HomeMy WebLinkAbout2021-09-8702ORDINANCE NO. 2021-09-8702
AN ORDINANCE AMENDING CHAPTER 126
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO
CONDITIONAL USES
WHEREAS, any change to the text of the zoning code must be referred to the Paducah
Planning Commission before adoption and considered in accordance with KRS 100.211; and
WHEREAS, a public hearing was held on August 2, 2021 by the Planning Commission
after advertisement pursuant to law; and
WHEREAS, the Paducah Planning Commission duly considered said proposal and has
heard and considered the objections and suggestions of all interested parties who appeared at said
hearing; and
WHEREAS, the Planning Commission adopted a proposal to change the text of Section
126-68 Conditional Uses of the City of Paducah zoning ordinance; and
WHEREAS, the City desires to amend certain sections of the Paducah Code of
Ordinances to reflect the changes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky hereby amends Section 126-68
Conditional Uses of the Paducah Code of Ordinances as follows:
See. 126-68. Conditional uses
(a) Generally. Conditional uses are allowed only by specific approval of the Board of
Adjustment (also referred to herein as "Board") and only in the zone in which they are
listed; however, the following uses are permitted in all zones:
(1) Public utility installations;
(2) Government buildings and uses; and
(3) Public and parochial schools.
(b) Application and review procedure.
(1) Upon receipt of an application for a conditional use, the Board shall [send -a-copy
ap
eRndibiRnsl ilse ; an the master plan and Co -m --- may present its
«,l,.tionq then-,_..... t.. the ri, and The Board shall themproceed with a
hearing on the application in the manner prescribed in this [aitieleJ ] chapter.
Following the hearing; and upon an affirmative finding by the Board that:
a. The proposed conditional use is to be located in a zone wherein such use
may be permitted; and
b. The conditional use is consistent with the spirit, purpose and intent of this
chapter, will not substantially and permanently injure the appropriate use of
neighboring property, and will serve the public convenience and welfare;
[the 1R. afd shall .. mt the, condl;t;..nal „ o.l
C. then the Board shall grant the conditional Juse.
(2) The Board of Adjustment may approve or deny any application for a conditional
use permit. If [it approves the issuance ^ a conditional use permit is approved, the
Board[] may attach conditions to the approval such as time limitations,
requirements that one (1) or more things be done before construction can be
initiated; or conditions of a continuing nature. Any such condition shall be recorded
in the Board's minutes and on the conditional use permit, along with a reference to
the specific section of this article or any other applicable ordinance of the City
listing the conditional use under consideration.
(3) The Board of Adjustment shall have the power to revoke conditional use permits
for noncompliance with the conditions thereof. Furthermore, the Board shall have
the right of action to compel offending structures or uses to be removed at the cost
of the violator and may have judgment in personam for such cost.
(4) [The] A prp oved conditional use permits [appre ed by the Beai-a e f ^ a:....t .]
shall be recorded at the expense of the applicant in the officeof the County Court
Clerk.
(5) Approval of a conditional use permit does not exempt the applicant from complying
with all the requirements of building, housing and other codes and regulations of
the City.
(6) In any case in which a conditional use permit has not been exercised within one (1)
year from its date of issuance such conditional use may it « its efigiaal Zonin
designatie ] be revoked following a public hearing held by the Board of
Adjustment in accordance with KRS Ch. 424. "Exercised," as set forth in this
subsection, shall mean that binding contracts for the construction of the main
building or other improvements have been let or, in the absence of contracts, that
the principal building or other improvements are under construction to a substantial
degree, or that prerequisite conditions involving substantial investment are under
contract, in development, or completed. When construction is not a part of the use,
"exercised" shall mean that the user is operating in compliance with the conditions
as designated in the permit.
(7) The enforcement officer shall review all conditional use permits, except those for
which all conditions have been permanently satisfied, at least once each year. The
enforcement officer shall have the power to inspect the land or structure where the
[spee-ial] conditional use is located in order to determine if the landowner is
complying with all of the conditions [whieh listed on the conditional use
permit.
(8) If the landowner is not complying with all of the conditions listed on the conditional
use permit, the enforcement officer shall report this fact in writing to the
Chairperson of the Board of Adjustment. The report of the enforcement officer shall
state specifically the manner in which the landowner or occupant is not complying
with the conditions on the conditional use permit. A copy of this report shall be
furnished to the landowner at the same time (as nearly as is possible) it is furnished
to the Chairperson of the Board. The Board shall hold a hearing on the report within
a reasonable time, and notice of the time and place of the hearing shall be furnished
to the landowner and/or occupant at least one (1) week prior to the hearing.
(9) If the Board of Adjustment finds that the facts alleged in the report of the
enforcement officer are true, and that the landowner and/or occupant has taken no
action to comply with the conditions (as originally placed on the permit) between
the date of the report and the date of the hearing, the Board may authorize the
administrative official to revoke the conditional use permit and take the necessary
legal action to cause the termination of the activity [ofl—the--lana] which the
conditional use permit authorizes.
(10) Once the Board of Adjustment has completed a conditional use permit and all the
conditions required are of such type that they can be completely and permanently
satisfied, the administrative official, upon request by the applicant, may[,iF—.its
w ] make a determination that the conditions have been satisfied and enter
the facts which indicate that the conditions have been satisfied and the conclusions
in the margin of the copy of the conditional use permit which is on file with the
County Court Clerk; thereafter the use in question, if it continues to meet the other
requirements of this article, will be considered a permitted use.
SECTION 2. Severability. If any section, paragraph or provision of this Ordinance shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this
Ordinance.
SECTION 3. Compliance with Open Meetings Laws. The City Commission hereby finds
and determines that all formal actions relative to the adoption of this Ordinance were taken in an
open meeting of this City Commission, and that all deliberations of this City Commission and of
its committees, if any, which resulted in formal action, were in meetings open to the public, in full
compliance with applicable legal requirements.
SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict
with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the
provisions of this Ordinance shall prevail and be given effect.
SECTION 5. Effective Date. This Ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Cha,ter 424.
r C-- 6
Lindsay Parish,(C' y Clerk
Introduced by the Board of Commissioners, August 24, 2021
Adopted by the Board of Commissioners, September 14, 2021
Recorded by the City Clerk, September 14, 2021
Published by The Paducah Sun, September 18, 2021
ord\126-68 Conditional Uses