HomeMy WebLinkAboutAgenda Packet 04-12-2022CITY COMMISSION MEETING
AGENDA FOR APRIL 12, 2022
5:00 PM
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public
Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission
Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATION Duke of Paducah Presentation to Secretary of State Michael Adams
PROCLAMATION Sexual Assault Awareness & Prevention Month: Amberly Haverstock, Lotus Sexual
Violence Resource Center Program Director
PRESENTATION McCracken County Coroner Annual Update - Amanda Melton
ADDITIONS/DELETIONS
MAYOR'S REMARKS
Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one
motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which
event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items
recommended for approval.
I. CONSENT AGENDA
A.Approve Minutes for March 22, 2022
B.Receive & File Documents
C.Personnel Actions
D.Approve 2022 Annual Plan and Administrative Plan for the Section 8
Program - TOMMY HOLLIMON, JR.
E.2022 Kentucky League of Cities (KLC) Insurance Services Workers'
Safety Grant Application and Acceptance in the amount of $3,000 - S
SUAZO
F.Annual 911 Radio service agreement with Mobile Communications
America in an amount of $32,626.28 - B LAIRD
G.Contract Between the City of Paducah, Kentucky and Kenny's Lawn
Care & More for Maintenance of City Surplus Lots - G CHERRY
H.Authorize an Agreement with Central Paving Company of Paducah for
Compost Grinding of Tree Debris and Yard Waste - C YARBER
II. MUNICIPAL ORDERS
A.Approve an Agreement with Beautiful Paducah, LLC for the 2022 BBQ
on the River Event - D JORDAN
III. ORDINANCE(S) - ADOPTION
A.Zoning Text Amendments - J SOMMER
B.Zoning Text Amendment for Signage - J SOMMER
IV. ORDINANCE(S) - INTRODUCTION
A.Approve Contract Modification to Professional Services Contract with
BFW Engineering & Testing for the S. 24th Street-S 25th Street
Improvement Project in the amount of $48,241.00 - R MURPHY
B.Approve of Construction Contract for Buckner Lane Bridge
Replacement Project with Jim Smith Contracting, LLC in the amount of
$1,985,514.37 - R MURPHY
C.Approve Contract Modification #1 of Flapgate Construction Contract
with Jim Smith Contracting, LLC in the amount of ($463,400.00) - R
MURPHY
D.Approve Consensual Annexation of 5250 & 5266 US Highway 60
West - J SOMMER
E.FY2022 Budget Amendment in the amount of $3 Million to allocate
funding and authorize payment for the Airport Terminal Project from
the 2020A GOB Bond Proceeds - D JORDAN
F.FY2022 Budget Amendment in the amount of $600,000 from
Investment Fund Fund Balance Reserve to be used for City Facilities
Improvements (PF0079) - D JORDAN
V. DISCUSSION
A.Grants Update - H REASONS
VI. COMMENTS
A.Comments from the City Manager
B.Comments from the Board of Commissioners
C.Comments from the Audience
VII. EXECUTIVE SESSION
March 22, 2022
At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, March 22, 2022, at
5:00 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor George
Bray presided. Upon call of the roll by the City Clerk, the following answered to their names:
Commissioners Guess, Henderson, Wilson and Mayor Bray (4). Commissioner Gault was unable
to attend.
INVOCATION
Commissioner Guess led the invocation.
PLEDGE OF ALLEGIANCE
Mayor Bray led the pledge.
NEW EMPLOYEE INTRODUCTIONS – Chief Laird introduced 911 Telecommunicators
Mackenzie Dennis and Coby Fauver
PROCLAMATION – Mayor Bray presented a Proclamation to Lexie Millikan, YAC Executive
Director, declaring March as Mary Yeiser Month in honor of the 65th Anniversary of Yeiser Art
Center.
CONSENT AGENDA
Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate
consideration. Mayor Bray asked the City Clerk to read the items on the Consent Agenda.
I(A) Approve Minutes for March 8, 2022, Paducah Board of Commissioners Meeting
I(B) RECEIVE AND FILE DOCUMENTS:
Deed File:
1. Deed of Conveyance – City of Paducah to Rahim Shabbazz – 1142 North 14th Street
(MO #2528)
2. Deed of Conveyance – Jack Brewer to City of Paducah – 1938 Center Street (MO
#2543)
3. Deed of Conveyance – Tent City Missions, et al to City of Paducah – 1219- 1223-1225-
1227 Tennessee Street and 726 South 13th Street – (MO #2537)
Contract File:
1. Contract For Services – Wall to Wall Mural Board – $18,700 - Contract through June
30, 2022 (Signed by City Manager Arndt)
2. Contract For Services between City of Paducah and City of Mayfield – Fleet
Maintenance – MO #2550
I(C) Reappointment of Mark Knecht and Mark Kettler to the Paducah Golf Commission. Said terms
shall expire March 26, 2026.
I(D) Reappointment of Steven Page and Cindy Ragland to the Creative and Cultural Council. Said
terms shall expire March 24, 2025
I(E) Personnel Actions
I(F) A MUNICIPAL ORDER AUTHORIZING AN APPLICATION FOR A 2022 FIREHOUSE
PUBLIC SAFETY FOUNDATION GRANT FOR THE PURCHASE OF AN ATV VEHICLE
FOR THE PADUCAH FIRE DEPARTMENT THE AMOUNT OF $25,000 AND ACCEPTING
ANY GRANT FUNDS AWARDED BY FIREHOUSE PUBLIC SAFETY FOUNDATION,
March 22, 2022
AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO
SAME (MO #2553; BK 12)
I(G) A MUNICIPAL ORDER AUTHORIZING AN APPLICATION FOR AN AMERICAN
ASSOCIATION OF RETIRED PERSONS (AARP) COMMUNITY CHALLENGE GRANT IN
THE AMOUNT OF $50,000 TO ASSIST IN BUILDING A PICKLBALL COURT AT NOBLE
PARK, IN RESPONSE TO COMMUNITY REQUEST, ACCEPTING ANY GRANT FUNDS
AWARDED BY AARP, AND AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS RELATED TO SAME (MO #2554; BK 12)
I(H) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS
NECESSARY TO OBTAIN A CRUMB RUBBER GRANT IN THE AMOUNT OF $29,000
FROM THE KENTUCKY DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR A
POURED-IN-PLACE PLAYGROUND AND AUTHORIZING THE MAYOR TO EXECUTE
ALL DOCUMENTS RELATED TO SAME (MO #2555; BK 12)
I(I) A MUNICIPAL ORDER AUTHORIZING AN APPLICATION FOR A T-MOBILE
HOMETOWN GRANT IN THE AMOUNT OF $50,000 FOR THE LANGSTAFF PARK
REVITALIZATION, ACCEPTING ANY GRANT FUNDS AWARDED BY T-MOBILE, AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME
(MO #2556; BK 12)
I(J) A MUNICIPAL ORDER AUTHORIZING THE CITY OF PADUCAH TO USE THE
STANDARD ALLOWANCE FOR THE LOCAL FISCAL RECOVERY FUND AS
AUTHORIZED BY THE AMERICAN RESCUE PLAN ACT (MO #2557; BK 12)
Commissioner Guess offered Motion, seconded by Commissioner Henderson that the items on the
consent agenda be adopted as presented.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson and Mayor Bray (4).
RESOLUTION
PLEDGING SUPPORT FOR THE RAISE GRANT APPLICATION FOR FRIENDSHIP
ROAD/KY 1286
Commissioner Henderson offered Motion, seconded by Commissioner Wilson, that the Board of
Commissioners adopt a Resolution entitled, “A RESOLUTION OF THE BOARD OF
COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, RELATED TO THE US
DEPARTMENT OF TRANSPORTATION REBUILDING AMERICAN INFRASTRUCTURE
WITH SUSTAINABILITY AND EQUITY (RAISE) DISCRETIONARY GRANT PROGRAM
AND FRIENDSHIP ROAD/KY 1286 PROJECT.”
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson and Mayor Bray (4).
MUNICIPAL ORDERS
2022 CITY COMMISSION PRIORITIES
Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the Board of
Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER OF THE CITY OF
PADUCAH, KENTUCKY, ADOPTING THE CITY COMMISSION PRIORITIES FOR
CALENDAR YEAR 2022 AND REPEALING MUNICIPAL ORDER 2438.”
March 22, 2022
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson and Mayor Bray (4).
(MO #2558; BK 12)
RIGHT OF WAY ACQUISITION 5420 BUCKNER LANE
Commissioner Guess offered Motion, seconded by Commissioner Henderson, that the Board of
Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING THE
MAYOR TO EXECUTE A DEED OF CONVEYANCE AND ALL DOCUMENTS NECESSARY
TO ACQUIRE A PORTION OF REAL PROPERTY LOCATED AT 5420 BUCKNER LANE
FOR PERMANENT RIGHT-OF-WAY AND PERMANENT PUBLIC UTILITY AND
DRAINAGE EASEMENT, AS REQUIRED FOR THE BUCKNER LANE BRIDGE
REPLACEMENT PROJECT.”
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson and Mayor Bray (4).
(MO #2559; BK 12)
ORDINANCE ADOPTIONS
BUILD GRANT CONTRACT FOR PROFESSIONAL SERVICES WITH HDR, INC.,
FOR $2,039,500
Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the Board of
Commissioners adopt an Ordinance entitled, “AN ORDINANCE AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE A SHORT FORM AGREEMENT WITH HDR, INC.,
IN THE AMOUNT OF $2,039,500 FOR THE ENGINEERING DESIGN AND CONSTRUCTION
ADMINISTRATION SERVICES FOR THE FY19 BUILD GRANT.” This Ordinance is
summarized as follows: That the City of Paducah authorizes the Mayor to execute Short Form
Agreement with HDR, Inc., in the amount of $2,039,500, for the engineering design and
construction administration services for the BUILD FY2019 Grant.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson and Mayor Bray (4).
(ORD 2022-03-8725; BK 36)
CONSENSUAL ANNEXATION OF 185 LION’S DEN LANE
Commissioner Gault offered Motion, seconded by Commissioner Henderson, that the Board of
Commissioners adopt an Ordinance entitled, “AN ORDINANCE EXTENDING THE BOUNDARY
OF THE CITY OF PADUCAH, KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING
ADJACENT TO THE CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING
ACCURATELY THE BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE
SAID CORPORATE LIMITS.” This Ordinance is summarized as follows: The City of Paducah
hereby approves the consensual annexation of certain tracts of property contiguous to the present
city limits, located at 185 Lion’s Den Lane, containing approximately 4.639 acres.
The Mayor invited Nicole Martinez, owner of Tenacity Gym, to speak prior to the vote. She
expressed her enthusiasm about her business being within the City Limits.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson and Mayor Bray (4).
(ORD 2022-03-8725; BK 36)
March 22, 2022
ORDINANCE INTRODUCTIONS
ZONING TEXT AMENDMENTS
Commissioner Henderson offered Motion, seconded by Commissioner Wilson, that the Board of
Commissioners introduce an Ordinance entitled, “AN ORDINANCE AMENDING CHAPTER 126
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO
DEFINITIONS, PLANNED UNIT DEVELOPMENT, QUALIFIED MANUFACTURED HOMES,
AWNINGS & CANOPIES, CRYPTOCURRENCY MINING, ACCESSORY DWELLING UNIT
(ADU), MEDIUM DENSITY RESIDENTIAL ZONE, AND LIGHT INDUSTRY ZONE.” This
Ordinance is summarized as follows: This Ordinance amends Section 126-3 Definitions; Section
126-70 Planned Unit Development; Section 126-79 Qualified Manufactured Homes; Section 126-85
Awnings & Canopies; Section 126-97 Cryptocurrency Mining; Section 126-98 Accessory Dwelling
Unit (ADU); Section 126-104 Medium Density Residential Zone, R-3; and Section 126-110 Light
Industry Zone, M-1 of the City of Paducah zoning ordinance. Said amendments were heard by the
Paducah Planning Commission at a public hearing on March 7, 2022, and forwarded to the City
Commission with the recommendation of approval.
ZONING TEXT AMENDMENT FOR SIGNAGE
Commissioner Wilson offered Motion, seconded by Commissioner Henderson, that the Board of
Commissioners introduce an Ordinance entitled, “AN ORDINANCE REPEALING AND
REPLACING SECTION 126-76 OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH RELATED TO SIGN REGULATIONS IN ITS ENTIRETY.” This Ordinance is
summarized as follows: This ordinance repeals and replaces Section 126-76 Sign Regulations of the
Code of Ordinances of the City of Paducah in its entirety in order to standardize sign sizes in
residential, historic and commercial/industrial zones. Said changes were heard by the Paducah
Planning Commission at a public hearing on March 7, 2022, and forwarded to the City Commission
with the recommendation of approval.
DISCUSSION
ROBERT CHERRY CIVIC CENTER
Communications Manager Pam Spencer offered the following summary:
“On February 8, the Board reviewed two renovation design options prepared by PFGW
Architects for the 9377 square foot Robert Cherry Civic Center located at 2701 Park
Avenue. At this meeting, the Board approved a motion to move forward with the option that
uses the existing building footprint with no increase in square footage. This option uses
approximately three-quarters of the existing building footprint to provide assembly, kitchen,
and storage space with a seating capacity for 160 to 256 people at rectangular tables
depending upon the table configuration and dance floor space. The remaining building
square footage is designed to provide office and reception space for the Parks & Recreation
Department. It will take nearly four to five months to prepare the construction documents
and receive bids. The construction phase is estimated to take 12 to 16 months.”
March 22, 2022
MOTION
Commissioner Henderson offered motion, seconded by Commissioner Guess, that the Board
of Commissioners move forward with Option A as presented by BFW for the renovation of
the Robert Cherry Civic Center.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson and Mayor Bray (4).
ARPA FUNDING
Communications Manager Pam Spencer offered the following summary:
“The Board also agreed to set aside $1.8 million of the American Rescue Plan Act (ARPA)
funds for the project. The City of Paducah is receiving $6.439 million in ARPA funding and
already has set aside $4 million for stormwater projects.”
ADJOURN
Commissioner Guess offered motion, seconded by Commissioner Henderson, to adjourn the
meeting of the Paducah Board of Commissioners.
Adopted on call of the roll yeas, Commissioners Guess, Henderson, Wilson and Mayor Bray (4).
TIME ADJOURNED: 7:00 p.m.
ADOPTED: April 12, 2022
______________________________
George P. Bray, Mayor
ATTEST:
_______________________________
Lindsay Parish, City Clerk
April 12, 2022
RECEIVE AND FILE DOCUMENTS:
Deed File:
1. Deed and Easements – between Mary Judith Wilkey and Jerry Allen Wilkey – Buckner
Lane Project – 5403 Buckner Lane – MO #2551
2. Deed and Permanent Easement between Ben and Terry Green and the City of Paducah –
Buckner Lane Project – 5256 Buckner Lane - MO #2552
3. Quitclaim Deed – City of Paducah to Paducah Independent School District –ROW
Closings – Clark Street, Polk Street and Washington Street - ORD 2021-12-8718
4. Quitclaim Deed – City of Paducah to Paducah Independent School District –ROW
Closings Polk Street and Otis Denning Drive - ORD 2022-02-8721
Contract File:
1. Interlocal Cooperation Agreement – City of Paducah, County of McCracken, Barkley
Regional Airport Authority – Airport Terminal Project – ORD 2021-08-8701
2. Short Form Agreement between City of Paducah and HDR Engineering – BUILD -
$2,039,500 – ORD 2022-03-8725
3. Fifth Amendment to tower Option and Lease Agreement – AT&T – MO #2546
Financials File:
1. Paducah Water Works – Month ended February 28, 2022
Bids and Proposals File:
1. BUILD Grant – HDR Contract – Statement of Qualifications, Cost Proposal from HDR
and RFQ from October 2021
CITY OF PADUCAH
April 12, 2022
Upon the recommendation of the City Manager's Office, the Board of Commissioners of the
City of Paducah order that the personnel changes on the attached list be approved.
Michelle Smolen
City Manager's Office Signature
4/7/2022
Date
CITY OF PADUCAH
PERSONNEL ACTIONS
NEW HIRES - FULL-TIME (F/T)
PLANNING POSITION RATE OF PAY NCS/CS FLSA EFFECTIVE DATE
Henry, Angela K. Downtown Development Specialist $23.08/hr NCS Ex April 14, 2022
NEW HIRES - PART-TIME (P/T)
PARKS & RECREATION POSITION RATE OF PAY NCS/CS FLSA EFFECTIVE DATE
Everly, Rebecca Park Ranger $14.00/hr NCS Non-Ex April 14, 2022
Hill, Jeremiah L. Park Ranger $14.00/hr NCS Non-Ex April 14, 2022
PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS (FULL-TIME)
PREVIOUS POSITION CURRENT POSITION
ADMINISTRATION AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE
Jordan, Daron E. City Manager City Manager NCS Ex February 1, 2022
$73.32/hr $75.15/hr
FINANCE
Gray, Kristi Senior Accountant Senior Accountant NCS Ex April 21, 2022
$29.36/hr $30.83/hr
Guardian, Melanie Revenue Technician Revenue Technician NCS Non-Ex April 7, 2022
$18.84/hr $19.41/hr
PARKS & RECREATION
Wurth, Mary Senior Administrative Assistant Senior Administrative Assistant NCS Non-Ex March 31, 2022
$21.07 $21.70
PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS (PART-TIME)
PREVIOUS POSITION CURRENT POSITION
PARKS & RECREATION AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE
Baskin, Arthur L. Park Ranger Park Ranger NCS Non-Ex April 14, 2022
$11.00/hr $14.00/hr
Cress, John E. Park Ranger Park Ranger NCS Non-Ex April 14, 2022
$11.00/hr $14.00/hr
Crouch, Mary R. Park Ranger Park Ranger NCS Non-Ex April 14, 2022
$11.00/hr $14.00/hr
Lamphere, James F. Park Ranger Park Ranger NCS Non-Ex April 14, 2022
$11.00/hr $14.00/hr
Thomason, Jason W. Park Ranger Park Ranger NCS Non-Ex April 14, 2022
$11.00/hr $14.00/hr
POLICE
Boulton, Jon K. Equipment Specialist Equipment Specialist NCS Non-Ex April 7, 2022
$12.00/hr $15.00/hr
PARKS & RECREATION POSITION REASON EFFECTIVE DATE
Cunningham, Jackie R. Park Ranger Resignation March 18, 2022
Lesniewski, Lawrence Park Ranger Resignation March 18, 2022
Pruitt, Phillip Parks Maintenance - Laborer Termination March 31, 2022
Roberts, James P. Park Ranger Supervisor Resignation March 17, 2022
POLICE POSITION REASON EFFECTIVE DATE
Barkley, Meridith L. Evidence Technician Resignation May 31, 2022
April 12, 2022
TERMINATIONS - PART-TIME (P/T)
TERMINATIONS - FULL-TIME (F/T)
Agenda Action Form
Paducah City Commission
Meeting Date:
Short Title: Approval of the 2022 Annual Plan and Administrative Plan for Section 8 Program
Category: Municipal Order
Staff Work By: Lasica McEwen,
Tommy Hollimon
Presentation By:
Background Information: Required annually, this Administrative Plan outlines how the Housing Choice
Voucher program, also known as Section 8, is to operate. While most of the program’s regulations are
established by HUD, a few local preferences can be made, however these elements must be founded in the
Administrative Plan. Current FMR and adjusted Utility Allowances are also included.
Paralleling the preferences of previous years, the 2022 plan gives local preference to recent victims of domestic
violence, full-time students, families displaced by a federally declared disaster, working families, disabled and
elderly households. Also, a local customization, the 2022 plan continues to require a minimum payment by the
tenant of at least $50.00.
Local preferences include continued participation in the HUD-Veterans Affairs Supportive Housing (HUD-
VASH) program which continues to house 15 veterans, and continued promotion of both the Scholar House
and the Merryman House Initiative.
The 2022 Administrative also includes a more detailed description and procedures regarding the VASH
program.
A public hearing for this Administrative Plan was held on March 11, 2022. No comments were received.
Does this Agenda Action Item align with a Strategic Plan Action Step? No
If yes, please list the Action Step Item Codes(s):
Funds Available: Account Name:
Account Number:
Staff Recommendation: Approval
Attachments:
Revised 2022 Administrative Plan
*HUD Form 50077-CR (to be signed by Mayor)
*HUD Form 50077 (to be signed by Mayor)
Annual Plan HUD Form 50075-HCV
MUNICIPAL ORDER NO. ________
A MUNICIPAL ORDER ADOPTING THE CITY OF PADUCAH,
KENTUCKY, ADMINISTRATIVE PLAN FOR 2022 HOUSING CHOICE VOUCHER
PROGRAM, EFFECTIVE MAY 1, 2022, WITH SAID ADMINISTRATIVE PLAN
INCLUDING REVISIONS TO THE UTILITY ALLOWANCES FOR THE SECTION 8
HOUSING PROGRAM AS REQUIRED BY THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS REVISED
WHEREAS, it is the intent of the City of Paducah to submit an Annual Plan, as
required, to the U.S. Department of Housing & Urban Development to provide decent, safe, and
sanitary rental housing assistance for eligible families and provide opportunities, promote self-
sufficiency and economic independence for the Housing Choice Voucher program participants;
and
WHEREAS, the Utility Allowances and the Fair Market Rent may be updated
each year and as such are reflected in this Annual Plan.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah, Kentucky, Administrative Plan for 2022
Housing Choice Voucher Program, effective May 1, 2022 is hereby adopted in its entirety.
SECTION 2. That the City of Paducah adopts revisions of the Utility Allowances
for the Section 8 Housing Program reflecting certain changes in utility rates as outlined in the
Administrative Plan for 2022 Housing Choice Voucher Program, effective May 1, 2022.
SECTION 3. This Order will be in full force and effect from and after the date of
its adoption.
_______________________________
George Bray, Mayor
ATTEST:
_______________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, April 12, 2022
Recorded by Lindsay Parish, City Clerk, April 12, 2022
mo\sec8-annual plan & utility allowance 2022
CITY OF PADUCAH KENTUCKY Administrative Plan for 2022 Housing Choice Voucher Program
KY-137
Proposed Effective Date: May 1, 2022 As Adopted by the City of Paducah Board of Commissioners Municipal Order #
TABLE OF CONTENTS – City of Paducah Administrative Plan 2022 HCV Program
INTRODUCTION __________________________________________________________________________________________ 5
Housing Choice Voucher (HCV) Program overview _____________________________________________ 5
PART I. ELIGIBILITY AND OBLIGATIONS _____________________________________________________________ 6
1. Eligibility Determination _______________________________________________________________ 6
2. Selection of Program Participants – Local Preferences _____________________________________ 6
3. Income Targeting Selection Criteria ______________________________________________________ 7
4. Eligibility Exceptions (not eligible) _______________________________________________________ 7
5. Considerations in Denials and Termination- _______________________________________________ 8
6. Criminal Background Checks ___________________________________________________________ 8
7. Citizenship and Eligible Immigration Status _______________________________________________ 8
8. Verifying Income and Determining & Gross Family Contribution ______________________________ 8
9. Social Security and Supplemental Security Income Verification ______________________________ 8
10. Family Obligations __________________________________________________________________ 9
11. Interim Adjustments _________________________________________________________________ 9
12. Family Information Provided to Owners _______________________________________________ 10
13. Violence Against Women (VAWA) and Department of Justice Reauthorization Act of 2005 _____ 10
PART II. HOUSING STANDARDS AND INSPECTIONS ______________________________________________ 14
1. Housing Quality Standards and Inspection Procedures ____________________________________ 14
2. Housing Quality Standards (Approval of Unit Size Family Selects) ___________________________ 15
3. Unit Size Selection by Family __________________________________________________________ 15
4. Occupancy Standards ________________________________________________________________ 16
5. Disapproval of Owner ________________________________________________________________ 16
6. Annual Re-examinations ______________________________________________________________ 16
7. Continued Assistance after Family Break-Up _____________________________________________ 17
PART III. SPECIAL HOUSING TYPES & STANDARDS ______________________________________________ 18
1. Single Room Occupancy (SRO) [Sec. 982.602] ____________________________________________ 18
2. Congregate Housing [Sec. 982.606 of 24 CFR 982] ________________________________________ 19
3. Group Home [Sec. 982.610] ____________________________________________________________ 20
4. Shared Housing [Sec. 982.615] _________________________________________________________ 23
5. Cooperative Housing [Sec. 982.619] ____________________________________________________ 24
6. Manufactured Home [Sec. 982.620] _____________________________________________________ 25
PART IV. RENT, UTILITY ALLOWANCE STANDARDS _____________________________________________ 28
1. Minimum Rent _______________________________________________________________________ 28
2. Rent Reasonableness - Housing Choice Voucher Program _________________________________ 28
3. Security Deposit _____________________________________________________________________ 28
4. Payments ___________________________________________________________________________ 28
5. Payment Standard and FMR ___________________________________________________________ 29
6. Contract Rent Adjustments ____________________________________________________________ 29
7. Utility Allowances ____________________________________________________________________ 29
8. Portability - Voucher Program _________________________________________________________ 29
PART V. TERMINATION & GRIEVANCES ____________________________________________________________ 30
1. Grounds for Denial or Termination of Assistance to Applicants and Participants _______________ 30
2. Termination of Tenancy _______________________________________________________________ 30
3. Grievance Procedures ________________________________________________________________ 30
4. Complaints and Appeals ______________________________________________________________ 32
5. Absence from Unit ___________________________________________________________________ 32
6. Restriction on the Number of Moves by a Participant Family ________________________________ 32
PART VI. PROGRAMS __________________________________________________________________________________ 34
1. Conversion HCV's ___________________________________________________________________ 34
2. HUD-VASH __________________________________________________________________________ 34
3. Supported Programs (SP) _____________________________________________________________ 39
4. Family Self-Sufficiency Program _______________________________________________________ 39
5. HCV Homeownership Program _________________________________________________________ 42
6. Homeownership Option 10 Year Asset Exclusion _________________________________________ 47
7. Project-Based Voucher Program _______________________________________________________ 48
PART VII. ADMINISTRATION & EVALUATION _____________________________________________________ 50
1. Responsibilities of the Paducah Section 8 Housing office __________________________________ 50
2. Program Management Roles ___________________________________________________________ 50
3. Outreach ___________________________________________________________________________ 52
4. Briefing Families, Issuing Housing Choice Vouchers ______________________________________ 52
5. Administrative Fee Reserve Expenditures _______________________________________________ 52
6. Monitoring Program Performance ______________________________________________________ 53
7. Purged Files ________________________________________________________________________ 53
8. Fair Housing Policy and Equal Opportunity Housing Plan __________________________________ 53
9. Limited English Proficient (LEP) Policy __________________________________________________ 54
10. Reduction of Families Due to Reduced Funding ________________________________________ 57
PART VIII. MANAGEMENT ASSESSMENT OBJECTIVES ___________________________________________ 58
APPENDIX: 2022 FAIR MARKET RATES AND INCOME LIMITS __________________________________ 59
_______________________________________________________________________________________ 59
APPENDIX: 2021 UTILITY ALLOWANCES __________________________________________________________ 60
1. Single-family / Manufactured Home _____________________________________________________ 60
2. Walk-up / Multi-family ________________________________________________________________ 61
3. Duplex / Townhouse _________________________________________________________________ 62
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
INTRODUCTION page 5
INTRODUCTION
Our goal is to provide in Paducah-McCracken County decent, safe and sanitary rental housing for
eligible families and to provide opportunities, promote self-sufficiency and economic independence for
Housing Choice Voucher (HCV), also known as Section 8, program participants.
To achieve this mission, we will:
Recognize residents as our ultimate customer
Through effective and efficient management
Seek problem-solving partnerships with residents, landlords, community and government
leadership
The purpose of this administrative plan is to establish guidelines for staff to follow in determining
eligibility for Housing Choice Voucher (Section 8) programs. The basic guideline for this plan is
governed by the requirements of the U.S. Department of Housing and Urban Development (HUD) with
latitude for local policies and
procedures. The policies and
procedures governing
admissions and continued
occupancy are outlined in the
plan and these requirements
are binding upon applicants,
residents, landlords and this
Public Housing Agency (PHA),
known as the Paducah
Section 8 Housing office.
Notwithstanding the above,
changes in applicable federal
law or regulations shall
supersede provisions in
conflict with this policy.
Federal Regulations shall
mean those found in Section
24 CFR (Code of Federal
Regulations).
Housing Choice Voucher (HCV) Program overview
In the Housing Choice Voucher (Section 8) program, the PHA pays monthly rental subsidies so that
eligible families can afford decent, safe, and sanitary housing. HUD provides housing assistance
funds to the PHA and funds the PHA to administer the program.
Under the HCV tenant-based program, families select and rent units that meet program housing
quality standards (HQS). If the PHA approves a family’s unit and tenancy, the PHA contracts with the
owner to make rent subsidy payments (housing assistance payments) (HAP) directly to the owner on
behalf of the family, on a monthly basis. The family enters into a lease with the owner and pays its
share of the rent to the owner in accordance with the lease.
The HAP contract between the PHA and the owner covers only a single unit and a specific assisted
family. If the family moves out of the leased unit, the HAP contract with the owner terminates. The
family may generally move to another unit with continued assistance, so long as the family is
complying with program requirements.
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Part I. ELIGIBILITY AND OBLIGATIONS page 6
Part I. ELIGIBILITY AND OBLIGATIONS
1. Eligibility Determination
The Paducah Section 8 office serves the residents of Paducah-McCracken County, Kentucky and will
use a simple pre-application form as suggested by HUD that will enable us to make a preliminary
determination of eligibility. Complete applications of eligible families (Family is described as: A person
or group of persons, as determined by the Paducah Section 8 Housing office consistent with 24 CFR
5.403, approved to reside in a unit with assistance under the program) will be arranged by date and
time of application.
Eligibility Criteria:
A. A qualifying family is described as:
The term ''family'' includes, but is not limited to the following, regardless of actual or
perceived sexual orientation, gender identity, or marital status:
1. A single person, who may be an elderly person, displaced person, disabled person,
near-elderly person or any other single person; or
2. A group of persons residing together and such group includes, but is not limited to:
a. A family with or without children (a child who is temporarily away from the home
because of placement in foster care is considered a member of the family);
b. An elderly family;
c. A disabled family;
d. A displaced family; and/or
e. The remaining member of a tenant family.
B. The applicant must be of a very low-income status as established by HUD reflecting 50% of
the median income. Annual income (gross income) is compared to income limits
published by the Federal Register.
2. Selection of Program Participants – Local Preferences
This PHA – Paducah Section 8 Housing office – will utilize the following weighted local preferences in
the classification of families and placement on the waiting list. Priority will be given utilizing a point
system and organized on the waiting list by time and date of application in the following order in
coordination with the income targeting criteria as follows:
A. (20 points) Eligible applicants referred by a partnering service organization (PIH Notice 2017-
08) who are or have been victims within the past year of domestic violence as defined and
outlined by "Violence Against Women and Department of Justice Reauthorization Act of 2005"
or current legislation regarding violence against women.
B. (15 points) Eligible applicants who are currently enrolled or enrolled to be full-time students
(minimum 12 credit hours per semester) at an institution of higher learning in pursuit of a
degree or specialty program and are seeking self-sufficiency.
C. (10 points) Federally Declared Disaster Families or locally displaced by governmental action
- A family displaced by a federally declared disaster. Housing Choice Voucher participants or
Public Housing residents from the disaster area will receive preference over non-assisted
disaster families.
D. (5 points) Previously assisted eligible families that have been terminated by the PHA due to
reduced federal funding.
E. (3 points) Working families (at least one person employed a minimum of 25 hours per week
or receiving an equivalent pay of minimum federal wage times 25 weekly), disabled or elderly
families and families certified for homeowner assistance.
F. All other eligible families followed by (G).
G. Single, non-elderly, non-disabled.
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Part I. ELIGIBILITY AND OBLIGATIONS page 7
3. Income Targeting Selection Criteria
A minimum of 75% of all new admissions during any fiscal year will have incomes at or below
30% of area median income as established by HUD and published in Federal Register.
4. Eligibility Exceptions (not eligible)
A. No person owing money to this Agency or any other federally funded housing program shall be
deemed eligible for a Section 8 Housing Assistance.
B. Applicants who were past participants in the Section 8 Program may be determined ineligible if
it is determined that the applicant either:
1. Failed to satisfy liability for unpaid rent or damages.
2. Vacated the unit in violation of their lease.
3. Failed to promptly and/or honestly supply information relating to income, allowable
deductions and family compensations.
4. Intentional and willfully abused the program.
5. Was abusive or threatening to Section 8 workers.
C. In determining whether or not an applicant shall be determined ineligible and in determining
the length of the ineligibility, the Program Administrator shall consider factors such as:
1. The seriousness of the offense.
2. The applicant's current attitude.
3. The length and time that has lapsed since the offense.
D. Applicants and current Section 8 participants will be deemed ineligible for Rental
Assistance because of family members that engage in drug-related criminal activities
on or off the premises.
E. This Agency will deny or terminate assistance based on the following:
1. The felonious manufacture, sale or distribution or the possession with intent to
manufacture, sell or distribute of a controlled substance [as defined in Section 102 of the
Controlled Substance Act (21U.S.C. 802)]
2. The felonious use or possession of a controlled substance.
3. Illegal drug use or pattern of illegal drug use that may interfere with the safety or welfare
of other tenants.
4. Abuse of alcohol or pattern of such abuse that may interfere with the safety or welfare of
other tenants.
5. Violent criminal activity includes any felonious criminal activity that has as one of its
elements, the use, attempted use, or threatened use of physical force against the person
or property of another. Felonious is described as criminal activity classified as a felony
under Federal, State or Local Laws.
6. Any criminal activity that threatens the safety or welfare of other residents.
7. Manufacture or producing of methamphetamine (will receive a lifetime ban)
8. Family member fleeing to avoid prosecution or custody or confinement after conviction for
a felony or high misdemeanor
9. Sex offenders subject to a lifetime sex offender registration
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Part I. ELIGIBILITY AND OBLIGATIONS page 8
5. Considerations in Denials and Termination-
A. This Agency, Paducah Section 8 office, will deny or terminate assistance if the preponderance
of the evidence indicates that a Family member has engaged in such activity regardless of
whether the Family member has been arrested or convicted.
B. This Agency will consider all circumstances in each case i.e. seriousness of offense, extent of
Family member participation, effects of denial or termination on other Family members, etc.
