations shall be
given to the landlord and shall be transmitted via email to the email address listed on the
permit for such rental dwelling unit. The notice shall direct that the landlord shall have a
period of seven (7) days to remedy the violation. The offender may be allowed a reasonable
extension of time to remedy the violation, at the discretion of the Code Official. A
reinspection shall take place after said period of time to determine compliance.
(b) If the fire Code Official determines the dwelling unit, or any part of rental premises fails to
comply with subsection 42-69(1) due to structural or distinct fire hazards as described in
815 KAR 10:060 or especially liable or likely to result in fire loss as described in KRS
227.380, the written notice of the violation or violations shall further state that the
provisions of this section shall not override an owner's rights to appeal violations, as
applicable, under 815 KAR 10:060 Section 6 or KRS 227.380(2).
(c) If the fire Code Official determines that the defects create an imminent hazard to the health
or safety of occupants or the public, the Code Official shall immediately suspend any
previously issued rental occupancy permit for that location and order the premises be
vacated, providing any occupants reasonable time to vacate, as is determined to be safe in
the discretion of the Code Official.
(d) Any time period accorded by the fire Code Official above shall not be extended by the sale
or transfer of any interest in the rental dwelling unless specifically authorized by the Code
Official.
Sec. 42-71. Denial; suspension.
In the event the landlord's failure to comply continues following any period accorded the
landlord for compliance, the Code Official shall mail the landlord a notice of a denial of a rental
occupancy permit or suspension of a previously issued rental occupancy permit. A copy of the
notice shall be sent by email to the email address provided on the permit for such rental dwelling
unit. The notice shall state:
(1) That the Code Official has determined that the landlord has failed to comply with the
standards as set forth in section 42-69.
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(2) The specific reason or reasons why the standards have not been satisfied, including
copies of applicable inspection reports and listing each code, statute, or regulation of
which the property are in violation.
(3) That the denial or suspension of the permit will become effective unless the landlord
appeals the determination within five (5) business days after receipt of the notice in the
manner provided in section 42-73.
(4) That after denial or suspension, the rental dwelling unit or units must be vacated, and
shall not be reoccupied until a rental occupancy permit is issued or is reinstated after
approval by the Code Official.
(5) The notice shall describe how an appeal may be filed under section 42-73.
(6) The Code Official shall also cause a notice to tenants to be prominently posted on the
rental dwelling. The notice shall state that the rental occupancy permit for the rental
dwelling unit or units has been denied or suspended, whichever is applicable, and that
the action will become final on a specific date unless the landlord appeals. The notice
shall further state that tenants will be required to vacate the rental dwelling unit when
the action becomes final.
Sec. 42-72. Revocation of permit; criminal acts or nuisance.
(a) Any landlord of a rental dwelling unit who knowingly leases or continues to lease a rental
dwelling unit to any tenant who commits or allow others to commit any criminal act in
violation of the State's criminal statutes relating to the illegal sale or distribution of
controlled substances or to prostitution or to acts of violence to the person of another which
causes physical injury or the imminent threat thereof, or who otherwise creates or allows
others to create a nuisance on the leased premises, in violation of the provisions of section
14-31, section 42-48, section 42-49, or subsections 42-50(a)(1)—(7), as determined by Final
Order as defined in subsection 42-40(6) or section 42-41, shall be subject to a revocation of
the landlord's rental occupancy permits as provided herein.
(b) The landlord shall abate such activity in the manner as hereinafter provided:
(1) In the event that the Code Official receives reasonable evidence of a criminal act or
activity as described in (a) above, or of a nuisance on the leased premises of a tenant,
the Code Official shall send to the landlord written notice which shall set forth the
evidence and identify that the criminal act or activity or nuisance is in violation of this
section, and constitutes cause for revocation of the rental occupancy permit for the
leased premises.
(2) In the event that the Code Official sends a second such notice to the landlord regarding
such a criminal act or activity or nuisance on the leased premises of the same tenant
within one (1) year following the issuance of a previous notice, the notice shall instruct
and require the landlord to bring eviction proceedings against the tenant with the
McCracken District Court or to otherwise provide in writing to the Code Official an
acceptable alternative which abates the continuance of further criminal activity or
nuisance on the leased premises of such tenant. The landlord shall initiate eviction
proceedings or provide an acceptable alternative within ten (10) days following the
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landlord's receipt of such second notice. In the event the landlord fails to initiate the
eviction proceedings or otherwise provide an acceptable written alternative within ten
(10) days, the Code Official may revoke the landlord's rental occupancy permit if the
Code Official determines that the revocation is necessary to protect or preserve the
health, safety and welfare of a resident or residents of the rental dwelling unit or
neighborhood. Upon revocation of any rental occupancy permit, no application of a
subsequent rental occupancy permit shall be accepted by the Code Official for such
premises within six (6) months of the date of revocation.
(3) Any eviction proceeding brought by the landlord shall be timely and diligently
prosecuted by the landlord in good faith.
(4) Reasonable evidence means such evidence as would be probative in establishing
probable cause that such criminal act has been committed or that a nuisance exists on
the leased premises. Reasonable evidence may include evidence of a lawful arrest,
indictment, conviction, or plea. Status of underlying but related criminal proceedings
may be taken into consideration by the Code Officer as the Code Officer, in his/her
discretion, deems appropriate.
(c) In the event of revocation, the Code Official shall provide a notice of revocation to the
landlord and tenant in the manner as provided in section 42-71.
Sec. 42-73. Appeals procedure.
(a) Any landlord wishing to appeal the determination of a suspension, revocation, or denial
shall file a written notice of appeal with the Fire Prevention Building Division within five
(5) days after receipt of the notice of the suspension, revocation, or denial.
(b) An appeal from determinations of Code Officials other than Fire Officials shall initially be
heard by the Deputy Chief of Fire Prevention Division or in his/her absence, the Battalion
Chief Director of Community Development or their designee. The Deputy Chief or
Battalion Chief Director of Community Development or their designee shall sustain the
decision of the Code Official unless the Deputy Chief or Battalion Chief Director of
Community Development or their designee determines that the provisions of this article
have been complied with and that all of the violations have been corrected. The Deputy
Chief of the Fire Prevention Division or Battalion Chief Director of Community
Development or their designee shall make a written determination and provide notice of
same to the landlord within ten (10) days of making his/her determination. Appeals from
decisions of fire officials shall follow Sec. 42-73 (d).
(c) In the event the Deputy Chief or Battalion Chief Director of Community Development or
their designee sustains the decision of the Code Official, thereby suspending, revoking, or
denying a rental permit, the landlord shall have further right of appeal and may file a written
notice of appeal with the Code Enforcement Board within five (5) days of the landlord's
receipt of the Deputy Chief or Battalion Chief's Director of Community Development or
their designee’s written determination. Appeal before the Code Enforcement Board shall
follow sections 42-41, 42-41.5, 42-42, et seq.
(d) In the event the landlord/property owner files an appeal from a decision of a fire Code
Official pursuant to 815 KAR 10:060, or KRS 227.380 related to the same subject matter as
the suspension, revocation, or denial, any appeal filed pursuant to this section shall be held
in abeyance pending final determination or order by the Local Appeals Board empowered
by KRS 227.325.
Sec. 42-74. Vacation of premises.
When an application for rental occupancy permit has been denied or a rental occupancy
permit has been suspended or revoked, the Code Official shall order the rental dwelling unit
vacated, giving tenants a reasonable time to arrange new housing and to move their possessions.
Unless otherwise prohibited by law, such order shall not otherwise prevent the premises from
being occupied or used for purpose other than as a rental unit, except as otherwise required by
law.
Sec. 42-75. Duration of permit.
(a) A rental occupancy permit shall be valid until the property ceases to be used as a rental unit
or until ownership of the property is transferred, whichever occurs first, unless otherwise
suspended or revoked under this article. It shall be the owner or landlord's responsibility to
furnish the City with updates as to any changes in the owner, landlord, or property
manager's contact information and any transfer of ownership.
(b) A prospective new owner of a rental dwelling unit shall make application for a new rental
occupancy permit within ten (10) business days following the date of sale.
Sec. 42-76. Inspections.
(a) Inspections of rental dwelling units shall be conducted by Code Officials and shall take
place as follows:
(1) Upon application for a rental occupancy permit; and
(2) Upon receipt of a complaint by a tenant or owner of a neighboring property that the
rental dwelling unit or rental dwelling is substandard, hazardous or unfit for habitation,
and if in the discretion of the Code Official, probable cause exists to believe that the
complaint is founded in fact and an inspection warranted; and
(3) Upon the probable cause determination of a Code Official that the rental dwelling unit
or rental dwelling is in noncompliance with subsection 42-69(1); and
(4) Biennially, or every two-year period.
(b) Biennial self-attestation permitted for compliant rental dwelling units. One (1) year
following an in-person inspection in which the rental dwelling unit had no violations,
an owner, landlord, or property manager may submit a self- inspection attestation as to
inspection items, indicating that no alterations or damage has occurred to the electrical,
HVAC, or plumbing systems in the twelve (12) months following the prior inspection,
and certifying compliance as to inspection items required by the Fire Prevention
Building Division. Forms for self-attestation will be located in the Fire Prevention
Building Division Office. Self-attestation may not be available for all properties, in the
discretion of the Code Official, Deputy Chief, or Battalion Chief or Director of
Community Development.
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(c) Follow-up inspections. Non-compliant items discovered during any inspection will result in
a follow-up inspection, in a manner deemed appropriate in the discretion of the Code
Official. Follow-up inspections required at the rental dwelling unit may result in fines as set
forth in subsection 42-77(c) of this chapter.
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Sec. 42-77. Fees and fines.
(a) Annual fee. There shall be an annual fee of $50.00 per rental dwelling unit (not to exceed
$500.00 total fee per property owner for all properties owned by property owner) for
issuance of a rental occupancy permit and the initial inspection related thereto. These fees
shall be paid to the Fire Prevention Building Division.
(b) Fine for failure to permit. Failure to apply for a permit for a rental dwelling unit shall result
in a fine of $50.00 per unit.
(c) Fine for failed follow up inspections. If the Code Official is required to make inspections
beyond the initial inspection and one (1) follow-up inspection, to determine if the required
corrections have been made, then the following fines shall result:
Inspections 3rd
Inspection
4th
Inspection
5th
Inspection
and All
Subsequent
Inspections
Property
Maintenance
$250.00 $350.00 $500.00
(d) Reduction and waiver. Fines assessed herein may be reduced or waived for good cause as
determined in the sole discretion of the Deputy Fire Chief in charge of the Fire Prevention
Division, or Battalion Chief Director of Community Development or their designee.
Sec. 42-78. Display of permit.
(a) Every landlord must show to every prospective tenant before occupancy a valid rental
occupancy permit covering the rental dwelling unit to be rented. Every landlord must show
to any tenant, upon demand, a valid rental occupancy permit covering the rental dwelling
unit the tenant occupies.
(b) Upon demand by any Code Official, the landlord must show a valid rental occupancy permit
to the Code Official.
Sec. 42-79. Willful misrepresentations.
It shall be a violation of this chapter for an owner to willfully provide inaccurate
information for the registration, permitting, or self-reporting or to willfully misrepresent
compliance with codes. Violations may result in denial, suspension, or revocation of permit(s)
pursuant to sections 42-41 and 42-42 herein.
Secs. 42-80—42-100. Reserved.
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ARTICLE IV. NOISE
This article shall be known as the noise control ordinance for the City.
(a) Purpose. It is the purpose of this article to ensure that public health, safety and welfare shall
not be abridged by the making and creating of public nuisances from disturbing, excessive
or offensive noises in the City. The residents of the City recognize that uncontrolled noise
represents a damage to the health and welfare of themselves and their neighbors and that
each resident of the community is entitled to live in an environment in which the level of
impulse and amplified noise is minimized for the community good. This article attempts to
foster mutual respect among all residents and to establish a community position against
noise pollution.
(b) Scope. This article applies to all persons, property, animals, equipment, appliances,
instruments and other sound emitting devices, as regulated herein.
(c) Relationship to other regulations. The provisions of this article are not intended to interfere
with, abrogate or annul other laws, rules, regulations or ordinances, including any
applicable chapters of the Kentucky Revised Statutes or ordinances of the City. If more
stringent standards concerning noise abatements are contained in other laws, rules,
regulations or ordinances, the more stringent standards shall apply.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Ambient sound means the all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources, near and far.
Decibel means a unit for describing the amplitude of sound, equal to twenty (20) times the
logarithm to the base ten (10) of the ratio of pressure of the sound measured to the referenced
pressure, which is twenty (20) micronewtons per square meter.
Emergency work means work performed for the purpose of preventing or alleviating
physical trauma or property damage threatened or caused by an existing or imminent peril.
Motor vehicle means any vehicle driven or powered by any means other than muscular
power (including, but not limited to, passenger vehicles, trucks, mopeds, motorized scooters,
multi-terrain vehicles and go-carts).
Multiple-family dwelling means apartment buildings, duplexes, condominiums, hotels,
motels or any other building or structure occupied by more than one (1) family unit, either
temporarily or permanently.
Noise means any sound that is emitted by a person, animal, appliance, equipment,
instrument or other device.
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Noise disturbance means any sound that endangers or injures the safety or health of humans
or animals; or a noise that disturbs a reasonable person of normal sensitivities, or endangers,
injures or seriously interferes with the quiet enjoyment or reasonable use of real or personal
property, or exceeds the limits set out in section 42-104.
Person means and includes an individual, firm, association, organization, partnership, trust,
company, corporation or any similar entity. For purposes of this article, the president, manager,
host or other person in charge of a group, association or organization shall be responsible for
requiring said group, association or organization to comply with this article and shall likewise be
subject to penalties imposed herein for violation of this article by said group, association or
organization.
Premises means any building, structure, land, utility or portion thereof, including all
appurtenances, and shall include yards, lots, courts, inner yards, common hallways in multiple-
family dwellings, and common areas for one (1) or more multiple-family dwellings, and real
properties without buildings or improvements, owned or controlled by a person.
Property line means an imaginary line exterior to any enclosed structure, at the ground
surface, and its vertical extension, which separates the real property or rental unit owned or
leased by one (1) person from that owned or leased by another person.
Quiet zone means any area determined by the Traffic Commission or its delegate to need
lower noise levels to conduct meetings, services or productions. An example would be in the
area of the Market House Theater, hospitals, or a church during the hours of worship service,
where unreasonable sound levels would detract from the health, safety, welfare, peace and quiet
for the citizens of Paducah. The area must be posted as a quiet zone at all four (4) corners of the
area before enforcement can occur and will include the area contained within the posted signs.
Sound level means the weighted sound pressure level obtained by the use of a sound level
meter and frequency weighing networks, such as A, B or C as specified in ANSI specifications
for sound level meters. If the frequency weighing employed is not indicated, the A-weighing
shall apply.
Sound level meter means an instrument including a microphone, amp, output meter and
frequency weighing networks for the measurement of noise and sound levels in a specified
matter.
Sec. 42-104. Prohibited noises.
It shall be unlawful for any person to make, cause to be made, continue or permit any
excessive or unreasonably loud noise or any other raucous sound, considering the time, date,
place and nature of such noise or sound, that annoys, disturbs, injures or endangers the comfort,
health, peace, or safety of a person of ordinary sensibilities, in the City. Said noises include, but
are not limited to the following:
(1) Unlawful noise from premises. It shall be unlawful for any person to emit, cause to be
emitted, or permit the emission of any continuous noise which leaves the premises on
which it originates, crosses a property line, and enters onto any other premises in
excess of the sound pressure levels defined in the following table:
Zoning District of Property on Which the
Source of Noise is Located
Sound Level
7:00 a.m.—9:00 p.m.
Sound Level
9:00 p.m.—7:00 a.m.
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Residential (zoning districts R-1, R-2, R-3, R-
4, H-2)
65 db(A) 65 db(A)
Commercial (zoning districts A-1, B-1, B-2-
T, B-2, B-3, H-1, HBD, POP, MU)
75 db(A) 65 db(A)
Manufacturing (zoning districts M-1, M-2,
M-3, C-1)
80 db(A) 75 db(A)
a. Location of measurement. For the purpose of this section, sound shall be
measured at or within the property line (boundary) of the property receiving the
noise or not less than twenty (20) feet from the source of the sound when the
sound is in the public right-of-way.
b. Measuring instrument. All sound measurements shall be made on a sound level
meter calibrated in the manner required by the manufacturer's specifications.
(2) Unlawful noises emanating from motor vehicles. No person operating or occupying a
motor vehicle shall play, use, operate, or permit to be played, used, or operated, any
radio, tape player, cassette player, compact disk player, DVD players, loud speaker,
sound amplification system, or other device designed to generate, amplify, and/or
reproduce sound from within the motor vehicle in such a manner that the sound is
plainly audible by another human being at a distance of fifty (50) feet from the device
producing the sound. The term "plainly audible" means any sound which can be clearly
heard, by unimpaired auditory senses based on a direct line of sight of fifty (50) or
more feet; however, words or phrases need not be discernible and said sound shall
include bass reverberation.
(3) Unlawful modifications to motor vehicles and/or failure to maintain. It shall be
unlawful for any person to modify, change, or fail to maintain the exhaust muffler, air
intake muffler or any other sound-reducing device of a motor vehicle in such a manner
that the noise emitted from the motor vehicle disturbs or is a nuisance to persons of
reasonable sensibilities within the area of audibility.
(4) Other noise disturbances. It shall be unlawful for any person to make, continue or
cause or allow to be made or continue any noise disturbance including, but not limited
to, the following:
a. Horns, signaling devices and the like. The sounding of any horn or signaling
device of any motor vehicle on any State or public place of the City continuously
or intermittently, except as a danger or emergency warning.
b. Radios, phonographs and the like. The playing, using or operating, or permitting
to be played, used or operated of, any radio receiving set, musical instrument,
phonograph or other machine or device for the producing or reproducing of sound
in such manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants or at any time with louder volume than is necessary for convenient
hearing of the persons who are in the room, vehicle or chamber in which such
machine or device is operated and who are voluntary listeners thereto. The
operation of any such set, instrument, phonographs, machine or device in such a
manner as to be plainly audible at a distance of fifty (50) feet from the building,
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structure or vehicle in which it is located shall be prima facie evidence of a
violation of this section.
c. Yelling, shouting and the like. Yelling, shouting, hooting, whistling or singing on
the public streets, at any time or place so as to annoy or disturb the quiet or
comfort of persons in any office, or in any dwelling, hotel or other type of
residence, or of any persons in the vicinity.
d. Fireworks, explosives and the like. The use of fireworks or other explosives so as
to be unreasonably loud, raucous, jarring, disturbing or a nuisance to persons of
reasonable sensitivities within the area of audibility.
e. Animals, birds and the like. The keeping of any animal or bird which by causing
intermittent, frequent or continued noise disturbs or causes a nuisance to persons
of reasonable sensitivities within the area of audibility.
f. Drums, loudspeakers or other instruments. The use of any drum, loudspeaker or
other instrument or device for the purpose of attracting attention, by creation of
noise, to any performance, show, sale or display of merchandise.
g. Noise near schools, courts, churches, or hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning, church or court
while same is in use, or adjacent to any hospital, which unreasonably interferes
with the workings of such institution or which disturbs or unduly annoys patients
in the hospital.
Sec. 42-105. Exemptions.
None of the terms of prohibitions of this article shall apply to or be enforced against:
(1) All safety signals and warning devices (for example, intrusion alarms, backup alarms
on trucks); authorized vehicles when responding to emergencies (for example, police,
fire and ambulance); or any other device used to alert persons to an emergency or used
during the conduct of emergency work.
(2) The provision, repair and maintenance of municipal services or public utilities.
(3) Bells, chimes or carillons used in conjunction with religious purposes, national
celebrations or public holidays.
(4) Excavations or repairs on bridges, streets or highways by or on behalf of the City,
County or State during the night when the public welfare and convenience renders it
impossible to perform such work during the day.
(5) Musical, recreational and athletic events conducted by schools, local government and
nonprofit entities.
(6) Construction operations from 7:00 a.m. to 6:00 p.m. on weekdays for which building
permits have been issued or construction operations not requiring permits due to
ownership of the project by an agency of government; providing all equipment is
operated in accordance with all standard equipment, manufacturers' mufflers and noise
reducing equipment in use and in properly operating condition.
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(7) Lawn maintenance and agricultural equipment used between 7:00 a.m. and 9:00 p.m.
when operated with all the manufacturers' standard mufflers and noise reducing
equipment in use and in properly operating condition.
(8) Activities permitted by special variance, as provided herein, according to the terms and
conditions of said special variance.
(9) Activities permitted by public assembly permits according to the terms and conditions
of said permit.
Sec. 42-106. Quiet zones.
