HomeMy WebLinkAbout89-4-4225—�^.�J.1JJ_Y_1+s111'L_��__.-1L'�.�J_ vh._L_� '�-h_JIW_1111—JJ1"JI�1�G1.1.1�WId.CL_.uY*'�VJ LL r.+�II�IL.,k__I'.l�-�r1J�lA1J4�u4�iioWlme!�k.'LLV.hIIG'1Gi3�_dklil'ItL JL-'-�ietL-Jtu.11lil1:1�116nVV�I�dI til ltll .,+aLu�&; ,���vol:',_�'t � -I�. _��. ,.- --
550
ORDINANCE NO. 89-4-4225
AN ORDINANCE CREATING SECTION 7-8.0 THROUGH 7-8.11
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH ESTAB-
LISHING A PROCEDURE FOR PLANNED REDEVELOPMENT FOR THE DOWN-
TOWN COMMERCIAL DISTRICT LISTED ON THE NATIONAL REGISTER OF
HISTORIC PLACES AND SETTING FORTH REQUIREMENTS FOR ISSUANCE
OF A CERTIFICATE OF DEMOLITION
WHEREAS, the Board of Commissioners finds that
preservation of historical and/or architecturally signifi-
cant buildings in the downtown area of the City is important
to the economic development of the City, and preserving the
City's heritage for the pleasure and education of future
generations; and
WHEREAS, certain buildings in the Central Business
District have been identified as worthy of preservation for
historical and/or architectural reasons, and many are con-
tributing buildings to the downtown Paducah Commercial
District listed on the National Register of Historic Places;
and
WHEREAS, the Board of Commissioners finds that
current City regulations are inadequate to control the
demolition of historical and/or architecturally significant
buildings.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Sec. 7-8.0 of the Code of Ordinances
is hereby created to read as follows:
"Intent. It is the intent of this ordinance to
regulate the demolition of buildings in the Downtown Paducah
Commercial District listed on the National Register of
Historic Places and which are hereinafter identified. The
ordinance is intended to protect against demolition of
structures and premises designated to be of substantial his-
torical and/or architectural significance unless substantial
economic development would be impeded."
551
SECTION 2. Sec. 7-8.1 of the Code of Ordinances
is hereby created to read as follows:
"A. The Inspection Department shall not issue a
demolition permit for any structure designated in either
Section 7-8.10 or Section 7-8.11 of this ordinance until a
Certificate of Demolition has been approved by the Director
of Planning and Community Development (hereinafter referred
to as "Director"). Any action by the Director may be ap-
pealed by an interested party to the Board of Commissioners.
SECTION 3. Sec. 7-8.2 of the Code of Ordinances
is hereby created to read as follows:
"Stop Work Permits. In the event that the Direc-
tor finds that demolition work is being performed without
required Certificate of Demolition, the Director shall ask
the Inspection Department to issue a Stop Work Order. In
the event work is performed which is not in accordance with
the Certificate of Demolition, the Inspection Department
shall issue a Stop Work Order, and the Inspection Department
may cite violators to the District Court. 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."
SECTION 4. Sec. 7-8.3 of the Code of Ordinances
is hereby created to read as follows:
"The Director shall make a decision on.the appli-
cation within thirty (30) days after the completed applica-
tion is received by the Director. Said decision shall be in
writing, setting forth the reasons for approving or denying
the Certificate of Demolition. Any interested party may
appeal the decision of the Director to the Board of Commis-
sioners within fifteen (15) days by filing a notice with the
Director and the City Clerk. The City Commission shall
review, approve or disapprove the decision of the Director
within sixty (60) days. The Board of Commissioners may
552
I I -t t:Ui L1..r-i I. 1.11tiLIAA IWL11 h t._. 1 I IL': I..
suggest modifications to the application and may then ap-
prove a Certificate of Demolition provided for in the revi-
sions of the plans submitted. If the Board does not act
within the sixty (60) day period the decision of the Direc-
tor shall be final."
SECTION 5. Sec. 7-8.4 of the Code of Ordinances
is hereby created to read as follows:
"Information to be Contained in Application. Each
application submitted to the Director shall contain the
applicant's plans of redevelopment on the property and shall
provide drawings of the proposed improvements, photographs
of existing buildings or structures and adjacent proper-
ties."
SECTION 6. Sec. 7-8.5 of the Code of Ordinances
is hereby created to read as follows:
"A) In making a decision on an application for
the demolition of a building listed in Section 7-8.10 of
this Code, the Director',shall use the following general
guidelines and the guidelines adopted for Landmark and
Historic District contained in the Zoning Code of the City
(Sec. 62.13, Appendix A - Zoning, of the Code of Ordinances
of the City of Paducah)'. The Director shall consider:
1. The effect of proposed demolition on the
location for which thatldemolition is requested.
2. Relationship between such demolition and
other structures in the,landmark site or other properties in
the District. In evaluating the effect and relationship,
the Director shall consider historical and architectural
significance, architectural style, design, and arrangement.
