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HomeMy WebLinkAboutOrdinance Book 18, Page 66, Ordinance Number 73-2-75866� V ORDINANCE NO. 73-2-758 AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION RESPECTING THE AMENDMENT OF THE PADUCAH ZONING ORDINANCE -1971, BY ADDING THERETO A NEW SECTION TO BE KNOWN AS "SECTION 62, H-1, HISTORICAL ZONE", AND AMENDING SAID ORDINANCE 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 February 5, 1973, entitled "A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED AMENDMENT OF THE PADUCAH ZONING ORDINANCE -1971, BY ADDING THERETO A NEW SECTION TO BE KNOWN AS SECTION 62, H-1, HISTORICAL ZONE", be approved as the final report of said Commission respecting the matters therein set forth. SECTION 2. That the Paducah Zoning Ordinance -1971, be, and the same is hereby amended and reordained by adding thereto Section 62, H-1, Historical Zone, said new section to read as follows: "SECTION 62. USE PROVISIONS FOR THE HISTORICAL ZONE,_ H-1. It is the intent of this ordinance to provide for a historical zone which will assist in the preservation of places and areas of interest to those who are concerned with the history and architecture of the City's past. 62.01 Historical and Architectural Review Commission - Within the Historical Zone, H-1, before applications for building permits, permits to raze, wreck or remove a structure; and before certificates of occupancy can be approved by the Enforcement Officer, the building or use in question must be approved by the Historical and Architectural Review Commission, which is hereby created. The Historical and Architectural Review Commission shall have jurisdiction only in the Historical Zone, H-1, as defined by the zoning map of this Ordinance. Within the Historical Zone, the HARC shall have authority to= approve or disapprove the following items, only: The exterior features of the building and/or lot which are subject to public view from a public right-of-way, including texture, color, and type of building material used, but not interior arrangement, building size, or building or lot features not subject to public view. Razing of buildings in the Historical Zone is prohibited except where the HARC finds removal to be in harmony with the preservation of the Historical Zone. 62.02 Membership of the Historical and Architectural Review Commission - The HARC shall consist of five (5) members, each to be appointed by the City Commission. The term of office of the members shall be for three (3) years, except the terms of two of the members of the original Commission shall expire within three (3) years; two within two (2) years; and one within one (1) year. An appointment to fill a casual vacancy shall be for the unexpired portion, only. 62.03 Powers and Duties - The HARC shall have the power to establish by- laws for its own government and to elect its own officers. It shall be the function and duty of the HARC to pass upon the appropriateness of exterior architectural features of buildings, structures, signs, and other exterior features hereafter erected, reconstructed, altered or restored 67 in the Historical Zone, only, and provided that such features are subject to public view from a public right-of-way. 62.04 Review of Plans - All plans, elevations, and other information necessary to determine the appropriateness of the features to be passed upon, together with a copy of the application for a building permit or certificate of occupancy shall be made available to the HARC by the office of the Zoning Enforcement Officer. 62.05 ARproval/Disapproval of Plans - In case of the disapproval of plans by the HARC, the Commission shall state the rea^ons for such dis- approval in writing and transmit the written statement to the applicant. The written statement shall also contain suggestions of the Commission in regard to appropriateness within the zone of the property in question. Upon approval of plans, the HARC shall forthwith transmit a report to the Enforcement Officer stating the basis upon which such approval was made. The Enforcement Officer shall then issue a Certificate of Historical and Architectural Review. Such a certificate shall not, in any way, absolve the applicant from compliance with the other provisions of this Ordinance, the fulfillment of which is necessary prior to issuance of a building permit and certificate of occupancy. If the HARC fails to take final action on any case within forth -five (45) days after the date of application for permits, the case shall be deemed to be disapproved, except when mutual agreement has been made for an extension of the time limit. 62.06 Meetings - The HARC shall meet within ten (10) days after notifica- tion by the Enforcement Officer of the filing of an application for a building permit or certificate of occupancy for a case upon which the Review Commission is required to pass. The Review Commission may also hold meetings at its own determination, or upon call of the Chairman. 62.07 Certificate of Historical and Architectural Review - A Certificate of Historical and Architectural Review is required in advance of the con- struction, alteration, restoration, or use of a building or lot located within the Historical Zone, as designated on the zoning map of this ordinance." SECTION 3. That if any section, paragraph or provision of this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph 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. Mayor Passed by the Board of Commissioners February 6, 1973 Recorded by Sarah Thurman, City Clerk, February 6, 1973.