It shall be unlawful for any person to make, cause to be made, continue, or permit any
excessive or unreasonably loud noise in or near a posted quiet zone such that the noise disturbs
or is a nuisance to the people and/or the activities being conducted in said quiet zone.
Sec. 42-107. Special variances.
(a) The City Manager or designated representative shall have the authority, consistent with this
article, to grant special variances.
(b) Any person seeking a special variance pursuant to this article shall file an application with
the City Manager or designated representative, no less than thirty (30) calendar days prior to
the date on which the special variance is sought to be effective. The application shall
contain information, which demonstrates that bringing the source of sound, or activity for
which the special variance is sought into compliance with this section would constitute an
unreasonable hardship on the applicant, on the community, or on other persons. The City
Manager or representative shall give notice of an application for a special variance to all
persons who own and/or occupy the real property adjoining the site for which the special
variance is sought. Notice shall be forwarded by regular mail not less than fifteen (15)
calendar days prior to the date on which the special variance is sought to be effective. The
failure of the City Manager or representative to notify any adjoining property
owner/occupant shall not be fatal to the applicant's request for a special variance. Any
individual who claims to be adversely affected by allowance of the special variance may file
a statement with the City Manager or representative containing any information to support
such claim. Said statement shall be filed not less than seven (7) calendar days prior to the
date on which the special variance is sought to be effective.
(c) In determining whether to grant or deny the application, the City Manager or representative
shall balance the hardship to the applicant, the community, and other persons of not
granting the special variance against the adverse impact on the health, safety and welfare of
persons affected, the adverse impact on property affected and any other adverse impact of
granting the special variance. Applicants for special variances and persons contesting
special variances may be required to submit any information the City Manager or
representative may require. In granting or denying an application, the City Manager or
representative shall place on public file a copy of the decision and the reasons for denying
or granting this special variance.
(d) Special variances shall be granted by notice to the applicant containing all necessary
conditions including a time limit on the permitted activity. The special variance shall not
become effective until the applicant agrees to all conditions. Noncompliance with any
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conditions of the special variances shall terminate it and subject the person holding it to
those provisions of this article regulating the source of the sound or activity for which the
special variance was granted.
(e) Application for extension of time limits specified in special variance or for modification of
other substantial conditions shall be treated like applications for initial special variances.
(f) The City Manager or designated representative may issue guidelines defining the
procedures to be followed in applying for a special variance and the criteria to be considered
in deciding whether to grant a special variance.
Sec. 42-108. Interference with enforcement.
It shall be unlawful for any person to hinder, obstruct, delay, resist, prevent in any way,
interfere, or attempt to interfere with any authorized person while in the performance of these
duties included in this article.
Sec. 42-109. Penalty.
The provisions of this article shall be enforced in the same manner as other violations of the
this Code. Any person violating any of the provisions of this article shall be deemed guilty of a
Class B misdemeanor, and upon conviction thereof, shall receive a fine not to exceed $250.00 or
a jail sentence not to exceed ninety (90) days for each offense. Each day that such violation
continues shall constitute a separate offense. This article and the foregoing penalties shall not be
construed to limit or deny the right of the City or any person to such equitable legal remedies as
may be available by law.
SECTION 5. CHAPTER 46 AMENDMENT. That Chapter 46, Fire Prevention and
Protection, of the Code of Ordinances, of the City of Paducah, Kentucky, is hereby amended as
follows:
ARTICLE I. IN GENERAL
DIVISION 1. GENERALLY
Sec. 46-1. Blasting permit.
No person shall cause a blast to occur within the City without making application in writing
beforehand, setting forth the exact nature of the intended operation, and receiving a permit to
blast from the Fire Chief. The Fire Chief, before granting such permit, may require bond to
indemnify the City and all other persons against injury or damages which might result from the
proposed blasting.
Sec. 46-2. Reserved.
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Sec. 46-3. False fire alarms.
It shall be unlawful for any person to knowingly turn in a false alarm of fire, or other alarms
to which the Fire Department responds. The Chief of the Fire Department or the Assistant Chief,
or other persons acting for them, may turn in a false alarm when practicing time runs, training
men in the Fire Department, or exhibiting the working of the alarm system.
Sec. 46-4. Penalty.
Whoever violates any provision of this chapter for which another penalty is not already
otherwise provided shall be guilty of a misdemeanor and shall, upon conviction, be subject to a
fine of not more than $500.00, or imprisonment for not more than thirty (30) days, or both, for
each offense.
(1) For notification of fines and penalties see KRS 227.336.
(2) Any fee collected under the provisions of this section by the Fire Prevention Division
shall be payable to the City of Paducah, KRS 227.336(3).
(3) For appeals see section 46-34.
Secs. 46-5—46-930. Reserved.
DIVISION 2. PROPERTY ADDRESSING
Sec. 46-10. Property addressing; purpose and intent.
This division hereby adopts use of a comprehensive addressing standard, entitled "City of
Paducah Addressing Standard" and provides authority for the administration, enforcement and
amendment thereof. The addressing standard describes the regulation of addresses for all
properties and buildings within the legal limits of the City of Paducah. The objective of the
addressing standard is to establish an efficient, uniform, and intuitive identification system of
parcels and buildings for emergency response services and the general public.
Sec. 46-11. Addressing property and buildings; display of identifiers.
(a) Parcels and buildings within the City of Paducah shall be assigned an official address by the
Fire Department, Fire Prevention Division. Existing addresses to be deleted and new
addresses to be established will be assigned as a part of the plat review process. The
Engineering Public Works Department will assign addresses for new subdivisions, waiver
of subdivisions, and any other projects submitted via plat. The Engineer or Surveyor of
Record shall ensure all addresses and/or address revisions are shown on plats prior to
approval of plat by the City of Paducah.
(b) The Fire Prevention Division shall maintain an address data-base containing the official
addresses. The Fire Prevention Division is hereby empowered to prescribe, adopt,
promulgate, and enforce rules and regulations relating to any matter or thing pertaining to
the administration and enforcement of the provisions of sections 46-10 through 46-14, and
that are not otherwise inconsistent with this section.
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(c) All buildings and leasable/salable portions of such buildings with separate and direct
exterior entrances shall have the address permanently and prominently displayed at the
expense of the owners thereof.
Sec. 46-12. New buildings.
When any person shall build upon any parcel within the legal limits in the City, such person
shall, prior to construction/permitting of such building, apply to the Fire Department, Fire
Prevention Division for an address to be placed on site. Once the appropriate building permit(s)
is issued, the owner of the property is required to post the assigned address(es) for the site on a
temporary sign that is visible from the street, until such time as the permanent address can be
displayed in accordance with the requirements of this section. Completion of final address
display is due prior to final inspection for occupancy.
(Ord. No. 2019-4-8568, § 1, 4-9-2019)
Sec. 46-13. Address revisions.
(a) Whenever, in the opinion of the Fire Prevention Division, it shall become necessary or
advisable to readdress any or all parcels and buildings, the Fire Prevention Division shall
designate the address for all such properties and buildings and notify the owners and/or
occupants. Following notice from the Fire Prevention Division that a parcel has a revised
address, it shall be the owners and/or occupants' duty to change or update address displays
or building markers consistent with revised address for the parcel or building. Failure to
comply shall result in penalties set forth in section 46-14(c).
(b) The Fire Prevention Division will assign revised addresses as required for parcels and
buildings. Any changes or modifications to parcels and/or buildings will require a submittal
documenting such changes so that the Fire Prevention Division can give notice of such
change, update or modification to all affected parties. Engineering Public Works
Department will assign building and property revised addresses related to subdivisions,
waiver of subdivisions and commercial developments as those related plats originate in the
Planning Department with Engineering Public Works oversight.
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(c) Any property owner requesting a change or modification to a parcel or building address
shall be responsible for the payment of all costs incurred as a result of the change or
modification. All such requests shall be submitted in writing to the Fire Prevention Division
and shall be reviewed and subject to the approval by the Fire Prevention Division.
Sec. 46-14. Maintenance of address display; defacement; noncompliance, penalties.
(a) The Fire Prevention Division is authorized to require the owner of any business or
residential parcel or building within the City to replace or repair a damaged or missing
address display or identifier at the expense of the owners thereof. Fire Prevention Division
may issue notices of violations to enforce sections 46-10 through 46-12 and such violations
may be enforced as civil offenses pursuant to the procedure set forth in subsection (c)
herein.
(b) Violations. The following shall constitute violations:
(1) The failure of any owner of a business or residential structure to affix an address or
property identifier, or any part thereof, upon a structure or other device, within thirty
(30) business days of notification by the Fire Prevention Division;
(2) The failure of any owner of a business or residential structure to change or update an
address or property identifier, or any part thereof, upon a structure or other device,
within thirty (30) days of notification of an address revision by the Fire Prevention
Division;
(3) Defacing, moving, or removing by any person, any address or property identifier, or
any part thereof, in such a way to cause the address not to be clearly visible and
identifiable at all times during daylight hours, including, but not limited to, obstruction
preventing visibility;
(4) Naming a private access easement without the prior approval of the Fire Prevention
Division; or
(5) Placing or causing to be placed any sign bearing an identifier not approved by the Fire
Prevention Division, upon any private access easement.
(c) Enforcement and penalties.
(1) Warning. If after thirty (30) days following notice of an address revision by the Fire
Prevention Division, the property still remains marked with an inaccurate address, a
written warning shall be issued to the property owner and such warning shall be posted
to the property. If the property remains marked with an inaccurate address, forty (40)
days following notification of an address revision, the penalty set forth in subsection
(2) herein shall apply.
(2) Penalty. Any person in violation as set forth in section 46-14(b) is subject to the
penalty of section 1-19 of the Code of Ordinances. Each day's violation shall constitute
a separate and distinct offense.
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(3) Enforcement. Violations shall be enforced through the Code Enforcement Board
pursuant to section 42-40 of this Code.
(Ord. No. 2019-4-8568, § 1, 4-9-2019; Ord. No. 2024-11-8830, § A, 11-27-2024)
Secs. 46-15—46-30. Reserved.
ARTICLE II. KENTUCKY STANDARDS OF SAFETY (FIRE PREVENTION CODE)
Sec. 46-30.5. Title.
This article shall be known and may be cited as the "Fire Prevention Code."
Sec. 46-31. Adoption of Kentucky Standards of Safety and National Fire Codes.
(a) The Kentucky Standards of Safety (Fire Prevention Code) as promulgated in 815 KAR
10:060 by the Commissioner of the Department of Housing, Building and Construction, on
the advice and recommendation of the State Fire Marshal, is hereby adopted in full as an
ordinance of the City, and a certain document, one (1) copy which is on file in the office of
the City Clerk, being marked and designated as "The Kentucky Standards of Safety (Fire
Prevention Code), First Edition 1990, Second Edition 1996, Third Edition 1999, and any
future amendments or revised standards as published by the Kentucky Department of
Housing, Building and Construction."
(b) In addition, the 1992-93 editions of the National Fire Codes, Volumes 1 through 12,
recommended by the National Fire Protective Association, is hereby adopted by reference,
and any future amendments adopted by the National Fire Protective Association, unless
specifically omitted by amendment to this article.
Sec. 46-32. Enforcement Officer.
The Fire Prevention Division shall be designated as the local enforcement agency for the
Fire Prevention Code.
Sec. 46-32.5. Fire Marshal/Deputy Chief of Fire Prevention.
The Fire Marshal/Deputy Chief of Fire Prevention shall be appointed by the City as the
authorized designee of the Fire Chief for the enforcement of the Fire Prevention Code.
Sec. 46-33. Conflicting provisions.
Where stricter provisions provided for in current National Fire Prevention Codes are in
conflict with this Code, conflicts shall be resolved in favor of the stricter provisions, and, where
more liberal requirements are set forth throughout this Code than are provided for in current
National Fire Prevention Code Standards, the conflict shall be resolved in favor of the current
National Fire Prevention Codes.
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Sec. 46-34. Appeals.
All final decisions of the Fire Prevention Division, Fire Chief, or his or her designee shall
be appealable to the Building, Electrical and Fire Codes Appeals Board (section 18-123)
pursuant to the procedures adopted by the City.
Secs. 46-35—46-60. Reserved.
ARTICLE III. FIRE DEPARTMENT ACCESSWAYS
Sec. 46-61. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved means approved by the Fire Marshal.
Fire apparatus means equipment designated for use by the Fire Department.
Fire Department connection means a connection for Fire Department use in supplementing
or supplying water for standpipes or sprinkler systems.
Fire hydrant means a valved connection on a water supply system having one (1) or more
outlets and which is used to supply hose and Fire Department pumpers with water.
Fire lane means the road, path or other passageway developed to allow the passage of fire
apparatus through congested areas as designated by the Fire Marshal.
Fire Marshal means the Fire Marshal of the City, as more specifically set forth in section
46-32.5.
Sec. 46-62. Required access for fire apparatus.
(a) All premises which the Fire Department may be called upon to protect in case of fire and in
which any portion of any building or structure is not readily accessible from public roads
shall be provided with suitable gates, access roads and fire lanes, no less than eighteen (18)
feet wide, so that buildings and water supplies on the premises are at all times accessible to
fire apparatus.
(b) The maintenance and marking of fire lanes on private premises shall be the responsibility of
the property owner and/or persons in possession of the property.
Sec. 46-63. Parking vehicle near fire hydrant or Fire Department connection; fire lanes.
(a) It shall be unlawful for any person to park a motor vehicle within fifteen (15) feet on either
side of a fire hydrant or Fire Department connection.
(b) It shall be unlawful for any person to park a motor vehicle on, or otherwise obstruct, any
fire lane.
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(c) Notwithstanding the provisions of subsection (b) of this section, the property owner and/or
person in possession of property may designate a portion of the fire lane for loading and
unloading of delivery vehicles, providing the following are satisfied:
Sec. 46-64. Obstructing fire hydrant.
It shall be unlawful for any person to obstruct, in any manner whatsoever, any fireplug
within the City limits, by leaving within twenty (20) feet of any fireplug any boxes, debris or
timbers of any character, or any other thing or material that will obstruct or hinder free use of
and access to such fireplug by the Fire Department or any other department of the City. Any
person violating this section shall be punished according to the penalty provisions of this article.
Secs. 46-65—46-89. Reserved.
ARTICLE IV. FIREWORKS
Sec. 46-90. Title.
This article shall be known and may be cited as the "Fireworks Enforcement Code."
Sec. 46-91. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Aerial or audible consumer fireworks means those consumer fireworks described in KRS
227.702(2) and (3) only.
Ancillary fireworks retailer means any business entity, as that term is defined in section
106-61 which is open to the public year round and at least twenty (20) calendar days per month,
and which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell
only those fireworks as described in KRS 227.702(1) and which such sales are ancillary to its
primary course of business.
Consumer fireworks means the same meaning as in KRS 227.702.
Fireworks means the same meaning as in KRS 227.700 except it shall not include those
described in KRS 227.702(1).
Permanent fireworks retailer means any business entity, as that term is defined in section
106-61 which is open to the public year round and at least twenty (20) calendar days per month,
and, which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to
sell any consumer fireworks as its primary course of business.
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Seasonal fireworks retailer means any business entity, as that term is defined in section 50-
75 which is not considered a permanent fireworks retailer, and which offers for sale, exposes for
sale, sells at retail or wholesale, or keeps with intent to sell any consumer fireworks described in
KRS 227.702(2) and/or (3).
Sec. 46-92. Use of fireworks prohibited.
The use or sale of fireworks, including consumer fireworks, is prohibited except as set forth
herein. The use or sale of any fireworks other than consumer fireworks, is subject to the
applicable restrictions of State and Federal law and are further prohibited at all times within the
City without written approval of the Chief of the Paducah Fire Department.
Sec. 46-93. Exceptions.
Fireworks and consumer fireworks shall not be used, ignited, fired, or exploded in the City
limits, except as follows:
(1) Fireworks and consumer fireworks must be handled, stored, used, possessed, and sold
in accordance with all applicable Federal, State, and local law.
(2) Only fireworks and consumer fireworks defined in KRS 227.702(1) may only be used
or ignited in the City.
(3) No person may use, ignite, fire, or explode any fireworks or consumer fireworks as
defined in KRS 227.702(2) and (3) within the City.
(4) Notwithstanding subsections (2) and (3) of this section, the Chief of the Paducah Fire
Department or other authorized city official may grant permits for supervised public
displays of fireworks by the City, fair associations, amusement parks, and other
organizations or groups of individuals. Every display shall be handled by a competent
operator to be approved by the public official by whom the permit is granted, and shall
be of such character, and so located, discharged or fired, as in the opinion of the
official, after proper inspection, shall not be hazardous to property or endanger any
person. Permits shall be filed with the office of the State Fire Marshal at least fifteen
(15) days in advance of the date of the display. After the privilege is granted, sales,
possession, use and distribution of fireworks for the display shall be lawful for that
purpose only. No permit granted under this subsection shall be transferable.
(5) Notwithstanding any provision of this article to the contrary, the sale, at wholesale, of
any fireworks for supervised displays by any resident manufacturer, wholesaler, dealer,
or jobber, in accordance with regulations of the U.S. Bureau of Alcohol, Tobacco, and
Firearms is permitted, if the sale is to the person holding a display permit as outlined in
subsection (4) of this section. The permit holder shall present the permit along with
other verifiable identification at the time of sale.
Sec. 46-94. Permitted sale of fireworks.
Seasonal fireworks retailers and permanent fireworks retailers within the City shall:
(1) Submit an application for a retail fireworks permit from the Paducah Fire Department,
at least fifteen (15) days prior to the applicant's desired effective date for the Retail
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Fireworks Permit, on a form approved by the Chief of the Paducah Fire Department
which shall, in addition to any requirements established by the Chief or designee, at a
minimum require the submission of the name, phone number, and permanent address
of the applicant. In the event that the applicant desires to operate multiple locations, a
separate application must be submitted for each location and each location must have a
separate firework sales permit. Additionally, all applications must include a detailed
site plan for the proposed location, the address of the proposed location, and contact
information for the owner of the proposed location if other than the applicant, a
building permit if required pursuant to article III of chapter 18, and a Certificate of
Occupancy if required pursuant to article V of chapter 126;
(2) Provide proof of registration with the State Fire Marshal in accordance with the
applicable provisions of KRS ch. 227;
(3) Obtain an occupational business license from the City in accordance with article III of
chapter 106;
(4) Provide a certificate of insurance or other valid proof of general liability insurance in
an amount of not less than $1,000,000.00 per occurrence which shall remain in effect
at all times while engaged in the permitted activity;
(5) Pay a permit fee according to the following table:
Type of
Applicant
Permit
Fee
Permit
Period
Seasonal fireworks retailer $500.00 per location Automatically expires 60
calendar days after the
effective date
Permanent fireworks retailer $1,000.00 per location Automatically expires 365
calendar days after the
effective date or upon a date
in which the location no
longer qualifies as a
permanent fireworks retailer
as defined herein
Permanent fireworks retailer
(renewal)
$500.00 per location Automatically expires 365
calendar days after the
effective date or upon a date
in which the location no
longer qualifies as a
permanent fireworks retailer
as defined herein
In the event that an applicant wishes to operate more than one (1) geographical
location within the City, each location must have a separate permit and each permit is
subject to the applicable permit fee;
(6) Comply with all aspects of applicable provisions of KRS ch. 227, the International
Building Code with Kentucky Amendments (adopted edition), NFPA 1124 (National
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Fire Protection Association) and the Paducah Municipal Code, including obtaining a
Certificate of Occupancy;
(7) Not allow any person under eighteen (18) years of age to sell consumer fireworks;
(8) Not give, offer for sale, or sell any consumer fireworks to any person under eighteen
(18) years of age; and
(9) Not offer for sale, expose for sale, or sell consumer fireworks except between the hours
of 8:00 a.m. and 10:00 p.m.
Sec. 46-95. Display of permit.
A valid retail fireworks permit must be prominently displayed at each location and at all
times during the hours of operation. The Chief of the Paducah Fire Department or designee may
revoke or suspend any retail fireworks permit of any site which is in violation of this chapter,
KRS ch. 227 or article III of chapter 106 or any other provision of this Code.
Sec. 46-96. Ancillary fireworks retailers.
Ancillary fireworks retailers shall:
(1) Comply with all aspects of the applicable provisions of KRS ch. 227, the International
Building Code with Kentucky Amendments (adopted edition), NFPA 1124 (National
Fire Protection Association) and this Code, including, but not limited to, any
requirement for a certificate of occupancy per section 126-142;
(2) Not give, offer for sale, or sell any consumer fireworks to any person under eighteen
(18) years of age;
(3) Not offer for sale, expose for sale, sell at retail or wholesale, or keep with intent to sell
any consumer fireworks other than those described in KRS 227.702(1);
(4) Possess an occupational business license from the City in accordance with article III of
chapter 106; and
(5) Maintain a certificate of insurance or other valid proof of general liability insurance in
an amount of not less than $1,000,000.00 per occurrence.
