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ORDINANCE NO. 76-10-1339
- ART~~LE I
PREAMBLE AND ENACTMENT
SECTION 10. PREAMBLE -
AN ORDINANCE OF THE CITY OF: i?ADUCAH," KENTUCKY, ESTABLISHING
COMPREHENSIVE ZONING.REGULATIONS AND :PROVIDING FOR-THE ADMINISTRATiON,
ENFORCEMENT AND 'AMENDMENTS THEREOF , IN ACCORDANCE WITH THE PROVISIONS
OF THE KENTUCKY REVISED STATUTES, CHAPTER 100, ENACTED BY THE
LEGISLATURE OF KENTUCKY, AND FOR THE REPEAL OF ALL LAWS IN CONFLICT
HEREWITH .
SECTION 11. ENACTMENT -
In pursuance of authority conferred by the Kentucky Revised Statutes,
Chapter 100, as amended, and for the purpose of promoting the health, safety,
morals, convenience, order, prosperity, or general welfare of the City of
Paducah, and in accordance with a comprehensive plan, designed to lessen
congestion in the streets; to secure safety from fire, "panic and-other dangers;
to provide for adequate light and 'air , to prevent. the overcrowding of land , to
avoid undue concentration of population; to facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and other public require-
ments, being made with reasonable consideration, among other things, of the
character of the district and its peculiar suitability for particular uses; and
with a view of promoting desirable living conditions and the sustained stability
of neighborhoods, protecting property against blight and depreciation, securing
economy in governmental expenditures , conserving the value of buildings and
encouraging the most appropriate use of land, buildings, and other structures
throughout; the City of Paducah does ordain and enact into law the following
articles and sections:
SECTION 12.~ TITLE - -
This Ordinance shall be known and may be cited as "The Paducah
Zoning Ordinance - 1976" .
ARTICLE II
- _ --DEF'INITION"OF ITER,MS ~- " ' -
SECTION 20 INTRODUCTION
Except as specifically defined herein, -all words"used in this Ordinance
have their customary dictionary definitions . For the purpose of this Ordinance
certain words or terms used herein are- defined as follows:
Words used in the present- tense include" the future tense . Words used in the
singular include the plural , and words used in the plural include the singular .
The word "shall" is always' mandatory . The word "person""'includes .a. firm ,
association, organization, partnership, trust, company, or corporation as well
as an individual`: " ' -
The word "lot" includes the word "plot" or "parcel" . The word "building"
includes the word "structure" . The word "used" or "occupied" as applied
to any land or building, shall be construed to include the words "intended,
arranged, or designed to be used or occupied": The word "map" or !'zoning
map" means the Zoning Map of the City of Paducah', Kentucky: -
20.01 Accessory Building and Use - A subordinate building
located on the -same lot with the principal building, or a subord-
inate 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
274
principal building in a substantial manner as by a roof, such
accessory building shall be counted 'as part of the principal build-
ing. Local public utility, communication, electric distribution
and secondary power lines , gas , water , and sewer lines , their
supports, and poles, guy-wires, small transformers, wire or
cables, and incidental equipment and public telephone booths are
considered accessory buildings or structures .
20.02 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.
20.021 Arterial Highway Strip Commercial -Commercial uses
which front on the designated U . S . highways in either the rrB_1rr
or the "HBD" zone classifications .
20.03 Alley - A permanent' public'- service way providing a
secondary means of access to abutting lands.
20..0-4 Automobile Service Station - An establishment with the
primary business function of the retail sale of gasoline for passen-
ger car use , and the minor service and repair work incidental to
the operation of passenger automobiles
20.05 Block Frontage - All the property fronting on one side of
a street between intersecting streets or between a street and aright-
of-way, and of a dead-end street or city boundary measured along
with the street line .
20.06 Board -The Paducah City Board of Adjustment, Paducah,
Kentucky .
20.07 Building -Any structure having enclosed space and a roof
for the housing or enclosure of persons, animals or chattels.
20.08 Building Detached - A° building having no party wall in
common or structural connection with another building .
20.09 Building, Front Line Of -The line of the face of the
building nearest the front lot line .
20.1U _BLtrid.~. HeightC~f --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 roaf, or to the mean height level between eaves and
ridges for gable and hip or gambrel roofs.-
20.11 Building, Nonconforming - A legally existing building
which fails to comply with the regulations set forth in this ord-
inance applicable to the zone in whichthis building is located .
20.12'Btfilding, 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.
20.13 Building, Semi-detached - A building having one party wall
in common with an adjacent building.
20.14 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..
275
20.15 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 iot line .
20.16 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 .
20.17 Camp Ground -Any area or tract of land used to temporarily
accommodate two or more camping parties , including cabins , tents ,
house trailers, or other camping outfits.
20.18 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.
20.19 Cemetery -Land used for the burial of the dead and dedicated
for cemetery purposes, including columbariums, crematories, mausol-
eums, and mortuaries when operated in conjunction with and within
the boundary of such cemetery .
20.20 City -The City of Paducah, Kentucky.
20.21 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 . _
20.22 Commission -The Paducah City Planning Commission .
20.23 Corporation Counsel -The Corporation Counsel of the City
of Paducah or any Assistant or Special Corporation Counsel of said
,.
City . '
20.24 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 im-
posed in the zoning regulation .
20.25 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:
(a) A statement of the factual determination by the BOA which
justifies the issuance of the permit.
Cb) A statement of the specific conditions which must be met in
order for the use to be permitted .
20.26 Convalescent or Nursing Home - An establishment which
provides full time convalescent or chronic care or both, for three
(3) 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 .
20.27 County -The County of McCracken, Paducah, Kentucky.
20.28 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 .
276
20.29 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 ength of an inner court is its greatest
horizontal dimension measured at right angles to its width. ,
20.30 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 .
20.31 Dwelling -Abuilding .or portion thereof, used.. primarily for
residential occupancy, including one-family, and multiple dwellings,
but not including hotels, motels, or tourist homes.
20.32 Dwelling -One-Family - a building used for residential
occupancy by one family .
20..33 Dwelling., Two-Family.,- Abuilding-.or,portion thereof used
for occupancy by two families living independently of each other .
20.34 Dwelling, Multiple -Abuilding or portion thereof used for
occupancy by three.. or more families. living .independently of each
other .
20.35. Dwelling, Unit - A dwelling or portion of a dwelling used by
one family for cooking, living., and sleeping purposes.
20.36 Educational Institution -Preprimary, primary, or grammar,
public, parochial or private school; high school, preparatory school
or academy, public.. or founded,.pr owned or conducted by or under
the sponsorship of a religious or charitable organization; private
preparatory school or academy furnishing courses of.instruction
substantially equivalent to the courses offered by public .high schools
for preparation of admission to college or universities which award
B .A . or B . S . degrees; junior college or university, public or founded
or,conducted by;.or under the sponsorship of -a religious or. charitable
organization; or private school when not conducted as a commercial
enterprise for the profit of individual owners or stockholders . This
definition shall not b_e deemed to include trade or business schools
as defined in. this Section. .
20.37 Effective Date Hereof -Date of the adoption of this Zoning
Ordinance .
2.0.3.8 Enforcement. Officer -The Building Inspector of the, City of
Paducah, Kentucky.
20.39 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 have. deemed to include servants .
20.40 Fence - A man-made structure consisting of wood, metal, wire
mesh.., .masonry or other ma.n-made materials .
.20.41 Floor Area Ratio -The.. floor area of the building divided by the
area of the lot . ~ .. . -. ,
20..42, -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 r-ented for vehicles of other than occupants of the building to
which such. garage is accessory .
277
20.43 Garage, Public -Any building or premises., except those de-
fined 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 renumeration, hire, or sale.
20.44 Ground Floor Area -The square foot area of a residential
building within its largest outside dimensions computed on a horiz-
ontal plane at the ground floor level, exclusive of open porches,
breezeways, terraces, garages, exterior stairways, and secondary
stairways .
20.45 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 dwell-
ing purposes and does not change the character thereof, and in
connection with which there is no display , no stock in trade , , or out-
side storage of equipment nor commodity sold upon the premises and
not.more than two (2) persons are to engage in such occupation. In
no event shall a barber shop , beauty shop , tea room , tourist home or
animal hospital be construed to be a home occupation .
20.46 Hospital -Includes sanitarium, preventorium, clinic,
provided such institution is operated by or treatment given under
direct supervision of a physician licensed to practice by the State
of Kentucky .
20.47. 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 contra-
distinction to a lodging house . _
20.48 Industry, 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 .
20.49 Industry, Light -Those industries whose processing of
products results in none of the conditions described for heavy
industry .
20.50 Junk Yard -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; used or salvaged
rope , bags , paper ,. rags,. ,glass , rubber , lumber , millwork , brick ,
and similar ro er, . which are used, owned or possessed for the
P ,P,t3' ..,.
purpose of wrecking or salvaging parts therefrom .
20.51 Kennel -Any lot or premises on which four (4) or more
dogs or small animals, at least four (4) months of age_are kept.
A non-commercial kennel at, in, or adjoining a private residence
where hunting or other dogs are kept for the hobby of the..house-
.holder (i.e. , hunting, tracking, or exhibition) or for guarding or
protecting the householder's property is permitted in residential
zoning districts .
20.52 Loading and Unloading Berths - The off-street required
for the receipt of or distribution by vehicles of material or merchan-
dise, which in this Ordinance is held to be a 12 foot.by 50 foot load-
ing space with a fourteen (14) foot height clearance, paved with a
suitable dust preventative or hard surface . . .
20.53 Lodging House - A building with more than two but not more
than ten (10) guest rooms where lodging with or without meals is
provided for compensation .
278
20.54 Lot -Apiece , 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 in-
cluding the open spaces required under this Ordinance, and having
its principal frontage on a street .
20.55. Lot, Corner - A lot at a junction of and fronting on two or
more intersecting streets .
2,0.56 Lot, Interior - A lot other than a corner or through lot.
20.57 Lot, Through - A lot having frontage on two parallel or
approximately parallel streets .
20, 58 Lot,,. Coverage - The percentage of the lot area covered by
the. building area. -
20.59 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 of -the:elevation of .the front lot line at
the center of all walls adjoining the streets; for buildings having
no wall, adjoining the street,, the average level of .the ground adjacent
to the _ exterior. walls of the building . Any wall approximately parallel
to and not more than five (5). feet from a street, is to be considered
as adjoining the street.