C. This Agency shall give the applicant or participant an opportunity for an informal hearing
procedure.
D. This Agency will deny assistance to applicants who have been evicted from public housing or
terminated from assisted housing within the past 3 years for drug related activities, except for
the manufacture or producing of methamphetamine on the premise of the assisted unit which
will permanently deny eligibility for assisted housing.
6. Criminal Background Checks
Each applicant will be screened for criminal conviction records by reviewing police, court records,
probation and parole records and/or landlord references. These records will be used only for
applicant screening and termination purposes and will be destroyed once the purpose of their use
is completed.
Applicants rejected because of criminal records will be given a copy of the record and opportunity
to dispute its accuracy and relevance.
7. Citizenship and Eligible Immigration Status
Paducah Section 8 Housing office will obtain and verify evidence of citizenship and eligible
immigration status as required by HUD regulations implementing statutory restrictions on assisted
occupancy by certain noncitizens.
8. Verifying Income and Determining & Gross Family Contribution
A. Paducah Section 8 Housing office will verify income and gross family contribution as follows:
1. PIH Enterprise Income Verification System (EIV) to be utilized per HUD regulations in
24CFR 5.233 1
2. Third party verification
3. Review documents
4. Notarized statements and/or self-declaration of attributed income
B. Assets up to $5,000.00 may be self-verified with a self-declaration statement.
C. VASH participant’s income may be verified by the Housing Inquiry statement (HINQ) as
provided by our partner VA office.
D. Every calculation will be checked by another staff member and spot checked by the
Administrator at random intervals.
9. Social Security and Supplemental Security Income Verification
Paducah Section 8 Housing office will require verification of SS and SSI income from each
applicable participant and applicant by the provision of documents that indicate benefit amounts.
Upon receipt of SS/SSI Benefit History Report from HUD, we will review the applicable tenant
income history and notify the tenant of any discrepancy found that would adversely affect the
amount of housing assistance provided. The tenant will be given an opportunity to contest the
findings through the normal informal hearing process.
1 As per Notice PIH 2018-18 Use of EIV system
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Part I. ELIGIBILITY AND OBLIGATIONS page 9
If after verifying that tenants received excessive housing assistance by not reporting all of their
income, the Paducah Section 8 Housing office will use various enforcement actions depending on
the cost and benefits of the technique selected. Options selected include, but are not limited to:
Immediate Restitution
Repayment Agreement
Retroactive Rent
Garnishment of Wages
Prosecution
Termination of Assistance
The Paducah Section 8 Housing office will use a confessed judgment note when immediate
restitution or repayment agreement action is instituted.
All Tenant Income Discrepancy Reports used as a control for recording resolution of SS/SSI
income differences will be maintained for two years and destroyed.
10. Family Obligations
The family shall:
Notify the Paducah Section 8 Housing office BEFORE vacating the dwelling unit.
Supply such certification, release information or documentation as PHA or HUD
determines to be necessary in the administration of the program including use by the PHA
for a regularly scheduled re-examination of family income and composition in accordance
with HUD requirements.
Allow the Paducah Section 8 Housing office to inspect the dwelling unit at reasonable
times and after reasonable notice.
Use the dwelling unit solely for a residence by the family, and as the family's principal
place of residence.
REPORT ANY CHANGES of family composition, increases or decreases in medical
(elderly) or child care expenses, increases or decreases in family income.
The family shall not:
Own or have any interest in the dwelling unit (other than in a manufactured home assisted
under regulations or a member of a cooperative).
Assign the lease or transfer the unit.
Commit any fraud in connection with the Section 8 Housing Program.
Receive assistance under the Section 8 Housing Program while occupying or receiving
assistance for occupancy of another unit assisted under any Federal Housing Assistance
Program (including any other Section 8 Program).
11. Interim Adjustments
Families participating in the Housing Choice Voucher Program as well as the Paducah Section 8
Housing office are required to report any changes of family composition, increases or decreases
in medical (elderly) or child care expenses, increases or decreases in family income during each
contract year as they occur. The EIV system will be utilized at each interim adjustment to
determine income discrepancies. The tenant is required to reimburse the PHA for the difference
between the tenant rent that should have been paid and the tenant rent that was charged.2
2 Required by Notice PIH 2018-18 (#16)
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Part I. ELIGIBILITY AND OBLIGATIONS page 10
12. Family Information Provided to Owners
Paducah Section 8 Housing office will provide the following information to owners (upon request)
regarding a prospective tenant:
The family's current address
The name and address (if known) of the family's present landlord
Information known about tenancy's history of family members including documented drug
or violent criminal activity by family members.
Paducah Section 8 Housing office will provide families a statement of policy on the
provision of information to owners. The same type of information will be provided to all
owners and families.
13. Violence Against Women (VAWA) and Department of Justice Reauthorization
Act of 2005
On January 5, 2006, President Bush signed into law the "Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law 109-162). The law became
effective that same day. In addition to reauthorizing many programs at the Department of Justice,
the bill reauthorizes and expands provisions of the Violence Against Women Act (VAWA), which
was originally enacted in 1994.
The law defines domestic violence as "felony or misdemeanor crimes of violence committed by a
current or former spouse of the victim, by a person with whom the victim shares a child in
common, by a person who is cohabiting with or has cohabitated with the victim as a spouse, by a
person similarly situated to a spouse of the victim under the domestic or family violence laws of
the jurisdiction receiving grant monies, or by any other adult person against a victim who is
protected from that person's acts under the domestic or family violence laws of the jurisdiction
receiving grant monies." Dating violence, sexual assault, and stalking are included in the definition
of domestic violence.
The most significant affect the law has on Section 8 participants and applicants for rental
assistance is that an individual's status as a victim of domestic violence, dating violence, sexual
assault or stalking is NOT an appropriate basis for denial of assisted housing. The new law does
NOT change existing eligibility and continuing occupancy requirements.
Domestic Violence victims must still otherwise qualify for admission to and continuing participation
in assisted housing programs.
This PHA, Paducah Section 8 office, is committed to these victims, as well as members of their
immediate family, and to compliance with the VAWA law and will expand the applicant preference
include victims of dating violence, sexual assault and stalking. The PHA will require a certification
as to the incident(s). See FORM HUD-5382.
This PHA, Paducah Section 8 office, shall keep all information and certification(s) obtained by the
PHA about a victim's status confidential. The information will not be entered into any shared
database or provided to any related entity. However, the PHA may disclose the information if the
victim requests or consents to the disclosure in writing; the information is required for use in
termination proceedings related to whether the incident or incidents in question qualify as a
serious or repeated violation of the lease or criminal activity directly relating to domestic violence,
dating violence or stalking; or is otherwise required by law.
The following offenses are grounds for denial or termination of assistance for applicant/participant:
a. Criminal activity directly relating to domestic violence, dating violence, sexual assault, or
stalking, engaged in by a member of a tenant's household or any guest or other person under
the tenant's control, shall not be cause for termination of the tenancy or occupancy rights, if
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Part I. ELIGIBILITY AND OBLIGATIONS page 11
the tenant or immediate member of the tenant's family is a victim of that domestic violence,
dating violence, sexual assault or stalking;
b. Notwithstanding subparagraph a above, a PHA or owner under this section may bifurcate a
lease under this section, in order to evict, remove, or terminate assistance to any individual
who is a tenant or lawful occupant and who engages in criminal acts of physical violence
against family members or others, without evicting, removing, terminating assistance to, or
otherwise penalizing the victim of such violence who is also a tenant or lawful occupant;
c. Nothing in subparagraph a may be construed to limit the authority of a PHA or owner, when
notified, to honor court orders addressing rights of access to or control of the property,
including civil protection orders issued to protect the victim and issued to address the
distribution or possession of property among the household members in cases where a family
breaks up;
d. Nothing in subparagraph a limits any otherwise available authority of a PHA to terminate
participant assistance for any violation of a lease not premised on the act or acts of violence in
question against the tenant or a member of the tenant's household, provided that the PHA
does not subject an individual who is or has been a victim of domestic violence, dating
violence, sexual assault, or stalking to a more demanding standard than other tenants in
determining whether to evict or terminate;
e. Nothing in paragraph a may be construed to limit the authority of a PHA or owner to terminate
the tenancy of any tenant if the PHA or owner can demonstrate an actual and imminent threat
to other tenants or those employed at or providing service to the property if that tenant' s
tenancy is not terminated; and
f. Nothing is this section shall be construed to supersede any provision of any Federal, State, or
local law that provides greater protection than this section for victims of domestic violence,
dating violence, sexual assault, or stalking.
g. The PHA shall not terminate or refuse to renew the voucher due to an incident or incidents of
actual or threatened domestic violence, dating violence, or stalking. These incidents will not be
construed as a serious or repeated violation of the Housing Choice Voucher program by the
victim or threatened victim of that violence and will not be good cause for terminating the
Voucher of the victim of such violence.
* * * * *
CERTIFICATION OF DOMESTIC
VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING,
AND ALTERNATE
DOCUMENTATION
U.S. Department of Housing
and Urban Development
FORM HUD-5382
OMB APPROVAL NO. 2577-0286
EXP. 06/30/2017
Purpose of Form: The Violence Against Women Act (“VAWA”) protects applicants, tenants, and
program participants in certain HUD programs from being evicted, denied housing assistance, or
terminated from housing assistance based on acts of domestic violence, dating violence, sexual
assault, or stalking against them. Despite the name of this law, VAWA protection is available to
victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender
identity, or sexual orientation.
Use of This Optional Form: If you are seeking VAWA protections from your housing provider,
your housing provider may give you a written request that asks you to submit documentation about
the incident or incidents of domestic violence, dating violence, sexual assault, or stalking.
In response to this request, you or someone on your behalf may complete this optional form and
submit it to your housing provider, or you may submit one of the following types of third-party
documentation:
(1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an
attorney, or medical professional, or a mental health professional (collectively, “professional”)
from whom you have sought assistance relating to domestic violence, dating violence, sexual
assault, or stalking, or the effects of abuse. The document must specify, under penalty of perjury,
that the professional believes the incident or incidents of domestic violence, dating violence,
sexual assault, or stalking occurred and meet the definition of “domestic violence,” “dating
violence,” “sexual assault,” or “stalking” in HUD’s regulations at 24 CFR 5.2003.
(2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or
administrative agency; or
(3) At the discretion of the housing provider, a statement or other evidence provided by the applicant
or tenant.
Submission of Documentation: The time period to submit documentation is 14 business days
from the date that you receive a written request from your housing provider asking that you provide
documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking.
Your housing provider may, but is not required to, extend the time period to submit the
documentation, if you request an extension of the time period. If the requested information is not
received within 14 business days of when you received the request for the documentation, or any
extension of the date provided by your housing provider, your housing provider does not need to
grant you any of the VAWA protections. Distribution or issuance of this form does not serve as a
written request for certification.
Confidentiality: All information provided to your housing provider concerning the incident(s) of
domestic violence, dating violence, sexual assault, or stalking shall be kept confidential and such
details shall not be entered into any shared database. Employees of your housing provider are not
to have access to these details unless to grant or deny VAWA protections to you, and such
employees may not disclose this information to any other entity or individual, except to the extent
that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in
an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by
applicable law.
TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
1. Date the written request is received by victim:
2. Name of victim:
3. Your name: (if different from victim’s)
4. Name(s) of other family member(s) listed on the lease:
5. Residence of victim:
6. Name of the accused perpetrator:
(if known and can be safely
disclosed)
7. Relationship of the accused
perpetrator to the victim:
8. Date(s) and times(s) of incident(s): (if known)
9. Location of incident(s):
10. In your own words, briefly describe the incident(s):
This is to certify that the information provided on this form is true and correct to the best of my
knowledge and recollection, and that the individual named above in Item 2 is or has been a victim of
domestic violence, dating violence, sexual assault, or stalking. I acknowledge that submission of
false information could jeopardize program eligibility and could be the basis for denial of admission,
termination of assistance, or eviction.
Signature: Date signed:
Public Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour
per response. This includes the time for collecting, reviewing, and reporting the data. The information provided is to be
used by the housing provider to request certification that the applicant or tenant is a victim of domestic violence, dating
violence, sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA. This agency
may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office
of Management and Budget control number. FORM HUD-5382 (12/2016)
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Part II. HOUSING STANDARDS AND INSPECTIONS page 14
Part II. HOUSING STANDARDS AND INSPECTIONS
1. Housing Quality Standards and Inspection Procedures
Each housing unit occupied by an assisted participant under this Program must meet Housing Quality
Standards. This will be determined by the use of HUD Inspection Form 52580.
An inspection will be performed on each prospective unit within 15 calendar days following request,
unless extenuating circumstances are present. The Paducah Section 8 office shall inspect assisted
dwelling units under contract not less than biennially if the unit passed its inspection without a revisit.
If the unit has failed an inspection, the Paducah Section 8 office may inspect the unit annually.
To maximize efficiency and ensure an acceptable level of service, the Paducah Section 8 office may
assign inspections to be conducted by staff or a contracted inspector that is trained to conduct such
inspections in accordance with HQS.
It is the intent of this Agency to assure that each unit meets performance and acceptability
requirements in order to meet the requirement of decent, safe, and sanitary housing. This will be
achieved by adhering to quality control guidelines set forth in HUD Inspection Manual and following
inspection procedures:
The Inspector receives a request for inspection from the Paducah Section 8 office. The inspection
request might be for:
A. Pre-lease inspection.
The Program Administrator may have a tenant who has a unit that is questionable under the
Section 8 Program and may want a pre-lease inspection made. The Program Administrator will
make an appointment with the tenant and landlord to conduct a pre-lease inspection using the
Housing Quality Standards.
The Section 8 Program Administrator and Inspector must follow the Housing Quality Standards
with special regard to the plumbing and electrical systems. When inspecting a unit the Inspector
will look beyond the obvious new cosmetic remodeling. A unit may look clean and nicely
decorated but present subliminal health and safety guard.
B. Initial Inspections.
The Program Administrator or Inspector fill in the initial information on the inspection sheet and
contact the tenant to schedule the inspection. The Housing Quality Standards and local codes
must be met to insure the unit is decent, safe and sanitary.
While conducting the inspection it is the responsibility of the Inspector to note the unit's present
condition listing any deficiencies that need correction.
After the inspection is completed, the unit will be classified as one of the following:
1. Approved.
2. Conditionally Approved, contingent upon repairing the identified deficiencies within a
specified time.
3. Unapproved.
C. Re-exam Inspection.
Paducah Section 8 Housing office will conduct an inspection of a client's unit to determine that the
dwelling continues to meet the approved standards. When a tenant is up for a re-examination
inspection, the Paducah Section 8 Housing office will notify the resident and landlord to schedule
an inspection. The procedure for this inspection uses the same guidelines as an Initial Inspection.
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Part II. HOUSING STANDARDS AND INSPECTIONS page 15
D. Follow-up Inspection.
If a unit has been inspected and is conditionally approved, contingent upon seasonal repairs (e.g.
painting exterior of unit in adverse weather conditions), the landlord is given a due date in which to
complete the identified deficiencies.
After the repair due date has expired, a follow-up inspection is made. If the repairs have been
completed and are acceptable, the Inspector will classify the unit as approved. If the repairs are in
progress, an extension of time may be given at the discretion of the Inspector. The Inspector will
consider the degree of progress and the quality of the work at that point.
If repairs have not been initiated, the owner will be in Violation of their Contract with Paducah
Section 8 Housing office and will be notified of the termination of Contract. The resident will be
issued another Voucher to find housing elsewhere within 60 days.
E. Move-Out Inspections.
When a tenant leaves a unit that is under Contract with the Paducah Section 8 Housing office,
whether it is due to transfer to another unit, termination of the lease, skip out, or an eviction, an
optional move-out inspection may be requested by the landlord or tenant. The Paducah Section 8
office will write-up the inspection sheet and contact the tenant and/or landlord to schedule the
inspection. The inspector will conduct the inspection. Notations are made on the move-out form
and compared to the HUD Inspection Booklet, the Program Administrator's move-in sheet, and
any follow-up comments in the tenant's file. This comparison guards against tenants being
charged for any damage that was incurred from previous occupants.
The Section 8 Program Administrator and Inspector after each inspection make copies of the
report for the Section 8 file, the tenant file, and for the landlord records. In cases where the units
are acceptable contingent upon repairs, a cover letter including the tenant's name, the due date
for completion of repairs and the Program Administrator's and Inspector's names are attached to
the landlord's inspection report. The lease is the negotiated while the deficiencies are being
repaired.
When a unit is declared unacceptable, the Program Administrator and the Inspectors determine
structural and/or major repairs that are required to make the unit decent, safe, and sanitary. The
unit must comply with the Housing Quality Standards before the lease and contract can be
negotiated.
2. Housing Quality Standards (Approval of Unit Size Family Selects)
A. Unit must provide adequate space and security for the family (minimum standards).
B. Unit must contain a living room, kitchen area, and a bathroom.
C. Must be at least one bedroom or living/sleeping room of appropriate size for each two persons.
D. A single parent with a child under the age of six (6) may share the same bedroom.
E. Exterior doors and windows accessible from outside unit must be lockable.
F. PHA may not prohibit family from renting unit with fewer bedrooms than number on Voucher
as long as it meets regular HQS requirements.
3. Unit Size Selection by Family
Voucher holders may select a larger unit than listed on the voucher; however
a. Family subsidy will be based on the applicable payment standard for which the family is
eligible, not to exceed a tenant payment greater than 40% of the tenant’s adjusted income.
b. Utility allowance is given for the actual unit size selected.
Vouchers may select smaller unit than listed on voucher.
a. Unit must meet HQS space standards.
b. Subsidy would be based on unit size for which the family is eligible.
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Part II. HOUSING STANDARDS AND INSPECTIONS page 16
c. Utility allowance is given for the actual unit size selected.
4. Occupancy Standards
A. Policies and procedures of the PHA: Applications will be taken and eligibility determined by
Paducah Section 8 Housing office, following notices through the news media of the availability
of housing assistance for eligible families. Applications will be processed on a first-come, first-
serve basis following selection procedures (see Section 3) without regard to age, race, color,
national origin, religion, sex, familial status, disability, sexual orientation or gender identity.
Eligibility will be certified to families in conformance with the following:
Standards Used to Issue Housing Choice Vouchers
Certification Size Minimum Maximum
0 Bedroom 1 person 1 person
1 Bedroom 1 person 2 people
2 Bedrooms 2 people 4 people
3 Bedrooms 4 people 6 people
4 Bedrooms 6 people 8 people
Standards Used to Determine Acceptability of Unit
Size
Unit Size Minimum Occupancy Assuming Living
Room Used as Living/Sleeping Area
0 Bedroom 1 person
1 Bedroom 4 people
2 Bedrooms 6 people
3 Bedrooms 8 people
4 Bedrooms 10 people
B. Occupancy Standards Exceptions: Applicants may be given an exception to the established
occupancy standards if determination is justified by the age, sex, health, disability, or
relationship of family members or other individual circumstances. An exception will be
considered if the applicant requests in writing stating the reasons and justification of such an
exception based on the above factors. The Director of Planning will make the final
determination of occupancy exceptions and document each case accordingly.
5. Disapproval of Owner
Paducah Section 8 Housing office will disapprove owner participation based on (1) owner history of
failing to terminate tenancy for drug related or violent criminal activity or other threatening activity (2)
owner engaging in drug related or violent criminal activity.
6. Annual Re-examinations
All families will be re-examined at least annually to determine if they will continue to receive
assistance and to recalculate total tenant payment and assistance payments. The family is required to
provide verification of family income, composition, medical expenses (elderly), and unusual expenses.
The recalculation of Housing Assistance Payments will be performed following the applicable method
of the program. Any increase or decrease in the family's portion of rental payments will be calculated
and notice will be sent to the landlord and participant in writing before the effective date of change.
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Part II. HOUSING STANDARDS AND INSPECTIONS page 17
7. Continued Assistance after Family Break-Up
Paducah Section 8 Housing office shall determine which family members will continue to receive
assistance after a family break-up. The head of household, spouse or any adult member of the
household must notify the Paducah Section 8 Housing office that there has been a family break-up
and continued assistance is being requested. The assisted family member making the request must
submit the request in writing to the Paducah Section 8 Housing office and request a determination.
The request must be made within 10 calendar days of the break-up. The PHA will consider the
following factors in making this determination:
Assisted Unit: Whether the assistance should remain with family members remaining in the
original assisted unit.
Interest of Family Members: The interest of minor children or of ill, elderly or disabled family
members.
Physical Violence: Whether family members are forced to leave the unit as a result or actual or
threatened physical violence against family members by a spouse or other member of the
household.
Paducah Section 8 Housing office will issue a determination within 10 calendar days of receipt of the
request for a determination. The person requesting the determination may request an Informal
Hearing in accordance with the PHA established procedures if they disagree with the determination of
the Paducah Section 8 Housing office.
NOTICE - If a court determines the disposition of property between members of the assisted
family in a divorce or separation under a settlement or judicial decree, the Paducah Section 8
Housing office is bound by the court's determination of which family members continue to
receive assistance in the program.
* * * * *
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Part III. SPECIAL HOUSING TYPES & STANDARDS page 18
Part III. SPECIAL HOUSING TYPES & STANDARDS
Overview
A. Special housing types. There are 6 special housing types:
Single room occupancy (SRO) housing
Congregate housing
Group home
Shared housing
Cooperative (including mutual housing)
Manufactured home
B. PHA choice to offer special housing type. The PHA may permit a family to use any of the
following special housing types in accordance with requirements of the program: single room
occupancy housing, congregate housing, group home, shared housing or cooperative housing.
In general, the PHA is not required to permit use of any of these special housing types in its
program. The PHA must permit use of any special housing type if needed as a reasonable
accommodation so that the program is readily accessible to and usable by persons with
disabilities in accordance with 24 CFR part 8.
C. Family choice of housing and housing type. The PHA may not set aside program funding for
special housing types, or for a specific special housing type. The family chooses whether to
rent housing that qualifies as a special housing type under this subpart, or as any specific
special housing type, or to rent other eligible housing in accordance with requirements of the
program. The PHA may not restrict the family's freedom to choose among available units in
accordance with Sec. 982.353.
D. Applicability of requirements. Except as modified by this section, requirements in the other
sections of this plan apply to the special housing types. Provisions in this section only apply to
that specific special housing type. The housing type is noted in the title of each section.
1. Single Room Occupancy (SRO) [Sec. 982.602]
A single person only may reside in an SRO housing unit. The SRO housing unit may only be
used if:
HUD determines there is significant demand for SRO units in the area;
The PHA approves providing assistance for SRO housing under the program; and
The PHA certifies to HUD that the property meets applicable local health and safety
standards for SRO housing.
For SRO housing, there is a separate lease and HAP contract for each assisted person.
Payment standard. For a person residing in SRO housing, the payment standard is 75
percent of the zero-bedroom payment standard amount on the PHA payment standard
schedule. For a person residing in SRO housing in an exception area, the payment standard is
75 percent of the HUD-approved zero-bedroom exception payment standard amount.
The utility allowance for an assisted person residing in SRO housing is 75 percent of the zero
bedroom utility allowance.
HQS standards for SRO. The HQS in this plan apply to SRO housing. However, the
standards in this section apply in place of the sanitary facilities, food preparation and refuse
disposal, and space and security standards. Since the SRO units will not house children, the
housing quality standards concerning lead-based paint, do not apply to SRO housing.
SRO Performance requirements. SRO housing is subject to the additional performance
requirements for sanitary facilities, space and security, access, and sprinkler system standards
below.
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Sanitary facilities in an SRO, and space and security characteristics must meet local code
standards for SRO housing. In the absence of applicable local code standards for SRO
housing, the following standards apply:
At least one flush toilet that can be used in privacy, lavatory basin, and bathtub or
shower, in proper operating condition, must be supplied for each six persons or fewer
residing in the overall SRO housing.
If SRO units are leased only to males, flush urinals may be substituted for not more
than one-half the required number of flush toilets. However, there must be at least one
flush toilet in the building.
Every lavatory basin and bathtub or shower must be supplied at all times with an
adequate quantity of hot and cold running water.
All of these facilities must be in proper operating condition, and must be adequate for
personal cleanliness and the disposal of human waste. The facilities must utilize an
approvable public or private disposal system.
Sanitary facilities must be reasonably accessible from a common hall or passageway
to all persons sharing them. These facilities may not be located more than one floor
above or below the SRO unit. Sanitary facilities may not be located below grade unless
the SRO units are located on that level.
Space and security requirements in an SRO.
No more than one person may reside in an SRO unit.
An SRO unit must contain at least one hundred ten square feet of floor space.
An SRO unit must contain at least four square feet of closet space for each resident
(with an unobstructed height of at least five feet). If there is less closet space, space
equal to the amount of the deficiency must be subtracted from the area of the habitable
room space when determining the amount of floor space in the SRO unit. The SRO
unit must contain at least one hundred ten square feet of remaining floor space after
subtracting the amount of the deficiency in minimum closet space.
Exterior doors and windows accessible from outside an SRO unit must be lockable.
Access requirements in an SRO.
Access doors to an SRO unit must have locks for privacy in proper operating condition.
An SRO unit must have immediate access to two or more approved means of exit,
appropriately marked, leading to safe and open space at ground level, and any means
of exit required by State and local law.
The resident must be able to access an SRO unit without passing through any other
unit.
Sprinkler system requirements in an SRO.
A sprinkler system that protects all major spaces, hard wired smoke detectors, and such other
fire and safety improvements as State or local law may require must be installed in each
building. The term "major spaces" means hallways, large common areas, and other areas
specified in local fire, building, or safety codes.
2. Congregate Housing [Sec. 982.606 of 24 CFR 982]
An elderly person or a person with disabilities may reside in a congregate housing unit.
However, if approved by the PHA, a family member or live-in aide may reside with the elderly
person or person with disabilities. The PHA must approve a live-in aide if needed as a
reasonable accommodation so that the program is readily accessible to and usable by persons
with disabilities. Additional standards apply concerning occupancy by a live-in aide.
For congregate housing, there is a separate lease and HAP contract for each assisted family.
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Rent and housing assistance payment.
Without a live-in aide:
For a family residing in congregate housing, the payment standard is the zero-bedroom
payment standard amount on the PHA payment standard schedule. For a family residing in
congregate housing in an exception area, the payment standard is the HUD-approved
zero-bedroom exception payment standard amount.
However, if there are two or more rooms in the unit (not including kitchen or sanitary
facilities), the payment standard for a family residing in congregate housing is the one-
bedroom payment standard amount.
With a live-in aide, the live-in aide must be counted in determining the family unit size.
Housing quality standards for congregate housing. Sec. 982.609
The HQS in this plan apply to congregate housing. However, the standards in this section
apply in place of the food preparation and refuse disposal standards. Congregate housing is
not subject to the HQS acceptability requirement that the dwelling unit must have a kitchen
area.
Food preparation and refuse disposal: Additional performance requirements. The following
additional performance requirements apply to congregate housing:
a. The unit must contain a refrigerator of appropriate size.
b. There must be central kitchen and dining facilities on the premises. These facilities:
Must be located within the premises, and accessible to the residents;
Must contain suitable space and equipment to store, prepare, and serve food in a
sanitary manner;
Must be used to provide a food service that is provided for the residents, and that is
not provided by the residents; and (iv) Must be for the primary use of residents of
the congregate units and be sufficient to accommodate the residents.
c. There must be adequate facilities and services for the sanitary disposal of food waste
and refuse, including facilities for temporary storage where necessary.
3. Group Home [Sec. 982.610]
An elderly person or a person with disabilities may reside in a State-approved group home.
(a) If approved by the PHA, a live-in aide may reside with a person with disabilities.
(b) The PHA must approve a live-in aide if needed as a reasonable accommodation so
that the program is readily accessible to and usable by persons with disabilities in
accordance with additional standards concerning occupancy by a live-in aide.
Except for a live-in aide, all residents of a group home, whether assisted or unassisted, must
be elderly persons or persons with disabilities.
Persons residing in a group home must not require continual medical or nursing care.
Persons who are not assisted under the tenant-based program may reside in a group home.
No more than 12 persons may reside in a group home. This limit covers all persons who
reside in the unit, including assisted and unassisted residents and any live-in aide.
For assistance in a group home, there is a separate HAP contract and lease for each assisted
person.
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A group home must be licensed, certified, or otherwise approved in writing by the State (e.g.,
Department of Human Resources, Mental Health, Retardation, or Social Services) as a group
home for elderly persons or persons with disabilities.
Rent and housing assistance payment.
Meaning of pro-rata portion. For a group home, the term ''pro-rata portion," means the ratio
derived by dividing the number of persons in the assisted household by the total number of
residents(assisted and unassisted) residing in the group home. The number of persons in the
assisted household equals one assisted person plus any PHA-approved live-in aide.
Rent to owner: Reasonable rent limit. The rent to owner for an assisted person may not
exceed the pro-rata portion of the reasonable rent for the group home.
The reasonable rent for a group home is determined in accordance with Sec. 982.503. In
determining reasonable rent for the group home, the Paducah Section 8 Housing office must
consider whether sanitary facilities, and facilities for food preparation and service, are common
facilities or private facilities.
Unless there is alive-in aide, the family unit size is zero or one bedroom.
If there is a live-in aide, the live-in aide must be counted in determining the family unit size.
The payment standard for a person who resides in a group home is the lower of:
The payment standard for the family unit size; or
The pro-rata portion of the payment standard for the group home size.
Over-FMR tenancy: Payment standard. For an over-FMR tenancy, the payment standard for a
person who resides in a group home is the lower of:
The FMR/exception rent limit for the family unit size; or
The pro-rata portion of the FMR/exception rent limit for the group home size.
Utility allowance in a Group Home. The utility allowance for each assisted person residing in
a group home is the pro-rata portion of the utility allowance for the group home unit size.
Housing quality standards in a Group Home. Sec. 982.614
Compliance with HQS. The Paducah Section 8 Housing office may not give approval to reside
in a group home unless the unit, including the portion of the unit available for use by the
assisted person under the lease, meets the following housing quality standards.
The HQS in this plan apply to apply to assistance in a group home. However, the standards in
this section apply in place of the sanitary facilities, food preparation and refuse disposal, space
and security, structure and materials, and site and neighborhood.
The entire unit must comply with the HQS.
Group Home performance requirements. Group home housing is subject to the additional
performance requirements for sanitary facilities, food preparation and service, space and
security, structure and material, and site and neighborhood:
Sanitary facilities in a Group Home
o There must be a bathroom in the unit. The unit must contain, and an assisted resident
must have ready access to:
A flush toilet that can be used in privacy;
A fixed basin with hot and cold running water; and
A shower or bathtub with hot and cold running water.
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o All of these facilities must be in proper operating condition, and must be adequate for
personal cleanliness and the disposal of human waste. The facilities must utilize an
approvable public or private disposal system.
o The unit may contain private or common sanitary facilities. However, the facilities must
be sufficient in number so that they need not be shared by more than four residents of
the group home.
o Sanitary facilities in the group home must be readily accessible to and usable by
residents, including persons with disabilities.
Food preparation and service in a Group Home
The unit must contain a kitchen and a dining area. There must be adequate space to
store, prepare, and serve foods in a sanitary manner.
Food preparation and service equipment must be in proper operating condition. The
equipment must be adequate for the number of residents in the group home. The unit
must contain the following equipment:
A stove or range, and oven;
A refrigerator; and
A kitchen sink with hot and cold running water. The sink must drain into an
approvable public or private disposal system.
There must be adequate facilities and services for the sanitary disposal of food
waste and refuse, including facilities for temporary storage where necessary.
The unit may contain private or common facilities for food preparation and service.
Space and security.
The unit must provide adequate space and security for the assisted person.
The unit must contain a living room, kitchen, dining area, bathroom, and other
appropriate social, recreational or community space. The unit must contain at
least one bedroom of appropriate size for each two persons.
Doors and windows that are accessible from outside the unit must be lockable.
Structure and material for a Group Home
The unit must be structurally sound to avoid any threat to the health and safety of the
residents, and to protect the residents from the environment.
Ceilings, walls, and floors must not have any serious defects such as severe bulging or
leaning, loose surface materials, severe buckling or noticeable movement under
walking stress, missing parts or other significant damage. The roof structure must be
firm, and the roof must be watertight. The exterior or wall structure and exterior wall
surface may not have any serious defects such as serious leaning, buckling, sagging,
cracks or large holes, loose siding, or other serious damage. The condition and
equipment of interior and exterior stairways, halls, porches, walkways, etc., must not
present a danger of tripping or falling. Elevators must be maintained in safe operating
condition.
The group home must be accessible to and usable by a resident with disabilities.
Site and neighborhood for a Group Home.
The site and neighborhood must be reasonably free from disturbing noises and
reverberations and other hazards to the health, safety, and general welfare of the
residents. The site and neighborhood may not be subject to serious adverse
environmental conditions, natural or manmade, such as dangerous walks or steps,
instability, flooding, poor drainage, septic tank back-ups, sewage hazards or mud
slides, abnormal air pollution, smoke or dust, excessive noise, vibrations or vehicular
traffic, excessive accumulations of trash, vermin or rodent infestation, or fire hazards.
The unit must be located in a residential setting.
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4. Shared Housing [Sec. 982.615]
Sharing a unit. An assisted family may reside in shared housing. In shared housing, an
assisted family shares a unit with the other resident or residents of the unit. The unit may be a
house or an apartment.
Who may share a dwelling unit with assisted family?
a. If approved by the PHA, a live-in aide may reside with the family to care for a person
with disabilities. The PHA must approve a live-in aide if needed as a reasonable
accommodation so that the program is readily accessible to and usable by persons
with disabilities in accordance with 24 CFR part 8. See Sec. 982.316 concerning
occupancy by a live-in-aide.
b. Other persons who are assisted under the tenant-based program, or other persons
who are not assisted under the tenant-based program, may reside in a shared housing
unit.
c. The owner of a shared housing unit may reside in the unit. A resident owner may enter
into a HAP contract with the PHA. However, housing assistance may not be paid on
behalf of an owner. An assisted person may not be related by blood or marriage to a
resident owner.
For assistance in a shared housing unit, there is a separate HAP contract and lease for each
assisted family.
Rent and housing assistance payment for shared housing - Sec. 982.617
Meaning of pro-rata portion. For shared housing, the term ''pro-rata portion" means the ratio
derived by dividing the number of bedrooms in the private space available for occupancy by a
family by the total number of bedrooms in the unit. For example, for a family entitled to occupy
three bedrooms in a five bedroom unit, the ratio would be 3/5.
