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HomeMy WebLinkAbout2002-5-6501261 ORDINANCE NO. 2002-5- (050 AN ORDINANCE AMENDING SECTIONS 126-3, DEFINITIONS AND 126- 64(b), LOTS 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 126-3, Definitions, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: "SECTION 126-3, DEFINITIONS. Accessory building and rise. A subordinate building located on the same lot with the principal building, or a subordinate 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 principal building in a substantial manner as by a roof, such accessory building shall be counted as part of the principal building. Local public utility, communication, electric distribution and secondary power lines, gas, water and sewer lines, their supports and poles, guy -wires, small transformers, wires or cables and incidental equipment and public telephone booths are considered accessory buildings or structures. 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. Alley. A permanent public service way providing a secondary means of access to abutting lands. Arterial highway strip commercial. Commercial uses which front on the designated U.S. highways in either the B-1 or the HBD zone classifications. Automobile service station. An establishment with the primary business function of the retail sale of gasoline for passenger car use, and the minor service and repair work incidental to the operation of passenger automobiles. Block frontage. All the property fronting on one side of a street between intersecting streets, or between a street and a right-of-way of a dead-end street or city boundary, measured along the street line. Board. The Paducah City Board of Adjustment, Paducah, Kentucky. Building. Any structure having enclosed space and a roof for the housing or enclosure of persons, animals or chattels. " ineludes the word "stmet"e" 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. Building, detached. A building having no party wall in common or structural connection with another building. Building, front line of. The line of the face of the building nearest the front lot line. Building, height of. 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 roof, or to the mean height level between eaves and ridges for gable and hip or gambrel roofs. 262 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 lot line. Building, nonconforming. A legally existing building which fails to comply with the regulations set forth in this chapter applicable to the zone in which this building is located. Building, 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, �L such accessory building will be counted as a part of the principal building. Building, semidetached. A building having one party wall in common with an adjacent building. 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. Campground. Any area or tract of land used to temporarily accommodate two or more camping parties, including cabins, tents, house trailers, or other camping outfits. 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. Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. City. The City of Paducah, Kentucky. 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. Commission. The Paducah City Planning Commission. 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 imposed in the zoning regulations. 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: (1) A statement of the factual determination by the Board of Adjustment which justifies the issuance of the permit. J (2) A statement of the specific conditions which must be met in order for the use to be permitted. Convalescent or nursing home. An establishment which provides full-time convalescent or chronic care, or both, for four 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 263 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. Corporation Counsel. The Corporation Counsel of the city or any assistant or special corporation counsel of the city. County. The County of McCracken, Kentucky. 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. 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 length of an inner court is its greatest horizontal dimension measured at right angles to its width. 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. Development plan. Written and graphic material for the provision of a development plan, including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, ways, parking facilities, signs, drainage of surface water, access points, a plan for screening or buffering, utilities, existing manmade and natural conditions, and all other conditions agreed to by the applicant. Dwelling. A building, or portion thereof, used primarily for residential occupancy, including one -family and multiple dwellings, but not including hotels, motels or tourist homes. Dwelling, assisted care. A building, or portion thereof, and consisting of five or more bedrooms, used for residential occupancy by a group. The dwelling is characterized by renters with separate bedrooms for sleeping and that there are shared common areas for reception, recreation, living, cooking, laundry and the like. The unit is further signified by the presence of an employee(s) that provide various services such as housekeeping, maintenance, cooking, security, personal care, and transportation. This definition is distinguished from, and is intended not to conflict with KRS 100.982 and 100.984. Dwelling, multiple. A building, or portion thereof, used for occupancy by three or more families living independently of each other. Dwelling, one family. A building used for residential occupancy by one family. Dwelling, two-family. A building, or portion thereof, used for occupancy by two families living independently of each other, Dwelling unit. A dwelling, or portion of a dwelling, used by one family for cooking, living and sleeping purposes. Educational institution. A preprimary, primary, or grammar, public, parochial or private school; a high school, preparatory school or academy, public or founded or owned or conducted by or under the sponsorship of a religious or charitable organization, a private preparatory school or academy furnishing courses of instruction substantially equivalent to the courses offered by public high schools for preparation of admission to colleges or universities which award BA or BS degrees; a junior college or university, public or founded or conducted by or under the sponsorship of a religious or charitable organization; or a private school when not conducted as a commercial enterprise for the profit of individual owners 264 or stockholders. This definition shall not be deemed to include trade or business schools as defined in this section. Effective date hereof. Date of the adoption of this chapter [October 26, 1976]. Enforcement officer. The Building Inspector of the city. 