Loading...
HomeMy WebLinkAboutOrdinances Book 16, Page 3, No Ordinance NumberAN ORDINANCE APPROVINr, THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION RESPECTINC THE AMENDt�ENT OF SECTION 6 AND SECTION 7 OF TFE PADUCAH ZONING 6RDINANCE-19(l AND AP%TNDING SAID SECTIONS BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That a Resolution adopted by the Paducah Planning Commission 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 - 1961", 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 14, page 507) shall be, and it is hereby, amended to read as follows: "S 6. Continuance of Nonconforming Buildings or Uses. A. Nonconforming Buildings or Structures. 1.Maintenance Permitted. A nonconforming building or structure may he 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 Moving (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 lot area per dwelling unit regulations of the zone in which it is located. (b) A building or structure nonconforming as to height or -ard regulations 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 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 huilding or structure nonconforming as to use regulations may not be added to or enlarged. 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, may he continued. (b) ,lith the formal authorization of the Board, granted after a public hearing duly advertised and con- ducted in accordance with the provisions of Section 4-0 hereof, and after a determination that properties in the general vicinity will not he preiudicially 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 18 consecutive months) may he than -ed to a new nonconforming 3 j 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 chanced 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 he more desirable than the previous non -con- 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 desipned for a conforming use shall not be expanded or extended into any other portion of such conforming building of 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) nears 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, 1961, for a period of 18 consecutive months, such use shall not thereafter be re-established, and arra 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 emplovinp the procedure set forth in Section 40 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 or or beforeDecember 31, 1967. C. Ho 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 anv section, paragraph or provision of this ordinance shall he found to be inoperative, ineffective or invalid for any cause, the deficiencv or invalidity of such section, paragraph or provision shall not affect anv other section, parar*raph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph 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. u) • -k) t-:ayor Passed by thePoard o.fCommissioners January 3, 1967 Recorded by Sarah Thurman, City Clerk, January 3, 1967.