HomeMy WebLinkAbout2009-1-7506ORDINANCE NO. 2009-1-7506
AN ORDINANCE AMENDING SECTIONS 126-3, DEFINITIONS; 126-105,
HIGH DENSITY RESIDENTIAL ZONE, R-4; AND 126-115(b), HISTORICAL ZONES, H-1
AND H-2 OF CHAPTER 126, ZONING OF THE CODE OF ORDINANCES OF THE CITY
OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 126-3, Definitions, of Chapter 126, Zoning, of the
Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
"SECTION 126-3, DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
Accessory building and rise. A subordinate building located on the same lot with
the principal building, or a subordinate use of land, either of which is customarily
incidental to the principal building or to the principal use of the land. Where part
of the wall of an accessory building is a part of the wall of the principal building
in a substantial manner as by a roof, such accessory building shall be counted as
part of the principal building. Local public utility, communication, electric
distribution and secondary power lines, gas, water and sewer lines, their supports
and poles, guy -wires, small transformers, wires or cables and incidental
equipment and public telephone booths are considered accessory buildings or
structures.
Accessory living quarters. Living quarters within an accessory building, for the
sole use of persons employed on the premises, such as quarters having no kitchen
facilities and not rented or otherwise used as a separate dwelling.
Alley. A permanent public service way providing a secondary means of access to
abutting lands.
Arterial highway strip commercial. Commercial uses which front on the
designated U.S. highways in either the B-1 or the HBD zone classifications.
Automobile service station. An establishment with the primary business function
of the retail sale of gasoline for passenger car use, and the minor service and
repair work incidental to the operation of passenger automobiles.
Bed and breakfast. A bed and breakfast is an owner managed and occupied
residential structure used as a lodging establishment where a room or rooms are
rented on a nightly basis, and in which only breakfast is included as part of the
basic compensation.
Block frontage. All the property fronting on one side of a street between
intersecting streets, or between a street and a right-of-way of a dead-end street or
city boundary, measured along the street line.
Board. The Paducah City Board of Adjustment, Paducah, Kentucky.
Building. Any structure having enclosed space and a roof for the housing or
enclosure of persons, animals or chattels.
Building area. The maximum horizontal projected area of the principal and
accessory building, excluding open steps or terraces, unenclosed porches not
exceeding one story in height or architectural appurtenances projecting not more
than two feet.
Building, detached. A building having no party wall in common or structural
connection with another building.
Building, front line of. The line of the face of the building nearest the front lot
line.
Building, height of. The vertical distance from the average contact ground level at
the front wall of a building to the highest point of the coping of a flat roof, or to
the deck line of a mansard roof, or to the mean height level between eaves and
ridges for gable and hip or gambrel roofs.
Building line. The line nearest the front and across a lot establishing the
minimum open space to be provided between the front line of a building or
structure and the front lot line.
Building, nonconforming. A legally existing building which fails to comply with
the regulations set forth in this chapter applicable to the zone in which this
building is located.
Building, principal. A building in which is conducted the main or principal use of
the lot on which said building is situated. Where a substantial part of an accessory
building is attached to the principal building in a substantial manner as by a roof,
such accessory building will be counted as a part of the principal building.
Building, semidetached. A building having one party wall in common with an
adjacent building.
Business. The engaging in the purchase, sale, barter or exchange of goods, wares,
merchandise or service, the maintenance or operation of offices, or recreational
and amusement enterprises.
Campground. Any area or tract of land used to temporarily accommodate two or
more camping parties, including cabins, tents, house trailers, or other camping
outfits.
Carport. A structure consisting of a roof and either walls or columns for the
purpose of housing automotive vehicles and other chattels. Said structure shall be
considered a building.
Cemetery. Land used for the burial of the dead and dedicated for cemetery
purposes, including columbariums, crematories, mausoleums and mortuaries
when operated in conjunction with and within the boundary of such cemetery.
City. The City of Paducah, Kentucky.
Clinic or medical health center. An establishment where patients are admitted
for special study and treatment by two or more licensed physicians and/or dentists
and their professional associates, as distinguished from a professional office for
general consultation purposes.
Commission. The Paducah City Planning Commission.
Conditional use. A use which would not impair the public health, safety or
welfare in one or more zones, but which would impair the integrity and character
of the zone in which it is located or in adjoining zones unless restrictions on
location, size, extent and character of performance' are imposed in addition to -'
those imposed in the zoning regulations.