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 be deemed to include servants. Fence. A man-made structure consisting of wood, metal, wire, mesh, masonry or other man-made material. Floor area ratio. The floor area of the building divided by the area of the lot. 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 rented for vehicles of other than occupants of the building to which such garage is accessory. Garage, public. Any building or premises, except those defined 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 remuneration, hire or sale. Groundfloor area. The square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior stairways and secondary stairways. 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, tourist home or animal hospital be construed to be a home occupation. Hospital. Includes sanitarium, preventorium and clinic, provided such institution is operated by or treatment given under the direct supervision of a physician licensed to practice by the State of Kentucky. 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 contradistinction to a lodging house. Industrial, 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. Industry, light. Those industries whose processing of products results in none of the conditions described for heavy industry. 265 Junkyard. 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; or used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom. Kennel. Any lot or premises on which dogs or small animals are kept for commercial or sale purposes. A noncommercial kennel at, in or adjoining a private residence where hunting or other dogs are kept for the hobby of the householder (i.e., hunting, tracking or exhibiting) or for guarding or protecting the householder's property is permitted in residential zoning districts, provided that such dogs or small animals do not constitute a nuisance to the neighborhood. Loading and unloading berths. The off-street area required for the receipt of or distribution by vehicles of material or merchandise, which in this chapter is held to be a 12 -foot by 50 -foot loading space with a 14 -foot height clearance, paved with a suitable dust preventative or hard surface. Lodging house. A building with more than two but not more than ten guest rooms where lodging with or without meals is provided for compensation. Lot. A piece, 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 including the open spaces required under this chapter, and having its principal frontage on a street. The word "lot" includes the word "plot" or "parcel." Lot, corner. A lot at a junction of and fronting on two or more intersecting streets. Lot coverage. The percentage of the lot area covered by the building area. 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 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 feet from a street is to be considered as adjoining the street. Lot, interior. A lot other than a corner or through lot. 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, the line designated in deed or subdivision requirements or, if no such requirements are provided, the line designated by the property owner at the time he seeks a building permit on the lot. 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 feet in length within the lot, parallel to and at the maximum distance from the front lot line. Lot line, side. Any lot boundary line not a front lot line or a rear lot line. Lot, through. A lot having frontage on two parallel or approximately parallel streets, Lot width. The dimension of a lot, measured between side lot lines at the building setback line. Manufactured home. A single-family dwelling unit constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, and manufactured after June 15, 1976, which is designed to be transported across streets and highways to a point of use, and is equipped with the necessary service connections, and includes the plumbing, heating, air conditioning and electrical systems contained therein, and made so as to be readily movable as a unit or units. For the purpose of this chapter, the term "manufactured home" is synonymous with "modular home." 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. 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 building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park. Occupied. As applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied." Parking area, public. An open area, other than a street or alley, designed for use or used for the temporary parking of four or more motor vehicles when available for public use, whether free or for compensation or as an accommodation for clients or customers. Parking space (off-street). An off-street space accessible from a street or alley with a minimum width of ten feet. The minimum length of such space shall be contingent upon the degree or angle of the space and the maneuverability area required. As a guide to establishing a minimum length, the Commission shall refer to Illustration No. 1 in the appendix immediately following this chapter. Person. Includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Personal and convenience services. Businesses offering services such as barbershops, beauty shops, laundromats, laundry and dry cleaning pickup and delivery stations (but excluding actual laundry operations), and similar uses. Place. An open, unoccupied officially designated space other than a street or alley, permanently reserved for use as the principal means of access to abutting property. Planting screen or landscape screen. A completely 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 aboveground when planted of not less than five feet and planted at intervals of not More than eight feet on center. The low-level screen shall consist of evergreen shrubs having an initial height aboveground when planted of not less than two feet and spaced at intervals of not more than four feet on center. The low-level screen shall be planted in alternating rows to produce a more effective barrier. Professional office. Offices of members of recognized professions such as physicians, surgeons, lawyers, engineers, dentists and architects. 