20.60 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, a line separating the narrowest street frontage of the lot
from the street -- except in cases where deed restrictions in effect
specify another line as the front line .
20.61 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 (10) feet in length within. the lot,
parallel to and at the maximum distance from the front lot line .
20.62 Lot Line, Side -Any lot boundary line not a front lot .line
or a rear lot line .
20.63 Lot Width -The dimension of a lot, measured between side
lot lines at the building setback line .
20.64 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.. ._
20..65 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 build-
ing, structure, vehicle or enclosure used or intended for use as a
part. of the equipment of such mobile home park.
20,.6.6 Parking Area, Public - An open area., other than a street or
alley designed for use or used for the temporary parking of four (4)
or more motor vehicles when available for public use, whether free
or for compensation or as an accommodation for clients or .customers .
279
20.67 Parking Space (Off Street) - An off-street space accessible
from a street or alley with a minimum width of ten (10) feet. The
minimum length, of such a space shall be contingent upon the degree
or angle, of the: space and the-maneuverability arearequired. As a
guide to establishing-a minimum length, the Commission shall refer
to illustration #l , located in the appendix hereunto attached .
20.68 .Personal and Convenience Services -Business.. offering services
~such,as:barber,. shops, beauty.. shops, laundermats, laundry and dry clean-
ing pick.-up-.and delivery stations,: (but excluding actual laundry
operations ). , and similar uses . -
- 2.0..69 .Place. - An open., unoccupied officially designated space other
than a street or alley, permanently reserved for use as the principal
mean., of a_e.ess to abutting pr.,~ erty,
20...•70 Planting Scree.. (Also Called A.Landscape Screen) - A com-
pletely planted visual. barrier composed of evergreen plants and
trees arranged to form both a low level and a high level screen . The
high level screen shall consist of evergreen trees or shrubs planted
with specimens having an initial height above ground when planted
of not less-.than five (5-)_ feet and planted at intervals of not more than
eight (8.) feet on center. The low level screen shall consist of ever-
green shrubs having an initial height above ground when planted of
not less than-two (2) feet and spaced at intervals of .not .more than
four (4) feet on center . The low-level screen shall be planted in
alternating rows .to produce amore effective barrier .
20.71 Professional Office -Office of members of recognized
professions. ouch as physicians, surgeons, lawyers, engineers,
dentists., and architects . -
20.72 Sign -Any board, device or structure or part thereof used for
advertising, ,display or publicity purposes.. Signs placed or~~erected
-by.governmental agencies for the. purposes of.showing street names
of .traffic-.directions or regulations .for other ,governmental purposes
shall .not be included .herein . --
20.73 Street -Aright-of-way, other than an alley, dedicated or other-
wise legally established to- the public use , usually affording the
principal means. of access. to abutting property . -
20.74 Structure -Anything constructed or er.,cted whi,.h requires
location on the ground .
20.75 Structural Alteration -Any change in the supporting
members of a building, such as bearing wails :or partitions, columns,
beams, or girders, or any substantial change in the exterior walls
-or .the roof.. . .
20.76 Tourist Home - A building in which more than one but not
more than five guest roams are: used to provide- or -offer overnight
accommodations for transient: guests for compensation .
20.77 Trade or Business School. - .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; school conducted as commercial enterprise for teach-
ing 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
educational institution as defined in this article.
20.78 Use -The employment.or;occupation of abulding, structure,
or land for a person's service , benefit,.. or.:enj~oyment .
20.79 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 ordinance applicable
to the zone in which such use is located .
280
20.`80 Use, Open -The use of'a lot without a building or' including
a building incidenta~ to the open use with a ground floor area equal
"to five (5) percent or less of the area of the lot.
20.81 Variance, Dimensional -Departure from the terms of the zon-
ing 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 its
zoning regulations would result in unnecessary and undue hardship .
20.82 Vision Clearance on Corner Lots - A triangular space at
the street corner of a corner lot, free from any kind of obstruction
to vision between the heights of 2 Z and 12 feet above established
grade , determined by a diagonal line connecting two points meas-
ured 15 feet equidistant from the street right-of-way corner along
each property line .
20.83 Wall; 'Retaining - A physical barrier necessary to prevent
the erosion and/or deterioration of an established elevation .
20:84 Yard - A space on the same lot with a principal building,
open, unoccupied other than by steps, walks, terraces, driveways,
lamp posts and similar structures, and unobstructed by structures,
except as otherwise provided in this ordinance .
20.85 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 .
20.86 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 and the
depth of which is the least distance between the rear lot line and
the parallel line .
20.87 Yard, Side - A yard bounded by the rear yard, the front
yard, the side lot line and the principal building.
ARTICLE III
ESTABLISHMENT OF ZONES
SECTION 30. ZONE CLASSIFICATION
For the purpose of this Ordinance, the City of Paducah, Kentucky, is divided
into zones classified as follows:
R-1 Low Density Residential Zone
R-2 Low and Medium Density Residential Zone
R-3 Medium Density Residential Zone
R-4 High Density Residential Zone
A-1 Civic Center Zone
B-1 Convenience and Service Zone
B-2 Downtown Business Zone
B-3 General Business Zone
H-1 Historical Zone
HBD Highway Business District Zone
M-1 Light Industry Zone
M-2 Heavy Industry Zone
C-1 Conservancy Zone
281
The boundaries of the above zones are hereby established as shown on a map
entitled, "done Map of Paducah, Kentucky" , which has been recommended
and certified by the' Paducah Planning Commission and the Paducah City Com-
missioners with the signature of the Mayor and Chairman affixed thereto, and
is hereby made a part of this Ordinance .
SECTION' 31. ZONING"OF ANNEXED LAND
Upon annexation'of new areas by the City of Paducah, such areas shall be
placed in an R-1` Zone classification . Within sixty' (60) days, following the
final acceptance of the annexed area by the City of Paducah, the Planning
Commission shall establish and advertise, as required by law, a public
hearing to zone the land in question .
SECTION 32. INTERPRETATION OF ZONE BOUNDARIES
Where uncertainty exists with respect to any of the boundaries of_the zones
as shown `on the zone map , the following rules shall apply:
32.01 -Where zone boundaries are indicated as approximately
following the center lines of streets or highways or railroad
'right-of-ways or such lines extended, such lines shall be con-
strued to be the zone boundary line . `
32:02 -Where zone boundaries are indicated as approximately
following the corporate limit line of the City, `such corporate limit
line shall be construed to be such boundaries . This provision
also applies to river andJor stream beds and property lines.
ARTICLE IV
GENERAL REGULATIONS
SECTION 40. PROVISIONS APPLICABLE TO ALL DISTRICTS
Except as herein specified, the following provisions shall be applied
within all zoning districts .
40.01 Access Control - No point of access shall be allowed within
twenty-five (25) feet of the intersection of the right-of-way of right
angle streets . No curbs or right-of-way shall be cut or altered with-
out acquiring a permit from the office 'of the City Engineer .
40.02 Continuance and Discontinuanc`e'af Nonconforming Uses -
.. t _,,.
The lawful use of a building or `land existing at the time of'the .
adoption of this Ordinance and amended hereto, may be continued,
although such use does not conform to the provisions of this_
Ordinance , except as otherwise provided h'erei'n':
40'.'021 Nonconforming Uses - A nonconforming use or structure
existing at the time of`the adoption of this Ordinance, 'and-which was
conforming af'the time of its'erectiori, may be` continued in"use, and
may be expanded provided sueh~addition or enlargement can be made
without further violation of yard or height regulations existing at the
time of such enlargement:
With the formal authorisation of the Board of Adjustment granted
after a public hearing duly advertised and after their determination
that the properties in the general vicinity will not be affected, an
existing nonconforming use may be changed to a new nonconforming
use in the 'same or morerestrictive zone classification .
40.022 Nonconforming Uses of Buildings or Structures - A
nonconforming use of a building or structure maybe maintained, repaired,
or altered but such may be enlarged or moved on the lot only if every
portion so enlarged or moved shall be made to conform to all the
regulations to the zone in which the building or structure is located .
282
A nonconforming..building .or structure that .is, damaged or destroyed
by, any.. cause. to: the extent, of ,more-ahan 7,5 o-of-its value or.. area
shall:not be -repaired .or rebuilt except .in conformance with. the pro-
Visions.of this Ordinance, . _
40.03 Lot Size and Occupancy -- No lot, even though it may consist
of one or more adjacent lots in the same ownership at the time of pas-
sage of this, Ordinance ., shall b-e reduced in .size so that -lot width
or.size of yards or_ lot area per family or any other requirement of
this Ordinance is not maintained.. -This Section; shall not apply when
a portion of a lot is acquired for .a public purpose .
40.04 One Principal Building on a Lot -Only one principal building
and its customary accessory buildings may hereafter be erected,on
any one lot .
40.05 Public Street Frontage.-.Unless otherwise provided in this
Ordinance , no building shall be erected on a lot which does not abut
for at least twenty-five (25).,feet on a public street.
.40.06 Existing Lots - At-the.time of the enactment of this Ordinance,
if an owner of a plot of land.-consisting of one or more adjacent lots
does not own sufficient continuous land to enable him to conform to
_ the minimum lot size requirements provided. herein, such plot of
land may .nevertheless be used as a building site. The dimensional
requirements of. .the district in which the-piece of land is located may
be .reduced by. the-smallest-amount that will permit a structure of
acceptable size to be built upon the lot .
40.07 Setback Lines, Exceptions -Front yard setback lines may
be varied where the average depth of principal buildings on adjoin-
ing properties is less than the depth prescribed elsewhere in this
Ordinance . .In such case, the, front yard in question shall not be
less than the average depth of existing front yards on the two (2)
lots immediately adjoining. .
40.08 Reserved
40.09 Subdivision Coordination Required - In all cases where
the ownership of land is divided for the purpose of eventual dev-
elopment.of lots,,. he-provsions,.of The Paducah.Subdivision
Regulations shall apply (if.adopted) in addition to the provisions
of this. Ordinance . -
40.10 Traffic Visibility Across Corner Lots -There shall be
provided a triangular space at the street corner of a corner lot,
free. from .any kind. of obstruction. to vision .between the .heights
of,22 .and.12-fee.t above established grade, determined by a
..diagonal. line,. connecting two points measured.-,15 feet equids-
tant from the street right-of-way corner along each property line .
40.101 -The provisions of this Section do •not apply to the
Central Business District (*) , nor shall the requirements of this
Sectiorx, be deemed to prohibit any necessary retaining wall .