Sec. 46-97. Criminal penalties.
Any person convicted of violating this article shall be fined not less than $50.00 nor more
than $1,000.00, or confined in the County jail for not more than thirty (30) days, or both. Each
day a violation occurs shall constitute a separate offense.
Secs. 46-98—46-104. Reserved.
ARTICLE V. MOBILE FOOD VEHICLE INSPECTIONS
Sec. 46-105. Title.
This article shall be known and may be cited as the Mobile Food Vehicle Inspections Code.
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Sec. 46-106. Purpose and intent.
It is the purpose of this article to implement a fee for the inspection of Mobile Food
Vehicles operating within the City of Paducah and McCracken County, Kentucky.
Definitions shall be consistent with those in section 126-87(b) of the Code of Ordinances of
the City of Paducah, Kentucky.
Pursuant to section 126-87 of the Code of Ordinances of the City of Paducah, Kentucky,
mobile food vendors must obtain an inspection by the Paducah Fire Prevention Division in order
to vend within the City limits. Said inspections shall be valid for one (1) calendar year from the
date of issuance, unless the mobile food permit is revoked.
The Paducah Fire Prevention Division is hereby authorized and empowered to perform
inspections for mobile food vehicles which operate outside of City limits, but within McCracken
County, as required by the McCracken County Fiscal Court. Said inspections shall be valid for
one (1) calendar year from the date of issuance.
A fee of $50.00 is hereby established for each mobile food vehicle inspection performed by
the Paducah Fire Prevention Division for City and County mobile food vendors. Further, each
subsequent renewal inspection shall be at a fee of $50.00 per inspection.
Failure to obtain a Paducah Fire Prevention Division inspection or renewal inspection for a
mobile food vehicle which operates within Paducah City limits may result in penalties as
outlined in section 126-87 of the Code of Ordinances of the City of Paducah, Kentucky.
Penalties for those mobile food vehicles operating outside of Paducah City limits shall be
promulgated and enforced by the McCracken County Fiscal Court.
. That Section 54-56, Enforcement, of
Chapter 54, Health and Sanitation, of the Code of Ordinances, of the City of Paducah, Kentucky,
is hereby amended as follows:
(a) It is the legislative intent that this smoke-free division will be enforced primarily by the
citizens of the City themselves. It is expected that the first step will be that an offended
person will ask people to follow the law and stop smoking or using electronic smoking
devices in violation of this division.
(b) The City Manager's office may designate City staff responsible for enforcing this division.
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(c) Written notice of the provisions of this division shall be given to all applicants for a
business license within the City.
SECTION 7. CHAPTER 82 AMENDMENT. That Section 82-1 of Chapter 82,
Planning, of the Code of Ordinances, of the City of Paducah, Kentucky, is hereby amended as
follows:
Sec. 82-1. Adoption of comprehensive plan; amendments.
SECTION 8. CHAPTER 102 AMENDMENT. That Section 102-39 of Chapter 102,
Subdivisions, of the Code of Ordinances, of the City of Paducah, Kentucky, is hereby amended
as follows:
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Sec. 102-39. Form and contents of final plat and digital submissions.
(a) After approval of the preliminary plat by the Commission, and the fulfillment of the
requirements of these regulations, one (1) Mylar or linen tracing, along with one (1) digital
copy of said information, shall be submitted to the Commission. Upon the final approval of
the plat, furnished by the subdivider, the plat shall become the property of the Commission.
(b) If desired by the subdivider, submittal for final approval may constitute only that portion of
the approved preliminary plat which the subdivider proposes to record and develop at the
time; provided, however, that such portion conforms to all requirements of the article.
(c) The final plat shall be prepared at the same scale as the preliminary plat and shall show:
(1) Name of subdivision.
(2) Location by legal metes and bounds description.
(3) The name and certification of the registered land surveyor.
(4) Scale shown graphically, date and north point.
(5) Boundary of plat, based upon an accurate traverse with bearings and linear
descriptions.
(6) Exact location, width and name of all streets within and adjoining the plat, the exact
location and widths of all alleys, and names of owners of adjoining properties.
(7) City, Town or County lines accurately tied to the lines of the subdivision by distances
and courses if included in the subdivision.
(8) All easements for rights-of-way provided for public services and utilities.
(9) All data on street center lines, rights-of-way, lot lines, easements, and the like shall be
shown on the plat in appropriate means of measurement (bearings in degrees, minutes,
and seconds; distances in feet and hundreds) and all monuments clearly labeled in such
a way that any survey, description, or stakeout can be performed with into additional
information.
(10) All lot numbers shall be clearly shown on the plat.
(11) Accurate outlines and legal metes and bounds descriptions of any areas to be dedicated
or reserved for public use, with the purposes indicated thereon and in the dedication;
and of any area to be reserved by deed covenant for common uses of all property
owners.
(12) Building setback lines accurately shown with dimensions.
(13) Source of title, with proper reference to deed books, will books, and the like.
(14) Restrictive covenants of all types which run with the land.
(15) House numbers for properties located in the City, as obtained from the City
Engineering Division.
(16) Lot areas in square feet, and the total area within the boundary of the plat.
(17) Certificates for approval by the Commission and city, as appropriate.
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(d) Digital submissions.
CAD or CADD means computer-aided design and drafting. CAD systems are used
to create maps and plans and are closely related to GIS systems. Although most CAD
systems lack certain features essential to GIS analysis, such as the power to manage
different spatial coordinate systems and database capabilities, many CAD systems have
been developed into full GIS with the addition of necessary functions.
City means the City of Paducah, Kentucky, (37° 5'2" N 88° 35'49" W).
Coordinate System means a reference framework consisting of a set of points,
lines, and/or surfaces, and a set of rules, used to define the positions of points in space
in either two (2) or three (3) dimensions. The Cartesian coordinate system and the
geographic coordinate system used on the earth's surface are common examples of
coordinate systems.
DGN (design) means the name used for CAD file formats supported by Bentley
Systems' MicroStation and Intergraph's Interactive Graphics Design System (IGDS)
CAD programs.
DWG (drawing) means a format used for storing two (2) and three (3)
dimensional design data and metadata. It is the native format for several CAD
packages including AutoCAD, Intellicad, and PowerCAD.
DXF means an abbreviation for drawing interchange format, a file exchange
format developed by Autodesk Inc. for its AutoCAD drafting software. DXF files are
ASCII records of all objects in a drawing file. DXF has been adopted more recently by
GIS systems for exchanging map files.
Geographic coordinate system means a reference system that uses latitude and
longitude to define the locations of points on the surface of a sphere or spheroid. A
geographic coordinate system definition includes a datum, prime meridian, and angular
unit.
Geographic information system (GIS) means a geographic information system
(GIS) integrates hardware, software, and data for capturing, managing, analyzing, and
displaying all forms of geographically referenced information.
Georeferencing means aligning geographic data to a known coordinate system so
it can be viewed, queried, and analyzed with other geographic data. Georeferencing
may involve shifting, rotating, scaling, skewing, and in some cases warping, rubber
sheeting, or orthorectifying the data.
Licensed professional means Professional Engineer or Surveyor registered in the
state.
MAP-GIS Consortium means a partnership among local government agencies to
establish a countywide Geographic Information System. The six (6) partners are the
City of Paducah, McCracken County, E-911, Joint Sewer Agency, Paducah Power and
Paducah Water.
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NAD 27 means North American Horizontal Datum 1927.
NAD 83 means North American Horizontal Datum 1983.
NGS; National Geodetic Survey means the National Geodetic Survey and the
Office of Coast Survey are the two (2) successor agencies in the United States to the
U.S. Coast and Geodetic Survey. It was first established by President Thomas Jefferson
in 1807 as the Survey of the Coast.
Shapefile (ESRI software) means a vector data storage format for storing the
location, shape, and attributes of geographic features. A shapefile is stored in a set of
related files and contains one (1) feature class.
State plane coordinate system means a group of planar coordinate systems based
on the division of the United States into more than 130 zones to minimize distortion
caused by map projections. Each zone has its own map projection and parameters and
uses either the NAD 27 or NAD 83 horizontal datum. The Lambert conformal conic
projection is used for states that extend mostly east—west, while transverse Mercator
is used for those that extend mostly north—south. The oblique Mercator projection is
used for the panhandle of Alaska.
(2) Maps and/or plats submitted to the City that conform to this requirement shall be
submitted to the Department of Planning Community Development in digital format by
a licensed professional in accordance with the following detail:
a. Format requirements. The formats for digital submission of subdivision or
improvement plans and plats shall be Shapefile (*.SHP), AutoCAD (*.DWG),
MicroStation (*.DGN), or Export file (*.DXF). The digital file for the final
document shall be submitted to:
City of Paducah
Department of Planning Community Development
P.O. Box 2267
Paducah, KY 42002-2267
b. File naming convention. Filenames shall be identified by subdivision name.
Filename extension should include: .SHP, .DGN, .DXF, or .DWG
c. Media requirements. Digital submission may be made only by DVD, CD Rom, or
Flash Drive.
d. All media submitted to Department of Planning Community Development shall
have a label indicating the following information and will be signed by the
licensed professional submitting the map, for the sole purpose of verifying
transmittal of the data only. It is understood, by the receiving organization, that
the digital data does not constitute a professional delivery. It is the responsibility
of the receiving organizations to refer to the recorded map for the correct
information. All labels shall contain, at a minimum, the subdivision, file name,
date, PE/PLS #, format, and signature.
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Submittals to the City's Department of Planning Community Development will be
retained by the City and will not be returned to the preparer or owner.
e. In order to maintain the mathematical integrity of the geometric data, all
submittals shall comply with the following requirements:
1. Boundaries will be transmitted as a closed figure and shall be shown as one
(1) continuous line rather than a series of lines, arcs, and curves;
2. Annotation submitted digitally shall be identical to annotation submitted on
the hardcopy maps; and
3. When displaying coordinates, the whole number for the coordinate must be
shown (i.e. no constants will be applied).
f. Georeferencing.
1. All maps and/or plats submitted to the City must be georeferenced to the
Kentucky State Plane Coordinate System, South Zone (1602), NAD 83 in
US survey feet, or latest revision or adjustment used by MAP-GIS. The
locations will be on opposite sides of the subdivision boundary or as
previously agreed upon by MAP-GIS;
2. The basis of bearings for the plat shall be the Kentucky State Plane
Coordinate System, South Zone (1602), NAD 83, in US survey feet. These
must be established by the use of existing monuments, global positioning
system surveys, or by astronomic observations; and
3. If the boundary of the development, is a parcel or lot of a plat that presently
ties to the Kentucky State Plane Coordinate System, South Zone (1602),
NAD 83, in US survey feet, the requirements of georeferencing shall be
waived, with the stipulation that the surveyor or engineer be required to show
existing coordinates of the plat.
SECTION 9. CHAPTER 106 AMENDMENT. That the following sections of Chapter
106, Taxation, of the Code of Ordinances, of the City of Paducah, Kentucky, are hereby
amended as follows:
ARTICLE II. DOWNTOWN AND MARKET HOUSE HISTORIC DISTRICT ASSESSMENT
AND REASSESSMENT MORATORIUM
Sec. 106-31. Establishment; qualifications.
(a) There is hereby established a program for the granting of property assessment or
reassessment moratoriums for qualifying units of real property located in the Downtown
and Market House Historic Districts (Map #1).
(b) To be eligible, an existing residential building must have been in existence for at least fifty
(50) years in the Target Area and must be used to provide independent living facilities for
one (1) or more persons.
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(c) To be eligible, a commercial facility must have been in existence for at least fifty (50) years
in the Target Area and must have as its primary purpose and use the operation of a
commercial business enterprise.
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Sec. 106-32. Administering agency.
The administering agency for this moratorium program shall be the City Department of
Planning Community Development.
All moratoriums shall be for a period of five (5) years, and each shall become effective on
the assessment date next following the issuance of the moratorium certificate.
Any moratorium providing an economic benefit to the applicant above $20,000.00 shall
require approval by the Commission of the City.
Applications shall be made to the administering agency for a property assessment or
reassessment moratorium certificate as follows:
(1) The application shall be on a form prescribed by the Department of Revenue and shall
be filed in the manner prescribed by the Department of Planning Community
Development.
(2) The application shall be filed with the administering agency thirty (30) days before
commencing the restoration, repair, rehabilitation, or stabilization.
(3) The application shall contain the following:
a. A general description of the property;
b. A general description of the proposed use of the property;
c. The general nature and extent of restoration, repair, rehabilitation or stabilization
to be undertaken and cost estimates based on bids submitted to the applicant;
d. A time schedule for undertaking and completing the project;
e. If the property is a commercial facility, the application shall contain a descriptive
list of the permanent building equipment which will be a part of the facility and a
statement of the economic advantages expected from the moratorium, including
expected construction employment.
f. Proof that the commercial facility or the existing residential building is at least
fifty (50) years old.
The Property Valuation Administrator (PVA) and the Department of Planning Community
Development shall maintain a record of all applications for a property assessment or
reassessment moratorium. The PVA shall assess or reassess the property within thirty (30) days
of receipt of the application. This assessment shall be the value for which the City taxes are to be
levied for five years after the moratorium certificate has been issued.
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Sec. 106-37. Time to complete improvements.
The applicant shall have two (2) years in which to complete the improvements unless
granted an extension in writing by the Department of Planning Community Development and the
Paducah City Commission. In no case shall the application be extended beyond two (2)
additional years. This provision shall not preclude normal reassessment of the property.
Any application not acted upon by the applicant shall become void two (2) years from the
date of application and shall be purged from the files of the PVA and the Department of Planning
Community Development.
The applicant shall notify the Department of Planning Community Development when the
project is complete, and the Department of Planning Community Development shall then
conduct an on-site inspection of the property for purposes of verifying that the improvements
described in the application have been completed. Only after the project is complete and the
improvements verified shall the moratorium certificate be issued by Department of Planning
Community Development.
An assessment or reassessment moratorium certificate may be transferred or assigned by the
holder of the certificate to a new owner or lessee of the property.
At the end of the moratorium period, whether by expiration, cancellation or revocation, the
Department of Planning Community Development shall send the applicant and the PVA a letter
advising of the end of the moratorium and the reassessment of the property. On the assessment
date next following the expiration, cancellation or revocation of an assessment or reassessment
moratorium, the property shall be assessed on the basis of its full fair cash value.
Any property granted an assessment or reassessment moratorium may be eligible for
subsequent moratorium certification, provided that reapplication be made no sooner that three (3)
years following the expiration of the original moratorium.
Definitions for interpreting this article shall be those outlined in KRS ch. 99 relating to
property assessment and reassessment moratoriums.
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Secs. 106-44—106-60. Reserved.
ARTICLE V. ABANDONED URBAN PROPERTIES
(a) Pursuant to KRS 92.305(1), the city hereby finds and declares that there exists abandoned
urban property, as defined in KRS 132.012, within the city.
(b) Abandoned urban property is established as a separate classification of real property for the
purpose of ad valorem taxation.
(c) Abandoned urban property means any vacant structure or vacant or unimproved lot or
parcel of ground in a predominantly developed urban area which has been vacant or
unimproved for a period of at least one (1) year and which:
(1) Because it is dilapidated, unsanitary, unsafe, vermin infested, or otherwise dangerous
to the safety of persons, it is unfit for its intended use;
(2) By reason of neglect or lack of maintenance, has become a place for the accumulation
of trash and debris, or has become infested with rodents or other vermin;
(3) Has been tax delinquent for a period of at least three (3) years;
(4) Has had a methamphetamine contamination notice posted as provided in KRS 224.1-
410 for a period of at least ninety (90) days, and the owner has neither appealed the
notice nor provided a certificate of decontamination during the ninety (90) days; or
(5) Is located within a development area established under KRS 65.7049, 65.7051, and
65.7053.
The rate of taxation levied upon abandoned urban properties is $1.50 on each $100.00 of
assessed value.
(a) The Fire Prevention Division Department of Community Development shall provide a list
of Abandoned Urban Property as of January 1 of each year to the Code Enforcement Board.
(b) The Fire Prevention Division Department of Community Development shall adopt a policy
for compiling the list of Abandoned Urban Property. The policy shall prioritize review of
long-term vacant and unimproved properties, while avoiding unintended consequences for
owners who are making good-faith efforts to renovate, sell, lease, or otherwise improve
their properties. The policy shall allow the Fire Prevention Division Department of
Community Development to defer inclusion on their list when an owner can demonstrate:
(1) Active, verifiable renovation or construction, supported by current and active building
permits, inspection results, or contractor invoices;
(2) Active and verifiable listing for sale or lease, supported by an active Multiple Listing
Service ("MLS") listing or current broker agreement;
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(3) Approved redevelopment activity, including having a development plan under review,
historic approvals, or financing commitments; or
(4) That the property is subject to probate, insurance claims, or a court order which
prohibit or impede improvements or use of the property.
(b) The Code Enforcement Board shall, each year, determine which properties in the city are
Abandoned Urban Properties in accordance with KRS 132.012, and considering the factors
in subsection (B) above, and shall prepare and furnish a final list of abandoned urban
properties to the city's Finance Department and the McCracken County Property Valuation
Administrator no later than April 1 of each year.
(c) Except as otherwise provided in subsection (d) below, a property classified by the Code
Enforcement Board as "abandoned urban property" as of January 1 shall be taxed as
abandoned urban property for such tax year. If the owner repairs, rehabilitates or otherwise
returns the property to productive use so that the property is no longer abandoned urban
property, the owner shall notify the City of Paducah and Code Enforcement Board, which
shall, if it finds the property no longer abandoned urban property, notify the Finance
Department and the McCracken County Property Valuation Administrator to strike the
property from the list of abandoned urban properties as of the succeeding January 1.
(d) (1) No later than May 1 of each year, the City of Paducah shall mail, by first-class mail, to
the owner(s) of each abandoned urban property, as those names are listed in the records of
the McCracken County Property Valuation Administrator, a notice that this property has
been classified as abandoned urban property. The owner of any abandoned urban property
who believes that the property has been incorrectly classified may request an appeal of such
classification to the Code Enforcement Board. Such request for appeal shall be in writing
and shall be delivered to the City Manager or his/her designee Department of Community
Development no later than June 1 of each year. The owner of the property shall be afforded
the opportunity for a hearing before the Code Enforcement Board. Unless the property
owner consents otherwise, the hearing shall take place no later than July 1. The general
procedures for the hearing shall be those procedures in place for other hearings before the
Code Enforcement Board as set out in section 42-39 and section 42-41(a)—(d), except that
the issue to be decided will be whether the property has been correctly classified as
abandoned urban property. The Board shall forward a written copy of its decision within
seven (7) days after the conclusion of the hearing to the property owner, the Fire Prevention
Division Department of Community Development, the City's Finance Department, and the
McCracken County Property Valuation Administrator in conformance with the procedures
for service and notice set forth in section 42-41(b).
(2) If, after a hearing, an owner of property that has been classified as abandoned urban
property demonstrates through substantial evidence that: the property was incorrectly
classified as abandoned urban property; or the conditions that caused the property to be
classified as abandoned urban property have been abated and the property has been
returned to its intended productive use, then the Code Enforcement Board shall direct
the Finance Department to remove the property from the abandoned urban property
classification list.
(3) Any interested party may appeal a Board's decision to the McCracken County Circuit
Court within thirty (30) days of the Board's decision.
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SECTION 10. CHAPTER 126 AMENDMENT. That the following sections of Chapter
126, Zoning, of the Code of Ordinances, of the City of Paducah, Kentucky, are hereby amended
as follows:
Sec. 126-71. Off-street parking and loading areas.
(a) Intent. It shall be the intent of this section to provide guidance for district parking and
loading/unloading standards as required by this chapter. Unless otherwise provided for in
the individual district's regulations, this section shall govern. Furthermore this section is
intended to:
(1) Ensure that adequate maneuvering, circulation and points of ingress and egress are
provided;
(2) Provide an adequate number of off-street parking spaces and loading/unloading bays
and maneuvering areas for every property use;
(3) Ensure that individual parking sizes will be large enough for the intended use of
specific properties;
(4) Provide a safe and efficient interface between the street and road system and the
parking and loading/unloading areas.
(b) General regulations. The following parking and loading/unloading requirements represent
minimum standards. Applicants are urged to properly assess their respective needs and
provide additional space as needed.
(1) Location on other property. If the required parking spaces cannot reasonably be
provided on the same lot on which the principal use is conducted, such spaces may be
provided on other off-street property within four hundred (400) feet of the main
entrance to the principal use. Such spaces shall be associated with the principal use and
shall not thereafter be reduced or encroached upon in any manner. Furthermore, when
parking space must be provided on such other property, a written agreement signed by
the owners of the subject properties must accompany the application for parking
layout.
