HomeMy WebLinkAbout92-5-4774ORDINANCE 92-5-4774
AN ORDINANCE ABOLISHING AND RECREATING SECTION 83 OF
APPENDIX A -ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Sec. 83, Amendments and Development Plans,
is hereby recreated to read as -follows:
"Sec. 83. Amendments and Development Plans.
83.01. Intent.
The intent of this Section is to provide guidance for
the Zoning Ordinance 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 use for a variety of
planning and zoning processes, including map amendments.
The Planning Commission in its obligation to promote
the public health, safety, and general well being shall consider,
but not be limited to, the following in its amendatory and
development plan considerations:
1. The conservation of natural resources, which may
include various wildlife forms, vegetation, steep
slopes, surface water, ground water, floodplain,
soils, geologically sensitive areas, air quality,
noise, view sheds, sufficient sunlight exposure
etc;
2. The conservation of sites that have historic or
architectural value;
3. The provision for safe, efficient vehicular and
pedestrian transportation, off-street parking and
loading within the development and the community
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 community/neighborhood;
7. The provision that infrastructure needs, as they
relate to essential services and infrastructure
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systems, are adequately addressed;
8. The development plan's compliance with the
Comprehensive Plan and all applicable regulations
as per City of Paducah Ordinances and policies
and other applicable laws and regulations.
83.02. Initiation & Actions Required for an Amend-
ment.
This Zoning Ordinance, including both the text and the
zoning map, may be amended, supplemented, changed, modified, or
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repealed. A proposal for amendment to any zoning regulation may
originate with the Planning Commission or with the Paducah City
Commission, or with the owner of the property in question.
Regardless of the origin of the proposed amendment, it shall be
referred to the Planninq Commission before adoption.
83.03. Public Notice Required.
The Planning Commission shall then hold at least one
public hearing after notice as required by Kentucky Revised
Statutes, Chapter 100 and 424. The Planning commission shall
send copies of the notice to property owners surrounding the
proposed zoning change with a radius of two hundred feet (200')
of the property proposed for a map amendment.
All procedures for public notice and publication as
will as for adoption shall be the same as for the original
enactment of a Zoning Ordinance (KRS Chapter 424).
83.04. Findings Required.
Before any map amendment is granted, the Planning
Commission must find that the map amendment is in agreement with
the comprehensive plan, or in the absence of a such a finding,
that one or more of the following apply and such findings shall
be recorded in the minutes and records of the Planning Commission
and City Commission:
83.041.
That the original zoning classification given to the
property was inappropriate or improper.
83.042.
That 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 substan-
tially altered the basic character of the area.
83.05. Variances & Conditional Use Permits.
The Plannina Commission may hear and finallv decide
applications for variances or conditional use permits when a
proposed development plan requires a map amendment and one (1) or
more variances or conditional use permits. The Planning
Commission shall assume all powers and duties otherwise exercised
by the Board of Adjustment pursuant to KRS 100 and this
ordinance. The applicant for the map amendment may elect to have
any variances or conditional use permits for the same development
to be heard and finally decided by the Planning Commission at the
same public hearing set for the map amendment, or by the Board of
Adjustment as otherwise provided for by KRS 100 and this
ordinance.
83.06. Development Plan Requirements.
83.061.
When required: A preliminary development plan shall
be required in the following instances:
(aZ The Planning Commission, as a condition to
the granting of anv zoning change, shall
(C
83.062.
require the submission of a development
plan which, where agreed upon, shall be
followed; except for a single principal
structure and accessory structures for a
single family dwelling, a duplex dwelling,
a triplex dwelling, or a four plex dwellin
on a single lot or ownership parcel. As a
further condition to the granting of a
zoning change, the Paducah Planning
Commission shall require that substantial
construction be initiated within two (2)
years following the enactment of the map
amendment, provided that such zoning Chang
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.
When there is
principal buil
parcel or lot.
a proposal for multiple
dings on a single ownershi
The subdivision process may substitute for
the development plan process.