40.102 -The Board of Adjustment may--either reduce or increase
the requirements of this Section for the interest of safety where
unusual or special, conditions .warrant consideration .
40.11 Height Limitation Exceptions -The height limitations of
this-,Ordinance shall. not .apply to church spines., belfries; cupolas,
and. domes not intended for human occupancy;. monuments,, water
.towers, transmission towers.., smokestacks,.chimneys, derricks,
and aerials. - .
283
40.12 Reduction of Lot Area for Open Space -The residential
lot size and area can be reduced to provide a common open space equal
to the total reduction of the lot area , thus maintaining the required
density . The purpose of this provision, is to allow for variety in sub-
division design, reduce costs associated with, streets and utilities con-
struction, reduce grading, sodding, and maintenance costs of open
space in the City's neighborhoods . When this option in the subdivision
of 'land is taken, the lot area and yards shall not be reduced such that
the .total side yard is less than that required in the zone, in which the
project is'located.
40.13 Conditional Use Regulations -Conditional uses are allowed
only by specific approval of the Board of Adjustment and only in the
zone in which-they are listed. However, the following uses are per-
mitted in all zones; . _
a) Public utility installations
b) Government buildings and uses
c) Churches ,.public and parochial schools , provided
all churches comply with the yard requirements in
the zone in which it is to be located .
40.131 Application and Review Procedure
(a) Upon receipt of an application for a Conditional Use, the
Board shall send a copy thereof to the Commission for their
information and review as to the effect of the Conditional Use
upon the master plan, and the Commission may present its
recommendations thereon to 'the Board . The Board shall then
proceed with a hearing on the application in the manner
prescribed in Section 40.131. Following the hearing, and
upon an affirmative finding by `the Board that:
(1) The proposed Conditional Use is to be located in a Zone
wherein such use may_ be permitted , and
(2) The Conditional Use is consistent..with.the spirit, purpose
and intent of this ordinance, will not substantially and
permanently injure the appropriate use of neighboring
_ property, and will. serve the pu151ic ,convenience and
welfare , the Board shall grant the Conditional Use .
(*) "Central Business District" refers to and is the same, as the area designated
as the B-2 Downtown Business Zone . ,
(b) The Board of Adjustment may approve or deny any application
for a conditional use permit. If it approves the issuance of a
conditional use permit, it may attach conditions to the approval
such as time limitations , requirements that one or more things
be done before construction can be initiated, or conditions of
a continuing nature . Any such condition shall be recorded in
the Board's minutes and on the conditional use permit, along
with a reference to the specific section of the Zoning Ordinance
listing the conditional use under consideration
(c) The Board of Adjustment shall have the power to revoke con-
ditional use permits for noncompliance with the conditions there-
.. of. Furthermore, the Board shall have the right of. action to
compel offending structures or uses removed at the cost, of the
violator and may have judgment i~ personam for such cost.
(d) The conditional use permits approved by the Board of Adjustment
shall be recorded at the. expense of the applicant in the office of
the County Court Clerk.
(e) Approval of a conditional use permit does not exempt the applicant
from complying with all the requirements of building, housing,
and other codes and regulations of the City .
(f) In any case in which a conditional use permit has not been exercised
284
within one (1) year from its date of issuance, such conditional use
,- may revert to its original zoning designation following a public
hearing held by the Board of Adjustment in accordance with Ken-
Lucky. Revised Statutes , Chapter 424, thereof . "Exercises" as set
- forth in this paragraph shall. mean that, binding contracts for the
construction of the main building or. other improvements have been
let or_, in the absence of contracts, that the principal building or
,other improvements is under construction to a substantial degree,
or that prerequisite conditions involving substantial investment
is under contract, in development, or completed. When construction
is not a part of the use , "exercised" shall mean that the use is
operating in compliance with the conditions as designated in the
permit .
(g) The Enforcement Officer shall review all .conditional use permits,
except those for which all conditions have been permanently
satisfied, at least once -each year , ,The Enforcement Officer shall
have the power to inspect the land or. structure where the special
use is located in order to-determine if the land owner is complying
with all of the conditions which are listed on the conditional use
permit .
(h) If the landowner is. not complying with all of the conditions listed
on the conditional use permit, the Enforcement Officer shall re-
port: this fact in writing to the .Chairman of the Board of Adjustment.
The report of the Enforcement, Officer-shall state specifically the
manner in which the landowner or occupant is not complying with
the conditions. on the conditional use permit. A copy of this report
shall be furnished to the landowner at the same time (as nearly as
is possible) it is furnished to the Chairman of the Board. The Board
shall- hold a hearing on the-report within a reasonable time, and
notice of the time and. place of the hearing shall be furnished to the
landowner and/or occupant at least one week prior to the hearing.
(i) If.the Board of Adjustment finds that the facts alleged in the report
of `the Enforcement Officer are true , and that the landowner and/or
occupant has taken no action to.. comply with the conditions (as
originally placed on the permit) between the date of the report and
. the date, of the_ hearing, the $oard may authorize the administrative
official to ,revoke the conditional use permit and take the necessary
- legal.- action to cause the termination of the activity on the land which
the conditional use permit authorizes .
(j) Once the Board of Adjustment has completed a conditional use per-
mit and all the conditions required are of such type that they can
be completely and permanently satisfied, the administrative official,
upon request by the applicant may,. if the facts warrant, make a
determination that the conditions have been satisfied and enter the
facts which indicate that the conditions have been satisfied and the
conclusions. in the .margin of the. copy of the conditional use permit,
which. is on file with the County Court Clerk . Thereafter the use
in question, if it continues to meet the other requirements of this
Ordinance, will be considered a permitted use.
40.14 Mobile Home Parks or Trailer Parks -Mobile home parks
or.trailer parks shall be conditional use only in the R-3 and.R-4
Residential .Zones and ;shall comply with the following requirements:
40.141 Minimum Area Requirements - No mobile home park shall
be permitted on an area of less than five acres. However, the developer
may develop the park in stages as long as he complies with an overall
plan .
40.142 Lot Requirements -Individual lots within a mobile home park
shall not be less than 4, 000 square feet in area with only one mobile
home per lot . Minimum lot width shall be forty (40) feet .
285
40.143 Set-Back - No mobile home or structure shall be located closer
to any street than the_ minimum front yard .setback provision of the zone
in which it is located . No mobile home shall be located. closer than
fifteen (15) .feet. to any building within the park. or to any property line
of the park . .
40,.144.Spacing - No .mobile home shall be .located within twenty (20)
feet~of another mobile home except that. a minimum end-to-end clearance
of not less than fifteen (15) feet shall: be permitted . _
40..145 Screening - T-he entire perimeter of the mobile home park or
trailer park , except for designated., entrance. and .exit ways. shall be pro-
vided with a landscape screen . The landscape screen shall be as pro-
. yided in Section. 20..675 with a planting width of at least five (5) feet.
They planting screen shall, be .set back. at least fifteen (15) feet from any
property line which abuts. a public thoroughfare or street . Where
screening.. is required, building set-back lines .shall be computed from
the interior edge of the screen. In the case of a planting screen the
interior. edge.of the screen is defined as a line located two (2) feet on
center toward the interior from. the most interiorly located plant member
of. the planting screen .
40.146. Str-eets - .All .mobile home spaces .shall .abut upon a street
of not less than thirty. (30) feet in width. All streets shall have a
pavement width of not, less than twenty (20) feet, and access to a
public street . All streets within a mobile home park shall be hard
surfaced and well-lighted. _ _ .. _
4U. 147 Utilities -All lots within the .mobile home park shall be
provided with all required facilities to include.,. as a :minimum, water,
sewer, and electrical facilities meeting standards specified by city
and state regulations,.. Each mobile home shall,be properly: connected
with. said utilities . 7 r . _ _ _ _. _. . , ,_ _ _ : , ;
40.148 Accessory Structures -.No..accessory. buildings or. struct-
ures, including patios and pads, shall be located within five (5) feet
of any individual, lot (mobile home space) ,line, .or closer than ten (10)
feet to any_ property line of_ the park..: , , . ,. •
40.149 Procedure -Because mobile home parks are permitted only
as Conditional Uses,_ the prospective developer(s), before attempt-
ing to obtain a building permit or beginning any construction , shall
prepare a plan showing the bearings and lot dimensions of the parcel
he-intends.to develop:. the location with-respect. to the City, the
.general layout. or design he: intends to follow , and improvements he
intends to install on the land . He shall then present the proposal to
the Planning Commission .
Before approving the intended development plan, the Planning Commission
may make suggestions to,the developer in•.order to insure proper design
standards to minimize traffic difficulties., to safeguard adjoining pro-
perties , to insure that the residential characteristics of the neighborhood
are preserved and that the public health, .safety, and welfare is protected.
Upon approval by the. Planning Commission the developer shall follow
the procedure set forth in Section 40.13.
40.1495 Storage of Trailers. or Boats. -Trailers used exclusively
for the purpose of traveling or camping and which do not exceed
dimensions of .eight,. (~8)..feet by_twenty-four (24) feet, as well as boats
-which do not exceed these_dimensions_,~ may be stored in the rear yard
of any lot provided yard ,requirements are maintained and that the
trailer is not used as a dwelling .
40.15 Planned Unit Development - The purpose of this Section is
to establish a more flexible procedure for the approval, by the Com-
mission, of development plans fore large tracts of land and to encourage
286
proper design by providing for the submission of such development
plans by prospective developers .
Tracts of land, as herein described., to be used. for residential,
commercial, or industrial zone purposes, or certain combinations
thereof, may be developed as a unit according to the following pro-
visions:
40.151 Land Deemed One Lot -Any parcel of land including any
interior street (or streets) which is designed as and used fora plan-
ned unit development may be deemed to be one lot .
40.152 Area Requirements - In order that a tract be considered a
planned unit development it must contain at least:
(a) Two (2) acres if used for residential purposes only, in an
R-3 Zone, three (3) acres if used for a combination of
residential and business uses, or business uses exclusi-
vely, in an R-3 Zone , or in a less restrictive zone .
(b) Six (6) acres if used for residential purposes in an R-2
or R-1 Zone, eight (8) acres if used for a combination
of residential and business uses in an R-2 or R-1 Zone .
(c) Fifteen (15) acres if used for industrial purposes in an
industrial zone, twenty (20) acres if used fora combina-
tion of uses within an industrial zone .