Rent to owner: Reasonable rent.
The rent to owner for the family may not exceed the pro-rata portion of the reasonable rent for
the shared housing dwelling unit.
(b) The reasonable rent is determined in accordance with Sec. 982.503.
Maximum subsidy.
Voucher Tenancy: The payment standard is the lower of:
The payment standard for the family unit size; or
The pro-rata portion of the payment standard for the shared housing unit size.
Live-in aide. If there is a live-in aide, the live-in aide must be counted in determining the family
unit size.
Utility allowance for shared housing
The utility allowance for an assisted family residing in shared housing is the prorate
portion of the utility allowance for the shared housing unit.
Housing quality standards for shared housing - Sec. 982.618
Compliance with HQS. The PHA may not give approval to reside in shared housing
unless the entire unit, including the portion of the unit available for use by the assisted
family under its lease, meets the housing quality standards.
Applicable HQS standards. The HQS in Sec.982.401 apply to assistance in shared
housing. However, the HQS standards in this section apply in place of Sec. 982.40l(d)
(space and security).
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Facilities available for family. The facilities available for the use of an assisted family in
shared housing under the family's lease must include (whether in the family's private
space or in the common space) a living room, sanitary facilities in accordance with
Sec. 982.401(b), and food preparation and refuse disposal facilities in accordance with
Sec.982.401(c).
Space and security Performance requirements for shared housing
The entire unit must provide adequate space and security for all its residents (whether
assisted or unassisted).
Each unit must contain private space for each assisted family, plus common space for
shared use by the residents of the unit. Common space must be appropriate for shared
use by the residents.
The private space for each assisted family must contain at least one bedroom for each
two persons in the family. The number of bedrooms in the private space of an assisted
family may not be less than the family unit size.
A zero or one bedroom unit may not be used for shared housing.
5. Cooperative Housing [Sec. 982.619]
When cooperative housing may be used. A family may reside in cooperative housing if the
PHA determines that:
Assistance under the program will help maintain affordability of the cooperative unit for
low-income families; and
The cooperative has adopted requirements to maintain continued affordability for low-
income families after transfer of a cooperative member's interest in a cooperative unit
(such as a sale of the resident's share in a cooperative corporation).
Rent to owner.
The reasonable rent for a cooperative unit is determined in accordance with Sec. 982.503. For
cooperative housing, the rent to owner is the monthly carrying charge under the occupancy
agreement/lease between the member and the cooperative.
The carrying charge consists of the amount assessed to the member by the cooperative for
occupancy of the housing. The carrying charge includes the member's share of the
cooperative debt service, operating expenses, and necessary payments to cooperative
reserve funds. However, the carrying charge does not include down-payments or other
payments to purchase the cooperative unit, or to amortize a loan to the family for this purpose.
Gross rent is the carrying charge plus any utility allowance.
The occupancy agreement/lease and other appropriate documents must provide that the
monthly carrying charge is subject to Section 8 limitations on rent to owner.
Housing assistance payment. The amount of the housing assistance payment is
determined in accordance with subpart K of this part.
Live-in aide.
If approved by the PHA, a live-in aide may reside with the family to care for a person with
disabilities. The PHA must approve a live-in aide if needed as a reasonable accommodation
so that the program is readily accessible to and usable by persons with disabilities in
accordance with 24 CFR part 8. See Sec. 982.316 concerning occupancy by a live-in aide.
If there is a live-in aide, the live-in aide must be counted in determining the family unit size.
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6. Manufactured Home [Sec. 982.620]
Applicability of HUD requirements.
A family may reside in a manufactured home with assistance under the program. The PHA
must permit a family to lease a manufactured home and space with assistance under the
program. The PHA may provide assistance for a family that owns the manufactured home and
leases only the space. The PHA is not required to provide such assistance under the program.
The HQS in Sec. 982.621 always apply when assistance is provided to a family occupying a
manufactured home. Sections 982.622 to 982.624 only apply when assistance is provided to a
manufactured home owner to lease a manufactured home space.
Live-in aide.
If approved by the PHA, a live-in aide may reside with the family to care for a person
with disabilities. The PHA must approve a live-in aide. if needed as a reasonable
accommodation so that the program is readily accessible to and usable by persons
with disabilities in accordance with 24 CFR part 8. See Sec. 982.316 concerning
occupancy by a live-in aide.
If there is a live-in aide, the live-in aide must be counted in determining the family unit
size.
Housing quality standards for a manufactured home - Sec. 982.621
A manufactured home must meet all the HQS performance requirements and acceptability
criteria in Sec. 982.401. A manufactured home also must meet the following requirements:
(1) Performance requirement. A manufactured home must be placed on the site in a stable
manner, and must be free from hazards such as sliding or wind damage.
(2) Acceptability criteria. A manufactured home must be securely anchored by a tie-down
device that distributes and transfers the loads imposed by the unit to appropriate ground
anchors to resist wind overturning and sliding.
Space Rental for a manufactured home: Rent to owner - Sec. 982.622
Rent to owner for rental of a manufactured home space includes payment for maintenance
and services that the owner must provide to the tenant under the lease for the space.
Rent to owner does not include the costs of utilities and trash collection for the manufactured
home. However, the owner may charge the family a separate fee for the cost of utilities or
trash collection provided by the owner.
Reasonable rent. During the assisted tenancy, the rent to owner for the manufactured home
space may not exceed a reasonable rent as determined in accordance with this section.
Section 982.503 is not applicable.
The Paducah Section 8 Housing office may not approve a lease for a manufactured home
space until the PHA determines that the initial rent to owner for the space is a reasonable rent.
At least annually during the assisted tenancy, the The Paducah Section 8 Housing office must
determine whether the rent to owner for the manufactured home space is a reasonable rent in
comparison to rent for other comparable manufactured home spaces. To make this
determination, the PHA must consider the location and size of the space, and any services
and maintenance to be provided by the owner in accordance with the lease (without a fee in
addition to the rent).
By accepting each monthly housing assistance payment from the Paducah Section 8 Housing
office, the owner of the manufactured home space certifies that the rent to owner for the space
is not more than rent charged by the owner for unassisted rental of comparable spaces in the
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Part III. SPECIAL HOUSING TYPES & STANDARDS page 26
same manufactured home park or elsewhere. The owner must provide information, as
requested by the PHA, on rents charged by the owner for other manufactured home spaces.
Space rental for a manufactured home: Housing assistance payment. Sec. 982.623
Fair market rent. The FMR for a manufactured home space is determined in accordance with
24 CFR 888.113(e). Exceptions do not apply to rental of a manufactured home space.
Housing assistance payment for a manufactured home:
Payment standard. The payment standard is used to calculate the monthly housing
assistance payment for a family. The payment standard for a family renting a manufactured
home space is the published FMR for rental of a manufactured home space. The amount of
the payment standard is determined in accordance with Sec. 982.505(d)(4) and (d)(5).
Subsidy calculation. The amount of the monthly housing assistance payment for a family
equals the lesser of paragraphs (c)(2)(1) or (c)(2)(ii) of Sec. 982.623:
An amount obtained by subtracting 30% of the family's monthly adjusted gross income from
the sum of:
(A) The amortization cost;
(B) The utility allowance; and
(C) The payment standard.
The monthly gross rent for the manufactured home space minus the minimum rent. The
minimum rent is the higher of:
(A) 10% of monthly income (gross income); or
(B) A higher minimum rent as required by law.
Amortization cost. The amortization cost may include debt service to amortize costs (other
than furniture costs) included in the purchase price of the manufactured home. The debt
service includes the payment for principal and interest on the loan. The debt service amount
must be reduced by 15% to exclude debt service to amortize the cost of furniture, unless the
Paducah Section 8 Housing office determines that furniture was not included in the purchase
price.
The amount of the amortization cost is the debt service established at time of application to a
lender for financing purchase of the manufactured home if monthly payments are still being
made. Any increase in debt service due to refinancing after purchase of the home is not
included in the amortization cost
Debt service for set-up charges incurred by a family that relocates its home may be included in
the monthly amortization payment made by the family. In addition, set-up charges incurred
before the family became an assisted family may be included in the amortization cost if
monthly payments are still being made to amortize such charges.
Annual income. In determining a family's annual income, the value of equity in the
manufactured home owned by the assisted family, and in which the family resides, is not
counted as a family asset.
Space Rental for a manufactured home: Utility allowance schedule. Sec. 982.624
The Paducah Section 8 Housing office must establish utility allowances for manufactured
home space rental. For the first twelve months of the initial lease term only, the allowances
must include a reasonable amount for utility hook-up charges payable by the family if the
family actually incurs the expenses because of a move. Allowances for utility hook-up charges
do not apply to a family that leases a manufactured home space in place. Utility allowances for
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manufactured home space must not cover costs payable by a family to cover the digging of a
well or installation of a septic system.
* * * * *
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Part IV. RENT, UTILITY ALLOWANCE STANDARDS page 28
Part IV. RENT, UTILITY ALLOWANCE STANDARDS
1. Minimum Rent
The minimum rent required by the Agency is $50.00. Hardship request may be made in writing by
the participant for the following circumstances:
1. if a family has lost eligibility for or is awaiting determination for a federal, state or local
assistance program
2. if the family would be subject to eviction as a result of the minimum rent requirement
3. if the income of the family has decreased resulting from changed circumstances, including loss
of employment
4. if a family has an increase in expenses resulting from changed circumstances for medical
costs, childcare, transportation, education, or similar situations
5. if a death occurs in the household
When the Paducah Section 8 Housing office grants a waiver of minimum rent due to hardship the
participant must re-verify hardship situation each month if situation is of a temporary nature. Long
term hardship situation are to be verified at reexamination.
2. Rent Reasonableness - Housing Choice Voucher Program
Under the voucher program, Paducah Section 8 Housing office will provide guidance to the family in
securing a unit that is rent reasonable. We will assist the family, if requested, to negotiate a
reasonable rent. We may disapprove a lease under the voucher program if the rent causes the tenant
payment to exceed 40% of adjusted income or if the rent is not reasonable. Documentation of such
will be presented to the owner of said property for an attempt to negotiate a reasonable rent.
Reasonable Rent rates will be ascertained by comparing rent for other comparable unassisted units.
To assure reasonable rental rates, Paducah Section 8 office will consider the location, quality, size,
unit type, and age of the unit plus any amenities, housing services, maintenance and utilities to be
provided by the owner in accordance with the lease. The PHA will certify and document on a case-by-
case basis that the approved rent does not exceed rents charged for comparable unassisted units.
The bottom line is that the Paducah Section 8 Housing office will evaluate each unit and ascertain that
the rent the assisted family pays is a fair price for the product received. After comparing all applicable
data in the Paducah-McCracken County market, the following question will be asked: If you were in
the market to lease a unit, would you be willing to spend your own money to lease this unit in this
location? If the answer is yes and there is adequate documentation to support the decision, the lease
should be approved. If the person performing the rent test cannot support the rent request (including
that they believe the unit to be worth the amount requested and their willingness to answer yes to the
above question) the lease will not be approved.
3. Security Deposit
The security deposit charged to program participants shall be established by the owner/agent of the
rental property not to exceed deposits typically charged in the private market.
4. Payments
All Housing Assistance Payments (HAP) checks on current contracts will be disbursed to the landlord
and all utility checks dispersed to the resident by the 5th working day of each month.
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part IV. RENT, UTILITY ALLOWANCE STANDARDS page 29
5. Payment Standard and FMR
The applicable Payment Standard (PS) for the HCV program shall be established at the HUD
published Fair Market Rent (FMR). Payment Standards shall be reviewed each year in order to
determine if the established levels are appropriate to meet the needs of participants based on rent
burdens and success rates of assisted families.
If there is a decrease in the payment standard amount during the HAP contract term, the Paducah
Section 8 office will continue to use the lower payment standard to calculate the family’s HAP
beginning at the effective date of the family’s second regular reexamination following the effective
date of the decrease in the payment standard.3
6. Contract Rent Adjustments
Under the Voucher Program, the owner must not increase the rent during the first year of the lease. In
order to increase the rental rate, the owner must give the family and the Paducah Section 8 Housing
office written notice at least 60-days before the implementation of the rent increase. The notice must
state the new amount and the date the new rental amount is due. Such increases must meet the Rent
Reasonableness standard.
7. Utility Allowances
The utility allowance schedule for the Section 8 Program will be reviewed yearly and adjusted
accordingly to insure participant affordability. The utility allowance calculation will be based on the
size of the families' Housing Choice Voucher issued, not the actual size of unit unless the actual unit
size is less.
8. Portability - Voucher Program
Under the voucher program, the participants are entitled to portability of their voucher. Portability will
be addressed as follows:
A. Paducah Section 8 Housing office requires minimum notice of 30 days prior of the tenant's
intended vacancy to transfer their certification.
B. All information concerning the receiving agency must be provided by the participant.
C. All efforts will be made to exchange certification with the receiving agency.
D. If the participant is leased they must fulfill a minimum 12 month lease period and cannot port if
in violation of present lease. Accommodations may be made for participants in Supported
Programs or HUD-VASH, in consultation with program partners and the landlord.
E. If adequate funds are not available, the PHA will deny portability moves if the receiving PHA's
payment standard is greater than the local payment standard and the PHA refuses to absorb
the transfer.
* * * * *
3 NOTICE PIH 2018–01 (HA) issued January 17, 2018
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part V. TERMINATION & GRIEVANCES page 30
Part V. TERMINATION & GRIEVANCES
1. Grounds for Denial or Termination of Assistance to Applicants and Participants
A. Types of denial
1. Denial of admission to applicant.
2. Denial of issuance of another voucher to participant who wants to move to another
dwelling unit.
3. Declining to enter into a PHA contract.
4. Declining to approve a lease where requested by participant.
B. Condition of denial
Applicant or participant currently owes rent or other amounts to the PHA or another
PHA in connection with Section 8 or Public Housing (listed in family obligations).
C. Termination of assistance
1. PHA must terminate assistance if family is evicted for serious or repeated lease
violations or violations of participant obligations.
2. PHA must terminate or deny assistance if participant refuses to sign consent forms.
2. Termination of Tenancy
A. The owner shall not terminate the tenancy of the (evict) family, except for:
1. Serious or repeated violation of the terms and conditions of the lease.
2. Violation of Federal, State, or local law which imposes obligations on the family in common
with the occupancy and use of the dwelling unit and surrounding premises.
3. Other good cause shown.
B. The owner may evict (terminate the tenancy) the family from the contracted unit only by
instituting a court action. The owner must notify the Paducah Section 8 office in writing of the
commencement of proceedings for termination of tenancy, at the same time that the owner
gives notice to the family under State or local law. The notice to the PHA may be given by
furnishing the PHA a copy of the notice given to the family.
3. Grievance Procedures
A. Informal review of PHA decision regarding participation in the program.
1. The PHA shall give an applicant for participation in the Paducah's Section 8 Housing Program
prompt written notice of a decision denying assistance to the applicant, including a decision to
deny placement on the PHA waiting list for the Housing Choice Voucher Program. The notice
of denial shall contain a brief statement of the reason for the decision. The notice shall also
state that the applicant may request an informal review of the decision, and shall describe how
to request the informal review.
2. The PHA shall give the applicant an opportunity for an informal review of the decision, in
accordance with the review procedures established by the PHA. The informal review shall be
conducted by any person or persons designated by the PHA, other than the person who made
the decision or anyone involved in the review of such decision. The applicant shall be given an
opportunity to present written or oral objections to the PHA decision. The PHA shall promptly
notify that applicant in writing of the final outcome of the informal review, including a brief
statement of the reasons for the final decision.
3. The PHA is not required to provide an opportunity for an informal review in accordance with
paragraph (a) for the following:
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part V. TERMINATION & GRIEVANCES page 31
Discretionary administrative determinations made by the Paducah Section 8 office.
General policy issues or class grievances.
Determination of the number of bedrooms entered on the voucher under the occupancy
standards established by the PHA.
Judgment that a unit located by a voucher holder does not comply with the PHA's Housing
Quality Standards, or the PHA's decision not to approve the lease for the unit.
Decision by the Paducah Section 8 office not to approve a request by a voucher holder for
an extension of the term of the voucher.
B. Informal hearing on PHA decision affecting participant's family.
1. In the following instances, the Paducah Section 8 office shall give a participant in the Section 8
Housing Choice Voucher Program an opportunity for an informal hearing to consider whether
a decision relating to the individual circumstances of the family are in accordance with law,
HUD regulations and Paducah Section 8 office rules:
a. A determination of the amount of the total payment of tenant rent (not including
determination of the PHA's schedule of utility allowance for families in the PHA's Section 8
Program.
b. A decision to deny or terminate assistance on behalf of the participant.
c. Determination that a participant family is residing in unit with a larger number of bedrooms
than appropriate under the PHA standards, and the PHA's determination to deny the
family's request for exception from the standard.
d. In the case of an assisted family which wants to move to another dwelling unit with
continued participation in the PHA program.
2. Paducah Section 8 Housing office is not required to provide an opportunity for an informal
hearing in accordance with paragraph above for the following:
Discretionary administrative determinations by the PHA,
Consider general policy issues or class grievances.
Judgment that a unit does not comply with the PHA's Housing Quality Standards, that the
owner has failed to maintain or operate a contract unit that provides decent, safe and
sanitary housing in accordance with the HQS (including all services, maintenance, and
utilities required under the lease).
Judgment that the contracted unit is not decent, safe and sanitary because of an increase
in family size or change in family composition.
Decision to exercise any remedy against the owner under an outstanding contract
including the termination of housing assistance payments to the owner.
Decision not to approve a family's request for an extension of the voucher issued to an
assisted family which wants to move to another dwelling unit with continued participation in
the PHA's Section 8 Program.
3. The PHA shall give the participant prompt written notice of a decision. The notice shall contain
a brief statement of the reasons for that decision. The notice shall state that if the participant
does not agree with the decision, the participant may request an informal hearing on the
decision, and shall also state the time by which the request for an informal hearing must be
made by the participant.
4. When the PHA determines the amount of the total tenant payment of the tenant rent, or
determines the number of bedrooms entered on the voucher of an assisted family which wants
to move to another dwelling unit, the PHA shall notify the participant that the participant may
ask for an explanation of the basis of the PHA determination, and that, if the participant does
not agree with the determination, the participant may request an informal hearing on the
decision.
5. If the PHA has decided to terminate Housing Assistance Payment on behalf of a participant
under an outstanding contract (and if the PHA is required to give the participant an informal
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part V. TERMINATION & GRIEVANCES page 32
hearing on the decision), the participant shall be afforded the opportunity for such informal
hearing before the termination of Housing Assistance Payments.
6. In all cases when a hearing is required, the PHA shall proceed with a hearing in a reasonable
expeditious manner upon the request of a participant.
7. The PHA shall adopt written procedures for conducting an informal hearing for participants in
the PHA's Section 8 Program. The PHA hearing procedures shall comply with the following:
a. The hearing may be conducted by any person or persons designated by the PHA,
other than the person who made or approved the decision under review or a
subordinate of such a person.
b. At their own expense, the participant may be represented by a lawyer or other
representative.
c. The person who conducts the hearing may regulate the conduct of the hearing in
accordance with the PHA hearing procedures.
d. The PHA and the participant shall be given the opportunity to present evidence, and
may question any witnesses. Evidence may be considered without regard to
admissibility under the rules of evidence applicable to judicial proceedings.
e. The person who conducts the hearing shall issue a written decision, stating briefly the
reasons for the decision. Factual determination relating to the individual circumstances
of the participant shall be based on the evidence presented at the hearing. A copy of
the hearing decision shall be furnished promptly to the participant.
8. The Paducah Section 8 Housing office is not bound by a hearing decision:
a. Concerning a matter for which the PHA is not required to provide an opportunity for an
informal hearing, or otherwise in excess of the authority of the person conducting the
hearing under the PHA hearing procedures.
b. Contrary to HUD regulations and requirements, or otherwise contrary to Federal, State
or local law.
If the PHA determines that it is not bound by a hearing decision, PHA shall promptly notify the
participant of the determination, and of the reasons for the determination.
4. Complaints and Appeals
Paducah Section 8 Housing office will inform prospective landlords that Fair Housing and Equal
Opportunity Laws must be observed. Complaints of discrimination that do occur will be investigated
and action will be initiated to correct any inequalities that are found to exist.
5. Absence from Unit
Any family under the Section 8 program may not be absent from the unit for a period greater than 30
days consecutively unless for a medical situation which may not exceed 180 days. The family is
obligated to inform the Paducah Section 8 Housing office upon family absence from the unit. Any
failure to inform or prolonged unit absence to exceed time limitation will result in termination of rental
assistance. The family will be given the right to an informal hearing in all cases of termination because
of unit absence. Note: The HUD-VASH program provides an exception to this restriction. Single
Veterans may retain their housing as long as they are not absent from the unit longer than 180
calendar days for continued assistance, and the Veteran’s rent portion continues to be paid to the
landlord. (VHA Directive 1162.05(1))
6. Restriction on the Number of Moves by a Participant Family
The PHA will restrict the number of voluntary moves by a participant family to twice during any 12
month period. Involuntary moves resulting from natural disasters, owner option to sell or relocate to
unit, Paducah Section 8 Housing office initiated lease terminations, and all other moves where the
participant is not at fault are unrestricted.
* * * * *
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2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part VI. PROGRAMS - Conversion HCV's page 34
Part VI. PROGRAMS
1. Conversion HCV's
Paducah Section 8 Housing office will administer conversion/enhanced vouchers consistent with 24
CFR 982.201(b)(1)(iii) and any or related subsequent HUD regulations.
Enhanced vouchers are tenant-based assistance. Households issued enhanced vouchers may elect
to use the assistance in the same property (as long as the property continues as rental housing and
the tenancy can be approved in accordance with the enhanced voucher policies), and in all cases
may choose to move from the property immediately. There is no guarantee to the owner that any
enhanced voucher assistance will be used at the property for any period of time. Enhanced vouchers
are different from regular Housing Choice Vouchers (HCVs) in two major respects. If the family
remains in the same property, a higher enhanced payment standard is used to determine the amount
of subsidy when the gross rent exceeds the normally applicable PHA payment standard, and the
family must continue to contribute towards rent at least the amount the family was paying for rent on
the date of the mortgage maturity, rental assistance contract expiration, or affordability restriction
expiration that removes the affordability restrictions at the property.
The PHA must determine the eligibility of all at-risk households identified by the owner. For purposes
of determining income eligibility, the PHA uses the applicable low income limits (not the very low
income limits).
2. HUD-VASH
The HUD-Veterans Affairs Supportive Housing (HUD-VASH) program combines Housing Choice
Voucher (HCV) rental assistance for homeless Veterans with case management and clinical services
provided by the Department of Veterans Affairs (VA). VA provides these services for participating
Veterans at VA medical centers (VAMCs) and community-based outreach clinics. The local clinic is
located at 2620 Perkins Creek Drive.
The Paducah Section 8
Housing office has opted to
participate in this partnership
program with the Veteran's
Administration (Marion, Illinois
office) to provide housing
assistance to area homeless
veterans under the HUD- VASH
Program.
HUD has legislative and
regulatory authority of HUD-
VASH vouchers and public
housing agencies. Generally,
the HUD-VASH program is
administered in accordance
with regular HCV program
requirements (24 CFR,
Section 982). However, the
2008 Consolidated
Appropriations Act (Public
Law 110-161) allows HUD to
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part VI. PROGRAMS - HUD-VASH page 35
waive or specify alternative requirements for any provision of any statute or regulation affecting
the HCV program in order to effectively deliver and administer HUD-VASH voucher assistance.
The alternative requirements are established in the HUD-VASH Operating Requirements
(including the waivers and alternative requirements from HCV program rules), which were
published in the Federal Register on May 6, 2008 and updated March 23, 2012. The Operating
Requirements can be found here, https://www.gpo.gov/fdsys/pkg/FR-2012-03-23/pdf/2012-
7081.pdf.
The PHA’s local discretionary policies adopted in the PHA’s administrative plan, apply to HUD-VASH
Vouchers. If there is a conflict between the program regulations and the agency’s administrative plan,
the program regulations have precedence. The City of Paducah Section 8 Housing adheres to HUD
Notice FR-5596-N-01, VHA Directive 1162.05(1) and all subsequent HUD notices regarding
administration of the HUD-VASH program.
By agreeing to administer HUD-VASH, PHAs are responsible for:
(1) Accepting Veterans referred by the VA Medical Center only. PHAs do not maintain a separate
waiting list for the HUD-VASH program.
(a) VA HUD–VASH case managers will refer HUD–VASH-eligible families to the PHA for
the issuance of vouchers. The PHA must accept referrals from their VA partner.
(b) VA HUD–VASH case managers will screen all families in accordance with VA
screening criteria. By agreeing to administer the HUD–VASH program, the PHA is
relinquishing its authority to determine the eligibility of families in accordance with regular
HCV program rules and PHA policies.
(c) The VA-issued photo identification card will also be accepted to verify identification, SSN,
and date of birth. The Certificate of Release or Discharge from Active Duty (DD—214) or the
VA-verified Application for Health Benefits (10-10EZ) is also acceptable as verification of SSN.
Additionally, Paducah Section 8 Housing office accepts as a valid form of income verification
for VASH participants the Housing Inquiry statement (HINQ) as provided by our partner VA
office.
(d) When adding a family member after the HUD–VASH family has been admitted to the
program, the rules of § 982.551(h)(2) apply. Other than the birth, adoption, or court-
awarded custody of a child, the PHA must approve additional family members and may
apply its regular screening criteria in doing so.
(2) Determining/Verifying income eligibility. If the Veteran is over income, he/she is ineligible for
HUD-VASH.
(3) Completing a background check to ensure that the Veteran (or household member) is not a
lifetime registered sex offender under a State sex offender registry
(a) Specifically, under the HUD–VASH program, PHAs will not have the authority to
screen any potentially eligible family members or deny assistance for any grounds
permitted under 24 CFR 982.552 (broad denial for violations of HCV program
requirements) and 982.553 (specific denial for criminals and alcohol abusers), with one
exception: PHAs will still be required to prohibit admission if any member of the household
is subject to a lifetime registration requirement under a state sex offender registration
program. However, unless the family member that is subject to lifetime registration under a
state sex offender registration program is the homeless veteran (which would result in
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part VI. PROGRAMS - HUD-VASH page 36
denial of admission for the family), the remaining family members may be served if the
family agrees to remove the sex offender from its family composition.
(4) Conducting briefing sessions and issuing vouchers for all eligible VASH applicants. The initial
search term for a HUD-VASH vouchers is at least 120 days to search for a unit.
(5) Providing housing-search resources to HUD-VASH Veterans.
(6) Assisting with landlord recruitment and housing stock availability.
(7) Inspecting housing units to ensure that HUD-assisted units are in compliance with Housing
Quality Standards. To expedite the leasing process, PHAs may choose to “pre-inspect” units. If a
family selects a unit that passed an HQS inspection (without intervening occupancy) within 45
days of the date of the Request for Tenancy Approval, the unit may be approved.
(8) Executing HAP Contracts.
(9) Making timely housing assistance payments.
(10) Assisting with the mobility/portability process, whereby a Veteran is using a voucher to lease
a unit in another jurisdiction where a PHA operates a Housing Choice Voucher (HCV) program.
(11) Notifying the HUD-VASH Case Management Team of all upcoming appointments to help
guarantee attendance.
(12) Providing housing-search resources to HUD-VASH Veterans.
(13) Providing assistance to case managers regarding program rules, local PHA policies written
in the agency’s Administrative Plan, including but not limited to procedural guidelines and
performance standards for conducting HQS inspections, revising payment standards, determining
rent reasonableness, interim redeterminations informal reviews/hearing procedures (appeals).
(14) Communicating housing status of Veteran participants to resolve concerns and maintain
accurate participant accounting.
(15) Helping maintain positive relationship with landlords and resolving PHA/HAP related issues.
(16) Addressing issues with the Veteran following their PHA procedures.
(17) Communicating the Denial of Assistance notice. If the PHA denies assistance to an HUD-
VASH applicant, the PHA must provide:
(a) Notification of Termination or Denial of Assistance. If the PHA is denying or terminating
assistance the PHA must provide (1) Family obligations of the program; (2) the grounds on
which the PHA may deny or terminate assistance because of a family action or failure to
act and (3) the informal hearing procedures. A copy of the notification letter should be sent
to the VA HUD-VASH case manager. For applicants, the written notification must provide:
a brief statement of the reason for denial; and an opportunity for the Veteran to request an
informal review.
(b) A brief statement of the reason for denial; and
(c) An opportunity for the Veteran to request an informal review in accordance with 24
CFR 982.554(a) and (b). A copy of this denial of assistance notice must be sent to a VA
HUD-VASH team member.
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part VI. PROGRAMS - HUD-VASH page 37
NOTE: The PHA cannot deny HUD-VASH assistance to a Veteran for any grounds under 24 CFR
982.522 and 982.553. Additionally, a PHA cannot refuse to reissue vouchers to Veterans that
have been previously terminated from HUD-VASH. The only reasons for denial of assistance by
PHA are failure to meet the income eligibility requirements or if any member of the Veteran’s
household is subject to a lifetime registration requirement under a state sex-offender registration
program, according to HUD’s regulations.
(18) Ensuring a violation of PHA Rules does not occur. Once a Veteran participant has been
issued a voucher, they must follow the usual PHA rules or face possible suspension or
termination of their voucher assistance. The PHA must follow their usual procedure in terminating
assistance, to include an informal hearing. Case managers are expected to work with the Veteran
and PHA to ensure that all measures are taken to address options that allow the Veteran to
maintain housing. This may include assisting the Veteran with making necessary changes in
behavior while advocating for flexibility with the PHA.
(19) Terminating Assistance. HUD has not established any alternative requirements for
termination of assistance for HUD-VASH participants. However, prior to terminating HUD-VASH
participants, HUD strongly encourages PHAs to exercise their discretion under 24 CFR 983.552
(c)(2) and consider all relevant circumstances of the specific case, including granting reasonable
accommodations for persons with disabilities in accordance with 24 CFR Part 8, as well as
including the role of the case manager and the impact that ongoing case management services
can have on mitigating the conditions that led to the potential termination, prior to determining
whether to terminate assistance.
(20) Documenting changes in the family.
(a) Death of the Veteran. When a Veteran, who is under lease with a HUD-VASH voucher
dies, then the family members who are also registered on the voucher and lease are able
to continue to utilize the HUD-VASH voucher for as long as they remain otherwise eligible.
The PHA is encouraged, though not required, to move the Veteran’s family to a non-HUD-
VASH, or “regular,” HCV when one is available. Once the family moves to a regular HCV
then the HUD-VASH voucher becomes available for a new Veteran. Case management is
not available through this program without the Veteran, but it can be arranged for the
family if needed through referral to community or other programs.
(b) Separation/Divorce of the Veteran. Since the set-aside of HUD-VASH vouchers is for
Veterans, the voucher must remain with the Veteran in the case of separation or divorce.
This in effect overrides the PHA’s policies on how to determine who remains in the
program when a family breaks up (24 CFR Section 982.59(d) (11)).
(c) Imprisonment of the Veteran. Veterans who are leasing a unit with their HUD-VASH
voucher and are imprisoned may be able to continue to sustain their housing. When the
Veteran has been terminated from VA case management, the PHA must terminate HUD-
VASH assistance. PHAs may use its discretion under 24 CFR 982.552 (c)(2)(ii) to allow
other members of the participant family to continue receiving assistance subject to the
condition that the offender will not reside in the unit. The family may retain the HUD-VASH
voucher, or the PHA may offer the family a non-VASH voucher to free up the HUD-VASH
vouchers for another homeless Veteran. Once the VASH voucher turns over, it must be
issued to another homeless Veteran.
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part VI. PROGRAMS - HUD-VASH page 38
(21) Single Veterans may retain their housing as long as they are not absent from the unit longer
than 180 calendar days for continued assistance, and the Veteran’s rent portion continues to be
paid to the landlord.
(22) Veteran families where the Veteran is not expected to return to the family unit may request
the PHA to provide them with a regular voucher, if available. The family, already a program
participant, would not be subject to a waiting list. However, the PHA determines availability of
their regular HCV for the family. If the PHA is not able to move the family to a regular HCV, the
family would continue to utilize the HUD-VASH voucher.
(23) Veterans who have exited HUD-VASH case management and whose voucher was
terminated due to excessive lengths of incarceration may be evaluated upon release for
readmission to HUD-VASH.
(24) Veterans who are incarcerated may not receive services from the HUD-VASH team.
Consultation with VA’s Veteran Justice Program staff and Fugitive Felon point of contact is
recommended.
(25) Protection for the Victim. When a Veteran’s family member is under lease with a HUD-VASH
voucher and is receiving protection as a victim of domestic violence, dating violence, or stalking,
and the Veteran is the perpetrator of such violence, the victim must continue to be assisted by
PHA.
(a) Dating violence, domestic violence, and stalking are each violations of the family
obligations under 24 CFR 982.551(l). Therefore, the perpetrator may be terminated from
PHA voucher assistance for committing such acts.
(b) Upon termination of a perpetrator’s HUD-VASH voucher due to acts of domestic
violence, the victim receiving protection is to be given a regular HCV by PHA, if one is
available. If a regular HCV is not available for the victim, the victim continues to utilize the
HUD-VASH voucher until another subsidy can be utilized. Case management associated
with any remaining household members utilizing this voucher is terminated. The Veteran's
victim and family would not be subject to the PHA's voucher waiting list as they are
already participants in the voucher program.
(c) In the case of the victim utilizing the HUD-VASH voucher, upon release of the voucher
by the victim, the HCV must be returned to HUD-VASH for re-issue by PHA to another
eligible Veteran family. NOTE: HUD is currently developing guidance that will provide
PHAs with further procedures for the implementation of Violence Against Women Act
(VAWA) protections under 24 CFR part 5, subpart L.
(d) The Veteran perpetrator may continue to be served by the HUD-VASH team, have a
new voucher issued, and work towards becoming rehoused as appropriate.
(e) Where appropriate referrals need to be made to the medical facility’s local Intimate
Partner Violence/Domestic Violence coordinator or point of contact.
Initial term of the Housing Choice Voucher for HUD-VASH participants shall be 120 days, rather than
the standard 60 days. Initial lease term may also be less than the standard one-year requirement.
A HUD-VASH participant family’s HCV assistance must be terminated for failure to participate, without
good cause, in case management services as verified by the VAMC or CBOC. In such cases, the
PHA will offer the family continued HCV assistance through one of its regular vouchers, if one is
available.
