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HomeMy WebLinkAbout2016-07-8393ORDINANCE NO. 2016-7-8393 AN ORDINANCE AMENDING SECTION 126-86, ACCESSORY STRUCTURES, OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 126-86, Accessory Structures, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: "Sec. 126-86 Accessory Structures A. Accessory Structures. 1. The purpose of this section is to provide regulations for the placement of accessory structures in the City of Paducah. Accessory structures shall be located on the same or adjacent lots of the same ownership Iet as the principal building. Accessory structures may only be placed on adjacent lots that have the same street frontage as the principal structure and the lot is of sufficient size to be used as a buildingsite, ite, pursuant to Section 126-64 (d). Where part of the wall of an accessory structure is a part of the wall of the principal building in a substantial manner, such accessory structure shall be seunted considered as part of the principal building. a. Accessory structures may only be located in the rear or side yard, not in any front yard except as provided herein. In the case of accessory structures placed on adjacent lots, the front yard of the principal structure shall be extended and maintained across said adjacent lots. b. Setbacks; rear and side yards 1. Side yard setbacks may not be less than the principal building setback for the zoning district. 2. Rear yard setbacks do not apply to Accessory Structures. 2. Setbacks from principal building. Accessory structures must be a minimum distance of five (5) feet from the principal building or other accessory building. 3. The height of the accessory structure in the R-1, R-2, R-3, R-4 and H-2 shall not exceed the height of the principal building or zoning district maximum height whichever is less. The height of the accessory structures in all other zoning districts shall not exceed the zoning district maximum height. 4. The total building foot print area of all accessory buildings in residential zones shall not exceed the gross floor area of the principal building. B. Accessory Structures may include., but not be limited toithe following: 1. Garage 2. Carport 3. Greenhouse 4. Playhouse 5. Pump house 6. Pergola 7. Storage shed 8. Tool shed 9. Swimming pool 10. Work Shop 11. Dog Pen 12. Satellite Dish 13. Personal communication Tower 14. Structures for hobbies, recreational activities or artistic activities. Only the occupant of the principal building may carry on such use. Such use shall not fall within the definition of a home occupation or business. C. Special requirements for certain accessory structures 1. Swimming pools. Pools permanently or semi -permanently constructed below or above grade shall be protected by a five (5) foot or higher fence containing a latching gate to keep children and animals from having unsupervised access. Above ground pools that exceed the height of four (4) feet shall be exempt from fence requirements except that the steps shall be secured with a five (5) foot fence to protect the entrance. 479 D. Projections into required yard setbacks 1. The following structures are permitted within required setbacks provided that compliance is maintained with the traffic visibility standards of the City of Paducah. 2. Landscaping features including, but not limited to, ornamental pools, planting boxes, sculptures, arbors, trellises, fences and birdbaths. Fences shall comply with Section 126-83(E) 5 c 4. 3. Sculptures. Sculpture size shall not exceed 20% of the street side facade area. (See Illustrative Figure 1) a. Sculptures shall not be required to receive a Certificate of Appropriateness from the Historical & Architectural Review Commission. 1. At -grade patios, play equipment, outdoor furniture, ornamental entry columns and gates, flagpoles, lampposts, mailboxes, HVAC equipment, address posts, outdoor fireplaces, refuse collection containers, public utility lines, poles and retaining walls. 2. Handicap ramps that do not exceed 4' in height may project no more than 8' into the front yard setback. 3. Steps that do not exceed 4' in height E. The following attached structures will be permitted to project into the specified yard setback for the following distances: 1. Cornices, overhanging eaves and gutters, windowsills, bay windows, or similar architectural features, chimneys and fireplaces, fire escapes, fire balconies and satellite dishes may project no more than two and one-half (2 1/2) feet into any required yard setback, but in no case closer than three (3) feet to any property line or encroach on any existing utility easement and in compliance with the Kentucky Building Code. 2. Open unenclosed porches (excluding screened or glassed) may project no more than five (5) feet into a front or rear yard provided such porch does not exceed fifty (50) square feet in surface area. Open unenclosed decks may project into the rear yard provided that it does not come closer than ten (10) from the rear property line or encroach on any existing utility easements. 3. Open unenclosed carports which are attached to and part of the principal structure and which are unenclosed on all exterior sides except for necessary supports may project into side or rear yard setback but shall be no closer than fifteen (15) feet to a side or rear yard adjoining a street right-of-way and no closer than five (5) feet to a side property line or encroach on any existing utility easements. 4. Gas pump islands and associated canopy can project into any yard setback; however, no gas pump island shall be located closer than 24 feet to a street right- of-way line nor will any portion of a canopy be allowed to encroach into the public right-of-way. F. If an adjacent lot is proposed to be utilized for an accessory structure, the lot must be of sufficient size as required in Section 126-64 (d). If the adjacent lot is not of sufficient size to be used as a building site, then a waiver of subdivision will be required to abolish the interior property line(s)." SECTION 2. That if any section, paragraph or provision of this Ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this Ordinance to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions.' SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: 480 )A Mayor Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, July 12, 2016 Adopted by the Board of Commissioners, July 19, 2016 Recorded by Tammara S. Sanderson, City Clerk, July 19, 2016 Published by The Paducah Sun, July 22, 2016 \ord\plan\zone\126-86 Accessory Structures 7-2016 481