Plans defined: For purposes of this section and the
plans required herein, the following definitions shall apply:
(a) Sketch Plan: This plan will be used to
determine the essential graphic and written
materials required for a specific map
amendments and those specific actions, such
as map amendments, variances, or
conditional use permits that may be
requested of the Planning Commission. The
Sketch Plan may be conceptual but should
indicate any site or surrounding features
or conditions that may affect the proposed
development or surrounding properties or
rights of way, the proposed buildings,
access points, parking and loading areas,
landscaping and screening areas, existing
and proposed utilities, proposed location
for solid waste storage and access to same,
and any other conditions on site or
surrounding properties or proposed
development features which may affect the
development of the site or surrounding
properties or rights of way. The Sketch
Plan does not have to be detailed or highly
finished drawings, but should address the
issues and conditions that may be essential
to the development.
Preliminary Development Plan: This plan
shall be that plan adopted by the Planning
Commission when the Planning Commission
favorably recommends a map amendment to the
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City Commission. The preliminary
development plan shall include that
information as determined in the pre -
application conference.
No building permits shall be issued based
upon a preliminary development plan.
(c) Final Development Plan: This Plan is, in
effect, a final site plan with that level
of detail as may be required for obtaining
those permits and approvals necessary for )
construction. It shall include all
information required as set forth
hereinafter and as necessary for the review
of the proposed development and its
compliance with any applicable law or
regulation including any previously
aDDroved Dreliminary development plan.
83.063.
Content and Format of Development Plans: All
development plans shall be prepared on mylar or other material
capable of clear reproduction. Plans shall be legible and of a
size and scale (generally not exceeding 1"=1001) which enables
clear presentation of required information. Required plan
information shall be as follows:
(a) Content of Preliminary Development Plan: A
preliminary development plan shall contain
the following minimum information:
1) A title block containing the plan
name, development plan type
(preliminary or final), name and
address of developer and plan
preparer; and a written and graphic
scale.
The boundary of the subject property
and the zoning and owner names for all
adjoining property.
3) Vicinity sketch, oriented in the same
direction as the design scheme.
Topography with contour intervals,
grid elevations or spot elevations of
sufficient detail to generally
describe the lay of the land. This
requirement may be waived by the City
where topographic conditions and
features are found not to be necessary
to the required development plan
reviews and actions.
5) Location, arrangement, and approximate
dimensions of existing and proposed
driveways, walkways, parking areas and
arrangement of spaces, dumpster pads,
points of ingress and egress, and
other vehicular and pedestrian right-
of-way.
Location and typical profiles and
cross-sections of any proposed or
existing streets or deceleration lanes
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(when deemed necessary) within or
abutting the subject property. This
requirement may be waived subject to a
condition regarding same on the face
of the development plan.
Screening, landscaping, buffering,
recreational, and other open spaces.
_ Approximate size, location, height,
floor area, area arrangement, and use
of proposed and existing buildings and
signs.
Approximate location of lot lines for
projects anticipated to involve land
subdivision.
10) Storm drainage areas, floodplain,
conceptual drainage controls and storm
water retention, and any other
designated environmentally sensitive
or geologic hazard areas.
11) Proposed and existing easements for
utilities or other purposes, locations
of sanitary sewers including lengths
and alignments of laterals.
12) Areas of substantial existing trees
including those located along fence
rows and drainage areas, along with a
general description of the type and
size of such trees.
13) A statistical table summarizing all
pertinent site data, including site
area, zoning, building coverage and
floor area, parking, open spaces, etc.
14 1 For projects of one (1) acre or more,
a note stating that no grading,
stripping, excavation, filling, or
other disturbance of the natural
ground cover shall take place unless
and until the Department of
Engineering and Environmental Services
has approved the developer's proposed
soil erosion control procedures and,
if required, a soil erosion control
plan.
151 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 heron and
that I (We) hereby adopt the
Development Plan with My (Our) free
consent, with the exception of such
variances or other conditions of
approval, if any, as are noted hereon
or in the Minutes of the Paducah City
Planning commission. I (We)
furthermore understand that building
permits for construction can only be
issued following this plan and that
amendments to the plan can be made
only by official Commission action."
161 A preliminary development plan
certification shall be signed by the
Chairman if and when the plan is fully
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approved, as follows: "I hereby
certify that the Development Plan
shown hereon has been found to comply
with the Zoning Ordinance Regulation
for the City of Paducah, Kentucky,
with the exception of such variances
or other condition of approval, if
any, as are noted hereon or in the
Minutes of the City Planning
commission and that is has been
approved as the official plan."