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part VI. PROGRAMS - Supported Programs (SP) page 39
3. Supported Programs (SP)
The Paducah Section 8 Housing office seeks to support and promote area programs designed to
provide coordinated services to residents who are recent victims of domestic violence and/or those
who are in pursuit an education by enrolling in a post-secondary educational facility as a full-time
student. Any HCV participant in the supported program shall retain their HCV eligibility beyond ending
participation in the supported program unless termination of assistance is based upon violation of
Family Obligations of the HCV program. Participants that voluntarily withdraw or are terminated with
cause under SPs shall not be eligible for application to HCV until two years from last HCV assistance.
Supported Programs currently promoted by the City of Paducah Section 8 Housing:
Scholar House of Paducah
Merryman House Initiative (domestic violence program)
4. Family Self-Sufficiency Program
The Paducah Section 8 Housing office has received approval to develop and implement a Family
Self-Sufficiency (FSS) Program under the terms of the Annual Contributions Contract for KY 36-Vl37-
008. The objective of this action plan is to initially outline the policies and procedures for
implementation of this FSS Program.
The overall goal of the Paducah Section 8 Housing office is to enable a maximum of 30 families to
become economically and socially independent through the coordination and delivery of existing
community services.
Mandatory program size will reduce by the number of program graduates although the agency will
continue to operate a voluntary program totaling 30 participants.
Based on past experience with the Project Self-Sufficiency Program, it is known that there are both
societal and individual barriers to break down before a family can leave long term poverty.
It is also understood that an effective FSS Program requires a mixture of creativity and flexibility, in
addition to accountability, for both the family and service providers.
A. Program Objectives
The Program's objectives are listed as follows:
Improve coordination of both planning and delivery of services to participants of FSS
based on the commitment to make families self-sufficient.
Implement a case management system to identify needs, planning, and delivery of
services to a FSS family based on the family's commitment to become self-sufficient.
Document the implementation of services to be used for future planning of a broader-
based FSS Program.
Establish interagency partnerships to achieve high quality comprehensive service
delivery to all members of a family with long-term results. Assess the accountability of
the family, the case management, and the agencies and entities providing service and
resources.
B. Family Objectives
The family's objectives will be to achieve the following:
Elevate itself from a status of dependency to that of self-reliance and growth towards
the goal of self-sufficiency.
Achieve a greater level of self-discipline, self-esteem and self-motivation by accepting
responsibility for decisions and actions.
Demonstrate commitment and accountability to a Personal Action Plan, which both
goals and barriers are assessed.
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part VI. PROGRAMS - Family Self-Sufficiency Program page 40
C. Family Demographics
The City of Paducah Section 8 Program will serve a diverse population in implementing the
FSS Program. The Agency does not and will not under the FSS Program Action Plan,
discriminate in its practice or treatment toward any program participant.
D. Selection Process
The selection of FSS participants will be limited to current Section 8 Housing participants with
a selection preference given to JOBS (Job Opportunities and Basic Skills) participants not to
exceed 50% of the total FSS slots. Outreach to JOBS participants will be performed through
notification and coordination of the local JOBSc0ordinator and staff.
The Paducah Section 8 Housing office will provide FSS information available by means of
notification to all current Section 8 program participants, briefing packets enclosure, media
coverage, community, and/or special interest group presentations.
The non-targeted selections will be made by time and date of the family's expressed interest in
participation in FSS.
The selection procedure for FSS participants will be performed without regard to race, color,
religion, sex, disability, familiar status or national origin.
E. Activities and Support Services
The FSS program will offer the following support services in addition to identified service
needs of specific family circumstance:
Child Care
Transportation
Education
Employment
Personal Welfare
Household Skills and Management
Counseling (credit, personal, etc.)
Other service and resources such as case management
The identification of support needs will be established through case management, self-
evaluation, and need assessment. The process of identifying service providers will be done in
coordination with the Program Coordinating Committee (PCC) in order to define and access a
broad range of support services.
F. Incentives
The FSS Program will offer participating families the opportunity to effectively become
economically and socially independent of the welfare system through the coordination and
provision of services designed to meet the goal of each individual participant.
The Program will also provide for the establishment of an escrow account for any difference of
the increase in rent due to earned income in accordance with HUD regulations.
G. Assurance of Non-Interference
The City of Paducah Section 8 Housing Program hereby assures each family that any
admission or right to occupy in accordance to lease provisions will not be effected by a family's
participation or nonparticipation in the FSS program.
H. Termination
The family's Contract of Participation may be terminated for any of the following reasons:
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part VI. PROGRAMS - Family Self-Sufficiency Program page 41
When the housing agency determines that the head or participating family member(s)
has failed to fulfill the terms of the contract and/or any extension therefore.
Withdrawal of the family from the FSS program.
Mutual consent of both parties.
By such act as it is deemed inconsistent with the purpose of the FSS program.
By operation of law.
When the family is no longer receiving any federal, state, local or other assistance.
I. Withholding of Services / Denial
If a Family previously participated in the FSS program and did not meet its obligations and was
terminated, the family will be denied participation.
Families that owe the Section 8 program, or another housing agency, money in connection to
housing assistance will be denied participation.
Families that are found in noncompliance of the lease that result in lease termination will be
denied participation in the FSS program.
Noncompliance with the FSS contract will result in termination of contract.
If a Family fails to meet its obligations or complete goals stated in the contract, services will be
denied.
J. Grievance Procedures
Any decision of the agency to terminate, deny or withhold assistance can be addressed by the
participant by utilizing the grievance procedure including in the Administration Plan. Each
participant will be informed of their rights and procedures for grievances upon selection to the
FSS program.
K. Timetable for Implementation
The Agency's goal of full implementation of slots will be a period of 90 days from the effective
date of the Action Plan.
L. Certification of Coordination
The Paducah Section 8 Housing office hereby certifies that the development of services and
activities have and will be coordinated with the JOBS program and other services related
programs in order to assure that implementation will continue to be coordinated to avoid
duplication of services and activities. This will be achieved through the coordinating committee
input and services coordinator's program management.
M. Escrow Withdrawal (early)
FSS participants in good standing shall be eligible to make a one-time withdrawal of escrow
funds equal to up to 50% of remaining escrow funds during the contract for the following
purposes: to reduce debts in preparation of homeownership certification, to purchase needed
transportation if required for employment, to cover moving expenses if needed for employment
opportunity or other good cause related to becoming self-sufficient. The Program Administrator
will review and approve each written request as submitted by the FSS participant.
N. Eligibility of graduated FSS participants
Any participant that has graduated and withdrew funds or voluntarily withdrew from the FSS
program shall not be eligible to re-apply for FSS until all withdrawn funds are repaid or (2)
years from last date of assistance.
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Part VI. PROGRAMS - HCV Homeownership Program page 42
5. HCV Homeownership Program
The City of Paducah Section 8 Housing Choice Voucher Program (also referred to as PHA) hereby
establishes a Section 8 tenant based homeownership option in Paducah/McCracken County, KY
pursuant to the U.S. Department of Housing Urban Development (HUD) final rule dated October 12,
2000 and Section 566 of the Quality Housing and Work Responsibility Act of 1998 under Section 8(y),
Homeownership Option.
The Paducah Section 8 Housing office hereby establishes a minimum commitment of 50 housing
choice vouchers to be utilized as homeownership option vouchers subject to review and adjustment
by the City of Paducah Board of Commissioners based upon financial and related considerations.
A. Participant Qualification
Any Section 8 eligible program participant, Housing Authority of Paducah participant, Habitat
for Humanity participant or City of Paducah Planning Department Homebuyer Program
applicants, who has been issued a Section 8 housing choice voucher, referred by the Housing
Authority, Habitat or the Planning Department may utilize the subsidy for purchase rather than
rental of a home, subject to the following:
A family must meet the requirements for admission to or continued participation in the Section
8 Housing Choice Voucher (HCV) Program.
The homeownership option will be included in all briefing and re- certification classes as well
as media and community announcements. Current Section 8 participants or public housing
participants must be in compliance with their lease and program requirements and must
terminate their current lease arrangement in compliance with the lease agreement.
A family in which the head or co-head of household has previously received assistance and
has defaulted on a mortgage obtained through the Homeownership Option is disqualified from
participation.
Participant families must be any of the following: ''first-time homeowners", in which no family
member owned any present homeownership interest in a residence of any family member
within the last three years; residents of limited equity cooperatives; or, a family of which a
member is a person with disabilities, and use of the Homeownership Option is needed as a
reasonable accommodation. (Title to a mobile home or manufactured home is not considered
as homeownership for purposes of this option.)
Participants in the Section 8 Homeownership Option must attend and satisfactorily complete a
pre-purchase homeownership counseling program and be deemed to be ''mortgage ready"
before a homeownership voucher will be issued. Participants are also required to attend and
complete post- purchase and ongoing homeownership counseling. At minimum, the
counseling will cover the following:
Home maintenance
Budgeting and money management
Credit counseling
Negotiating the purchase price of a home
Financing
Locating the home
De-concentration issues
HQS (housing quality inspection) and independent inspection requirements
The head of household and/or co head must be currently employed on a full-time basis (as
defined by HUD to average 30 hours per week) and have been continuously employed during
the year before commencement of homeownership assistance. Families in which the head of
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Part VI. PROGRAMS - HCV Homeownership Program page 43
household or co-head is disabled or elderly are exempt from this requirement. Families that
include a person with disabilities may request an exemption as a reasonable accommodation.
The family's income must be equal to or exceed the HUD minimum. income requirement,
currently set at 2000 hours times the Federal minimum wage or $14,500 annually. Welfare
assistance will not be considered in meeting the income requirement, except for households in
which the head or co-head is elderly or disabled and for households that include a disabled
person other than head or co-head.
Applicants may be enrolled in the Family Self-Sufficiency (FSS) Program but are not required
to do so for qualifying in the program. Funds accumulated in the FSS escrow account may be
advanced for purchase of the home, home maintenance, credit clean up or other house
purchase related expenses subject to the guidelines of the FSS Program.
B. Time Frame to Purchase a Home
An applicant will have a maximum of 90 days from the date of issuance of a homeownership
voucher to enter into a Purchase Agreement to purchase a home. If an applicant is unable to
enter into a Purchase Agreement before the end of the initial 90-day period, the applicant will
be provided an extension of 90 days to enter into a Contract for Sale or utilize the voucher for
house rental.
Any additional extension will be at the discretion of the Program Administrator.
C. Portability
Families determined eligible for homeownership assistance may exercise the Homeownership
Option outside the PHA's jurisdiction if the receiving PHA is administering a HCV
homeownership program and is accepting new families into its program.
D. Permitted Ownership Arrangements
The Homeownership Option may be utilized for three types of housing:
1. A single-family unit owned by the family, where one or more family members hold title
to the home, or a home previously occupied under a lease purchase agreement. Such
unit may be a single family home, half of a duplex, or single unit within a condominium
or multiplex.
2. A cooperative unit, where one or more family members hold membership shares in the
cooperative.
3. A manufactured home on a permanent foundation when the family owns the land in
which the home sits or if the family does not own the land where the home sits, but has
the right to occupy the land for at least thirty years.
E. Contract of Sale and Home Inspections
Participants in the Homeownership Option Program must initially complete a Purchase
Agreement with the owner of the property to be purchased.
The Purchase Agreement must include the seller's certification that the seller(s) has not been
debarred, suspended, or subject to a limited denial of participation under any federal contract
in accordance with 24 CFR part 24.
The Purchase Agreement must include the home's price and other terms of sale, the PHA's
pre purchase HQS inspection requirements (including a provision that the participant will
arrange for a pre purchase inspection of the unit as set forth below), a provision that the
participant is not obligated to purchase the unit unless the inspection is satisfactory to the
purchaser, and an agreement that the purchaser is not obligated to pay for any necessary
repairs.
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Part VI. PROGRAMS - HCV Homeownership Program page 44
The participant must obtain an independent professional home inspection of the unit's major
systems at the participant's expense. A member of the American Society of Home Inspectors
(ASHI) or a regular member of the National Association of Home Inspectors (NAHI) must
conduct the independent inspection. In all cases the inspection must cover major building
systems and components, including foundation and structure, housing interior and exterior,
and the roofing, plumbing, electrical and heating systems. The inspector must provide a copy
of the inspection report both to the family and to the PHA.
The City of Paducah Section 8 Housing office will conduct a Housing Quality Standards (HQS)
inspection and will review the independent professional inspection of the unit's major systems.
The City of Paducah Section 8 Housing office retains the right to disqualify the unit for
inclusion in the Homeownership Option based on either the HQS inspection or the
independent professional inspection report.
F. Financing
Mortgage instruments must meet at least one of the following criteria:
The household is solely responsible for obtaining financing. All loans must meet FHA, or
acceptable terms by Fannie Mae, Freddie Mac, reputable secondary markets, or acceptable
mortgage insurance credit underwriting requirements. The PHA will review lender
qualifications, loan terms, and other family debt and expenses to determine that the debt is
affordable and reserves the right to disapprove the loan if it is unaffordable or the terms are
considered predatory.
The PHA requires a minimum homeowner down payment of at least 3 percent of the purchase
price for participation in its Section 8 Homeownership Option Program, and requires that at
least two percent (2%) of the purchase price come from the family's personal resources. The
PHA will consider waiving or reducing the minimum down payment requirement in cases
where the family is using down payment assistance grants or other assistance programs to
purchase the unit. Waivers will be granted on a case-by-case basis at the discretion of the
Program Administrator.
The PHA prohibits
Seller financing
Co-signers not residing in the household.
In the event of an appeal, the Program Administrator will appoint a review panel.
G. Length and Continuation of Assistance
Section 8 assistance will only be provided for the period that the family is in occupancy of the
home. The maximum term a family may receive homeownership assistance is fifteen years if
the initial mortgage incurred to finance purchase of the home is 20 years or longer. In all other
cases, the maximum term of assistance is ten years or the length of actual mortgage if less
than 10 years.
Elderly families that qualify as such at the start of homeownership assistance and disabled
families that qualify as such at any time during receipt of homeownership assistance are
exempt from this time limit. If an elderly or disabled family ceases to qualify as such during the
course of homeownership assistance, the maximum term applies from the date the assistance
commenced, except that the family will be provided at least 6 months of assistance after the
maximum term becomes applicable.
H. Family Obligations
In addition to completing the pre- and post-purchase homeownership counseling program, the
family must execute a statement of family obligations prior to the issuance of the
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Part VI. PROGRAMS - HCV Homeownership Program page 45
homeownership voucher, agreeing to comply with all family obligations under the
Homeownership Option, including:
1) The family must comply with the terms of any mortgage securing debt incurred to purchase
the home or any refinancing of such debt.
At any time the family is receiving homeownership assistance, the family may not sell or
transfer any interest in the home to any entity or person other than a member of the assisted
family residing in the home.
A home equity loan may not be acquired without the prior written consent of the PHA.
The family must provide required information regarding income and family composition in
order to calculate correctly total tenant payment and homeownership assistance, consistent
with Section 8 requirements and any other information requested by the PHA concerning
financing, the transfer of any interest in the home, or the family's homeownership expenses.
While receiving homeownership assistance, the family must notify the PHA if the family
defaults on a mortgage securing any debt incurred to purchase the home.
While receiving homeownership assistance, the family must notify the PHA before the family
moves out of the home.
1) The family must, at annual reexamination, document that the family is current on mortgage,
insurance and utility payments.
The family is prohibited from moving more than one time in a one (1) year period. The family
may be required to participate in pre- and post-purchase homeownership counseling prior to
re-housing.
While receiving homeownership assistance, no family member may have any ownership
interest in any other residential property.
I. Assistance Payment
Paducah Section 8 Housing office may provide upon approval by HUD, one of two types of
homeownership assistance paid directly to the lender or designee on behalf of the family.
1) Monthly homeownership assistance payment
The family's Section 8 monthly housing assistance payment will be the lower of the Section 8
voucher payment standard minus the Total Tenant Payment or the family's monthly
homeowner expenses minus the Total Tenant Payment.
Homeownership expenses include principal and interest on mortgage debt, refinancing
charges of mortgage debt, mortgage insurance premiums, real estate taxes and public
assessments, home insurance, allowance for maintenance expenses, allowance for major
repairs and replacements based on allowance recommended by the PHA 's designees, a utility
allowance, and principal and interest on mortgage debt incurred to finance costs for major
repairs, replacements or improvements for the home (including expense of reasonable
accommodation).
If a family's income increases to a level that they are no longer eligible to receive a housing
assistance payment, eligibility for such payments will continue for 180 calendar days. At the
end of a continuous period of 180 days without any assistance payments, eligibility for Section
8 assistance will automatically terminate.
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Part VI. PROGRAMS - HCV Homeownership Program page 46
J. Lease-to-Purchase
Lease-to-Purchase agreements are considered rental property and subject to the Section 8
tenant-based assistance rules. All regulations of the Homeownership Program will become
effective at the time that the family exercises the option to utilize the homeownership voucher.
K. Default
If the family defaults on the home mortgage loan, the participant will not be able to utilize the
Homeownership Voucher for rental assistance but may reapply to the Section 8 waiting list.
L. Recapture
The PHA will not recapture the Homeownership Voucher payments unless there was an act of
fraud or misrepresentation of a material fact in order to obtain a benefit. The HCV
Homeownership recapture provision does not apply to any other program funds that may be
used in the transaction.
M. Denial or Termination of Assistance
The PHA reserves the right to deny or terminate assistance to the family, and will deny
homeownership assistance to the family, in accordance with HUD regulations governing any
failure to comply with family obligation, mortgage default or failure to demonstrate that the
family has conveyed title to the home as required, or the family has moved from the home
within the period established or approved.
N. Informal Hearings
An informal hearing will be offered for participants who are being terminated from the Program
because of the family's action or failure to act as provided in 24 CFR 982.552. The rules and
procedures are set forth in the Section 8 Administrative Plan, entitled "Grievance Procedures".
O. Occupancy Standards
The PHA will determine the occupancy standard applicable to each homeownership family to
be utilized in the issuance of the payment standard size for lease-to-own calculations and
mortgage calculations by consideration of the following:
size or anticipated size of family
provision of a valued and salable asset
analysis of local marketable units
availability of necessary funding
It is the objective of the PHA to provide the homeowner with the opportunity to purchase local
marketable units. In some cases, the homeowner would only qualify (under the regular
Voucher Program occupancy standards) for a payment standard that would limit the size of the
unit purchased. Under the HCV homeownership program, an analysis will be done on the local
market to insure that the homeowner is provided adequate assistance to purchase a valued
and salable property which in some cases will equate to adjusting the payment standard size
above the occupancy standard of the regular voucher program.
P. Non-Routine Maintenance/Replacement Reserve
The Paducah Section 8 Housing office will encourage a non-routine maintenance and
replacement reserve account for each homebuyer receiving home ownership assistance under
the Section 8 Homeownership Program. The account shall be maintained by either the
Kentucky Housing Corporation or mortgage company/designee for the benefit of the individual
homeowner.
The reserve accounts will insure that the homebuyer have sufficient funds on hand for major
repairs and systems replacement.
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Part VI. PROGRAMS - Homeownership Option 10 Year Asset Exclusion page 47
Each home buyer receiving homeownership assistance with a reserve account option will be
required to deposit (minimum) $50.00 monthly to an escrow account to be used to pay for
reasonable and non-routine maintenance or repair expenses, or systems replacement; and in
the case of a disabled household, the cost of modification of a unit necessary as a reasonable
accommodation. Families may access the account with a written request to PSS, which will
include the nature of the repair or replacement, bids or estimates, or actual receipts for work
that has already been completed. The PHA will make the final determination on approval of
account withdrawals and shall submit request to servicing agent for release of funds.
Participation in the monthly non-routine maintenance/replacement reserve escrow program is
required (unless otherwise not offered by a mortgage company or designee) by all participants
receiving Section 8 Homeownership assistance from the City of Paducah Section 8 Housing
Program after May 1, 2008. Participation by pre-existing homeowners receiving Section 8
Homeownership assistance will be by voluntary written agreement by existing homeowner and
will be subject to all provisions under mandatory requirement. The length of individual
participation is based on the length of assistance provided by the PHA. After completion of a
ten (10) year term of home ownership assistance and obligation, the family may make a
written request for the remaining escrow account balance or request it be applied toward the
principle balance of their mortgage.
Withdrawal of the funds will be contingent on:
Good standing with homeownership program and mortgage obligations.
The expense being approved by the PHA. Such expenses are for the replacement of
the heating system, air conditioning, water heater, refrigerator, appliances (funds
cannot be used to purchase the initial appliance), and home repairs (not including
decorations). It may not be used for additions to the unit or for decorative landscaping.
Q. Disbursements
In order to access maintenance/replacement reserve funds, a written request must be
submitted to the PHA stating the estimate of cost and purpose the funds will be used.
6. Homeownership Option 10 Year Asset Exclusion
Federal Regulations 24 CFR 5.603 (b) Net Family Assets exempts the home purchased with voucher
assistance from being counted as an asset for the first 10 years after closing. The PHA will utilize the
following method in calculating home value assets after the initial I0 year exemption exclusion:
Market Value minus Loan Value equals Asset Value
Market Value will be obtained by utilizing the assessed value of property as provided by the
McCracken County Property Evaluation Office and reduced (adjusted) by 10% (estimated cost of
expense to convert to cash)
Loan Value will be determined by the amount obtained from mortgage company to pay-off loan in
full effective on re-certification date or other designated date, if pay-off amount is unobtainable,
mortgage balance on re-certification date or other designated date will be utilized as loan value.
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part VI. PROGRAMS - Project-Based Voucher Program page 48
7. Project-Based Voucher Program
The City of Paducah Section 8 Housing Program (PHA) hereby creates a project based housing
program (PBV) to achieve the following goals; to expand the affordable housing stock, to increase the
affordability of housing currently not affordable to households below 30% of the area median income
and to support supported housing programs. The maximum number of PBV units shall not exceed
twenty percent of the total number of ACC authorized HCV units of rental assistance at any time (110
units maximum). The PHA shall enter into contracts for PBV assistance based on rules stated below
and HUD regulations published in Federal Register 24 CRF Part 983 including all subsequent
corrections and amendments.
A. Project Selection Criteria
The PHA will consider the following project selection criteria in evaluating proposals to project
base housing choice vouchers:
1. Housing that serves homeless households;
2. Housing that serves households with special needs such as people with mental and/or
developmental disabilities, people with physical and/or sensory disabilities and .other
special needs as described by the entity;
3. Housing that reduces concentrations of poverty;
4. Housing that provides opportunities to increase the diversity of neighborhoods;
5. Housing that combines an appropriate level of support services to residents;
6. Housing that provides opportunities for economic self-sufficiency; and
7. Housing that maximizes the use of other funding sources and leverages the use of
PHA funds.
B. Project Selection
The Paducah Section 8 Housing office will make housing choice voucher funding available to
non-profit and for-profit entities through a competitive process. A Request for Proposal (RFP)
will be published as required, inviting proposals of projects that seek the commitment of
project-based vouchers that meet the goals of the PHA selection criteria. Specific project
selection will be performed by a PHA designated evaluation panel utilizing a weighted
selection scored according to the applicable factors listed in the selection criteria.
All projects awarded project based Section 8 subsidy must be developed and operated in a
manner consistent with HUD regulations. Project based commi1ments are subject to the
availability of adequate federal funding of the PHA Section 8 Housing Choice Voucher
Program.
C. Operation of Project-Based Properties
The PBV program shall operate the same as the regular tenant based vouchers with the
following exceptions:
D. Project-Based Waiting List
The Paducah Section 8 Housing office shall use a separate waiting list for admission to the
PBV program. All PBV applications will be maintained according to the same selection criteria
as the regular program. If an applicant refuses an offer of assistance for PBV, the applicant will
be transferred to the regular waiting list as of their original application date.
E. Moves with Continued Assistance
Participants that are assisted under the PBV program may move from the assisted project and
retain housing choice voucher assistance if the assisted family has occupied the unit under
PBV for at least 12months and has given proper notice to vacate.
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Part VI. PROGRAMS - Project-Based Voucher Program page 49
F. PBV Program Contract Terms
The contract term shall be negotiated for each project based on the project’s needs, not to
exceed 10 years.
Except for units designated for families that are elderly, disabled or receiving supported
services, no more than 25% of the project may have PBV assistance.
PBV unit gross rents may not exceed the applicable Fair Market Rent.
No vacancy loss payments shall be made by the Paducah Section 8 Housing office in the
event that the participant vacates the unit.
All units must be inspected by the Paducah Section 8 Housing office for Housing Quality
Standard (HQS) compliance and each unit shall be re-inspected annually.
All contracts are subject to availability of adequate funds.
* * * * *
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Part VII. ADMINISTRATION & EVALUATION - Responsibilities of the Paducah Section 8 Housing office page 50
Part VII. ADMINISTRATION & EVALUATION
1. Responsibilities of the Paducah Section 8 Housing office
Publication and dissemination of information concerning the availability and nature of housing
assistance for eligible families.
Public invitation of owners to make dwelling units available for leasing by eligible families and
development of working relationships and contracts with landlords and appropriate
associations and groups.
Receipt and review of applications for vouchers, verification of family income, and other factors
relating to eligibility and amount of assistance and maintenance of a waiting list.
Issuance of vouchers.
Notification of families determined to be ineligible.
Provision of each voucher holder of basic information on applicable Housing Quality Standards
and inspection procedures, search for and selection of housing, owner and tenant
responsibilities, and basic rules.
Determination of the amount of the total tenant payment and tenant rent.
Determination of the amounts of housing assistance payments.
Explanation of program procedures to owners, including those who have been approached by
voucher holders.
Review of and action on requests for lease approval, including monitoring to assure that the
limitations on use of Section 8 Housing Assistance in subsidize projects are observed.
Making of housing assistance payments.
Provision of housing information to assisted families and referral of such families to
appropriate social service agencies upon request.
Re-examination of family income, composition, and extent of exceptional medical or other
unusual expenses, and redetermination, appropriate, of the amount of gross family
contributions and amount of housing assistance payment in accordance with HUD established
schedules and criteria.
Adjustment of the amount of tenant rent, utility reimbursement and housing assistance
payment as a result of an adjustment by the PHA of any applicable utility allowance.
Inspection prior to leasing and inspection; inspections at least annually determine that the
units are maintained in decent, safe, and sanitary condition, and notification to owners and
families of PHA determinations.
Administration and enforcement of contracts with owners and taking appropriate actions in
case of noncompliance or default.
Compliance by the Paducah Section 8 Housing office with equal opportunity requirements,
including efforts to provide composition, increase or decreases in medical (elderly) or child
care expenses, increases or decreases in family income during each contract year as they
occur.
2. Program Management
Location – Effective January 1, 2019, the Paducah Section 8 Housing office will be relocated
to offices at 2330 Ohio Street, which is the same complex as the Housing Authority of
Paducah.
The Housing Authority of Paducah shall provide management, training, oversight, and quality
control that results in the fulfillment of all obligations and requirements of the HCV program in
accordance with 24 CFR Part 982, as amended. Housing Authority of Paducah shall ensure
that all required documentation and reporting to the HUD are completed accurately and in a
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Part VII. ADMINISTRATION & EVALUATION - Program Management page 51
timely manner, including the Annual Administrative Plan and the 5-Year Administrative Plan as
required by HUD.
Housing Authority of Paducah’s website will provide a webpage about the HCV program.
However, the website information about HCV program will be maintained for 2 years on the
city’s website: http://www.paducahky.gov/section-8-housing-assistance
A new phone number will be established. However, to ensure a seamless transition for
customers and clients, current phone service (270-444-8542) will be forwarded to the new
phone number for 2 years.
Staffing
Program Administrator - The Executive Director of the Housing Authority of Paducah will be
the Program Administrator responsible for the general oversight of the HCV Section 8
programs.
Housing Coordinator – Supervises Housing Specialist(s) and Inspector(s) and is responsible
for:
Special programs (HUD-VASH and Scholar House including briefing of participants);
Portability requests and processing;
Ensuring the briefing of participants is thorough and complete;
SEMAP requirements;
Administrative Plan amendments, approvals and compliance (annual & 5-year);
Homeownership and FSS programs including promotion, bank relationship,
applications;
FMR and Utility Rate updates;
HUD reporting;
Fraud Investigations;
Hearings as requested;
Various reports and duties as directed by the Program Administrator.
Housing Specialist I/II- Responsible for:
Processing applications;
Certifications & recertifications of income & family composition, including use of EIV
system;
Issuing vouchers;
Processing, calculating of assistance payment (rent & utilities), and printing check
payments;
Processing move ins and outs, and transfers;
Preparing voucher utilization report for Coordinator;
Preparing and issuing various determination letters (No response, Income, Inspection
failure, Final Inspection failure, Reimbursement, Withdrawal, etc.);
Maintaining tenant and landlord database;
Prepare for audits and purging of files;
Maintaining current forms and office supplies;
Various reports and duties as directed by the Coordinator.
Inspector - HQS inspections are to be performed by a Housing Specialist, if trained in the
HUD HQS standards; or under contract with an appropriately trained private inspector; or the
Program Administrator. Inspector is responsible for:
o Verifying address location;
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Part VII. ADMINISTRATION & EVALUATION - page 52
o Inspecting units and approving only those units that meet HUD HQS standards and
local property maintenance codes;
o Explaining any deficiencies of a unit to the landlord and tenant;
o Completing inspection reports;
o Various reports and duties as directed by the Coordinator.
Board of Directors – Composition of the Board includes the Mayor of the City of Paducah as
the Chair of the Board, three tenant members, and three at large members.
3. Outreach
It shall be the policy of the Paducah Section 8 Housing office to aggressively promote the Section 8
Housing Choice Voucher, Family Self-Sufficiency (FSS) and Homeownership Option through public
service announcements, brochures, local radio and advertising in the local daily and weekly
newspapers. In addition, all public service agencies in the Paducah area will receive information
circulars describing these programs and who may receive benefits. Informational materials will be
circulated among local Realtors, private rental property owners, and rental property managers for the
purpose of soliciting participation. If additional listings are needed, staff members may go into the
community meet one-on-one with citizens or groups for the purpose of outreach.
The Paducah Section 8 office will actively promote the availability of housing assistance to eligible
applicants by contact with local media, brochures, and community organizations. In order to target the
"least likely to apply'' applicants, the Paducah Section 8 office will provide flyers and brochures to be
distributed through places of employment, union offices, neighborhood groups, churches, and
commercial establishments if there is a need for outreach demonstrated by our application pool.
4. Briefing Families, Issuing Housing Choice Vouchers
A. This PHA will provide brochures to each family, however, we believe it will be necessary to
give individual instructions (small groups when possible), in order that the program may be
properly explained. The staff will be available to discuss housing search problems during the
introductory search period.
B. Briefing documents to be included in each participant packet are as follows:
HOUSING CHOICE VOUCHER PACKET
Housing Voucher Utility Allowance
Request for Lease Approval
Required and Prohibited Lease Provisions
Lead Based Paint Information
Fair Housing Information and Complaint Form
Housing Assistance Payment Information
Informal Hearing Information
HQS Information
Federal Privacy Act Statement
Statement of Family Responsibilities
Security Deposit Information
A Guide to Housing Vouchers
Housing Voucher
EIV Applicant/Participant Information
5. Administrative Fee Reserve Expenditures
All expenditures from the administrative reserve of the Section 8 programs shall be housing related
and shall be approved by the City of Paducah Board of Commissioners.
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part VII. ADMINISTRATION & EVALUATION - Monitoring Program Performance page 53
6. Monitoring Program Performance
The Program Administrator will monitor and perform quality control audits on waiting list selection, rent
reasonableness, adjusted income determination, HQS enforcement, and HQS quality control as
required.
7. Purged Files
All participant tiles purged by this Agency will retain the original application made by the family and
will include the previous one year re-examination documentations and leasing contracts.
8. Fair Housing Policy and Equal Opportunity Housing Plan
Fair Housing Policy: The Fair Housing Policy of the Paducah Section 8 Housing office is to comply
fully with all Federal, State, and local nondiscrimination laws and in accordance with the rules and
regulations governing Fair Housing and Equal Opportunity in housing and employment and with the
Americans with Disabilities Act. Specifically, the PHA shall not on the basis of race, color, religion,
sex, handicap, familial status, and national origin, deny any family or individual the opportunity to
apply for or receive assistance under HUD's Section 8 Programs, within the requirements and
regulations of HUD and other regulatory authorities. To further its commitment to full compliance with
applicable Civil Rights laws, the PHA will provide access to information to Section 8 participants
regarding "discrimination". Also, this subject will be discussed during the briefing session and any
complaints will be documented and made part of the applicants/participants file.
For families and/or individuals who report apparent discrimination in obtaining assisted housing, the
Paducah Section 8 Housing office shall assist them by providing the family/individual with a HUD
Housing Discrimination Complaint Form, HUD - 903. The individual can complete this form and report
apparent discrimination to the Louisville HUB Office of Fair Housing and Equal Opportunity. For
example, a resident may be trying to obtain other rental housing and/or is attempting to purchase a
home and experiences apparent discrimination.
Equal Opportunity Housing Plan: The PHA is a participant in the tenant-based program and is
required to comply with equal opportunity requirements imposed by contract or federal law (Ref: 24
CFR 982.S4). This includes applicable requirements under:
The Fair Housing Act, 42 U. S. C. 3610-3619 (implementing regulations at 24 CFR parts 100,
et seq.);
Title VI of the Civil Rights Act of 1964, 42 U.S. C. 2000d (implementing regulations at 24 CFR
part l);
The Age Discrimination Act of 1975, 42 U. S. C. 6101-6107 (implementing regulations at 24
CFR, part 146);
Executive Order 11063, Equal Opportunity in Housing (1962), as amended, Executive Order
12259, 46 FR1253 (1980), as amended, Executive Order 12892, 59FR 2939 (1994)
(implementing regulations at 24 CFR, part 107);
Section 504 of the Rehabilitation Act of 1973, 29 U.S. C. 794 (implementing regulations at 24
CFR, part 8; and
Title II of the Americans with Disabilities Act, 42 U.S. C.12101, et seq.
Equal Opportunity Posting Requirements:
There shall be maintained in the PHA's office waiting room a bulletin board, which will accommodate
the following posted materials:
Statement of Policies and Procedures Governing the Section 8 Administrative Plan.
Open Occupancy Notice (Applications being Accepted and/or Not Accepted)
Income Limits for Admission.