The certificate from the Board shall not relieve the prop-
erty 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 such development on the City or area of the City
in which the property is located."
3
553
"B) In making a decision on an application for a
certificate of demolition for a building contained in the
area set forth in Section 7-8.11 of this Code which is not
listed in Section 7-8.10 of this Code, the Director shall
issue a Certificate of Demolition if the applicant has filed
complete plans signed by a licensed architect or engineer
showing all grading, drainage, utilities services, and
buildings proposed for the site after demolition and the
developer has certified that development shall begin within
six (6) months.
SECTION 7. Sec. 7-8.6 of the Code of Ordinances
is hereby created to read as follows:
"Economic Hardship. For Buildings listed in
Section 7.8-10 of this Code, the Director shall study the
questions of economic hardship for the applicant and shall
determine whether the site can be put to reasonable benefi-
cial use without the approval of the demolition application.
In the case of income producing building, the Director shall
also determine whether the applicant can obtain a reasonable
return from his existing building. If the applicant is
claiming that denial of the Certificate of Demolition
amounts to a taking of the property without just compensa-
tion, the applicant shall so state in his application with
all reasons supporting said claim."
SECTION 8. Sec. 7-8.7 of the Code of Ordinances
is hereby created to read as follows:
"For buildings listed in Section 7-8.10 of this
Code, if economic hardship, or lack of reasonable return is
not proved, the Director shall deny the application unless
the Director finds (1) that the benefit from the economic
development of the site exceeds the historical and archi-
tectural value and (2) the developer has stated that devel-
opment will commence within six (6) months, and in that
event the application shall be approved."
SECTION 9. Sec. 7-8.8 of the Code of Ordinances
is hereby created to read as follows:
0
554
"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."
SECTION 10. Sec. 7-8.9 of the Code of Ordinances
is hereby created to read as follows:
"In any case where the Fire Inspector determines
that there are emergency conditions, dangerous to life,
health and property affecting a site contained in this
ordinance, he may order the remedying of these conditions
without approval of the Board. When possible, preference
should be given by the Fire Inspector to stabilization,
rather than demolition, as the means for correcting the
dangerous conditions."
SECTION 11. Sec. 7-8.10 of the Code of Ordinances
is hereby created to read as follows:
"The location of properties to be controlled by
this ordinance are:
1. Petter Headquarters, 117 S. First St.
2. Freight Depot-Bauchuss-Johnston Brokerage, 300 S. 3rd;
310 S. 3rd
3. Sinnot Hotel, 201 Broadway
4. Citizens Bank Building, 333 Broadway
5. St. Mary Academy Complex, 225 N. 4th & 218 N. 5th
6. Elks Lodge, 121 N. 5th
7. Columbia Theatre, 510-14 Broadway
8. Arcade Theatre, 500-08 Broadway
9. St. Francis deSales Church, 540 Broadway
10. Irvin Cobb Hotel, 600-606 Broadway; 105 S. 6th
11. Tilghman House, 631 Kentucky Avenue
12. Old National Bank Building, 300 Broadway"
SECTION 12. Sec. 7-8.11 of the Code of Ordinances
is hereby created to read as follows:
"The area of properties to be controlled by this
ordinance are:
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
5
555
located at the intersection of the south right-
of-way line of Jefferson Street and the west
right-of-way line of North 4th Street; thence in a
northerly direction along the west right-of-way
line of North 4th Street to a point located at the
intersection of the west right-of-way line of
North 4th 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 7th Street; thence
in a southerly direction along the east right-of-
way line of North 7th Street to a point located at
the intersection of the east right-of-way line of
North 7th Street and the south right -o€ -way line
of Jefferson Street; thence is a westerly direc-
tion along the south right-of-way line of Jeffer-
son 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 8th
Street; thence in a southerly direction along the
east right-of-way line of North 8th Street to a
point located at the intersection of the east
right-of-way line of North 8th 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 inter-
section of the north right-of-way line of Broadway
and the east right-of-way line of North 7th
Street; thence in a southerly direction, crossing
Broadway along the east right-of-way line of South
7th Street to a point located at the intersection
of the east right-of-way line of South 7th 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 6th Street; thence in a
northerly direction along the west right-of-way
line of South 6th Street to a point located at the
intersection of the west right-of-way line of
South 6th Street and the north right-of-way line
of Kentucky Avenue; thence in an easterly direc-
tion 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 3rd Street;
thence in a southerly direction along the east
right-of-way line of South 3rd Street to a point
located at the intersection of the east right-
of-way line of South 3rd 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 inter-
section 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 direc-
tion 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 Jeffer-
son Street; thence to the point of beginning."
556
SECTION 13. This ordinance shall be read on two
separate days and will become effective upon publication of
title and a certified summary thereof.
GERRY B. MONTGOMERY
Mayor
Introduced by the Board of Commissioners March 28, 1989
Adopted by the Board of Commissioners April 11, 1989
Recorded by Lenita Smith, City Clerk, April 11, 1989
Published by The Paducah Sun April 17, 1989.
\ord/demol
W