(b) Contents of Final Development Plan: A
final development plan shall contain all
information as required for Preliminary
sections above
ept that the plan information shall be
an exact nature, rather than approximate
or
83.07. Map Amendment and Development Plan Procedures.
83.071.
Preapplication Conference: Prior to any acceptance of
a formal application for an amendment, the applicant shall meet
informally with city staff to determine the following:
(a) The effect of the proposed development on
the existing neighborhood, traffic
patterns, and infrastructure systems;
How the proposed development relates to the
comprehensive plan;
(cZ The various regulations that may apply to
the proposed development;
An explanation of the required contents of
the preliminary development plan, and any
other required submission of materials;
(eZ And an explanation of the amendment
process.
At the time of the meeting with the planning staff,
the applicant should present a sketch plan, as outlined in
Section 83.062(a).
83.072.
Formal ADDlication: To formallv request the
Commission to consider action on any zone map amendment and/or
preliminary development plan, the applicant shall file a complete
application (with respect to all applicable provisions of this
zoning ordinance and other City of Paducah ordinances,
regulations and policies), pay the filling fee, and provide
copies of all written and graphic material as required. Also the
date for the public hearing will be set.
83.0721.
Refiling: Upon rejected amendment proposals, the
applicant must wait one (1) year before reapplying with the same
proposal, unless the Planning Commission grants unanimous
permission to resubmit sooner.
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83.073.
Review: The planning staff shall send the development
plan to concerned agencies and interests for their respective
technical review. If necessary, or requested by the applicant,
the interest and technical review bodies may meet together to
resolve, if possible, all differences and difficulties associated
with the development proposal. These meetings will be open to
all interested parties, including the public.
83.074.
Planning Commission Action: No development plans will
be considered for Commission action until they have been reviewed
by the appropriate review agencies or interests. The commission
may pursue the following action:
(a)_ Approval - The development plan is ready
for certification as presented;
(b) Conditional Approval - The development plan
will be certified when the developer has
complied with the conditions of approval
set forth in the Commission's action on the
development plan.
(c) Disapproval - The development plan has been
disapproved by the Planning Commission. To
request new review and action, the
developer must file a new application as
set forth in this ordinance.
) Postponement - In circumstances where
further resolution is required, the
Commission may act, with the consent of the
applicant, to postpone final action on the
development plan until further information
or resolution of conflicts can be
ascertained.
83.075.
Final Development (Site) Plans Procedures: Only after
the Planning Commission has adopted the preliminary development
plan, and has recommended to the City Commission the zone map
amendment, and the City Commission has acted affirmatively on
same; the applicant must present a final development plan as set
forth in Section 83.062(c) prior to the issuance of a building
permit. Citv staff will check the final development plan and
insure:
(a) That the plan is in compliance with
the preliminary development plan.
That the plan is in compliance with
the comprehensive plan, the zoning
-- ordinance, other Paducah ordinances,
regulation or policies, and all other
applicable laws and regulations.
(c) That where appropriate, the review
agencies may assess the document and
forward their comments to the City
prior to final development plan
approval.
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If the final development plan complies with
subsections (a) through (c) above, the Planning Commission Chair
will certify on the face of the plan that all planning
requirements and applicable conditions have been satisfied.
83.08. Amendments to Development Plans.
Amendments to approved development plans can be made
only by official Planning Commission action following a public
hearing. Contents, format, and procedures shall be as for the
original submission. However, amendments which fully meet the
requirements set forth hereinafter as minor amendments, shall be
approved and certified by the City without further action by the
Planning Commission.
83.081.
Minor Amendments Defined: Minor amendments are
intended to expedite approval in those situations where
amendments are of minor significance and generally relate to the
shifting of previously approved spaces. Such amendments:
(a)_ shall not decrease the overall land area in
yards or other open spaces;
shall not increase building ground area
coverage, floor area, or height; or
increase the number of dwelling units;
(c) 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;--�I
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 parkina spaces than required for
the original development plan. To qualify
as a minor amendment, tnis reaucti.on may
not be less than would be required by the
zoning district regulations. For any case,
where parking in excess of the minimum
requirement was provided on the original
development plan, that same number of
spaces shall be provided in excess of the
minimum requirement for the proposed minor
amendment plan.
