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HomeMy WebLinkAboutOrdinances Book 17, Page 194, Ordinance Number 70-6-338194 / ORDINANCE NO. 70-6-338 AN ORDINANCE AMENDING SUB -SECTION A-5 OF SECTION 22, OF APPENDIX A -ZONING OF THE CODE OF ORDINANCES CITY OF PADUCAH WHEREAS, on June 17, 1970, the Paducah Planning Commission held a public hearing on a proposed amendment to Sub -Section A-5 of Section 22 of Appendix A -Zoning of the Code of Ordinances of the City of Paducah, and WHEREAS, said Planning Commission has submitted its report recommending that said Sub -section be changed by eliminating the requirement that no building permit shall be issued for the erection of improvements or the occupancy of property for use as an automobile service station within 200 feet of any school, church or other place of public assembly, and substituting therefor that no building permit shall be issued for the erection of improvements or the occupancy of property for such use without the express written approval of the State Fire Marshall, and WHEREAS, the Board agrees that the distance requirement of 200 feet should be liberalized and that the term "other place of public assembly", needs to be clarified, but disagrees with the extent of the change and new language of the ordinance as provided by the said Planning Commission. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Sub -section A-5 of Section 22, of Appendix A -Zoning of the Code of Ordinances of the City of Paducah, Kentucky, be, and the same is hereby amended to read as follows: "5. Automobile Service Station - In accordance with the State of Kentucky regulations concerning the use, handling, storage and sale of flamm- able liquids, provided that any tire or tube repairing, battery charging and storage of merchandise or supplies is conducted wholly within a building, and provided that such use shall not include tire recapping, metal repair, valve grinding, spray painting or similar operation, which by nature may become noxious to occupants of adjacent property or the general public. No building permit shall be issued for the erection of improvements or the occupancy of property for such use within 60 feet of any school, church, theatre, or public auditorium where admission fees are to be charged. Plans for the erection and/or structural alteration of any automobile service station, including driveways, entrances, exits, parking areas, yards, pumps, buildings and other structures shall be approved by the Commission, which shall have the power to require such changes therein as maybe deemed necessary or 195 desirable to insure safety, to minimize traffic difficulties, and to safeguard adjacent properties. The service station use area shall be developed as required in Section 9." SECTION 2. That if any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. SECTION 3. This ordinance shall be in full force and effect from and after its adoption. Mayor �— Passed by the Board of Commissioners June 23, 1970 Recorded by Sarah Thurman, City Clerk, June 23, 1970