Conditional use permit. Legal authorization to undertake a conditional use issued
by the administrative official pursuant to authorization by the Board of
Adjustment consisting of two parts:
(1) A statement of the factual determination by the Board of Adjustment
which justifies the issuance of the permit.
(2) A statement of the specific conditions which must be met in order for
the use to be permitted.
Convalescent or nursing home. An establishment which provides full-time
convalescent or, chronic care, or both, for four or more individuals who are not
related by blood or marriage to the operator, and who, by reason of chronic illness
or infirmity, are unable to care for themselves. Neither care for the acutely ill nor
surgical or obstetrical services shall be provided in such a home. A hospital or
sanitorium shall not be construed to be included in this definition.
Corporation Counsel. The Corporation Counsel of the city or any assistant or
special corporation counsel of the city.
County. The County of McCracken, Kentucky.
Court. An open unoccupied space on the same lot with a building or group of
buildings and bounded on three or more sides by such building or buildings.
Court, inner. Any court other than an outer court. The width of an inner court is
its least horizontal dimension measured between opposite walls. The length of an
inner court is its greatest horizontal dimension measured at right angles to its
width.
Court, outer. A court which opens on any yard on the lot or which extends to any
street line of the lot. The width of any outer court is its least horizontal dimension
measured between opposite walls. The depth of any outer court is its greatest
horizontal dimension measured at right angles to its width.
Development plan. Written and graphic material for the provision of a
development plan, including any or all of the following: location and bulk of
buildings and other structures, intensity of use, density of development, streets,
ways, parking facilities, signs, drainage of surface water, access points, a plan for
screening or buffering, utilities, existing manmade and natural conditions, and all
other conditions agreed to by the applicant.
Dwelling. A building, or portion thereof, used primarily for residential
occupancy, including one -family and multiple dwellings, but not including hotels,
motels or bed and breakfast.
Dwelling, assisted care. A building, or portion thereof, and consisting of five or
more bedrooms, used for residential occupancy by a group. The dwelling is
characterized by renters 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(s) 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. A building, or portion thereof, used for occupancy by three or
more families living independently of each other.
Dwelling, one family. A building used for residential occupancy by one family.
Dwelling, two-family. A building, or portion thereof, used for occupancy by two
families living independently of each other,
Dwelling unit. A dwelling, or portion of a dwelling, used by one family for
cooking, living and sleeping purposes.
Educational institution. A preprimary, primary, or grammar, public, parochial or
private school; a high school, preparatory school or academy, public or founded
or owned or conducted by or under the sponsorship of a religious or charitable
organization, a private preparatory school or academy furnishing courses of
instruction substantially equivalent to the courses offered by public high schools
for preparation of admission to colleges or universities which award BA or BS
degrees; a junior college or university, public or founded or conducted by or
under the sponsorship of a religious or charitable organization; or a private school
when not conducted as a commercial enterprise for the profit of individual owners
or stockholders. This definition shall not be deemed to include trade or business
schools as defined in this section.
Effective date hereof. Date of the adoption of this chapter [October 26, 1976].
Enforcement officer. The Building Inspector of the city.
Family. One or more persons living as a single housekeeping unit, as
distinguished from a group occupying a hotel, club, fraternity or sorority house. A
family shall be deemed to include servants.
Fence. A manmade structure consisting of wood, metal, wire, mesh, masonry or
other manmade material.
Floor area ratio. The floor area of the building divided by the area of the lot.
Garage, private. A detached accessory building or portion of a main building,
used for the storage of self-propelled vehicles, where the capacity does not exceed
three vehicles per family housed in the building to which such garage is
accessory, and not more than one-third of the total number of vehicles stored in
such garage shall be commercial vehicles. Storage space for not more than three
vehicles may be rented for vehicles of other than occupants of the building to
which such garage is accessory.
Garage, public. Any building or premises, except those defined herein as a
private garage, used for the storage or care of motor vehicles, or where such
vehicles are equipped for operation, repaired or kept for remuneration, hire or
sale.
Groundfloor area. The square foot area of a residential building within its largest
outside dimensions computed on a horizontal plane at the ground floor level,
exclusive of open porches, breezeways, terraces, garages, exterior stairways and
secondary stairways.
Home occupation or profession. Any use conducted entirely within a dwelling
and carried on solely by the occupants thereof, which use is clearly incidental and
secondary to the use of the dwelling purposes and'does not change the character
thereof, and in connection with which there is no display, no stock in trade, or
outside storage of equipment nor commodity sold 'upon the premises and not more
than two persons are to engage in such occupation) In no event shall a barbershop,
beauty shop, tearoom, bed and breakfast or animal', hospital be construed to be a
home occupation.