(2) Variances. When it can be clearly shown that an intended use shall require less parking
or loading/unloading area than that which is required by this section because of
significant variation in operation or activity, the Planning Commission may grant a
reduction in the parking and loading/unloading requirements.
(3) Applicability. Off-street parking and loading/unloading shall be provided for any new
building constructed, for new uses or conversions of existing conforming buildings, or
for enlargements of existing structures.
a. For new uses, conversions or enlargements of existing conforming buildings, off-
street parking, loading and unloading in compliance with these regulations shall
be provided for the entire facility.
b. For enlargements of existing structures which do not conform to these regulations,
required parking must equal the sum of those spaces furnished by the use prior to
the enlargement and the number of spaces required by these regulations for any
additional use area.
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c. For buildings and sites containing storage buildings available for rent to the
public, improved surfacing and design requirements of subsection (g) of this
section, shall be required, regardless, if parking is required. For enlargements of
existing facilities, complete conformance of this section is required.
(4) Multiple uses on site. For sites with more than one (1) use, the parking requirement
shall be the sum of spaces required for each use, except as adjusted pursuant to
subsection (j) of this section.
(5) Exemptions. Any use within the B-2, B-2-T and in the H-1 business districts is exempt
from the off-street parking requirements provided by subsection (e) of this section.
Any off-street parking facility constructed in these districts after the effective date of
the ordinance from which this section is derived must comply with the design
standards set forth in subsections (d), (f), (g) and (h) of this section.
(c) Design approval. All lots or portions of lots being developed for vehicular parking which
contain at least four (4) spaces, or at least one (1) loading/unloading area that provides one
(1) space, shall have the design approval of the Planning Department of Community
Development and the Department of Engineering prior to issuance of a building permit.
Those administrative officials shall ensure that the intent and specific provisions of this
section are observed.
(d) Off-street parking requirements for residential land uses:
Housing Type and Requirement Parking
Single-family:
2 bedrooms 2 per unit
3 bedrooms 2 per unit
4 bedrooms 3 per unit
5 bedrooms 3 per unit
Duplexes, triplexes:
1 bedroom 2 per unit
2 bedrooms 2 per unit
3 bedrooms 3 per unit
Apartment building (4 units and up):
1 bedroom 2 per unit
2 bedrooms 2 per unit
3 bedrooms 2 per unit
Upper story apartments in the B-2, B-2-T,
and H-1 zones:
1—3 units No requirement
4 or more units 1 private or public space per unit shown to be
available in a downtown zone
Mobile homes 2 per unit plus 1 per 5 units guest parking
(e) Off-street parking requirements for nonresidential land uses.
GFA — Gross floor area measured in square feet.
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GLA — Gross leasable area measured in square feet.
Use Parking Requirement
Assembly operations 1 per 800 GFA
Auto sales:
Outdoor display 1 per 3,000 square feet
Indoor display/office 1 per 750 GFA
Repair facilities 1 per 150 GFA
Bars and lounges 1 per 200 GFA
Bowling alley 4 per alley
Car wash 10 per tunnel (parking and stacking)
Places of worship 1 per 3 seats
Day care facilities 1 per 400 GFA; and a paved unobstructed pick-up space with
adequate stacking areas (as determined by the Department of
Planning Community Development ) shall be provided in
addition to the standard parking requirements; and a safe
pedestrian walkway system (as approved by the Department
of Planning Community Development) through the parking
areas to the building entrance, with a minimum 15-foot safety
zone between the parking spaces and the front building
entrance.
Financial institutions 1 per 300 GFA
Finishing operations 1 per 800 GFA
Golf courses 50 per nine holes
Group homes 1 per 600 GFA
Hotel/motel 1 per room plus 1 per additional 100 GFA of
ballrooms/banquet rooms/meeting rooms and similar spaces.
Hospitals 2.25 spaces per bed
Industrial 1 per 800 GFA
Library 1 per 300 GFA
Manufacturing 1 per 800 GFA
Medical centers/offices 1 per 200 GFA
Offices:
Under 50,000 GFA 4.5 per 1,000 GFA
50,000 to 100,000 GFA 4 per 1,000 GFA
100,000+ GFA 3.5 per 1,000 GFA
Receiving 1 per 5,000 GFA
Research 1 per 1,000 GFA
Restaurant:
Quick style 1 per 30 GFA (of the public dining area)
Drive through 8 stacked spaces (per window)
Sit down style 1 per 3 seats
Retail stores 1 per 300 GFA
Schools:
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Elementary 2 per classroom
Intermediate 1.5 per classroom
Secondary 1 per 1,000 GFA
Higher or vocational 10 per classroom plus:
1 per campus vehicle.
Additional visitor parking to be 25 percent of total parking.
Parking must be in reasonable proximity to destination
points.
Service stations 4 per bay or work area
Shipping facilities 1 per 5,000 GFA
Shopping centers:
Under 400,000 GLA 3.5 per 1,000 GLA
400,000+ GLA 4 per 1,000 GLA
Storage areas/facilities 1 per 5,000 GLA
Theater:
Freestanding 1 per 3 seats
In shopping center 1 per 4 seats
Warehouse 1 per 5,000 GFA
When computing number of seats and GFA or GLA for parking, where no individual
seating (such as and like sports facilities and places of worship) is provided, every
twenty-four (24) inches will be considered a seat.
When calculating GFA and GLA, fractions up to one-half (½) shall be disregarded, and
fractions of one-half or more shall require one (1) parking space.
When calculating the required parking for a specific intended use that does not appear in
this section, the Zoning Administrator shall make a determination of a similar use that
does appear in this section.
(f) Number of off-street loading spaces.
Gross Floor Area (square feet) Number Required
Less than 5,000 No requirement
5,001—25,000 1
25,001—75,000 2
75,001—150,000 3
Over 150,000 4
(g) General design requirements; maintenance standards.
(1) Aisles and access drives. Off-street areas for maneuvering and circulation shall equal
the number of spaces or area required and shall be of useable shape and surface and
have convenient ingress and egress. Aisles and access drives shall be designed so as to
provide adequate vehicular maneuvering upon the property being served and in no case
shall off-street parking areas be permitted which encourage or require the backing onto
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or maneuvering within any public right-of-way, except residential uses and in alley
ways. However, residential parking areas shall not permit backing onto arterial streets,
or streets designated as Federal or State highways.
(2) Traffic circulation controls. Where raised channeling devices, internal landscaping,
and other similar geometrics are utilized, they shall count as being of useable shape
and surface as required in subsection (g)(1) of this section.
(3) Surfacing. Where parking and loading areas are provided for four (4) or more vehicles,
and maneuvering extensions thereof, they shall be improved within six (6) months of
application with any base material with an asphaltic, bituminous, cement or other
properly bound surface, so as to be durable and dustless, and shall be graded and
drained so as to dispose of all surface water accumulation within the areas without
carrying said water accumulation over a public sidewalk. The aforementioned surface
and drainage requirements shall be reviewed and approved by the Engineering
Department.
(4) Lighting. Any lighting used to illuminate such off-street parking and loading/unloading
areas shall be so arranged as to reflect away from any adjoining properties or uses and
any public right-of-way.
(5) Traffic visibility sight triangle required. All points of ingress and egress shall maintain
seven (7) foot sight triangles. Landscaping shall not exceed twenty-four (24) inches in
height above grade.
(6) Areas greater than minimum standards. When parking or loading/unloading areas
beyond the minimum standards are provided, all other design requirements as
described herein shall be observed.
(7) Maintenance. Parking lots and loading/unloading areas shall be kept reasonably free of
dirt, trash and other loose debris. These areas shall also be reasonably well maintained
and free of pot-holes and other decay.
(8) Access design requirements. Functional classification of streets shall be determined by
the Department of Planning Community Development.
a. Entrances and exits. One-way entrances and exits shall be at least fifteen (15) feet
wide. Two (2) way entrances and exits shall be at least twenty-four (24) feet wide
for minor streets and thirty (30) feet wide for arterial or collector streets.
b. Curb cuts. All curb cuts shall be subject to review and approval by the
Department of Engineering and Environmental Services.
c. Minimum space sizes.
1. Employee parking: Nine (9) by eighteen (18) feet (Including the following
uses: lots solely for employee parking, offices, financial institutions, personal
services, restaurants, and retail trades where bagged or bulky goods are not
transferred; and other similar uses as determined by the Zoning
Administrator.)
2. Public parking: Ten (10) by eighteen (18) feet (Including the following uses:
supermarkets, convenience stores, take-out restaurants, department stores,
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furniture outlets, and other similar uses that transfer large or bulky items;
also medical offices, hospitals, clinics and nursing homes; and all other
similar uses as determined by the Zoning Administrator.)
3. Parking garages: Eight (8) feet, eight (8) inches by eighteen (18) feet.
4. Parallel parking: Ten (10) by twenty-four (24) feet.
5. Handicap parking: Sixteen (16) by eighteen (18) feet (first space) thirteen
(13) by eighteen (18) feet above first space. One (1) of every six (6)
handicapped spaces, or fraction thereof, must be van accessible (sixteen (16)
by eighteen (18) feet).
6. Loading/unloading: Ten (10) by fifty (50) by fourteen (14) feet.
d. Screening requirements. Screening shall be provided as per section 126-72.
(h) Layout and dimensions of spaces.
(1) Parking areas. See Illustration No. 1 in the appendix at the end of this chapter.
(2) Loading areas.
Design
Vehicle
Length in
Feet (L)
Dock
Angle (L)
Clearance
in Feet (W)
Berth
Width in
Feet (W)
Apron
Space in
Feet (A)
Total
Offset in
Feet (T)
10 63 113
12 56 106
90° 50
14 52 102
10 46 90
12 40 84
60° 44
14 35 79
10 37 73
12 32 68
WB-40 50
45° 36
14 29 65
10 77 132
12 72 127
90° 55
14 67 122
10 55 103
12 51 99
60° 48
14 46 94
10 45 84
12 40 79
WB-50 55
45° 39
14 37 76
(i) Parking requirements for persons with disabilities.
(1) Parking lots in excess of four (4) spaces shall provide persons with disabilities parking
at the following rate or as may be required by Kentucky Building Code or the
American Disabilities Act, whichever is more stringent:
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Number of spaces required Person with disabilities stalls
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2% of total
1,001 and over 20, plus 1 for each 100, or fraction thereof,
over 1,000
(2) These represent minimum requirements for all property uses; applicants are
encouraged to provide additional space if known that their particular use dictates
additional space.
(j) Adjustment for mixed use developments. The Planning Commission may authorize an
adjustment in the total parking requirement for separate uses located on the same site or for
separate uses located on adjoining sites and served by a common parking facility. An
application for such an adjustment must include a site plan showing the location of parking
and extent of various uses, the requested reduction in the parking requirement, and
supporting data addressing why such a reduction should be permitted.
Sec. 126-73. Home occupations.
Home occupations are conditionally permitted uses and shall be approved in compliance
with the following regulations:
(1) Nature of use. Home occupations may include the office or studio in the residence of
the following:
a. Doctor;
b. Dentist;
c. Artist;
d. Lawyer;
e. Engineer;
f. Tailor;
g. Teacher (with musical instruction limited to one (1) pupil at a time);
h. Realtor;
i. Insurance agent;
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j. Other similar uses except a barbershop, beauty shop, tearoom or animal hospital
(see definition of home occupation, section 126-3).
(2) Use restrictions. The following restrictions shall be placed on the above home
occupations:
a. Must be conducted exclusively by the resident and no more than one (1)
employee.
b. Not more than one-fourth (¼) of one (1) floor of the residence shall be used.
c. Alterations and construction shall be allowed, provided that the external character
and appearance of the building remains unchanged and the requirements of this
article are met.
d. An indirectly lighted sign of not over one (1) square foot shall be permitted and
shall be attached flat against the dwelling.
(3) Conditions. The Board of Adjustment may attach conditions to its approval which are
necessary to preserve the character of the district in which the proposed use will be
located.
(4) Staff approval. Staff may approve home occupations when the proposed home
occupation meets the following provisions:
a. No employees who do not reside at the residence.
b. No storage of stock or goods.
c. No customers may come to the residence.
d. No signage on the property.
e. Home occupation must be clearly incidental and subordinate to the residential use.
f. Property owner must register their name and address with the Department of
Planning Community Development.
g. Business owner must obtain a business license.
Sec. 126-79. Qualified manufactured homes.
Qualified manufactured homes are permitted in the R-2, R-3 and R-4 Zones for single-
family residential purposes with the following provisions which shall be made prior to
occupancy. Qualified manufactured homes shall be subject to the zone requirements for single-
family residential structures in addition to the following:
(1) Manufactured homes must be a qualified manufactured home that meets the following
criteria:
a. Is manufactured on or after July 15, 2002.
b. Is affixed to a permanent foundation, is connected to the appropriate facilities and
is installed in compliance with KRS 227.570. The term "permanent foundation"
means a system of supports that is:
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1. Capable of transferring, without failure, into soil or bedrock, the maximum
design load imposed by or upon the structure.
2. Constructed of concrete.
3. Placed at a depth below grade adequate to prevent frost damage.
c. Has a width of at least twenty (20) feet at its smallest width measurement or is
two (2) stories in height.
d. The structure must be oriented on the lot or parcel so that its main entrance door
faces the street.
e. Is not located in a manufactured home land-lease community. Manufactured
homes in a land-lease community shall comply with section 126-69.
f. The structure is compatible, in terms of assessed value, with single-family
housing stock located within a one-eighth (⅛) mile or less radius.
(2) Compatibility standards. Proposed qualified manufactured homes shall meet the
following compatibility standards as they relate to single-family housing stock within a
one-eighth (⅛) mile or less of the site.
a. The square feet of living space shall be within one thousand (1,000) square feet of
living space on the ground floor as other housing stock, but in no case shall be
less than one thousand (1,000) square feet in the R-2 Zone and nine hundred (900)
square feet in the R-3 and R-4 Zones.
b. The roof pitch shall be within two (2) inches of rise as other housing stock but in
no case shall be less than 3:12.
c. The exterior finishing materials shall be consistent with other housing stock.
(3) All wheels, springs, axles, lights and towing apparatus shall be removed.
(4) The roof covering shall be shingle or metal.
(5) The foundation shall be screened with masonry block or brick.
(6) If no single-family structures exist within one-eighth (⅛) of a mile or if the home is
proposed in a commercial or industrial zone, the following minimum standards shall
apply:
a. The structure shall have a gable or hipped roof pitched at least three (3) inches of
rise over twelve (12) inches of run, covered with shingles, ribbed metal or
standing seam metal.
b. The structure shall be sided with wood, aluminum, vinyl, brick or stucco.
(7) One (1) qualified manufactured home shall be located on one (1) lot. However, if a
qualified manufactured home is proposed to abridge one or more property lines due to
limited space, a deed must be recorded at the McCracken County Clerk's office
showing each lot or parcel as lot or parcel A, B, C, etc. within one (1) legal description.
A copy of said deed shall be submitted to the Department of Planning Community
Development within three (3) months of application approval. In no case shall a
qualified manufactured home abridge a property line if it can fit onto one (1) lot.
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(8) No type of manufactured housing shall be permitted in the following zones: R-1 Low
Density Residential Zone, NSZ Neighborhood Services Zone, NCCZ Neighborhood
Commercial Corridor Zone, H-1 Historic Commercial Zone, H-2 Historic
Neighborhood Zone, POP Planned Office Park, HM Hospital Medical Zone, MU
Mixed-Use Zone, B-2-T Downtown Business Townlift Zone and A-1 Civic Center
Zone.
Sec. 126-83. Landscape regulations.
(a) Purpose. The purpose and intent of this section is to improve the appearance of vehicular
use areas (VUAs) and property abutting public rights-of-way; to require screening between
incompatible land uses; and to protect, preserve and promote the aesthetic appeal, character
and value of the surrounding neighborhoods; to promote public health and safety through
the reduction of noise pollution and air pollution.
(b) Landscape review procedure. This section applies to all developments subject to site plan
review with the exception of single-family developments. The requirements stated in this
section shall be addressed during the applicable site plan review process.
(1) New sites currently undeveloped. No new site development, building, or structure shall
be constructed or vehicular use area created unless landscaping is provided as required
by the provisions of this section.
(2) Existing sites currently developed. Improvements to an existing site that include
building additions or vehicular use area expansions shall be required to bring only the
new improvements into compliance with this section.
(c) General requirements.
(1) All landscaping materials shall be installed in a sound manner and according to
accepted good construction and planting procedures. Any landscape material, which
fails to meet the minimum requirements of this article at the time of installation, shall
be removed and replaced with acceptable materials. The owner, lessee, tenant or
occupant shall be responsible for the continued proper maintenance of all landscaping
materials and shall keep them in a proper, neat and orderly appearance free from
refuse, debris, noxious weeds and unwanted grass at all times. All unhealthy or dead
plant material shall be replaced within four (4) months or by the next fall or spring
planting season, whichever comes first. Other defective landscape material shall be
replaced or repaired within two (2) months. Plant material shall not be severely pruned
such that the natural growth pattern or characteristic form is significantly altered.
Topping or heading back trees, as defined by the International Society of
Arboriculture, is prohibited. The severe cutting of limbs to stubs larger than three (3)
inches in diameter is prohibited. Utility companies are exempt from this requirement.
(2) Paducah, Kentucky is located within the USDA Plant Hardiness Zone 7a.
(3) Existing trees shall be:
a. Preserved where possible as determined by the Zoning Administrator or designee.
b. Inventoried on properties proposed for new development to include:
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1. All trees greater than or equal to four (4) inches in diameter at breast height
(dbh),
2. Trees growing immediately adjacent to and/or over the property from
adjacent properties,
3. Trees in public rights-of-way immediately adjacent to the property,
4. Tree dripline/extent of tree canopy shall be shown on site plans,
5. Tree protection zone (TPZ) shall be established, at a minimum, to the extent
of the drip line of trees to be preserved.
(4) Surfaces denuded of vegetation shall be seeded or sodded to prevent soil erosion.
(5) Sight triangles: See section 126-65.
(6) Trees larger in diameter (dbh) than fifteen (15) inches shall be considered "Significant"
and shall be preserved intact without damage, unless approval is given for removal by
the Zoning Administrator or designee.
a. A TPZ shall be determined and remain undisturbed throughout the extent of
construction.
b. Trees larger than thirty (30) inches in diameter (dbh) shall be considered
"Historic" and shall be labeled as such on submitted site plans.
(7) Tree protection fencing shall be established around the limits of the TPZ, typically the
extent of the tree dripline.
(8) Proposed trees shall be selected from a list of approved trees. Deviations from the
approved list shall be submitted to the Department of Planning Community
Development for approval prior to acceptance.
(9) Trees or other plant materials identified on a list of unacceptable trees and plant
materials shall not be selected or installed on any development.
(10) Trees and understory vegetation shall only be approved as selected from the approved
list of trees for utility trees.
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Landscaping.
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505 or more spaces 59 trees for the first 505 spaces, plus 1 tree
for each additional 11 spaces or fraction
thereof
(2) Shade/canopy trees shall be at least two and one-half (2½) inches in diameter at a point
twelve (12) inches above the ground when planted, ornamental/understory trees shall
be at least one and three-fourths (1¾) inches in diameter at the point twelve (12) inches
above ground when planted and approved multi-stemmed trees shall be a minimum of
seven (7) feet tall. All trees shall be protected from potential damage by vehicles.
Thirty (30) percent of required trees shall be placed within the perimeter of the actual
parking surface area in those parking lots of over twenty (20) spaces, spaced not closer
together than twenty (20) feet.
(3) Interior landscaping for vehicular use areas (VUAs). Landscaping shall include trees,
shrubs, flowers or other living matter and shall be provided for vehicular use areas in
accordance with the following standards:
a. A minimum of five (5) percent of the total VUA shall be landscaped and the
landscaping shall be dispersed throughout the paved area. The VUA landscaping
shall only be required for uses that have more than twenty (20) parking spaces.
b. The VUA landscaping shall contain a variety of trees and be dispersed in the form
of planting islands or peninsulas throughout the VUA. The minimum size of a
planting island or peninsula containing a tree(s) within the VUA shall be two
hundred (200) square feet with minimum dimensions of ten (10) feet by twenty
(20) feet or a minimum of eighty (80) square feet if a tree is not proposed.
c. No more than one (1) tree shall be planted per two hundred (200) square feet of
islands or peninsulas.
d. Planting islands within the VUA shall be required at the end of every other
parking row, when parking rows are provided in the interior portions of the
parking lot. (Illustration #1)
Illustration #1
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1. All planting islands shall be planted with grass, low ground cover, shrubs,
flowers or any combination of these. Hard surfaces or gravel are not
permitted in lieu of plant materials.
