HomeMy WebLinkAboutOrdinances Book 14, Page 507, No Ordinance Number507
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AN ORDINANCE APPROVING THE FILIAL REPORT OF THE PLANNING ARID
ZONING COPIrtNISSION OF THE CITY OF PADUCAH AND MUNICIPAL AREA, McCRACKEit
COUNTY, KENTUCKY, Oil THE PROPOSED REVISION OF AN ORDIIIANCE ENTITLED
"AAI ORDINANCE APPROVIUG THE FINAL REPORT OF THE CITY PLANNING A_JD
ZONI11G COM1.1IS3ION RESPECTING THE ESTABLISIMEiIT OF ZOITES AND DISTRICTS
I
AND THE ADOPTION OF RULES, REGULATIONS AND RESTRICTIONS PURSUANT TO
CHAPTER. 100 OF THE KENTUCKY REVISED STATUTES; CREATING !,.D RE-ESTABLISH- i
ING THE PLANNING AND ZO rIITG COi,.EMISSIOI: OF TIE CITY OF PADUCAH A`JD
IUIT ICIPAL AREA, i'iCCRACKRT COUNTY, KENTUCKY AND THE BOARD OF ADJUSTi!r,i?T
I
OF THE CITY OF PADUCAH AMID i'iUiICIPAL AREA, 11cCRACICEN COUNTY, KENTUCKY; j
y
REGULATING AND RESTRICTING THE HEIGHT, ilUi+IBER OF STORIES AND SIZE OF j
BUILDINGS AND OTHER STRUCTURES, THE ERECTIO,I, CONSTRUCTION, RECOIL- IJ
STRUCTIOil, ALTERATIOII OR REPAI R OF BUILDINGS AMD STRUCTURES, THE SIZE
OF YARDS AHD OTHER OPEid SPACES, THE DENSITY OF POPULATION AND THE
LOCATION AND USE OF BUILDINGS, STRUCTURES AND LANDS FOR TRADE,
INDUSTRY, RESIDENICE AND OTHER PURPOSES; DIVIDING THE CITY INTO ZOITES
OR DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY B; BEST SUITED
TO CARRY OUT SAID REGULATIONS AND RESTRICTIONS; PROVIDING FOR THE
ADIAIIIIIISTRATION AND ENFORCEPENT OF THE PROVISIONS HEREOF; AND PRE-
SCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREOF," WHICH
WAS PASSED BY THE BOARD OF COI.L.'IISSIONERS OF THE CITY OF PADUCAH,
KEiNTUCKY ON APRIL 8, 1952, AiiD REVISING AND ARIENDING SAID ORDIbIANCE.
WHEREAS the Planning and Zoning Corimission of the City of
Paducah and Municipal Area, McCracken County, Kentucky has submitted
to the Board of Commissioners of said City a final -report in the form
of the resolution hereinafter referred to, respecting the revision of
the Paducah Zoning Ordinance, the full title of which is set forth in
the title hereof, and
I
WHEREAS said final report was adopted after a public hearing, I
and proceedings conducted in conformity with law, and
WHEREAS the proposed revision of said Ordinance appears
advisable and would be in the interest of the public health, welfare, j
morals and safety of the citizens of said City, i
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COi•I1,-IIS3IOJ1 ERS OF
THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That a resolution adopted by the Planning and
'i
Zoning Commission of the City of Paducah and idunicipal Area, McCracken j
County, Kentucky on May 31, 1961, entitled "A RESOLUTION CONSTITUTING �
THE FINAL REPORT OF THE PLANNING AND ZONING COi-R-IISSION OF THE CITY OF
i
PADUCAH ARID MUNICIPAL AREA, McCRACL'EN COUNTY, KENTUCKY, ON THE PROPOSED
REVISION OF THE PADUCAH ZONING ORDINANCE", shall be, and it is hereby,
approved as the final report of said Commission respecting the matters
therein set forth.
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SECTION 2. That the Ordinance passed by this Board on April
8, 1952, containing the title quoted in the title hereof, and the map
attached thereto, as referred to in Section 13 thereof, shall be, and
they are hereby, revised and amended, so that in their amended forms
they will read and appear in words and figures as follows:
"PADUCAH ZONING ORDINANCE- 1961
TABLE OF CONTENTS
SUBJECT
PAGE
NUMBER
TITLE I
- APPROVAL OF FINAL REPORT ------------------------------------
1
S1.
Resolution --------------------------------------------------
1
S2.
Purpose -----------------------------------------------------
2
TITLE II
- GENERAL PROVISIONS -----------------------------------------
2
S3.
Short Title -------------------------------------------------
2
S4.
Definitions -------------------------------------------------
2
S 5.
Buildings and Uses Affected ---------------------------------
9
S 6.
Continuance of Nonconforming Buildings and Uses -------------
9
S 7,
Amortization of Nonconforming Uses or Buildings -------------
10
S 8.
Nonconformance Due to Reclassification ----------------------
11
S 9.
General Use Provisions (including Off -Street Parking,
Loading and Unloading Berths) -----------------------------
11
S 10.
General Height Provisions -----------------------------------
15
S11.
General Area Provisions -------------------------------------
16
S 12.
Special Exceptions ------------------------------------------
17
(Figure 1, at end'of ordinance)
S 13,
Neighborhood Development Unit -------------------------------
19
TITLE III
- ZONES -----------------------------------------------------
21
S 14.
Establishment of Zones --------------------------------------
21
S15.
`Lone Boundaries ---------------------------------------------
21
TITLE IV
- CONSERVANCY ZONE REGULATIONS -------------------------------
22
S16.
C-1 Conservancy Zone ----------------------------------------
?2
TITLE V -
RESIDENTIAL ZONE REGULATIONS --------------------------------
22
S17.
R-1 One -Family Zone -----------------------------------------
22
S18.
R-2 One -Family Zone -----------------------------------------
25
S19.
R-3 Two -Family Zone -----------------------------------------
26
S 20.
R-4 Multiple Dwelling Zone ----------------------------------
27
S 21.
Special Residences ------------------------------------------
29
TITLE VI
- BUSINESS ZONE REGULATIONS ----------------------------------
30
S 22.
B-1 Neighborhood Business Zone ------------------------------
30
S23.
B-2 Downtown Business Zone ----------------------------------
34
S24.
B-3 General Business 'Lone -----------------------------------
36
S 25.
B-4 Commercial Zone -----------------------------------------
37
S 26.
B-5 Shopping Center Zone ------------------------------------
39
10
509
TITLE VII
- INDUSTRIAL ZONE REGULATIONS ------------------------------
40
S 27.
ISI -1 General Industrial Zone --------------------------------
40
S 2$.
M-2 Industrial Zone ----------------------------------------
46
S 29.
M-3 Heavy Industrial Zone ----------------------------------
146
TITLE VIII - EXCEPTIONS AND MODIFICATIONS ----------------------------
48
S 30.
Uses: Public Utilities and Public Services ----------------
48
S31.
Height -------------------------=---------------------------
4$
S 32. Area and Yards ------------------------------------------------
49
TITLE IX
- ADiI NISTRATION AND ENFORCEiZ'AIT----------------------------
51
S 33.
Building Permit --------------------------------------------
51
S 34.
Certificate of Occupancy -----------------------------------
52
S 35.
Enforcement ------------------------------------------------
53
S 36.
Unassigned -------------------------------------------------
54
S 37.
Filing Fees ------------------------------------------------
54
TITLE X -
C01,11ISSION-------------------------------------------------
54
S 38.
Organization ------------------------------------------------
54
S 39.
Powers of Commission ---------------------------------------
54
TITLE XI
- BOARD OF ADJUST11VENT----------------------------------------
54
S 4A.
Organization -----------------------------------------------
54
S 41.
Powers of the Boa -rd ----------------------------------------
55
TITLE :CII
- AMEND;•IENTS TO ORDINAAICE AND DL4P--------------------------
55
S 42.
Procedure --------------------------------------------------
55
S 43.
Filing Fees ------------------------------------------------
55
TITLE XIII - VALIDITY AND ADOPTION -----------------------------------
56
S 44.
Conflict with Other Ordinances -----------------------------
56
S 45.
Severance Clause -------------------------------------------
56
S 46.
Effective Date ---------------------------------------------
,56
AN ORDINANCE APPROVING THE FINAL REPORT OF THE CITY PLANNING AND ZONING COM- I
1JISSI OI RESPECTING THE ESTABLIS111ENT OF ZONES AND THE ADOPTION OF RULES,
!i
REGULATIONS AND RESTRICTIONS PTR SUAHT TO CHAPTER 100 OF TIM I{ENTUCI{Y REVISED
i
STATUTES; CREATING AND RE-ESTABLISHING THE PADUCAII-McCRACKEN COUNTY PLANNING II
C01•51ISSION AND THE PADUCAH-McCRACIEN COUNTY BOARD OF ADJUSTPIENT; REGULATING
AND RESTRICTING THE HEIGHT AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE II
ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION OR REPAIR OF BUILDINGS AND
STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, THE DENSITY OF POPULATIOI?
AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LANDS FOR TRADE, INDUS-
TRY, RESIDENCE Ai?D OTHER PURPOSEZ; DIVIDING THE CITY INTO ZONES OF SUCH -,dUAl-
DER, SHAPE AND AREA AS MAY BE BEST SUITED TO CARRY OUT SAID REGULATIONS AND
RESTRICTIONS; PROVIDING FOR TILE AD-KIIQISTRATION ARID ENFO RCEP-1ENT OF THE PROV-
ISIONS HEREOF; AND PRESCRIBING PENALTIES FOR TIE VIOLATIOII OF THE PROVISIO':S ";�
HEREOF.
510
PRE, A15BLE
WHEREAS the City Planning and Zoning Commission of the City of Paducah, Kentuc
has submitted to the Board of Commissioners of said City a final report, in the
formof the resolution hereinafter referred to, respecting the matters set forth
in the title hereof, and
WHEREAS said final report was adopted after a public hearing, notice of which
was duly given as provided by law, and
1lHEREAS the public health, welfare, morals and safety of the citizens of said Ci�y
will be protected, promoted and benefited by the adoption of this ordinance, as "s
more fully set forth in Title 1, Section 2, hereof,
NOW THEREFORE, BE IT ORDAIIIED BY THE BOARD OF COI.91ISSION RS OF THE CITY OF
PADUCAH, KENTUCKY:
TITLE I - APPROVAL OF FINAL REPORT OF CITY PLANNING A IIT D ZONING M-IIIISSION-
PURPOSE.
SECTION 1. A resolution adopted by the City Planning and Zoning Commission
of the City of Paducah, Kentucky, on I -larch 21, 1952, entitled: "A RESOLUTION
CONSTITUTING THE FILIAL REPORT OF THE CITY PLAN -1111M AIM ZONING COIJiIISSION
RESPECTING THE ESTABLISHI•M I?T OF ZONES WI'TIIIN THE CITY OF PADUCAH, THE PRO-
MULGATION OF RULES, REGULATIONS AND RESTRICT-s0i;5 :•TITH RESPECT TO HEIGHT
OF BUILDINGS, SIZE OF YARDS, DENSI^lY OF POPULATIOI'I, USE OF BUILDIicGS AND
LAND, COIISTRUCTION OF BUILDIidGS, ETC. ARID VARIOUS OTHER PJATTERS AFFECTING
ZONING WITHIN THE PURVIEJ OF CHAPTER 100 OF THE IO;i,ITUCKY REVISED STATUTES"
is hereby approved as the final report of said Commission respecting the matter,-
therein
atter:therein set forth.
SECTIOII 2. The zoning regulations and districts as herein set forth are
made in accordance with a comprehensive design in order that adequate light,
air, convenience of access, and safety from fire, panic and other danger may
be secured; that congestion in the public streets may be lessened or avoided;
and that the public health, safety, comfort, morals, convenidnce and general
public welfare may be promoted. They are made with reasonable regard to
existing conditions, the character of buildings erected in each district, the
most desirable use for which the land in each district may be adapted and the
conservation of property values throughout the City.
TITLE II - GEiERAL PROVISIOIIS
SECTIOII 3. Short Title. This ordinance shall be known and may be cited
as "Paducah Zoning Ordinance - 1961."
SECTION 4. Definitions. In this ordinance words used in the present tense
include the future and vice versa; the singular includes the plural and the
plural the singular, and the word "lot" includes the word "plot". The word
"shall" is mandatory; the word "used" includes "designed" or "intended to be
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used". Unless otherwise specified, all distances shall be measured horizontally',
in any direction. The following terms, unless a contrary meaning is required bl)
the context- or is specifically prescribed, shall have the meanings indicated:
I
1. Accessory Building and Use - A subordinate building located on the same
lot with the main building, or a subordinate use of land, either of which
is customarily incident to the main building or to the prinicpal use of thelI
land. 11
:'there a substantial part of the wall of an accessory building is a part of
the wall of the main building or where an accessory building is attached to
the main building in a substantial manner as by a roof, such accessory
building shall be counted as part of the main building.
Local public utility communication, electric distribution and secondary
power lines, gas, water and sewer lines, their supports and poles, guy-wirei,
small transformers, mire or cables, and incidental equipment and public J
telephone booths.
2. Accessory Living Quarters - Living quarters within an accessory building,
for the sole use of persons employed on the premises; such quarters having
no kitchen facilities and not rented or otherwise used as a separate dwell
3. Alley - A permanent public service bray providing a secondary means of acc
to abutting lands.
4. Apartment Hotel - A building or portion thereof used for or containing both
individual guest rooms or suites of rooms and dwelling units designed for
more or less temporary occupancy.
5. Block Frontage - All the property fronting on one side of a street between
intereecting or intercepting streets or between a street and a right-of-way
end of dead-end street or city boundary measured along the street line.
6. Board - The Paducah -McCracken County Board of Adjustment, City of Paducah,,
Kentucky.
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7. Building - Any structure having a roof supported by columns or walls for the,
housing or enclosure of persons, animals or chattels. :then any portion the -le -
of is completely separated from every other portion thereof by a division
?I
wall without openings then each such portion shall be deemed to be a separate
i
building.
8. Building, Detached - A building having no party wall in common or
connection with another building.
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9. Building, Front Line of - The line of the face of the building nearest- the
front lot line.
10. Building, Height of - The vertical distance measured from the adjoining culb
grade at a point opposite the center of the principal frontage of the
building to the highest point of ceiling of the top story in the case of a flat
roof; to the deck line of a mansard roof; and to the mean height level
between the eaves and ridge of a gable, hip or gambrel roof. .,There buildings
are set back from the street line, the height of a building may be measured
from the average elevation of the finished lot grade at the front of the
buulding.
11. Building, Nonconforming - A legally existing building which fails to comp:
with the regulations set forth in this ordinance applicable to the district
in which this building is located.
12. Building Principal - A building in which is conducted the main or principes:
use of the lot on which said building is situated. Uhere a substantial
part of an accessory building is attached to the principal building in a
substantial manner, as by a roof, such accessory building shall be counted
a part of the principal building.
13. Building, Semi-detached - A building having one party wall in common with
an adjacent building.
14. Building Area - The maximum horizontal projected area of the principal and
accessory building, excluding open steps or terraces, unenclosed porches n(
exceeding one story in height, or architectural appurtenances projecting
not more than two (2) feet.
15. 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.
lo. Business - The engaging in the purchase, sale, barter or exchange of
goods, wares, merchandise or services, the maintenance or operation of
offices, or recreational and amusement enterprises.
17. Camp Ground - Any area or tract of land used to accommodate 'two or more
camping parties, including cabins, tents, house trailers, or other
camping outfits.
18. 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
19. City - The City of Paducah, Kentucky.
20. Clinic or Medical Health Center - An establishment where patients are
admitted for special study and treatment by 'two or more licensed physician
and/or dentists and their professional associates, as distinguished from a
"Professional Office" for general consultation purposes.
as
21.
22.
23 .
513
Commission = The Paducah -McCracken County Commission, City of Paducah,
Rentucky.
Corporation Counsel - The Corporation Counsel of the City of Paducah
or any Assistant or Special Corporation Counsel of said City,
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. II
24. 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 dimensio
measured at right angles to its width.