266 267 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 or traffic directions or regulations for other governmental purposes shall not be included herein. Street. A right-of-way, other than an alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. Structure. n yfli ,, enst,. eted e. e eetea ._h eh_requires leeatien on the ,,,.,,tm Means anything constructed or made, the use of which requires permanent location in or on the ground or attachment to something having a permanent location in or on the ground including buildings and signs. Structural alteration. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the exterior walls or the roof. Tourist home. A building in which more than one but not more than five guest rooms are used to provide or offer overnight accommodations for transient guests for compensation. Town house. A single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent building and/or buildings by party walls or are located immediately adjacent thereto with no visible separation between walls or roofs; all of which dwellings may be located on individual and separate lots if individually owned, or upon a single lot if under common ownership. Each town house unit shall be capable of separate ownership. The construction of a town house structure across an existing lot line shall not be deemed to abrogate that line. Town house structure. A building consisting of two or more noncommunicating attached one -family units placed side by side, having a common wall between each adj acent dwelling unit. Side lot line requirements of a town house structure shall apply only at the extreme ends of such structure. Trade or business school. A 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, or a school conducted as a commercial enterprise for teaching 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 an educational institution as defined in this section. Use. The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment. 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 chapter applicable to the zone in which such use is located. Use, open. The use of a lot without a building or including a building incidental to the open use with a ground floor area equal to five percent or less of the area of the lot. Used. As applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied." Variance, dimensional. Departure from the terms of the zoning 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 ._.__. :._ ._ :_ _ , ... I..i_, :._ .: I is _ ,_ . i - L_.. I ,:.:, In.. MEN not as a result of the action of the applicant, the literal enforcement of the zoning regulations would result in unnecessary and undue hardship. Vision clearance on corner lot. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of two and one-half and 12 feet above established grade, determined by a diagonal line connecting two points measured 15 feet equidistant from the street right-of-way corner along each property line. Wall, retaining. A physical barrier necessary to prevent the erosion and/or deterioration of an established elevation. Yard. A space on the same lot with a principal building, open, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar structures, and unobstructed by structures, except as otherwise provided in this chapter. 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. 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, the depth of which is the least distance between the rear lot line and the parallel line. Yard, side. A yard bounded by the rear yard, the front yard, the side lot line and the principal building. Zoning map or map. The zoning map of the city." SECTION 2. That Section 126-64(b), Lots, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: I J "Section 126-64. Lots. a) Reduction of lot size. No lot, even though it may consist of one or more adjacent lots in the same ownership at the time of passage of this chapter, shall be reduced in size so that lot width or size of yards or lot area per family or any other requirement of this chapter is not maintained. This section shall not apply when a portion of a lot is acquired for public purpose. b) Multiple principal structures on a lot. Only one principal being structure and its customary accessory buildings structures may hereafter be erected on any one lot, except where more than one principal buildi structure may be allowed as provided for in section 126-176 with a development plan. c) Public street frontage. Unless otherwise provided in this chapter, no building shall be erected on a lot which does not abut for at least 25 feet on a public street. d) Existing lots. At the time of the enactment of this chapter, 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. e) Variances to setback lines. Front yard setback lines may be varied where the average depth of principal buildings on adjoining properties is less than the depth prescribed elsewhere in this chapter. In such case, the front yard in question shall not be less than the average depth of existing front yards on the two lots immediately adjoining. SECTION 3. 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 4. To comply with judicial instructions in a timely fashion an emergency is hereby declared to exist and this ordinance shall become effective immediately with one reading ATTEST: Tammara S. Brock, Asst. City Clerk 269 Introduced and adopted by the Board of Commissioners May 7, 2002 Recorded by Tammara S. Brock, Asst. City Clerk, May 7, 2002 Published by The Paducah Sun, / \winword\ord\plan\zone\126-3 & 126-64(b