2. All planting islands shall have a minimum of six (6) inch curbs installed to
protect the planting area from vehicular traffic.
3. All plant material (other than grass, or ground cover) located within
landscape islands where vehicle overhangs are needed shall be setback a
minimum of two (2) feet, six (6) inches from the edge of pavement or the
face of the curb.
4. Sign landscaping. Landscaping shall be located around the base of
freestanding signs. The landscaping shall be ornamental in nature with
shrubs, flowers and other ornamental plant materials. Sign landscaping is not
required for freestanding signs permitted before the adoption of this article.
The amount of landscape area required shall be one (1) square foot of
landscape area per one (1) square foot of sign area. At least fifty (50) percent
of the required landscaping area shall be planted with trees and/or shrubs.
5. Building landscaping. Any blank facade or portion of a facade of a building
that is not used for outdoor display, storage or loading/unloading shall be
required to provide the following landscaping if the wall is visible from a
public right-of-way. Blank facades shall be classified as any wall that does
not have windows used for display or entry doors for employees or the
general public. Buildings, which are ten thousand (10,000) square feet or
smaller shall be exempt, form the requirements of this section.
(i) Trees shall be provided on an average of at least one (1) tree per
forty (40) linear feet of blank facade as defined above and shrubs
shall be provided on an average of at least one (1) shrub per ten
(10) linear feet of blank facade. This landscaping is not required to
be placed in a linear design, but shall be required to be dispersed
throughout the length of the building facade.
(ii) Facades that abut VUAs shall have a minimum eight (8) feet wide
planting area. This planting area can be reduced by four (4) feet if
sidewalks are installed.
(e) Screening requirements. The necessity and type of screening required varies greatly with
each particular situation. Therefore, it is the intent of this section to provide a discretionary
measure in deciding the appropriate height, width and type of screening necessary, with the
following provisions:
(1) Where a business zone abuts a City or County residential zone, a screen shall be
required along the boundary of the business property adjacent to the residential
property.
(2) Where an industrial zone abuts a City or County residential zone, a screen shall be
required along the boundary of the industrial property adjacent to the residential
property.
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(3) Where on any lot, or portion thereof; automobiles, appliances and their component
parts are under repair or reduction, a screen shall be required.
(4) Off-street parking lots shall be screened when located adjacent to or in a residential
zone.
(5) Mobile home parks shall provide a screen along their property lines as required by
section 126-69(5).
(6) Commercial or industrial businesses shall provide a screen between the commercial or
industrial business and any residential use located adjacent to it, irrespective of zone.
(7) Fences in a residential zone, which may be placed along a boundary for the purpose of
providing privacy or security to the resident, shall follow the following height
limitations: (Illustration #2)
a. Front yard: Four (4) feet. Fences shall be of a decorative design (chain-link,
barbed wire, stock wire, chicken wire and similar type fences are not permitted in
the front yard).
b. Side yard: Six (6) feet.
c. Rear yard: Eight (8) feet.
Illustration #2
d. For the purpose of this section, the term "fence" shall be interpreted to include any
type of fence, wall, trellis or structure placed for the purpose of this section.
e. All fences shall be constructed of durable materials and shall be installed to
withstand the elements. Fences shall be maintained in good repair at all times.
f. Uses specified above as requiring screening shall provide a visual obstruction
from adjacent properties in conformance with the following standards:
1. The screen may be composed of view-obscuring vegetation, wall, fence or
berm.
2. The items may be used individually or in combination. Fences constructed of
chain-link, barbed wire, stock wire, chicken wire or other similar type fences
are not permitted when used for screening.
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3. The result shall be a semi-opaque eighty (80) percent screen, which obscures
views from the ground to a height of the object being screened; however, the
screen is not required to exceed eight (8) feet.
4. Plant materials shall be at least two (2) feet tall at the time of installation and
reach the desired height within three (3) to five (5) years.
5. When a combination of features is proposed, one-fourth (1/4) of the surface
area of walls, fences or berms that face off-site must be covered with plant
material within three (3) to five (5) years.
6. Screening areas shall be sufficient to allow for the mature growth of plant
materials when used.
(8) A developer shall submit a site plan to the Planning and Zoning Administrator and
shall show the proposed type of screening to be located along the boundary of the
developer's property.
(f) Enforcement.
(1) Inspections will be conducted by the Department of Planning Community
Development after the installation of landscaping to ensure compliance with the
submitted and approved site plan.
(2) The removal or destruction of landscape material previously approved by the City shall
constitute a violation of this chapter. Replacement of landscape material shall be of
like size as that which was removed or destroyed.
(3) Violation of this article shall be grounds for the refusal of a certificate of occupancy,
require replacement of landscape material, and/or will subject those in violation to the
established fines and penalties of this chapter.
(g) Waiver of requirements. The Planning Commission shall have the authority to grant a
waiver of any of the requirements in this section upon written request, which outlines the
rationale for the waiver. The Planning Commission shall review each written request and
grant a waiver only:
(1) Under unusual or extreme circumstances which cause an unreasonable hardship such
as the size of the lot.
(2) When an innovative or alternative approach can be made which still meets the intent
and purpose of this section.
Sec. 126-87. Mobile food vehicles and food tents.
(a) Purpose and intent. In order to promote a new dynamic for the citizens of Paducah, create
new jobs, increase quality of life and diversify dining options; this section of this chapter
has been adopted to allow mobile food vehicles and food tents to operate under specific
guidelines.
(b) Definitions. The following words, terms and phrases shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
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Food tent means a temporary structure with or without sidewalls or drops, constructed
of fabric or pliable material supported by any manner except by air or the contents that it
protects, used for the purposes of serving food or beverage to the general public.
Mobile food administrator means the Director of Planning Community Development
or designee. The Administrator shall be responsible for the administration, oversight and
enforcement of the provisions under this section.
Mobile food vehicle means a vehicle-mounted, vehicle-towed or vehicle-carried food
service establishment that engages in the sale and preparation of food or beverages in
individual portions to the general public.
Mobile food vendor means a person that prepares or serves food or beverages to the
general public from a mobile food vehicle.
(c) Exemptions. This section shall not apply to ice-cream or coffee trucks that move from place-
to-place and are stationary in the same location for no more than ten (10) minutes at a time.
This section also does not apply to food vending push carts, food stands, mobile food
vehicles in operation under a special event permit, mobile food vehicles intended to be
stationary, such as; but not limited to, in a mobile food vehicle court and food tents in the
Highway Business District.
(d) Zoning locations. Mobile food vehicles may operate in the following zones: B-1, B-2, B-2-
T, B-3, HBD, M-1, M-2, M-3, A-1, POP and HM Zones. A mobile food vehicle may
operate on a parcel that contains non-residential uses in the MU, H-2, NSZ and NCCZ
Zones and in Planned Unit Developments (PUDs). All other zones are expressly prohibited,
except in public parks as described herein.
(e) Location and hours. Mobile food vehicles are permitted on City of Paducah right-of-way
(ROW). Mobile food vehicles are expressly prohibited from locating on State of Kentucky
ROW. Mobile Food Vehicles may not locate within one hundred (100) feet of the principal
entrance of any restaurant where more than fifty (50) percent of sales are derived from food,
without the express written consent of said restaurant(s).
(1) The mobile food vendor must obtain written permission from the property owner to
locate on private property and said permission must be made available to the mobile
food administrator. Mobile food vehicles may locate in public parking lots with written
approval from the mobile food administrator. Vehicles in the ROW may be asked to be
moved in the event of street cleaning, snow removal, parades, construction or other
events as deemed necessary, in the sole opinion, of the Mobile Food Administrator.
Mobile food vehicles in private parking lots may be asked to be moved in the event
sufficient parking is not available. Written permission must be granted from the
Paducah Parks Services Director or designee; or the McCracken County Judge
Executive or designee (depending on ownership) if the mobile food vendor proposes to
operate in a public park.
(2) In no case shall a mobile food vehicle obstruct traffic or pedestrian flow. A mobile
food vendor shall ensure that a minimum of four (4) feet of unobstructed sidewalk
remains open for pedestrian traffic. Mobile food vehicles parked in the ROW shall not
occupy more than two (2) parking spaces. No stop sign, yield sign, school crossing
sign or any other traffic-control sign or signal shall be obstructed. No ingress/egress of
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any driveway or alley shall be obstructed. No fire hydrant or fire lane shall be
obstructed.
(3) Mobile food vehicles may operate within the hours of 6:00 a.m. to 11:00 p.m. Mobile
food vehicles may operate until 2:00 a.m. if the mobile food vehicle is located on
private property and the principal business located on the private property is open.
Mobile food vehicles may not be left overnight in public parking lots or on City ROW.
(f) Self-contained units and appurtenances. All mobile food vehicles shall have self-contained
water and wastewater. No gray water or grease shall be dumped upon any street, sidewalk
or down a stormwater drain. Mobile food vehicles on private property may utilize electric
power from the property being occupied or an adjacent property, but only when written
consent is obtained to do so. No power cable, extension cord or other equipment shall be
extended across any street, alley or sidewalk. If a power cable, extension cord or other
electrical equipment is extended across a parking lot, said equipment must be protected
from vehicle movements in accordance with the National Electrical Code requirements.
(1) No tables, chairs, umbrellas or other appurtenances shall be allowed on public
property.
(2) All mobile food vehicles shall be in compliance with regulations established by the
Cabinet for Health and Family Services, Department for Public Health, Division of
Public Health Protection and Safety and/or the Purchase District Health Department.
(g) Garbage disposal. All mobile food vendors must provide one (1) or more garbage
receptacles for their patrons. All mobile food vendors must keep the area around their vehicles
free from litter, refuse and garbage.
(h) Serving articles and alcoholic beverages. Patrons shall be provided with single-service
articles, such as plastic utensils, plastic or Styrofoam cups and paper or Styrofoam plates.
Mobile food vehicles shall not serve any alcoholic beverage unless permitted as part of a
special event.
(i) Special events. Mobile food vehicles are prohibited from vending two thousand five
hundred (2,500) feet from special event permitted areas; including, but not limited to,
Barbeque on the River and Quilt Week unless the mobile food vehicle is permitted by the
City; the City Parks Services Department and/or the permit holder responsible for the
special event. Mobile food vehicles shall comply with all aspects of applicable provisions of
the National Fire Protection Association (NFPA) Code 1 (2018 Edition), Chapter 50
(Commercial Cooking), and any future amendments thereto adopted by the NFPA, unless
specifically omitted by amendment to this article.
(j) Noise. No mobile food vehicle may emit bells, music, horns or other audible sounds used to
attract customers. Strobe lights, flashing lights or other repetitious lighting are prohibited.
The noise level from the food truck motor and generator must comply with the City's Noise
Ordinance. Generators shall not be permitted on Broadway between Water Street and North
7th Street/Clarence Gaines Street, 2nd Street or within one hundred (100) feet of a
residence, unless a generator is utilized that produces a noise level of seventy-two (72)
decibels or less.
(k) Application and permitting.
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(1) Mobile food permit required. Any operator of a mobile food vehicle must apply for and
receive, on an annual basis, a mobile food zoning compliance permit (the "mobile food
permit") from the Mobile Food Administrator. The mobile food permit is required for
each mobile food vehicle. The mobile food permit shall be prominently displayed on
the mobile food vehicle along with other permits as required by this chapter.
(2) Application. Every mobile food vendor desiring to operate a mobile food vehicle shall
submit an application for a mobile food permit to the Mobile Food Administrator. All
mobile food vendors shall obtain necessary inspections and permits otherwise required
by the City of Paducah, the Purchase District Health Department, and any other local,
State or Federal agencies or departments, including a current City business license and
any other inspections and permits required by the Paducah Fire Prevention Division, in
order to vend in the City limits. In addition to the information required in the
application, the Mobile Food Administrator may request other information reasonably
required. The mobile food permit application shall not be considered complete until the
Mobile Food Administrator has all information as required by the application.
(3) Issuance of mobile food permit. Once the application is considered complete, the
Mobile Food Administrator shall issue or deny the mobile food permit within fourteen
(14) business days. If the Mobile Food Administrator is satisfied that the application
and mobile food vehicle conform to the requirements of this chapter and other
pertinent laws and ordinances, a mobile food permit shall be issued to the applicant. If
the application and mobile food vehicle does not conform to the requirements of this
chapter or other pertinent laws or ordinances, the Mobile Food Administrator shall not
issue the mobile food permit, but shall inform the applicant of the denial. Such denial,
when requested, shall be in writing and state the reasons for denial. The mobile food
permit shall be valid for one (1) calendar year from the date of issuance, unless the
mobile food permit is revoked pursuant to this chapter.
(4) Permit renewal. Every mobile food permit, unless suspended or revoked for a violation
of any provision of this chapter or other requirement or ordinance of the City, can be
renewed annually prior to expiration. An application for renewal of a mobile food
permit shall be made through the Mobile Food Administrator. Upon the mobile food
permit's expiration, the holder of the mobile food permit forfeits the right to renew and
the mobile food vendor must reapply for a new mobile food permit.
(5) Inspections after permitting. Permitted operations will be inspected periodically and
without notice by representatives of various City departments to ensure compliance
with this chapter.
(6) Operation without permit. Any mobile food vehicle operating without a valid mobile
food permit may be deemed a public safety hazard and may be ticketed and
impounded. The penalty for operating without a mobile vehicle permit shall be the
same as section 126-178.
(7) Revocation of permit. The Mobile Food Administrator may revoke a mobile food
permit if it is discovered that:
a. An applicant obtained the mobile food permit by knowingly providing false
information on the application;
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b. The continuation of the mobile food vendor's use of the mobile food permit is a
threat to public health or safety, or if the mobile food vendor otherwise presents a
threat to public health or safety; or
c. The mobile food vendor or mobile food vehicle violates regulations of this article
or any other City ordinance.
(8) Appeal of revocation. If a mobile food permit is revoked, the Mobile Food
Administrator shall state the specific reasons for the revocation. Any mobile food
vendor whose mobile food permit has been revoked may appeal such denial by
submitting a written request for a hearing to the Mobile Food Administrator within ten
(10) days of revocation. An informal hearing shall be conducted within thirty (30) days
of the Mobile Food Administrator's receipt of said appeal by a panel comprised of the
Chairman of the City Planning Commission, the City Manager and the Director of the
Fire Prevention Division. The panel shall consider whether the revocation was justified
and whether good cause exists to reinstate the mobile food permit. The panel shall
issue its decision on the appeal in a written opinion within ten (10) business days; the
written opinion will be sent via first class mail to the mobile food vendor at the address
listed on the mobile food vehicle application. The decision resulting therefrom shall be
final. Following the revocation of a mobile food permit, a vendor must wait one (1)
year before reapplying for a new mobile food permit.
(l) Food tents. Food tents shall be principally permitted in the B-2 Zone and as promulgated
through the higher-intensity zones. In addition to the following, food tents shall follow
subsections (e)—(j) of this section as applicable.
(1) Festivals/events. Food tents may be utilized only as part of a private festival or event
such as, but not limited to; Food Truck Fridays or block parties.
(2) Approvals. Food tents shall receive necessary approvals from the Fire Prevention
Division and the Purchase District Health Department. Food tents shall be required to
pass an on-site inspection by the Fire Prevention Division.
(3) Cooking. No cooking shall take place under a food tent unless the tent meets the
requirements of the National Fire Protection Association standard #701. All cooking
areas must be kept isolated from the public.
(4) Separation. Food tents shall be located further than twenty (20) feet from another tent
or other structure.
Sec. 126-88. Reasonable accommodation for recovery homes.
(a) Definitions. For the purposes of this article, the following terms are defined as follows:
(1) Certifying organization. Certifying organization, as used in this article, means:
a. The Kentucky Recovery Housing Network;
b. The National Alliance for Recovery Residences;
c. Oxford House, Inc.; and
d. Any other organization that develops and administers professional certification
programs requiring minimum standards for the operation of recovery residences
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that has been recognized and approved by the Cabinet for Health and Family
Services.
(2) Fair housing laws. The Federal Fair Housing Amendments Act of 1988 (FHA) and the
provisions of KRS 344.600 et seq., as may be amended from time to time (fair housing
laws).
(3) Group home. A residential facility for the care of multiple unrelated individuals living
in a single housekeeping unit and recognized as handicapped individuals under the Fair
Housing Act and American with Disabilities Act. A group home shall be considered a
recovery home for all purposes consistent herewith, even if such home includes
multiple unrelated individuals.
(4) Handicapped. Person with disabilities; for the purposes herein, has the meaning set
forth in the Federal Fair Housing Act and the American with Disabilities Act and is an
individual who has a physical or mental impairment that limits one (1) or more of the
major life activities of such individual, is regarded as having such impairment, or has a
record of such impairment. While a person recovering from substance abuse is
considered a person with a disability under 42 U.S.C. § 3602 (h), a person who is
currently engaged in illegal use of a controlled substance is not.
(5) Operator. An individual or business entity, whether for profit or non-profit, which
provides residential services at a recovery home.
(6) Reasonable accommodation. The act of making a dwelling unit or housing facility
readily accessible to, and usable by, a person with disabilities, through the removal of
constraints in the City's land use, zoning, permit and processing procedures. All
requested or proposed accommodations may not be reasonable and the reasonableness
of a request will be determined by the City.
(7) Recovery home. A recovery home means a single-family dwelling unit inhabited or
intended to be inhabited by unrelated individuals recovering from a drug and/or
alcohol addiction, considered as a handicapped individual under State or Federal law,
which promotes use disorder recovery through abstinence from intoxicating
substances; and shall not include facilities which provide on-site supportive services to
residents including the following: mental health services; clinical rehabilitation
services; social services; medical, dental, nutritional or other health care services;
financial management services; legal services; vocational services or other similar
supportive services.
(8) Recovery support services. Recovery support services means activities that are directed
primarily toward recovery from substance use disorders and includes; but is not limited
to, mutual aid self-help meetings, recovery coaching, spiritual coaching, group support
and assistance in achieving and retaining gainful employment. Recovery support
services does not include any medical, clinical, behavioral health or other substance
use treatment service for which a license or other approval is required under State law.
(b) Purpose.
(1) Fair Housing Laws impose an affirmative duty on local governments to make
reasonable accommodation in their land use, zoning regulations and land-use practices
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when such accommodation may be necessary to afford handicapped individuals an
equal opportunity to housing in accordance therewith.
(2) In furtherance of the purposes of the Fair Housing Laws, this section is intended to:
preserve the residential character of predominately single-family residential
neighborhoods; ensure that inhabitants of recovery homes are actually entitled to
reasonable accommodation; limit the secondary impacts of recovery homes by
reducing noise, lighting and traffic; preserve safety, provide adequate on-street or off-
street parking; provide an accommodation for handicapped individuals that is
reasonable and actually bears some resemblance to the opportunities afforded non-
handicapped individuals to use and enjoy a dwelling in a residential neighborhood and
to encourage living environments that will enhance opportunities for handicapped
individuals to remain in recovery. Pursuant to Fair Housing Laws, this article is also
created to provide handicapped individuals reasonable accommodation in zoning
regulations to ensure equal access to housing and facilitate the development of housing
for individuals with such recognized handicaps when the same may act as a barrier to
fair housing opportunities.
(3) There is hereby established a procedure for making requests for reasonable
accommodation in land use and zoning regulations to comply fully with the intent and
purpose of Fair Housing Laws. Unless a recovery home has been granted reasonable
accommodation as provided in this article, recovery homes shall comply with zoning
regulations applicable to the zone in which they are located.
(c) Applicability. Reasonable accommodation within the context of the land use and zoning
regulations means providing individuals with recognized handicaps flexibility in the
application of land use regulations, zoning regulations, policies, practices and procedures, or
even waiving certain requirements, when it is necessary to eliminate barriers to housing
opportunities.
(d) Notice to the public of availability of accommodating process. Notice of the availability of
reasonable accommodation shall be prominently displayed and provided to requesting
individuals, advising the public of the availability of the procedure for eligible applicants.
(e) Application for requesting reasonable accommodation.
(1) Forms for requesting reasonable accommodation shall be available in the Planning
Department of Community Development and online.
(2) An application for reasonable accommodation may be made by:
a. Any handicapped individual or his or her representative;
b. The owner of the real property intended for use as a recovery home for
handicapped individuals; or
c. The operator of an entity providing residential services at the location.