25. Court, Outer - A court which opens on any yard on the lot or which ext
to any street line of the lot. The width of any outer court is its lea
horizontal dimension measured between opposite walls. The depth of any
outer court is its greatest horizontal dimension measured at right angl
to its width,
26. Dwelling - A building or portion thereof, used primarily for residenti,
occupancy, including one -family, two family and multiple dwellings, but
not including hotels, motels, lodging or boarding houses or tourist
homes,
27. Dwelling, One -Family - A building used for residential occupancy by one
family.
2$. Dwelling, Two -Family - A building (other than a row dwelling) used for 11
occupancy by two families living independently of each other.
29. Dwelling, I•Iultiple - A building (other than a row dwelling) or portion
thereof used for occupancy by three or more families living independent)
of each other.
30. Dwellinp,?iow - A building used for residential occupancy by one family
having a party wall on one or two sides in common with a similar build-
ing or buildings, fronting on a street, and constituting a part of a j
r
series of two or more such buildings.
31. Dwelling Unit - A dwelling or portion of a dwelling or of an apartment',
hotel used by one family for cooking, living and sleeping purposes.
i
32. Educational Institution - Preprimary, primary or grammer, public,
parochial or private school; high school, preparatory school or academy,:
public or founded or owned or conducted by or under the sponsorship of a
religious or charitable organization; private preparatory school or
academy furnishing courses of instruction substantially equivalent to j
i
the courses offered by public high schools for preparation of admission,)
to college or universities which award B.A. or B.S. degrees; junior
college, college or university, public or founded or conducted by or j
under the sponsorship of a religious or charitable organization; or
514
private school when not conducted as a commercial enterprise for the profit
of individual owners or stockholders. This definition shall not be deemed
'to include trade or business schools as defined in this Section.
33. Effective Date Hereof - April 17, 1952
34. Enforcement Officer - The Building Inspector of the City of Paducah, ICentuc
35. Executive Secretary - The Executive Secretary of the Commission.
36. Family - One or more persons living as a single housekeeping unit, as
distinguished from a group occupying a hotel, club, fraternity or corority
house. A family shall be deemed to include servants.
37. Garage, Private - A detached accessory building or portion of a main buildi
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 garag
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.
3$. 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 remuneratio.
hire or sale.
39. Grade, Curb - The elevation of the top of the face of the curb as fixed
by the City.
40. Ground Floor Area - The square -foot area of a residential building within
its largest outside dimensions, computed on a horizontal plane at the groun
floor level, exclusive of open porches, breezeways, terraces, garages,
exterior stairways and secondary stairways.
41. Home Occupation of Profession - Any use conducted entirely within a
dwelling and carried on solely by the occupants thereof, which use is clear
incidental and secondary to the use of the dwelling for dwelling purposes
and does not change the character thereof, and in connection with which the
is no displat, no stock=in-trade, or outside storage of equipment nor
commodity sold upon the premises and not more than two (2) persons are
engaged in such occupation. In no event shall a barber shop, beauty parlor
tea room, tourist home or animal hospital be construed to be a home occupa
42. Hospital - Includes "sanitarium," "Sanatorium", "preventorium", "clinic",
provided such institution is operated by, or treatment given under direct
supervision of, a physician licensed to practive by the State of Kentucky.
.LD 43. 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
( t4hich is open to transient guests, in contradistinction to a boarding or
5 5 lodging house.
c
y
515
44. Junk lard - Any place at which personal property is or may be salvaged
for re -use, resale or reduction or similar disposition and is owned,
possessed, collected, accumulated, dismantled or assorted, including,
but not limited to used or salvaged base metal or metals, their compounds]
45.
46.
or conbinations, used or salvaged rope, bags, paper, rags, glass, rubber,11
lumber, millwork, brick and similar property except animal matter; and
used motor vehicles, machinery or equipment which are used, owned or
possessed for the purpose of wrecking or salvaging parts therefrom,
Kennel - Any lot or premises on which four (4) or more dogs, or small
animals, at least four (4) months of age, are kept, i
Loading and Unloading Berths - The off-street area required for the
receipt or distribution by vehicles of material or merchandise, which in
this Ordinance is held to be a twelve (12) foot by fifty (50) foot loading;
space with a fourteen (14) foot height clearance, paved i•rith a suitable
dust preventive or hard surface.
47. Lodting House.- A building with more than two but not more than ten guest[
rooms where lodging with or without meals is provided for compensation.
48. Lot - A parcel, tract or area of land accessible by means of a street
or place, and for residential uses as set forth in this Ordinance, abutti�ig
upon a street or place for at least sixty (60) per cent of the lot width
prescribed for the District in which the lot is located. It may be a
single parcel separately described in a deed or plat which is recorded,
or it may include parts of, or a combination of such parcels when adjacent
to one another and used as one. In determining lot area and boundary
lines no part thereof within the limits of a street shall be included.
49. Lot, Corner - A lot at a junction of and fronting on two or more inter-
. �
setting streets both of which are 20 feet or more in width.
50. Lot, Interior - A lot other than a Corner Lot or Through Lot,
51. Lot, Through - A lot other than a corner lot having frontage on two
parallel or approximately parallel streets. �I
52. Lot CoveraZe - The percentage of the lot area covered by the building area
53. Lot Ground Level - For buildings having walls adjoining one street only,!
the elevation of the sidewalk at the center of the wall adjoining 'the
street; for buildings having walls adjoining more than one street, the
average of the elevation o f the sidewalk at the center of all walls II
adjoining the streets; for buildings having no wall adjoining the street,i
i
the average level of the ground adjacent to the exterior walls of the I
building, Any wall approximately parallel to, and not more than five (5)
feetfrom a street, is to be considered as adjoining the street,
54. 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 a line
separating the narrowest street frontage of the lot from thr street, except
i
in cases where deed restrictions in effect specify another line as the j
516
front lot line.
55. 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 (10) feet in length within the lot, parallel to and at the
maximum distance from the front lot line.
56. Lot Line, Side - Any lot boundary line not a front lot line or a rear
lot line.
57. Lot Width - The dimension of a lot, measured between side lot lines at
the building line.
5$. Modile Home - Any vehicle, including the equipment sold as a part of a
vehicle, which is so constructed as to permit its being used as a con-
veyance upon public streets or highways by either self-propelled or not
self-propelled means which is designed, constructed, or reconstructed,
or added to by means of an enclosed addition or room in such manner as
will permit the occupancy thereof as a dwelling or sleeping place for
one or more persons, which is both used and occupied as a dwelling or
sleeping place having no foundation other than wheels, jacks, skirting,
or other temporary supports.
59. Mobile Home Park - An area of land upon which two or more mobile homes
are harbored for the purpose of being occupied either free or charge
or for revenue purposes, and shall include any building, structure,
vehicle or enclosure used or intended for use as a part of the equipment
of such mobile home park.
60. Parking Area, Public - An open area, other than a street or alley designe
for use or used for the temporary parking of more than four motor vehicles
when available for public use, whether free or for compensation, or as an
accommodation for clients or customers, paved with a suitable dust prevent
or hard surface.
61. Parking Space (Off -Street) - An off-street space accessible from a street
or alley, not less than ten (10) feet wide and a length of nor less than
twenty-two (22) feet for parallel parking, or twenty (20) feet for right
angle parking, or eighteen (1$) feet for 60 degree parking, or seventeen
(17) feet for 45 degree parking, (the latter three lengths being measured
at right angles to the edge of the useable parking area forming the angles
exclusive of passageways.
62. Person - A corporation, firm, partnership, association, organization or
any other group acting as a unit, as well as a natural person.
63. 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.
ve
517
64. Professional Office - Office of members of recognized professions, such
as an architect, artist, dentist, engineer, musician, physician, surgeon,
or other professional person.
65. Sign - Any board, device or structure or part -thereof used for advertising,
I
display or publicity purposes. Signs placed or erected by governmental
agencies for the purposes of showing street names or traffic directions ori
regulations for other governmental purposes shall not be included herein.)
66. Street - A right-of-way, other than an alley, dedicated or otherwise
legally established to the public use, usually affording the principal j
means of access to abutting property.
67. Structure - Anything constructed or erected which requires location on the)
ground or attachment to something having a location on the ground.
68. Structural Alteration - Any change in the supporting members of a buildin•,
such as bearing walls or partitions, columns, beams or girders, or any
substantial change in th_- exterior walls or the roof.
69. 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.
70. Trade or Business School - 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; school conducte
as commercial enterprise for teaching instrumental music, dancing, barberi
or hairdressing or for teaching industrial skills in which machinery is
employed as a means of instruction. This definition shall not be deemed I
to include educational institution as defined in this Sectioh. j
71. Use -The employment or occupation of a building, structure or land for
i
a person's service, benefit or enjoyment.
72. 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 Ordinance applicable to the Zone in which
such use is located. j
73. 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 (5) I
per cent or less of the area of the lot.
74. Variance - A modification of the specific requirements of this Ordinance;)
granted by the Board in accordance with the 'terms of this Ordinance and it
applicable statutes for the purpose of assuring that no property, because'
of special circumstances applicable to it, shall be deprived of privileges
commonly enjoyed by other properties in the same vicinity and Zone, or
or alleviate a hardship cognizable at law.
518
75. Vision Clearance on Corner Lots - A triangular space at the street
corner of a corner lot, free from any kind of obstruction to vision
between the heights of 3 and 13 feet above established grade, determined
by a diagonal line connecting two points measured 15 feet equidistant
from the street corner along each property line.
76. Yard - A space on the same lot with a principal building, open, unoccupiei .
other than by steps, walks, terraces, driveways, lamp posts and similar
structures, and unobstructed by structures, except as otherwise provided
in this Ordinance.
77. Yard, Front - A yard extending across the full width of the lot, the
depth of which is the least distance between the street right-of-way line
and the building line.
78. Yard, Rear - A yard extending across the full width of the lot between
the rear of the principal building and the rear lot line, the depth of
which is the least distance between the rear lot line and the rear of
such principal building. Accessory buildings which do not occupy more
than 30 per cent of the required space may be permitted in a rear yard.
79. Yard, Side - A yard between the principal building and the side lot line,
extending from the front yard or front lot line where no front yard is
required to the rear yard. The width of the required side yard is
measured horizontally, at 90 degrees with the side lot line, from the
nearest part of the principal building.
SECTION 5 Buildings and Uses Affected by Zoning. IJo building or land shall
hereafter be used and no building or part thereof shall be erected, relocated or
altered unless in conformity with the provisions of this ordinance.
SECTION 6 Continuance of Nonconforming Buildings or Uses.
(y A. Nonconforming Buildings or Structures
1. Maintenance Permitted - A nonconforming building or structure may be
maintained, except as otherwise provided in this Section.
2. Repairs and Alterations - May be made to a nonconforming building
or structure.
3. Additions, Enlargements or P=loving
(a) A building or structure nonconforming as to regulations for ,
lot area per dwelling unit shall not be added to or enlarged
in any manner unless such building or structure, including such
addition and enlargement, is made to conform to the area per
dwelling regulations of the zone in which it is located.
(b) A building or structure nonconforming as to height or yard
regulations shall not be added to or enlarged in any manner
unless such addition or emlargement conforms to all the regulat'ons
of the zone in which it is located.
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519
(c) I4o nonconforming building or structure shall be moved in whole
or in part to any other location on the lot unless every
portion of such building or structure is made to conform to all
the regulations of the zone in which it is located.
(d) A building or structure nonconforming as to use regulations mayl
be added to or enlarged, provided (1) that the addition or en-
largement is so erected as to leave front, rear and side yards
I
no smaller than those required by regulations applicable in the
i
zone in which the property is located or no smaller than the
front, rear and side yards existing prior to the erection of the,
addition or enlargement, whichever are smaller, and (2) that the;
addition or enlargement shall conform to all regulations as to
height applicable in the zone in which the property is located,
and (3) that the addition or enlargement has a ground floor
square -foot area not exceeding 30,'o of the ground floor square -
foot area of the building to which it is added, as such building
existed at the time it became nonconforming.
B. Nonconforming Uses of Buildings or Structures
1. Continuation and Change of Use - Except as otherwise provided in this
section:
(a) The nonconforming use of a building or structure, lawfully
existing at the time this ordinance became effective; or enlarge
pursuant to the provisions of Section 6 A 3(d), may be continued
(b) The nonconforming use of a building or structure may be changed
only to a use of the same or more restricted classification.
2. Expansion Prohibited - A nonconforming use of a building or structur
designed for a conforming use shall not be expanded or extended into
any other portion of such conforming building or structure nor
changed except to a conforming use.
SECTIOPI 7. Amortization of Nonconforming Uses or Buildin s
I
A. The nonconforming open use of land shall be discontinued within five (5);I
years from the effective date hereof.
B. Whenever a nonconforming use is discontinued after January 1, 1961, for
a period of twelve (12) consecutive months, such use shall not thereafter
be re-established, and any future use shall be in conformity with the �
provisions of this ordinance.
C. No building damaged by fire, Act of God, or other cause to the extent of'!
more than double its assessed value shall be repaired or rebuilt except
in conformity with the provisions of this ordinance.
520
SECTION 8. Nonconformance Due to Reclassification.
The provisions of Section b and Section 7 also shall apply to buildings,
structures, land or uses which hereafter become nonconforming due to any
reclassification of zones under this ordinance or any subsequent change
in the regulations of this ordinance, and any time periods specified for
discontinuance of nonconforming uses shall be measured from the effective
date of such reclassification or change.
SECTION g. General Use Provisions
1. Conformance and Permits Required
'No building or structure shall be erected, reconstructed, enlarged or
moved for any use other than that which is permitted in the zone in
which such building, structure or land is located, nor shall any buildinE.
structure or land be used for any other use than is permitted in the zone
in which it is located, except as otherriise provided in this ordinance.
11. Zone Group Classification
4Pnenever the terms R zone, B zone, C zone or PI zone are used, they shall
be deemed to refer to all zones containing the same letters in their
names; e.g., 3 zone shall include the B-1, B-2 and B-3, B-4 and B-5 zone.
111. Off -Street Parking
A. Requirements - The following off-street parking shall be provided
free for patrons and satisfactorily maintained by the owner of the
property for each building which is hereafter erected or enlarged
or altered to accommodate a change to a use requiring a greater nuu-mbe
of parking spaces than the e.zisting use under the terms hereof, or
to accommodate an increase in the number of use units provided, for
any of the following purposes:
1. Dwellings
(a) For each one -family or two-family dwelling there shall be one (]
permanently maintained parking space do the same lot for each
dwelling unit.
a
(b) For any building or structure containing three (3) or more
dwelling units there shall be provided one and one-half (l)L)
parking spaces for each unit thereof.
2. For any general auditorium, gymnasium; church; high school, college
or university auditorium; stadium; or other similar place of assembl
there shall be provided at least one (1) parking space for each six (u)
seats provided for its patrons, based on the maximum seating capacity,
including fixed and moveable seats.
For any church there shall be allowed the use of joint parking
facilities in connection with any building or use not normally open,
used, or operated during the prinicpal operating hours of a church,
provided a properly drawn legal instrument is executed by the parties
3.
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521
concerned for the joint use of such off-street, parking facilities, and
consistent with sub -section V1 of this Section, which instrument, duly
approved as to form by the Corporation Counsel, shall be filed with the
application for a building permit.
For any hotel, apartment- hotel, club house, dormitory, fraternity house
or any other similar use or establishment there shall be provided at least
one parking space for each three (3) employees and at least one parking
space for each two (2) sleeping rooms.
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For any dancing, exhibition, labor temple, lodge hall, skating rink or
other assembly hall without fixed seats there shall be provided not less
than one (1) parking space for each 120 square feet of gross floor area
thereof.
5. For any bank, clinic, funeral home, business or professional office, welfa
institution, or any other similar use or establishment there shall be pro-
vided not less than one (1) parking space for each 400 square feet of gros
floor area thereof.