40.153 Application of Provisions - In any planned unit development
although it is permissible to depart from literal conformance with the
individual lot dimension and area provisions, there shall be no decrease
in the total equivalent lot area, .,parking area, and loading-unloading
area provisions that would be necessary for the equivalent amount of
individual lot development. The Planning C~riimission may allow re-
ductions in these provisions, however, upon proof by the developer that
efficiencies of large-scale development may permit such, reductions
without destroying the intent of this Ordinance .
40.154 Application and Preliminary Plans - An application for
the establishment of a Planned Unit Development shall be filed with
the Planning and Zoning Administrator ten (10) days prior to the
meeting at which it is to be acted on and shall be accompanied by
twelve (12) copies of a preliminary development plan containing
the following information:
a) The proposed name and location of the PUD , names and
addresses of all adjacent property owners and owners
of the proposed PUD:
b) Vicinity map;
c) A complete and accurate legal description of the proposed
PUD property;
d) A tabulation of the total acreage of the site designated
for various uses, i.e. ,,parking, all structures,
residential or commercial, streets, parks or playgrounds;
e) Location of all structures in the PUD and proposed build-
ing densities (units per acre);
f) Preliminary subdivision plat, if site is being divided,
showing layout, of all lots which, shall comply with the
Subdivision Regulations;
g) Proposed circulation pattern including private and
public streets;
h) Parking layout with two spaces per dwelling unit.
287
In addition to the standards for development as outlined in Section 40.153
above , the Commission shall also require:
a) All access points to the same arterial streets to be
located no more frequently than 330 feet
40.155 Procedure -
(a)
Upon receipt of an application "and site plan of the proposed
development,° the- Planning Commission shall hold a public
hearing as set out in KRS 100. The Planning Commission
may approve,- in concept, -the preliminary-development plans
and shall have the authority to attach conditions to said plans
to insure that there is no departure from the intent of the
ordinance. - "
Failure to submit a final development p an for Planning
Commission approval within one. {1)- year of approval of
preliminary plans shall terminate all proceedings and
render the preliminary plans null and void.
(b)
(c )
(d)
Twelve (12) copies of the final development plans shall
be submitted to the Planning and Zoning Administrator
for submission to the Planning Commission:, and shall
include the following:
- (1) All those requirements designated for submission
with the preliminary plans;
(2) Detailed landscaping plans,'- including and designating
type of buffer or -landscape screens placed between
abrupt changes of land-uses;
(3) ~ -Detailed- engineering' plans or final subdivision plat
showing site grading, street improvements, drainage
and public utility locations;
(4) Other conditions. as applicable ,to the Planned Unit
Development; -
(5) Upon approval of all the above :by the Planning Com-
- mission, building-permits may be issued by the build-
ing inspector provided all conditions have been met.
(6) Covenants-, -and -any other agr-eements concerning con-
- struetion; =operation ~a:nd administration ~of the area such
as green areas, housing corporations, etc.
(7) Construction shall be initiated within one (1) year from
the date of finale approval by the Planni-ng Commission
of the PUD". The•Planning Commission may, however,
grant an extension to the applica"nt provided that: (a)
a •formal"written request for the extension is presented
- to the Planning Commission at least-ninety (90) days
prior to the deadline, (b)~~the written request explains
the reasons that construction was not initiated within
the time alloted . The Planning Commission shall review
the •orginal application'and final development plans and
shall inform-tlie requestor -of its decision within thirty-
one (31)-days-from the receipt of the request.
If the PUD is developed in stages , the total area will be
reviewed at the- public-hearing and each successive stage
shall be approved according to (b) as it is submitted .
The site of the approved PUD shall be marked on the
official zone map of the~City of "Paducah.
288
40.16 Parking Requirements -The following provisions shall be used
to govern all parking areas .
40.161 Plarining~Corrimission Control Over Off-Street Parking Areas
- All lots or portions of lots developed for vehicular parking of the public
which contain at least four (4) parking spaces shall be presented, before
development, to the Planning and Zoning Administrator and City Engineer
for approval of the proposed design .
40.162 Parking Design Requirements of this Ordinance Are:
Each space shall be designed in accordance with specifications listed in
this section and in lllustration 1. Each -space shall have access to a public
street. All lots or portions of lots developed for vehicular parking of the
public which contain at least four (4) parking spaces shall be surfaced
and maintained with a durable and dustless -surface consisting of asphalt,
or other all weather surface ; andshall `be-so graded and drained so as to
dispose of all surface wafer : _ A continuous barricade of a height suf-
ficient to retain all cars completely within the property shall be provided
on parking lots except at exit and entrance driveways. Screening, as
approved by the'Planning Commission, shall be provided on each side of
a parking lot which abuts upon a street"or property or properties in an
R-Zone . Such screen may also serve as the barricade mentioned above .
40.163 Entrances and Exits -One-way exits in parking lots shall be
at least fifteen (15) feet wide'. Two=way entrances and exits in parking
lots shall be at least twenty=four (24) -feet wide for minor streets and
thirty (30) feet wide for arterial or collector streets . Single Curb cuts
of more' than fifty (50) feet shall not be allowed except as specifically
granted in writing by the"City Engineer upon a review of a formal writ-
ten request accompanied by appropriate schematics . Design of resi-
dential parking areas shall not permit backing into arterial streets
or streets designated as federal or state highways . Design of public
parking areas shall not permit backing into public streets .
40.164 Location on Other Property - If the required automobile
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 provided such property lies within four
hundred °(400) feet of 'the main entrance to such principal use . Such
automobile parking space 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 pro-
perty,'a written agreement signed by the owners of the properties in
question `must accompany theparking layout .
40.165 Collective Parking Facilities -For any church there shall
be allowed the use-of joint parking facilities in connection with any
building~or use not normally open, used or operated during the princi-
pal operating hours of a church, provided a properly drawn legal
instrument is executed by theparties concerned for the joint use of such
off-street parking facilities, and which instrument, duly approved as to
form by the Corporation Counsel shall be filed with the application for
a building permit .
40.166 Space Requirements By Use -'The following list enumerates
the number of parking spaces required for various uses; if a particular
use is not listed, the Planning and-Zoning Administrator shall determine
the number of spaces required by~comparing the nature of the particular
use of one that is listed:
(a) Auditorium, Gymnasium; Church; Stadium, or Other Similar
Place of Assembly - -One (1) space for each six (6) seats at
maximum capacity .
(b) Automobile Service Stations =One (1) space for each attendant
plus two (2) spaces for each grease rack, repair stall, or
similar facility .
(c) Automobile and Similar Repair Garages -One (1) space for
each regular employee on a single shift plus one space for
each 250 square feet of building area used for repair work .
289
(d) Automobile Washing Establishment -Ten (10) spaces for each
tunnel and one' (1) space' for each` employee . The driveway on
the property used for approaching tunnel may be considered
parking area for tunnel vehicles . Self-service automobile
washing establisfiments shall require five (5) spaces per tunnel.
(e) ~ Hospitals and Nursing Homes and ~SimiIar Uses -One (1) space
for each three (3) beds plus one space for each three (3)
employees including staff doctors .
(f) Hotels and Motels = One '(1) space for each guest bedroom plus
one (1) space for each three (3) employees.
(g) Industrial- One' (lj'~space for each two (2) employees at
maximum employment on a single shift plus one (1) space
_ - _
for each company vehicleoperating from the premises:
(h) Libraries and Museums -One space for each 300 square feet
of floor -space .
(i) Lodges and Clubs -One (1) space for each 120 square feet of
gross floor area enclosed in a building(s) .
(j) Lot`s for Automobiles, Trailers and Related Sales, Rental or
Service -One (1) space 'for each 150 square feet of gross
plot plan area .
(k) Nurseries (Day Care) -One (1) space for' each two (2)
employees plus one (j for each five- (5) children.
(1) Transportatiori'Terminal's, Stations, and Similar Uses -One (1)
' space for every 'two (2) employees on any one work shift, plus
one (1) space for four (4) seats provided for the public.
(m) Offices -One (1) space for each 400 square feet of gross
floor area exciuding~`medical offices. For medical offices,
there shall be one space for each 200' square feet of gross
floor area .
(n) Personal and Convenience Service~Establishments -One (1)
space for each 150 square feet of floor area . In no case ,
however, shall such useprovide less than four (4j parking
spaces .
(o) Places of Amusement or Recreation -One (1) space for
each 100 square feet of floor space in the building.
(p) Residential -Two' (2) spaces for each dwelling unit.
(q) Restaurants -One (1) space for each 125 square feet of gross
floor area plus one (1) space for each three (3) employees.
(r) Retail Business -One (1) space for each 150 square feet
of gross floor area . In no case shall such use provide less
thanfour (4) parking spaces
(s) Rooming and Board Houses -One <lj space for each two (2)
bedrooms .
(t) Schools -Elementary' scYool`s in~which``highest'level grade
is 6: One (1) space for each eight (8) students .
Junior High schools in which the highest level is 9: One (1)
space for each six (6) students .
High Schools and Colleges -One (1)~space for each four (4)
students .
(u) Theatres (Movie) -One space for each three (3) seats.
(v) Trailer Parks -Two (2) spaces for each trailer space.
290
(w) - .Wholesale Business, Transport and Warehousing -One (1)
• space for each two (2) employees, plus-one (1) space for
each vehicle. operating from the premises .
(x) - Mixed Uses - In .the .case-,of any use not .listed herein, the
number of parking spaces required for such use shall be the
same as for asimilar-use which is listed. In the case of
mixed. uses in the same building or .structure, the total re-
quirements of off-street parking facilities shall be the sum
of the requirements of the various uses computed separately
from the items set out in this Section, and off-street parking
facilities for one. •use shall not be considered as providing
required parking facilities for another use except as herein-
after specified for collective use .
(y) Variance -When. it can be. clearly shown that an intended use
shall require less parking area than that specified in these
requirements because of significant variation in operation or
activity, the Planning Commission may grant a reduction in
the parking requirement .
40.17 Screening Requirements -The necessity of screening and the
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 screen-
ing necessary. -
40.-171 Required Areas -Screening shall be required and adequately
maintained in the fol-lowing situations:; • -
(a) Where a business zone abuts-a residential zone, a screen will
be required along the boundary ~of the business property ad-
j acent to the residential . , ~ -
(b) Where an industrial. zone abuts a residential zone,, a screen
will be required along the boundary of the industrial property
adjacent to, the residential. .