(3) Requests for reasonable accommodation shall be in writing and provide the following
information:
a. Name, address and phone number of the applicant requesting reasonable
accommodation;
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b. Name, address and phone number of the house manager who is responsible for the
day-to-day operation of the facility, if any;
c. Address of the property for which accommodation is requested;
d. Name, address and phone number of the property owner(s) if not the applicant;
e. If the applicant/ operator is not the property owner, a copy of any lease agreement
bet ween applicant/ operator and owner must be provided as well as written
approval from the property owner to operate a recovery home at the proposed
location;
f. Detailed description of the requested accommodation with reference to any known
regulation, policy or procedure from which relief is sought;
g. Reason that the requested accommodation may be necessary for the handicapped
individual(s) to use the dwelling;
h. Copy of the recovery home rules and regulations including intake procedures and
relapse policy;
i. Blank copies of all forms that residents or potential residents are required to
complete;
j. An affirmation by the applicant or operator that only handicapped residents shall
reside at the recovery home;
k. Where the applicant is not an intended occupant, but instead intends to operate the
home for financial or charitable purposes, a copy of any agreement between the
applicant/ operator and the property owner setting forth or concerning any fee
arrangement or financial reimbursement applicable to each resident of the
recovery home; and
l. Copy of certification by a certifying organization, either permitting the individual
or entity to operate a recovery home, or indicating the individual or entity is
otherwise exempt from certification requirements pursuant to KRS 222.502(b), or
proof that the recovery home has applied for certification with a certifying
organization or the Cabinet for Health and Family Services.
(4) Any information obtained related to an individual's handicap or medical condition shall
be considered confidential, shall be retained in a manner so as to respect the privacy
rights of the applicant and shall not be made available for public inspection unless
otherwise required by law.
(5) A request for reasonable accommodation to the regulations, policies, practices and
procedures may be filed at any time that the accommodation may be necessary to
ensure equal access to housing. A reasonable accommodation shall not affect an
individual's obligations to comply with all ordinances and laws not at issue in the
requested accommodation.
(6) If an applicant needs assistance in making the request for reasonable accommodation,
the applicant shall submit a request for assistance to the Director of Planning
Community Development and assistance in filing an appropriate request shall be
provided.
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(7) An applicant may seek relief from the strict application of the provisions of this article
by submitting such request in writing to the Director of Planning Community
Development setting forth specific reasons as to why accommodation over and above
the provisions set forth herein is necessary.
(8) No application fee shall be charged, except that entities operation a dwelling for-profit
shall comply with section 106-65 of the Paducah Code of Ordinances.
(f) Grounds for reasonable accommodation.
(1) In determining whether to grant a reasonable accommodation, the Director shall
consider the totality of the following factors:
a. That the property will be used by an individual with a recognized handicap
protected under Fair Housing Laws;
b. Special needs created by the recognized handicap;
c. Potential benefit that can be accomplished by the requested modification;
d. Potential impact on properties within the vicinity, including impacts on parking,
ingress and egress, traffic, lighting and noise;
e. Physical attributes of the property and dwelling structure;
f. Alternate accommodations that may provide an equivalent level of benefit;
g. Whether the requested accommodation would impose an undue financial or
administrative burden on the City;
h. Whether the requested accommodation would require a fundamental alteration in
the nature of a City function or service, including in the City's overall zoning
scheme and neighborhood development; and
i. Whether granting the request would be consistent with the City's Comprehensive
Plan.
(2) In making a determination of whether the requested accommodation would require a
fundamental alteration in the immediate neighborhood, the City's overall zoning
scheme, overall neighborhood development or the City's Comprehensive Plan, an
analysis shall be required of the number of recovery homes already accommodated
within any specific neighborhood such that the accommodation of the request with an
additional recovery home would institutionalize a predominately single-family
dwelling neighborhood.
(3) The Director shall not be required to undertake an investigation of the occupants'
handicap. A recovery home certified by a certifying organization, or which has applied
for Certification with a certifying organization or the Cabinet for Health and Family
Services, and which has a drug testing and relapse policy shall constitute proof of
status as handicapped for purposes of this section.
(g) Distance requirement.
(1) No recovery home shall be located within six hundred fifty (650) feet, as measured
from the closest property lines, of any other recovery home, except as delineated in
subsection (g)(2) herein.
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(2) Recovery homes in existence at the time of enactment of this section, as referenced in
section (j)(1) herein, which provide proof of certification by a certifying organization
and compliance with requirements of the Cabinet for Health and Family Services on
July 1, 2024, shall not be required to cease operation due to proximity of less than six
hundred fifty (650) feet from the property lines of another recovery home.
(3) Upon revocation of a permit as set forth in sections (j)(6) or (n)(1) herein, recovery
homes in existence at the time of enactment of this section, as referenced in section
(j)(1) herein shall no longer be excepted from the distance requirement. Upon
reapplication for a permit, if any, such recovery home shall be required to meet the
distance requirement set forth herein.
(h) Reviewing authority.
(1) Requests for reasonable accommodation shall be reviewed by the Director of Planning
Community Development using the criteria set forth herein.
(2) The Director shall issue a written decision either granting or denying a temporary
permit to operate a recovery home in the intended location, in accordance with section
(k) herein. A temporary permit may be issued in accordance with section (j) if, upon
initial review, the factors set forth in section (f)(1), (2) and (i)(2)—(9) weigh in favor
of granting the reasonable accommodation.
(3) The Director shall issue a written decision on a request for reasonable accommodation
within thirty (30) days of receipt of proof of certification or denial of certification by a
certifying organization or the Cabinet for Health and Family Services and may either
grant, grant with modifications or deny a request for reasonable accommodation in
accordance with the required findings set forth below.
(4) If necessary to reach a determination on the request, the Director may request further
information from the applicant consistent with Fair Housing Laws, specifying in detail
the information that is required. In the event that a request for additional information is
made, the thirty-day period to issue a decision shall be stayed until the applicant
responds to the request.
(i) Required findings. The written decision to grant, grant with modifications or deny a request
for reasonable accommodation shall be consistent with Fair Housing Laws and based on the
following factors:
(1) The recovery home shall have applied for certification with a certifying organization or
the Cabinet for Health and Family Services and otherwise in good standing with the
Cabinet for Health and Family Services, as required by KRS 222.502.
a. Should the recovery home fail to have applied for certification with the Cabinet
for Health and Family Services or a Certifying Organization, or otherwise fail to
be in good standing with the Cabinet for Health and Family Services as required
by KRS 222.502, and not otherwise exempt from certification pursuant to KRS
222.502(b), the Director's inquiry shall end and the Director need not consider any
remaining factors.
(2) Whether the recovery home will be used by individuals with a recognized handicap as
defined herein and protected under Fair Housing Laws.
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(3) Whether the requested accommodation is necessary to make housing available to an
individual with a recognized handicap protected under the Fair Housing Laws.
(4) Whether the requested accommodation would impose an undue financial or
administrative burden on the City.
(5) Whether the requested accommodation would require a fundamental alteration in the
nature of the City's land use or zoning regulations, codes or related programs.
(6) Whether the requested accommodation will fundamentally alter the neighborhood due
to changes in noise, lighting, parking, traffic or other factors deemed appropriate at the
discretion of the Director.
(7) Whether the requested accommodation will result in a direct threat to the health, safety
or welfare of other individuals or cause physical damage to the property of others.
(8) Whether the requested accommodation is necessary to make facilities of a similar
nature economically viable in light of the particularities of the relevant market and
market participants.
(9) Whether the existing supply of facilities of a similar nature is already sufficient to
provide individuals with a recognized handicap an equal opportunity to live in a
residential setting.
(10) Whether the applicant has previously had reasonable accommodation revoked or
suspended, including the reasons therefore.
(j) Temporary permit.
(1) Recovery homes in existence at time of enactment: The Planning Director of
Community Development shall issue a temporary permit to the operator of a recovery
home already in existence prior to enactment of this section which has applied for
Certification with a certifying organization or the Cabinet for Health and Family
Services and provided proof of such application. Upon Certification by a certifying
organization or the Cabinet for Health and Family Services and provision of proof of
certification by the Cabinet for Health and Family Services, a recovery home in
existence prior to enactment of this section shall not be required to submit a request for
reasonable accommodation as otherwise required herein, but shall be required to
submit additional documentation annually.
(2) Recovery homes not in existence at time of enactment: The Planning Director of
Community Development may issue a temporary permit to the operator of a recovery
home which is not already in existence prior to the enactment of this section and which
has submitted an application for certification with a certifying organization or the
Cabinet for Health and Family Services, if upon initial review; the factors set forth in
section (f)(1), (2) and (i)(2)—(9) herein weigh in favor of granting the reasonable
accommodation.
(3) A temporary permit shall authorize the occupancy of a recovery home until such time
as a certifying organization or the Cabinet for Health and Family Services approves or
denies the recovery home's application.
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(4) A temporary permit shall indicate only that the recovery home has applied for
certification and is in good standing with the certifying organization or the Cabinet for
Health and Family Services. A temporary permit is not a determination that the
recovery home will likely be certified or finally granted reasonable accommodation.
(5) The temporary permit shall be valid until the certifying organization or the Cabinet for
Health and Family Services grants or denies certification following a site visit at the
intended or temporarily permitted location.
(6) In the event the recovery home's application for certification is denied by a Certifying
Organization or the Cabinet for Health and Family Services, the recovery home's
temporary permit shall be revoked.
(k) Written decision on the request for reasonable accommodation.
(1) The written decision on the request for reasonable accommodation shall explain in
detail the basis of the decision, including the Director's findings as set forth in
subsection (j) herein.
(2) The written decision shall give notice of the applicant's right to appeal and to request
reasonable accommodation in the appeals process as set forth below.
(3) The notice of decision shall be sent to the applicant by certified mail.
(4) The written decision of the Director shall be deemed final unless an applicant appeals
the decision to the Board of Adjustment within the prescribed time period pursuant to
KRS 100.261(1).
(5) In the event the Director fails to render a written decision within thirty (30) days, the
request shall be forwarded to the City Manager's Office for final determination, which
shall make such written determination within fifteen (15) days thereof.
(6) While a request for reasonable accommodation is pending, all ordinances, laws and
regulations otherwise applicable to the property shall remain in full force and effect.
(7) The Director shall maintain records of requests for reasonable accommodation and the
response thereto, including final written decisions.
(l) Appeals.
(1) An applicant may appeal an adverse decision within thirty (30) days of the date of the
written decision. Appeals from the adverse decision shall be made in writing to the
Board of Adjustment.
(2) Appeals shall be filed in the Planning Department of Community Development.
(3) All appeals shall contain a statement of the grounds for the appeal.
(4) Nothing in this procedure shall preclude an aggrieved individual from seeking any
other State or Federal remedy available.
(m) Requirements of recovery homes following written decision granting reasonable
accommodation. Following the written determination that a recovery home is entitled to
reasonable accommodation, the recovery home shall be subject to the following:
(1) Insurance and mortgage notification requirement.
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a. The operator of any recovery home shall maintain and provide proof to the City of
general liability and homeowners/renters insurance coverage in an amount
deemed appropriate by the operator of the recovery home and the certifying
organization.
b. The operator shall be required to provide proof to the City that any mortgage lien
holder on the subject property has been notified of the use of the premises as a
recovery home.
(2) Good neighbor policy. The recovery home shall maintain a good neighbor policy that
shall direct occupants to be considerate of neighbors, including refraining from
engaging in excessively loud or obnoxious behavior that would unduly interfere with a
neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall
establish a written protocol for accepting complaints from neighbors and for the house
manager/operator to follow when a neighbor complaint is received.
(3) Parking. The recovery home shall not permit occupants or visitors to park on
unfinished, grass or dirt surfaces. Occupant parking shall not be permitted to interfere
with the ingress and egress of the home or neighboring properties.
(4) Maintenance of records. The recovery home operator shall maintain records for a
period of one (1) year following eviction, or involuntary termination, of an occupant.
Nothing herein shall require an operator to violate any provision of state or federal law
regarding confidentiality of health care information.
(5) The operator shall screen occupants for registry pursuant to KRS 17.510. The operator
shall ensure that no occupant resides in the recovery home in violation of KRS 17.545.
(6) Compliance with applicable codes. The recovery home shall remain in full compliance
with all applicable building, electrical, fire, property maintenance, and nuisance codes.
(7) The operator shall be responsible for filing with the City:
a. Any updates or changes to policies, procedures, ownership or operating entity
within thirty (30) days;
b. Any changes in certification or licensure with the Cabinet for Health and Family
Services and/or certifying organization within seven (7) days; and
c. Updated / renewed proof of insurance as required in (m)(1), certification, and
registry with the Cabinet for Health and Family Services annually, on or before
April 15.
(n) Suspension and revocation.
(1) A recovery home, including those with temporary permits pursuant to subsection (j),
shall be subject to suspension or revocation of accommodation, subject to notice and a
right to a hearing, due to any of the following conditions indicating that the
accommodation is either no longer reasonable or no longer appropriate under State or
Federal law:
a. Any applicant, property owner, operator or staff person has provided materially
false or misleading information in the request for accommodation or omitted any
pertinent information.
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b. Any applicant, property owner, operator or staff person has been convicted of, or
pleaded nolo contendere, within the last ten (10) years, to any of the following:
1. Any sex offense for which a person is required to register as a sex offender
under KRS 17.510;
2. Arson offenses;
3. Violent felonies involving bodily harm to another person; or
4. Unlawful sale or distribution of controlled substances.
c. Any operator that accepts residents, other than a house manager or staff member,
who are not handicapped as defined under Fair Housing Laws.
d. The Recovery home is denied or loses certification by a certifying organization or
the Cabinet for Health and Family Services or otherwise fails to comply with the
requirements of KRS 222.502 or KRS 222.506.
e. The operator fails to immediately take measures to remove any resident who no
longer meets the definition of handicapped as defined under Fair Housing Laws,
due to current illegal use or abuse of a controlled substance or addiction.
f. Significant or repeated violations of this section or any other applicable laws,
ordinances and/or regulations.
(2) Prior to revocation of the permit or temporary permit providing accommodation, the
operator of a recovery home shall be provided written notice of the City's intent to
suspend or revoke an accommodation, including the reasons for such suspension or
revocation. The operator shall have the right to request a hearing to contest the intent in
writing within five (5) business days of receipt of the notice of intent to suspend or
revoke the accommodation. The request for hearing shall be filed with the Planning
Department of Community Development.
(3) Upon written request, a hearing shall be scheduled before the Board of Adjustment, in
accordance with KRS 100.261.
(4) Appeals from the Board of Adjustment shall follow KRS 100.347.
Sec. 126-115. Historical Zones, H-1 and H-2.
(a) Use provisions for the Historic Commercial Zone, H-1. The purpose of the H-1 Zone is to
encourage the development, redevelopment and the preservation of the City's historic
commercial area.
(1) Principal permitted uses.
a. Any use permitted in a B-2-T Zone;
b. Any other use which the Historical and Architectural Review Commission
(hereinafter called HARC) finds, based upon evidence at a public hearing, would
not impair the historical integrity of the H-1 Zone.
(2) Minimum yard requirements. None.
(3) Minimum area requirements. None.
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(4) Maximum building height. None.
(5) Parking requirements. None.
(6) Ground floor use. The ground floor of all structures in the H-1 Zone shall be a
permitted use as defined in subsection (1) except that residential uses, hotel/motel
rooms, short-term rental rooms or bed and breakfast rooms may be permitted on any
floor above or below the ground floor. Residential uses, hotel/motel rooms, short-term
rental rooms or bed and breakfast rooms may also be permitted in the rear one-third
(⅓) of the ground floor.
(b) Use provisions for the Historic Neighborhood Zone, H-2. The purpose of the H-2 Zone is to
encourage the development, redevelopment and preservation of the City's historic
neighborhood area.
(1) Principal permitted uses.
a. Any principal use permitted in the R-4 Zone except multi-family dwellings shall
be conditional uses;
b. Funeral homes;
c. Beauty shops and barbershops;
d. Assembly buildings of cultural, fraternal, professional and labor organizations;
e. Restaurants;
f. Retail establishments, provided they are conducted wholly within a building
except for off-street loading and unloading and provided that product processing
is not allowed on the premises;
g. Tailor shop; and
h. Any similar use which the HARC finds, based upon evidence at a public hearing,
that would not impair the historical integrity of the H-2 Zone.
(2) Conditionally permitted uses.
a. Lodging houses.
b. Multi-family dwellings. Existing single-family and two-family dwellings more
than fifty (50) years old shall not be subdivided into smaller dwellings units
regardless of lot size.
(3) Minimum yard requirements.
a. Residential dwellings:
1. Front yard: Twenty-five (25) feet.
2. Side yard: Six (6) feet.
3. Rear yard: Twenty-five (25) feet.
b. Non-residential structures: None.
(4) Minimum area requirements.
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a. Minimum lot area:
1. Single-family dwellings: Four thousand (4,000) square feet.
2. Two-family dwellings: Four thousand (4,000) square feet per unit.
3. Multi-family dwellings: Three thousand (3,000) square feet per unit.
4. Non-residential structures: None.
b. Minimum lot width: Forty (40) feet.
(5) Maximum building height. Thirty-five (35) feet or no higher than two (2) feet taller
than the tallest principal building on either side of proposed new construction.
(6) Screening requirements. Same as provided in section 126-83. For the purposes of
screening between the H-2 Zone and adjoining zones, the H-2 Zone shall be treated as
a residential zone.
(7) Parking requirements. Same as provided in section 126-71, provided that parking areas
will be placed behind the rear line of the principal structure upon any lot unless the
HARC shall find, upon evidence at a public hearing, that the waiver of this provision
shall only minimally affect the historical integrity of this zone.
(8) Waiver of lot requirements. The requirements section 126-64(b) and (c) may be waived
by the HARC, upon a finding based on evidence at a public hearing that such waiver
will not impair the historical integrity of this zone.
(c) Standards for determining historical integrity. The criteria to be applied in determining the
existence of historical integrity as used in this section shall be:
(1) That the proposed action is in harmony with the wording and intent of this section.
(2) That the proposed action will be complementary to all conforming structures within the
zone.
(3) That the proposed action is in conformity with at least a majority of the applicable
guidelines for exterior features promulgated by the Secretary of the Interior of the
United States in the publication "Standards of Rehabilitation" (January 1990 Revision:
GPO 230 394), as amended from time to time, and as set forth in any subsequent
edition of this publication.
(4) The proposed action is not addressed in the Standards of Rehabilitation.
(5) That those portions of the affected real estate which are ordinarily visible from any
public roadway within the zone are characteristic in appearance to architectural styles,
materials and color shown by the evidence to have been prevalent in Paducah prior to
1940 or at the date of original construction of the structure, whichever date is earlier.
(6) The proposed new construction complies with the HARC Advisory Design Guidelines
and a majority of the Secretary Standards of Rehabilitation.
(d) Historical and Architectural Review Commission (HARC) established. There is hereby
established a special Board of Adjustment pursuant to KRS 100.217 and 82.026, which
shall be known as the Historical and Architectural Review Commission (HARC), which
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shall have sole and exclusive jurisdiction as a Board of Adjustment over the historical
zones, landmarks and landmark sites within the City.
(e) Membership of HARC.
(1) The HARC shall consist of five (5) members, each to be appointed by the Mayor and
approved by the City Commission.
(2) The term of office of the members shall be three (3) years, except the terms of two (2)
members of the original Commission shall expire within one (1) year. An appointment
to fill a casual vacancy shall be for the unexpired portion of the term only.
(3) Vacancies shall be filled within sixty (60) days.
(4) The HARC shall be a highly specialized administrative body. Where practicable, its
membership shall include at least two preservation-related professional members from
the fields of architecture, history, archeology, architectural history, planning or related
fields; and all members shall have an interest in historic preservation and a background
of historical study.
(5) When one (1) or two (2) professional members are not available for appointment, the
Mayor may appoint other persons interested in historic preservation to serve.
(6) When the HARC reviews an issue that is normally evaluated by a professional member
and that field is not represented by HARC, the HARC shall seek expert advice before
rendering its decision.
(7) Each member shall complete education credits in compliance with KRS 147A.027. All
training must pertain to the work of HARC.
(8) No member of the HARC shall vote on any matter that may affect the property, income
or business interests of that member.
(9) All voting members of the Commission shall receive compensation. The Chairperson
shall receive one-hundred dollars ($100.00) per meeting. All other voting members
shall receive seventy-five dollars ($75.00) per meeting. For the purpose of this section,
the Historical and Architectural Review Commission will be exempt from occupational
taxes. Any member of the Commission may voluntarily decline all or part of such
compensation or reimbursement, for any reason, by providing written notice to the
appropriate official. Such waiver may be prospective or retroactive, may be for a
specified period or indefinite and may be revoked at any time by written notice. A
waiver under this section shall not affect the member's status, rights or duties on the
Commission.
(f) Powers and duties of HARC.
(1) General powers and duties.
a. The HARC shall have all powers and duties applicable to a Board of Adjustment
as provided in this section and by State law, limited, however, to the landmarks,
landmark sites and the boundaries of the historical zones within the City.