6. For any hospital, sanitarium, convalescent home or any other similar use
establishment, there shall be provided not less than one parking space
for each three (3) beds and bassinettes, or any portion thereof, plus one
parking space for each doctor on the staff, for each three (3) employees,
calculated on the basis of the greatest number of employees at work at
any one time; and each institutional vehicle.
7. For any eating or drinking establishment or any similar use there shall be
provided not less than one (1) parking space for each 125 square feet of
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gross floor area thereof, plus one (1) parking space for each three (3)
i
employees.
8. For any retail store, except a food market, there shall be provided not
less than one (1) parking space for each 200 square feet of sales floor
area thereof, plus one (1) parking space for each three (3) employees.
9. For any food market establishment or any similar use with'a gross floor
area of less than 2500 square feet there shall be provided not less than
one (1) parking space for each 150 square feet of gross floor area thereof,
plus one (1) parking space for each three (3) employees. For each gross ,
floor area in excess of 2500 square feet there shall be one (1) parking
space for each 100 square feet of gross floor area thereof.
10.
11.
For any manufacturing, processing, wholesaling, or any other industrial
use or establishment including any printing or engraving establishment or
any warehouse or storage building there shall be provided one (1) parking
space for each three (3) employees thereof on any one shift.
For any laundromat, launderette, washerette, washeteris, self-service
laundry, or any similar use or establishment under a different name there
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shall be provided one (1) parking space for each two (2) washing machines
or portion thereof.
522
12. For any bowling; alley there shall be provided four (W) parking spaces for
each bowling lane thereof.
13. For any camp ground, mobile home park, or similar use or establishment
there shall be provided one (1) parking space on the same parcel of land
for each individual sleeping or living unit in addition to such unit.
14. For any gasoline, oil or lubricating service station, motor vehicle servi e
and repair establishment, or any similar use there shall be provided not
less than one (1) parking space for each 1,000 square feet of gross plot
plan area thereof,
15. For any automobile washing or cleaning establishment or any similar use
there shall be provided not less than one (1) parking space at the location
of ingress and egress for each 600 square feet of gross floor area thereo .
for any such establishment using the same facility for ingress and egress
� there shall be provided not less than one (1) parking space for each 300
square feet of gross floor area thereof.
B. Distance -Measurements - The distance to any parking space area as herein
required shall be measured between the nearest point of the off-street
parking facility and the nearest point of the building said parking area
or facility is to serve.
C. TIixed Uses - In the case of any use not listed herein, the number of parkin]
spaces required for such use shall be the same as for a similar use which
is listed. In the case of mixed uses in the same building or structure,
the total requirement for off-street parking facilities shall be the sun c
the requirements of the various uses computed separately from the items
set out in this section, and off-street parking facilities for one use
shall not be considered as providing required parking facilities .for any
other use except as hereinafter specified for collective use.
D. Collective Parking Facilities - Nothing in this section shall be construed
to prevent collective provision of any off-street parking facility for to
or more buildings or uses providing, however, that the total number of
off-street parking spaces shall not be less than the sun of requirements
for the various individual uses computed separately, in accordance with tie
terms set out in this section.
E. General - All parking spaces provided pursuant to this section shall be o*
the same lot with the building except that for uses located in the B-2
zone the parking spaces may be provided within 300 feet of such uses.
F. Requirements Waived - The requirements set forhh in paragraphs 3, 5, 6, 7
and 8 first above shall be waived by the Enforcement Officer and Executiv
Secretary, acting jointly, upon their determination that:
1. A building is being erected or altered as a result of destruction by:
Fire, Act of God or other casualty or calamity; or
2. I -Tore than seventy-five (75) per cent of the privately owned lands wit in
523
three hundred (300) feet of (a) a building altered to accommodate a
change to a use requiring a greater number of parking spaces than the
existing use under the terms hereof, or (b) a building altered to
accommodate an increase in the number of use units provided, or (c)
a building to be erected containing less than 30,000 cubic feet, or
(d) a building to be enlarged to the extent of not more than 30 per cent,
I
of its gross floor area as it existed on April 8, 1952, are improved
with buildings regularly occupied and used.
The remaining requirements set forth by this section for off-street
parking spaces shall be subject to action by the Board as provided for
in Section 36.
IV. Loading and Unloading Berths
On the same premises with every building, structure or part thereof,
hereafter erected, established or enlarged and occupied for manufacturing
storage, warehouse, goods displat, department store, wholesale store,
market, hotel mortuary, laundry, dry cleaning or other uses, involving
the receipt or distribution by vehicle of materials or merchandise,
there shall be provided and maintained adequa-re space for standing,
loading, and unloading in order to avoid undue interference with public
use of the street or alley.
One such berth shall be provided for every 20,000 square feet or fraction)
thereof in excess of 3,000 square feet of floor and land area used for
i
above mentioned purposes. These requirements may, upon application, be
modified by the Board where the conditions or circumstances justify such
action, provided it has obtained thereon the recommendation of the Policel
Department, pp
V. Public Parking Area t�M
Every parcel of land which, after the effective date of this ordinance,
is changed to a public parking area, automobile, motor vehicle or trailer
sales or storage area, capable of accommodating five (5) or more vehicles
or automobiles or motor vehicle service station or garage shall:
(a) Where subject to wheeled traffic, be paved with bituminous, concrete
or other all-weather, dust -proof surfacing and shall have appropriat
(b)
bumper guards where needed, and
Be approved by the Enforcement Officer and City Engineer as to desig,
passageways and parking spaces, location and dimensions of entrances
q
and exits, the location and arrangement of illuminating fixtures and,
where such area adjoins a lot in an R Zone, the type, location and 'I
arrangement of a buffer screen between 'the area and the lot in an R
Zone.
:NDE®
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524
VI. Permanency of Spaces Provided
Any off-street parking or loading space established prior 'to the
effective date of this ordinance and which is used or intended to be
used in connection with any main building, structure or use, or any
spaces designed and intended to comply with the requirements of this
ordinance for any such main building or structure erected after such
effective date, shall hereafter be maintained so long as said building
or structure remains, unless the owner provides and maintains in
another location an equivalent number of required spaces in conformanIe
with the provisions of this ordinance.
Any conveyance of such parking or loading space, or transfer of inter st
therein, by 'the owner of the property served thereby without a simult ne
conveyance or transfer of the property served thereb;- to the same
grantee or transferee, or without suitable provision being made in
another location for the maintenance of an equivalent number of re -
LC quired spaces in conformance with the provisions hereof, shall be
unlawful.
e`er SECTION 10. General Height Provision
Height Conformance - Except as hereinafter provided, no building or
structure shall be erected, enlarged, or reconstructed to exceed the
height limit established for the zone wherein such building or structure
is located.
SECTION 11. General Area Provisions
Area Requirements - Except as hereinafter provided, no building or
structure shall be erected on a lot unless such building, structure or
enlargement conforms with the area regulations of the zone in which it
is located.
1. Reduction of Lot Area - No lot area shall be so reduced, diminished
and maintained that the yards, other open space or tptal lot area
shall be smaller than prescribed by this ordinance, nor shall the
density of population be increased in any manner except in conformity
with the regulations herein established.
2. Recorded Lots Less than i-iinimum Area - Lots of record at the time of
the enactment of this ordinance, which have less than the minimum
area requirements for R zones may nevertheless be used for the
following purposes and subject to the following conditions:
(a) In an R-1 Zone, for any use permitted therein, except that for
dwellings the lot must have a width of at least LFO feet, and an
area of at least 4,000 square feet.
525
(b) In R-2 and R-3 Zones, for any use permitted in R-1 Zones and
for two-family dwellings, except that for one -family dwellings
the lot must have a width of at least 40 feet and an area of
3,200 square feet, and for two-family dwellings a width of at I
least 40 feet and an area of at least 4,000 square feet.
3. Yards Apply to Only One Building - No required yard or other open
space around an existing building, or which is hereafter provided
i
around any building for the purpose of complying with the provisions
of this ordinance shall be considered asrovidin
p g a yard or open
space for any other buildings; nor shall any yard or other required
open space on an adjoining lot be considered as providing a yard or
open space on a lot whereon a building is to be erected.
4. Only One Principal BuildinZ On A Lot - Every building hereafter erect
ed shall be located on a lot as herein defined. In no case shall
there be more than one principal building and its accessory buildings
on one lot. Rohr dwellings or multiple dwellings or a group of eithe
under common ownership may be considered as one prinicpal residentia7l
building for the purposes of this subsection.
5. Vision Clearance - In all zones except the B-2 Zone, vision clearanc
shall be provided at all street intersections, j
6. Front Yards On A Throu7h Lot - At each end of a through lot there sh,1 1
be a front yard of the depth required by this ordinance for the zone)
in which each street frontage is located, and one of such front yard
may serve as a required rear yard. A ;
SECTION 12. Special Exceptions / z
1. The Special Exceptions listed in Figure 1 and subsections 4 and 5 of /v -a 7-�q
this Section, and their accessory buildings and uses may be permitted]
by the Board in the Zones indicated therein, in accordance with the A�
procedure and requirements set forth in this Section. 1�°`u°EN'D''r
2. Upon receipt of an application .for a Special Exception, the Board shall
send a copy thereof to the Commission for their information and review r3`�
as to the effect of the proposed Special Exception upon the master pilan,
and the Commission may present its recommendations thereon to the Boaird.
The Board shall then proceed with a hearing on the application in th'
manner prescribed in Section 40. Following the hearing, and upon anj
affirmative finding by the Board that:
(a) The proposed Special Exception is to be located in a Zone wherein
such use may be permitted, and
I
(b) The requirements set forth in Figure 1 and subsections 4 and 5
of this Section for such Special Exception will be met, and
526
(c) The Special Exception is consistent with the spirit, pur-
pose and intent of this ordinance, will not substantially
permanently injure the appropriate use of neighboring prop-
erty, and will serve the public convenience and welfare,
the Board shall grant the Special Exception.
3. An Existing Use which is listed herein as a Special Exception,
and which is located in a Zone in which such Special Exception
may be permitted, is a conforming use. any expansion of such
Special Exception involving the enlargement of the buildings,
strcutures and land area devoted to such use shall be subject
to the procedure described in this Section.
4. Educational Institutions
Land, buildings and structures owned or used at the time of the
enactment of this ordinance for the usual purposes and activitie
of educational institutions as defined in this ordinance, in-
cluding instructional and recreational uses, provision for ex-
hibitions and athletic contests, and provision for living
quarters, dining rooms, restaurants, heating plants and other
incidental facilities for students, teachers and employees,
together with land, buildings and structures hereafter acquired
for such uses by such educational institutions having a location
adjacent to land now so owned or used by such educational
institutions shall be deemed to be conforming uses in the zone
in which the land is located, provided that no building shall be
hereafter erected for such use by any such institution within
30 feet of the boundary line of a lot owned by others in an R zo e.
Adjacent, as used in the above paragraph, shall be deemed to
include any property within 1,000 feet of any part of any pr
owned or used for educational purposes by such educational
institution at the effective date hereof.
5. Medical Development Unit
(a) Land Deemed One Lot - Any parcel of land, including any
interior street, which is designed as and used for a
(b)
medical development unit may be deemed to be one lot. To
be considered a medical development unit, the parcel of
land must include at least 40,000 square feet exclusive of
the area of any interior public street.
Definition - A medical development unit may include either
hospital buildings or buildings providing professional
facilities for physicians and dentists with common faciliti s
for laboratory, x-ray, and similar ancillary services, or
buildings designed to accommodate any combination of such
527
uses, together with such related facilities and business services as are
necessary and appropriate 'to serve the incidental needs of the physicians,
dentists, employees, and patients using such unit, provided that any
I
incidental business service shall be housed in a principal building or I
buildings without separate exterior public entrances.
(c) Condition - Medical development units may be permitted in R and B zones, �
subject to the follosing conditions:
I.
(1) Medical development unit buildings shall comply with the requirement's
of the respective zones in which they are located with reference to
height, set -back distances, yards, lot coverage, and exceptions, any .
such medical development unit buildings in an R zone being treated
as one main residential building .for this purpose; provided that wher,�
due to the unusual width of a lot, side yards having an aggregate
width in excess of 30 feet would be required for a building of normal
height within the zone, the aggregate side yard width need not exceed
30 feet except to the extent required as an adjustment for additio
height allowable within the zone. In the case of corner lots, thr
lots, and lots having frontage on three or more streets, the Board
may determine which yard frontage shall be deemed to be front, side
and rear yards so as to make the layout of the unit conform to the
subdivision pattern of property in adjacent blocks; and the Board
require that any or all such yards be treated as front yards when
such treatment is deemed necessary to maintain harmony i•rith neigh-
borhood property.
(2) No exception shall be granted under this provision unless the Board
finds as a matter of fact that adequate off-street parking space is
brovided within the area of the medical development unit to satisfy
the reasonably anticipated needs of all persons using or employed
at such unit, and the ratio of parking spaces provided to square fe
of floor area shall in no event be reduced below one parking space
for each 400 square feet of gross floor area thereof. Open space
required to satisfy lot coverage provisions may be used for parking
purposes; provided that off-street parking shall not be allowable
within the areas of minimum front and side yards; provided, that
parking spaces shall be allowed within the areas of minimum side yards
which lie adjacent to R-1�, B or M zones. The minimum side yard li
I
requirements referred to in the preceding sentence are those require'I
I
ments which are expressed in a specific minimum footage as distin.guis;hed
from aggregate side yard requirements which are expressed in a per- ]
centage of total lot width. Necessary approaches to off-street parking
spaces shall be permitted to cross front and side yards. i
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528
(d) Application of Regulations - slhere a medical development unit consist
of two or more buildings to be constructed on a plot of ground not
subdivided into the customary streets and lots, and which will not be
subdivided, or where the existing or contemplated street and lot layo
make it impractical to apply the requirements of this ordinance to t
individual building units in such medical development unit, the
application of such requirements to such unit may be varied in a
that will be in harmony with the character of the neighborhood and t
will insure a standard of open space no lower than permitted by this
ordinance in the zone in which the proposed medical development unit •s
to be located. If the Board approves plans for a proposed medical
development unit, building permits and certificates of occupancy
shall be issued in conformance with such approved plans, even though
the use of the land and the location of the buildings with respect to
�
each other do not conform to the regulations for the zone in which th medical
development unit is located.
SECTION 13. Neighborhood Development Unit
The purpose of this section is to establish a more flexible procedure for th
approval by the Commission of development plans for large tracts of land and
to encourage good planning practices through the submission of such neighbor
hood development plans by prospective developers.
Recent examples of large-scale building of housing, shopping centers and
industrial districts often have met with restrictions in zoning ordinances
which, when drafted, could not anticipate the variety of successful adaptatio
of good site planning procedures.
Certain acreages, now undeveloped or subject to redevelopment, will lend
themselves to large-scale development as a unit. It is recognized that
careful study and consideration given to such development on a unit basis
will be conducive to a soundly developed neighborhood and community and that
approval of a plan based on such study and consideration will be consistent
with the objective, spirit and interest of this ordinance.
Tracts of land as herein described to be used for R zone, B zone or M-1 zone
purposes, or certain combinations thereof, may be developed as a unit; e.g.,
housing, shopping center, light manufacturing district.
(a) Land Deemed One Lot - Any parcel of land, including any interior street
which is designed as and used for a neighborhood development unit may be
deemed to be one lot.
To be considered a neighborhood development unit, the parcel of land must
include at least:
(1) Six (6) acres if used only for R zone or B zone purposes; or eight
(8) acres if used for a combination of such purposes.
7k,MEAN.fi 529
i
i
(2) Fifteen (15) acres if used only .for IQ -1 zone purposes; or twenty (20)it
acres if used for a combination of P4-1 zone and other purposes. i
(b) Application of Regulations - Where a neighborhood development unit i
consists of two or more buildings to be constructed on a plot of ground)
not subdivided into the customary streets and lots, and which will not
be so dubdivided, or where the existing or contemplated street and lot
layout make it impracticable 'to apply the requirements of this ordinance)
to the individual building units in such neighborhood development unit,;
the application of such requirements to such unit may be varied in a
manner that will be in harmony with the character of the neighborhood;
I
and if residence use be involved, that will insure a lot area per familyi
no lower and a standard of open space no lower than permitted by this
ordinance in the zone in which the proposed neighborhood development
unit is to be located.