Utility Allowances.
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part VII. ADMINISTRATION & EVALUATION - Limited English Proficient (LEP) Policy page 54
Informal Review and Hearing Procedure.
Fair Housing Poster.
"Equal Opportunity in Employment" Poster.
9. Limited English Proficient (LEP) Policy
It is a policy of the City of Paducah Section 8 Housing Program (PHA) to take reasonable steps to
ensure meaningful access to PHA programs and activities by limited English proficient (LEP) persons,
taking into account the proportion of LEP persons in the eligible service population, the frequency with
which LEP individuals come in contact with the program, the nature and importance of the service
provided by the program, and the available resources.
In all housing programs it provides, PHA complies with applicable federal and state law, including,
without limitation:
Title VI of Civil Rights Act of 1964 and the implementing regulations at 24 CFR part 1,
''Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban
Development-Effectuation of Title VI of the Civil Rights Act of 1964''; Executive Order 13166.
In addition, PHA complies with the related rules, regulations and procedures prescribed under the
above-mentioned federal and state law.
Definition of LEP Person
Persons who do not speak English as their primary language and who have a limited ability to read,
write, speak, or understand English can be LEP.
Identifying LEP Individuals who Need Language Assistance
PHA shall take reasonable steps to identify LEP persons served or encountered using the following
methods:
Using the Census Bureau "I speak" cards to invite LEP persons to identify their language
needs to staff;
Posting notices in PHA office listing commonly encountered languages and notifying LEP
persons of available language assistance;
Requesting applicants and participants to list their primary language and need for interpreter
on applications and eligibility statements;
Tracking the LEP information electronically;
Language Assistance Measures
Types of Language Services Available
PHA shall take reasonable steps to provide oral and written language services as described in this
section. In determining what language services should be provided, PHA shall consider the following
factors:
A. The number or Proportion of LEP Persons Served or Encountered in the Eligible Service
Population
PHA shall examine its prior experiences with LEP encounters to determine the breadth and
scope of language services needed. PHA shall also consult other data to refine or validate
its prior experience, including the latest census data for the area served.
B. The Frequency With Which LEP Individuals Come Into Contact With the Program
PHA shall take reasonable steps to assess, as accurately as possible, the frequency of contact with
LEP persons from different language groups. The more frequent the contact with a particular
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part VII. ADMINISTRATION & EVALUATION - Limited English Proficient (LEP) Policy page 55
language group, the more likely that enhanced language services in that language are needed. Less
frequent contact with different language groups may suggest a different and less intensified solution.
The Nature and Importance of the Program, Activity, or Service provided by the Program
The more important the activity, information, service, or program, or the greater the possible
consequences of the contact to the LEP persons, the more likely language services may be needed.
The Resources Available to PHA and Costs
While it is PHA's policy to take reasonable steps to provide meaningful access to PHA programs and
activities by LEP persons, the availability of resources may limit the provision of language services in
some instances "Reasonable steps" may cease to be reasonable where the costs imposed
substantially exceed the benefits. PHA shall explore the most cost-effective means of delivering
competent and accurate language services before limiting services due to resource concerns.
Oral Language Services (Interpretation)
PHA shall use contract interpreters and bilingual PHA or City of Paducah staff to provide the services.
Where LEP persons so desire, they can use, at their own expense, an adult interpreter of their own
choosing (whether a professional interpreter, family member, or friend) in place of or as a supplement
to the free language services offered by PHA. PHA may, at its discretion, choose to provide their own
Interpreter in addition to the one used by the family.
PHA shall take reasonable steps to ensure competency of the language service provider. When
providing oral language assistance, PHA shall use the following general criteria to ensure effective
communication with LEP persons:
Demonstrated proficiency in and ability to communicate information accurately in both English
and in the other language and identify and employ the appropriate mode of interpreting;
Knowledge in both languages of any specialized terms or concepts peculiar to PHA's program
or activity and of any particular vocabulary and phraseology used by the LEP person;
Understanding of and following confidentiality and impartiality rules;
Awareness of “regionalisms" used by the LEP person;
Understanding of and adherence to their role as interpreters without deviating into a role as
counselor, legal advisor, or other roles.
When interpretation is needed and is reasonable, it shall be provided in a timely manner so as to
avoid the effective denial of a benefit or service. Where access to or exercise of a benefit or service is
not effectively precluded by a reasonable delay, the language assistance may be reasonably delayed.
Written Language Services (Translation)
PHA shall take reasonable steps to provide written translations of vital documents that list program
rules and instructions for each eligible LEP language group that constitutes 5% or 28 persons,
whichever is less, of program applicants/participants. Whether or not a document (or information it
solicits) is vital may depend upon the importance of the program, information, encounter, or service
involved, and the consequence to the LEP person if the information in question is not provided
accurately or in a timely manner. For example, applications for certain recreational activities would not
generally be considered vital documents, whereas applications for housing could be considered vital.
All documents that require action from an applicant or participant shall include a statement in the
languages of eligible groups reading "Important information about your housing. If you need
assistance, please contact us immediately." PHA shall take reasonable steps to provide oral
interpretation of other documents, if needed.
For all documents available in the languages of eligible groups, the English version of the documents
shall include a statement on the bottom in the languages of eligible groups reading "This form is
available in (language) upon request."
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part VII. ADMINISTRATION & EVALUATION - Limited English Proficient (LEP) Policy page 56
For LEP language groups that constitute less than of program applicants, participants or residents,
PHA will not translate written materials, but shall take reasonable steps to provide oral interpretation
of the written materials upon request.
As with oral interpreters, PHA will take reasonable steps to ensure competency of translators of
written documents. Where legal or other vital documents are involved, PHA shall make a reasonable
effort to use certified translators.
Telephone Services
When calls are received by an LEP applicant, participant or resident, PHA staff will make every effort
to determine the language being spoken by the caller. Calls will be forwarded to PHA or City staffs
who speaks the same language as the caller for assistance. If PHA or City staff is not available at the
time of the call, the caller will be requested to call back when an interpreter can be available. An
interpreter will be secured within a reasonable time frame.
On-Site Visitation
When an LEP applicant, participant or resident comes to the PHA office, PHA staff will make every
effort to determine the language being spoken by the caller by using the "I Speak" cards. If PHA or
City staffs who speak the language are available to assist the applicant, participant or resident, they
will do so, either in person or via telephone. If PHA or City staff is not available at the time of the visit,
the person will be requested to come back when an interpreter can be available. An interpreter will be
secured within a reasonable time frame.
Written Communications
Correspondence received in languages other than English will be translated by PHA or City staff who
speak the language, where available, or by PHA's contracted translation agency. Responses will be
translated into the same language as the letter that was received.
Training Staff
PHA will ensure that staff knows the obligation to provide meaningful access to information and
services to LEP persons. PHA will provide training to ensure that:
Staff is competent on LEP policies and procedures; and
Staff having contact with the public is trained to work effectively with interpreters.
The training will be included as a part of departmental orientation for new employees.
Staff will be provided with listing of forms available in languages other than English and with a list of
bilingual City staff.
Providing Notice to LEP Persons
PHA shall provide a notice to LEP persons of the availability of free language assistance that ensures
meaningful access to PHA's programs and services. Examples of notification may include:
Posting signs in common areas, offices, and anywhere applications are taken. The signs shall
be translated into the most common languages encountered;
Stating in outreach documents that language services are available. These statements shall
be translated into the most common languages encountered;
Working with grassroots and faith-based community organizations and other stakeholders to
inform LEP persons of PHA's services, including the availability of language assistance
services;
Monitoring and Updating LEP Plan
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part VII. ADMINISTRATION & EVALUATION - Reduction of Families Due to Reduced Funding page 57
PHA will monitor the implementation of the LEP plan on an ongoing basis to determine whether new
documents, programs, services, and activities need to be made accessible for LEP persons. In
addition, PHA will review its LEP plan annually to evaluate the following information:
Proportion of LEP persons in the eligible service population;
Frequency of encounters with LEP language groups;
Nature and importance of activities to LEP persons;
Availability of resources;
Whether existing language assistance meets the needs of LEP persons;
Whether staff knows and understands LEP plan and its implementation.
10. Reduction of Families Due to Reduced Funding
In the event of a reduction of federal funding, the PHA will utilize a family reduction plan as follows:
A. Terminate HAP contracts for families that are receiving the least rental assistance not to
exceed 5% of total families assisted, if reduction is not adequate;
B. Terminate HAP contracts for families based upon the most recent executed rental agreements
to the extent that remedies reduction forecast.
C. All terminated families due to reduced funding will be offered preference placement on waiting
list to be re-assisted when adequate funding exist.
* * * * *
2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher Program Effective 5/1/2022
Part VIII. MANAGEMENT ASSESSMENT OBJECTIVES - Reduction of Families Due to Reduced Funding page 58
Part VIII. MANAGEMENT ASSESSMENT OBJECTIVES
The Paducah Section 8 Housing office policies and practices are consistent with the areas of
measurement for the following HUD SEMAP indicators.
Selection from the Waiting List
Reasonable Rent
Determination of Adjusted Income
Utility Allowance Schedule
HQS Quality Control Inspections
HQS Enforcement
Expanding Housing Opportunities
FMR/exception rent & Payment Standards
Annual Re-examinations
Correct Tenant Rent Calculations
Pre-Contract HQS Inspections
Annual HQS Inspections
Lease-up
Family Self-Sufficiency Enrollment and Escrow Account Balances
A qualified person will perform supervisory quality control reviews on the following SEMAP indicators:
Selection from the waiting list
Rent reasonableness
Determination of adjusted income
HQS Enforcement
HQS Quality Control
Annual Re-examinations
Correct Tenant Rent Calculations
Pre-Contract HQS Inspections
The annual sample of files and records will be drawn in an unbiased manner that is documented.
The minimum sample size to be reviewed for each SEMAP indicator is provided in 24 CFR Part 985,
and will relate directly to each factor.
******
Effective 5/1/2022 2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher
Program APPENDIX: 202 Fair Market Rates and Income Limits - page 59
APPENDIX: 2020 Fair Market Rates and Income Limits
Effective 5/1/2022 2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher
Program APPENDIX: 202 Utility Allowances - Single-family / Manufactured
Home
page 60
APPENDIX: 202 Utility Allowances
1.Single-family / Manufactured Home
Effective 5/1/2022 2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher
Program APPENDIX: 202 Utility Allowances - Walk-up / Multi-family page 61
2.Walk-up / Multi-family
Effective 5/1/2022 2022 Administrative Plan for Paducah Section 8 Housing Choice Voucher
Program APPENDIX: 202 Utility Allowances - Duplex / Townhouse page 62
3.Duplex / Townhouse
________________________________________________________________________________________________________________________
Previous version is obsolete Page 1 of 1 form HUD-50077-CR (2/2013)
Civil Rights Certification
(Qualified PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB Approval No. 2577-0226
Expires 02/29/2016
Civil Rights Certification
Annual Certification and Board Resolution
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other
authorized PHA official, I approve the submission of the 5-Year PHA Plan for the PHA of which this document is a part, and make the
following certification and agreements with the Department of Housing and Urban Development (HUD) in connection with the
submission of the public housing program of the agency and implementation thereof:
The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of
the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of
the Americans with Disabilities Act of 1990, and will affirmatively further fair housing by examining their
programs or proposed programs, identifying any impediments to fair housing choice within those program,
addressing those impediments in a reasonable fashion in view of the resources available and working with local
jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require
the PHA’s involvement and by maintaining records reflecting these analyses and actions.
___________________________________________________________________________________
PHA Name PHA Number/HA Code
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.Warning:HUD will
prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
Name of Authorized Official Title
Signature Date
Previousversionisobsolete Page1of2 form HUD-50077 (4/2008)
PHACertificationsofCompliance
with PHA Plans and Related
R e g u l a t i o n s
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMBNo.2577-0226
Expires 08/30/2011
PHACertificationsofCompliancewiththePHAPlansandRelatedRegulations:
Board Resolution to Accompany the PHA5-Year and Annual PHA Plan
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other
authorized PHA official if there is no Board of Commissioners, I approve the submission of the___ 5-Year and/or___ Annual PHA
PlanforthePHAfiscalyearbeginning,hereinafterreferred toas”thePlan”,ofwhichthisdocumentisapartand
makethefollowingcertificationsandagreementswiththe DepartmentofHousingandUrban Development(HUD)inconnection with
thesubmissionofthe Planandimplementationthereof:
1.The Planisconsistent withthe applicable comprehensive housingaffordabilitystrategy(orany planincorporatingsuch
strategy) for the jurisdiction in which the PHA is located.
2.The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable
Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impedimentsto Fair Housing
Choice, forthe PHA'sjurisdiction and a description of the manner in which the PHA Plan is consistent withthe applicable
Consolidated Plan.
3.The PHA certifiesthat there has been no change, significant or otherwise,to the Capital Fund Program (and Capital Fund
Program/Replacement Housing Factor) Annual Statement(s), since submission of its last approved Annual Plan. The Capital
Fund Program Annual Statement/Annual Statement/Performance and Evaluation Report must be submitted annually even if
there is no change.
4.The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by
the PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations of the Board or
Boards (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the
Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations.
5.The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45
days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and
invited public comment.
6.The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing
Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990.
7.The PHA will affirmatively further fair housing by examining their programs or proposed programs, identify any
impedimentstofair housingchoice withinthose programs,addressthose impedimentsina reasonable fashionin view ofthe
resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further
fair housing that require the PHA's involvement and maintain records reflecting these analyses and actions.
8.For PHA Plan that includes a policy for site based waiting lists:
The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate, complete and timely manner
(as specified in PIH Notice 2006-24);
The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in
which to reside, including basic information about available sites; and an estimate of the period of time the applicant
would likely have to wait to be admitted to units of different sizes and types at each site;
Adoption of site-based waiting list would not violate any court order orsettlement agreement or be inconsistent with a
pending complaint brought by HUD;
The PHA shall take reasonable measuresto assure that such waiting list is consistent with affirmatively furthering fair
housing;
The PHA provides forreview ofitssite-based waitinglist policyto determine ifitisconsistent withcivil rightslawsand
certifications, as specified in 24 CFR part 903.7(c)(1).
9.The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act
of 1975.
10.The PHAwillcomplywiththe Architectural BarriersActof1968and24CFR Part 41,PoliciesandProceduresforthe
Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped.
11.ThePHAwillcomplywiththerequirementsofsection3oftheHousingandUrbanDevelopmentActof1968,Employment
Opportunities for Low-or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135.
12.The PHAwillcomplywithacquisitionandrelocationrequirementsoftheUniformRelocationAssistanceandReal Property
Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable.
Previousversionisobsolete Page2of2 form HUD-50077 (4/2008)
13. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24
CFR 5.105(a).
14. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry
out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58
or Part 50, respectively.
15. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under
Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act.
16. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with
program requirements.
17. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act ,the Residential Lead-Based Paint Hazard
Reduction Act of 1992, and 24 CFR Part 35.
18. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State,
Local and Indian Tribal Governments), 2 CFR Part 225, and 24 CFR Part 85 (Administrative Requirements for Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments).
19. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize
covered grant funds only for activities that are approvable under the regulations and included in its Plan.
20. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is
available for public inspection. All required supporting documents have been made available for public inspection along with
the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified
by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA.
21. The PHA provides assurance as part of this certification that:
(i) The Resident Advisory Boardhadan opportunitytoreviewandcomment onthe changesto the policiesand programs
before implementation by the PHA;
(ii) The changes were duly approved by the PHA Board of Directors (or similar governing body); and
(iii) The revised policies and programs are available for review and inspection,at the principal office of the PHA during
normal business hours.
22. The PHA certifies that it is in compliance with all applicable Federal statutory and regulatory requirements.
PHA Name PHA Number/HA Code
5-Year PHA Planfor FiscalYears 20 - 20
Iherebycertifythatalltheinformationstatedherein,aswellasanyinformationprovidedintheaccompanimentherewith,istrueandaccurate.Warning:HUDwill
prosecutefalseclaimsandstatements. Convictionmayresultincriminaland/orcivilpenalties.(18U.S.C.1001,1010,1012;31U.S.C.3729,3802)
NameofAuthorizedOfficial Title
Signature Date
Annual PHA Plan for Fiscal Years 20
Streamlined Annual
PHA Plan
(HCV Only PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 02/29/2016
Page 1 of 4 form HUD-50075-HCV (12/2014)
Purpose.The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning
the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and
objectives for serving the needs of low- income, very low- income, and extremely low- income families
Applicability.Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA,
Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual
PHA Plan forms are available for each of these types of PHAs.
Definitions.
(1)High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a
high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP)
assessments if administering both programs, or PHAS if only administering public housing.
(2)Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, that owns or manages less than 250 public
housing units and any number of vouchers where the total combined units exceeds 550.
(3)Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP
assessment, and does not own or manage public housing.
(4)Standard PHA -A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and
that was designated as a standard performer in the most recent PHAS and SEMAP assessments.
(5)Troubled PHA -A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent.
(6)Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled.
A.PHA Information.
A.1 PHA Name: _____________________________________________________________________PHA Code: _______________
PHA Plan for Fiscal Year Beginning: (MM/YYYY): ______________
PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above)
Number of Housing Choice Vouchers (HCVs)_________________
PHA Plan Submission Type:Annual Submission Revised Annual Submission
Availability of Information.In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.
A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing
and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may
reasonably obtain additional information of the PHA policies contained in the standard Annual Plan, but excluded from their streamlined
submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly
encouraged to post complete PHA Plans on their official website.
PHA Consortia: (Check box if submitting a joint Plan and complete table below)
Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the
Consortia No. of Units in Each Program
Lead HA:
Page 2 of 4 form HUD-50075-HCV (12/2014)
B.Annual Plan.
B.1 Revision of PHA Plan Elements.
(a)Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission?
Y N
Housing Needs and Strategy for Addressing Housing Needs.
Deconcentration and Other Policies that Govern Eligibility,Selection,and Admissions.
Financial Resources.
Rent Determination.
Operation and Management.
Informal Review and Hearing Procedures.
Homeownership Programs.
Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.
Substantial Deviation.
Significant Amendment/Modification.
(b)If the PHA answered yes for any element,describe the revisions for each element(s):
B.2 New Activities
(a)Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year?
Y N Project Based Vouchers.
(b)If this activity is planned for the current Fiscal Year,describe the activities.Provide the projected number of project-based units and general
locations,and describe how project-basing would be consistent with the PHA Plan.
B.3 Most Recent Fiscal Year Audit.
(a)Were there any findings in the most recent FY Audit?
Y N N/A
(b)If yes,please describe:
B.4 Civil Rights Certification
Form HUD-50077 PHA Certifications of Compliance with the PHA Plans and Related Regulations,must be submitted by the PHA as an electronic
attachment to the PHA Plan.
B.5 Certification by State or Local Officials.
Form HUD 50077-SL Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan,must be submitted by the
PHA as an electronic attachment to the PHA Plan.
B.6 Progress Report.
Provide a description of the PHA’s progress in meeting its Mission and Goals described in its 5-Year PHA Plan.
B.7 Resident Advisory Board (RAB) Comments.
(a)Did the RAB(s)provide comments to the PHA Plan?
Y N
(a)If yes,comments must be submitted by the PHA as an attachment to the PHA Plan.PHAs must also include a narrative describing their
analysis of the RAB recommendations and the decisions made on these recommendations.
Page 3 of 4 form HUD-50075-HCV (12/2014)
Instructions for Preparation of Form HUD-50075-HCV
Annual PHA Plan for HCV Only PHAs
___________________________________________________________________________
A. PHA Information.All PHAs must complete this section.(24 CFR §903.23(4)(e))
A.1 Include the full PHA Name,PHA Code,PHA Type,PHA Fiscal Year Beginning (MM/YYYY),Number of Housing Choice Vouchers (HCVs),
PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed
PHA Plan.
PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a))
B. Annual Plan.All PHAs must complete this section. (24 CFR §903.11(c)(3))
B.1 Revision of PHA Plan Elements.PHAs must:
Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes”
box. If an element has not been revised, mark “no."
Housing Needs and Strategy for Addressing Housing Needs.Provide a statement addressing the housing needs of low-income, very low-income
families who reside in the PHA’s jurisdiction and other families who are on the Section 8 tenant-based waiting list. The statement must identify the
housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income), (ii) elderly families and families with
disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the
applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs must address issues
of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(1)and 24 CFR §903.7(a)(2)(i)).Provide a description of
the PHA’s strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year.24 CFR §903.7(a)(2)(ii)
Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.A statement of the PHA’s policies that govern resident
or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b))
Financial Resources.A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA
HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based
assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the
resources. (24 CFR §903.7(c))
Rent Determination.A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance,
discretionary minimum tenant rents , and payment standard policies.(24 CFR §903.7(d))
Operation and Management.A statement that includes a description of PHA management organization, and a listing of the programs administered
by the PHA. (24 CFR §903.7(e)(3)(4)).
Informal Review and Hearing Procedures.A description of the informal hearing and review procedures that the PHA makes available to its
applicants. (24 CFR §903.7(f))
Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the
agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k))
Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.A description of any PHA
programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the
PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided
or offered as a result of the PHA’s partnerships with other entities, and activities under section 3 of the Housing and Community Development Act of
1968 and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the
FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of
section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)).
Substantial Deviation.PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i))
Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and
Annual Plan. Should the PHA fail to define ‘significant amendment/modification’, HUD will consider the following to be ‘significant amendments or
modifications’: a) changes to rent or admissions policies or organization of the waiting list; or b) any change with regard to homeownership programs.
See guidance on HUD’s website at:Notice PIH 1999-51. (24 CFR §903.7(r)(2)(ii))
If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.
B.2 New Activity.If the PHA intends to undertake new activity using Housing Choice Vouchers (HCVs) for new Project-Based Vouchers (PBVs) in the
current Fiscal Year, mark “yes” for this element, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake
this activity, mark “no.” (24 CFR §983.57(b)(1) and Section 8(13)(C) of the United States Housing Act of 1937.
Project-Based Vouchers (PBV).Describe any plans to use HCVs for new project-based vouchers. If using PBVs, provide the projected number of
project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan.
Page 4 of 4 form HUD-50075-HCV (12/2014)
B.3 Most Recent Fiscal Year Audit.If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those
findings in the space provided. (24 CFR §903.11(c)(3),24 CFR §903.7(p))
B.4 Civil Rights Certification.Form HUD-50077,PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the
PHA as an electronic attachment to the PHA Plan.This includes all certifications relating to Civil Rights and related regulations. A PHA will be
considered in compliance with the AFFH Certification if: it can document that it examines its programs and proposed programs to identify any
impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works
with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is
consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o))
B.5 Certification by State or Local Officials.Form HUD-50077-SL,Certification by State or Local Officials of PHA Plans Consistency with the
Consolidated Plan,including the manner in which the applicable plan contents are consistent with the Consolidated Plans, must be submitted by the PHA
as an electronic attachment to the PHA Plan. (24 CFR §903.15)
B.6 Progress Report.For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in
meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3),24 CFR §903.7(r)(1))
B.7 Resident Advisory Board (RAB) comments.If the RAB provided comments to the annual plan, mark “yes,” submit the comments as an attachment to
the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c),24 CFR §903.19)
This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937,
as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and
requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of
low- income, very low- income, and extremely low- income families.
Public reporting burden for this information collection is estimated to average 4.5 hour per response, including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents
are not required to complete this form, unless it displays a currently valid OMB Control Number.
Privacy Act Notice.The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12,
U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to
obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality
Agenda Action Form
Paducah City Commission
Meeting Date: April 12, 2022
Short Title: 2022 Kentucky League of Cities (KLC) Insurance Services Workers' Safety Grant Application
and Acceptance in the amount of $3,000 - S SUAZO
Category: Municipal Order
Staff Work By: Hope Reasons
Presentation By: Stefanie Suazo
Background Information: The KLCIS Safety Grant Program was developed in 1999 as a way for members
to enhance their safety budgets through this opportunity. This grant has a 50/50 matching requirement. The
safety grant program will reimburse a city up to $3,000 for prior-approved items/equipment that will reduce
Workers’ Compensation exposures.
The Human Resources Department is requesting approval for the application and acceptance of a $3,000
reimbursement grant for telematics and camera equipment installed on refuse trucks. We installed the software
and cameras to streamline the way we run our routes, improve clarity and confusion when incidents occur,
enforce fleet safety by monitoring speed and emergency warning systems, and overall improve the way our
Solid Waste division operates. The 50/50 matching requirement will be fulfilled by prior purchases related to
reducing worker's compensation exposures.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: Authorize and direct the Mayor to execute all required grant application and
acceptance documents.
Attachments:
1.MO app & award - klc safety grant 2022
MUNICIPAL ORDER NO.________
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN
APPLICATION FOR A 2022 MATCHING INSURANCE SERVICES SAFETY GRANT IN
THE AMOUNT OF $3,000 THROUGH THE KENTUCKY LEAGUE OF CITIES FOR
REIMBURSEMENT FOR TELEMATICS AND CAMERA EQUIPMENT INSTALLED ON
REFUSE TRUCKS, ACCEPTING ANY GRANT FUNDS AWARDED BY KLCIS, AND
AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute an application to obtain
a 2022 Matching Insurance Services Safety Grant in the amount of $3,000 from the Kentucky
League of Cities. The grant will be used for telematics and camera equipment installed on refuse
trucks.
SECTION 2. That the City of Paducah hereby authorizes the acceptance of any
and all grant funds awarded by the Kentucky League of Cities Insurance Services Safety Grant
and authorizes the Mayor to execute the Grant Agreement and all related documents.
SECTION 3. The 50/50 matching requirement will be fulfilled by prior purchases
of cameras and software for Solid Waste trucks.
SECTION 4. This order will be in full force and effect from and after the date of
its adoption.
______________________________
George Bray, Mayor
ATTEST:
________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, April 12, 2022
Recorded by Lindsay Parish, City Clerk, April 12, 2022
\mo\grants\app & award - klc safety grant 2022
Agenda Action Form
Paducah City Commission
Meeting Date: April 12, 2022
Short Title: Annual 911 Radio service agreement with Mobile Communications America in an amount of
$32,626.28 - B LAIRD
Category: Municipal Order
Staff Work By: Anthony Copeland
Presentation By: Brian Laird
Background Information: This is a recurring annual agreement with Mobile Communications America
(MCA) previously known as Jackson Purchase 2-Way Radio Service. It is for 24/7 service to our 800 MHz
Smartnet radio system and Motorola Gold Elite dispatch console system. The total amount of the agreement is
$32,626.28, to be paid in quarterly installments of $8,156.57.
The current agreement expires June 30, 2022.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: 911 Communications Services Fund
Account Number: 2000-40-4001-522060
Staff Recommendation: Approve the service agreement.
Attachments:
1.MO contract-Mobile Communications America 4-2022
2.Paducah 911 FY 2022-2023 Contract
MUNICIPAL ORDER NO. ________
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
SERVICE AGREEMENT IN THE AMOUNT OF $32,626.28 WITH MOBILE
COMMUNICATIONS OF AMERICA (MCA) PREVIOUSLY KNOWN AS JACKSON
PURCHASE 2-WAY RADIO, INC.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is hereby authorized to execute a service
agreement with Mobile Communications of America (MCA), previously known as Jackson
Purchase 2-Way Radio, Inc., for 24/7 service to the 800 MHz Smartnet radio system and the
Motorola Gold Elite dispatch console system in the amount of $32,626.28, to be paid in
quarterly installments of $8,156.57. Said contract shall expire July 1 , 2023.
SECTION 2. This expenditure shall be paid from the 911 Communication
Services Fund Account No. 2000 4001 522060.
SECTION 3. This Order will be in full force and effect from and after the
date of its adoption.
______________________________
George P. Bray, Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, April 12, 2022
Recorded by Lindsay Parish City Clerk, April 12, 2022
MO\contract-Mobile Communications America 4-2022
7/1/2022 between Mobile Communications America with principal offices at
$2,718.86 per month, $32,626.2 annually (State/Local taxes NOT included ).The customer will pay on a Quarterly basis.
7/1/2023
By:By:
Title:Title:
Date: Date:
COMMUNICATIONS EQUIPMENT MAINTENANCE SERVICE AGREEMENT
By signing this Agreement, Customer agrees to accept maintenance service for the listed equipment according to all specified terms and conditions of the Agreement. Customer also agrees
to provide full, free and safe access to the equipment and/or systems covered by this Agreement. The amounts noted above are due and payable within thirty (30) days of the Effective
Date. This Agreement is valid only if signed by an authorized representative or officer of Mobile Communications America.
Paducah 911
This Agreement is an offer to purchase service by the customer and applies to maintenance service, parts and labor for the equipment and/or systems as described in Attachment A. Mobile
Communications America agrees to maintain the equipment under the terms and conditions described in this Agreement. Beginning on the effective date of this Agreement, Mobile
Communications America agrees to provide maintenance service to keep covered equipment in good working order.
Once the agreement is accepted, services may be added or adjusted but may not be reduced below the initial payment terms agreement upon when executed.
Payment Terms:
In consideration of the maintenance service provided, the customer agrees to pay to Mobile Communications America
Paducah
This Agreement is entered into on
(hereafter “Mobile Communications America”) and; (the "Customer")
. This agreement will auto renew upon the expiration date. This service agreement will expire on:
510 Clark St, Paducah, KY 42003
The additional terms and conditions attached to this Agreement are part of this Agreement. This Agreement is the complete understanding between Mobile Communications America and
Customer superseding all prior proposals or agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. Customer agrees
that no other representations have been made relative to this Agreement, except that which is expressed in writing herein. The Customer acknowledges that the Customer has read this
entire Agreement, understands it, and agrees to be bound by its terms and conditions.
Mobile Communications AmericaCustomer
EXCLUDED SERVICES: The following services are not included under the terms of this Agreement. The repair of Equipment, replacement of parts, or any additional service labor due to accident, abuse, disaster, neglect, misuse, physical
damage, liquid damage, damage by lightning or other Acts of God, service by personnel other than those authorized by MCA, alterations, modifications, attachments, accessories (other than those specifically designed for use with the
particular piece of Equipment), use of Equipment with unauthorized batteries and/or power supplies or reprogramming by other than MCA personnel. Travel charges and expenses incurred by MCA at the request of the Customer to resolve a
malfunction of equipment or systems not covered under this Agreement shall be billable to the Customer at current MCA rates. If MCA finds that any Equipment has been altered or repaired by others, such Equipment shall not be covered by
this Agreement and any services shall be billable to the Customer at current MCA rates.
NORMAL WORKING HOURS: Normal working hours shall be from 8:00 AM to 5:00 PM, Monday through Friday, except holidays.
PRICE CHANGES: Unless otherwise indicated, prices quoted in this Agreement shall remain in effect for the duration indicated in this Agreement or if none is specified, for a period of [one year]. Thereafter, at the sole discretion of MCA,
prices for service under this Agreement may be increased by MCA upon thirty days written notice to Customer. Such changes will become effective on the first day of the first full month following the date specified in the notice.
LIMITATIONS: MCA reserves the right to inspect any equipment or service prior to its inclusion under the terms of this Agreement. MCA may at its sole discretion require that said equipment or system be restored to proper operating
specifications at Customer's expense prior to its being covered under this Agreement. MCA may at its sole discretion declare Equipment to be unserviceable. In such case, MCA’s sole responsibility is to remove such Equipment from the
billing under this Agreement.
PREVENTIVE MAINTENANCE: MCA will inspect the Equipment and make such repairs, adjustments, and replacements of parts and components as may be necessary to maintain the Equipment in normal operating condition provided that
such services and maintenance are necessitated by normal usage of the Equipment. Inspections and preventive maintenance service will be provided by MCA during normal working hours at the locations specified. All preventive
maintenance inspections will be scheduled for mutual convenience and may be performed during remedial service.
LIABILITY INSURANCE: MCA agrees to carry reasonable liability insurance and applicable worker's compensation insurance.
TAXES: Applicable taxes will be billed to the Customer and the Customer hereby agrees to pay said taxes, unless the Customer has provided a current tax exemption certificate.
GENERAL PROVISIONS: MCA agrees to provide services for the Customer for the Equipment. Services provided hereunder do not assure uninterrupted operation of the Equipment or service and MCA is not responsible for failure to render
covered service due to causes beyond its control.
REPLACEMENT PARTS: MCA will replace parts and components of the Equipment on an exchange basis when failure is due to the normal and proper use of the Equipment. Parts replaced during maintenance service become the property
of MCA.
Terms And Conditions
TERM AND ACCEPTANCE: THIS AGREEMENT SHALL BECOME BINDING UPON THE PARTIES WHEN ACKNOWLEDGED IN WRITING BY THE AUTHORIZED REPRESENTATIVE OF THE CUSTOMER AND MCA. It is agreed that
service shall be provided only upon the terms included in this Agreement. MCA shall not be bound by terms within the Customer's purchase order or in any other document provided by Customer and provision of services to Customer does
not constitute acceptance of any of Customer's terms and conditions and does not serve to modify or amend this Agreement.
ENHANCED SERVICE OPTION: If Customer has elected to purchase the Enhanced Service Option, emergency service is included at no additional charge per occurrence, provided that all other terms of this Agreement are satisfied.
Emergency service is provided 24 hours per day, seven days per week. Customers not electing the Enhanced Service Option shall pay an additional charge for emergency service rendered at current MCA rates for each occurrence.
SERVICE: MCA will perform such repairs as may be required to restore Equipment to their normal operating level, provided that such repairs are necessitated by the failure of the Equipment due to normal usage. Non-fixed Equipment shall
be serviced at an MCA shop during normal working hours. Travel charges and expenses incurred by MCA at the request of the Customer to resolve a malfunction of the Equipment that is not covered under this Agreement shall be billable to
the Customer at current MCA rates. For emergency service or other service performed at Customer's request outside of normal working hours, for equipment not covered under this Agreement or for Equipment whose failure was due to
causes not considered to be "normal usage," Customer will be billed for the service at the then current MCA rates for each occurrence.
COUNTERPARTS: The Agreement may be executed in counterparts, which together constitute one and the same agreement. A facsimile copy or computer image, such as a PDF or tiff image, of a signature shall be treated as and shall
have the same effect as an original signature. In addition, a true and correct facsimile copy or computer image of the Agreement shall be treated as and shall have the same effect as an original signed copy of this document.
