The URL can be used to link to this page

Home My WebLink About2015-10-8311430 This Ordinance was not published due to a motion to voidthe ordinance adopted on October 20, 2015 TS 191899 ORDINANCE NO. 2015-10-8311 AN ORDINANCE AMENDING CHAPTER 126- 72, "HOMELESS SHELTERS" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,KENTUCKY WHEREAS, this Ordinance amends Chapter 126, Sec. 72, "Homeless Shelters," of the Code of Ordinances of the City of Paducah, Kentucky; and WHEREAS, this Ordinance is being enacted pursuant to mandates imposed by Kentucky Revised Statute § 65.870 (KRS 65. 870 as may be amended), in particular those parts that prohibit local governments from occupying any part of the field of regulation of the manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or transportation of firearms, ammunition, components of firearms, components of ammunition, firearms accessories, or combination thereof. NOW THEREFORE be it ordained by the City ,�,ssion of the City of Paducah as follows: SECTION 1. That Chapter 126-72 " eless Shelters," ®R. """ amended and restated to read as follows: \\\\�.\ CHAPTER 126 — ZONING "Sec. 126-72. Homeless Shelters. ��NMM h The purpose of this section RISA,\egulati the locatib omeless shelters in ,m ��\ \� the R-3, R-4, B-1, B-3, M-1,1`2 and M Object' elude m�lmizing land use conflicts and ensuring that th4e are adequate s for no individuals within the vicinity of the shelter. \ (1) Shelter for t \ lele \ \ 11 mean housing t\ s limited to occupancy of 365 days or less by a horn e\� person. (2) Conditional use p mit req omeless shelt;' , shall only be permitted in the zones listed .herein upon r eipt of a c �� n„1 use it. The operation of all shelters for the ho ,=° ess within the �� 'ty of Paduca, tmgent upon receiving a conditional use .Aoin the Boar f Adjustment in accordance with section 126-68 of the Code of Ordinan City Paducah. \\\e\\\ ss shall comply with the following conditions: (3) Each shelter � �� p y g a. A shelter for the ' shall provide a minimum of 200 square feet of heated building space per resident.\ b. Shelters for the homeless may not be located within 1,000 feet of any other shelter for the homeless, or from any use which could be classified as a Shelter for the homeless. c. Operation. 1. Shelters for the homeless shall be fully contained within a building owned and/or operated by a government agency or nonprofit organization. 2. The operator of a shelter for the homeless shall provide continuous, on-site supervision by an employee and/or volunteer during all hours of operation. 3. No retail sales shall take place on the property of any shelter for the homeless. 4. Maximum occupancy. A shelter for the homeless may house no more than 50 residents. 5. All homeless shelters shall create and adopt a Code of Conduct that shall be enforced at all times. The Code of Conduct shall include at a minimum the following language: i. Possession or use of illegal drugs is not permitted on the premises. ii. Alcohol is not permitted on the premises. iii. Federal and State gun control laws shall be strictly enforced on the premises. Weapons are not peFmi on the premises. iv. Violence is not permitted on the premises. V. Fires are not permitted on the premises. 431 vi. Loitering in the surrounding neighborhood is not permitted. vii. Littering on the premises or surrounding neighborhood is not permitted. 6. A copy of this Code of Conduct shall be provided to the Zoning Administrator of the City of Paducah for review by the Board of Adjustment. 7. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the neighborhood. 8. Laundry facilities. The development shall provide laundry facilities or laundry services adequate for the number of residents. 9. Common facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff: i. Central cooking and dining room(s). ii. Recreation room. iii. Counseling center. iv. Child care facilities. V. Other support services. 10. Outdoor activity. For the purposes of noise abatement in residential districts, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 9:00 p.m. 11. Staff and services shall be available to assist r taimng permanent shelter and income. \��e�� \\\ 12. The operator of a shelter for the home l`e hall have a wni < agement plan g including, as applicable, provisionstraining, neighbo outreach, security, screening of residents to insure tibility with se rovided at the facility, and for training, co ling, an \' ent programs\\S esidents. 13. Maximum unit density. Hone elters locat , : residential d cts, when not developed in an individual d g unit form 1 not be sect to the underlying zoning district's maxim t density s d b ale number of beds shall be limite Ao es them um numbeing units which would otherwise peri 14. Shelters for hNi" less shall be withii \ feet o a public transportation route." SECTION 2.1INEVERABILITY. If'`"` section, paragraph or provision of this Ordinance shall bto be � d or unenforceable <r any reason, the invalidity or unenforceability of susections aph or provisio\shall not affect anof the remaining g provisions of this Ordiri \ . SECTION COMPLIAN �TH OPEN MEETINGS LAWS. The City Commit s findsdetermines that all formal actions relative to the adoption of this v\\y �� Ordinance were o meeting of this City Commission, and that all deliberations of this City Commissioi\i ommittees if any, which resulted in formal action, were in meetings open to the public, I compliance with applicable legal requirements. SECTION 4. CONFLICTS. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Tammara S. Sanderson, City Clerk 2 432 Introduced by the Board of Commissioners, October 6, 2015 Adopted by the Board of Commissioners, October 13, 2015 Recorded by Tammara S. Sanderson, City Clerk, October 13, 2015 Published by The Paducah Sun, October 17, 2015 \ord\126-72-homeless shelters -weapons VOIDED 10-20-2015 TS 3