(c) Procedure - Upon receipt of an application for a Neighborhood Develop-
ment Unit, including engineering architectural and landscape architectur.
plans therefor, the Commission shall review the proposed Development as
to its effect upon the master plan. The Commission shall then proceed
with a hearing on the application in the same manner as set out for a
hearing before the Board in Section 40. Following the hearing, and
upon an affirmative finding by the Commission that
(1) The proposed Neighborhood Development Unit is compatible with the
objectives of the master plan and the spirit of this Ordinance; a
(2) The requirements of this Ordinance, as modified by this section,
for a Shopping Center in a B-5 zone the requirements of Section 26,1
will be met, and
(3) The plans for such ;Neighborhood Development Unit indicate compliancl
with the requirements of other ordinances of the city, F
The Commission shall approve the Neighborhood Development Unit in
accordance with the plans included in the application. When such approval
has been granted, building permits and certificates of occupancy shall
i
be issued in conformance with such approved plans, even though the use
of the land and the location of the buildings with respect to each others
do not conform to the regulations for the zone in which the development II
unit is located.
TITLE III - ZONES MAFWDED
SECTION 14. Establishment of Zones. For the purpose of this ordinance, the City;�&,,i
of Padubah is hereby divided into thirteen (12) zones designated as follows•�cc�:[q/"�y� z
C-1 Conservancy Zone
R-1 One -Family Zone °jC C
R-2 One -Family Zone
R-3 Two -Family Zone
R-4 Multiple Dwelling Zone1'r VC
B-1 Neinhborhood Business Zone
B-2 Downtown Business Zone
B-3 General Business Zone
i
530
B-4 Commercial Zone
B-5 Shopping Center Zone
N-1 General industrial Zone
N-2 Industrial Zone
!�3 Heavy Industrial Zone
The above zones and the boundaries of such zones are hereby established as shorn
on the map entitled "City of Paducah - Planning Zrea - Zone Map," dated 1961,
consisting of one sheet and identified by the signatures of the Chairman of the
Commission and the Mayor of the City, duly attested by the Clerk of the City,
which map accompanies this ordinance and is on file in the office of the Comm-
ission. Said man and all explanatory matter thereon are hereby adopted and made
a part of this ordinance, and a copy thereof shall be filed of record in the
office of the Clerk of the McCracken County Court.
Upon annexation of new areas to the City of Paducah, such areas shall automatical
be classified and zoned according to the plan shorn on said map, until such time
as this ordinance may be amended to provide otherwise.
SECTION 15. Zone Boundaries - Unless otherwise indicated, -the zone boundary li
are the center lines of streets, parkways, alleys or railroad rights-of-way, or
such lines extended. Other lines within blocks are rear or side lot lines, or s
lines extended, as they exist as of the effective date hereof.
Where the street or lot layout actually on the ground varies from the layout as
shown on the zoning map, or where the said map is susceptible to two or more
interpretations as to location of zone boundaries, the Executive Secretary shall
interpret said map according to the reasonable intent of this ordinance. Any
party aggrieved by any such interpretation of the Executive Secretary may apply
to the Commission for its interpretation, and the decision of the Commission in
that respect shall be final and binding. in making their interpretations, both
the Executive Secretary and the Commission shall give due regard to the minutes
of the Commission, if any, related to discussions of and decisions on the par-
ticular boundaries in question at 'the time the final report referred to in
TITLE 1 hereof was under consideration.
TITLE IV - CONCERVANCY ZOi!E REGULATIONS
SECTI.O_N 16. _C-1 Conservancy Zone. This zone is created to protect the public
health and to reduce the financial burdens imposed on the community, its govern-
mental units and its individuals which may result from improper use of lands
having excessively high water tables or which are subject to frequent and periodi
floods and overflow!. The boundaries of this zone have been determined from the
published data of the U. S. Engineers with reference to the high water level of
1913. In the event that it can be clearly demonstrated that any such lands are
not subject to inundation by the high water level reached in 1913, or if such
lands are adequately drained or sufficiently protected from the risk of overflow,
they should be removed from the C-1 zone and classified in the R zone. Such
determination and reclassification shall be made by the Board in the manner
ch
531
described for the granting of special exceptions in Section 12 of this ordinance.)
The reclassification of such lands into any other use zone shall be subject to
the procedure set out in Title XII
The following regulations and the regulations in Title 11 shall apply in the C-1
Conservancy Zone:
A. Permitted Uses - So long as the use does not require the erection of a
structure intended for year-round use or occupancy, fences excepted. I
1. General Agricultural Operations - Including crop or tree farming,
and truck gardening, but this shall not include or permit:
(a) The disposal of grabage
I
(b) A use or activity engaged in within three hundred (300) feet
of a residential or business structure, if such use of activity li
results in unreasonable and continuous odor or dust. In the
event such use is conducted within three hundred (300)feet of a
residential or business zone boundary, no right shall be acquire
to continue such use within three hundred (300) feet of a resi-
dential or business structure thereafter erected in such zone.
2. Forestry.
3. Public Pa
and Private Rec
Developments - So long as a structure intended for regular occupancy
'is not erected.
4. Exceptions - To use regulations as provided for in Section 30.
B. Uses Prohibited
All uses other than those permitted above are prohibited.
TITLE V - RESIDENTIAL ZOi•fE REGULATIOivS
SECTION 17. R-1 One -Family Zone,: The following regulations and the regulations
contained in TITLE II shall apply in the R-1 One -Family Zone:
A. Permitted Uses II
I
1. Any Use Permitted in the C-1 Conservancy Zone.
2. One -Family Detached Nelling
3. Two -Family Dwelling or Multiple Dwelling - Resulting from the conver-!
sion of a building existing at -the effective date hereof, provided that:
i
(a) The external character and appearance of the building remains
unchanged except for necessary entrances and exits on the first
floor only.
(b) The resultant lot area per dwelling unit is not less Than 3000
square feet.
4. Special Residences —As -set forth in Section 12. i
'I
5. Park, Playground or Community Center - Owned and operated by a govern-
mental agency.
I
6. Churches, Public and Parochial Schools - Including an attached or
I
free-standing announcement sign, bulletin board or wayside pulpit
not to exceed twenty-five (25) square feet in area.
532
7. Public Parkin Area - When located and developed as required in
Section 9, and where the area adjoins a commercial or industrial
zone, provided such transitional use does not extend more than 100
feet from the boundary of the less restricted zone.
8. Uses Customarily Incident - To any of the above uses.
9. Accessory Building - Including a private garage, accessory living
arters, or a recreation room provided that:
(a) No accessory living quarters are located on any lot having an
area of less than 8000 square feet.
Accessory living quarters, recreation room and a private garage
or any combination o: such uses may be included in a building of
one or two stories in height provided that the portion of such
building designed for accessory living quarters or recreation
room exceeding 10 feet in height is located not nearer than
10 feet to any lot line.
(b) :There the rear yard of a through lot abuts upon a street no
accessory building shall be erected nearer to such street than
the minimum depth of the front yard requirements on such street
(c) In a rear yard of a corner lot no accessory building shall be
erected nearer than 20 feet to the side street.
10. Name Plate or Signs - One name plate for each dwelling unit, exclud
illuminated signs of the flashing or animated type, not exceeding 1-
sqyare feet in area, indicating the name of the occupant or any
permitted occupation; unlighted signs not exceeding a total of 12
square feet, pertaining to the prospective rental or sale of the
property on which they are located; provided that such signs shall
be located not less than 15 feet from the front or side lot line
except where affixed to the wall of the building and not extending
over the sidewalk.
11. Exceptions - To use regulations are provided for in Section 30.
B. Height
1. Aiaximum Height - Thirty-five (35) feet.
2. Exceptions - To height regulations are provided for in Section 31.
C. Lot Area and Yards
1. Lot Area - Every lot stall front on a dedicated street and have a
minimum width at the building line of 75 feet and a minimum area
of 12,000 square feet.
2. Front Yard - There shall be a front yard of not less than 11.0 feet.
3. Side Yard - Each lot, except as otherwise specified, shall have twc
side yards each having a width of not less than 8 feet and the
aggregate width of both side yards on any lot having a width greater
than eighty (80) feet shall not be less than 20 per cent of the widt
of the lot.
533
i
i
4. Rear Yard - There shall be a rear yard of not less than 25 per cent
of the depth of the lot, but such rear yard need not exceed 25 feet.
5. Tapered Yard - '.'Where a reversed interior lot abuts a corner lot,
or an alley separating such lots, a building located on the corner
lot shall set back from the street line of the corner and interior
lots as far as the dwelling on the reversed interior lot. For each
foot that such building is placed from the rear line toward the front'
line of the corner lot, the building may be set four (4) inches close:
I
to the street line of the corner and interior lots, but in no case
closer than eight (8) feet.
6. Lot Coverage - No more than 25 per cent of the area of a lot may be '
covered by buildings or structures, provided that such lot coverage
need not be reduced to less than 1200 square feet, j
7. Exceptions - to yard regulations are provided for in Section 32.
D. Building Size
No building shall be erected for residence purposes having a ground
floor area of less than one thousand (1000 sq. ft.
SECTION 1$, R-2 One -Family Zone - The following regulations and the regulatio
contained in TI^1LE II shall apply in the R-2 One -Family Zone:
A. Permitted Uses
1. Any Use Permitted in the R-1 One—Family Zone.
2. Two -Family Dwelling or Miultiple Dwelling - Resulting from the conver-
sion of a building existing at the effective date hereof, provided ti
(a) The external character and appearance of the building remains
unchanged except for necessary entrances and exits on the first
floor only.
(b) The resultant lot area per dwelling unit is not less than 2,500
0
C.
square feet.
3. Special Residences - As set forth in Section 21
Height
1. Elaximum Height - Twenty-five (25) .feet.
2. Exceptions - To height regulations are provided for in Section 31
Lot Area and Yards
1. Lot Area - Every lot shall front on a dedicated Street and have a
minimum width of 60 feet at the Building Line. The minimum area of �I
2.
3.
such lot shall be 7500 square feet or, in the event the lot is not
served by a sanitary sewer, such larger area as is certified by the i
Paducah -McCracken County Health Department as necessary for the I
i
safe and efficient disposal of sewage thereon.
Front Yard - There shall be a front yard of not less than 25 feet. i
Side Yard - Each lot, except as otherwise specified, shall have two
side yards each having a width of not less than 6 feet and the
aggregate width of both side yards on any lot having a width ;Created
534,
than seventy-five (75) feet shall be not less than 20 percent of
the width of the lot.
4. Rear Yard - There shall be a rdar yard of not less than 25 per cen
of the depth of the lot, but such rear yard need not exceed 25 feet
5. Lot Coverage - Not more than 30 per cent of the area of a lot may
be covered by buildings or structures, provided that such lot cover
age need not be reduced to less than 800 square feet.
6. Exceptions - To yard regulations are prohibited .for in Section 32.
D. Building Size
No building shall be erected for residence purposes having a --round flo
area of less than seven hundred twenty (720) square feet.
SECTION 19. R-3 T-t-jo-Family Zone The following regulations and the regulation
contained in TITLE II shall apply in the R-3 Two -Family Zone:
A. Permitted Uses
1. Any Use Permitted in the R-2 One -Family Zone
2. Two -Family Duelling
3. Row -Dwelling -Not to contain more than four dwelling units.
4.=ultiple Dwelling - Resulting from the conversion of a building
existing at the effective date hereof, provided that:
(c) The external character and appearance of the building remains
unchanged except for necessary entrances and exits on the
first floor only.
(b) The resultant lot area per dwelling unit is not less than
2000 square feet.
5. Special Residences - As set forth in Section 21.
6. Name Plate or Signs - One identification sign not exceeding 12 squar
in area for multiple dwellings, provided that such sign shall be
located not less than 15 feet from the front or side lot line except
where it is affixed to the wall of the building and does not extent
over 'the sidewalk.
7. Exceptions - To use regulations are provided for in Section 30.
B. Height
1. Maximum Height - Twenty-five (25) feet.
2. Exceptions - To height regulations are provided for in Section 31.
C. Lot Area and Yards
1. Lot Area Per Dwelling Unit - The minimum lot area per dwelling unit
shall be 2500 square feet.
2. Lot Area - Every lot shall have a minimum width of 50 feet at the
building line and a minimum area of 6000 square feet, or, in the
event the lot is not served by a sanitary sewer, such larger area
as is certified by the Paducah -McCracken County Health Department
as necessary for the sale and efficient disposal of sewaue thereon.
3. Front Yard - Same is required in R-2 Zone, Section 18.
feet
D.
535
4. Side Yard - Same as required in R-2 'Lone, Section 1$.
5. Rear Yard - Same as required in R-2 Zone, Section lo.
6, Lot Coverage -Same as required in R-2 Zone, Section 1$.
7. Exceptions -To yard regulations are provided for in Section 32.
Building Size
No building shall be erected for residence purposes having a ground
floor area of less than six hundred (600) square feet. The minimum floori
area of each dwelling unit of a two-family residence shall be 350 square i
I
feet, exclusive of porches, breeze -mays, terraces, garages, and exterior l
and secondary stairways.
SECTIOFI 20, R-4 Ekultiple Dwelling Zone. The following regulations and the
regulations contained in TITLE II shall apply in the R-4 Ijultiple Dwelling Zone
A. Permitted 'Uses
1. Any Use Permitted in the R-3 Two -Family Zone - Provided that all R
uses shall be subject to the same limitations and controls as speci
cally set forth for lot area, yards and building size in the R-3 Zo
Section 19.
2. ?,Iultiple a -felling
3. Apartment Hotel or 14otel - in which incidental business may be con-
ducted only as a service for persons living therein, provided there
is no entrance to such place of business except from the inside of
the building.
4. Fraternity or Sorority House - Owned by students or alumni.
5. Lodging House or Tourist Home
6. Doctors Office -Restricted to one licensed practitioner with not
more than two (2) assistants.
7. Mortuary
8. Nursing or Rest Home
9, Non-profit Club, Lodge or Fraternal Association - IncludinS an attach d
or free-standing bulletin board or announcement sign not to exceed 25
square feet in area.
10. Exceptions - To use regulations are provided for in Section 30.
B. Height II
1. 'Maximum Heipht - Sixty-five (65) feet. !
2. Exceptions - To height regulations are provided for in Section 31.
C. Lot Area and Yards - Excepting R-3 uses which are subject to the re-
quirements set forth in Section 19.
ii
1. Lot Area per Ihielling Unit - The minimum lot area per dwelling unite
shall be 1800 square feet.
i
2. Lot Area - Same as required in R-3 Zone, Section 19.
i
3. Front Yard - There shall be a front yard of not less than 5 per cent If
the depth of the lot for each twelve (12) feet of building height, but
such front yard shall be not less than 12 fe&t and need not excees 50 feet.•
536
4. Side Yards - Same as required in R-2 Zone, Section 18, except that
for a building more than twenty-five (25) feet in height each side
yard shall be increased 1 foot in width for each additional 3 .feet
in height.
5. Rear Yard - There shall be a rear yard of not less than 25 per cent
of the depth of the lot, but such rear yard need not exceed 35 feet.
6. Courts
(a) An inner court shall not have any horizontal dimension, measure
at right angles to any wall in which are located windows, e.,cel
windows which open fron a public hallway, which is less than ti
height of the building above the floor level of the story con-
taining such window. Ho other dimension of such court shall be
less than 1/2 the height of the building above the floor level
of the lowest story served by the court. The length of an
inner court shall not exceed twice its width.
(b) Each outer court which has a depth of four (4) feet or more,
and on which windows open, except windows which open from
a public hallway, shall have a width equal to not less than
the height of the building above the floor level of the story
containing such window, but no court shall have a width of less
than 20 feet; and each court shall have a depth of not more
than 1 1 times the actual width; provided, however, that any
such court with a depth of not more than 6 feet reed not have
a width exceeding 20 feet.