MISCELLANEOUS: This Agreement: (i) constitutes the entire agreement between MCA and Customer relating to the maintenance of the Equipment, and supersedes all prior agreements relating thereto, whether written or oral, and (ii) may
not be amended or modified except in a writing signed by the parties hereto. If any provision of the Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of the Agreement. All notices given by one party to the other under this Agreement must be delivered by: (a) hand delivery, (b) certified mail, return
receipt requested, (c) nationally recognized overnight courier service, or (d) facsimile, to the other party’s respective address given in the preamble to the Agreement.
ATTORNEYS’ FEES: Should any dispute arise between the parties regarding the interpretation, application, effect or enforcement of the Agreement, the prevailing party in any legal or arbitration proceedings commenced to resolve the
dispute shall be entitled to costs and reasonable attorney's fees incurred in said legal proceeding.
COVENANT NOT TO SOLICIT: During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of
any employee of MCA or its subcontractors without the prior written authorization of MCA. This provision applies only to those employees of MCA or its subcontractors who are responsible for rendering services under this Agreement. If this
provision is found to be overly broad under applicable law, it shall be modified as necessary to conform to such law.
GOVERNING LAW AND VENUE: This Agreement and the parties’ performance hereunder shall be governed by South Carolina law, excluding choice-of-law rules. Furthermore, to the extent permitted under South Carolina law, the parties
waive the benefit all substantive, non-procedural, foreign and international laws, which might otherwise grant the parties rights which are different than those contemplated under this Agreement. The parties agree that a party shall
commence any action with respect to any dispute regarding the performance or breach of this Agreement exclusively in the State of South Carolina Courts in Spartanburg County, South Carolina or the United States District Court for the
District of South Carolina, and the parties, by entering into this Agreement, submit to the exclusive venue and personal jurisdiction of such courts, and waive all objections to jurisdiction and venue of such courts, including forum non-
convenes.
NO CHANGES: Except as previously described, no changes, alteration or modification of this Agreement may be made without the express written consent of both parties. This Agreement may not be assigned or transferred without the
express written consent of MCA.
TERMINATION: This Agreement shall terminate upon the expiration date set forth in this Agreement. With the exception of the Customer's liability for any and all payments outstanding under this Agreement, neither the Customer nor MCA
shall retain any liability for any performance under this Agreement on any date following the expiration of this Agreement. If agreement is terminated early by Customer, Customer will be responible to pay a penalty equal to 2 (two) months of
the agreement.
WARRANTY: MCA warrants that it will perform the services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for
similar services and shall devote adequate resources to meet its obligations under this Agreement. EXCEPT FOR THE WARRANTY SET FORTH IN THIS PARAGRAPH, MCA MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO
THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
LIMITATION OF LIABILITY: MCA SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, DAMAGE OR LOSS OF OTHER PROPERTY OR EQUIPMENT OR SYSTEMS OR
FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS
OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT MCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER
REMEDY OF ITS ESSENTIAL PURPOSE. THE LIABILITY OF MCA WITH RESPECT TO ANY OF ITS OBLIGATIONS HEREUNDER, INCLUDING SERVICE, SALE, DELIVERY, RESALE, INSTALLATION OR THE TECHNICAL DIRECTION
OF INSTALLATION, REPAIR OR USE OF ANY ITEM COVERED BY OR FURNISHED HEREUNDER, WHETHER SUCH LIABILITIES ARE FOUNDED IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT
EXCEED THE PRICE PAID TO MCA WITH RESPECT TO THE SERVICE GIVING RISE TO THE CLAIM. NO ACTION SHALL BE BROUGHT FOR ANY BREACH OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL
OF SUCH CAUSE OF ACTION EXCEPT FOR MONEY DUE UPON OPEN ACCOUNT.
Qty
Services
Subscriber Repair
Infrastructure Repair
12 Console Repair
5
Customer Locations Special Instructions
Paducah 911 Labor Only Contract - Parts are not included.
See Addendum for further clarification.
Programming, Annual PM With Firmware Updates
MCA Services - Warranty
Equipment and Coverage Details - Attachment A
Infrastructure Total:
M-F 8X5 Response
MCA Premier 24 X 7 X 365
Coverage
Console Total:
MCA Premier 24 X 7 X 365
Statements of Work - Attachment B
MCA Essential Service (Warranty) - Subscribers
MCA Premier Service (Warranty) - Subscribers
Subscriber support includes depot repair handling. It is the customer’s responsibility to get the subscriber to their local MCA facility and ensure MCA has the current
programming files on hand. It is MCA’s responsibility to:
• Triage the device
• Ship to the depot if repair cannot be addressed locally
• Track repair status
• Receive the device back from the depot
• Confirm that the radio has been repaired and is programmed to the customer’s specifications
• Communicate to the customer the status of their repair as it changes
Subscriber support also includes one annual preventative maintenance check of the device. It is the customer’s responsibility to ensure the devices are made available
for this check. It is MCA’s responsibility to complete the preventative maintenance check and communicate results of this service with the customer. One annual
firmware update of the device will be completed at the time of the preventative maintenance check. Feature enablement is excluded from this service.
Batteries, antennas, and belt clip replacement is covered under this service. Speaker Mics are only covered if purchased as an additional option. Antennas and belt
clips will be replaced when they no longer function as the manufacturer intended. A battery will be replaced when it falls below a 80% charge capacity, provided
they have a date code within MCA’s contract terms and are charged by Impress chargers ONLY.
Subscriber support includes depot repair handling. It is the customer’s responsibility to get the subscriber to their local MCA facility and ensure MCA has the current
programming files on hand. It is MCA’s responsibility to:
• Triage the device
• Ship to the depot if repair cannot be addressed locally
• Track repair status
• Receive the device back from the depot
• Confirm that the radio has been repaired and is programmed to the customer’s specifications
• Communicate to the customer their device is fixed.
Subscriber support also includes one annual preventative maintenance check. It is the customer’s responsibility to ensure the devices are made available for this check
and update. It is MCA’s responsibility to complete the preventative maintenance check and communicate results of this service with the customer. One annual firmware
update of the device will be completed at the time of the preventative maintenance check. Feature enablement is excluded from this service.
Infrastructure support includes M-F 8X5 response to all issues arising from infrastructure, infrastructure cabling and antenna systems. Issues that result from power
failure, force majeure, or tampering are excluded from this service. Removal of infrastructure equipment for warranty repair is the responsibility of MCA. Repair of
cabling and antenna systems is not a part of this service. After hours support is available upon request but is not covered under this service. Additional charges would
apply at after hour rates.
One annual preventive maintenance check of all infrastructure, infrastructure cabling and antenna systems is also included. It is the customer’s responsibility to give
access to all infrastructure, cabling, and antenna systems for this check. It is MCA’s responsibility to schedule with the customer and communicate any and all system
impact. One annual firmware update of the infrastructure equipment will be completed at the time of the preventative maintenance check.
MCA Premier Service (Warranty) - Infrastructure Components
Infrastructure support includes 24X7X365 response to all system issues arising from infrastructure, infrastructure cabling and antenna systems. Issues that result from
power failure, force majeure, or tampering are excluded from this service. Repair of cabling and antenna systems is not a part of this service.
This service also includes depot repair handling of the infrastructure equipment. Should the equipment suffer a failure that cannot be addressed in the field, MCA will:
• Uninstall the infrastructure equipment
• Send to the Motorola Depot
• Track repair status
• Receive the equipment back from the Motorola Depot
• Confirm normal operation
• Re-install the equipment at the customer location.
• Communicate to the customer the status of their repair as it changes
One annual preventive maintenance check of all infrastructure, infrastructure cabling and antenna systems is also included. It is the customer’s responsibility to give
access to all infrastructure, cabling, and antenna systems for this check. It is MCA’s responsibility to schedule with the customer and communicate any and all system
impact. One annual firmware update of the infrastructure equipment will be completed at the time of the preventative maintenance check.
MCA Essential Service (Warranty) - Infrastructure Components
•MOTOROLA 1201 South Third Street Paducah, KY 42003 Phone: (270) 443-5604, (800) 264-5604 Fax: (270) 443-6402 E-mail: tennadmin@callmc.com
Service Agreement for Paducah 911
Site location: City of Paducah, 911 Dispatch & Operations Facility
Service provider: Mobile Communications America (MCA) of Paducah KY.
Agreement Summary:
The following is an explanation of agreed services to be rendered by Mobile Communcations America
for the City of Paducah 911's Motorola 800MHz Smartnet Radio System #3713 and the Motorola Gold
Elite dispatch console system.
Scope of Agreement:
This agreement is limited to requests made by authorized personnel, or monitored alarm notifications
of issues that impair the normal operations of radio system #3713 or the
Motorola Gold Elite dispatch consoles. Service calls from MCA will be available 24 hours a day/ 7 days
per week and response times will be determined by severity of issue. Restoration of service, and repairs
if needed, will be determined on a per case/ best effort scenario. Also, the extent of the issue and the
availability of replacement parts will be a major factor in restoring service in a timely manner. This
agreement also includes one (1) annual On-Site Maintenance check of active/ reserve System
#3713 equipment to be performed during regular business hours. This agreement does not cover
nonsystem #3713 equipment such as the building electrical system, HVAC, generator, building integrity,
and other non-radio or dispatch system items. Any tower related work shall be sub contracted through
MCA. Any work to include climbing, light repair/ replacement, antenna or cable repair/
maintenance will be billed separately using current contractor rates.
Agreement rates as of July 1st, 2022:
In lieu of an hourly rate charged per call based upon time of day/ day of week, this agreement serves
as documentation that the sum of $32,626.28 is to be paid to Mobile Communications America for
compensation of any and all labor and travel expenses for service and repairs, excluding parts, under
contract. This agreement shall be valid for 1 year from date of execution and can be automatically
renewed annually. The sum of $32,626.25 shall be paid in 4 quarterly installments of $8156.57 through
invoices received from MCA.
Important notice:
It is important to understand that Motorola Smartnet is a legacy system. This means that Motorola
factory support is no longer available. Repairs and/or replacement parts may be limited to availability
through Motorola and/or used equipment dealers. Many parts may become harder to, or even imposs ible to find, as time goes on.
Reserving System Components (Optional): Components of the Paducah 911 Smartnet 800 MHZ systems may, by direction of Paducah 911, be removed from active service. The system normally operates with two site controllers, one active and one In hot standby mode, and eight repeater stations that automatically switch in the event of an active contro ll er failure. By disconnecting this hot switch-over feature, this may help to reduce losses from AC power/generator surges or lightning damage. One MTC3600 controller, five Quantar stations, two data broadcasting boxes, and the BOOM HZ antenna system remain in service. The second MTC3600 controller, the three remaining Quantar stations, and the two remaining data broadcast boxes can be disconnected and powered down to provide either a non powered backup system, or, swappable parts to resolve active system issues.
800 MHz Antenna System: The BOOM HZ antenna system and tower are the life line of system operation. Other 2-way stations located on site, including the ICALL/ITAC stations, are connected to the antenna system and would be impacted in case of an antenna system problem. Best effort will be made to resolve any antenna related issues. Paducah 911 will be contacted in the event of antenna system problems that require an official directive, authorization for purchase(s), and labor costs to repair. A tower maintenance/erection company would need to be contracted to resolve tower, antenna systems, or other associated contractor required issues that relate to, or, are outside of the communications building.
Major System Extended Outage or Damage: Best effort will always be made to restore the Paducah 911 radio system to active service as soon as possible if issues arise. However, if for any reason that service cannot be restored to normal operation as the result of fire, theft, manmade or natural disaster, or any other reason, a backup plan should be in place. It is recommended that an immediate alternative plan of dispatch and unit to unit communications be in place in case of an outage whether short or long term.
Disclaimer: Mobile Communications America is neither responsible nor liable for any incidents, accidents, deaths, or injuries as a result of normal system operations, failures, and any problems encountered during communications, during attempts or disruptions of communications, or any alternate, emergency, or backup communication systems or plans.
Agenda Action Form
Paducah City Commission
Meeting Date: April 12, 2022
Short Title: Contract Between the City of Paducah, Kentucky and Kenny's Lawn Care & More for
Maintenance of City Surplus Lots - G CHERRY
Category: Municipal Order
Staff Work By: Greg Cherry
Presentation By: Greg Cherry
Background Information: This Municipal Order authorizes the City to enter into a contract with Kenny's
Lawn Care & More for mowing and lawn maintenance for City of Paducah controlled lots.
The bid opening was March 10th, 2022. Kenny's Lawn Care & More provided the lowest responsive bid out of
4 contractors. Kenny's Lawn Care & More will maintain approximately 120 lots at the following unit prices:
Lot Type Lot Description Unit Price Per Cut
A Lots Lots in high visibility areas Three
times per month *Not Used at this
time
N/A
B Lot Residential lots of typical size -
lawn care twice per month
$17.50
C Lots Larger and/or commercial lots -
lawn care twice per month
$70.00
The contractor will provide grounds maintenance (grass cutting, weedeating/edging, blowing off sidewalks,
limbs/trash removal, etc.) in every detail of the work and furnish all labor, materials, equipment, tools,
transportation, and supplies required to complete the work in accordance with the Contract documents. The
terms of this Contract shall end December 31, 2023.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: Tree/Weed/Debris Mgmt.
Account Number: 10001803523100
Staff Recommendation: To accept the bid of Kenny's Lawn Care & More and authorize the Mayor to
execute a Contract for the mowing and maintenance of City controlled lots.
Attachments:
1.MO contract-surplus lots maintenance-Kenny’s Lawn 4-2022
2.Contract
3.Bid List 2022
MUNICIPAL ORDER NO. ______
A MUNICIPAL ORDER ACCEPTING THE BID OF KENNY’S LAWN CARE
& MORE FOR MAINTENANCE OF APPROXIMATELY 120 SURPLUS LOTS IN THE
UNIT AMOUNTS OF $17.50 PER MOW FOR EACH “B LOT” AND $70 PER MOW FOR
EACH “C LOT” AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah accepts the bid of Kenny’s Lawn Service and
More for grounds maintenance of approximately 120 city owned properties in the unit amounts
of $17.50 per mow for each “B lot” and $70 per mow for each “C lot”, said bid being in
substantial compliance with the bid specifications, and as contained in the bid of Kenny’s Lawn
Service and More of March 10, 2022.
SECTION 2. The Mayor is hereby authorized to execute a contract with Kenny’s
Lawn Service and More, as authorized in Section 1 above, according to the specifications, bid
proposal and all contract documents heretofore approved and incorporated in the bid. Said
contract shall begin upon execution and shall terminate on December 31, 2023. The contract
may be renewed at the expiration of its term by agreement of both parties. Such renewal may be
for up to three (3) additional one (1) year periods.
SECTION 3. This purchase shall be charged to Tree/Weed/Debris Management,
Account No. 1000 1803 523100
SECTION 4. This Order shall be in full force and effect from and after the date
of its adoption.
_____________________________
George Bray, Mayor
ATTEST:
____________________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, April 12, 2022
Recorded by Lindsay Parish, City Clerk, April 12, 2022
MO\ contract-surplus lots maintenance-Kenny’s Lawn 4-2022
Agenda Action Form
Paducah City Commission
Meeting Date: April 12, 2022
Short Title: Authorize an Agreement with Central Paving Company of Paducah for Compost Grinding of
Tree Debris and Yard Waste - C YARBER
Category: Municipal Order
Staff Work By: Debbie Collins
Presentation By: Chris Yarber
Background Information: On February 17, 2022, sealed bids were opened and read aloud for the Compost
Grinding of Tree Debris and Yard Waste Contract. This contract requires the Contractor to periodically furnish
all equipment, operator, tools, transportation, supplies and items necessary on an as-needed basis to grind and
stack all accumulated tree debris and yard waste collected at the Compost Facility at a contract hourly rate.
Central Paving Company of Paducah, Inc., submitted the only evaluated and responsible bid at an hourly rate
of $625.00 per hour for this work. The contract time will be for the remaining portion of the 2022 calendar year
with three optional one-year term renewals if both parties agree.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: Rental Equipment - Solid Waste Compost
Account Number: 50002211 524010
Staff Recommendation: To adopt a Municipal Order authorizing the City of Paducah Public Works
Compost Facility to enter into a contract with Central Paving Company of Paducah, Inc., for Compost Grinding
of Tree Debris and Yard Waste at an hourly rate of $625.00 for the remaining portion of the 2022 calendar
year; and to authorize the Mayor, subsequent to the recommendation of the Public Works Director, the option
to execute three optional one-year term renewals upon the mutual agreement of both paries.
Attachments:
1.MO - compost grinding 2022
2.Proposed Agreement - Compost Grinding
3.Bid Tab
4.Compost Griding Bid - Central Paving
5.Evaluation Form
MUNICIPAL ORDER NO. _________
A MUNICIPAL ORDER ACCEPTING THE BID OF CENTRAL PAVING
COMPANY OF PADUCAH, INC., FOR COMPOST GRINDING OF TREE DEBRIS AND
YARD WASTE, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
FOR SAME
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah accepts the bid of Central Paving
Company of Paducah, Inc., for compost grinding of tree debris and yard waste in the amount
of $625 per hour for the remaining portion of the 2022 calendar year and with three optional
one-year term renewals. Said contract is in substantial compliance with bid specifications,
advertisement for bids, and bid of Central Paving Company of Paducah, Inc., dated
February 17, 2022.
SECTION 2. The Mayor is hereby authorized to execute a contract between
the City of Paducah and Central Paving Company of Paducah, Inc., for compost grinding of
tree debris and yard waste as set out in Section 1 above. Further, the Mayor is authorized,
subsequent to the recommendation of the Public Works Director, the option to execute three
optional one-year term renewals upon mutual agreement of both parties.
SECTION 3. This expenditure shall be charged to the Rental Equipment –
Solid Waste Compost, Account Number 50002211 524010.
SECTION 4. This Order shall be in full force and effect from and after the
date of its adoption.
______________________________
George Bray, Mayor
ATTEST:
____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, April 12, 2022
Recorded by Lindsay Parish, City Clerk April 12, 2022
\mo\compost grinding 2022
Agenda Action Form
Paducah City Commission
Meeting Date: April 12, 2022
Short Title: Approve an Agreement with Beautiful Paducah, LLC for the 2022 BBQ on the River Event - D
JORDAN
Category: Municipal Order
Staff Work By: Daron Jordan
Presentation By: Daron Jordan
Background Information: This Municipal Order approves an agreement with Beautiful Paducah, LLC (BP,
LLC) for the BBQ on the River Event. BBQ on the River is an annual festival and community charitable event
held in Paducah. The event is now organized and operated by BP, LLC after having acquired all assets and
liabilities from the previous organizing entity, BBQ on the River, Inc. It is a tourism event and a charity
fundraiser that is linked to the City of Paducah’s goal to make Paducah a great place to live and a fun city to
enjoy, but it is neither owned nor operated by the City of Paducah.
This event has become a significant fundraising event for numerous other non-profits, charities and worthy
causes, who depend upon the festival for their annual fundraising efforts. Numerous interests, stakeholders,
sponsors, businesses and citizens have demonstrated their support for Barbeque on, and off, the River by
volunteering countless hours of service and donating substantial financial resources.
The success of the event requires extensive coordination with the City of Paducah, as well as other public
agencies, and the City of Paducah desires to support BP, LLC through in-kind and financial contributions.
The agreement is for a term beginning May 1, 2022 and ending December 31, 2022. The agreement allocates a
one-time contribution of $25,000 to BP, LLC for the purpose of promotion and advertising for the 2022 BBQ
on the River event.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority:
Communications Plan:
Funds Available:Account Name: Board of Commissioners Other Contractual
Account Number: 10000102-523070
Staff Recommendation: Approval.
Attachments:
1.MO contract for services – Beautiful Paducah – BBQ on the River 2022
2.BBQ on River Agreement with Beautiful Paducah
MUNICIPAL ORDER NO. _______
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT WITH BEAUTIFUL PADUCAH, LLC IN THE AMOUNT OF $25,000 FOR
SPECIFIC PROMOTIONAL SERVICES FOR THE 2022 BBQ ON THE RIVER EVENT
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is hereby authorized to execute a contract with
Beautiful Paducah, LLC in the amount of $25,000 to be paid as a one-time allocation for the
purpose of promotion and advertising for the 2022 BBQ on the River event. This contract shall
expire December 31, 2022.
SECTION 2. This expenditure shall be charged to the Board of Commissioners
Other Contractual Account No. 10000102-523070.
SECTION 3. This Municipal Order shall be effective from and after the date of
its adoption.
______________________________
George P. Bray, Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, April 12, 2022
Recorded by Lindsay Parish, City Clerk, April 12, 2022
\mo\contract for services – Beautiful Paducah – BBQ on the River 2022
Page 1 of 3
AGREEMENT
This contractual Agreement is entered into on this _____ day of ________, 2022, by and between
the CITY OF PADUCAH, a municipal corporation (hereinafter referred to as “City”) and BEAUTIFUL
PADUCAH, LLC a Kentucky non-profit, tax-exempt corporation (hereinafter referred to as “BP, LLC).
RECITALS
WHEREAS, BBQ On the River is an annual festival and community charitable event held in
Paducah; and
WHEREAS, BBQ On the River is now owned, organized and operated by BP, LLC after having
acquired all assets and liabilities from the previous organizing entity, BBQ on the River, Inc; and
WHEREAS, BBQ On the River is a tourism event and a charity fundraiser that is linked to the
City of Paducah’s goal to make Paducah a great place to live and a fun city to enjoy, but it is neither
owned nor operated by the City of Paducah; and
WHEREAS, BBQ On the River has become a significant fundraising event for numerous other
non-profits, charities and worthy causes, who depend upon the festival for their annual fundraising
efforts; and
WHEREAS, numerous interests, stakeholders, sponsors, businesses and citizens have
demonstrated their support for BBQ On the River by volunteering countless hours of service and donating
substantial financial resources; and
WHEREAS, the success of the event requires extensive coordination with the City of Paducah,
as well as other public agencies; and
WHEREAS, the City of Paducah desires to support BBQ On the River and BP, LLC through in-
kind and financial contributions as described herein under the terms and conditions set forth in this
Agreement;
NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants as
herein set forth, the parties do covenant and agree as follows:
SECTION 1: TERM. The term of this Agreement shall be for the period commencing on
May 1, 2022 and ending on December 31, 2022.
SECTION 2: TERMINATION. Either party may terminate this Agreement ( and the
associated Permit attached as Exhibit A ) (a) at any time by notice from the city manager or (b) upon
failure of the other party to comply with any provision herein, provided any such party notifies the other
in writing of such failure and the breaching party fails to correct the breach within thirty (30) days’ notice.
SECTION 3: OBJECTIVE. BP, LLC. shall organize, operate and oversee the annual festival
and community charitable event known as BBQ On the River. This shall specifically include overseeing
the distribution of charitable funds to the numerous other non-profits, charities and worthy causes, who
depend upon the festival for their annual fundraising efforts. BP, LLC. shall also take all necessary steps
to apply for a permit for the festival, through the City of Paducah’s public assemblies ordinance permit
process, ninety (90) days in advance of the festival date for the purpose of using public resources,
personnel or public right-of-way. This Permit shall (1) be incorporated by reference as if set out in full in
the Agreement, (2) become an integral part of this Agreement, and (3) attached hereto annually as Exhibit
Page 2 of 3
A. City shall work with and coordinate with BP, LLC. in providing public resources, personnel, and
public right-of-way (to be determined and allocated in City’s sole discretion) needed for BBQ On the
River. (4) The City shall allocate a one-time contribution, within thirty days of a receipt of an invoice
from BP, LLC, of Twenty-five Thousand Dollars ($25,000) to BP, LLC for the sole, and expressed,
purpose of promotion and advertising of the 2022 BBQ On the River event.
SECTION 4: ACCOUNTING AND REPORTING. BP, LLC. shall account and report to the
City of Paducah as follows:
A. Prior to November 15 of each year, BP, LLC, Inc. shall make an in-person presentation to
the Paducah City Commission to report on the outcome of the 2022 festival, specifically
including the distribution of funds to the other non-profits, charities and worthy causes,
and to answer any questions from the commission.
B. BP, LLC shall conduct all accounting, payroll and financial management for BBQ On the
River and shall comply with all state and local laws, ordinances and regulations,
specifically including those relating to licensing and taxes. This shall include the
payment of all established fees for permits and/or utilities to appropriate agencies. This
shall also include payment (or ensuring payment is made by any parties contracting with
BP, LLC or operating during BBQ On the River) for the provision of additional off duty
officers or security for the areas during the festival.
C. Prior to January 31, 2023 BP, LLC shall send to the City of Paducah Finance Department
the following documentation:
a. A financial statement for the most recently ended calendar year (balance
sheet and income statement) signed and dated, that shall include the details of
how the funds allocated under this agreement were allocated and in
compliance with the purpose stated in Section 3. These statements shall also
include the following statement, “The undersigned does hereby certify and
attest under oath that the information and statements contained herein, and
any attachments thereto, are true and accurate.”
b. A copy of its most recently filed I.R.S. form 990;
c. Confirmation of its current, tax-exempt status granted by the I.R.S;
d. A list of all participating organizations, their donation amounts and the
recipients within sixty (60) days of the last day of the event.
D. BP, LLC shall require any participating organization to donate a minimum of 20% of
their net profits to their designated charity recipient and shall prohibit any participating
organization that fails to report, or to donate this minimum, from taking any part in any
future BBQ On the River event.
E. BP, LLC agrees to provide City with notice of any change in its non-profit or tax-exempt
status within then (10) days after any receipt of notification to BP, LLC of a change in
their non-profit or tax-exempt status.
SECTION 5: INSURANCE. BP, LLC agrees to obtain liability insurance covering the festival
and all of its activities in an amount not less than One Million Dollars ($1,000,000). The policy shall
specifically list the City of Paducah as both a certificate holder and as an additional insured for the
purpose of general liability coverage and/or any other coverages obtained by BP, LLC. Any additional
parties contracting with BP, LLC for supplemental events, or operations, during BBQ On the River are
likewise required to obtain liability insurance covering its activities in an amount not less than One
Million Dollars ($1,000,000), and also naming the City of Paducah as both a certificate holder and as an
additional insured for the purpose of general liability coverage and/or any other coverages as may be
Page 3 of 3
required by the City. Copies of all certificates of liability insurance shall be provided to City ninety (90)
days in advance of the festival date.
SECTION 6. INDEMNIFICATION. To the fullest extent permitted by law, BP, LLC shall
defend, indemnify and save City harmless from any and all claims for property damage or other damage,
injury or death arising out of, or in connection with, BBQ On the River or its related activities.
SECTION 7. WITHDRAWAL OF FUNDS. Notwithstanding any other provision in this
Agreement, in the event it is determined that any funds provided to BP, LLC. are used for some purpose
other than in furtherance of the objectives and purposes described herein, the City shall have the right to
immediately withdraw any and all further funding and in-kind services and shall immediately have the
right to terminate this Agreement without advance notice and shall have the right to all remedies provided
in the law to seek reimbursement for all monies not properly accounted.
SECTION 7. ENTIRE AGREEMENT. This Agreement embodies the entire agreement
between the parties and all prior negotiations and agreements are null and void. This agreement shall
completely, and fully, supersede all other prior agreements, both written and oral, between the parties.
Witness the signature of the parties as of the year and date first written above.
CITY OF PADUCAH
__________________________________________
George Bray, Mayor of the City of Paducah
BEAUTIFUL PADUCAH, LLC
________________________________________
Whitney Ravellette Wallace, Co-Founder & Executive Director
Agenda Action Form
Paducah City Commission
Meeting Date: April 12, 2022
Short Title: Zoning Text Amendments - J SOMMER
Category: Ordinance
Staff Work By: Josh Sommer, Nicholas Hutchison
Presentation By: Josh Sommer
Background Information: Zoning Text Amendments for Definitions, Planned unit development, Qualified
manufactured homes, Awnings & canopies, Cryptocurrency mining, accessory dwelling unit (ADU), Medium
Density Residential Zone, R-3 and Light Industrial Zone, M-1
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: These text amendments align with the Southside
enhancements, Housing and Annexation/ Planned Growth.
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: Staff recommends approval
Attachments:
1.ORD Zoning Code Update 2022
2.Signed Resolution Zoning Text Amendments
TEXT AMENDMENT
PADUCAH CITY COMMISSIONT
PROCEDURAL NOTE
Zoning text amendments are first heard before the Paducah Planning Commission at a public
hearing, pursuant to KRS 100.211 (2). The Planning Commission has forwarded a positive
recommendation to the City Commission for the adoption of the following text amendments on
March 7, 2022.
CONSIDERATIONS
Section 126-3 contains the definitions for the Paducah Zoning Ordinance. Towing and wrecker
services have not been defined. This text amendment will provide a definition for use later in
the Zoning Ordinance for permitted placement. To prevent the placement and use of
substandard structures such as storage sheds and campers as single-family or two-family
CASE NO.TXT2022-0001
TITLES 126-3 Definitions, 126-70 Planned unit development, 126-79 Qualified
manufactured homes; 126-85 Awnings & Canopies; 126-97 Cryptocurrency
Mining; 126-98 Accessory dwelling unit (ADU); 126-104 Medium Density
Residential Zone, R-3; 126-110 Light Industrial Zone, M-1
DESCRIPTION Text change to provide for:
Definition for towing and wrecker services, single-family & two-family
dwellings.
Staff approval of site plans in Planned Unit Developments that meet the
requirements of the underlying zone and simplifying and shortening the
development review procedure.
Bring the requirements for qualified manufactured homes into
compliance with KRS 100.348 and establishing deed requirements thereto.
Changing the Department of Inspection to the Fire Prevention Division
for the issuance of awing or canopy permits.
Establish regulations for locations and performance standards for
cryptocurrency mining.
Establish regulations for locations and performance standards for
accessory dwelling units.
Minor text amendments in the Medium Density Residential Zone for
easier readability.
Allowing towing and wrecker services as a principal permitted use in the
M-1 Light Industrial Zone.
STAFF REPORT (continued) page 2 of 20
residential structures, performance standards have been introduced into the definition of these
two items. Substandard structures tend to have a deleterious effect on the surrounding
neighborhood and keeps neighborhoods in decline. This proposed change is intended to have
a positive effect on property values, including in the Northside and Southside neighborhoods.
Most of Paducah’s Planned Unit Development’s were established in the 50’s through the 80’s.
Many are built out with buildings, roads, utilities and other infrastructure. Currently, all
Planned Unit Development proposals go to the Planning Commission for review and approval,
even if the requirements of the underlying zone are met. Since January 1, 2009; 18 PUD
proposals have been heard before the Planning Commission. One was approved with
modifications and the rest were approved entirely or with minor comments. This text
amendment will give Planning staff the ability to approve proposals in Planned Unit
Developments that meet the underlying zoning classification’s standards. Proposals that do not
meet the standards will still come before the Planning Commission at a public hearing. For
proposals that do meet the underlying standards, approximately a month of review time will be
saved. Further, staff is proposing removing the minimum area requirements for PUDs. This
would give developers greater flexibility to develop residential, commercial and industrial
projects on smaller tracts of land in order to save development costs, infrastructure extensions
and construction expenses. An area such as the Southside could benefit from a developer
proposing a PUD, which would increase population, provide overall density in the City and
support housing choice. Staff is also proposing to remove the preliminary/ final steps in the
approval of a PUD to save a developer at least a month in development review time. The cities
of Hopkinsville, Bowling Green and Owensboro all utilize a one-step PUD development
procedure.
Currently the Zoning Ordinance does not reflect all the standards adopted by KRS 100.348 as it
relates to qualified manufactured homes. This KRS was adopted in 2003 to allow manufactured
homes that meet certain standards “i.e. qualified manufactured homes” to be permitted in
residential zoning districts. Further, the City has lost density over the years as property owners
of manufactured homes have historically abolished any property lines they abridge. In light of
an attempt to keep the City as dense as possible, Staff could permit a manufactured home to
abridge a property line without it being abolished. However, a deed would need to be recorded
showing the lots it abridges as Lot 1, Lot 2, etc. This measure will keep in place density and
allow two homes to be located on the separate lots in the future, should the manufactured home
be removed or destroyed.
Section 126-86 Awning and canopies currently references the Fire Inspection Department. This
change is intended to reflect the current Fire Prevention Division.
Cryptocurrency mining has become a fast-growing land use in Paducah and McCracken
County. Planning staff has developed a new section in the zoning code for locations where
cryptocurrency mining can occur and performance standards as well. As proposed, a
STAFF REPORT (continued) page 3 of 20
cryptocurrency mining operation could be located in the B-3 General Business Zone, provided
the building is no larger than 105,000 square feet. That figure came from the footprint of the
former AmeriSource Bergen building, which is under construction for a cryptocurrency mining
operation. Please note that unlike other land uses, cryptocurrency mining does not promulgate
into the Highway Business Zone. This is to ensure that our highest-density commercial zone is
optimized with business opportunities and job creation. Cryptocurrency mining is proposed to
be permitted by right in all three industrial zones, which includes data farms as well as enclosed
buildings. Cryptocurrency mining is also proposed to be permitted by right in the Planned
Office Park (POP) Zone, provided screening and larger setbacks are met to protect the character
and integrity of this zone.
Accessory dwelling units (ADUs) are a new land use becoming prevalent nation-wide as baby
boomers tend to age in place. Accessory dwelling units are a smaller living space located on the
same lot as a single-family home. These types of dwellings can be used by elderly and disabled
relatives to have independent living while in close proximity to their family and caregivers.
Also, older children can utilize an ADU for independent living as well. Lastly, ADU’s can be a
source of income for the individual and provide business license and transient room funding to
the City if utilized as a short-term rental. ADUs help to promote density inside the City limits.
ADUs are proposed in any zone in the City, but setbacks must be met; along with other
performance standards.
Minor changers are proposed in the R-3 Medium Residential Zone to provide for easier
readability.
The M-1 Light Industrial Zone is proposed to allow towing and wrecking services as a principal
use in this zone, which would promulgate through the M-2 (Heavy Industrial) and M-3 (High
Density Industrial) Zones. Due to the nature of this type of business, which often includes
impounded and wrecked vehicles, staff proposes this type of use is appropriate in an industrial
zone, which allows outside storage.
TEXT AMENDMENT
The proposed amendment is as follows:
Sec. 126-3 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
Accessory building means a subordinate building located on the same lot as a principal building, or a
subordinate use of land, either of which is customarily incidental to the principal building or to the
principal use of the land. Where part of the wall of an accessory building is a part of the wall of
the principal building in a substantial manner as by a roof, such accessory building shall be
considered as part of the principal building. Local public utility, communication, electric
distribution, secondary power lines, gas lines, water lines, sewer lines, guy-wires, small
STAFF REPORT (continued) page 4 of 20
transformers, wires, cables and incidental equipment are considered accessory buildings or
structures.
