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HomeMy WebLinkAbout2005-11-7036563 ORDINANCE NO. 2005-11-7036 AN ORDINANCE AMENDING CHAPTER 126, ZONING, OF THE PADUCAH CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY C� BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 126-84, Bed and Breakfast, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: Section 126-84. Bed and Breakfast The purpose of this section is to establish a procedure for the location of a Bed and Breakfast in the R-2 and R-3 residential zones. 1. Conditional Use Permit Required To assure compliance with provisions of the Zoning Ordinance and to protect the character of residential neighborhoods in the City of Paducah a Conditional Use Permit for a Bed and Breakfast in the R-2 & R-3 zone shall be obtained from the Board of Adjustment. 2. Procedure Applications for a Conditional Use Permit for a Bed and Breakfast shall be submitted to the Board of Adjustment in compliance with Section 126-68 of the Zoning Regulations. Applications will be reviewed by the Paducah Planning Commission and forwarded to the Board of Adjustment with the Planning Commission's recommendations for action. The Board of Adjustment will then act upon the application Upon approval of an qpplication a Conditional Use Permit for a Bed and Breakfast will be issued, which permit shall state the conditions attached thereto and any time limitations imposed thereon The permit shall not be issued unless the applicant has met all of the conditions listed below, and the applicant has agreed in writing to comply with all said conditions and any other conditions which the Board of Adjustment approved. a) Conditions Placed on all Bed and Breakfast in an R-2 or R-3 Zone. A Bed and Breakfast is principally permitted in the R-4 Zone. A Bed and Breakfast may be permitted in the R-2 and R-3 zone with a Conditional Use Permit provided it meets the following criteria: (1) The Bed & Breakfast may be housed in an existing structure or new structure The structure must comply with the Kentucky Building Code and all other applicable State and Local statutes, ordinances, and regulations. (2) The Bed and Breakfast must not have more than five (5) guestrooms for rent. (3) A Bed and Breakfast must be in a one -family dwelling. (4) The Owner must reside in the Bed and Breakfast. (5) A morning meal must be served on premises and included within the room charge for guests of the facility and shall be the only meal provided. (6) Off-street parking must be provided as noted: two (2) spaces for the owner and/or manager, and one (1) space per guestroom. The Planning_ Commission may waive this requirement based on submitted evidence of adequate on -street and off-street parking. (7) One sign not exceedingtwo wo square feet in area identifying the name of the Bed and Breakfast. The Board of Adjustment shall 564 regulate the sign location. Lighted signs are prohibited in the R- 2 and R-3 Zone. (8) Entrances to all guestrooms must be on the interior of the structure. Secondary exterior entrances to guestrooms shall be permitted only for access to patios, verandas, or balconies. (9) The architectural style and physical size of the structure shall be in harmony with the residential character of the neighborhood (10) The site must be planned and landscaped so as to minimize the impact on neighboring properties and in order to retain the residential character of the neighborhood A landscape plan shall be submitted to the Planning Commission for review. 3. Additional Uses Allowable The Board of Adjustment may allow the following uses so longas they are a part of and incidental to the Bed and Breakfast: a) Souvenir sales that are limited to registered guests with no on-site signage. (1) Conditions. 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. SECTION 2. That Sec. 126-103,"Low and Medium Density Residential Zone, R-2", of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: Sec. 126-103. Low and Medium Density Residential Zone, R-2. (1) Principal permitted uses. The following uses are permitted in the R-2 zone: a. Single-family dwellings. b. Two-family dwellings and town houses with no more than two attached units per town house. C. Park, playground or community center owned and operated by a governmental agency. (2) 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; C. Multi -family dwellings. d. Bed and Breakfast SECTION 3. That Sec. 126-104,"Medium Density Residential Zone, R-3", of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: Sec. 126-104. Medium Density Residential Zone, R-3. (1) Principal permitted uses. a. Single-family dwellings. b. Two-family dwellings and town houses with no more than two attached units per town house. C. Park, playground or community center owned and operated by a governmental agency. (2) Conditionally permitted uses. The following uses are special exceptions and require written approval of the Board of Adjustment: a. Home occupations; 'LOIli b. Day-care nurseries; I GQ ��, a s 4 7 C. Mobile home parks. S� d. Multi -family dwellings_�.�$ e. Bed and Breakfast C� pG 565 SECTION 4. That Sec. 126-105,"High Density Residential Zone, R-2", of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: Sec. 126-105. High Density Residential Zone, R-4. The purpose of this zone is to provide an area that will combine compatible residential and business uses in such a manner that it will buffer low density residential property from high density and commercial uses. (1) Principal permitted uses. a. Any use permitted in the R-3 zone; b. Nursing homes and totifist homes; C. Professional office buildings (yard requirements for office buildings shall be the same as the B-1 zone requirements); d. Day-care nurseries; e. Cemeteries; f. Bed and Breakfast g. Any other use not listed which, in the Commission's opinion, would be compatible with the above uses in the R-4 zone. SECTION 5. That Sec. 126-73,"Low and Medium Density Residential Zone, R-2", of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: Sec. 126-73. Home occupations. Home occupations are conditionally permitted uses and shall be approved in compliance with the following regulations. (1) 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; 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 barbershop, beauty shop, tearoom—,teuffst home or animal hospital (see definition of home occupation, section 126-3). (2) Use restrictions. 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 of one floor of the residence shall be used. C. Alterations and construction shall be allowed provided that the external character and appearance of the building remains unchanged and the requirements of this chapter are met. d. An indirectly lighted sign of not over one square foot shall be permitted and shall be attached flat against the dwelling. (3) Conditions. 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. 566 SECTION 6. That Sec. 126-3,"Definitions", of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: 126-3. Definitions Bed and Breakfast. A bed and breakfast is an owner managed and occupied residential structure used as a lodging establishment where a room or rooms are rented on a nightly basis and in which onlv breakfast is included as part of the basic compensation Dwelling. A building, or portion thereof, used primarily for residential occupancy, including one -family and multiple dwellings, but not including hotels, motels or Bed and Breakfast.teu6st-heroes. Home occupation or -profession. Any use conducted entirely within a dwelling and carried on solely by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof, and in connection with which there is no display, no stock in trade or outside storage_of equipment nor commodity sold upon the premises and not more than two persons are to engage in such occupation In no event shall a barbershop beauty shop tearoom, Bed and Breakfast tourist home or animal hospital be construed to be a home occupation SECTION 7. That if any section, paragraph or provision of this Resolution 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 Resolution to make each and every section, paragraph, an provision hereof separable from all other sections, paragraphs and provisions. SECTION 8. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Attest: BrockTammara S. Introduced by the Board of Commissioners, October 25, 2005 Adopted by the Board of Commissioners, November 8, 2005 Recorded by Tammara S. Brock, City Clerk, November 8, 2005 Published by The Paducah Sun, November 14, 2005 ord\plan\zone\126-bed & breakfast 10 F]