(c) Off-street parking lots shall be screened when located adjacent
to or in a, residential zone : -
(d) Mobile home parks shall provide a screen along their property
lines as required by Section 40.145.
(e) Fences .in a -residential-zone for the purpose of providing privacy
• to the-resident shall follow the following height limitations:
(1) Front Yard -~ 4 feet
(2) Side Yard 6 feet
(3) Rear Yard 8 feet
40.172 Procedure - The procedure to determine screening height,
type and width is as follows:, -
(a) The developer -shall submit his plat to the Planning and
Zoning Administrator and City Engineer and shall show
the type of screening to be located along the boundary of
his property .
40.18 Home Occupations -Home occupations are conditionally per-
mitted uses. and •sha11 be-.app-roved-in, compliance with the following
regulations: - - -
40.181 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) Antique Shop
291
(g) Teacher (with musical instruction limited to one pupil at a time)
(h) Realtor
(i) Insurance Agent
(j) Dressmaker
(k) Other similar uses except a barber shop , beauty shop , tea
room, tourist home or animal hospital. (See definition of
home occupation) .
40.18`2 Use Provciions -The following restrictions shall be placed on
the above 'home occupations:
(a) Must be conducted exclusively by the resident and no more
than one employee .
.. ~,
(b) Not more than one fourth (4) of one floor of the residence
shall be used. ~ '
(c) Alterations and constructions shall be allowed provided that
the exteranl character and appearance of the building
remains unchanged and the requirements of this ordinance
are met
(d) ~'' An indirectly lighted sign of not over one (1) square foot
shall be permitted and shah be attached flat against the
dwelling'..,
40.183 Board of Adjustment -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
40.19 Planned High-Rise Apartment Development -The purpose
of this section is to establish a procedure for the development of
high-rise apartments, which is otherwise prohibited by the area and
density requirements of the respective zoning districts .
40.191 Definition - A high-rise apartment shall be any residential
structure that is four (4) stories or more in height and contains a
minimum of sixteen (16) individual dwelling- units .
40. x.92 Requirements - It is the intent of this section to handle each
development of this nature as a separate entity and to provide, through
Commission approval, a flexibility in the design of each.
(a) Yard Requirements
Front Yard 5U feet
Side Yard 25 feet
Rear Yard 50 feet
(b) Area Requirements
Lot Area Required - 2.5 acres minimum
(c) Maximum Building Height
There shall be no maximum height provided all minimum
yard requirements are increased three (3) feet for each
story above four (4) sfor'ies or sixty <60) feet.
(d) Floor Area to Lot Area Ratio:
There shall be no less than four (4) square feet of overall
lot area for each square foot of floor area.
292
(e) Minimum Parking Requirements
Parking requirements shall be set according to the
intended: use of the:-high-rise. development and an
acceptable ratio established for each separate develop-
ment, i.e. , elderly units.-... one (1) space for each
three (3) units . The Planning Commission shall
determine .what is deemed .to be an acceptable ratio .
40.192 Procedure
{a)- - Upon receipt- of an application- and. a site :plan of ahe proposed
total development, the Planning. Commission shall hold a public
hearing in the manner set out in KR.S Chapter 100. At this
time, the Commission shall .,set the above stated requirements.
(b) If approval is granted at the public hearing, the developer
shall then submit engineering,...-architectural and landscaping
plans for review by the Cty,Engineer and the Planning Com-
mission .
{c) Upon approval.-by the above,. building permits and certificates
of occupancy may be issued,, ;provided all conditions have been
met and all other requirements completed
40.20 Site, Plan and Parking-:Layouts - .All site plans and parking
layouts shall be developed in accordance with this section and approved
by the Planning and Zoning Administrator -and City Engineer, after which
a permit for development may be issued by the Building Inspector . If
the site plan and parking layout- does not meet: with- the approval of the
Planning and Zoning Administrator and the City Engineer, the developer
may appeal their decision to the Planning Commission .
ARTICLE V
DISTRICT REGULATIONS
SECTION 50. PURPOSE
The purpose of this ,Article. is to establish the use.,; provisions, and dimensional
requirements for each .zone . ~ - - - - _ - --
SECTION 51. LOW. DENSITY. RESLDENTIAL. ZONE_R-1.
The purpose of this zone .is to provide for. residential development -of an open
nature .
51.01 Principal Permitted Uses -The following uses are permitted
in an R-1 Zone:
(a) Single-Family Dwellings
(b) Twos-Family Dwellings
(c) Park, playground or community. center owned and operated
by a governmental agency .
51.02 Single-Family Dwellings
51.020 Minimum Ground Floor Area - No building shall be erected for
residential purposes having a ground floor area of less than 1200 square
feet , exclusive of porches , breezeways.:, terraces , garages , and
exterior and secondary stairways . ~ --
51.021 Minimum Yard Requirements
Front yard 40 feet
Side Yard 8 feet each side
Rear Yard 25 feet
Lots abutting two streets shall comply with the front yard setback provisions
along the street upon which the building on the corner lot fronts. A'fifteen
(15) foot reduction in the front yard provisions is allowed on the side yard
facing the secondary street , provided such reduction does not result in a
side yard of less than 25 feet .
293
51.022 Minimum Area Requirements
Minimum Lot Area
Minimum Lot Width
51.023 Maximum Building Height
Maximum Hei-ght
12 , 000 square feet
75 feet
35 feet
51.013 Accessory Buildings - No accessory building shall be erected
within 8`feet of any side lot line , and no separate accessory building
shall lie erected within five (5) feet of any other building structure.
51.03 Two-Family Dwellings
51.031 Minimum Yard Requirements
Front Yard
Side Yard
Rear Yard
51.032 Minimum Area Requirements
Minimum Lot Area
Minimum Lot Width
40 feet
8 feet
25 feet
7, 000 square feet per unit
75 feet
51.033 Maximum Building Height
Maximum Height 35 feet
51.034 Accessory Buildings
Same as 51.024
51.04 Conditionally Permitted Uses
(a) Multi-Family Dwellings
(b) Day Care Nurseries
(c) Home Occupations
51.05 Multi-Family Dewllings (conditionally permitted use, only)
51.051 Minimum Yard Requirements
Front Yard
Side Yard
Rear Yard
51.052 Minimum Lot Area Requirements
' Minimum Lot Area
Minimum Lot Width
51.053 Maximum Building Height
None
51.054 Accessory Buildings
See 51.024
51.06 Day Care Nurseries
40 feet
8 feet
25 feet
5, 000 square feet per unit
(4, 000 for 4 or more)
75 feet
(a) Minimum Lot Area - 100 square feet per child.
(b) Minimum Yard Requirements -The requirements of the zone
apply to the project where located .
(c) A four (4) foot wire mesh fence shall enclose the entire play area.
(d) Parking Requirements -See Section 40.16
294
51.07 Sign Regulations
(a) Signs advertising the name of subdivisions, churches, public
or parochial schools may include an attached or freestanding
announcement sign, bulletin board or wayside pulpit not ex-
ceeding 25 square feet in area and illuminated only by indirect
lighting .
(b) Temporary signs not exceeding four (4) square feet in area
for advertising the sale or lease- of real estate, future use or
development of property and which sign shall be removed
on completion of same .
(c) Signs for advertising nurseries shall be the same as
Section 40.182 (d) .
SECTION 52. LOW AND MEDIUM DENSITY RESIDENTIAL ZONE R-2
The purpose of this zone is to provide a residential area for those people who do
not need and who do not want as much living space as provided in the R-1 Zone .
52.01 Principal Permitted Uses -The following uses are permitted
in the R-2 Zone:
(a) Any use permitted in the R-1 Zone
(b) Multi-Family Dwellings
52.02 Conditionally Permitted Uses -The following uses are special
exceptions and require written approval of the .Board of Adjustment:
(a) Day Care Nurseries
(b) Home Occupations
52.03 Single-Family Dwellings
52.030 Minimum Ground Floor Area - No buildin-g shall be erected
for residential purposes having a ground. floor area of less than 900
square feet, exclusive of porches, breezeways, terraces, garages,
and exterior and secondary stairways .
52.031 Minimum Yard Requirements
Front Yard
Side Yard
Rear Yard
52.032 Minimum Lot Area Requirements
Minimum Lot Area
Minimum Width
52.033 Maximum Building Height
Maximum Height
2 5-.feet
6 feet
25 feet
7, 5U0 square feet
60 feet
35 feet
52.034 Accessory Buildings - No accessory building shall be
erected within six (6) feet of any side lot line, and. no separate
accessory building shall be erected within five (5) feet of any
other building or structure .
52.04 Two-Family Dwellings
52.041 Minimum Yard Requirements
Front Yard 25 feet
Side Yard 6 feet each side
Rear Yard. 25 feet
295
52.042 Minimum Area Requirements
Minimum Lot Area 5 , 000 square feet per unit
Minimum Width 60 feet
52.043 Maximum Building Height
Maximum Height 35 feet
52.044 Accessory Buildings
Same as 52_..034
52.05 Niulti-Family Dwellings
52.051 Minimum Yard Requirements
Front. Yard 25 feet
Side Yard 6 feet each side
Rear Yard 25 feet
52.052 Minimum Area Requirements
Minimum Lot Area 4, 000 square feet per unit
(3,000 for 4.or more)
Minimum Width 120 feet
52.053 Maximum Building Height
None
52.054 Accessory Buildings
Same as 52.034
52.055 Parking Requirements
See Section 40.16
52.056 Sign Regulationsr
Same as Section 51.07
SECTION 53. MEDIUM DENSITY RESIDENTIAL ZONE R-3
The ,purpose of this zone. is to provide. a residential area for those people who do not
need and do not want as much living space as provided in the R-2 Zone .