Alley means a permanent public service way providing a secondary means of access to abutting lands.
Arterial highway strip commercial means commercial uses which front on the designated U.S.
highways in either the B-1 or the HBZ classifications.
Automobile service station means an establishment with the primary business function of the retail
sale of gasoline for passenger vehicle use and the minor service and repair work incidental to the
operation of passenger automobiles.
Bed and breakfast means an owner-managed and owner-occupied residential structure used as a
lodging establishment where a room or rooms are rented on a nightly basis and in which only
breakfast is included as part of the basic compensation.
Berth means the off-street area required for the receipt of, or distribution by vehicles of, material or
merchandise with a fourteen (14) foot height clearance, paved with a suitable dust preventative or
hard surface.
Block frontage means all the property fronting on one (1) side of a street between intersecting streets,
or between a street and the terminus of a dead-end street or the City boundary, measured along the
street line.
Board means the City of Paducah Board of Adjustment.
Building means any structure having enclosed space and a roof for the housing or enclosure of persons,
animals or chattels.
Building area means the maximum horizontal projected area of a principal or accessory building,
excluding open steps, terraces, unenclosed porches not exceeding one (1) story in height or
architectural appurtenances projecting not more than two (2) feet.
Building, detached, means a building having no party wall in common or structural connection with
another building.
Building, front line of, means the line of the face of the building nearest the front lot line.
Building, height of, means the vertical distance from the average contact ground level at the front wall
of a building to the highest point of the coping of a flat roof, to the deck line of a mansard roof or
to the mean height level between eaves and ridges for gable & hip or gambrel roofs.
Building line means the line nearest the front and across a lot establishing the minimum open space to
be provided between the front line of a building or structure and the front lot line.
Building, nonconforming, means a legally existing building which fails to comply with the regulations
set forth in this chapter applicable to the zone in which the building is located.
Building, principal, means a building in which is conducted the main or principal use of the lot on
which said building is situated.
Building, semidetached, means a building having one (1) party wall in common with an adjacent
building.
Business means the engaging in the purchase, sale, barter or exchange of goods, wares, merchandise
or service; the maintenance or operation of offices, or recreational and amusement enterprises.
STAFF REPORT (continued) page 5 of 20
Carport means a structure consisting of a roof and either walls or columns for the purpose of housing
automotive vehicles and other chattels. Said structure shall be considered a building.
Cemetery means land used for the burial of the dead and dedicated for cemetery purposes, including
columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and
within the boundary of such cemetery.
City means the City of Paducah, Kentucky.
Clinic or medical center means an establishment where patients are admitted for special study and
treatment by two (2) or more licensed physicians and/or dentists and their professional associates,
as distinguished from a professional office for general consultation purposes.
Commission means the City of Paducah Planning Commission.
Conditional use means a use which would not impair the public health, safety or welfare in one (1) or
more zones, but which would impair the integrity and character of the zone in which it is located
or in adjoining zones unless restrictions on location, size, extent and character of performance are
imposed in addition to those imposed in the zoning regulations.
Conditional use permit means legal authorization to undertake a conditional use issued by the
administrative official pursuant to authorization by the Board of Adjustment consisting of two (2)
parts:
A statement of the factual determination by the Board of Adjustment which justifies the
issuance of the permit.
A statement of the specific conditions which must be met in order for the use to be
permitted.
Cottage home means a structure of not less than one hundred forty (140) square feet nor more than
four hundred (400) square feet intended for use as a permanent, single-family residence. A
manufactured home, mobile home, camper or recreational vehicle shall not be considered a cottage
home. A single cottage home may only be placed on lots smaller than eight thousand (8,000)
square feet.
County means McCracken County, Kentucky.
Courtyard means an open unoccupied space on the same lot with a building or group of buildings and
bounded on three (3) or more sides by such buildings.
Development plan means written and graphic material for the provision of a development plan,
including any or all of the following: location and bulk of buildings and other structures, intensity
of use, density of development, streets, ways, parking facilities, signs, drainage of surface water,
access points, a plan for screening or buffering, utilities, existing manmade and natural conditions,
and all other conditions agreed to by the applicant.
Dwelling means a building, or portion thereof, used primarily for residential occupancy, including
single-family, two-family and multi-family occupancy, but not including hotels, motels, short-term
rentals (includes special event short-term rentals) or bed and breakfasts.
Dwelling, assisted care, means a building, or portion thereof, consisting of five (5) or more bedrooms,
used for residential occupancy by a group. The dwelling is characterized by renters with separate
bedrooms for sleeping and shared common areas for reception, recreation, living, cooking, laundry
STAFF REPORT (continued) page 6 of 20
and the like. The dwelling is further signified by the presence of an employee(s) that provides
various services such as housekeeping, maintenance, cooking, security, personal care and
transportation. This definition is distinguished from, and is intended not to conflict with, KRS
100.982 and 100.984.
Dwelling, multi-family, means a building, or portion thereof, used for occupancy by three (3) or more
families living independently of each other.
Dwelling, single-family, means a building used for residential occupancy by one (1) family. A single-
family dwelling shall be stick-built, a modular home, a qualified manufactured home or a mobile
home located within a mobile home park. Structures or vehicles such as, but not limited to; storage
buildings, campers, recreational vehicles, garages, barns and shipping containers shall not be
utilized as a single-family dwelling.
Dwelling, two-family, means a building, or portion thereof, used for occupancy by two (2) families
living independently of each other. A two-family dwelling shall be stick-built, manufactured or
modular. Structures or vehicles such as, but not limited to; storage buildings, campers, recreational
vehicles, garages, barns and shipping containers shall not be utilized as a two-family dwelling.
Dwelling unit means a dwelling, or portion of a dwelling, used by one (1) family for cooking, living
and sleeping purposes.
Educational institution means a public, parochial or private preprimary, primary, or grammar school;
a high school, preparatory school or academy, that is public or founded, owned or conducted by
or under the sponsorship of a religious or charitable organization; a private preparatory school or
academy furnishing courses of instruction substantially equivalent to the courses offered by public
high schools for preparation of admission to colleges or universities which award BA or BS
degrees; a junior college or university, that is public or founded or conducted by or under the
sponsorship of a religious or charitable organization or a private school when not conducted as a
commercial enterprise for the profit of individual owners or stockholders. This definition shall not
be deemed to include trade or business schools as defined in this section.
Effective date hereof means October 26, 1976.
Enforcement officer means the Chief Building Official of the City or designee.
Family means one (1) or more persons living as a single housekeeping unit, as distinguished from a
group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include
servants.
Fence means a structure consisting of wood, metal, wire, mesh, masonry or other manufactured
material.
Floor area ratio (FAR) means the floor area of the building divided by the area of the lot.
Garage, private, means a detached accessory building or portion of a principal building, used for the
storage of self-propelled vehicles, in which the capacity does not exceed three (3) vehicles per
family housed in the building to which such garage is accessory and not more than one-third (1/3)
of the total number of vehicles stored in such garage shall be commercial vehicles. Storage space
for not more than three (3) vehicles may be utilized for vehicles of other than occupants of the
building to which such garage is accessory.
STAFF REPORT (continued) page 7 of 20
Garage, public, means any building, except those defined as a private garage, used for the storage or
care of motor vehicles, or where such vehicles are equipped for operation, repaired or kept for
remuneration, hire or sale.
Ground floor area means the square foot area of a building within its largest outside dimensions
computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways,
terraces, garages, exterior stairways and secondary stairways.
Ground level means for buildings having walls adjoining only one (1) street, the elevation at the front
lot line at the center of the wall adjoining the street; for buildings having walls adjoining more
than one street, the average elevation of the front lot line at the center of all walls adjoining the
streets; for buildings having no wall adjoining the street, the average level of the ground adjacent
to the exterior walls of the building. Any wall approximately parallel to and not more than five
(5) feet from a street is to be considered as adjoining the street.
Heliport means a facility for helicopters to take off and land.
Home occupation means any use conducted entirely within a residential dwelling and carried on
solely by the occupants thereof, which use is clearly incidental and secondary to the use of the
dwelling purposes and does not change the character thereof, and in connection with which there
is no display, no stock in trade or outside storage of equipment nor commodity sold upon the
premises and not more than two (2) persons are to engage in such occupation. In no event shall a
barbershop, beauty shop, tearoom, bed and breakfast or animal hospital be construed to be a
home occupation.
Hospital means a sanitarium, preventorium or clinic, provided such institution is operated by, or
treatment given under, the direct supervision of a physician licensed to practice by the State of
Kentucky.
Hotel or motel means a building, or portion thereof, or group of buildings in which lodging is provided
and offered to the public for compensation and which is open to transient guests, in
contradistinction to a lodging house.
Industrial, heavy, means those industries whose processing of products result in the emission of any
atmospheric pollutant, light flashes, glare, odor, noise or vibration which may be heard and/or felt
off the premises, and those industries which constitute a fire or explosion hazard.
Industry, light, means those industries whose processing of products results in none of the conditions
described for heavy industry.
Ingress/ egress easement means an open, unoccupied, officially designated space other than a street
or alley, permanently reserved for use as a means of access to abutting property.
Junkyard means any place at which personal property is, or may be salvaged, for reuse, resale,
reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or
sorted, including, but not limited to; use of salvaged base metal or metals, their compounds or
combinations; or used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick
and similar property which are used, owned or possessed for the purpose of wrecking or salvaging
parts therefrom.
Kennel means any lot or premises on which dogs or small animals are kept for commercial or sale
purposes. A non-commercial kennel at, in or adjoining a private residence where hunting or other
dogs are kept for the hobby of the householder (i.e., hunting, tracking or exhibiting) or for guarding
STAFF REPORT (continued) page 8 of 20
or protecting the householder's property is permitted in residential zones, provided that such dogs
or small animals do not constitute a nuisance to the neighborhood.
Lodging house means a building with more than two (2) but not more than five (5) guest rooms where
lodging with or without meals is provided for compensation for a period of time not to exceed six
(6) months for each guest.
Lot means a piece, parcel, plot, tract or area of land occupied or capable of being occupied by one (1)
principal building and the accessory buildings or uses customarily incidental to it, and including
the open spaces required under this chapter, and having its principal frontage on a street or
ingress/egress easement.
Lot, corner, means a lot at a junction of, and fronting on, two (2) or more intersecting streets.
Lot coverage means the percentage of the lot area covered by the building area.
Lot, interior, means a lot other than a corner or through lot.
Lot line, front, means, in the case of an interior lot; a line separating the lot from the street or ingress/
egress easement and, in the case of a corner lot; the line designated by deed, plat or subdivision
requirements.
Lot line, rear, means a lot line which is opposite and most distant from the front lot line and, in the
case of an irregular or triangular shaped lot; a line ten (10) feet in length within the lot, parallel to
and at the maximum distance from the front lot line.
Lot line, side, means any lot boundary line not a front lot line or a rear lot line.
Lot, through, means a lot having frontage on two (2) parallel or approximately parallel streets.
Lot width means the dimension of a lot at the building setback line.
Manufactured home means a single-family dwelling unit constructed in accordance with the National
Manufactured Housing Construction and Safety Standards Act of 1974, as amended, and
manufactured after June 15, 1976, which is designed to be transported across streets and highways
to a point of use, and is equipped with the necessary service connections, and includes the
plumbing, heating, air conditioning and electrical systems contained therein, and made so as to be
readily movable as a unit.
Mobile home means any vehicle, including the equipment sold as a part of a vehicle, which is so
constructed as to permit its being used as a conveyance upon public streets or highways by either
self-propelled or non-self-propelled means, which is designed, constructed or reconstructed, or
added to by means of an enclosed addition or room, in such a manner as will permit the occupancy
thereof as a dwelling or sleeping place for one (1) or more persons, which is both used and
occupied as a dwelling or sleeping place, having no foundation other than wheels, jacks, skirting
or other temporary supports.
Mobile home park means an area of land upon which two (2) or more mobile homes are harbored for
the purpose of being occupied either free of charge or for revenue purposes and shall include any
building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such
mobile home park.
Nursing home means an establishment which provides full-time convalescent or chronic care, or both,
for four (4) or more individuals who are not related by blood or marriage to the operator and who,
STAFF REPORT (continued) page 9 of 20
by reason of chronic illness or infirmity, are unable to care for themselves. Neither care for the
acutely ill nor surgical or obstetrical services shall be provided in such a home. A hospital or
sanitorium shall not be construed to be included in this definition.
Parking area, public, means an open off-street area, designed for use or used for the temporary parking
of motor vehicles when available for public use, whether free or for compensation or as an
accommodation for clients or customers.
Parking space (off-street) means an off-street space accessible from a street, alley or ingress/ egress
easement with a minimum width of nine (9) or ten (10) feet, depending on land use. The minimum
length of such space shall be contingent upon the degree or angle of the space and the
maneuverability area required. As a guide to establishing a minimum length, the Commission
shall refer to Illustration No. 1 in the appendix immediately following this chapter.
Person means and includes a firm, association, organization, partnership, trust, company or
corporation as well as an individual.
Personal and convenience services means a business offering services such as barbershops, beauty
shops, laundromats, laundry and dry-cleaning pickup and delivery stations (but excluding actual
laundry operations) and similar uses.
Planting screen or landscape screen means a completely planted visual barrier composed of evergreen
plants and trees arranged to form both a low-level and a high-level screen. The high-level screen
shall consist of evergreen trees or shrubs planted with specimens having an initial height above
ground when planted of not less than five (5) feet and planted at intervals of not more than eight
(8) feet on-center. The low-level screen shall consist of evergreen shrubs having an initial height
above ground when planted of not less than two (2) feet and spaced at intervals of not more than
four (4) feet on-center. The low-level screen shall be planted in alternating rows to produce a more
effective barrier.
Professional office means offices of members of recognized professions such as physicians, surgeons,
lawyers, engineers, dentists and architects.
Retaining wall means a physical barrier necessary to prevent the erosion and/or deterioration of an
established elevation.
Short-term rental means a dwelling or room that is rented, leased or assigned for a tenancy for less
than thirty (30) consecutive days in duration and where no meals are served or provided by the
host to any guest. A short-term rental may be owner occupied or non-owner occupied.
Short-term rental, special event, means a dwelling or room that is rented, leased or assigned for a
tenancy for less than seven (7) days a year and where no meals are served or provided by the host
to any guest. A special event short-term rental may be owner occupied or non-owner occupied.
There shall be a maximum of two (2) permits issued a year.
Sight triangle means a triangular space at the street corner of a corner lot, free from any kind of
obstruction to vision between the heights of two and one-half (2 ½) and twelve (12) feet above
established grade, determined by a diagonal line connecting two (2) points measured fifteen (15)
feet equidistant from the street right-of-way corner along each property line.
Street means a right-of-way, other than an alley or ingress/ egress easement, dedicated or otherwise
legally established for public use, usually affording the principal means of access to abutting
property.
STAFF REPORT (continued) page 10 of 20
Structural alteration means any change in the supporting members of a building, such as bearing walls,
partitions, columns, beams or girders; or any substantial change in the exterior walls or the roof.
Structure means anything constructed or made, the use of which requires permanent location in or on
the ground or attachment to something having a permanent location in or on the ground including,
buildings and signs.
Towing or wrecker service means a person engaged in the business, or offering the services of, a
vehicle towing or wrecker service, whereby motor vehicles are towed or otherwise removed from
the place where they are parked or disabled by use of a truck, automobile or other vehicle so
adapted to that purpose, or in the business of storing operable or disabled motor vehicles.
Trade or business school means a secretarial school or college; or business school or college, that is
not public and not owned or conducted by or under the sponsorship of a religious or charitable
organization; or a school conducted as a commercial enterprise for teaching instrumental music,
dancing, barbering or hairdressing, or for teaching industrial skills in which machinery is employed
as a means of instruction. This definition shall not be deemed to include an educational institution
as defined in this section.
Use means the employment or occupation of a building, structure or land for a person's service, benefit
or enjoyment.
Use, nonconforming, means an existing use of land or building which was legal prior to the effective
date hereof, but which fails to comply with the requirements set forth in this chapter applicable to
the zone in which such use is located.
Use, open, means the use of a lot without a building or including a building incidental to the open use
with a ground floor area equal to five (5) percent or less of the area of the lot.
Variance, dimensional, means departure from the terms of the zoning regulations pertaining to height
or width of structures and size of yard and open spaces where such departure will not be contrary
to the public interest, and where, owing to conditions peculiar to the property because of its size,
shape or topography, and not as a result of the action of the applicant, the literal enforcement of
the zoning regulations would result in unnecessary and undue hardship.
Yard means a space on the same lot with a principal building that is open and unoccupied other than
by steps, walks, terraces, driveways, lampposts and similar appurtenances, and unobstructed by
structures, except as otherwise provided in this chapter.
Yard, front, means a yard extending across the full width of the lot, between two (2) side lot lines, the
depth of which is the least distance between the street right-of-way and the building line.
Yard, rear, means a yard extending across the full width of the lot between the two (2) side lot lines
and between the rear line and a line parallel to, and coexisting with, the rear of the principal
building.
Yard, side, means a yard bounded by the rear yard, the front yard, the side lot line and the principal
building.
Zoning map means the official zoning map of the City.
Sec. 126-70 Planned unit development (PUD).
STAFF REPORT (continued) page 11 of 20
The purpose of this section is to establish a more flexible procedure for the approval, by the Commission,
of development plans for large tracts of land and to encourage proper design by providing for the
submission of such development plans by prospective developers. Tracts of land, as herein described, to
be used for residential, commercial or industrial zone purposes, or certain combinations thereof, may be
developed as a unit according to the following provisions:
(1)Land deemed one (1) lot. Any parcel of land including any interior street (or streets) streets which is
designed as and used for a planned unit development may be deemed to be one (1) lot.
(2)Area requirements. In order that a tract be considered a planned unit development it must contain at
least:
a. Two (2) acres if used for residential purposes only in an R-2 zone; three (3) acres if used for a
combination of residential and business uses or business uses exclusively in an R-3 or R-4 zone.
b. Six (6) acres if used for residential purposes in an R-1 or R-2 zone; eight (8) acres if used for a
combination of residential and business uses in an R-1 or R-2 zone.
c. Three (3) acres if used for a combination of residential and business uses in a POP, B-1, B-3 or HBD
zone and six (6) acres if used for business purposes only in a POP, B-1, B-3 or HBD zone.
d. Ten (10) acres if used for industrial purposes in an industrial zone; fifteen (15) acres if used for a
combination of uses within an industrial zone; however, if used for commercial purposes only in an M-1
or M-2 zone there shall be a minimum of five (5) acres.
(3 2)Applicability of zoning provisions. In any planned unit development, although it is permissible
to depart from literal conformance with the individual lot dimension and area provisions, there shall be no
decrease in the total equivalent lot area, parking area, and loading-/unloading area provisions that would
be necessary for the equivalent amount of individual lot development. The Planning Commission may
allow reductions in these provisions, however, upon proof by the developer that efficiencies of large-scale
development may permit such reductions without destroying the intent of this article Article.
(4 3)Application requirements and preliminary plans.
a. An application for the establishment of a planned unit development shall be filed with the Department
of Planning and Zoning Administrator ten (10) twenty-one (21) days prior to the meeting at which it is to
be acted on and shall be accompanied by 12 copies of a preliminary development plan containing contain
the following information:
1. The proposed name and location of the PUD, and names and addresses of all adjacent property
owners and owners of the proposed PUD;
2. The names and address of all adjacent property owners and owners of the proposed PUD;
23. Vicinity map;
34. A complete and accurate legal description of the proposed PUD property;
45. A tabulation of the total acreage of the site designated for various uses (i.e., parking, all structures,
residential or commercial areas, streets, parks, or playgrounds, etc.);
56. Location of all structures in the PUD and proposed building densities (units per acre);
67. Preliminary Major or minor subdivision plat, if the site is being subdivided, showing layout of all
lots, which shall comply with the subdivision regulations;
STAFF REPORT (continued) page 12 of 20
78. Proposed circulation pattern, including private and public streets;
89. Parking layout with two (2) spaces per dwelling unit.
10. Detailed landscaping plans, including and designating the type of buffer or landscape screens
placed between abrupt changes of land use.
11. Detailed engineering plans or final subdivision plat showing site grading, street improvements,
drainage and public utility locations.
12. Other conditions as applicable to the planned unit development.
13. Covenants and any other agreements concerning construction, operation and administration of the
area such as green areas, housing corporations, etc.
b.In addition to the standards for development as outlined above, the Commission shall also require
all access points to the same arterial streets to be located no more frequently than three hundred thirty
(330) feet. Access points to the same arterial street shall be at least three hundred thirty (330) feet
apart.
(5 4) Procedure for approval; hearing; submission of final plans; time limit for commencement of
construction.
a. Upon receipt of an application and site plan of the proposed development, the Planning Commission
shall hold a public hearing as set out in KRS ch. 100 . The Planning Commission may approve, in concept,
the preliminary development plans and shall have the authority to attach conditions to said plans to ensure
that there is no departure from the intent of this article Article. Failure to submit a final development plan
for Planning Commission approval within one (1) year of approval of preliminary plans shall terminate
all proceedings and render the preliminary plans null and void.
b. Twelve copies of the final development plans shall be submitted to the Planning and Zoning
Administrator for submission to the Planning Commission and shall include the following:
1. All those requirements designated for submission with the preliminary plans;
2. Detailed landscaping plans, including and designating type of buffer or landscape screens placed
between abrupt changes of land uses;
3. Detailed engineering plans or final subdivision plat showing site grading, street improvements,
drainage and public utility locations;
4. Other conditions as applicable to the planned unit development;
5. Covenants, and any other agreements concerning construction, operation and administration of the
area such as green areas, housing corporations, etc.
c b. Upon approval of all the above by the Planning Commission, building permits may be issued by the
Building Inspector Fire Prevention Division provided all conditions have been met.
d c. Construction shall be initiated within one (1) year from the date of final approval by the Planning
Commission of the PUD. The Planning Commission may, however, grant an extension to the applicant
petitioner, provided that:
1 . A formal written request for the extension is presented to the Planning Commission at least ninety (90)
days prior to the deadline; and
STAFF REPORT (continued) page 13 of 20
2. The written request explains the reasons that construction was not initiated within the time allotted.
The Planning Commission shall review the original application and final development plans and shall
inform the requestor petitioner of it’s the final decision within thirty-one (31) 31 days from the receipt of
the request.
e d. If the PUD is developed in stages, the total area will be reviewed at the public hearing and each
successive stage shall be approved according to subsection (5) b of this section as it is submitted.
f e. The site of the approved PUD shall be marked on the official zoning map of the City.
(5) Staff approval. In the event a proposal conforms with the requirements of the underlying zone, staff
may approve said proposal in accordance all applicable ordinances and site plan requirements.
Sec. 126-79. Qualified manufactured homes Manufactured homes and mobile homes.
Qualified manufactured Manufactured and mobile homes are permitted in the R-2, R-3 and R-4 districts
Zones for single-family residential purposes with the following provisions which shall be made prior to
occupancy (except as noted herein):. Qualified manufactured homes shall be subject to the zone
requirements for single-family residential structures in addition to the following:
(1) Manufactured and mobile homes must be a qualified manufactured home that meets
the following criteria:
a. Is manufactured on or after July 15, 2002.
b. Is affixed to a permanent foundation, and is connected to the appropriate facilities
and is installed in compliance with KRS 227.570. The term "permanent foundation"
means a system of supports that is:
1. Capable of transferring, without failure, into soil or bedrock, the maximum
design load imposed by or upon the structure.
2. Constructed of concrete with continuous masonry skirting/screening
system.
3. Placed at a depth below grade adequate to prevent frost damage.
c. Has a width of at least twenty (20) feet at its smallest width measurement or is two
(2) stories in height.
d. The structure must be oriented on the lot or parcel so that its main entrance door
faces the street.
e. Is not located in a manufactured home land-lease community. Manufactured
homes in a land-lease community shall comply with section 126-70 126-69.
f. The structure is compatible, in terms of assessed value, with single-family
housing stock located within a one-eighth-mile one-eighth (1/8) mile or less
radius.
(2) Compatibility Standards. Proposed qualified manufactured homes shall meet the following
compatibility standards as they relate to single-family housing stock within a one-eighth
(1/8) mile or less of the site.
STAFF REPORT (continued) page 14 of 20
a. The square feet of living space shall be within one-thousand (1,000) square feet of
living space on the ground floor as other housing stock, but in no case shall be less
than one-thousand (1,000) square feet in the R-2 Zone and nine-hundred (900)
square feet in the R-3 and R-4 Zones.
b. The roof pitch shall be within two inches of rise as other housing stock but in no
case shall be less than 3:12.
c. The exterior finishing materials shall be consistent with other housing stock.
The compatibility standards must ensure that when a qualified manufactured home is placed in a
residential zone it is compatible, in terms of assessed value, with existing housing located within
a one-eighth-mile or less radius from the proposed located of the qualified manufactured home.
The compatibility standards shall relate to architectural features that have a significant impact on
the overall assessed value of the structure, including but not limited to:
a. Square foot of livable space.
b. The roof pitch and materials.
c. Type of siding (brick, stucco, vinyl, etc.).
d. Screening/skirting system.
e. Existence and type of structures.
f. Documentation of compatibility shall be submitted to the Department of Inspection
with the Building Permit Application. The Zoning Administrator shall make the
final compatibility determination.
(3) All wheels, springs, axles, lights and towing apparatus shall be removed.
(4)The roof covering shall be shingle or metal.
(5)The foundation shall be screened with masonry block or brick.
(4 6) If no single-family structures exist within one-eighth (1/8) of a mile or if the home is
proposed in a commercial or industrial zone, the following minimum standards shall apply:
a. The structure shall have a gable or hipped roofing system roof pitched at least three
(3) inches of rise over twelve (12) inches of run, covered with shingles, ribbed metal
or standing seam metal. (wood, asphalt or fiberglass) or other HUD factory
approved materials. Corrugated metal, corrugated fiberglass, or rolled roofing
materials are not allowed in retrofitted structures. Deck and pre-manufactured
carport roofs are exempt.
b. The structure shall be sided with wood, aluminum, or vinyl, brick or stucco insofar
as it has a shingled or horizontal clapboard appearance; or brick; or stucco.
c. Permanent steps attached to the structure may not encroach into any required yard
setback line.
(5)(7) A minimum of two off-street parking spaces. Design shall be per section 126-71.
Improvements must be made within six (6) months of occupancy. One (1) qualified
manufactured home shall be located on one (1) lot. However, if a qualified manufactured
home is proposed to abridge one or more property lines due to limited space, a deed must be
STAFF REPORT (continued) page 15 of 20
recorded at the McCracken County Clerk’s office showing each lot or parcel as lot or parcel
A, B, C, etc. within one (1) legal description. A copy of said deed shall be submitted to the
Department of Planning within three (3) months of application approval. In no case shall a
qualified manufactured home abridge a property line if it can fit onto one (1) lot.
(8)No type of manufactured housing shall be permitted in the following zones:
R-1 Low Density Residential Zone, NSZ Neighborhood Services Zone, NCCZ Neighborhood
Commercial Corridor Zone, H-1 Historic Commercial Zone, H-2 Historic Neighborhood Zone, POP
Planned Office Park, HM Hospital Medical Zone, MU Mixed-Use Zone, B-2-T Downtown Business
Townlift Zone and A-1 Civic Center Zone.
Sec. 126-85. Awnings & Canopies and canopies.
(a) Awnings/canopies shall be permitted in all zoning districts within the City of Paducah subject to
the following requirements.
(b) Awnings/canopies on private property.
(c) Awnings/canopies over public areas.
(d) Application. No awnings/canopies, except as specifically exempted herein, shall be displayed,
erected, relocated or altered until a permit has been issued by the Department of Inspection Fire
Prevention Division. An application for a permit shall include, but shall not be limited to the
following:
(1) A completed application form.
(2) A site plan and/or building elevations drawn to scale showing the locations of the proposed
location of the awnings/canopies on the lot and/or building, including setbacks.
(3) Detailed awning information including type of construction, method of installation and or
erecting and other similar information.
Sec. 126-97. Cryptocurrency mining.
This activity typically involves the solving of algorithms as part of the development and maintenance of
a blockchain which is a type of distributed ledger maintained on a peer-to-peer network. Typical physical
characteristics of cryptocurrency mining include specialized computer hardware for mining operations as
well as equipment to cool the hardware and operating space. For the purposes of the associated regulations,
cryptocurrency mining does not include the exchange of cryptocurrency nor does it encompass the use,
creation or maintenance of all types of peer-to-peer distributed ledgers.
(1) Definitions.
(a) Blockchain. A system in which a record of transactions made in a cryptocurrency are
maintained across several computers that are linked in a peer-to-peer network.
(b) Cryptocurrency. A digital currency in which transactions are verified and records maintained
by a decentralized system using cryptography, rather than by a centralized authority, such as
a bank.
STAFF REPORT (continued) page 16 of 20
(c) Cryptocurrency mining. the process where specialized computers, also known as nodes or
mining rigs, validate blockchain transactions for a specific cryptocoin and, in turn, receive a
mining reward for their computational effort.
(d) Distributed ledger. A type of database that is shared, replicated and synchronized among the
members of a decentralized network. The distributed ledger records transactions, such as the
exchange of assets or data, among the participants in the network.
(e) Peer-to-peer network. A network of computers configured to allow certain files and folders
to be shared with everyone or with selected users.
(2) Locations.
Proposed cryptocurrency mining may take place in the following zones, subject to the following:
(a) B-3 (General Business Zone). All cryptocurrency mining operations shall take place in an
enclosed building not to exceed one hundred five thousand (105,000) square feet.
(b) M-1 (Light Industrial), M-2 (Heavy Industrial) and M-3 (High Density Heavy Industrial). All
cryptocurrency mining operations, server farms or data centers, including all ancillary
equipment for purposes such as cooling, shall be designed, constructed, operated and
maintained so as to be harmonious and appropriate with the existing or intended character of
the surrounding properties. No smoke, noise, odor, glare, heat, vibration or dust shall extend
beyond the property line.
(c) POP (Planned Office Park). Cryptocurrency mining operations shall be a principal permitted
use, subject to the following:
1. All cryptocurrency mining operations, server farms or data centers and all ancillary
equipment, shall be located at least five hundred (500) feet from any residential property
line or residential zone in the City of Paducah or in McCracken County.
2. A screen of evergreen vegetation shall be installed at all property lines. Said vegetation
shall be installed pursuant to Section 126-83 of the Paducah Zoning Ordinance.
(3) General regulations.
(a) Electric and magnetic fields shall not be created that adversely affect the public health,
safety and welfare including, but not limited to; interference with the normal operation of
equipment or instruments including normal radio, television, telephone or cell phone
reception from off the premises where the mining is conducted.
(b) The mining activity will not cause electrical interference or fluctuations in line voltage on
and off the operating premises.
(c) Adequate capacity shall be available on the applicable supply lines and associated
substations to ensure capacity is available for other needs of the area served.
(d) Commercial cryptocurrency mining is prohibited as a home occupation or accessory to
any other land use.
Sec. 126-98. Accessory dwelling unit (ADU).
STAFF REPORT (continued) page 17 of 20
Accessory dwelling units (ADUs) shall be principally permitted in every zone in the City. ADUs shall
not constitute a dwelling unit for purposes of calculating density. All ADUs are subject to the following:
(1) One (1) ADU may be permitted per single-family residential dwelling per lot. The property owner
must reside in either the principal dwelling or the ADU as their permanent residence.
(2) ADUs are permitted in the rear yard only if not contained within the footprint of the home.
(3) The maximum ADU size is fifty (50) percent of the rear yard behind the principal dwelling, not
to exceed the ground floor area of the principal dwelling.
(4) ADUs are permitted on lots that do not meet the minimum lot area or width standards for the
underlying zone. However, setbacks of the underlying zone must be met.
(5) Any exterior stair cases used to access a second story or higher ADU shall be located to the
side or behind the principal dwelling.
(6) The maximum height of ADUs shall not exceed the height of the principal dwelling.
(7) One (1) additional parking space shall be required.
(8) An ADU may be utilized as a short-term rental or special event short-term rental, subject to
the requirements contained within the Paducah Zoning Ordinance.
Sec. 126-104. Medium Density Residential Zone, R-3.
(1)Principal permitted uses.
a.Single-family dwellings.
b.Two-family dwellings and.
c.Park, playground or community center owned and operated by a governmental agency.
d.Special event short-term rentals.
(2)Conditionally permitted uses.
a. Home occupations;
b. Daycare nurseries;
c. Mobile home parks;
d. Multi-family dwellings;
e. Assisted care dwellings;
f. Bed and breakfast;
g. Places of worship.;
h. Short-term rentals.
(3)Single-family dwellings.
a. Minimum ground floor area: No building shall be erected for residential purposes having
a ground floor area of less than eight hundred (800) square feet, exclusive of porches,
breezeways, terraces, garages and exterior and secondary stairways.
b. Minimum yard requirements.
1. Front yard: Twenty-five (25) feet.
2. Side yard: Six (6) feet.
3. Rear yard: Twenty-five (25) feet.
c. Minimum area requirements.
1. Minimum lot area: Eight thousand (8,000) square feet.
STAFF REPORT (continued) page 18 of 20
2. Minimum lot width: Fifty (50) feet.
d. Maximum building height: Thirty-five (35) feet.
e. Parking shall be per section 126-102 (2) (e).
(4)Two-family dwellings.
a. Minimum yard requirements.
1. Front yard: Twenty-five (25) feet.
2. Side yard: Six (6) feet.
3. Rear yard: Twenty-five (25) feet.
b. Minimum area requirements.
1. Minimum lot area: Four thousand (4,000) square feet per unit.
2. Minimum lot width: Fifty (50) feet (per structure).
c. Maximum building height: Thirty-five (35) feet.
d. Parking shall be per section 126-102 (2) (e).
(5) Multi-family dwellings.
a. Minimum yard requirements.
1. Front yard: Twenty-five (25) feet.
2. Side yard: Six (6) feet.
3. Rear yard: Twenty-five (25) feet.
b. Minimum area requirements.
1. Minimum lot area: Three thousand (3,000) square feet per unit.
2. Minimum lot width: Sixty (60) feet.
c. Maximum building height. None.