Hospital. Includes sanitarium, preventorium and clinic, provided such institution
is operated by or treatment given under the direct supervision of a physician
licensed to practice by the State of Kentucky.
Hotel or motel. A building, or portion thereof, or group of buildings in which
lodging is provided and offered to the public for compensation and which is open
to transient guests, in contradistinction to a lodging house.
Industrial, heavy. Those industries whose processing of products result in the
emission of any atmospheric pollutant, light flashes or glare, odor, noise or
vibration which may be heard and/or felt off the premises, and those industries
which constitute a fire or explosion hazard.
Industry, light. Those industries whose processing of products results in none of
the conditions described for heavy industry.
.Iunkyard. Any place at which personal property is or may be salvaged for reuse,
resale or reduction or similar disposition and is owned, possessed, collected,
accumulated, dismantled or sorted, including, but not limited to, use of salvaged
base metal or metals, their compounds or combinations; or used or salvaged rope,
bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property
which are used, owned or possessed for the purpose of wrecking or salvaging
parts therefrom.
Kennel. Any lot or premises on which dogs or small animals are kept for
commercial or sale purposes. A noncommercial kennel at, in or adjoining a
private residence where hunting or other dogs are kept for the hobby of the
householder (i.e., hunting, tracking or exhibiting) or for guarding or protecting the
householder's property is permitted in residential zoning districts, provided that
such dogs or small animals do not constitute a nuisance to the neighborhood.
Loading and unloading berths. The off-street area required for the receipt of or
distribution by vehicles of material or merchandise, which in this chapter is held
to be a 12 -foot by 50 -foot loading space with a 14 -foot height clearance, paved
with a suitable dust preventative or hard surface.
Lodging house. A building with more than two but not more than tit five guest
rooms where lodging with or without meals is provided for compensation for a
period of time not to exceed six months for each west.
Lot. A piece, parcel, plot, tract or area of land occupied or capable of being
occupied by one principal building and the accessory buildings or uses
customarily incidental to it, and including the open spaces required under this
chapter, and having its principal frontage on a street. The word "lot" includes the
word "plot" or "parcel."
Lot, corner. A lot at a junction of and fronting on two or more intersecting
streets.
Lot coverage. The percentage of the lot area covered by the building area.
Lot ground level. For buildings having walls adjoining only one street, the
elevation at the:, front lot line at the center of the wall adjoining the street; for
buildings having walls adjoining more than one street, the average elevation of
the front lot line at the center of all walls adjoining the streets; for buildings
having no wall adjoining the street, the average level of the ground adjacent to the
exterior walls of the building. Any wall approximately parallel to and not more
than five feet from a street is to be considered as adjoining the street.
Lot, interior. A lot other than a corner or through lot.
Lot line, front. In the case of an interior lot, a line separating the lot from the
street or place, and, in the case of a corner lot, the line designated in deed or
subdivision requirements or, if no such requirements are provided, the line
designated by the property owner at the time he seeks a building permit on the
lot.
Lot line, rear. A lot line which is opposite and most distant from the front lot line
and, in the case of an irregular or triangular shaped lot, a line ten feet in length
within the lot, parallel to and at the maximum distance from the front lot line.
Lot line, side. Any lot boundary line not a front lot line or a rear lot line.
Lot, through. A lot having frontage on two parallel or approximately parallel
streets,
Lot width. The dimension of a lot, measured between side lot lines at the building
setback line.
Manufactured home. A single-family dwelling unit constructed in accordance
with the National Manufactured Housing Construction and Safety Standards Act
of 1974, as amended, and manufactured after June 15, 1976, which is designed to
be transported across streets and highways to a point of use, and is equipped with
the necessary service connections, and includes the plumbing, heating, air
conditioning and electrical systems contained therein, and made so as to be
readily movable as a unit or units. For the purpose of this chapter, the term
"manufactured home" is synonymous with "modular home."
Mobile home. Any vehicle, including the equipment sold as a part of a vehicle,
which is so constructed as to permit its being used as a conveyance upon public
streets or highways by either self-propelled or non -self-propelled means, which is
designed, constructed, or reconstructed, or added to by means of an enclosed
addition or room, in such a manner as will permit the occupancy thereof as a
dwelling or sleeping place for one or more persons, which is both used and
occupied as a dwelling or sleeping place, having no foundation other than wheels,
jacks, skirting or other temporary supports.