7. Lot Coverage.- idot more than 40 per cent of the area of a lot may be
covered by buildings or structures, provided that such lot coveraPe
need not be reduced to less than 800 square feet.
8. Exceptions - To yard regulations are provided for in Section 32.
D. Building Size
Same as tequired in R-3 Zone, Section 19.
SECTION 21, Special Residences in R-1 R-2 and R-3 Zones.
A. New two-family and new multiple family residential structures are permitt
uses in the R-1, R-2 and R-3 Zones, subject to the following conditions:
1. Such structure shall comply with the requirements of the respective
zones in which they are located with reference -to Uses,Permitted,
Height, Lot Area, Yards, Lot Coverage and Exceptions, any such two-
family or multiple dwelling structure being treated as one principal
residential building for this purpose.
2. Plans for the proposed construction shall be submitted to and
approved by the Commission prior to the issuance of a building permi
which plans shall be accompanied by a written statement of an archit
registered in the State of Kentucky certifying that such plant compl
with the requirements of this Section.
9l
ct
3.
537
The minimum lot area per dwelling unit :for a tyro -family dwelling
shall be:
In the R-1 Zone, 7,000 square feet I
In the R-2 Zone, 5,000 square feet II
The minimum lot area per dwelling unit for multiple dwellings shall
In the R-1 Zone, 5,000 square feet for 3 to 5 units ��•
.i
i
4,000 square feet for 6 or more units II
In the R-2 Zone, 3,500 square feet for 3 to 5 units
3,000 square feet for 6 or more units
In the R-3 Zone, 2,500 square feet
4. The minimum floor area for each dwelling unit, exclusive of porches,
breezeways, terraces, garages and exterior and secondary stairways
shall be:
In the R-1 Zone, 500 square feet
in the R-2 Zone, 350 square feet
In the R-3 Zone, 300 square feet
5. The minimum ground floor area for each such structure shall be:
In the R-1 Zone, 1,000 square feet
In the R-2 Zone, 720 square feet
In the R-3 Zone, 600 square feet
6. The architecture and floor plans of all construction permitted by
this section shall be such as 'Fill make impracticable the subdivision
of the lot and the improvements thereon into two or more separate,.
independent units, each consisting of a portion of the lot and less
than all of the original dwelling units.
B. The provisions of this section shall also be applicable to the conversio*
into a multiple dwelling or two-family dwelling of a building erected
after the effective date hereof.
TITLE VI. BUSINESS ZONE REGULATIONS
SECTIOA! 22, B-1 Neighborhood Business Zone The following regulations and the
regulations contained in TITLE II shall apply in the B-1 P`eighborhood Business
Zone:
A. PER,iITTED USES
1. Any Use Permitted in the R-4 Multiple Dwelling Zone - Provided that
all R-4 uses shall be subject' to the same limitations and controls
for lot area, yards and building'size as specifically set forth in
Section 20.
2. Mixed uses - A combination of any of the uses permitted in this sec-
tion, provided that such of said mixed uses as must be conducted
within a building are confined to the principal building on a lot
a
business use on ground floor and residential use on upper floor).
�i
�I
538
F,q
ilL A
3. The Following Uses - Provided they are conducted wholly within a
building, except for off-street loading of delivery vehicles which a
incidental thereto as required in Section 9.
(a) Bakery
(b) Bank
(c) Barber shop
(d) Beauty parlor
(e) Book store and/or stationery store
(f) Catering establishment
(g) Clothes cleaning agency
(h) Clothes pressing establishment
(i) Clothing or wearing apparel store
(j) Confectionery store
(k) Custon dressmaking establishment
(1) Delicatessen
(m) Drug store
(n) Electric and/or gas appliance store or repair shop
(o) Florist shop
(p) Gift shop
(q) Grocery, fruit or vegetable store
(r) Hard:•lare store
(s) Jewelry store
(t) Laundry agency
(u) Laundromat, Launderette, ',•lasherette, 1.1asneteris, Self-service
Laundry or other similar establishment providing facilities
for individual customer laundering
(v) Meat market
(w) ;Medical or dental clinic and/or laboratory
(x) =.Iillinery shop
(y) Music store - record shop
(z) News stand
(aa) Office, business or professional
(bb) Package liquor store
(cc) Paint and/or wallpaper store, including draperies, window shade
knick-knacks and other small items or interior decoration
(dd) Photographer
(ee) Radio and/or television store
(ff) Restaurant, tea room or cafe, excluding danding and entertainme
(gg) Shoe repair shop
(hh) Shoe store
(ii) Tailor shop
(jj) Theatre
(kk) Variety store
P
1F
4.
M
539
The above specified stores, shops or business shall be retail estab-
lishments selling new merchandise exclusively.
All products shall be sold at retail on the premises and not more
than four persons shall be engaged exclusively in the process of
production, jl
Drive -In Restaurant, tea room, cafe, ice cream shop or confectionery 'i
shop - Provided dancing and entertainment are excluded and provided�i END D
all activities in connection therewith, other than the serving of
patrons in automobiles, are conducted within a building. Plans for e
building construction, parking areas, yards, driveways, entrances
and exits shall be approved by the Enforcement Officer and the
City Engineer, acting jointly, in consultation with the Executive
Secretary, or in his absence the Commission Chairman, and they may
require such changes therein as may be deemed necessary or desirable
to insure safety, to minimize traffic difficulties and to safeguard
adjacent properties. The use area shall be developed as required in
Section 9.
Automobile Service Station - In accordance with the State of Kentuck
regulations concerning the use, handling, storage and sale of flammat
liquids, provided that any tire or tube repairing, bettery charging
and storing of merchandise or supplies is conducted wholly within a
building, and provided that such use does not include tire recapping,
metal repair, valve grinding, spray painting or similar operation,
t
which by nature may become noxious to occupants of adjacent property
or the general public. It is further provided that a Building Permit
shall not be issued to permit the erection and occupancy of such use
within two hundred (200) feet of any school, church or other place
of public assembly. Plans for the erection or structural alteration
of an automobile service station shall be approved by the Enforceme
Officer and the City EnSineer, acting jointly, in consultation with
Executive Secretary, or in his absence the Commission Chairman, and
' ENDrij
Le -C.
they may require such change therein in relation to yards, driveways;;
entrances, exits, location of pumps and 'buildings and construction of
buildings as may be deemed best suited to insure safety, or minimize;
traffic difficulties and to safeguard adjacent properties. The
service station use area shall be developed as required in Section 9
6. Dry Cleaning Establishment - Using not more than two clothes cleanin
units, neither of which shall have a rated capacity of more than 40
pounds, and using synthetic cleaning, fluid which is non -explosive,
r
odorless and non -inflammable. i
7. Sign - Any exterior sign displayed shall pertain only to a use
conducted within the building, shall not include flashing light or
54-0
or animated fixture, advertising banners, pennants, spangles or
similar devices, may not extend over any street line, and shall be
located 50 feet or more from an R zone boundary line. In no case
shall a sign project above the roof line, or exceed 3 square feet
in area for each front foot of the building displaying such sign.
8. Uses Customarily Incident - To any of the above uses and accessory
buildings, when located on the same lot, including a garage for the
exclusive use of the patrons of the above stores or business.
9. Public Parking Area - For the exclusive use of the patrons of the
stores, shops or business in the immediate business zone when locate
and developed as required in Section 9.
B. Height
1. iiacimum Height - Thirty-five (35) feet.
2. Exceptions - To height regulations are provided for in Section 31.
C. Yards
1. Front Yard - Where the b;ock frontage is located :wholly in the 3 z
and where the distance bet:,reen the center line of the street and t
front property line is 30 feet or more in width no front yard is
required. :mere the distance between the center line of the street
and the front property line is less than 30 feet in width, the
ground floor set back of the business structure or use shall be
sufficient to provide a 30 -foot open space between said center line
and said business structure or use. Where the blocm frontage is
located partly in the B zone and partly in an R zone the front yard
requirements of the R zone shall apply in the B zone.
2. Side lards - Where the side of a lot in the B zone abuts upon the
side of a lot in an R zone, there shall be a side yard of not less
4 feet for each story of height, but such side yard shall not be
less than 6 feet in width. In all other cases, a side yard for a
business building shall not be required,.but if provided, is shall
be not less than 4 feet in width.
3. Rear Yard - where the rear of property in a 3 zone abuts an R zone
there shall be a rear yard of not less than 20 per cent of the depth
the lot, bu:. such rear yard need not exceed 20 feet. In all other
cases no rear yard shall be required, but if provided, it shall be r
less than 4 feet in depth.
Exceptions - To yard regulations are provided in Section 32.
SECTIO_; 23. B-2 Dorrrtorm Business Zone. The following regulations and the
regulations contained in TITLE II shall apply in the B-2 Downtown Business Zone:
of
A. Permitted Udes
1. 7iultiple Dwelling, Apartment Hotel or Hotel - Provided that all such
uses shall be subject to the same limitations and controls for lot a�ea,
yards and building size as specifically set forth in the R-4 Zone,
Section 20.
541
2. :Mixed Uses - A combination of any of the uses permitted in this
section, provided that such of said mixed uses as must be conducted Irb
i
within a building are confined to the main building on a lot (e.g.,
`IS +{�(
business use on ground floor and residential use on upper floor).
3. Any Business Use Permitted in the B-1 Aieighborhood Business Zone
Provided that B-1 uses shall be subject to the same limitations and
controls, excepting height, as specifically set .fcrth in the B-1
Zone, Section 22, and the following uses:
( a ) Advertising sign
(b) Auditorium
13� s
(c) Automobile or trailer sales - Provided that any display or y63`
storage area shall be developed as required in Section 9;
and that any incidental repair of automobiles or trailers !
shall be conducted and confined wholly within a building
(d) Bar and/or cocktail lounge
(e) Bath, tu-rkish and/or physical culture establishment
I
(f) Billboard i
(g) Bird store, pet shop and/or taxidermist
(h) Blue printing or photostating establishment
(i) Department store
(j) Dry cleaning establishment using not more than two clothes!
clearing units neither of which shall have a rated capaciL
of more than 40 pounds, using cleaning fluid which is
non -explosive and non -inflammable
(k) Film exchange
(1) Furniture store
(m) Interior decorating store
(n) 1-''!usic conservatory of music instruction
i
(o) Parking garage
(p) Pawn shop
(q) Rescue or revival mission
i
I
(r) Trade or business school, or private school operating as al
commercial enterprise
i
(s) idholesale merchandise broker, excluding wholesale storaSe !
(t) Other retail business and service establishments, not
specifically referred to in 'this ordinance, selling new
merchandise exclusively
4. The Following Uses - Conducted wholly within a building except for
off-street loading of delivery vehicles which are incidental thereto,;
as required in Section 9. ;I
i
(a) Antique shop I
(b) Art Shop
(c) Auction sales
(d) Second hand store
(e) Unholstering shop
5. Uses Customarily Incident - To any of the above uses and accessory
buildings when located on the same lot, provided:
• I
542
�z a7
q J
(a) There shall be no manufacture, compounding, processing or
treatment of products other than that which is clearly inci-
dental and essential to a retail store or business and where
all such products are sold at retail on the premises.
(b) There shall not be more than five persons engaged in the manu-
facture, compounding, processing or treatment of products; or
in catering, cleaning, laundering, plumbinS, upholstering and
the like.
(c) Such uses, operations or products shall be not objectionable
due to odor, dust, smoke, noise, vibration or other similar
causes.
B. Height
1. Maximum Height - One Hundred and Twenty (120) feet
2. Exceptions - To height regulations are provided for in Section 31.
C. Yards
1. Front Yard - Same as B-1 Zone, Section 22.
2. Side Yards - Same as B-1 Zone, Section 22.
3. Bear Yard - Same as B-1 Zone, Section 22.
4. Exceptions - To yard regulations are provided for in Section 32.
SECTIOIT 24. B-3 General Business Zone. The following regulations and the rE
tions contained in TITLE II shall apply in the B-3 General Business Zone:
A. Permitted Uses
1. Any Use permitted in the B-2 Bowntoan Business Zone - Provided all
B-2 uses shall be subject to the same limitations and controls
excepting those regarding maximum height, as specifically set forth
in the B-2 Zone, Section 23. B-2 uses in the B-3 Zone shall be
subject to the maximum height prescribed in this section.
2. Mixed Uses - A combination of any of the uses permitted in this
section, provided that such of said mixed uses as must be conducted
within a building are confined to the prinicpal building on a lot
(e.g., business use on ground floor and residential use on upper fl(
3. Drive-in Business - Including motels, drive-in 'theatres, refresYhme
stands, food stores, banks and the like where patrons may enter the
premises or be served in automobiles. Plans for the erection or
structural alteration of such drive-in business establishment shall
be submitted to and approved by the Enforcement Officer and the Cit
Engineer, acting jointly, in consultation with the Executive Secre-
tary, or in his basence the Oommission Chairman, and they may requi
such changes therein in relation to yards, driveways, driveway entr
and exits, and the location and height of buildings and enclosures
es
as may be deemed best suited to insure safety, to minimize traffic Jazards
or difficulties, and to safeguard adjacent properties. The drive -i
business use ares shall be developed as required in Section 9.
4.
5.
6.
7.
543
Greenhouse, Nursery, Flower or Plant - Provided all incidental equip-
ment is kept wholly within a building.
Sign Painting or Tire Shop - Provided all activities shall be con-
ducted wholly within a building.
Public Service - Including electric distribution substation, fire, or�
police station, telephone exchange and the like.
:I
The Following Uses - Provided they are conducted wholly within a
building except for the off-street loading of delivery vehicles which)
i
are incidental thereto as required in Section 9; and provided further:'
that where such uses are within 50 feet of an R zone boundary line, �I
the building wall facing said R zone shall have no openings other II
than stationary window openings:
i
(a) Amusement enterprise, including billiard or pool hall, bowling
alley, boxing arena, dance hall, games of skill or chance, penny]
J
arcade, shooting gallery and the like.
(b) The storage of self-propelled vehicles which are for remuneration
or hire.
E. Height
1. P-iaximum height - Forty-five (L�5) feet.
2. Exceptions - To height regulations are provided for in Section 31.
C. Yards
1. Front Yard - Same as B-1 Zone, Section 22.
2. Side Yards - Same as B-1 Zone, Section 22.
3. Rear Yard - Same as B-1 Zone, Section 22.
L�. Exceptions - To yard regulations are provided for in Section 32.
SECTION 25, B-4 Commercial Zone. The following regulations and the regulations
contained in TITLE II shall apply in the B-4 Commercial Zone:
A. Permitted Uses
1. Any Use Permitted in the B-3 General Business Zone - Provided all B-3
uses shall be subject 'to the same limitations and controls as
specifically set forth in the B-3 Zone, Section 24.
2. Carpenter, Cabinet, Plumbing or Sheet Metal Shob - Including fabri-
cation and assembly, but excluding manufacture.
3. Building i-iaterials Sales Office - Including accessory storage of
materials and incidental millwork.
4. The Following Uses - Provided they are conducted more than fifty (50)
feet from an R Zone boundary line:
(a) Bottling works
(b) Creamery and/or ice cream manufacture
(c) Dry cleaning establishment
(d) Feed or fuel store
(e) Ice manufacture and storage, and/or cold storaze
(f) Laundry
544
(g) Poultry or rabbit killinE incidental to retail sales on the
premises
(h) Public storage warehouse
(i) Trucking yard or terminal
(j) wholesale merchandise storage
(k) Tire retreading or recapping, (except within the Fire Limits,
as established from time to time by ordinances of the City
relating to the adoption of a Building Code) provided it is
incidental to general tiro sales and service, and provided that
not more than ten (100) per cent of the usable floor area of an
one floor of a building, or not more than 1500 square feet,
whichever is smaller, is devoted to such business activity.
(1) Any use permitted in the P-1-1 Zone other than tire retreading
or recapping, provided that not more than ten (10'o) per cent of
the usable floor area of any one floor of a building is devoted.
to such activity.