83.082.
Procedures for Minor Amendments:
(a) Filing: To request approval of minor
amendments to development plans, the
developer shall file with the City a
completed application form, and
copies of the plan as required by the
terms and conditions of the City's
application form.
(bZ Review: The City shall review the
plan for compliance with all
applicable requirements and ordinances
and shall consult with concerned
agencies as appropriate to assure
proper plan review. Upon
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determination that all requirements
have been met, city staff shall
submit its finding to the Planning
Commission Chair for certification.
If any question arises as to
compliance, however, the plan shall be
referred to the Planning Commission.
Certification: Upon certification of
approval by the Planning Commission
Chairman, city staff shall have copies
( of the plan prepared and distributed
to other public agencies at the
expense of the developer, and return
the original plan tracing to the
developer.
83.083.
Content and Format of Minor Amendments: Minor
amendments shall have the same content and format requirements as
the original development plan, except that:
() the title shall indicate the plan is a
minor amendment;
a note shall be added listing the
exact nature of the requested changes;
(c) the following will be the required
language for the Planning Commission
Chairman's certification: "I do
hereby certify that this development
plan amendment complies with Zoning
Ordinance provisions regarding
amendments to development plans."
y ) Owners of interest will complete a
certification to, be signed and
witnessed as follows: "I(We) do
hereby certify that I am (we are) the
only owner(s)_of the property shown
hereon, and do adopt this as my (our)
development plan for the property"
will be required language for all
property.
83.09. Relationship to Subdivision Regulations.
The relationships between development plans and the
Subdivision Regulations are established as follows:
83.091.
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
Reaulations shall be aDDlied to Droposals contained on the
development plan.
83.092.
Development Plans and Preliminary Subdivision Plats
May be Combined: It is recognized that for certain development
situations it can be advantageous to both the applicant and the
Planning Commission to combine requirements for development plans
and preliminary subdivision plats in order to streamline the
development approval process while not -reducing the quality of
the review. The following provisions shall be applicable to any
such combined plan:
(a) The developer shall meet with city
staff no later than five (5) working
days in advance of the filing deadline
to discuss the appropriateness of
filing a combined plat.
(b) The plan shall show all information
required for a development plan
(preliminary or final as appropriate)
and all information required for a
preliminary subdivision plat as -set.
forth in the Subdivision Regulations.
83.093.
Preliminary or Final Subdivision Plat Mav be
Substituted for Development Plans Required in Conjunction with
Map Amendment Requests: It is recognized that in certain cases a
preliminary or final subdivision plat would be as appropriate or
more appropriate to be considered in conjunction with a map
amendment request than would a development plan. Generally, such
situations involve developments where placement of structures
will be tightly controlled by the streets, lot pattern, and
requirements for placement of structures within the zone, and
where the applicant sees fit to have plans prepared at the
required level of detail for subdivision plats prior to receiving
a zone change approval. When a applicant is required to provide ( )
a development plan in conjunction with a zoning map amendment
request, the applicant may file a subdivision plat in place of
the development plan, if deemed appropriate by the City. In any
disputed case, the City shall make the final judgement as to
whether a development plan or a subdivision plat is required.
83.095. Administration and Enforcement.
RI_ng5i_
The City Manager shall designate the Department and/or
City officer responsible for the administration of this section
other than those actions and procedures that specifically require
Planning Commission or the Chairman of the Planning Commission
review, action, or signature.
83.0952.
Enforcement: The responsibilities of enforcement of
this section shall be as designated by the Citv Manager.
SECTION 2. That if any section, paragraph or
provision of the 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 allother
sections, paragraphs and provisions.
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SECTION 3. 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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AGE ;rB!.-MO3N OME
Mayor
Introduced by The Board of Commissioners May 12, 1992
Adopted by The Board of Commissioners May 19, 1992
Recorded by Lenita Smith, City Clerk, May 19, 1992
Published by The Paducah Sun, May 25, 1992.
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