Mobile home park. An area of land upon which two or more mobile homes are
harbored for the purpose of being occupied either free of charge or for revenue
purposes, and shall include any building, structure, vehicle or enclosure used or
intended for use as a part of the equipment of such mobile home park.
Occupied. As applied to any land or building, shall be construed to include the
words "intended, arranged or designed to be used or occupied."
Parking area, public. An open area, other than a street or alley, designed for use
or used for the temporary parking of four or more motor vehicles when available
for public use, whether free or for compensation or as an accommodation for
clients or customers.
Parking space (off-street). An off-street space accessible from a street or alley
with a minimum width of ten feet. The minimum length of such space shall be
contingent upon the degree or angle of the space and the maneuverability area
required. As a guide to establishing a minimum length, the Commission shall
refer to Illustration No. 1 in the appendix immediately following this chapter.
Person. Includes a firm, association, organization; partnership, trust, company or
corporation as well as an individual.
Personal and convenience services. Businesses offering services such as
barbershops, beauty shops, laundromats, laundry and dry cleaning pickup and
delivery stations (but excluding actual laundry operations), and similar uses.
Place. An open, unoccupied officially designated space other than a street or
alley, permanently reserved for use as the principal means of access to abutting
property.
Planting screen or landscape screen. A completely planted visual barrier
composed of evergreen plants and trees arranged to form both a low-level and a
high-level screen. The high-level screen shall consist of evergreen trees or shrubs
planted with specimens having an initial height aboveground when planted of not
less than five feet and planted at intervals of not More than eight feet on center.
The low-level screen shall consist of evergreen shrubs having an initial height
aboveground when planted of not less than two feet and spaced at intervals of not
more than four feet on center. The low-level screen shall be planted in alternating
rows to produce a more effective barrier.
Professional office. Offices of members of recognized professions such as
physicians, surgeons, lawyers, engineers, dentists and architects.
Street. A right-of-way, other than an alley, dedicated or otherwise legally
established to the public use, usually affording the principal means of access to
abutting property.
Structure. Means anything constructed or made, the use of which requires
permanent location in or on the ground or attachment to something having a
permanent location in or on the ground including buildings and signs.
Structural alteration. Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any substantial
change in the exterior walls or the roof.
Tourist home. A building in which more than one but not more than five guest
rooms are used to provide or offer overnight accommodations for transient guests
for compensation.
Town house. A single-family dwelling constructed as part of a series of
dwellings, all of which are either attached to the adjacent building and/or
buildings by party walls or are located immediately adjacent thereto with no
visible separation between walls or roofs; all of which dwellings may be located
on individual and separate lots if individually owned, or upon a single lot if under
common ownership. Each town house unit shall be capable of separate ownership.
The construction of a town house structure across an existing lot line shall not be
deemed to abrogate that line.
Town house structure. A building consisting of two or more noncommunicating
attached one -family units placed side by side, having a common wall between
each adjacent dwelling unit. Side lot line requirements of a town house structure
shall apply only at the extreme ends of such structure.
Trade or business school. A secretarial school or college, or business school or
college, when not public and not owned or conducted by or under the sponsorship
of a religious or charitable organization, or a school conducted as a commercial
enterprise for teaching instrumental music, dancing, barbering or hairdressing, or
for teaching industrial skills in which machinery is employed as a means of
instruction. This definition shall not be deemed to include an educational
institution as defined in this section.
Use. The employment or occupation of a building, structure or land for a person's
service, benefit or enjoyment.
Use, nonconforming. An existing use of land or building which was legal prior to
the effective date hereof, but which fails to comply with the requirements set forth
in this chapter applicable to the zone in which such use is located.
Use, open. The use of a lot without a building or including a building incidental
to the open use with a ground floor area equal to five percent or less of the area of
the lot.
Used. As applied to any land or building, shall be construed to include the words
"intended, arranged or designed to be used or occupied."
Variance, dimensional. Departure from the terms of the zoning regulations
pertaining to height or width of structures and size of yard and open spaces where
such departure will not be contrary to the public interest, and where, owing to
conditions peculiar to the property because of its size, shape or topography, and
not as a result of the action of the applicant, the literal enforcement of
the zoning regulations would result in unnecessary and undue hardship.
Vision clearance on corner lot. A triangular space at the street corner of a corner
lot, free from any kind of obstruction to vision between the heights of two and
one-half and 12 feet above established grade, determined by a diagonal line
connecting two points measured 15 feet equidistant from the street right-of-way
corner along each property line.