53.01 Principal Permitted Uses
Any use permitted in the R-2 Zone
53.02 Conditionally Permitted Uses -The following uses axe special
exceptions and require written approval of the Board of Adjustment:
(a) Home Occupations
(b) Day Care Nurseries
(c) Mobile Home Parks
53.03 Single-Family Dwellings
53.030 Minimum Ground Floor Area - 600 square feet
53.031 Minimum Yard Requirements
Front Yard 25 feet
Side Yard 6 feet each side
Rear Yard 25 feet
296
53.032 Minimum Area Requirements
Minimum Lot Area
Minimum Width
53.033 Maximum Building Height - 35 feet
53.034 Accessory Building -Same as 52.034
53.04 Two-Family Dwellings
53.041 Minimum Yard Requirements
Front Yard
Side Yard
Rear Yard
53.042 Minimum Area Requirements
Minimum Lot Area
Minimum Lot Width
53.043 Maximum Building Height -~ 35 feet
53.044 Accessory Building -Same as 52.034
53.05 Multi-Family Dwellings
53.051 Minimum Yard Requirements
Front Yard
Side Yard
Rear Yard
53.052 Minimum Area Requirements
Minimum Lot Area
Minimum Lot Width
53.053 Maximum Building Height -None
6 , 000 square feet
50 feet
25 feet
6 feet each side
25 feet
4, 000 square feet per unit
50: feet
25 feet
6 feet each side
25 feet
2,500 square feet per unit
for 3 or more
50 feet
53.054 Accessory Buildings -Same as 52.,03.4
53.055 Parking Requirements -See Section 40.16
53.056 Sign Regulations -Same as Section- 51-. 07
53.06 Public Parking Area - A ,public parking area is permitted where the
area abuts a business or industrial. zone,. provided the. Commission finds
the public parking area not to be detrimental to the adjoining residential
area. The public parking area shall be developed as required by Section 40.
Provisions for a public parking area shall adhere to the setback require-
ments as listed in the zone in which it is to be located,. however, no set-
back is required along a rear property line where the residential zone and
the business or industrial zone join. Screening requirements for a public
parking area shall be the same as Section 40.17.
SECTION 54. 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 .
54.01 Principal Permitted Uses,
(a) Any use permitted in the R-3 Zone
(b) Nursing Homes and Tourist Homes
(c) Professional Office Buildings (Yard -requirements for office buildings
shall be the same as the B-1 Zone Requirements . )
297
(d) Day Care Nurseries
(e) Cemeteries
(f) Any other use not listed, which, in the Commission's opinion, would
be compatible with the above uses in the R-4 Zone .
54.02 Conditionally Permitted Uses
(a)• Commercial Greenhouses
(b) Funeral Homes
(c) Home Occupations
(d) Hotel or-Motel
(e) Beauty Shops and Barber Shops.
(f) Mobile Home Parks
54.021 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 Commis-
sion 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 .
54.03 Requirements for Single and Two-Family Dwellings -Single
Family Dwellings and Two Family Dwellings shall comply with the
requirements of the R-3 Zone.
54.04 Multi-Family Dwellings
54.041 Minimum Yard Requirements
Front Yard 25 feet
- Side Yard 6 feet each side
Rear Yard 25 feet
' 54.-042 Minirrium Area Requirements
Minimum Lot Area 1,300 square feet per unit
_..
Minimum Lot Width 50 feet
54.043 Maximum- Building Height
None..
.~.
54.044. Sign .Regulations -Same as Section 51.07, however, sign
regulations for business uses in the R-4 Zone is permitted provided
the sign is no larger than 36" x 48" and shall be indirectly lighted.
54.05 Public Parking Area -Same as Section 53.06
SECTION 55. CONVENIENCE AND SERVICE ZONE, B-1
The purpose of this zone is to provide convenient shopping areas to serve nearby
residential areas .
55.'01 Princpal.~ermitted Uses
(a) Any use permitted in the R-4 Zone (except all new residential structures
(b) Home Occupations shall comply with the R-4 Zone yard
(c) Hotels and Motels requirements)
(d) Funeral Homes
(e) Commercial Greenhouses.
(f) The. following uses provided they are conducted wholly within a build-
ing except for off-street loading and unloading:
- (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) Shoe Store and Repair Shop
(4) Tailor Shop
(5) Theater
(6) Variety Store
298
(g) The following uses are permitted as approved by the Commission based on
the conditions necessary to protect the character of this zone:
(1) Service Stations
(2) Drive-In Establishments
(3) Other similar but undefined uses
The Commission shall determine that the above uses will not be
detrimental to adjacent residential property via excessive noise,
light, odor, or vibration; design of the structure shall be
compatible with the adjacent areas and undue traffic congestion
will not occur .
55.02 Minimum Yard Requirements
Front Yard None , except for arterial high-
way strip commercial uses for
which a minimum front yard of
fifty (50) feet shall be provided.
.Side Yard None , except for arterial high-
way strip commercial uses; for
" - such uses the side yards shall
not be less than twelve (12)
feet except that any side yard
abutting a residential district
shall not be less than 25 feet.
Rear Yard None, except for arterial high-
way strip commercial uses; for
such uses a rear yard of ten (10)
feet shall be provided; if such use
is serviced from the rear or if it
abuts a residential district, a rear
yard of not less than 30 feet shall
be provided.
55.03 Minimum Area Requirements
Minimum Lot Area Five thousand (5, 000) square feet
except for arterial highway strip
commercial uses which shall be
not less than ten thousand (10, 000)
square feet .
Minimum Lot Width
55.04 Maximum Building Height
None
Fifty {50) feet, except for arterial
highway strip commercial uses,
which shall be seventy five (75)
feet.
55.05 Accessory Buildings -Accessory buildings shall be built no closer
than fifteen (15) feet from any property line and no closer than ten (10)
feet from any other building:
55.06 Access Control
(a) Lots with less than 200 feet of frontage shall have only one (1)
point of access"to anyone (1) public street.
(b) Lots in excess of 200 feet may have two (2) points of access for
-each 200 feet of frontage on any one public street .
(c) All points of ingress and egress to major arterials shall be at
least 350 feet from the ramp pavement transition point of high-
way interchanges .
299
55.07 Set-Back Requirements for all Business Zones Facing an R-1
and/or an R-2 Residential Zone
(a) Where a business zone faces an R-1 Zone and/or. an R-2
Residential Zone , the Planning Commission shall require the
following set-back:
Minimum Front Yard - 25 feet .. .
(b) Screening requirements shall be the same as Section 40.17.
55.08 Parking Requirements -See Section 40.16.
SECTION 56. DOWNTOWN BUSINESS ZONE , B-2
The purpose of this zone is to encourage the development and redevelopment of the
City's' Downtown Business District.
56.01 Principal Permitted Uses
(a) Any use permitted in the B-1 Zone excluding new residential
development .
(b) Trade, Business, and Vocational Schools
(c) Places of Amusement, Assembly and Recreation
(d) 'Assembly Buildings of Fraternal,-Professional and Labor
Organizations
(e) Automobile Sales and Service.
(f) Commercial Parking Lots and Garages,
(g) Newspapers and Printing Establishments
(h) Radio and T .V . Stations
(i) Any other similar use, which, in the Commission's opinion,
would not impair the business character of the downtown area.
56.02 Minimum Lot Area and Yard Requirements
None
56.03 Maximum Building Height.'
None
56.04 Parking Regulations -Parking requirements are waived for all
uses in the B-2 Zone except for the following:
(a) Bus Terminals
(b)' Hotels and Motels
(c) Residential Dwelling Units
56.05 Minimum Sight Distance -The visibility requirements of Section
40.10 shall `not" apply to the B-2 Zone .
SECTION 57. GENERAL BUSINESS ZONE', B-3
The purpose of this zone is to provide an ,area for Iigh_intensity commercial activity
of a wholesale nature and to ensure easy highway access for such uses .
57, O1 Principal Permitted Uses
(a) Any use permitted in the B-2 Zone
(b) Wholesale Establishments _
(c) Automotive Equipment Sales and Repair
(d) Laundry and Dry Cleaning Establishments
(f) Light Industrial Operations (as approved by the Planning Commission
according to degree of objectionable smoke,- noise, odor., glare, _
vibration and heavy freight traffic generation .
57.02 Minimum Yard Requirements -None
57.03 Minimum Area Requirements -None
57.04 Maximum Building Height -None
300
57.05 Screening Requirements -See Section 40.17
57, 06 Parking Requirements -See Section 40.16
SECTION 58 . LIGHT INDUSTRY ZONE , M-1
The following provisions shall apply in the M-1 Light Industry Zone unless otherwise
provided herein:
58.01 Principal Permitted Uses , ,
(a) Any use permitted in the B-3 Zone
. _, (b) ,Any industrial , manufacturing, fabrication , or processing use
which does not emit objectionable noise , smoke , odor , or dust
beyond the confines of its property .
(c) Warehouses
(d) Public and Commercial Sewage Disposal Plant
(e) Any other use, in the Commission's, opinion, which would be
compatible in the B-3 Zone .
58.02 Conditionally Permitted Uses -The following uses are special
exceptions and require written approval of the Board of Adjustment:
(a) Any other industrial use determined to be of the same general
character as the above permitted uses .
(b) Animal Hospital or Kennel, located not closer than 300 feet to
an R-Zone..
58.03 Minimum Yard .Requirements (*)
(a), .Permitted uses having a total.
plant floor area of 4, 000 s . f .
or less ,
Front Yard - 25 feet
Side Yard - 10 feet
Rear Yard -None , except
where abutted by a residen-
tial zone , in which case a rear
yard of twenty five (25) feet.
58.04 Minimum Area Requirements
Minimum Lot Area: (a) 7, 500 square feet,
Minimum Lot Width: (a) 60 feet,
58.05 Maximum Building Height -None
(b) Permitted uses with a total
plant floor area of more than
4,000 s.f.:
Front Yard - 75 feet
Side Yard - 25 feet
Rear Yard -None , except where
abutted by a residential zone,
in which ease a rear yard of
twenty five (25) feet.
(b) 15,000 square feet
(b) 7, 500 feet
58.06 Parking Requirements -See Sectioa~.40.16.
(*) (a) No storage of materials or equipment shall be. allowed in
the minimum front yard , side yards, or rear yard (where
. required) ,
(b) Parking for ,visitors shall be allowed in the front yard ,
provided that no more than 50% of the front yard is under
pavement for driveway and parking combined .
58.07 Maximum Lot Coverage
(a) Principal Structures: 50 0 of gross lot area
(b) Total coverage by principal structures., accessory structures and
outside storage:_ 70 0 of .gross lot. area.
SECTION 59. HEAVY INDUSTRY ZONE,.M-2 ,
The following provisions shall apply in the M-2 Heavy Industry Zone unless other-
wise provided herein:
301
5g.O1.Principal Permitted Uses
(a) Any use permitted in the M-1 Zone
(b) Animal Hospital or Kennel _
(c) Junkyards (Solid fence, minimum height of eight (8) feet, en-
closing j unkyards) -
(d) _ Any industrial.use that. is determined .to be nondetrimental to
the properties immediately surrounding the use .
