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HomeMy WebLinkAboutOrdinances Book 16, Page 24, No Ordinance NumberAN ORDINANCE APPROVING THE ATIENDED FINAL REPORT OF THE PADUCAH PLANNING COWIISSION RESPECTING THE ANENDNIENT OF SECTION 6 AND SECTION 7 OF THE PADUCAH ZONING ORDINANCE -1961, AND AMENDING SAID SECTIONS WHEREAS on December 7, 1966 the Paducah Planning Commission adopted a resolution entitled "A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COIWISSION ON THE PROPOSED APENDMIENT OF SECTION 6 AND SECTION 7 OF THE PADUCAH ZONING ORDINANCE -196111, which resolution was duly certified to this Board, and WHEREAS on January 3, 1967 this Board adopted an ordinance entitled "AN ORDINANCE APPROVING THE FINAL REPORT OF.THE PADUCAH PLANNING COMMISSION RESPECTINiG THE ANBPDM'TENT OF SECTION 6 AND SECTION 7 OF THE PADUCAH ZONING ORDINANCE -1961, AND AMENDING SAID SECTIONS", which ordinance departed.in certain respects from the recommendation contained in the aforesaid resolution, and - WHEREAS this Board has been informed that the legal effect of its action of January 3, 1967 was a recommendation to the Paducah Planning Commission -that the changes embodied in the ordinance of that date be taken -under consideration and acted upon, and WHEREAS on January 18, 1967 the said Paducah Planning Commission reconsidered the subject matter of its previous resolution of December 7, 1966, and consented to the changes proposed by this Board, and appropriately went on record to that effect by adopting a resolution entitled "A RESOLUTION ANE NDING A RESOLUTION ADOPTED ON DECEMBER 7, 1966, ENTITLED 'A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED AMENDMENT OF SECTION 6 AND SECTION 7 OF THE-PADUCAH ZONING ORDINANCE -196111', which resolution has been certified to this Board. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COIISIISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTIOF 1. That the aforesaid resolution of January 18, 1967 shall he, and it is hereby, approved as the final report of said Commission respecting the matters therein set forth. SECTION 2. That Section 6 of the Paducah Zoning Ordinance -1961 (Ordinance Book 11:,. pa:7e 607) shall be, and it is hereby, amended to read as folio -,Is: "S 6. Continuance of Nonconforming* Buildings or Uses. A. Nonconforming Buildings or Structures. 1. Idaintenance Permitted. A nonconforming building or structure may be maintained, except as otherwise provi- ded in this Section. 2. Repairs and Alterations - May be made to a nonconforming building or structure. 3. Additions, Enlargements or 14ovinr (a) A building or structure nonconforminr as to 25 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 lot area per dwelling unit 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 building or structure, including such addition and enlargements is made to conform to all the regulations of the zone in which it is located. (c) No nonconforming building or structure shall be moved in whole or in part to any other location on the lot on which it is situated 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 may not be added to or enlarged. A. Nonconforminr 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, may be continued. (b) With the formal authorization of the Board, granted after a public hearing duly advertised and con- ducted in accordance with the provisions of Section 40 hereof, and after a determination that properties in the general vicinity will not be prejudicially affected, an existing noncon- forming use of a building or structure (or a nonconforming use which has been discontinued not in excess of a period of 1$ consecutive months) may be changed to a new nonconforming use in the same or a more restrictive zone classification (e.g., a nonconforming B-1 Zone use in an R-1 Zone may, with Board authorization, be changed to another B-1 Zone use, or to an R-4, R-3, or R-2 Zone use). (c) Upon a determination by the Board that the proposed new nonconforming use will be in the same or a more restrictive zone classification, and will be more desirable than the previous noncon- forming use, the Board may authorize a change in the event the previous nonconforming use has been discontinued since January 1, 1961, for a period in excess of 18 consecutive months, ending on or before December 31, 1967. 2. Expansion Prohibited - A nonconforming use of a building or structure designed for a conforming use shall not be expanded or extended into any other portion of such conforming building or structure." SECTION 3. That Section 7 of said Paducah Zoning Ordinance -1961 shall be., and it is hereby, amended to read as follows: "S 7. Amortization of Nonconforming Uses or Buildings. A. The nonconforming open use of land shall be discontinued within five (5) years from the date on which such use became nonconforming. B. Whenever a nonconforming use of a building or structure has been discontinued after January 1, 1991, for a period of 1$ consecutive months, such use shall not thereafter be re-established, and any future use shall be in conformity with the provisions of this ordinance, provided, however, that the Board, in its discretion, shall have the authority, by employing the precedure set forth in Section L,0 hereof, to permit the re-establishment or reinstatement of such nonconforming• use in any instance where such use has been discontinued for a longer period of time, ending on or before December 31, 1967. 2, C. No building damaged by fire, act of God, or other cause, to the extent of its assessed value shall be repaired or rebuilt, except in conformity with the provisions of this ordinance." SECTION 4. That if any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for anY cause, the deficiencv or in,,alidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and ever- section, parar•'raph and provision hereof separable from all other sections, paragraphs and provisions. SECTION 5. That„this ordinance shall be in full force and effect from and after its adoption. r -favor -- Passed by the Board of Commissioners January 21F, 1967 Recorded by Sarah Thurman, City Clerk, January 24, 1967.