HomeMy WebLinkAbout2005-1-6911300
ORDINANCE NO. 2005-1-6911
AN ORDINANCE CREATING SECTION 83, 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 83, Landscape Regulations, of Chapter 126,
Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended
to read as follows:
Section 126-83 Landscape Regulations
(A) Purpose.
The purpose and intent of this section is to improve the appearance of vehicular
use areas (VUA's) and property abutting public rights of way; to require
screening between incompatible land uses; and to protect, preserve and promote
the aesthetic appeal, character and value of the surrounding neighborhoods; to
promote public health and safety through the reduction of noise pollution and air
pollution.
(B) Landscape Review Procedure
This section applies to all developments subject to Site Plan Review with the
exception of single-family developments. The requirements stated in this section
shall be addressed duringthe he applicable Site Plan review process.
1. New Sites Currently Undeveloped: No new site development,
P' building, or structure shall be constructed or vehicular use area created
unless landscaping is provided as required by the provisions of this
section.
2. Existing Sites Currently Developed: Improvements to an existing site
that include building additions or vehicular use area expansions shall be
required to bring only the new improvements into compliance with this
section.
(C) General Requirements:
1. All landscaping materials shall be installed in a sound manner, and
according to accepted good construction and planting, procedures. Any
landscape material, which fails to meet the minimum requirements of
this chapter at the time of installation, shall be removed and replaced
with acceptable materials. The person in charge of or in control of the
property whether as owner, lessee, tenant, occupant, or otherwise shall
be responsible for the continued proper maintenance of all landscaping
materials and shall keep them in a proper, neat, and orderly appearance
free from refuse, debris, noxious weeds and unwanted grass at all times.
All unhealthy or dead plant material shall be replaced within four (4)
months or by the next planting season, whichever comes first; while
other defective landscape material shall be replaced or repaired within
(� two (2) months. Plant material shall not be severely pruned such that the
_ natural growth pattern or characteristic form is significantly altered.
Topping trees is prohibited. The severe cutting of limbs to stubs larger
than three (3) inches in diameter is prohibited. Utility Companies are
exempt from this requirement.
2. Paducah, Kentuckv is located within the Plant Hardiness Zone #6.
3. Existing trees shall be preserved where possible.
4. Surfaces denuded of vegetation shall be seeded or sodded to prevent soil
erosion.
5. Sight Triangles: See Section 126-65
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(D) Landscaping
1. All parking lots of more than four (4) parking spaces shall include planted
trees in accordance with the schedule 1:
Schedule 1
1 to 4 spaces
No trees re wired
5 to 30 Maces
1 tree for each 6 s aces or fraction thereof u to 30 spaces
31 to 100 Maces
5 trees for the first 30 spaces, plus 1 tree for each additional 7 spaces or
fraction thereof
101 to 196 spaces
15 trees for the first 100 spaces, plus 1 tree for each additional 8 spaces
or fraction thereof
197 to 304 spaces
27 trees for the first 196 spaces, plus 1 tree for each additional 9 spaces
or fraction thereof
305 to 504 spaces
39 trees for the first 305 spaces, plus 1 tree for each additional 10 spaces
or fraction thereof
505 or more
59 trees for the first 505 Maces, plus 1 tree for each additional 11 spaces
spaces
or fraction thereof
1. Trees shall be at least one and one-half inches (1 1/2") in diameter at a point
six inches (6") above the Around, when planted; tree type shall be approved
by the Zoning Administrator and shall be protected from potential damage
by vehicles. Thirty percent (30%) of required trees shall be placed within the
perimeter of the actual DarkinLy surface area in those parking lots of over
twenty (20) spaces.
2. Interior landscaping for Vehicular Use Areas (VUA's). Landscaping shall be
provided for vehicular use areas in accordance with the following standards:
a. A minimum of five (5) Dercent of the total VUA shall be landscaped
and the landscaping shall be dispersed throughout the paved area.
The VUA landscaping shall only be required for uses that have more
than twenty_(20) parking spaces. This section shall not apply to
parking lots that are used for the sole purpose of selling vehicles.
b. The VUA landscaping shall contain a variety of trees and be
dispersed in the form of planting islands or peninsulas throughout
the VUA. The minimum size of DlantinR areas shall be eighty 80
square feet.
c. Planting_ islands within the VUA shall be required at the end of
every other parking row, when parking rows are provided in the
interior portions of the parkin lot. ot. (Illustration #1)
Illustration #1
d. All planting islands shall be planted with grass, low ground cover,
shrubs, flowers, or any combination of these. Hard surfaces or gravel
are not permitted.
M,
302
e. All planting islands shall have a minimum of 6" curbs installed to
protect the planting area from vehicular traffic.
f. All plant material (other than grass, or ground cover) located within
landscape islands where vehicle overhangs are needed shall be
setback a minimum of 2'6" from the edge of pavement or face of
curb.