Wall, retaining. A physical barrier necessary to prevent the erosion and/or
deterioration of an established elevation.
Yard. A space on the same lot with a principal building, open, unoccupied other
than by steps, walks, terraces, driveways, lampposts and similar structures, and
unobstructed by structures, except as otherwise provided in this chapter.
Yard, front. A yard extending across the full width of the lot, between two side
lot lines, the depth of which is the least distance between the street right-of-way
and the building line.
Yard, rear. A yard extending across the full width of the lot between the two side
lot lines and between the rear line and a parallel line tangent to the rear of the
principal building, the depth of which is the least distance between the rear lot
line and the parallel line.
Yard, side. A yard bounded by the rear yard, the front yard, the side lot line and
the principal building.
Zoning map or map. The zoning map of the city.
SECTION 2. That Section 126-105, High Density Residential Zone, R-4, of
Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
amended to read as follows:
"Section 126-105. High Density Residential Zone, R-4.
The purpose of this zone is to provide an area that will combine compatible
residential and business uses in such a manner that it will buffer low density residential property
from high density and commercial uses.
(1) Principal permitted uses.
a. Any use permitted in the R-3 zone;
b. Multi -family dwellings;
lac. Nursing homes;
ed. Professional office buildings (yard requirements for office buildings
shall be the same as the B-1 zone requirements);
de. Day-care nurseries;
e_f. Cemeteries;
Ig. Bed and Breakfast;
g_h. Any other use not listed which, in the Commission's opinion, would be
compatible with the above uses in the R-4 zone.
(2) Conditionally permitted uses.
a. List of uses.
1. Commercial greenhouses;
2. Funeral homes;
3. Home occupations;
4. Hotels or motels;
5. Beauty shops and barbershops;
6. Mobile home parks.
b. Board of Adjustment approval. The conditionally permitted uses listed
above shall be considered as business uses and shall meet the
requirements of the B-1 zone. All plans will be submitted to the
Planning Commission prior to Board approval and the Commission
shall require such conditions as are necessary to maintain the character
of this zone. The Board may grant dimensional variances to businesses
when lot requirements cannot be met.
(3) Single- and two-family dwellings. Single-family dwellings and two-family
dwellings shall comply with the requirements of the R-3 zone.
(4) Multi family dwellings and town houses.
a. Minimum yard requirements.
1. Front yard: 25 feet.
2. Side yard, each side: Six feet.
3. Rear yard: 25 feet.
b. Minimum area requirements.
1. Minimum lot area, per unit: 2,000 square feet.
2. Minimum lot width: 50 feet.
c. Maximum building height. None.
d. Public parking area. Same as section 126-104(5)e.
SECTION 3. That Section 126-115(b), Historical Zones, H-1 and H-2, of Chapter
126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to
read as follows:
"Section 126-115. Historical Zones, H-1 and H-2.
(a) Use provisions for Historical -Commercial Zone, H-1. The purpose of the H-
1 Historical -Commercial Zone is to encourage the development,
redevelopment and the preservation of the city's historical -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 Historical -Commercial Zone.
(2) Minimum yard requirements. None.
(3) Minimum area requirements. None.
(4) Minimum building height. None.
(5) Screening requirements. Same as section 126-72.
(6) Parking requirements. None.
(b) Use provisions for Historical 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 areas.
(1) Principal permitted uses.
a. Any principal use permitted in an R-4 zone except multi -family
dwellings;
b. Funeral homes;
c. Beauty shops and barbershops;
d. Florist shops;
e. Ledging heuses;
€e. Assembly building of cultural, fraternal, professional and labor
organizations;
g_f. Antique shops;
hg. Restaurants;
}h. Retail establishments, provided they are conducted wholly
within a building except for off-street loading and unloading,
and provided further that product processing is not allowed on
the premises;
T. - r—
-� .,
}i. Real estate agencies;
k . Insurance agencies;
1k. Dressmaker's establishment; and
ml. Any similar use which the HARC finds, based upon evidence
at a public hearing, that would not impair the historical
integrity of the historical neighborhood zone.
Q Conditionally Permitted Uses
a. Lodging houses.
(24 (3) Dimensional requirements.
a. Minimum lot area:
1. Single family dwellings: 4,000 square feet.
...
b. Minimum side yard: Six feet.
c. Minimum front yard: 25 feet.
d. Minimum rear yard: 25 feet.
e. Maximum building height is 35 feet or no higher than 2 feet
taller than the tallest principal building on either side of the
proposed new construction.
(3) 4) Screening requirements. Same as provided in section 126-72(1)e.