5.9,, 02 Minimum Yard Requirements...- Same as 58:03
59.03 Minimum Area Requirements -Same as 58.04
59.04 Maximum Building Height -None
59.05 Parking Requirements -See Section 40:.16
SECTION 60 .CONSERVANCY ZONE, C-1
It is the intent here to establish a zone to meet the needs of the Ohio and Tennessee
Rivers and their tributaries in times of flood and to .prevent the undue loss of life
and property by not allowing. encroachment into .the zone of uses which will either
be damaged by flood or will increase flood water heights . Land subject to flooding
is considered to be all land below elevation 331.0 , U . S . G . S . Paducah .
60.01. Principal Permitted Uses
(a) Open type uses such as,loading and unloading~ar,eas,_.parking lots,
and gardens; auxiliary to uses, permitted in any .adjoining district.
(b) Storage yards for equipment and material not subject to major
flood damage , provided such storage is accessory to uses per-
mitted in adjoining district; also provided_the stored items are
not flammables or toxic materials or_,other materials which could
contaminate public waters to concentrations determined to be
hazardous by state or federal standards.., and; also provided
stored items can be firmly anchored during times of flood.
(e) Water-port facilities .
(d) Open-type public and private recreation facilities .such as public
parks.
60.02 Conditionally Permitted Uses -The following are special exceptions
and require written approval of the Board of Adjustments: -.
(a) -Any use determined to be of the same general character as the
above, permitted uses .
60.03 Planning Commission Approval - No permit shall be issued for the
construction of any. building.. or for any use within the C-1 zone until the
.plans for such constructign.or. us.e have:~been submitted to the Planning
Commission .and approval. has been given .in .writing for such construction
- .. - -or use_. The Commission may make .its approval subject to such reason-
able conditions. as necess;ary_to protect the .purpose. of this zone . Keeping
in mind the stated purposes of this zone, the. Commission shall be guided
by the following standards in its review of plans:
(a) Any_uses permitted--shall.be of a type not appreciably damaged by
floodwaters, and. no-structures for. human habitation shall be
.permitted.
Cb) No filling of land. shall be.permitted except in instances in which
.,express permission ,is granted. by the Planning Commission.
(c) Any structure permitted shall be designed, constructed, and placed
on the lot so as to offer minimum obstruction to the flow of water.
302
(d) When, in the opinion of the Planning Commission, topographical data,
engineering, or other studies are needed to determine the effects of
flooding on a proposed structure or land use, the Commission may
require the applicant to submit such data or other studies prepared
by competent engineers or other technical people.
SECTION 61. CIVIC CENTER ZONE, A-1
. ..
The purpose of this zone is to strengthen those cultural and .governmental services which
benefit the entire region, but which can only be supported in the civic center; provide
a separate and compact area for those important uses; give the City of Paducah more
effective visual relationships in and around the downtown area; and provide, in the
design of the civic buildings and open spaces ,' a physical point for urban aesthetics
and civic pride .
61.01 Principal Permitted Uses
(a) Public Buildings (City, County, State and Federal)
(b) Office Buildings (financial, professional, personal, business and
medical)
(c) Business, Trade, Personal, and Vocational Schools
(d) Hotels and Motels
(e) Public Parking Areas
(f) Accessory Uses to the Above
(g) Any use determined to be of the same general character as the above
permitted uses .
Plans for architectural design and site layout shall be approved by the
Planning Commission , and it may require changes as may be deemed
necessary or desirable to insure proper design standards, to minimize
traffic difficulties, to safeguard adjacent properties and to preserve
the institutional character of 'the Civic Center Zone.
61.02 1Vlinimum Yard Requirements
'Front' Yard
Side Yard
Rear Yard
61.03 Minimum Area Requirements
Minimum Lot Area
Minimum Lot Width
61.04 Maximum Height - 45 feet
10 feet
6 feet when abutting a street;
otherwise, 4 feet
None
5 , 000 square feet
50 feet
SECTION 62. `USE PROVISIONS FOR THE HISTORICAL ZONE, H-1
It is the intent of this Ordinance to provide for a historical zone„which will assist in
the preservation of places and areas of interest to those who are concerned with the
history and architecture of the City's past .
62.01 Historical and Architectural Review Commission -Within the
Historical Zone, H-1, before applications for building permits; per-
mits to raze, wreck or remove a structure; and before certificates
of occupancy can be approved by the Enforcement Officer, the build-
ing in question must be approved by the Historical and Architectural
Review Commission, which is hereby created..
The Historical and Review Commission shall have jurisdiction only
in the Historical Zone, H-1, as defined by the zoning map of this
Ordinance . Within the Historical Zone , the HARC shall have auth-
ority to approve or disapprove the following items, only: the exter-
ior features of the buildings and/or lot which are subject to public
view from a public right-of-way, including texture, color and type
of building materials used, but not interior arrangement, building
size, or building or lot features not subject to public view. Razing
of buildings in the Historical, Zone is prohibited except where the
HARC finds removal to be in harmony with the preservation of the
Historical Zone .
62.02 Membership of the Historical and Architectural Review Commission -
The HARC shall consist of five (5) members, each to be appointed by
303
the City Commission : The term of office of the members shalt be for
three (3) years, except the terms of two (2j of the members of the
original commission shall expire within three (3) years; two within
two (2) years; and one within one (1) year . An appointment to fill a
casual vacancy shall be for the unexpired portion only .
62.03 Powers and Duties -The HARC shall have the power to establish
by-laws for its own government and to elect its own officers. It shall
be the function and duty of the HARC to pass upon the appropriateness
of exterior architectural features of buildings, structures, signs, and
other exterior features hereafter erected, reconstructed, altered or
restored to public view from a public right-of-way .
62.04 Review of Plans -All plans, elevations, and other information
necessary to determine the appropriateness of the features to be passed
upon, together with a copy of the application for a building permit or
certificate of occupancy shall be made available to the HARC by the
office of the Zoning Enforcement Officer .
62.05 Approval/Disapproval of Plans - In case of the disapproval of
plans by the HARC , the Commission shall state the reasons for such
disapproval in writing and transmit the written statement to the appli-
cant. The written statement shall also contain suggestions of the Com-
mission in regard to appropriateness within the zone of the property
in question .
In case of disapproval, the applicant may appeal to the Board of Adjust-
ment which-shall hear the case.
Upon approval of plans, the HARC shall forthwith transmit a report to
the Enforcement Officer stating the basis upon which such approval
was made . The Enforcement Officer shall then issue a Certificate of
Historical and Architectural Review . ' Such a certificate shall not, in
any way, absolve the applicant from compliance with the other pro-
visions of this Ordinance; the fulfillment of which is necessary prior
to issuance of a building permit and certificate' of occupancy .
If the HARC fails to take final action on any case within fifteen (15)
days after the date of application for permits; the case shall be
deemed to be approved - -
62.06 Meetings =The HARC' shall meet within ten (10) days after
notification by the Planning and Zoning Administrator of the filing
of an application for a building permit or certificate of occupancy
for a case upon which the Review Commi'ssiori'is required to pass.
The Review Commission may also hold meetings at its own deter-
minatiori, or upon call of the Chairman. •
62.07 ~ C ertificate of Historical and Architectural Review - A •Certi-
fcate of Historical and Architectural Review is required in advance
of the construction, alteration or restoration of a building or lot
located within the Historical Zone , as designated on the zoning map
of this Ordinance .
SECTION 63. HIGHWAY BUSINESS DISTRICT - HBD
This Highway Business.Distrct is established to provide areas iri which the principal
use of land is~ devoted- to~ commercials establishments which cater "specifically to the
needs of motor vehicle oriented trade : The intent`of this dstrct~is to provide
appropriate space and sufficient depth from the street to satisfy the needs of modern
commercial development where access is entirely dependent on motor vehicle trade;
and to encoura-ge the development of these locations with such uses and in such a
mariner as to minimize traffic hazards and interference with other uses
A . Permitted Uses
1. Automobile service and repair establishments , including
gasoline service stations, repair garages, and automatic
car washing establishments
2 . Hotels and 1Vlotels `
304
3. Recr$ational-uses- such as amusement parks, bowling alleys
- - - -and roller skating; archery range; miniature golf°, golf
- - -driving ranges , and other similar recreational activities .
4. -~ Souvenir shop; roadside- stand and curio shops when
incidental to another permitted use .
5. ` Office Buildings
- 6. Retail Establishments: (Product processing is allowed only
- if the products are sold at retail on the' premises . )
7 . Restaurants and eating establishments .
8. - ~ Commercial parking lots and parking garages.
9 . - Theatres . - - - - -
B . Area Regulations
The following requirements shall apply to all uses permitted in this district:
1. Front Yard -Ali buildings shall be set back from the street
right-of-way line not less than fifty (50) feet, except where
a parallel access road is provided with construction require-
ments which meet the standards of the Paducah Street Plan .
2. Side Yard -The width of any side yard which abuts a residential
district, shall not be less than twenty-five (25) feet. In all
- other cases 'each side yard shall not be less than twelve (12)
feet-.
3°. - - `-Rear Yard -Each lot shall have a rear yard of not less than ten
- (l0) feet; where a commercial building° is serviced from the rear ,
- there shall be a rear yard of not less than thirty (30) feet; the
- depth of a rear yard which abuts a residential district shall not
be less than thirty (30) feet.
4. Lot-Width -Each. lot shall have a width at the front building
line of not less than seventy-five (75) feet.
5. Lot Area ~ There shall be a minimum lot area of not less than
ten thousand (10,000) square feet.
6. Height. Requirements -None -~ -
7. Parking Requirements -Same as Section 4U.16
8. Highway Access -All points of ingress and egres's to major
- -arterials shall be at least 350 feet from the ramp pavement
- - ~ -transition point of highway interchanges.
ARTICLE VII
ENFORCEMENT, ADMINISTRATION, AND PENALTIES
It is the intent of this -ordinance to provide for the efficient , reasonable , and impartial
enforcement of this ordinance by authorizing an enforcement officer, the basic pro-
cedure for complying with the ordinance, and the penalties for violators.
SECTION 70_. ZONING ENFORCEMENT OFFICER
It shall be the duty- of the Building- Inspector- to be the Enforcement -Officer for the
Zoning Ordinance . He is hereby given the authority to administer and enforce the
provisions of this Ordinance.