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b. The HARC is authorized and empowered to act as a fact-finding body and to
thereby implement the provisions of this section which require factual
determinations.
c. The HARC is authorized and empowered to grant waivers or variances from the
provisions of this section in those instances where such waivers or variances are
specifically authorized by the provisions hereof.
d. The HARC is authorized and empowered to grant Certificates of Appropriateness.
e. The HARC is authorized to coordinate and advise with other Federal, State and
local administrative boards and private foundations within its area of interest and
to make such studies as it may deem appropriate; provided, however, that in this
capacity the subpoena power reposing in it shall not be utilized.
f. The HARC shall keep such minutes and records as are required of a Board of
Adjustment, and it shall make available for public inspection its written minutes
and a written annual report of its activities, cases, decisions, special projects and
qualifications of the members. The minutes shall include the reasons for the
decisions made by the HARC.
g. The HARC shall adopt such rules and regulations as it may deem necessary to
carry out its functions under the provisions of this section. Such rules and
regulations shall include rules of procedure, which shall be made public.
h. The HARC shall hold at least four (4) meetings per year, held at regular intervals,
in a public place advertised in advance and open to the public. All meetings shall
have an agenda that is available before the meeting. The decisions of the HARC
shall be made in a public forum with applicants notified of the meeting and the
decision.
i. The HARC shall conduct a continuing survey of historic buildings and areas and
shall prepare a plan for their preservation. The HARC shall conduct this work in
accordance with the guidelines of the State Historic Preservation Office. The
HARC shall use the preservation plan to assist the City in its overall planning
efforts.
j. The HARC shall make recommendations for the designation of local historic
districts, landmarks and landmark sites.
k. The HARC may adopt additional guidelines for the protection of historic districts,
landmarks and landmark sites.
l. The HARC shall participate in handling the National Register nominations which
are delegated to the City under the Certified Local Government Program. In the
development of the Certified Local Government Program, the City may ask the
HARC to handle other responsibilities that may be delegated to the City under the
National Historic Preservation Act.
m. The HARC shall advise and assist property owners and other persons and groups
concerned with historic preservation and shall undertake educational programs for
the public on historic preservation.
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n. The HARC shall receive assistance in the performance of its responsibilities from
a City staff member or a person designated by the City who shall have expertise in
historic preservation or a closely related field. Other City staff members may be
asked to assist the HARC by providing technical advice or helping in the
administration of this section.
(2) Designation of historic districts, landmarks and landmark sites.
a. Consideration of the designation of a historic district or a landmark and landmark
site may be originated by the HARC, or by the filing of an application for
designation by a property owner, any resident of the City or any organization in
the City. An application shall be filed with the HARC in such form and
accompanied by such information as required by this section and the rules of the
HARC. A person or organization proposing a designation shall give the HARC
the names and addresses of the owners of the affected property and the owners of
all adjoining property and property across the street as listed on the tax rolls of the
City. The HARC shall promptly notify these owners by certified mail that the
property is under consideration for designation and that a public hearing is being
held on the proposed designation by the HARC. Written notice shall be
considered sufficient when it is mailed to the person at the address listed on the
tax rolls of the City.
b. The HARC shall hold a public hearing on the proposed designation. The HARC
shall give notice of the time, place and reason for holding a public hearing thereon
by one (1) publication in a newspaper of general circulation in the City not earlier
than twenty-one (21) days or later than seven (7) days before the public hearing.
c. A historic district or landmark shall qualify for designation when it meets one (1)
or more of the following criteria, which shall be discussed in a report by the
HARC to the Planning Commission. The purpose of the designation of a
landmark is to encourage the preservation, rehabilitation and use of these
buildings. Each designation of a landmark shall include the designation of a
landmark site, which shall consist of the land on which the landmark and related
buildings and structures are located and the land that provides the grounds or the
setting for the landmark. A historic district or landmark shall be designated
because of:
1. Its value as a reminder of the cultural or archeological heritage of the City,
State or Nation;
2. Its location as a site of a significant local, State or national event;
3. Its identification with a person or persons who significantly contributed to
the development of the City, State or Nation;
4. Its identification as the work of a master builder, designer or architect whose
individual work has influenced the development of the City, State or Nation;
5. Its value as a building that is recognized for the quality of its architecture and
that retains sufficient elements showing its architectural significance;
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6. Its character as a geographically definable area possessing a significant
concentration of sites, buildings, objects or structures united by architectural
styles or a plan of physical development; or
7. Its character as an established and geographically definable neighborhood,
united by culture or past events.
d. The public hearing of the HARC shall be held within sixty (60) days after the
designation was proposed. The HARC shall then vote on whether the proposed
designation should be recommended for approval or should be disapproved. After
voting to recommend that an application for the establishment of an historic
district or a landmark be approved, the HARC shall forward its recommendation
with its reasons, in writing, to the Planning Commission.
e. The Planning Commission and the City Commission shall follow the procedures
for the amendment of this section when they vote to approve or disapprove the
designation of an historic district or a landmark. The comprehensive plan and the
zoning map shall be amended before a designation of an historic district or a
landmark shall be approved and shall take effect. The Planning Commission and
the City Commission shall act on a proposed designation within one hundred
twenty (120) days after the HARC makes its recommendation. The City
Commission shall not approve the recommendation to designate a landmark site
without the approval of the landowner upon which the landmark is located.
f. The HARC shall notify each owner of the decision relating to the property and
shall arrange that the designation of a property as a landmark or as a part of an
historic district be recorded in the land records of the County. The HARC shall
also give notice of the decision to the government offices in the City and County,
which shall retain them for future use.
g. The amendment or rescission of any designation shall be accomplished through
the same steps as were followed in the original designation.
(3) Nominations to the National Register of Historic Places.
a. To participate in the Certified Local Government Program established by the
National Historic Preservation Amendments Act of 1980, the City shall initiate all
local nominations to the National Register of Historic Places and shall request the
Mayor and the HARC to submit recommendations on each proposed nomination
to the National Register. The Mayor and the HARC shall obtain comments from
the public that shall be included in their National Register recommendations.
Within sixty (60) days of the receipt of a nomination from a private individual or
the initiation of a nomination by the City, the City shall inform the State historic
preservation office and the owner of the property of the two (2) recommendations
regarding the eligibility of the property. If the Mayor and the HARC do not agree,
both opinions shall be forwarded in the City's report. If both the Mayor and the
HARC recommend that a property not be nominated, the State historic
preservation office shall inform the property owner and the State Review Board,
and the property will not be nominated unless an appeal is filed with the State
Historic Preservation Officer.
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b. If either or both the Mayor and the HARC recommend that a property should be
nominated, the nomination will receive a preliminary review by the Kentucky
Historic Preservation Review Board. The Review Board shall make a
recommendation to the State Historic Preservation Officer, who decides whether
to forward the nomination to the U.S. Secretary of the Interior, who shall make
the decision on listing the property on the National Register. The Mayor, the
HARC or the property owner may appeal the final decision by the State Historic
Preservation Officer.
(g) Certificate of Appropriateness required for changes in exterior appearance.
(1) Generally. No person shall, without first applying for and obtaining a special
conditional use permit, to be known as a Certificate of Appropriateness, cause or
permit any of the following changes in exterior appearances of real estate in which
such person has a legal or equitable interest lying within an historical zone or on a
landmark site:
a. Additive changes:
1. Moving any principal or accessory building onto or within any lot in the
zone or on the landmark site.
2. Material change of the exterior appearance of any existing building by
additional reconstruction, alteration or maintenance, including change in
color, form or texture of materials.
3. Construction of any new principal or accessory building, patio, courtyard,
parking lot, swimming pool, basketball court, tennis court or other real estate
appurtenance.
b. Change by removal:
1. Demolition of any principal or accessory building.
2. Moving any principal or accessory building from the historical zone or the
landmark site.
c. The term "change in exterior appearance," as used in this subsection (g), shall
apply to alterations or changes which are ordinarily visible from any public
roadway within an historical zone or adjacent to a landmark site, excluding alleys.
d. The determination of ordinarily visible from the roadway is made by the Zoning
Administrator. Appeals of the Zoning Administrators decision can be made to
HARC in accordance with KRS 100.261.
(h) Application for Certificate of Appropriateness.
(1) Before the commencement of any work for which a Certificate of Appropriateness is
required, an application to the HARC shall be made by the owner and filed in the
Department of Planning Community Development office.
(2) The application shall include, where applicable, a drawing of the proposed facade and
full plans and specifications relating to appearance, color, texture (of materials) and
architectural design of all portions of the proposed work which, upon completion, will
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be ordinarily visible from any public roadway within the zone or adjacent to the
landmark site.
(i) Public hearing on Certificate of Appropriateness.
(1) Action by HARC. The HARC shall hold a public hearing on each application for a
Certificate of Appropriateness submitted to it, after notice is given in the same manner
as for a hearing before the Board of Adjustment. The HARC may:
a. Approve the application;
b. Disapprove the application;
c. Disapprove the application as submitted but approve the same with such
modifications as it may deem necessary to bring it into compliance with historical
integrity; or
d. Defer the decision for a period of no longer than one (1) month and one (1) week.
(2) Time limit; findings of fact.
a. The HARC shall make a decision on each application within ninety (90) days
after a completed application is filed, provided that the HARC may vote to extend
its time for decision by an additional ninety (90) days when the application
involves the proposed demolition of a building.
b. The HARC shall make written findings of fact upon which its decision must rest.
(j) Grounds for granting a Certificate of Appropriateness.
(1) Additive changes. Certificates of appropriateness pertaining to the moving of buildings
into or within an historical zone or a landmark site, materially changing appearance,
new construction or changing walls or fences shall be granted upon application
therefor if the HARC finds as fact either:
a. That the proposed addition or improvements will not ordinarily be visible from
any public roadway within the zone or adjacent to the landmark site; or
b. That a majority of the standards for determining historical integrity have been
met.
(2) Changes by removal. Certificates of appropriateness pertaining to moving buildings
from an historical zone or landmark site, demolition of buildings or cutting trees shall
be granted upon application therefor if the HARC finds as fact either that:
a. The denial of the proposed action would deprive the landowner of the reasonable
use of the landowner's land or a fair return of the landowner's investment therein;
or
b. Those portions of the thing sought to be removed which are ordinarily visible
from any public roadway within the zone or adjacent to the landmark site do not
and cannot, with reasonable restoration efforts, meet the standards of determining
historical integrity set forth in this section.
(3) Routine alterations. The following list of routine alterations can be issued a Certificate
of Appropriateness by the Chairman of HARC without the necessity of a public
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hearing. The Zoning Administrator will make the determination if the alteration is
routine and requires a public hearing. If the proposed change is not listed in this
subsection, then the formal application process with a public hearing is required. If the
Chairman of HARC elects not to sign the Certificate of Appropriateness for the routine
alteration, then the application shall be forwarded to the Commission and go through
the formal application process with a public hearing.
a. Additive changes.
1. New roof of the same style and material.
2. Structures other than buildings, signs or fences.
b. Changes by removal.
1. Removing a non-historic feature from a structure which makes the structure
more characteristic of the time period in which it was built. Examples
include but are not limited to siding, storm windows, or other non-original
features. Replacement of these items requires a formal application with a
public hearing.
2. Removal of non-historic fences.
3. Cutting or removal of trees that are more than one (1) foot in diameter
measured at a height of one (1) foot; provided, however, that nothing
contained in this section shall be construed to hinder or delay the removal of
trees which create a danger or a hazard to life or property.
c. Repainting. In instances where repainting already painted surfaces, any change in
color shall require a Certificate of Appropriateness. Requests to paint an
unpainted surface requires the formal application process with a public hearing.
(k) Maintenance and safety standards.
(1) Ordinary maintenance and repair permitted. Nothing in this section shall be construed
to prevent the ordinary maintenance or repair of any exterior of any building or
structure within an historic zone or on a landmark site. The term "ordinary
maintenance or repair," as used in this subsection, shall be deemed to mean any work
for which a building permit is not required by law, where the purpose and effect of
such work is to correct any deterioration or decay of or damage to a structure or any
part thereof and to restore the items using the exact same style and material to its
condition prior to the occurrence of such deterioration, decay or damage.
(2) Maintenance required; correction of defects.
a. All buildings within an historic zone or on a landmark site shall be maintained to
meet the requirements of the building code of the City.
b. The HARC shall request a meeting with a property owner when the owner's
building in a historic district or the owner's landmark is in poor repair, and the
HARC shall discuss with the owner ways to improve the condition of the
property. After this step, the HARC may request the Chief Building Official to
take action to require correction of defects in any building designated under this
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section so that the building shall be preserved in accordance with the purposes of
this section.
(3) Enforcement of safety standards. Nothing in this section shall be construed to prevent
the Chief Building Official from enforcing all State statutes and provisions of this
Code and any other ordinances of the City pertaining to the public safety.
(l) Appeals. Any person aggrieved by any action of the HARC may appeal the decision thereof
to the Circuit Court in the manner prescribed for appeals from actions of Boards of
Adjustment.
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 upholding the historic fabric of the neighborhood.
(1) Principal permitted uses.
a. Single-family dwellings.
1. Minimum lot area: Eight thousand (8,000) square feet.
2. Minimum lot width: Fifty (50) feet.
b. Two-family dwellings.
1. Minimum lot area: Four thousand (4,000) square feet per unit.
2. Minimum lot width: Fifty (50) feet (per structure).
c. Park, playground or community center owned and operated by a governmental
agency.
d. Special event short-term rentals.
(2) Conditionally permitted uses. The following 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. Daycares.
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:
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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.
a. Front yard: Twenty-five (25) feet.
b. Side yard: Six (6) feet.
c. Rear yard: Twenty-five (25) feet.
(4) Minimum area requirements for non-residential structures:
a. Minimum lot area: Eight thousand (8,000) square feet.
b. Minimum lot width: Fifty (50) feet.
(5) Maximum building height. Thirty-six (36) feet, however, additional feet may be
allowed with design approval from the HARC based on the scale of adjacent
structures.
(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.
In order to maintain the existing character of the neighborhood; plans for architectural
design, site layout or changes in style of architectural elements must be approved by
the Historical and Architectural Review Commission (HARC). The HARC may
require changes to the plan as deemed necessary or desirable to ensure proper design
standards, to minimize traffic difficulties, to safeguard adjacent properties and to
preserve the intent of the NSZ.
a. Certificate of Zoning Compliance required.
1. No person shall, without first applying for and obtaining a special
conditional use permit, to be known as a Certificate of Zoning Compliance,
make any changes in exterior appearance to any exterior portion of any
structures in the NSZ. A Certificate of Zoning Compliance must be issued by
the Planning Department of Community Development before a building
permit can be obtained.
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2. Infill/new construction and additions to existing structures. All new
construction and additions to existing structures must first be issued a
Certificate of Zoning Compliance before any construction begins.
3. Existing structures.
i. Changes to the design or style of any exterior feature on an existing
structure requires a Certificate of Zoning Compliance.
ii. Administrative approvals. In the following instances, Certificates
of Zoning Compliance can be issued by the Zoning Administrator.
A. In instances where the design or style of any exterior feature
is replicated and replaced with a new material, the Zoning
Administrator has the authority to administratively approve
the application for a Certificate of Zoning Compliance. The
proposed materials must comply with the approved building
materials list found in the design guidelines.
B. New accessory structures that use the same building materials
and an appropriately sized and style of windows and doors
that complement the existing primary structure can be
administratively approved. Features considered include
structure orientation, openings, roof pitch, siding and color
scheme.
C. Cutting or removal of trees that are more than one (1) foot in
diameter measured at one (1) foot off of the ground require a
Certificate of Zoning Compliance. Removal of trees can be
approved administratively.
D. Changing the color of a surface that has already been painted
can be approved administratively.
E. Fences that are determined to comply with the advisory
design guidelines can be approved administratively.
F. Any proposed demolition of a principal structure requires a
Certificate of Zoning Compliance prior to obtaining a
demolition permit. Demolitions outside of the Demolition
Control Zone can be approved administratively.
b. Applications for a Certificate of Zoning Compliance.
1. Applications for a Certificate of Zoning Compliance are submitted to the
Planning Department of Community Development.
2. A public hearing is required on all applications except for administrative
approvals as outlined in this section.
3. Grounds for granting a Certificate of Zoning Compliance. The HARC must
make written findings of fact as follows:
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i. The proposed exterior changes comply with the intent of the
Neighborhood Services Zone.
ii. The proposed exterior changes are in harmony with the adopted
design guidelines.
iii. The HARC shall adopt design guidelines for the NSZ to act as a
guide for board decisions on plan approvals and changes to the
exterior appearance of existing structures. The document shall be
made available to the public to aid in the design approval process.
iv. Maintenance and safety standards.
A. All buildings within this zone shall be maintained to meet the
requirements of the building code and property maintenance
codes of the City.
B. Nothing in this section shall be construed to prevent the City
Building Officials from enforcing all State statutes and
provisions of this code and any other ordinances of the City
pertaining to the public safety.
v. Appeals. Any person aggrieved by any action of the Zoning
Administrator may appeal their decision to the HARC pursuant to
KRS 100.257. Any person aggrieved by any action of the HARC
may appeal the decision to the Circuit Court in the manner
prescribed for appeals from actions of boards of adjustment.
Sec. 126-173. Board of Adjustment.
(a) A Board of Adjustment (hereinafter known as "the Board") shall be appointed and
organized in conformance with the KRS 100.217.
(b) The Board shall have the following powers and duties:
(1) Bylaws. To adopt bylaws for its own government.
(2) Administrative review. To hear and decide appeals where it is alleged by the applicant
that there is error in any order, requirement, permit, decision, determination or refusal
made by the enforcement officer or other administrative official in the carrying out of
this article, and for interpretation of the zoning map.
(3) Conditional uses. To hear and decide applications for conditional use permits that
allow uses which are specifically named in the zoning provisions, and which may be
suitable only in specific locations in the zone if certain conditions are met.
(4) Variance. To hear and decide on applications for dimensional variance where, by
reason of the exceptional narrowness, shallowness or unusual shape of the site, or by
reason of exceptional topographic conditions, or some other extraordinary situation or
condition of that site, the literal enforcement of the dimensional requirements (height
or width of building, or size of yards, but not population density) of the zoning
provisions would deprive the applicant of reasonable capacity to make use of the land
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in a manner equivalent to the use permitted other landowners in the same zone. The
Board may impose any reasonable conditions or restrictions it decides to grant.
(5) Findings for granting of variance. Before any variance is granted, the Board must find
that the granting of the variance will not adversely affect the public health, safety or
welfare, will not alter the essential character of the general vicinity, will not cause a
hazard or a nuisance to the public and will not allow an unreasonable circumvention of
the requirements of the zoning regulations. In making these findings, the Board shall
consider whether:
a. The requested variance arises from special circumstances which do not generally
apply to land in the general vicinity or in the same zone;
b. The strict application of the provisions of the regulation would deprive the
applicant of the reasonable use of the land or would create an unnecessary
hardship on the applicant; and
c. The circumstances are the result of actions of the applicant taken subsequent to
the adoption of the zoning regulation from which relief is sought.
(6) Nonconforming use change. To permit a change from one (1) nonconforming use to
another, providing the new nonconforming use is in the same or a more restrictive
zoning classification in accordance with section 126-63.
(7) Limits of authority. The Board of Adjustment shall not possess the power to grant a
variance to permit a use of any land, building or structure which is not permitted by the
zoning provisions for the zone in question; or to alter density requirements in the zone
in question. The Board does not possess the authority to permit a use not authorized by
this article.
(8) Application of variance. A dimensional variance applies to the property for which it is
granted, and not to the applicant. A variance also runs with the land, and is transferable
to any future owner of the land, but it cannot be transferred by the applicant to a
different site.
(9) Additional authority. In granting a variance, the Board may attach thereto such
conditions regarding the location, character and other features of the proposed
building, structure or use as it may deem advisable in the furtherance of the purposes
of this article.
(10) Conditions for granting variance. Before any variance is granted, the Board must find
present conditions which must be sustained by evidence presented by the applicant that
the property will not yield a reasonable return if used in compliance with this article,
that the conditions causing the hardship are unique and are not shared by the
neighboring property in the same zone, and that the granting of the variance will not be
in conflict with this article. These conditions must be alleged by the applicant and
evidence must be produced by the applicant to substantiate these allegations.
(11) Report. A written report on each variance that is granted or denied by the Board shall
be submitted to the City Commission with a copy retained in the files of the Planning
Department of Community Development Office.
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Sec. 126-176. Planning Commission.
(a) Intent. The intent of this section is to provide guidance for the Zoning Code amendment
processes, including text and map amendments. It shall also be the intent of this section to
guide the use of development plans, which may be used for a variety of planning and zoning
processes, including map amendments. The Planning Commission in obligation to promote
the public health, safety and general well-being shall consider; but not be limited to, the
following in 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 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 neighborhood:
(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, City policies and other applicable laws.