For the purposes of screening between the H-2 zone and all
adjoining zones, the H-2 zone shall be treated as residential property
under subsections (1)a and b of section 126-72.
(4) (5) Parking requirements. Same as provided in section 126-71,
provided that parking areas will be placed to the rear of 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 the
neighborhood zone.
(5) L6,) Waiver of lot requirements. The requirements of subsections 126-
64(b) and (c) may be waived by HARC, upon a finding based on
evidence at a public hearing that such waiver will not impair the
historical integrity of the neighborhood zone.
(6) Q Reserved.
(c) Standards for determining historical integrity. The criteria to be applied in
determining the existence of "historical integrity" as that phrase is 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) a. 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.
b. The proposed action is not addressed in the Standards of
Rehabilitation.
(4) a. 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.
b. 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 KRS 82.026, which shall be known as the Historical and
Architectural Review Commission (HARC), which 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 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 years, except the
terms of two members of the original Commission shall expire
within one year. An appointment to fill a casual vacancy shall be for
the unexpired portion of the term only.
(3) Vacancies shall be filled within 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 or two 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.
(f) Powers and duties of HARC.
(1) General powers and duties. The HARC is invested with the following
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.
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.
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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 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 district, landmarks and landmark sites.
1. 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.
in. The HARC shall advise and assist property owners and other
persons and groups concerned i with historic preservation and
shall undertake educational programs for the public on historic
preservation.
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 cityor 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 or when it is
mailed to the last known address of that person.
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 publication
in a newspaper of general circulation in the city not earlier than
21 days or later than seven days before the public hearing.
c. A historic district or landmark shall qualify for designation
when it meets one 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 .
f: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;
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 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 a
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 a historic
district or a landmark. The comprehensive plan and the zoning
map shall be amended before a designation of a 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 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
his property and shall arrange that the designation of a property n, as a landmark or as a part of a 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
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 recommendations regarding the —mom
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.
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 he has a legal or
equitable interest lying within a 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 words "change in exterior appearance," as used in this
subsection, shall apply to alterations or changes which are
ordinarily visible from any public roadway within a 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 as hereinbefore provided, an application
to the HARC therefor shall be made by the owner and filed in the
office of Planning and Zoning.
(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 be
ordinarily visible from any public roadway within the zone or
adjacent to the landmark site.
(i) Informal discussion regarding certificate of appropriateness.
(1) Upon the submission of an application for a certificate of
appropriateness, the same shall be placed upon the agenda for the
next meeting of the HARC for which the agenda has not, under the
rules of the HARC, been completed, and the applicant shall be
advised by the office of Planning and Zoning of the date, time and
place of that meeting.
(2) At that meeting an informal discussion of the application will be held,
and the members of the HARC may make suggestions for alterations
of the proposal to more nearly comply with the terms of this section.
Also, at the initial meeting, the HARC shall set a date, time and
place in the reasonably near future for a public meeting.
(j) 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 hearing before the city
Planning Commission. 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 month
and one week.
(2) Time limit; findings of fact.
a. The HARC shall make a decision on each application within 90
days after a completed application is filed; provided that the
HARC may vote to extend its time for decision by an
additional 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.
(k) Grounds for granting certificates of appropriateness.
(1) Additive changes. Certificates of appropriateness pertaining to the
moving of buildings into or within a 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 a 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 his land or a fair return of his
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 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 Board 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:
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 la public hearing.
2. Removal of non -historic fences.
3. Cutting or removal of trees that are more than one foot
in diameter measured at a height of one 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.
(1) 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 a historic zone or on a
landmark site. "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 a 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 his building in a historic district or his landmark is in
poor repair, and the HARC shall discuss with the owner ways
to improve the condition or his property. After this step, the
HARC may request the city Building Inspector to take action to
require correction of defects in any building designated under
this 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 city Building Inspector from enforcing all
state statutes and provisions of this Code and any other ordinances of
the city pertaining to the public safety.
(m) 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.
SECTION 4. That if any section, paragraph or provision of this ordinance shall
be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of
such section, paragraph or provision shall not affect any other section, paragraph or provision
hereof, it being the purpose and intent of this ordinance to make each and every section,
paragraph, an provision hereof separable from all other sections, paragraphs and provisions.
SECTION 5. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
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Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, December 9, 2008
Adopted by the Board of Commissioners, January 13, 2009
Recorded by Tammara S. Brock, City Clerk, January 13, 2009
Published by The Paducah Sun, January 19, 2009
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