3. Sign Landscaping. Landscaping shall be located around the base of free-
standing signs. The landscaping shall be ornamental in nature with shrubs,
flowers and other ornamental plant materials. Sign landscapin is s not
required for free-standing signs permitted before the adoption of this
ordinance. The amount of landscape area required shall be one square foot of
landscape area per one square foot of sign area. At least fifty (50) percent of
the required landscaping area shall be planted with trees and/or shrubs.
4. Building Landscaping. Anv blank facade or portion of a facade of a buildin
that is not used for outdoor display, storage or loading/unloading shall be
required to provide the following landscaping if the wall is visible from a
public right-of-way. Blank facades shall be classified as any wall that does
not have windows used for display or entry doors for employees or the
general public. Buildings, which are 10,000 square feet or smaller shall be
exempt, form the requirements of this section.
a. Trees shall be provided on an average of at least one tree per 40
linear feet of blank fagade as defined above and shrubs shall be
provided on an average of at least one shrub per ten (10) linear feet
of blank fagade. This landscaping is not required to be placed in a
linear design. but shall be reauired to be dispersed throughout the
length of the building fagade.
b. Facades that abut VUA's shall have a minimum eight (8) feet wide
planting area. This planting area can be reduced by four 4) feet if
sidewalks are installed.
(E) Screening requirements. The necessity of screening and the type of screening
required variesrg eatly 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 screening necessary, with the
following provisions:
5. Required screening, height limits. Screening shall be required and
adequately maintained in the following situations:
a. Where a business zone abuts a residential zone, a screen will be
required along the boundary of the business property adjacent to
the residential property.
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 property.
c. Where a business or industrial zone abuts a county residential
zone, a screen will be required along the boundary of the
adjacent residential zone.
1. Where on any lot, or portion thereof, automobiles,
appliances and their component parts are under
repair or reduction, a screen shall be required.
2. Off-street parking lots shall be screened when
located adjacent to or in a residential zone.
3. Mobile home parks shall provide a screen along
their property lines as required by section 126-69(5).
4. Fences in a residential zone, which may be placed
along a bound f
or the purpose of providing
privacy or security to the resident, shall follow the
following height limitations: (Illustration #2)
303
i. Front yard: Four feet.
ii. Fences shall be of a decorative design, (chain
link, barbed wire, stock wire, chicken wire and
similar type fences are not permitted).
iii. Side yard: Six feet.
iv. Rear yard: Eight feet.
Illustration #2
6. For the purpose of this section "fence" shall be interpreted to include
any We of fence wall trellis or structure placed for the purpose of this
section.
All fences shall be constructed of durable materials and shall be
installed to withstand the elements. Fences shall be maintained in good
repair at all times.
8. Uses specified above as requiring screeningshall provide a visual
obstruction from adjacent properties in conformance with the following
standards: The screen mgy be composed of view -obscuring vegetation,
wall fence or berm. The items may be used individually or in
combination. Fences constructed of chain link, barbed wire, stock wire,
chicken wire or other similar We fences are not permitted when used
for screening. The result shall be semi-opaque (80%) screen, which
obscures views from the ground to a height of the object being; screened;
however, the screen is not required to exceed eight (8) feet. Plant
materials shall be at least two (2) feet tall at the time of installation and
reach the desired height within three (3) to five (5) years. When a
combination of features is proposed, one fourth of the surface area of a
walls fences or berms that face off-site must be covered with plant
material within three (3) to five (5) years. Additionally, screen areas
shall be sufficient to allow for the mature growth of plant materials
when used.
9. Plan approval. The procedure to determine screening height, type and
width is as follows: 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.
(F) Enforcement
1. Inspections will be conducted by the City_of Paducah planning office after
installation of landscaping to assure compliance with the submitted and
approved Site Plan.
2. The removal or destruction of landscape material previously approved by the
City shall constitute a violation of the Zoning Ordinance. Replacement of
landscape material shall be of like size as that which was removed or destroyed.
3. Violation of this chapter shall be grounds for the refusal of a Certificate of
Occupancy,quire replacement of landscape material, and/or will subject those
in violation to established fines and penalties of the Zoning Ordinance.
(G) Waiver of Requirements
The Planning Commission shall have the authority to grant a waiver of any of the
requirements in this Section upon written request, which outlines the rationale for
the waiver. The Planning Commission shall review each written request and grant a
waiver only: under unusual or extreme circumstances which cause an unreasonable
hardship such as the size of the lot; or, when an innovative or alternative approach
can be made which still meets the intent and per ose of this Section.
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, an 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 KIR
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, November 23, 2004
Adopted by the Board of Commissioners January 11, 2005
Recorded by Tammara S. Brock, City Clerk, January 11, 2005
Published by The Paducah Sun, January 18, 2005
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