SECTION 71. ~ BUILDING PERMIT REQUIRED
No building or other structure shall be erected , moved , added to , or structurally
altered without a building permit issued by the Building Inspector . No building permit
shall be issued except in conformity with the Zoning Ordinance .
305
,.
SECTION 72. .APPLICATIONS FOR BUILDING PERMIT .
All applications for building permits shall be accompanied by plans, in duplicate and
drawn to scale, showing the actual dimensions of ,the, .lot to,be-built upon, the sizes
and the locations on the lot of any existing buildings or structures , the shape , size ,
height , use , and the loc_ ation on the lot of the building or structure proposed to be.
erected or altered, and such other information as may be necessary to provide for the
enforcement of the provisions of this Ordinance, If no substantial progress in con-
struction has been made within six months of the date of the issuance, of the building
permit, the permit becomes invalid .
SECTION 73. CERTIFICATE OF OCCUPANCY REQUIRED
A certificate of occupancy issued by the Enforcement Officer is required in advance
of the use of occupancy for:
(a) Any lot or change in the use thereof;
(b) A building hereafter erected, or a change in the use of an existing building;
(c) Any nonconforming use that,is existing,at the time of the enactment of this
Ordinance and amendments thereto that is changed, extended, altered or
rebuilt thereafter .
The certificate of occupancy shall state specifically wherein the nonconforming
use fails to comply with the .provisions of this Ordinance . No certificate of
occupancy shall be issued unless the lot or building or structure complies with
all the provisions of this ordinance . A record of all Certificates of Occupancy
shall be kept on file in the office of the Enforcement _Officer , and a copy shall be
furnished, upon request, to any person having a proprietary or tenancy interest
in the building, structure, or land involved.
SECTION 74. PENALTIES FOR VIOLATION
Any person violating any, provision of this ordinance shall be. guilty,of, a mis-
. ,__
demeanor and, upon conviction shall be fined not less than twenty-five ,($25)
dollars and not more than one hundred ($100) dollars for each offense. Each day
such violation continues shall constitute a separate offense .
SECTION 75. REMEDIES
If any building or structure is erected, constructed, reconstructed,, ,repaired,
converted , or any building , structure , , or land is used in violation of this
Ordinance, the Enforcement Officer or other appropriate .authority or any ad-
jacent or other property owner who would be damaged by such violation, in
addition to other remedies , may institute injunction , mandamus , or other
appropriate action in proceeding to stop the violation in the case of such build-
ing, structure , or land .
SECTION 76.' CLARIFICATION OF ADMINISTRATIVE JURISDICTION
.. _.
The following is recapitulation of the administrative agencies with jurisdiction, and
_... :_ .
the extent of their jurisdictions concerning the administration of the Zoning
Ordinance: r ~ -
76.01 -The City of Paducah may employ a staff or contract with
planners or other persons as it seems necessary to accomplish
its assigned duties as delineated in Kentucky Revised Statutes,
Chapter 100.
76.02 -The Enforcement Officer has initial authority for the literal
enforcement of this Zoning Ordinance.. He has no discretionary
authority to allow any departure from the literal conformance with
this Ordinance .
76.03 -The Board of Adjustment.has,authority to hear appeals from
decisions by the Enforcement Officer , and to make literal interpre-
tations of the pertinent provisions in order to correct any possible
misinterpretation, and to make only those departures from a literal
conformance of this Ordinance which are specifically delegated to it.
306
76.04 -The Circuit. Court, has jurisdiction to determine all questions
and issues properly brought before it on appeal from the decisions
of the Board_ of_Adjustment or Planning. Commission.
SECTION 77.,.SCHEDULE:OF FEES., CHARGES.AND EXPENSES
... .. ..... ~ t -
A schedule of fees, charges, and expenses., and a collection procedure for appeals
from the BOA action, variances and conditional use permits is hereby established.
No action shall., be taken ,before the BOA, or Planning Commission unless or until
preliminary charges have been paid in full.
Request for Zone Change $25.00
Application for Variance or Conditional
Use Permit 5.00
Application for Home Occupation 5.00
Application for Site Plan 5.00
Application for Parking Layout 5._.00_
ARTICLE VIII
.. - - -_.. r- .. -
. , , „ BOARD, OF ADJUSTMENT
SECTION ,.80,,., APPOINTMENT AN,.D ORGANIZATION
A board of adjustment, (hereinafter known as.,the Boar,d). shall be appointed and
organized in conformance, with the Kentucky Revised Statutes, Section 100.217.
SECTION 81. POWERS AND DUTIES
The Board shall have the following powers and duties:
81.01 -Bylaws - To adopt bylaws for its own government.
. 81.02 Administrative Review -;.To hear and decide appeals where it
is alleged by the applicants that, there, is, error in any order, re-
quirement, permit, decision., determination, or refusal made.by
the Enforcement Officer or other administrative official in the carry-
ing out or enforcement of any provisions of this_Ordinance, and. for...
interpretation of the Zoning Map .
_.
81.03,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 .
81.04 Variance - To hear and decide on applications for dimensional
variance where, by reason of the exceptional narrowness, shallow-
ness,,or, unusual shape of the, site., or by reason of exceptional topo-
graphic 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 in a manner equivalent
to the use permitted other landowners in the same zone . The Board
may impose any reasonable conditions or restrictions on any vari-
ance it decides to, grant .
81.05 Findings for Granting of Variance -Before any variance
is granted., the Board must find all of the following (which shall
be recorded along with any„ improved conditions or restrictions
in its minutes and records , .and issued in written form _to the
applicant to constitute proof of the dimensional variance):
(a) ., _ The specific conditions, in detail, which are unique
_ . to the. applicant's land and do not exist.. on other land
_ in the same zone .
307
(b) The manner in which the strict application of the pro-
"visions of this Ordinance. would deprive the .applicant "
"~ of the reasonable use of the land in the. manner equiva-
lent to the use permitted other landowners in the same
zone .
(c) "That the unique conditions and circumstances are not
the' result of actions of the applicant taken. subsequent
" to the adoption of the Zoning Ordinance
(d) Reasons that~the variance will preserve, not harm the
public safety and welfare , and will not alter the
essential character of the neighborhood .
81:06' Nonconforming Use Change- To permit a change from one non-
conforming use to another,"providing the new nonconforming use is
in the same or a more restrictive zoning classification in accordance
with Section 40.02.
81.07 Limits of Authority -The Board of Adjustment shall, nofi 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 Ordinance.
81.08 Application of Variance - A dimensional variance applie`s~ to the
property for °whicYi" it -is granted , and not to the applicant . ~ A variance
also runs with the land, is transferrable to any future owner of the
land, but it cannot be transferred by the applicant to a different site.
81.09 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. Ordinance .
81.10 Evidence Substantiated --"Before any variance is granted, the Board
must find present conditions which. must be sustained by evidence pre-
sented by the applicantthat the property will not yield a reasonable
return if used in compliance with the Ordinance; that the conditions
causing the hardship are unique and are not shared by neighboring
property in the same zone; .that the granting of the variance will not be
in conflict with the Zoning Ordinance . These conditions must be alleged
by the applicant and evidence must be produced by lim to_. substantiate
these~allegatons. ~ "
81.11 Report - A yvritt'en report on eac"h 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 office .
SECTION 82. PROCEDURE FOR APPEALS
Any appeal~to the. Board of Zoning Adjustment may betaken by any person,' firm
or corporation aggrieved , or' by any governmental officer , department, board or
bureau affected by any decision of the Building Inspector based in -whole -or in
part upon the provisions of this Ordinance . Such appeal shall be taken by filing
with the Board of Adjustment a notice of appeal, specifying the grounds. thereof.
Said notice of appeal shall be filed within thirty (30) days from the date upon
which the. notice of refusal of building permit or certificate of occupancy is :mailed
by the Building Inspector; and failure to file notice of appeals within thirty (30)
days shall constitute a waiver of the right to appeal. The Building Inspector shall
transmit to the Board of Adjustment all papers constituting the record upon which
the action appeal was taken . The Board shall fix a reasonable time for the hearing
of the' appeal, give public notice thereof, as well as due notice to the parties in
interest, and decide the same within a reasonable time. Upon the hearing, any
person or party may appear in person or by agent or by attorney .
308
SECTION 83. AMENDMENTS
This Zoning Ordinance, including both the text and the zoning map, may be
amended, supplemented, changed, modified; or 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 re-
ferred to the Planning Commission before adoption :~ The Planning Commission
shall then hold at least one public hearing after' .notice as required by Kentucky
Revised Statutes , Chapter 424., and make recommeridatians to the various
legislative bodies involved, and it shall take a majority of the entire legislative
body to override the recommendation of the Planning Commission . The Com-
mission shall send copies of the notice to property owners surrounding the proposed
zoning change . '
All procedures for public notice and publication as well as for adoption shall be
the same as for the original enactment of aZoning Ordinance.. (KRS Chapter 424) .
Before any map amendment is granted the Planning Commission must find that the
map amendment is in agreement with the community's comprehensive plan or , in
the absence of such a finding-, that• one or"more of.-the following apply and such
finding shall be record=edin the minutes and records of the Planning Commission
and the legislative body
83'. Ol -That the 'original zoning classification given to the property
was inappropriate or improper .
83: U2 -That there have been major changes of an economic, physical
or social nature within the area involved which were not anticipated
in the community's comprehensive plan and which have substantially
altered the basic character of such area
83.03 -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,. shah be followed. As a further condition to the
granting of a zoning change, the Paducah Planning Commission may
require that substantial construction be initiated within a certain
period of time of not less than one year; 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 in Section 83.
SECTION 84: CONFLICT WITH OTHER REGULATIONS
In the'case of a conflict between this Ordinance and/or any part thereof, and
the whole part of any existing or future adopted Ordinance of Paducah, Kentucky,
the more restrictive provision in all cases shall apply . The various Zoning
Ordinances adopted by the City of Paducah, Kentucky, before the enactment of
this ordinance , are hereby repealed .
SECTION 85 , SEPARABILITY
Should any section or provision of this Ordinance be declared invalid or un-
constitutional by any court of competent jurisdiction, such declaration shall
not affect the validity of the Ordinance as a whole or any part thereof, which
is not specifically declared to be invalid or unconstitutional .
SECTION 86. EFFECTIVE DATE
This ordinance shall take effect and be in force from and after the date of its
adoption , the public welfare demanding it
~~~~~%~/
Mayor •
Passed by the Board of Commissioners October 26, 1976
Recorded by Sarah Thurman, City Clerk, October 26, 1976.