The floor area comprising the allowable ten (10;0) per cent area
or the allowable square soot area, as referred to in paragraphs
(k) and (1) of this subsection L„ shall be computed as the area
occupied by machinery employed in the particular activity, plus)
the surrounding area reasonably required for efficient operatio
of such machinery and for the functions of the individuals
engaged in the activity, exclusive of administration, clerical,
sales and other like functions. The word "building" as used in
said paragraphs shall be construed to include connected buildin�s
if they are occupied by the party or parties engaged in the
business activity concerned.
5. The Following Uses - Provided where they are within 150 feet of a
lot in a more restricted zone they shall be conducted wholly within
a building or within an area enclosed on all sides with a solid
wall, compact evergreen screen or uniformly painted board fence,
not less than 4 feet in height; except for the off-street loading
of delivery vehicles which are incidental tlweto as required in
Section 9:
(a) Building material sales yard, including the sale of lumber,
rock, sand, and gravel, but excluding concrete mixing.
(b) Contractors equipment storage yard or plant or rental of
equipment commonly used by contractors
(c) Draying, freighting, or trucking yard or terminal
(d) Feed or fuel yard
(e) Public utility service yard or electrical receiving or trans-
forming station
B. Height
1. Maximum Height - Forty -.five (45) feet.
2. Exceptions - To height regulations are provided for in Section 31.
C. Yards
1. Frond Yard - Same as B-1 Zone, Section 22
2. Side Yards - Same as B-1 Zone, Section 22
3. Rear `lard - Same as B-1 Zone, Section 22
4. Exceptions - To yard regulations are provided for in Section 32
SECTIOid 26, B-5 Shopping Center Zone The following regulations and the regu-
lations contained in TITLE II shall apply in the B-5 Shopping Center Zone:
515
A. Permitted Uses - Neighborhood Business Uses under numbered 3 through 9
of Subsection A of Section 22.
B. Area - The tract of land involved shall not be less than six acrea and
shall lie wholly or partly within 1,000 feet of a point represented by a
B-5 Zone symbol as shown in the Zone Map.
C. Procedure Requirements - The owner or owners of the tract of land shall
have obtained approval as a Neighborhood Development Unit in accordance
writh the procedure set forth in Section 13 and the following requirements
1. Ninimum Yards - 50 feet
2. Where abutting an R zone (without an intervening street) a light
screen planting six (6) feet high and six (6) feet wide shall be
installed just inside the property line.
3. One (1) parking space shall be provided for each sixty (60) square
feet of sales area.
4. Tl -we shall be a minimum distance of fifty (50) feet between any
loading or unloading berth and an adjoining R zone boundary.
TITLE VII. INDUSTRIAL ZOO REGULATIOIIS
SECTION 27, id -1 General Industrial Zone...The following regulations and the
regulations contained in TITLE II shall apply in the I-11-1 General Industrial Zonel.
A. General Provisions
No activity involving the storage, utilization or manufacture of material)
or products which decompose by detonation shall be permitted unless
specifically approved by the City Board of Commissioners and them only it
the 1-I-1 and 1.1-3 Zones. Such activity shall be conducted in accordance
with the rules promulgated by the State Fire iTarshall, and the State BoarO
of Health, all of the State of Kentucky. Such materials shall include,
but are not limited to, all primary explosives such as lead azide, lead
styphnate, fulminates, and tetracene; all high explosives such as TITT,
RDn, IN , PETIT, and picric acid; propellants and components thereof, such!
as nitrocellulose, black powder, boron hydrides, hydrazine and its deriva-
tives; pyrotechnics and fire -works such as magnesium powder, potassium
chlorate, and potassium nitrate; blasting explosives such as dynamite and
nitroglycerine; unstable organic compounds such as acetylides, telrazoles;;
and ozonides; strong oxidizing agents such as liquid oxygen, perchloric
acid, perchlorates, chlorates, and hydrogene pero;;ide ir_ concentrations
greater than thirty-five per cent (355); and nuclear fuels, fissionable
materials and products, and reactor elements such as Uranium 235 and
Plutonium 239.
The restrictions of this Section and Section 29, LI -3 Heavy Industrial Zen -
shall not apply to (1) the activities of site preparation or constructionf
maintenance, repair, alteration, modification or improvement of buildings;
equipment or other improvements on or within the lot line; (2) the operation
I
i
546
of motor vehicles or other facilities for the transportation of per-
sonnel; materials or products; (3) conditions beyond the control of the
user such as fire, explosion, accidents, failure or breakdown of equip-
ment or facilities or emergencies; (4) safety or emergency warning signals
or alarms necessary for the protection of life, lime or property; or (5
processes for which there are no known means of control. Research shall
be promptly conducted to discover methods of control leading to install
ation of corrective equipment.
The performance standards applicable in the Zone in which an operation
_jr
facility is located shall be used in determining the compliance or non-
compliance of said operation or facility with such standards.
B. Definitions. For the purpose of this Section, certain terms and words shall
be interpreted and defined as follows:
Decibel - A unit of measurement of the intensity of loudness of sound.
Sound level meters are used to measure such intensities and are
calibrated in decibels.
Flash Point - The lowrst temperature at which a combustible liquid undo
T roscribed conditions will `;ive off a flammable vapor which will
burn momentarily using the closed cup method.
Free burning - A rate of combustion described by a material which burns
actively and easily supports combustion.
Intense Burning - A rate of combustion described by a material that
burns with a high degree of activity and is consumed rapidly.
I-ioderate Burning, - A rate of combustion described by a material which
supports combustion and is consumed slowly as it burns.
Octave Band - A term denotin-- all of the frequencies from one given
frequency to a second. In sound octave bands, the second frequency
is usually twice the first one.
Octave Band Filter - An electrical device which separates the sounds
in each octave band and presents them to the sould level meter.
Particulate Matter - Finely divided liquid or solid meterial which is
discharged and carried along in the air.
Slow Burning or incombustible - bIaterials whoch do not in themselves
constitute an active fuel for the spread of combustion. A material
I
which will not ignite, nor actively support combustion during an e;;posu
e
for five minutes to a temperature of 1200 degrees Fahreinhei.t.
Smoke - Small gas borne particles resultin& :from incomplete combustion
consisting predominantly of carbon and other combustible material,
excluding metallurgical fume and dust, and Present in sufficient
quantity to be observable independently of the presence of other
solids.
547
C. Permitted Uses
1. any Use Permitted in the B-4 Commercial Zone - Provided all B-1,
uses shall be subject to the same limitations and controls as sp
cally set forth in the B-4 Zone, Section 25, and provided further th'I
a building containing dwellin_- units shall be permitted only inhere
it is within 200 feet of an abutting R- Zone.
2. The Uses Conforming; to the Follorriru- Performance Standards - Provided)
where they are orithin 150 feet of a lot in a more restricted zone
1i
they shall be conducted wholly vd.thin a building; except for the off -'I
street loading of delivery vehicles which are incidental thereto as
required in Section 9.
(a) Smoke - The requirements of the Air Pollution Control District of
McCracken County,
t
(b) Particulate hatter - The requirements of the Air Pollution Cont riol
District of PlcCracken County.
(c) Odor - Ho activity or operation shall permit odors to be release
which are detectable at an R Zone boundary line and which offen,vely
affect the sense of smell, it
(d) Toxic Materials - The emission of toxic and noxoius materials
shall not produce concentrations exceeding 10;0 of threshold lir,
values for to_cic materials in industry as set forth in "Threshc
Limit Values" for the current year as adopted at the annual
meeting of the American Conference of Governmental Industrial
Hygienists, at a zone boundary line.
(e) Glare - All artificial light sources shall be shielded so as to
prevent direct rays of light from crossing a zone boundary line.;
(f) Vibration - Any industrial operation or activity shall shall
i
cause at any time and at any point along the nearest adjacent
lot line, earthborne vibrations in excess of the limits set fort),
in Column 1 (below) are prohibited. In addition, any industrial;
operation or activity which shall cause at any time and at any j
point along a zone boundary line, earthborne vobrations in excess
I
of the limits set forth in Column II are prohibited. Vibrational
shall be expressed as resultant displacement in inches.
1 11
Frequency Displacement Displacement
(Cycles Per Second) (inches) (inches) j
Below 10 .000$ .0004
10 to 20 .0005 .0002
20 to 30 .0002 .6001
30 to 40 .0002 .0001
40 and over .0002 .0001
IiThe above tabulation is for steady state vibration; this is defined as con-
tinuous vibration in contrast to discrete pulses. Impact vibration, that is;
discrete pulses which do not exceed 100 impulses per minute, shall not pro-
f
duce in excess of twice (2 times) the displacement stipulated above.
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548
(g) P?oise - At no point either on the boundary of a zone or at 125 feet
from the property line of a plant or operation,whichever distance
is greater, shall the sound pressure level of any operation of plant
(other than back -ground noises produced by sources not under control
of this ordinance, such as the operation of motor vehicles or other
transportation facilities) exceed the decidel limits in th;octave ba
designated below.
1 11
,laximum Permitted I•ia:imum Permitted Sound
Sound Level in Decibels Level in Decibels Along
Octave Band. Along Residence District Business District
Frequency Boundaries or 125 feet Boundaries of 125 feet
Cycles Per Fron Plant or Operation From Plant or Operation
Second) Lot Line Lot Line
0 to 75 67 73
75 to 150 62 68
150 to 300 58 64
300 to 600 54 60
600 to 120049 55
1200 to 2400 45 51
2400 to 4800 41 47
Above 4800 37 43
Sound levels shall be measured with a sound -level meter and associated
octave band filter, manufactured and calibrated according to standards
prescribed by the American Standards Association. =ieasurements shall
be made using the flat or C network of the sound level meter and the
fast meter movement of the octave band analyzer. Impulsive type noises
shall be subject to the performance standards hereinafter prescribed
provided that such noise shall be capable of being accurately measured
with such equipment. Poises capable of being so measured, shall be
those noises which cause rauid fluctuations of the needle of the sound
level meter with a variation of no more than plus or minus two (2) decib
Itoises incapable of being so measured such as those of an irregular and
intermittent nature, shall be controlled so as not to become a nuisance
to adjacent uses.
(h) Fire Hazards - The storage, utilization or manufacture of solid material
or products ranging from incombustible to moderate burning is permitted.
The storage, utilization or manufacture of solid materials or products
ranging from free or active burning to intense burning is permitted
provided the following conditionr:is met:
Said materials or products shall be stored, utilized or manufactured
within completely enclosed buildings having incombustible exterior
walls and protected throughout by an automatic fire extinguishing
system.
The storage, utilization or manufacture of flammable liquids or gases*
which produce flammable or explosive vapors, shall. be permitted in
accordance with Table A (exclusive of storage of finished products in
original sealed containers).
:,'See footnote, Table A.
ls.
9
E.
549
(i) Water Pollution - Ilo industrial operation or activity shall
discharge, or cause to be discharged, liquid or solid wastes into J
public waters unless in conformance with the provisions of the
Kentucky Revised Statutes and any regulations promulgated thereunder!
Plans and specifications for proposed sewage and industrial waste I,
treatment and disposal facilities shall be submitted to and approval.,
obtained from the State Board of Health of the State of I:entucky.
Height
1, ?Maximum Height - Forty-five (45) feet,
No building or structure nor the enlargement of any building or l
structure shall be hereafter erected or maintained to exceed the
height requirements of an adjacent R zone when such building or
structure is within 150 feet of said adjacent R zone.
2. Exceptions - To height regulations are provided for in Section 31,
i
Yards
1, Front Yard - Not required; except where a structure hereafter erectej
I
or extended, daces property in an R zone the front yard of the R zone
I
shall apply.; or where the block frontage is located partly in the I"
zone and partly in an R zone, the front yard requirement of the R
zone shall apply in the 11 zone,
TABLE A
TOTAL CAPACITY OF FLA.'TII BLE MATERIALS PERiniTTED, GALLONS
Above Under
Industries Engaged in Storage and Distribution of Such i-Iaterials Ground Ground
lViaterials having a flash point above 190 degrees Fahrenheit.... Prohibited 100,(
From and including 105 degrees Fahrenheit to and including
190 degrees Fahrenheit ........................................Prohibited 40,q
Materials having a flash point below 105 degrees Fahrenheit,,,, Prohibited 20, q
Industries Engaged in Utilization and I,7anufacture of Such iaterials
I•Iaterials having a flash point above 190 degrees Fahrenheit ;.000 502 Q00
I
From and including 105 degrees Fahrenheit to and including 11
190 degrees Fahrenheit ,,,,,,,,,,,,,, 1,000 20,CIOO
Materials having a flash point below 105 degrees Fahrenheit ..........1
10,.1
00
*'.rnen flammable gases are stored, utilized or manufactured and measured in cubic)
feet, the quantity in cubic feet (at S.T.P.) permitted shall not exceed 300 !�
times the quantities listed above.
2.
Side Yards - Where the side of a lot in the M-1 zone abuts upon the
side of a lot in an R zone, there shall be a side yard of not less
than 4 feet for each story of 12 feet in height-, but such side yard
shall be not less than 6 feet in width. In all other cases, a side
l�
I
550
yard .for an industrial building shall not be required, but if
provided, it shall be not less than 4 feet in width.
3. Rear Yards - Where the rear of a lot in the I-1 zone abuts upon a I
in an R zone there shall be a rear yard of not less than 20 per cent
of the depth of the lot, but such rear yard need not exceed 20 feet.
In all other cases, a rear yard for an industrial building shall
not be required, but if provided, it shall be not less than 4 feet
in width.
4. Exceptions - To yard regulations are prof,ided-for in Section 32.
SECTION 2$, i-4-2 Industrial Zone. The following regulations, the regulations
in TITLE II and the General Provisions of Section 27, shall apply in the 71-2
Industrial Zone:
A. Permitted Uses - Any use conforming with the performance standards for
the 1d-1 zone, Section 27 - Provided that residential uses as described
and defined in TITLE V, and business uses as described and defined in
TITLE VI shall not be permitted except as accessory uses to an estab-
lished and operating industrial use.
B. Height = Same as required in the 11-1 Zone, Section 27
C. Yards - Same as required in the !-•I-1 Zone, Section 27
SECTION 29. I1-3 Heavy Industrial Zone. The following regulations, the regula-
tions contained in TITLE II and the General Provisions of Section 27 shall
apply in 'the :_-3 Heavy Industrial Zone:
A. Permitted Uses
1. The Uses Conforming to the Following Performance Standards -
Provided no building, structure or portion thereof shall be hereaftc
erected, converted, or used for any dwellinE use permitted in an R
zone except accessory buildings which are incidental to the use of
the land.
(a) Smoke - Same as required in the Pi -1 Zone, Section 27.
(b) Particulate Matter - Same as required in the iJ-1 Zone, Section
7.
(c) Toxic i-Iaterials - The emission of 'toxic and noxious materials
shall not produce concentrations exceeding thirty (30) per cent
of the threshold limit value for toxic materials in industry
as set forth in "Threshold Limit Values" for the current- year
as adopted at the annual meeting of the American Conference of
Governmental Industrial Hygienists, at a Residence or Business
zone boundary.
(d) Glare - Same as required in the P. -I-1 Zone, Section 27.
(e) Noise - At no point either on the boundary of a zone or at 125
feet from the property line of a plant or operation, whichever
distance is greater, shall the sound pressure level of any
operation or plant (other than gackground noises produced by
19
551
sources not under control of this ordinance, such as the opera
of motor vehicles or other transportation facilities) exceed 't
decibel limits in the octave bands designated below.