(b) Public notice.
(1) For petitions that require a public hearing notice shall be mailed at least seven (7) or
fourteen (14) days, depending on the type of 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.
(3) In accordance with KRS Chapters 424 and 100, on-site notice shall be posted at least
fourteen (14) days before the hearing of any zone change (rezoning).
(c) Formal petition required. To formally request the Commission to consider any action, the
petitioner shall file a complete petition (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 identical to the
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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, with the 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
twenty-one (21) 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, the Planning Commission must find that the map amendment agrees with
the 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 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 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 or map amendment petition.
The Planning Commission shall assume all powers and duties otherwise exercised by the
Board of Adjustment pursuant to KRS Ch. 100. The petitioner for the map amendment may
elect to have any variances or conditional use permits for the same development to be heard
and decided by the Planning Commission at the same public hearing, or by the Board of
Adjustment as otherwise provided for by KRS Ch. 100.
(h) Development plan requirements.
(1) When required. A preliminary development plan may be required in the following
instances:
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a. The Planning Commission, as a condition to the granting of any zoning change,
may require the submission of a development plan which, where agreed upon,
shall be followed; except for a single-family dwelling, a two-family dwelling, a
triplex dwelling or a four-plex dwelling. 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 parcel or lot;
c. A major subdivision plat may substitute for a development plan.
d. For Planned Unit Developments per section 126-70.
e. For site developments per sections 126-114 and 126-118.
(2) Plans defined. For purposes of this subsection and the plans required herein, the
following definitions shall apply:
a. Preliminary development plan. This plan shall be 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. No building permits shall be issued
based upon a preliminary development plan.
b. Final development plan. This plan is a final site plan with that level of detail as
may be required for obtaining permits and approvals necessary for construction. It
shall include all information required 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. 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.
1. A title block containing the plan name, development plan type (preliminary
or final), name and address of petitioner, developer and plan preparer;
2. The boundary of the subject property, along with the zoning designation 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;
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5. Location, arrangement and approximate dimensions of existing and proposed
driveways, walkways, parking areas, 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 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, 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, 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, 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 has approved the
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 minutes of the Paducah Planning Commission. I (We)
furthermore understand that building permits can only be issued following
this plan and that amendments to 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 for the City of Paducah with the exception of
such variances or other condition of approval, if any, as are noted hereon or
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in the minutes of the 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 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 petition for a preliminary development plan,
the petitioner may meet informally with appropriate 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 preliminary development plan approval process.
b. At the time of the meeting with the appropriate City staff, the petitioner should
present a conceptual plan.
(2) Plans defined. For purposes of this subsection the plans required herein, the following
definitions shall apply:
a. Preliminary development plan. This plan shall be 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. No building permits shall be issued
based upon a preliminary development plan.
b. Final development plan. This plan is a final site plan with that level of detail as
may be required for obtaining permits and approvals necessary for construction. It
shall include all information required 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) Review. Planning Department of Community Development staff shall send the
preliminary development plan to concerned agencies and interests for their respective
technical review. If necessary, or requested by the 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 are subject to
KRS ch. 424.
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(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 preliminary development plan will be certified when
the petitioner has complied with the conditions of approval set forth by the
Commission.
c. Disapproval. The preliminary development plan has been disapproved by the
Commission. To request new review and action, the petitioner must file a new
petition and development plan.
d. Continuance. In circumstances where further resolution is required, the
Commission may continue final action 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, then the petitioner must present a final development plan as set forth in
subsection (h)(2)(b) prior to the issuance of any building permits. The final
development plan must be reviewed to ensure that:
1. The plan complies with the preliminary development plan.
2. The plan complies with the Comprehensive Plan, the Zoning Code, City
ordinances, regulations, policies and all other applicable laws.
3. Where appropriate, the review agencies may assess the document and
forward their comments to the Planning Department of Community
Development prior to final development plan approval.
4. When all final plans are submitted the petitioner shall also make a digital
submission that complies with the regulations of section 102-39(d) of the
Code of Ordinances.
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.
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(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 or open spaces;
b. Shall not increase building ground area coverage, floor area, 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 regulations.
(2) Procedures for minor amendments.
a. Review. The City shall review the plan for compliance with all applicable
requirements and ordinances. Concerned agencies as appropriate shall be
consulted to assure proper plan review. Upon determination that all requirements
have been met, planning Department of Community Development staff shall
submit their findings to the Planning Commission Chair for certification. If any
question arises as to compliance, the plan shall be referred to the Planning
Commission.
b. Certification. Upon certification of approval by the Planning Commission Chair, ,
planning Department of Community Development staff shall have copies of the
plan prepared and distributed to other public agencies at the expense of the
petitioner and return the original plan to the 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."
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(k) Relationship to subdivision regulations. The relationship between development plans and
the subdivision regulations are established as follows:
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.
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 petitioner and the Planning Commission to combine
requirements for development plans and preliminary subdivision plats in order to
streamline development approval while not reducing the quality of the review. The
following provisions shall be applicable to any such combined plan:
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 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, setbacks and where the petitioner has plans prepared at the required level of
detail for subdivision plats prior to receiving a zone change approval. When a
petitioner is required to provide a development plan in conjunction with a zoning map
amendment request, the 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 11. Severability. The provisions of this ordinance are severable. If any
provision, section, paragraph, sentence, or part thereof shall be held unconstitutional or invalid,
such decision shall not affect or impair the remainder of this ordinance, it being the legislative
intent to ordain and enact each provision, section, paragraph, sentence, and part thereof
separately and independently of each other.
SECTION 12. Effective Date. This ordinance shall be read on two separate days and
will become effective upon summary publication pursuant to KRS Chapter 424.
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______________________________
Introduced by the Board of Commissioners _________________________
Adopted by the Board of Commissioners, __________________________
Recorded by Lindsay Parish, City Clerk, ___________________________
Published by The Paducah Sun, _________________________________
ORD\ Department of Community Development Reorganization
Agenda Action Form
Meeting Date: October 2, 2026
Short Title: Consensual annexation of 6675 Blandville Road - J. FOWLER-SOMMER
Category: Ordinance
Staff Work By: Josh
Fowler-Sommer
Presentation
By: Josh Fowler-
Sommer
Background Information: The property owners, Jamey & Jordan Brown, have requested consensual
annexation into the City of Paducah for 6675 Blandville Road. Currently, the lot is vacant. The Browns' wish
to construct a private garage with the possibility of single-family in the future. The lot totals 1.62 acres.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Commission Priorities List Growth
Communications Plan:
Funds Available: Account Name:
Account Number:
Staff Recommendation: Approval.
Attachments:
1. ORD - Annex – Consensual - 6675 Blandville Road
2. processed-EB4A0147-3454-4F18-A1C1-707FDEF585C6
3. Annexation Plat (Final) - 6675 Blandville Road_092226
ORDINANCE NO. 2026-____-_________________
AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF
PADUCAH, KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING
ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH,
AND ACCURATELY DEFINING THE BOUNDARY OF SAID PROPERTY TO
BE INCLUDED WITHIN THE SAID CORPORATE LIMITS
WHEREAS, the property, approximately 1.62 acres of land located at 6675 Blandville
Road, is contiguous to the boundaries of the City of Paducah and particularly and accurately set
out in the legal description below; and
WHEREAS, said property is suitable for development for urban purposes without
unreasonable delay because of population density, commercial, industrial, or governmental use of
land, or subdivision of land; and
WHEREAS, said property does not include any territory that is already within the
jurisdiction of another incorporated city, or another county; and
WHEREAS, said property is not part of an agricultural district formed pursuant to
KRS 262.850(10); and
WHEREAS, on July 22, 2026, James R. Brown and Jordan M. Brown, requested in
writing to the Board of Commissioners through the Paducah Planning Department said consensual
annexation of 6675 Blandville Road; and
WHEREAS, pursuant to KRS 81A.412, a city may annex any area that meets the
requirements of KRS 81A.410 if each of the landowners in the area to be annexed gives prior
written consent to the annexation; and
WHEREAS, the City issued notice of said execution to the McCracken County Fiscal
Court on September 25, 2026.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. The City of Paducah, Kentucky, annexes into the corporate limits and
makes a part of the City of Paducah, Kentucky, said real property being more particularly and
accurately described as follows:
Tract Description - 6675 Blandville Road, Paducah, KY 42001
DB 1547, Page 526 Plat Cab 1, Slide 347 Tax Map No.: 077-20-00-031
Being a parcel lying in McCracken County, Kentucky north of US 62 - Blandville Road and west
of Olivet Church Road, the Jamey R Brown Revocable Trust property as recorded in Deed Book
1547 Page 526 and also depicted on the miscellaneous plat recorded in Plat Cabinet 1, Slide 347,
McCracken County Clerk’s Office, Commonwealth of Kentucky, and being more particularly
described as follows:
Beginning at a found 1/2” rebar with plastic cap (LS 3861), in the north right of way line of US
62 – Blandville Road, being the southeast corner of the Jamey R. Brown Revocable Trust
property, and having the Kentucky State Plane Single Zone coordinates of N: 3,553,191.01’ and
E: 4,058,064.80’, also being the southwest corner of the DND Capital LLC property (DB 1506,
PG 62; PB M-1738; PB N-106);
Thence from the point of beginning crossing US 62 – Blandville Road, South 32° 56’ 08” East, a
distance of 155.49 feet to a found 1/2” rebar with plastic cap (LS 2403), being in the south right
of way line of US 62 – Blandville Road and the Midstates Construction Inc. property line (DB
709, PG 3; PB J-741);
Thence, along the right of way and Midstates Construction Inc. property, South 55° 07’ 21”
West, a distance of 347.17 feet to a point in the right of way, being located North 55° 07’ 21”
East, a distance of 143.14 feet from a found KYTC concrete monument;
Thence crossing US 62 – Blandville Road, North 32° 42’ 28” West, a distance of 171.70 feet to a
1/2”x24” rebar with cap marked “Pin Oak Eng PLS 4621”, set this survey in the north right of
way line of US 62 – Blandville Road, also being a corner to the Robert J. Elder property (DB
1354, PG 345; Plat Cab 1, Slide 347);
Thence, North 32° 42’ 28” West, a distance of 142.93 feet to a 1/2”x24” rebar with cap marked
“Pin Oak Eng PLS 4621”, set this survey, being in the line of the Patrick Lipford property (DB
1443, PG 490; PB J-1425);
Thence, along the Lipford property, North 51° 36’ 40” East, a distance of 347.47 feet to a found
1/2” rebar with plastic cap (LS 3861), also being a corner to the DND Capital LLC property, and
passing through a found 1/2” rebar with plastic cap (LS 3437) at 83.30 feet;
Thence, along the DND Capital LLC property, South 32° 56’ 08” East, a distance of 180.26 feet
to the point of beginning containing 2.587 acres (112,704 square feet).
As surveyed by Pin Oak Engineering PLLC, Christopher Kyle Joiner, PLS #4621 on September
21, 2026.
The description is accurate to the best of my knowledge and belief.
There is a 275’ transmission line permanent easement and right of way across this lot as
established in Deed Book 309, Page 35.
SECTION 2. The City of Paducah hereby declares it desirable to annex the property
described in Section 1 above.
SECTION 3. If any section or portion of this ordinance is for any reason held to be invalid
or unconstitutional by a decision of a court of competent jurisdiction, that section or portion shall
be deemed severable and shall not affect the validity of the remaining sections of the ordinance.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are to the extent
of such conflict hereby repealed.
SECTION 5. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
______________________________
George Bray, Mayor
ATTEST:
________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, October 2, 2026
Adopted by the Board of Commissioners, ________________________________
Recorded by Paducah City Clerk, _______________________________
Published by The Paducah Sun, __________________________
ORD\Plan\Annex – Consensual 6675 Blandville Road
CERTIFICATION
I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of
Paducah, Kentucky and that the foregoing is a full, true and correct copy of Ordinance
__________________________ adopted by the Board of Commissioners of the City of Paducah
at a meeting held on ______________________________.
WITNESS, my hand and seal of the City of Paducah, this ______ day of _________________,
2026.
______________________________
Lindsay Parish, City Clerk
IP
IP
N55°07'21"E
143.14'
N51°36'40"E 347.47'
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S55°07'21"W
347.14'(158.65')
(264.17')
EXIST. IRON PIN (FOUND AS NOTED)PROPERTY LINE
RIGHT OF WAY LINE
FENCE
M.B.S.L. (MINIMUM BUILDING
SETBACK LINE)MEANDER POINT
TREE
EXIST. KYTC CONCRETE MONUMENT
CENTERLINE OF ROAD
FENCE POST
EASEMENT
LINE TO BE ABOLISHED
LINE TO BE ESTABLISHED
MAG NAIL WITH WASHER
STAMPED "PIN OAK ENG PLS 4621"
SET THIS SURVEY
1" PIPE
IP 1/2" X 24" IRON PIN WITH PLASTIC CAP
STAMPED "PIN OAK ENG PLS 4621"
SET THIS SURVEY
CITY LIMITS
AREA TO BE ANNEXED
SHEET NO.
SHEET
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9.22.2026
1.0
26113
KENTUCKY STATE PLANE
COORDINATE SYSTEM
SINGLE ZONE
PLAT NOTES
1)THIS SURVEY WAS PERFORMED USING A CARLSON BRX6+ DUAL FREQUENCY, REAL TIME KINEMATIC (RTK) GLOBAL POSITIONING SYSTEM ROVER AND
LOCAL BASE STATION: D192004088136 ROVER: D181831254003. REDUNDANT AND REPETITIVE MEASUREMENTS WERE TAKEN TO INSURE CORRECT
POSITIONS OF ALL DATA THE RELATIVE POSITIONAL ACCURACY EXCEEDS THE ACCURACY STANDARDS FOR AN URBAN SURVEY, AS ESTABLISHED BY THE
KENTUCKY REVISED STATUES STANDARDS OF PRACTICE FOR PROFESSIONAL LAND SURVEYORS PER 201 KAR 18:150 (0.05'+100PPM). ALL COORDINATES
AND BEARING DATA IS BASED UPON THE KENTUCKY STATE PLANE COORDINATE SYSTEM, SINGLE ZONE, NAD 83, NAVD 88, GEOID 18. MULTIPLE
REDUNDANT MEASUREMENTS WERE TAKEN ON EACH PROPERTY CORNER, EACH MEASUREMENT EXCEEDING A TOLERANCE OF 0.04' FOR POSITIONAL
ACCURACY. TRAVERSE IS UNADJUSTED.
2)THE BEARINGS SHOWN ARE REFERENCED FROM KENTUCKY STATE PLANE COORDINATE SYSTEM, SINGLE ZONE.
3)THIS PROPERTY IS LOCATED IN FLOOD ZONE "X" OTHER AREAS, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, AS
SHOWN ON FEMA FIRM MAP NUMBER 21145C0137F DATED EFFECTIVE NOVEMBER 2, 2011.
4)NO VISIBLE EASEMENTS OR CLAIMS OF EASEMENT WERE FOUND THROUGH PHYSICAL INSPECTION OTHER THAN THOSE SHOWN HEREON.
5)THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE OPINION. A DILIGENT EFFORT WAS MADE AT THE TIME OF THIS SURVEY, HOWEVER
THIS SURVEY IS SUBJECT TO FINDINGS THAT WOULD BE REVEALED IN AN ACCURATE TITLE OPINION.
6)NO CEMETERIES WERE OBSERVED DURING THE COURSE OF THIS SURVEY.
7)THIS PROPERTY IS SERVED BY PUBLIC WATER, CONTACT PADUCAH WATER.
8)THIS PROPERTY IS NOT SERVED BY PUBLIC SEWERS, CONTACT THE MCCRACKEN COUNTY HEALTH DEPARTMENT.
9)ENCROACHMENTS, IF ANY, OBSERVED DURING THE COURSE OF THIS SURVEY ARE SHOWN HEREON.
10)RIGHTS OF WAY OF US HWY 62 - BLANDVILLE ROAD ARE BASED ON KYTC RECORD HIGHWAY PLANS, PROJECT NUMBER:
FSP 073-0062-009-010 DATED 11/18/1988; DEED BOOK 701, PAGE 716; DEED BOOK 1388, PAGE 730; AND EXISTING KYTC MONUMENTATION.
11)TVA TRANSMISSION LINE RIGHT-OF-WAY IS SHOWN AS A GRAPHICAL REPRESENTATION ONLY.
OWNER
JAMEY R. BROWN REVOCABLE TRUST
6460 SAINT ANDREWS DRIVE
PADUCAH, KY 42001
CLIENT
CITY OF PADUCAH
300 SOUTH 5TH STREET
PADUCAH, KY 42003
PROPERTY ADDRESS
6675 BLANDVILLE ROAD
PADUCAH, KY 42001
SOURCE(S) OF TITLE
DEED BOOK 1547 PAGE 526
PLAT CAB 1 , SLIDE 347
VICINITY MAP
THE INTENT OF THIS SURVEY IS TO RETRACE THE
BOUNDARIES OF THE JAMEY R. BROWN REVOCABLE
TRUST PROPERTY AS DESCRIBED IN DEED BOOK
1547, PAGE 526, & PLAT BOOK , SLIDE FOR
ANNEXATION INTO THE CITY OF PADUCAH
CORPORATE LIMITS.
SCALE: 1" = 2,000'
I, CHRISTOPHER KYLE JOINER, HEREBY CERTIFY THAT I AM A REGISTERED LAND
SURVEYOR, LICENSED IN COMPLIANCE WITH THE LAWS OF THE STATE OF KENTUCKY;
THAT THIS PLAT CORRECTLY REPRESENTS A SURVEY COMPLETED UNDER MY
SUPERVISION ON AUGUST 29th, 2025 & SEPTEMBER 21st, 2026, AND THAT ALL
MEASUREMENTS AS SHOWN HEREON ARE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
CERTIFICATE OF ACCURACY
CHRISTOPHER KYLE JOINER DATE
KENTUCKY PLS #4621
CERTIFICATION OF RECORDING
I, JAMIE HUSKEY, CLERK FOR THE COUNTY AND STATE AFORESAID DO HEREBY CERTIFY THAT THIS
PLAT WAS THIS DAY LOGGED IN MY OFFICE FOR RECORD AND THAT I HAVE RECORDED SAME
WITH THIS AND THE FOREGOING CERTIFICATE IN MY OFFICE.
GIVEN UNDER MY HAND AND SEAL THIS THE _____________________DAY OF _____________
20 _____,
BY_______________________________D.C. ________________________________CLERK
RECORDED IN PLAT SECTION ________________PAGE______________________.
DATES OF SURVEY: 08/29/2025
09/21/2026
ANNEXATION PLAT
McCRACKEN COUNTY KY McCRACKEN
COUNTY
LEGEND
16
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SITE
AREA TO BE ANNEXED
2.587 ACRES
(112,704 SQ. FT.)
FOUND 1
2" IRON PIN &
CAP (LS 3437)
FOUND 1
2" IRON PIN &
CAP (LS 3861)
FOUND 1
2" IRON PIN &
CAP (LS 3861)
FOUND 1
2" IRON PIN
(NO CAP)
(1
8
5
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5
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)
UNITED STATES OF AMERICA (TVA)
(PERMANENT EASEMENT &
RIGHT OF WAY)
DB 309, PG 35
FOUND KYTC R/W
MONUMENT
(ALUMINUM DISC)
FOUND 1
2" IRON PIN &
CAP (LS 2403)
FOUND KYTC CONCRETE
MONUMENT (DISTURBED)
FOUND KYTC CONCRETE
MONUMENT
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FOUND KYTC R/W MONUMENT
(ALUMINUM DISC,
PRE-WIDENING PROJECT)
EXISTING TVA
TRANSMISSION
TOWER
EXISTING TVA
TRANSMISSION
TOWER
ROBERT ELDER
DB 1354, PG 345
PLAT CAB. 1, SLIDE 347
PATRICK LIPFORD
DB 712, PG 368
PATRICK LIPFORD
DB 1443, PG 490
PLAT SECT. J, SLIDE 1425
DND CAPITAL LLC
DB 1506, PG 62
PB M, SLIDE 1738
PB N, SLIDE 106 (ANNEX)
COUNTY
CITY OF PADUCAH
JAMEY R. BROWN REVOCABLE TRUST
DB 1547, PG 526
PLAT CAB. 1, SLIDE 347
AREA = 1.283 ACRES
(55,896 SQ. FT.)
MIDSTATES CONSTRUCTION INC.
DB 709, PG 3
PB J, SLIDE 741
℄ US 62 - BLANDVILLE ROAD (R/W VARIES)
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N: 3,553,191,01'
E: 4,058,064.80'
EXIST. R/W
EXIST. R/W
EXIST. R/W
EXIST. R/W
FEET
12080040
SCALE: 1" = 40'
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09/22/2026