1 11 11
idaximum Permitted "iWrimum Permitted Sound
Sound Level in Decibels Levels in Decibels Along
Octave Band Along Residence District Business District
Frequency Boundaries or 125 feet Boundaries or 125 feet
(Cycles per From Plant or Operation From Plant or Operation
Second) Lot Line Lot Line
20 to 75 75
81
75 to 15076
150 to 300 66 72
300 to 600 62
600 to 1200 57 63
1200 to 2400
2400 to 4800 49 55
Above 4$00 45 51
Sound levels shall be measured with a sound -level meter and I
associated octave band filter, manufactured and calibrated i
according to standards prescribed by the American Standards
Association. Measurements shall be made using the Flat or C
i
network of the sound level meter and the fast meter movement of
the octave band analyzer. Impulsive type noises shall be subjec
to the performance standards hereinafter prescribed provided
that such noises shall be capable of being accurately measured
with such equipment. Moises capable of being so measured, shall
be those noises Which cause -rapid fluctuations of the needle.:
of the sound level meter with a variation of no more than plus
or minus two (2) decibels, ioises incapable of being so measurel,
such as those of an irregular or intermittent nature, shall be
controlled so as not to become a nuisance to adjacent uses.
I
(f) Fire Hazards - The storage, utilization, or manufacture of
solid materials rangii-L from incombustible to intense burning
is permitted, subject to the rules of the State Fire "larshall.
There shall be no quantity limitations in the i-3 zone of
flammable liquids or gas; however, within 300 feet of a zone
boundary, storage above ground shall not be in excess of 50,000
gallons* per linear 100 feet running along such zone boundary
line. I
';then flammable gases are stored, utilized or manufactures and measured in
cubic feet,the quantity in cubic feet (at S.T.P.) permitted shall not exceed j
300 times the quantities listed above.
,I
552
(g) nater Pollution - Same as required in the LI -1 Zone, Section 2/
B. ]'eight
1. ;?aximum Height - Ho limit
C. Yards
1. Front '.Card - Not required
2. Side Yards - For an industrial building shall not be required but if
provided, shall be not less than four (4) feet in iAdth.
3. Rear Yard - For an industrial building shall not be required, but if
provided shall be not less than four (4) feet in depth.
4. Exceptions - To yard regulations are provided for in Section 32.
TITLE VIII - EXCEPTIONS AIND NODIFICATIO113
SECTION 30, Uses: Public Utilities and Public Services - The provisions of thi
ordinance shall not be construed so as to limit or interfere with tho construc-
tion, installation, operation and maintenance for public utility purposes of
water and gas pipes, mains and conduits, electric light and electric power
transmission and distribution lines, telephone, television and telegraph lines,
oil pipe lines and sewer mains.
SECTIO_? 31. Height
A. Three Story Buildings in Two Story Zones - In the zones limiting height
to 25 feet, any permitted structure may be increased in height not to
exceed 45 feet provided the required side yards are increased. an
additional foot for each 3 feet such structure exceeds 25 feet.
B. Through Lots (150 feet or less in depth) - On through lots 150 feet or
less in depth, the height of a building may be measured from the
adjoining curb level on either street.
C. Through Lots (more than 150 .feet in depth) - On through lots more than
150 feet in depth, the height reCulations and basis of height measuremens
for the street permitting the greater height shall apply to a depth of
not more than 150 feet from that street.
D. Structures Permitted above Height Limit - Penthouses or roof structures
for the housing of elevators, stairways, tanks ventilating fans or simil,
equipment required to operate and maintain the building, fire or parapet
:calls, skylights, television aerials, steeples, roof signs, flagpoles,
chimneys, smokestacks, wireless masts, water tanks, grain elevators,
silos, gas containers or similar structures may be erected above the
leight limits herein prescribed, but no penthouse or roof structure or
any space above the height limit shall be allowed for the purpose of
providing additional floor space for residential, business or industrial
use.
SECTION 32. Area and Yards
553
A. Yard Regulations Modified - [•There the yard regulations cannot
reasonably be complied with or -their application determined on lots
of leculiar shape, location or topography, such regulations may be
modified or determined by the Board, as provided for in Section 1F1.
B. Front Yard_.- Between Projecting Buildings - 'Jhere a lot is situated
between tiao lots, each of which has a main building which projects
I
beyond the established front yard line and was so maintained on the iI
effective date hereof, the front yard requirement on such lot may be
the average of the front yards of said existing buildings.
'I
C. Front Yard - Ad,joining Projecting Buildin - "!here a lot adjoins
only one lot having a main building which projects beyond the
established front yard line and has been so maintained since this
ordinance became effective, the front yard requirement on such lot
may be the average of the front yard of the existing building and the'I
establushed front yard line, provided, however, the front yard ofit
i
such lot shall be not less than 8 feet.
D. Front Yard - Slonin« Lot -Where the elevation of the •round at a
Point 50 feet from the front line of the lot and midway between the
side lines, differs 10 feet or more fron the curb level, or where
the slope (measured in the general direction of the side lot lines)
is 20 per cent or more on at least 1/4 of the depth of the lot, the
front yard shall be at least 50 per cent of that required in the zonE
provided the required front yard of such lot shall be not less than
8 feet. A private garage, not exceeding 14 feet in height, may be
located in such front yard provided every portion of the garage
building is at least o feet from the front lot line and does not
occupy more than 50 fet cent of the t:*idth of the front yard.
E. Side Yard Reduced for One -Story Extension - ;!here a lot is 60 feet
or less in width and where a one-story extension of a building, not
exceeding 25 feet in height, has a height not exceeding 14 feet and
a depth not exceeding 25 feet, the side yard may be reduced to 4 feet)
and the aggregate width of both side yards may be recuded to 20 per
cent of the width of the lot but shall not be less than 10 feet. j
Provided, however, any portion of the building exceeding 14 feet in
i
height on the side with the one-story extension must set back not
less than 12 feet from the side lot line.
F. Side Yard t1aived - For the purpose of side yard regulations, the I
following dwellings with common party walls shall be considered as
one building occupying one lot: Semi-detached dwellings, now
dwellings and multiple dwellings.
G. Front and Side Yards `Aaived - The front and side yards may be waived
for dwellings, hotels and lodl;ing houses erected above the ground
r
554
floor of a building when said ground floor is designed and used exclusively
for business or industrial purposes.
H. Rear Yard - accessory Buildinr; - An accessory building, not exceedinC
20 feet in height may occupy not more than 30 per cent of the area of a
required rear yard, providing it does not encroach upon the side yards.
I. ThrouPh Lot - May be Two Lots - `Jhere a through lot has a depth of 150 fe
or more, and an area of 10,000 square feet or more, said lot may be
assumed to be two lots with the rear line of each approximately equidista
from the front lot lines, provided all area requirements are complied unit]
J. Projections into Yards
1. Porte Cochere - A porte Cochere may be permitted over a driveway in
a side yard, provided such structure is not more than oen story in
height and 20 feet in length, and is entirely open on at least three
sides, except for the necessary supporting columns and customary
architectural features, provided, however, said porte Cochere does
not extend to within 6 feet of a side lot line.
2. Cornice, Sill or Chimney - A cornice, eave belt course, sill, canopy
or other similar architectural feature (not including bay window or
other vertical projection) may e:vtend or project into a required side
side yard not more than 3 inches for each 1 foot of ,vidth of such
side yard and may extend or project into a required front, side or
rear yard not more than 30 inches. Chimneys may project into a re-
quired front, side or rear yard not more than 1 foot, provided the
width of such side yard is not reduced to less than 3 feet.
3. Fire Escape - A fire escape may extend or project into any front,
side or rear yard not more than 4 feet.
4. Open Stairway and Balcony - An open, unenclosed stairway or balcony,
not covered by a roof or canopy, may extend or project into a require
rear yard not more than 1� feet, and such balcony may extent into a
required front yard not more than 30 inches.
5. Open Porch - An open unenclosed porch, platform or landing place
not covered by a roof or canopy, which does not extend above the leve
of the first floor of the building, may extend or project into any
required yard not more than 4 feet. Steps which do not extend above
the level of the first floor of the building may also extend or
project into any required yard, provided that no such steps or no
combination of steps and open porch may so extend or project more
0 than 7 feet.
/(/ 1 6. Pence or '.gall - A fence, lattice -work screen or wall, may be located
(� �b in any required rear or side yard if not more than 6 feet in height
and in any front yard if not more than 4 feet in height, except for
corner setbacks as required in Section 11.
1-0
555
7. Landscape Feature - A landscape feature, such as trees, shrubs,
flowers or plants, shall be permitted in any required front, side
or rear yard, provided that any hedge or 'thick growth of shrubs
in a required side yard does not exceed 6 feet in hei--ht and when
located in a required front yard does not exceed 4 feet in height)
except for corner setbacks as required in Section 11.
K. Side yards Reduced on Narrow Lots
I
Side yards on a lot the use of which is permitted by Section 11;
Subsection 2 hereof may be reduced so as to allow the erection on such
lot of a dwelling having a width up to 30 .feet, provided no one side .
yard is reduced to less than 5 feet in width and provided resulting
side yards having a total vridth of less than 12 feet shall be equal y
in width.
TITLE IX - AM -7-I TTISTRATION AND ENFORCEidTTIIT
It shall be the cuty of the Building Inspector of the City of Paducah, who is
hereby designated and referred to herein as "Enforcement Officer," to enforce
the provisions of this ordinance in the manner and form and with the powers
provided herein and in the lams of the State of Kentucky
SECTIOAI 33. Building Permit. !To building; or structure shall be erected, re-
constructed, enlarged or moved until a building permit shall have been applied
for in writing and issued by the Enforcement Officer. Said permit shall be
posted in a prominent place on the premises prior to and during the period of
erection, reconstruction, enlar.,ement or moving.
Before a permit is issued for the erection, moving, alteration_, enlargement or
occupancy of any building or structure or use of premises the plans and intende
use shall indicate conformity in all respects to the provisions of this ordi-
nance.
A. Site Plan
Every application for a building permit submitted to the Enforcement
Officer (except (a) an application for the alteration of the interior)
of an existing structure or for 'the erection of a one-story addition
thereto, not resulting in an increase in the number of dwelling units
I
therein or a decrease in the size of required yards or established
i
yards, whichever is the lesser, or (b) an application for the erection
or alteration of accessory buildings, other than Sarage) shall be
accompanied by a site plan, drawn to scale, showing the following:
I
1, riorth arrow
2. Game of property owner or owners.
3. Street and number, as obtained from the Office of the City
Engineer
4. Lot boundaries, building site and exist:in.- buildin;s on the lot.
556
5. Accurate dimensions of lot boundaries, yards, buildin3 site and
buildi:lf-s.
6. La70ut of off-street parking and loading spaces, when required,
driveways.
7. Location of corner stakes and other necessary reference markers
placed on the property by a competent surveyor or engineer.
Any application for a building permit which proposes to comply with
paragraphs B and C of Section 32, of this ordinance, or on which action
by the Board of Commissioners is required, shall show on the site Plan
the location, size and use of any and all buildings not on the lot but
within 50 feet from the boundary thereof, unless separated therefrom
by a street.
B. Interpretation of Ordinance
The provisions of this ordinance shall be interpreted and applied and
shall be held to be the minimum requirements for the promotion of health,
safety, morals, convenience or the general welfare. The lot area and
yards required by this ordinance for a. particular building shall not be
diminished and shall not be included as part of the required lot area
or yards of any other building. The lot areas and yards of buildings
existing at the effective date hereof shall not be diminished below the
requirements herein provided for buildings hereafter erected and such
required areas and yards shall not be included as a part of the required
areas or yards of any building hereafter erected:
C. Completion of Existing Buildings
Nothing in this ordinance shall require any change in the plans, con-
struction or intended use of a building for which a building permit has
heretofore been issued by the Enforcement Officer and the construction of
which shall have been diligently prosecuted within 6 months of the date
of such permit and the ground story framework of which, including the
second tier of beams, shall have been completed within such 6 months,
and such entire building shall be completed according to such plans as
filed within 2 years from the effective date hereof.
;Iothing herein shall prevent the reconstruction of a wall or other
structural part of a building declared unsafe by a properly constituted
authority.
SECTIO?1 34. Certificate of Occupancy. A certificate of occupancy to be issued
by the Enforcement Officer shall be required for any of the following:
(a) Occupancy and use of a building hereafter erected, enlarged or relocated,
(b) Change in use of an existinL building.
(c) Occupancy and use of vacant land except for the raising of crops.
557
(d') Change in the use of land to a use of a different classification,
except for the raising of crops.
(e) Any change in use of a nonconforming use.
No such occupancy, use, or change of use, shall take place until a certificate)
of occupancy 'therefor shall have been issued.
Written application for a certificate of occupancy for a new building or for
an existing building which has been enlarged shall be made at the same time
as the application for the building permit for such building. No fee shall
be charged for an original certificate applied for coincident with the appli= II
cation for a building permit; for all other certificates or for copies of any
original certificate there shall be a charge of Two (;;12.00) Dollars each. III
Said certificate shall be issued within 3 days after a .mitten request for the
same has been made to the Enforcement Officer after the erection or enlargement
of such building or part thereof has been completed in conformity with the
I
provisions of this ordinance.
i
Pending the issuance of such a certificate, a temporary certificate of occu-
pancy may be issued by the enforcement Officer for a period of not more than i
i
6 months during the completion of the construction of the building or of
alterations which are required under the terms of any law or ordinance. Such
temporary certificate shall not be construed in any way to alter the respective
rights, duties or obli.ations of the owner or of the City relating to the use
or occupancy of the land or building, or any other matter covered by this
ordinance, and such temporary certificate shall not be issued except under
such restrictions and provisions as will adequately insure the safety of the
i
occupants. l
Written application for a certificate of occupancy for the use of vacant land,
I
or for a change in the use of land or of a building, or for &.change in a non-
conforming use, as herein provided, shall be made to the Enforcement Officer. i
If the proposed use is in conformity with the provisions of this ordinance, thel
certificate of occupancy therefor shall be issued within 3 days after the
application for the same has been made. Each certificate of occupancy shall
state that the building or proposed use of a building or land complies with II
all provisions of this ordinance. i
:I
A record of all certificates of occupancy shall be lept on file in the office {
of the Enforcement Officer and a copy shall be forwarded, on request, to any
i
person having proprietary or tenancy interest in the building or land affected.],
No permit for the erection, alteration or relocation of any building shall be j
issued before application has been made for a certificate of occupancy.
SECTION 35. Enforcement. All departments, officials and public employees of
558
I
the City which are vested with the duty or authority to issue permits or liccnso.
shall conform to the provisions of this ordinance shall issue no permit or
license for any use, buildin& or purpose if the same would be in conflict with
the provisions of this ordinance.
Any permit or license, issued in conflict with the provisions of this ordinance,';
i
shall be null and void.
ED SECTIOiI 36. (Unassigned)
I
SECTIOii 37. Piling Fees. Any petition, application or appeal on which the
Board or the Commission is required to act ahsll be accompanied by a filing fee
I
of Five (•.15.00) Dollars which shall be paid to the Treasurer of the Commission
and no part of which shall be returnable to the petitioner, applicant or
appellant.
TITLE iti - COTZ.IISSIOIl
SECTIOY 33. Organization. The City Planning and Zoning Commission of the City
of Paducah, Kentucky is hereby re-created and re-established as the Paducah-
TIcCracken County Planning Commission, and its appointive membership and the ter
of office of its respective appointive members shall be as provided for in the
Kentucky Revised Statutes.
The Commission shall meet regularly at least once each month and at such other
times as the Commission may determine.
SECTION 39. Powers of the Connission. The Commission shall have such porters
as are granted to it by the Kentucky Revised Statutes and by this ordinance.
TITLE XI - BOARD OF ADJUSTi !1-_,;=1T
SECTION 40. Ortanization. The Board of Adjustment, City Planning and Zoning
is hereby re-created and re-established as the Paducah-:cCracken County Board
of Adjustment, and its membership and the terms of this office of its respective)
members shall remain as they are constituted and in force as of the effective
date hereof.
I=leetings of the Board shall be hold at the call of the Chairman and at such I
other times as the Board may determine. The Chairman, or in his absence, the
Acting Chairman, may administer oaths and compel the attendance of witnesses.
Upon receipt of a petition or application addressed to the Board, the Board
shall, prior to a public hearing thereon, send a copy 'to the Commission for
its information and review as to the effect of the petition or application
upon the master plan of the city, and the Commission may present its recommenda-
tions thereto to the Board. Prior to decision on such petition or application,
the Board shall hold public hearings thereon, notice of which shall be mailed to
the petitioners and applicants and to the owners of all property deemed by the
559
Executive Secretary to be affected thereby, including the owners or occupants
of adjacent properties. Such notices shall also be published as required
by law prior to the public hearings in a daily newspaper published in the City.
The cost of notifying affected property ot:Iners and the cost of advertising the
notices of the public hearings, shall be borne by the petitioners or applicants.
The Board shall cause to be made a detailed record of all its proceedings, setting
forth its reasons for its decisions. Copies of such record, immediately followinl€
the Board's decisions, shall be filed in the office of the Board and of the Enfor!I
cement Officer, and shall be open to public inspection. Notices of such decision!
I
shall be mailed forthwith to each party in interest, as aforesaid.
Decisions of the Board shall be subject to appeal in the manner and to the extent
provided by the Kentucky Revised Statutes.
SECTION 41. Powers of the Board. The Board shall have such powers as are grante
to it by the Kentucky Revised Statutes and by this ordinance. In the exercise of
those powers and the responsibilities assigned to it by this ordinance, it may
impose such conditions regarding the location, character and other features of t
proposed building, structure or use as it may deem advisable in furtherance of
the purposes of this ordinance. It shall not, however, permit any use in any zone
which would be in conflict with the regulations applicable to such zone under thel
terms of this ordinance.
TITLE XII - AAIENDIV1ENTS TO ORDINANCE AND NAP
For the purpose of amending the regulations contained in this ordinance reference
shall be made to the amended Section, but any Subsection or paragraph of a Sectio
which is amended shall be reproduced. It shall not be necessary to reproduce the
affected Section in its entirety unless deemed necessary to an understanding of
the effect of the amendment.
SECTIGH 42. Procedure. This ordinance may from time to time be amended pursuant
to the applicable provisions of the Kentucky Revised Statutes.
I
SECTION 43. Filing Fees. Any petition for an amendment to this ordinance, except
by the Commission or Board, shall be accompanied by a filing fee of Twenty-five
('5?25.00) Dollars, which shall be paid to the Treasurer of the Commission and no
part of which shall,be returnable to the petitioner. i
TITLE XIII - VALIDITY AMID ADOPTION
SECTIOII 44. Conflict with Other Ordinances. All ordinances or parts of ordinancq
in conflict herewith are, to the extent of such conflict, hereby repealed.
The provisions of any ordinance which require a greater width or size of yards,
courts, lots or other open spaces, or require a lower height of buildings, or
require a greater percentage of lot or area to be left unoccupied, or impose other!hiCher
standards than are required or imposed by this ordinance shall not be regarded or'!
560
construed to be in conflict herewith, and such provisions shall govern and
remain in full force and effect.
The provisions of any ordinance which require a lesser width or size of yards,
courts, lots or other open spaces, or permit a greater heiGht of buildings, or
require a lesser percentage or lot or area to be left unoccupied, or impose othe
loae-r standards than are required, permitted or imposed by this ordinance shall
be regarded and construed to be in conflict herewith.
All variances and exceptions lawfully granted by the Board prior to the effective
date hereof shall remain in full force and effect, in accordance with their term,
provided that any such variances and e::ceptions which have not been fully exercised
within six (6) months after said effective date shall automatically expire and
become null and void, and provided further that the use of any property in
accordance with the terms of any such variancesand exceptions shall be subject
to the provisions Of Section 7 hereof.
All violations of ordinances and parts of ordinances repealed hereby, committed
prior to the effective date hereof, sha11 be punishable to the same extent that
they would have been punishable had this ordinance not been adopted.
SECTI01 45. Severance Clause. 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 an
intent of this ordinance to make each and every section, paragraph and provision
hereof separable from all other sections, paragraphs and provisions, so that if
any section, paragraph or provision hereof shall be Found to be invalid, in-
operative or ineffective, the deficiency or invalidity thereo_" shall not affect I
any other section, paragraph or provision hereof.
SECTIO -11 46. Effective Date: This ordinance shall be in full force and effect
from and after its adoption, j
Signed R03ERT C. CxEZay
�aayor
Passed by the oard of Commissioners April 8, 1952
Recorded by 5a -rah Thurman, City Clerk, April 17, 1952
Published in the Paducah Sun -Democrat, April 17, 1952
REVISED AND L-7ENDPD June 8, 1961
FIGURE 1 , SPECIAL EXCEPTIONS AND REQUIREMENTS
•- -•- ••-- v. uie special Exception Involves more than one of those listed, the applicant may apply for a Special Exception which
most closely [elates to the primary use; provided that the requirements of all the related uses will be met.
Re mt.
ZONES IN WHICH
Desig. REQUIREMENT
SPECIAL EXCEPTION
USE MAY BE PERMITTED
REQUIREMENT DESIGNATION
Airport or Heliport
All
b6 (heliport), 612(Auporq, g, h2, it (Airport)
B.1 additional
9. 1 per 4 beds plus 1 per doctor plus 1 per 3 employees plus 1 per
hospital vehicle
10. 1 per employees on largest shift
b, MINIMUM LOT AREA
12 (Heliport), 11, kl, 12, n2, p, rl, s, t, U. V.
w
Animal Hospital, Kennel
B2, B4, Ml, 1,13
bl, cl, e, h, kl, w
Artificial Lake of 3 or more acres
All
cl, il, jl, k2, p, rl, ul, v, w
Bulk Oil and Bottled Gas Storage Above
B4, Ml, M2 . M3
cll, hl
Ground and Tank Farm
17. 1 per camp site and 1 per cabin
7. 5 acres 14. Two times requirement for
Cemetery or Crematory
All except R3, R4
bll, c2, il, p, q, rl, v, w
Clinic or Medical Health Center
All except Cl, RI
bl, c3, h4, jl, k3. 11. rl, v, w
College Building
All except Cl, B5
bl, c6, d3, g, h4, M. 12, ml, nl, p, t, v
Country Club or Golf Course
All except B5
cl, d3, jl, k5, 11, p, r1. v, w
FueStation or Pollee Station
All
bl, cl, hl, jl, k6, 11, s
Greenhouse, Commercial
All except Cl, B5
b4, c6, f2, hl, k7, m4, nl, rl, v, w
Home Occupation
All except Cl, B5, M2, M3
bl, cl, fl, hl, k8, v
Hospital
All except Cl, B5, M2. M3
b7, c6, g, h5, jl, k9, 12, m5, nl, p, s, t, v
Junk Yard
Cl, M3
cl ee, hl 14, kll, 15, m2, n3, rl, v, w
Kindergarten or Day Nursery
All except Cl, B5, M2, M3
b3, c8, f3, hl. M. il, k12, p, rl, v
Mineral Extraction, Borrow Plt, Topsoil
Removal and Their Storage Areas
Cl, RI, M3
c9, e, hl, 15, jl, n3, rl, s, t, u3, v, w
Mobile Home Park
R4, B3, B4
b8, c6, d2, g, hl, jl, k13, 12, o, p, q, rl, s
3. Per Development Plan
1. d
ul, V. w
Mortuary
5. Up to 200 beds - 1
bl, cl, kl
Outdoor Theater
All except Rl, R2, R3, R4 , BS
c6, 16, kll, p, rl, s, t, v, w
Outdoor Commercial Recreational Enter-
prise
Al] except Rl, R2, R3, B5
c4, dl, hl, 11, j3, k14, :2, nl, p, r2, s, E. v,
w
Penal or Correctional Institution
B2, B4, Ml, M 3
b13, 00, e, g, 1,15, 15, n3, p, rl
Practice Golf -Driving Range
All except R1, R2, R3, R4, B5
c6, 17, j3, k16, 12, rl, v
Private Recreational Development
All
3. Same as General Industrial
4, 45 5. 70
except B5
c4, g, hl, j3, k2, 12, rl, v, w
Produce Terminal, Wholesale
B2, B4, Ml, M2, M3
b10, c7, d3, e, hl, 18, jl, kll, 14, m3, n2, p.
Public Camp
APPROVE FUTURE IMPROVEMENTS
rl, s, t, v, w
4. Solid wall or solid painted fence 8 feet high
5, 4 -toot wire mesh in Residence Area
R4, B3, B9
b7, c6, dl, hl, j3, k17, 12, rl, ul, v; w
Radio of Television Tower
B. 6 -foo[ wire mesh
2. 2
All
kill, rl, v
Railroad Rig Way and Uses Essential
All
(Tight screen, effective at all times)
1, 6 -foot height by 6 -foot width
to Railroad Operation
❑, OTHER AUTHORITY APPROVAL REQUIRED
hl, k20, rl, v
Raising and Breeding of Non -Farm Fowl and
Animals, Commercially, except Kennel
Cl, B4, Ml, M3
b4, e10, hl, jl, k7, 12, ml, n2, 11, V. w
Public or Commercial Sanitary Fill or Refuse
All
LIGHTING SHALL BE APPROVED BY THE COMMISSION
Dump
except RI. R2, R3, R4, B5
bll, ell, e, 19. Is, rl, ul, v, w
Seasonal Fishing or Hunting Lodge
x, NO SALES, DEAD STORAGE, REPAIR WORK OR DISMANTLING
5, 30
6. 1 per 3 employees shift
Public obl,
Sewage
Cl, M3
cl, f4, k22, v, w
Disposalrplant��cla1 or Garbage
A]1 except R1, R2, R3, R4, B1, B3
bll, ell, e, kill, rl, ul, v, w
Stadium or Coliseum
Tourist Home
All except BS
67, c2, jl, k24, 12, m2, nl, p, r2, s, t, v
�
bl, :1. fl, hl, k26, rl, v
•- -•- ••-- v. uie special Exception Involves more than one of those listed, the applicant may apply for a Special Exception which
most closely [elates to the primary use; provided that the requirements of all the related uses will be met.
Re mt.
9 t
Desig. REQUIREMENT
Des
g. REQUIREMENT
a, CLASSIFICATION OF USE PERMITTED
Industrial
7,1 per 3 employees plus 1 per 125 square fee[ of sales area
1. General
2. Neighborhood Business
B.1 additional
9. 1 per 4 beds plus 1 per doctor plus 1 per 3 employees plus 1 per
hospital vehicle
10. 1 per employees on largest shift
b, MINIMUM LOT AREA
1. .4 S. 5 acres including 2500 sq, ft.
11. 1 per 2 employees
2. 1500 sq. ft. per mobile home stand
3. 110 sq. f[, child 9. 6 acres
12. 1 per 2 employees plus 1 per 5 children to be accommodated
per
4. 25,000 sq. It. 30. 20 acres
13. 1 per 2 employees plus 1 per mobile home stand
14, 1 per 3 employees plus 1 per 500 square feet of use area
5. 20,000 sq. ft plus 5,000 sq. 11. 40 acres
15. 1 per 3 employees plus 1 per 10 inmates at estimated capacity
ft. per horse over four (4) horses 12. 80 acres
16. 1 per 3 employees plus 1 per driving tee
6. One acre 13. 320 acres
17. 1 per camp site and 1 per cabin
7. 5 acres 14. Two times requirement for
18. Telephone Exchange - 1 per employee
Single -Family Dwelling
19, 1 per employee per shift
20, 1 per 2 employees where headquartered
c. MINIMUM YARDS (Feet)
21. 1 per 5000 square feet
Front Side(each) Rear Front Side (each) Rear
22, One
23. 1 per 60 square fee[ of sales area
1. 9 k 7, 100 Abutting Residential = 75
24, 3 per 4 employees plus 1 per 4 seats
2. d 50 50 Abutting Other Use = 35
25. 1 per 2 employees plus 4 for customers
3. 9 10 30 8. 9 20 °
26. 1 per employee plus 1 per sleeping accommodation
4. ti 40 40 9. 150 150 150
27, Two
5. 0 10. 100 100 100
1. DISTANCE OF PARKING AREA FROM RESIDENTIAL DISTRICT
1. 30 (Feet)
6. 100 40 40 11. 300 300 300
d. BUILDING SETBACK FROM CENTER LINE OF INTERIOR ROAD
(Feet)
2. 25
1. 40
3. 50
2. 50
4, 100
3. 85
5, 300
e. USE PERMITTED NOT CLOSER THAN 300 FEET TO A RESIDEN-
m. NUMBER OF LOADING AND UNLOADING BERTHS
TIAL ZONE
(Shall Not Face on Bordering Highway)
1. 1
2. 2
f. MINIMUM GROSS FLOOR AREA OF PRINCIPAL BUILDING(S)
(Square Fee[)
3. Per Development Plan
1. d
4. 15, 000 square feet - 1: Over 15, 000 feet - 2
2. Over 1000
5. Up to 200 beds - 1
3. Determined by Number of Children to be Accommodated
200 to 500 beds - 2
4. 400
over 500 beds - 3
5, Two times Single -Family Dwelling
6. Per Figure 6
g. PLAN OF LANDSCAPE DEVELOPMENT TO BE SUBMITTED WITH
n. DISTANCE OF LOADING AND UNLOADING BERTH FROM RESI-
APPLICATION
DENTIAL ZONE (Fee[)
1. 50
2. 100
h• MAXIMUM HEIGHT OF STRUCTURE (Feet)
1, 9
3. 300
2. As required by appropriate State or Federal Agency
o. PLAT APPROVED BY THE COMMISSION TO BE SUBMITTED
3. Same as General Industrial
4, 45 5. 70
WITH APPLICATION
i, FENCE
P. DEVELOPMENT PLAN TO BE SUBMITTED WITH APPLICATION
1. 6 -foot wire mesh where accessible to the public
2. 6 -foot wire mesh when located at ground level
q. COVENANT BY OWNERS TO PERPETUATE MAINTENANCE AND
3, 4 -foo[ wire mesh around play area
APPROVE FUTURE IMPROVEMENTS
r. MAXIMUM NUMBER OF PRINCIPAL ENTRANCES FROM MAJOR
4. Solid wall or solid painted fence 8 feet high
5, 4 -toot wire mesh in Residence Area
6. Painted board fence 8 feet high
THOROUGHFARE
7. Adequate to protect abutting use
1. 1
B. 6 -foo[ wire mesh
2. 2
9. 6 -foot solid painted for Refuse Dump
s. ACCEPTABLE RELATIONSHIP TO 1,fA70R THOROUGHFARE
I- SCREEN PLANTING WHERE ABUTTING RESIDENTIAL USE
t, THOROUGHFARES MUST BE ADEQUATE TO CARRY ADDITIONAL
(Tight screen, effective at all times)
1, 6 -foot height by 6 -foot width
TRAFFIC ENGENDERED BY USE
❑, OTHER AUTHORITY APPROVAL REQUIRED
2. 25 feet abutting Residential Zone or Use
3, 8 -foo[ height by 6 -foot width
4. Adequate to screen Power Substation from Street View
5. 6 feet high along streets for Refuse Dump
I. Sate Board of Health2, Aeronautics Commission of Kentucky
k• PARKING SPACES
v, OUTDOOR ADVERTISING SIGNS AND OUTDOOR ARTIFICIAL
I. 1per 2 employees plus 1 er 4 seats for public
LIGHTING SHALL BE APPROVED BY THE COMMISSION
2. 1 per 2 customers or members
3. 1 per 2 employees plus 3 per doctor
w, DISPOSAL OF LIQUID AND OTHER WASTES SHALL MEET THE
4. 1 per 3 employees plus 1 per 6 students
APPROVAL OF THE STATE BOARD OF HEALTH
x, NO SALES, DEAD STORAGE, REPAIR WORK OR DISMANTLING
5, 30
6. 1 per 3 employees shift
per
ON THE LOT
NOTE: Use of q Symbol in this Figure indicates that the requirements of the
Zone apply to the Special Exception where located.
"0;
561
562
SECTIOfl 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 beim the purpose and intent of this Ordinance to make each
and everjF section, paragraph and provision hereof separable from all
other sections, paragraphs and provisions.
SECTION 4. This ordinance shall be in full force and effect from
and after its adoption.
v ( zz"iil
,,iayor
Passed by the Board of Commissioners June 8, 1961 �
Recorded by Sarah Thurman, City Clerk, June 8, 1961.