(6) Public parking areas.
a. A public parking area is permitted where the area abuts a business or industrial zone,
provided the Commission finds the public parking area not to be detrimental to the
adjoining residential area.
b. The public parking area shall be developed as required by section 126-71.
c. Provisions for a public parking area shall adhere to the setback requirements as listed in
the zone in which it is to be located, however, no setback is required along a rear property
line where the residential zone and the business or industrial zone join.
d. Screening requirements for a public parking area shall be the same as section 126-83.
e. The Commission shall require a landscape plan that includes provisions that at least ten
(10) percent of the entire site shall be landscaped. Parking lot lighting may be approved
provided that pole heights do not exceed fourteen (14) feet; lighting be directed inward to
the property and that no off-target lighting be allowed.
(7) Assisted care dwelling (conditionally permitted only)
a. Minimum yard requirements.
1. Front yard: Twenty-five (25) feet.
2. Side yard: Six (6) feet.
3. Rear yard: Twenty-five (25) feet.
b. Minimum area requirements.
1. Minimum lot area: Fifteen thousand (15,000) square feet.
2. Minimum lot width: One hundred (100) feet.
3. Maximum floor area ratio: Twenty-five (25): one (1)
c. Maximum building height: Thirty-five (35) feet.
d. Maximum pervious cover: Sixty (60) percent.
STAFF REPORT (continued) page 19 of 20
e. Parking shall be per section 126-71 and shall follow the group home formula. Additionally,
all parking areas and drives shall be paved and screened from adjoining residential
property. There shall be no parking in any side yard.
f. Landscaping. The open area on the lot not used for parking or building shall be landscaped
with grasses, vegetative groundcover, flowers, gardens, trees and shrubs; provided that not
more than seventy-five (75) percent of the open area is put into grass. Trees and shrubs
shall be installed at the following rate: One (1) tree and two (2) shrubs for every one
thousand (1,000) square feet of floor area.
g. Site lighting. Any outdoor light shall be directed inward to the property and there shall
be no off-target lighting. The maximum light pole height shall be ten (10) feet.
h. Approval. Approvals per section 126-75 apply to this subsection.
Sec. 126-110. Light Industrial Zone, M-1.
The following provisions shall apply in the M-1 Zone unless otherwise provided herein:
(1)Principal permitted uses.
a. Any use permitted in the B-3 Zone;
b. Any industrial, manufacturing, fabrication or processing use which does not emit
objectionable noise, smoke, odor or dust beyond the confines of its property;
c. Warehouses and storage buildings;
d. Public and commercial sewage disposal plant;
e.Towing or wrecker service;
e f. Any other use which, in the Commission's opinion, would be compatible in the B-3 Zone.
(2)Conditionally permitted uses.
a. Any other industrial use determined to be of the same general character as the above
permitted uses.
b. Animal hospital or kennel, located not closer than three hundred (300) feet to an R Zone.
c. Heliport.
(3)Minimum yard requirements.
a. Permitted uses having a total plan floor area of then thousand (10,000) square feet or less:
1. Front yard: Twenty-five (25) feet, except for highway strip uses for which a fifty
(50) foot front yard is required.
2. Side yard: Ten (10) feet.
3. Rear yard: None, except where abutted by a residential zone, in which case a rear
yard of twenty-five (25) feet.
4. No storage of materials or equipment shall be allowed in the minimum front yard.
b. Permitted uses with a total plan floor area of more than ten thousand (10,000) square feet:
1. Front yard: Fifty (50) feet.
2. Side yard: Twenty-five (25) feet.
3. Rear yard: None, except where abutted by a residential zone, in which case a rear
yard of twenty-five (25) feet.
(4)Minimum area requirements.
a. Permitted uses having a total plan floor area of four thousand (4,000) square feet or less:
1. Minimum lot area: Seven thousand, five hundred (7,500) square feet.
2. Minimum lot width: Sixty (60) feet.
b. Permitted uses with a total plan floor area of more than four thousand (4,000) square feet:
STAFF REPORT (continued) page 20 of 20
1. Minimum lot area: Fifteen thousand (15,000) square feet.
2. Minimum lot width: Seventy-five (75) feet.
(5)Maximum building height. None.
(6)Maximum lot coverage.
a. Principal structures: Fifty (50) percent of gross lot area.
b. Total coverage by principal structures, accessory structures and outside storage: Seventy (70)
percent of gross lot area.
STAFF RECOMMENDATION
Based upon the positive recommendation from the Planning Commission, staff recommends the
City Commission adopt the zoning text amendments contained herein.
ORDINANCE NO. 2022-______-_________
AN ORDINANCE AMENDING CHAPTER 126
OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO
DEFINITIONS, PLANNED UNIT DEVELOPMENT, QUALIFIED MANUFACTURED
HOMES, AWNINGS & CANOPIES, CRYPTOCURRENCY MINING, ACCESSORY
DWELLING UNIT (ADU), MEDIUM DENSITY RESIDENTIAL ZONE, AND LIGHT
INDUSTRY ZONE
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 March 7, 2022 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
126-3 Definitions; Section 126-70 Planned Unit Development; Section 126-79 Qualified
Manufactured Homes; Section 126-85 Awnings & Canopies; Section 126-97 Cryptocurrency
Mining; Section 126-98 Accessory Dwelling Unit (ADU); Section 126-104 Medium Density
Residential Zone, R-3; and Section 126-110 Light Industry Zone, M-1 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 the following
Sections of the Paducah Code of Ordinances as follows:
Sec. 126-3 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
Accessory building means a subordinate building located on the same lot as a principal building, or a
subordinate use of land, either of which is customarily incidental to the principal building or to the
principal use of the land. Where part of the wall of an accessory building is a part of the wall of
the principal building in a substantial manner as by a roof, such accessory building shall be
considered as part of the principal building. Local public utility, communication, electric
distribution, secondary power lines, gas lines, water lines, sewer lines, guy-wires, small
transformers, wires, cables and incidental equipment are considered accessory buildings or
structures.
Alley means a permanent public service way providing a secondary means of access to abutting lands.
Arterial highway strip commercial means commercial uses which front on the designated U.S.
highways in either the B-1 or the HBZ classifications.
Automobile service station means an establishment with the primary business function of the retail sale
of gasoline for passenger vehicle use and the minor service and repair work incidental to the
operation of passenger automobiles.
Bed and breakfast means an owner-managed and owner-occupied residential structure used as a lodging
establishment where a room or rooms are rented on a nightly basis and in which only breakfast is
included as part of the basic compensation.
Berth means the off-street area required for the receipt of, or distribution by vehicles of, material or
merchandise with a fourteen (14) foot height clearance, paved with a suitable dust preventative or
hard surface.
Block frontage means all the property fronting on one (1) side of a street between intersecting streets,
or between a street and the terminus of a dead-end street or the City boundary, measured along the
street line.
Board means the City of Paducah Board of Adjustment.
Building means any structure having enclosed space and a roof for the housing or enclosure of persons,
animals or chattels.
Building area means the maximum horizontal projected area of a principal or accessory building,
excluding open steps, terraces, unenclosed porches not exceeding one (1) story in height or
architectural appurtenances projecting not more than two (2) feet.
Building, detached, means a building having no party wall in common or structural connection with
another building.
Building, front line of, means the line of the face of the building nearest the front lot line.
Building, height of, means the vertical distance from the average contact ground level at the front wall
of a building to the highest point of the coping of a flat roof, to the deck line of a mansard roof or
to the mean height level between eaves and ridges for gable & hip or gambrel roofs.
Building line means the line nearest the front and across a lot establishing the minimum open space to
be provided between the front line of a building or structure and the front lot line.
Building, nonconforming, means a legally existing building which fails to comply with the regulations
set forth in this chapter applicable to the zone in which the building is located.
Building, principal, means a building in which is conducted the main or principal use of the lot on
which said building is situated.
Building, semidetached, means a building having one (1) party wall in common with an adjacent
building.
Business means the engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or
service; the maintenance or operation of offices, or recreational and amusement enterprises.
Carport means a structure consisting of a roof and either walls or columns for the purpose of housing
automotive vehicles and other chattels. Said structure shall be considered a building.
Cemetery means land used for the burial of the dead and dedicated for cemetery purposes, including
columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and
within the boundary of such cemetery.
City means the City of Paducah, Kentucky.
Clinic or medical center means an establishment where patients are admitted for special study and
treatment by two (2) or more licensed physicians and/or dentists and their professional associates,
as distinguished from a professional office for general consultation purposes.
Commission means the City of Paducah Planning Commission.
Conditional use means a use which would not impair the public health, safety or welfare in one (1) or
more zones, but which would impair the integrity and character of the zone in which it is located
or in adjoining zones unless restrictions on location, size, extent and character of performance are
imposed in addition to those imposed in the zoning regulations.
Conditional use permit means legal authorization to undertake a conditional use issued by the
administrative official pursuant to authorization by the Board of Adjustment consisting of two (2)
parts:
A statement of the factual determination by the Board of Adjustment which justifies the
issuance of the permit.
A statement of the specific conditions which must be met in order for the use to be
permitted.
Cottage home means a structure of not less than one hundred forty (140) square feet nor more than four
hundred (400) square feet intended for use as a permanent, single-family residence. A
manufactured home, mobile home, camper or recreational vehicle shall not be considered a cottage
home. A single cottage home may only be placed on lots smaller than eight thousand (8,000) square
feet.
County means McCracken County, Kentucky.
Courtyard means an open unoccupied space on the same lot with a building or group of buildings and
bounded on three (3) or more sides by such buildings.
Development plan means written and graphic material for the provision of a development plan,
including any or all of the following: location and bulk of buildings and other structures, intensity
of use, density of development, streets, ways, parking facilities, signs, drainage of surface water,
access points, a plan for screening or buffering, utilities, existing manmade and natural conditions,
and all other conditions agreed to by the applicant.
Dwelling means a building, or portion thereof, used primarily for residential occupancy, including
single-family, two-family and multi-family occupancy, but not including hotels, motels, short-term
rentals (includes special event short-term rentals) or bed and breakfasts.
Dwelling, assisted care, means a building, or portion thereof, consisting of five (5) or more bedrooms,
used for residential occupancy by a group. The dwelling is characterized by renters with separate
bedrooms for sleeping and shared common areas for reception, recreation, living, cooking, laundry
and the like. The dwelling is further signified by the presence of an employee(s) that provides
various services such as housekeeping, maintenance, cooking, security, personal care and
transportation. This definition is distinguished from, and is intended not to conflict with, KRS
100.982 and 100.984.
Dwelling, multi-family, means a building, or portion thereof, used for occupancy by three (3) or more
families living independently of each other.
Dwelling, single-family, means a building used for residential occupancy by one (1) family. A single-
family dwelling shall be stick-built, a modular home, a qualified manufactured home or a mobile
home located within a mobile home park. Structures or vehicles such as, but not limited to; storage
buildings, campers, recreational vehicles, garages, barns and shipping containers shall not be
utilized as a single-family dwelling.
Dwelling, two-family, means a building, or portion thereof, used for occupancy by two (2) families
living independently of each other. A two-family dwelling shall be stick-built, manufactured or
modular. Structures or vehicles such as, but not limited to; storage buildings, campers, recreational
vehicles, garages, barns and shipping containers shall not be utilized as a two-family dwelling.
Dwelling unit means a dwelling, or portion of a dwelling, used by one (1) family for cooking, living
and sleeping purposes.
Educational institution means a public, parochial or private preprimary, primary, or grammar school;
a high school, preparatory school or academy, that is public or founded, owned or conducted by or
under the sponsorship of a religious or charitable organization; a private preparatory school or
academy furnishing courses of instruction substantially equivalent to the courses offered by public
high schools for preparation of admission to colleges or universities which award BA or BS
degrees; a junior college or university, that is public or founded or conducted by or under the
sponsorship of a religious or charitable organization or a private school when not conducted as a
commercial enterprise for the profit of individual owners or stockholders. This definition shall not
be deemed to include trade or business schools as defined in this section.
Effective date hereof means October 26, 1976.
Enforcement officer means the Chief Building Official of the City or designee.
Family means one (1) or more persons living as a single housekeeping unit, as distinguished from a
group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include
servants.
Fence means a structure consisting of wood, metal, wire, mesh, masonry or other manufactured
material.
Floor area ratio (FAR) means the floor area of the building divided by the area of the lot.
Garage, private, means a detached accessory building or portion of a principal building, used for the
storage of self-propelled vehicles, in which the capacity does not exceed three (3) vehicles per
family housed in the building to which such garage is accessory and not more than one-third (1/3)
of the total number of vehicles stored in such garage shall be commercial vehicles. Storage space
for not more than three (3) vehicles may be utilized for vehicles of other than occupants of the
building to which such garage is accessory.
Garage, public, means any building, except those defined as a private garage, used for the storage or
care of motor vehicles, or where such vehicles are equipped for operation, repaired or kept for
remuneration, hire or sale.
Ground floor area means the square foot area of a building within its largest outside dimensions
computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways,
terraces, garages, exterior stairways and secondary stairways.
Ground level means for buildings having walls adjoining only one (1) street, the elevation at the front
lot line at the center of the wall adjoining the street; for buildings having walls adjoining more than
one street, the average elevation of the front lot line at the center of all walls adjoining the streets;
for buildings having no wall adjoining the street, the average level of the ground adjacent to the
exterior walls of the building. Any wall approximately parallel to and not more than five (5) feet
from a street is to be considered as adjoining the street.
Heliport means a facility for helicopters to take off and land.
Home occupation means any use conducted entirely within a residential dwelling and carried on
solely by the occupants thereof, which use is clearly incidental and secondary to the use of the
dwelling purposes and does not change the character thereof, and in connection with which there
is no display, no stock in trade or outside storage of equipment nor commodity sold upon the
premises and not more than two (2) persons are to engage in such occupation. In no event shall a
barbershop, beauty shop, tearoom, bed and breakfast or animal hospital be construed to be a home
occupation.
Hospital means a sanitarium, preventorium or clinic, provided such institution is operated by, or
treatment given under, the direct supervision of a physician licensed to practice by the State of
Kentucky.
Hotel or motel means a building, or portion thereof, or group of buildings in which lodging is provided
and offered to the public for compensation and which is open to transient guests, in
contradistinction to a lodging house.
Industrial, heavy, means those industries whose processing of products result in the emission of any
atmospheric pollutant, light flashes, glare, odor, noise or vibration which may be heard and/or felt
off the premises, and those industries which constitute a fire or explosion hazard.
Industry, light, means those industries whose processing of products results in none of the conditions
described for heavy industry.
Ingress/ egress easement means an open, unoccupied, officially designated space other than a street or
alley, permanently reserved for use as a means of access to abutting property.
Junkyard means any place at which personal property is, or may be salvaged, for reuse, resale, reduction
or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted,
including, but not limited to; use of salvaged base metal or metals, their compounds or
combinations; or used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick
and similar property which are used, owned or possessed for the purpose of wrecking or salvaging
parts therefrom.
Kennel means any lot or premises on which dogs or small animals are kept for commercial or sale
purposes. A non-commercial kennel at, in or adjoining a private residence where hunting or other
dogs are kept for the hobby of the householder (i.e., hunting, tracking or exhibiting) or for guarding
or protecting the householder's property is permitted in residential zones, provided that such dogs
or small animals do not constitute a nuisance to the neighborhood.
Lodging house means a building with more than two (2) but not more than five (5) guest rooms where
lodging with or without meals is provided for compensation for a period of time not to exceed six
(6) months for each guest.
Lot means a piece, parcel, plot, tract or area of land occupied or capable of being occupied by one (1)
principal building and the accessory buildings or uses customarily incidental to it, and including
the open spaces required under this chapter, and having its principal frontage on a street or
ingress/egress easement.
Lot, corner, means a lot at a junction of, and fronting on, two (2) or more intersecting streets.
Lot coverage means the percentage of the lot area covered by the building area.
Lot, interior, means a lot other than a corner or through lot.
Lot line, front, means, in the case of an interior lot; a line separating the lot from the street or ingress/
egress easement and, in the case of a corner lot; the line designated by deed, plat or subdivision
requirements.
Lot line, rear, means a lot line which is opposite and most distant from the front lot line and, in the case
of an irregular or triangular shaped lot; a line ten (10) feet in length within the lot, parallel to and
at the maximum distance from the front lot line.
Lot line, side, means any lot boundary line not a front lot line or a rear lot line.
Lot, through, means a lot having frontage on two (2) parallel or approximately parallel streets.
Lot width means the dimension of a lot at the building setback line.
Manufactured home means a single-family dwelling unit constructed in accordance with the National
Manufactured Housing Construction and Safety Standards Act of 1974, as amended, and
manufactured after June 15, 1976, which is designed to be transported across streets and highways
to a point of use, and is equipped with the necessary service connections, and includes the
plumbing, heating, air conditioning and electrical systems contained therein, and made so as to be
readily movable as a unit.
Mobile home means any vehicle, including the equipment sold as a part of a vehicle, which is so
constructed as to permit its being used as a conveyance upon public streets or highways by either
self-propelled or non-self-propelled means, which is designed, constructed or reconstructed, or
added to by means of an enclosed addition or room, in such a manner as will permit the occupancy
thereof as a dwelling or sleeping place for one (1) or more persons, which is both used and occupied
as a dwelling or sleeping place, having no foundation other than wheels, jacks, skirting or other
temporary supports.
Mobile home park means an area of land upon which two (2) or more mobile homes are harbored for
the purpose of being occupied either free of charge or for revenue purposes and shall include any
building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such
mobile home park.
Nursing home means an establishment which provides full-time convalescent or chronic care, or both,
for four (4) or more individuals who are not related by blood or marriage to the operator and who,
by reason of chronic illness or infirmity, are unable to care for themselves. Neither care for the
acutely ill nor surgical or obstetrical services shall be provided in such a home. A hospital or
sanitorium shall not be construed to be included in this definition.
Parking area, public, means an open off-street area, designed for use or used for the temporary parking
of motor vehicles when available for public use, whether free or for compensation or as an
accommodation for clients or customers.
Parking space (off-street) means an off-street space accessible from a street, alley or ingress/ egress
easement with a minimum width of nine (9) or ten (10) feet, depending on land use. The minimum
length of such space shall be contingent upon the degree or angle of the space and the
maneuverability area required. As a guide to establishing a minimum length, the Commission shall
refer to Illustration No. 1 in the appendix immediately following this chapter.
Person means and includes a firm, association, organization, partnership, trust, company or corporation
as well as an individual.
Personal and convenience services means a business offering services such as barbershops, beauty
shops, laundromats, laundry and dry-cleaning pickup and delivery stations (but excluding actual
laundry operations) and similar uses.
Planting screen or landscape screen means a completely planted visual barrier composed of evergreen
plants and trees arranged to form both a low-level and a high-level screen. The high-level screen
shall consist of evergreen trees or shrubs planted with specimens having an initial height above
ground when planted of not less than five (5) feet and planted at intervals of not more than eight
(8) feet on-center. The low-level screen shall consist of evergreen shrubs having an initial height
above ground when planted of not less than two (2) feet and spaced at intervals of not more than
four (4) feet on-center. The low-level screen shall be planted in alternating rows to produce a more
effective barrier.
Professional office means offices of members of recognized professions such as physicians, surgeons,
lawyers, engineers, dentists and architects.
Retaining wall means a physical barrier necessary to prevent the erosion and/or deterioration of an
established elevation.
Short-term rental means a dwelling or room that is rented, leased or assigned for a tenancy for less than
thirty (30) consecutive days in duration and where no meals are served or provided by the host to
any guest. A short-term rental may be owner occupied or non-owner occupied.
Short-term rental, special event, means a dwelling or room that is rented, leased or assigned for a
tenancy for less than seven (7) days a year and where no meals are served or provided by the host
to any guest. A special event short-term rental may be owner occupied or non-owner occupied.
There shall be a maximum of two (2) permits issued a year.
Sight triangle means a triangular space at the street corner of a corner lot, free from any kind of
obstruction to vision between the heights of two and one-half (2 ½) and twelve (12) feet above
established grade, determined by a diagonal line connecting two (2) points measured fifteen (15)
feet equidistant from the street right-of-way corner along each property line.
Street means a right-of-way, other than an alley or ingress/ egress easement, dedicated or otherwise
legally established for public use, usually affording the principal means of access to abutting
property.
Structural alteration means any change in the supporting members of a building, such as bearing walls,
partitions, columns, beams or girders; or any substantial change in the exterior walls or the roof.
Structure means anything constructed or made, the use of which requires permanent location in or on
the ground or attachment to something having a permanent location in or on the ground including,
buildings and signs.
Towing or wrecker service means a person engaged in the business, or offering the services of, a vehicle
towing or wrecker service, whereby motor vehicles are towed or otherwise removed from the place
where they are parked or disabled by use of a truck, automobile or other vehicle so adapted to that
purpose, or in the business of storing operable or disabled motor vehicles.
Trade or business school means a secretarial school or college; or business school or college, that is
not public and not owned or conducted by or under the sponsorship of a religious or charitable
organization; or a school conducted as a commercial enterprise for teaching instrumental music,
dancing, barbering or hairdressing, or for teaching industrial skills in which machinery is employed
as a means of instruction. This definition shall not be deemed to include an educational institution
as defined in this section.
Use means the employment or occupation of a building, structure or land for a person's service, benefit
or enjoyment.
Use, nonconforming, means an existing use of land or building which was legal prior to the effective
date hereof, but which fails to comply with the requirements set forth in this chapter applicable to
the zone in which such use is located.
Use, open, means the use of a lot without a building or including a building incidental to the open use
with a ground floor area equal to five (5) percent or less of the area of the lot.
Variance, dimensional, means departure from the terms of the zoning regulations pertaining to height
or width of structures and size of yard and open spaces where such departure will not be contrary
to the public interest, and where, owing to conditions peculiar to the property because of its size,
shape or topography, and not as a result of the action of the applicant, the literal enforcement of the
zoning regulations would result in unnecessary and undue hardship.
Yard means a space on the same lot with a principal building that is open and unoccupied other than by
steps, walks, terraces, driveways, lampposts and similar appurtenances, and unobstructed by
structures, except as otherwise provided in this chapter.
Yard, front, means a yard extending across the full width of the lot, between two (2) side lot lines, the
depth of which is the least distance between the street right-of-way and the building line.
Yard, rear, means a yard extending across the full width of the lot between the two (2) side lot lines
and between the rear line and a line parallel to, and coexisting with, the rear of the principal
building.
Yard, side, means a yard bounded by the rear yard, the front yard, the side lot line and the principal
building.
Zoning map means the official zoning map of the City.
Sec. 126-70 Planned unit development (PUD).
The purpose of this section is to establish a more flexible procedure for the approval[, by the Commission,
] of development plans [for large tracts of land and] to encourage proper design by providing for the
submission of such development plans by prospective developers. Tracts of land[, as herein described, to
be used for residential, commercial or industrial zone purposes, or certain combinations thereof, ] may be
developed as a unit according to the following provisions:
(1) Land deemed one (1) lot. Any parcel of land including any interior [street (or streets) ] streets
which is designed [as] and used for a planned unit development may be deemed to be one (1) lot.
[(2) Area requirements. In order that a tract be considered a planned unit development it must contain
at least:
a. Two (2) acres if used for residential purposes only in an R-2 zone; three (3) acres if used for a
combination of residential and business uses or business uses exclusively in an R-3 or R-4 zone.
b. Six (6) acres if used for residential purposes in an R-1 or R-2 zone; eight (8) acres if used for a
combination of residential and business uses in an R-1 or R-2 zone.
c. Three (3) acres if used for a combination of residential and business uses in a POP, B-1, B-3 or
HBD zone and six (6) acres if used for business purposes only in a POP, B-1, B-3 or HBD zone.
d. Ten (10) acres if used for industrial purposes in an industrial zone; fifteen (15) acres if used for a
combination of uses within an industrial zone; however, if used for commercial purposes only in an M-1 or
M-2 zone there shall be a minimum of five (5) acres. ]
(3 2) Applicability of zoning provisions. In any planned unit development, although it is permissible to
depart from literal conformance with the individual lot dimension and area provisions, there shall be no
decrease in the total equivalent lot area, parking area, and loading-/unloading area provisions that would be
necessary for the equivalent amount of individual lot development. The Planning Commission may allow
reductions in these provisions[, however, ] upon proof by the developer that efficiencies of large-scale
development may permit such reductions without destroying the intent of this [article] Article.
(4 3) Application requirements [and preliminary plans].
a. An application for the establishment of a planned unit development shall be filed with the
Department of Planning [and Zoning Administrator ten (10) ] twenty-one (21) days prior to the meeting at
which it is to be acted on and shall [be accompanied by 12 copies of a preliminary development plan
containing] contain the following information:
1. The proposed name and location of the PUD[, and names and addresses of all adjacent property
owners and owners of the proposed PUD];
2. The names and address of all adjacent property owners and owners of the proposed PUD;
23. Vicinity map;
34. A complete and accurate legal description of the proposed PUD property;
45. A tabulation of the total acreage of the site designated for various uses (i.e., parking, all structures,
residential or commercial areas, streets, parks, [or] playgrounds, etc.);
56. Location of all structures in the PUD and proposed building densities (units per acre);
67. [Preliminary] Major or minor subdivision plat, if the site is being subdivided[, showing layout of
all lots, which shall comply with the subdivision regulations];
78. Proposed circulation pattern, including private and public streets;
89. Parking layout with two (2) spaces per dwelling unit.
10. Detailed landscaping plans, including and designating the type of buffer or landscape screens
placed between abrupt changes of land use.
11. Detailed engineering plans or final subdivision plat showing site grading, street improvements,
drainage and public utility locations.
12. Other conditions as applicable to the planned unit development.
13. Covenants and any other agreements concerning construction, operation and administration of the
area such as green areas, housing corporations, etc.
b. [In addition to the standards for development as outlined above, the Commission shall also require
all access points to the same arterial streets to be located no more frequently than three hundred thirty
(330) feet. ] Access points to the same arterial street shall be at least three hundred thirty (330) feet
apart.
(5 4) Procedure for approval[; hearing; submission of final plans; time limit for commencement of
construction. ]
a. Upon receipt of an application and site plan of the proposed development, the Planning
Commission shall hold a public hearing [as set out in KRS ch. 100 ]. The Planning Commission [may
approve, in concept, the preliminary development plans and] shall have the authority to attach conditions
to said plans to ensure [that] there is no departure from the intent of this [article] Article. [Failure to submit
a final development plan for Planning Commission approval within one (1) year of approval of preliminary
plans shall terminate all proceedings and render the preliminary plans null and void.
b. Twelve copies of the final development plans shall be submitted to the Planning and Zoning
Administrator for submission to the Planning Commission and shall include the following:
1. All those requirements designated for submission with the preliminary plans;
2. Detailed landscaping plans, including and designating type of buffer or landscape screens placed
between abrupt changes of land uses;
3. Detailed engineering plans or final subdivision plat showing site grading, street improvements,
drainage and public utility locations;
4. Other conditions as applicable to the planned unit development;
5. Covenants, and any other agreements concerning construction, operation and administration of the
area such as green areas, housing corporations, etc. ]
c b. Upon approval of all the above by the Planning Commission, building permits may be issued by
the [Building Inspector] Fire Prevention Division provided all conditions have been met.
d c. Construction shall be initiated within one (1) year from the date of [final] approval by the Planning
Commission [of the PUD. ] The Planning Commission may[, however, ]grant an extension to the [applicant]
petitioner, provided that:
1 . A formal written request for the extension is presented to the Planning Commission at least ninety (90)
days prior to the deadline; and
2. The written request explains the reasons that construction was not initiated within the time allotted. The
Planning Commission shall [review the original application and final development plans and shall] inform
the [requestor] petitioner of [it’s] the final decision within thirty-one (31) [31] days from the receipt of the
request.
e d. If the PUD is developed in stages, the total area will be reviewed at the public hearing and each
successive stage shall be approved according to subsection (5) b of this section [as it is submitted].
f e. The site of the approved PUD shall be marked on the official zoning map of the City.
(5) Staff approval. In the event a proposal conforms with the requirements of the underlying zone,
staff may approve said proposal in accordance all applicable ordinances and site plan requirements.
Sec. 126-79. Qualified manufactured homes Manufactured homes and mobile homes.
Qualified manufactured [Manufactured and mobile] homes are permitted in the R-2, R-3 and R-4 [districts]
Zones for single-family residential purposes with the following provisions which shall be made prior to
occupancy [(except as noted herein): ]. Qualified manufactured homes shall be subject to the zone
requirements for single-family residential structures in addition to the following:
(1) Manufactured [and mobile] homes must be a qualified manufactured home that meets
the following criteria:
a. Is manufactured on or after July 15, 2002.
b. Is affixed to a permanent foundation, [and ] is connected to the appropriate
facilities and is installed in compliance with KRS 227.570. The term "permanent
foundation" means a system of supports that is:
1. Capable of transferring, without failure, into soil or bedrock, the maximum
design load imposed by or upon the structure.
2. Constructed of concrete [with continuous masonry skirting/screening
system].
3. Placed at a depth below grade adequate to prevent frost damage.
c. Has a width of at least twenty (20) feet at its smallest width measurement or is
two (2) stories in height.
d. The structure must be oriented on the lot or parcel so that its main entrance door
faces the street.
e. Is not located in a manufactured home land-lease community. Manufactured homes in a
land-lease community shall comply with section [126-70] 126-69.
f. The structure is compatible, in terms of assessed value, with single-family housing stock
located within a [one-eighth-mile] one-eighth (1/8) mile or less radius.
(2) Compatibility Standards. Proposed qualified manufactured homes shall meet the following
compatibility standards as they relate to single-family housing stock within a one-eighth
(1/8) mile or less of the site.
a. The square feet of living space shall be within one-thousand (1,000) square feet of
living space on the ground floor as other housing stock, but in no case shall be less
than one-thousand (1,000) square feet in the R-2 Zone and nine-hundred (900)
square feet in the R-3 and R-4 Zones.
b. The roof pitch shall be within two (2) inches of rise as other housing stock but in
no case shall be less than 3:12.
c. The exterior finishing materials shall be consistent with other housing stock.
[The compatibility standards must ensure that when a qualified manufactured home is placed in a
residential zone it is compatible, in terms of assessed value, with existing housing located within a
one-eighth-mile or less radius from the proposed located of the qualified manufactured home. The
compatibility standards shall relate to architectural features that have a significant impact on the
overall assessed value of the structure, including but not limited to:
a. Square foot of livable space.
b. The roof pitch and materials.
c. Type of siding (brick, stucco, vinyl, etc.).
d. Screening/skirting system.
e. Existence and type of structures.
f. Documentation of compatibility shall be submitted to the Department of
Inspection with the Building Permit Application. The Zoning Administrator shall
make the final compatibility determination. ]
(3) All wheels, springs, axles, lights and towing apparatus shall be removed.
(4) The roof covering shall be shingle or metal.
(5) The foundation shall be screened with masonry block or brick.
(4 6) If no single-family structures exist within one-eighth (1/8) of a mile or if the home is
proposed in a commercial or industrial zone, the following minimum standards shall apply:
a. The structure shall have a gable or hipped [roofing system] roof pitched at least
three (3) inches of rise over twelve (12) inches of run, covered with shingles, ribbed
metal or standing seam metal. [(wood, asphalt or fiberglass) or other HUD factory
approved materials. Corrugated metal, corrugated fiberglass, or rolled roofing
materials are not allowed in retrofitted structures. Deck and pre-manufactured
carport roofs are exempt. ]
b. The structure shall be sided with wood, aluminum, [or] vinyl, brick or stucco
[insofar as it has a shingled or horizontal clapboard appearance; or brick; or stucco.
c. Permanent steps attached to the structure may not encroach into any required
yard setback line. ]
(5) (7) [A minimum of two off-street parking spaces. Design shall be per section 126-71.
Improvements must be made within six (6) months of occupancy. ] One (1) qualified
manufactured home shall be located on one (1) lot. However, if a qualified manufactured
home is proposed to abridge one or more property lines due to limited space, a deed must be
recorded at the McCracken County Clerk’s office showing each lot or parcel as lot or parcel
A, B, C, etc. within one (1) legal description. A copy of said deed shall be submitted to the
Department of Planning within three (3) months of application approval. In no case shall a
qualified manufactured home abridge a property line if it can fit onto one (1) lot.
(8) No type of manufactured housing shall be permitted in the following zones:
R-1 Low Density Residential Zone, NSZ Neighborhood Services Zone, NCCZ Neighborhood
Commercial Corridor Zone, H-1 Historic Commercial Zone, H-2 Historic Neighborhood Zone, POP
Planned Office Park, HM Hospital Medical Zone, MU Mixed-Use Zone, B-2-T Downtown Business
Townlift Zone and A-1 Civic Center Zone.
Sec. 126-85. Awnings & Canopies and canopies.
(a) Awnings/canopies shall be permitted in all zoning districts within the City of Paducah subject to
the following requirements.
(b) Awnings/canopies on private property.
(c) Awnings/canopies over public areas.
(d) Application. No awnings/canopies, except as specifically exempted herein, shall be displayed,
erected, relocated or altered until a permit has been issued by the [Department of Inspection] Fire
Prevention Division. An application for a permit shall include, but shall not be limited to the
following:
(1) A completed application form.
(2) A site plan and/or building elevations drawn to scale showing the locations of the proposed
location of the awnings/canopies on the lot and/or building, including setbacks.
(3) Detailed awning information including type of construction, method of installation and or
erecting and other similar information.
Sec. 126-97. Cryptocurrency mining.
This activity typically involves the solving of algorithms as part of the development and maintenance of a
blockchain which is a type of distributed ledger maintained on a peer-to-peer network. Typical physical
characteristics of cryptocurrency mining include specialized computer hardware for mining operations as
well as equipment to cool the hardware and operating space. For the purposes of the associated regulations,
cryptocurrency mining does not include the exchange of cryptocurrency nor does it encompass the use,
creation or maintenance of all types of peer-to-peer distributed ledgers.
(1) Definitions.
(a) Blockchain. A system in which a record of transactions made in a cryptocurrency are
maintained across several computers that are linked in a peer-to-peer network.
(b) Cryptocurrency. A digital currency in which transactions are verified and records maintained
by a decentralized system using cryptography, rather than by a centralized authority, such as
a bank.
(c) Cryptocurrency mining. the process where specialized computers, also known as nodes or
mining rigs, validate blockchain transactions for a specific cryptocoin and, in turn, receive a
mining reward for their computational effort.
(d) Distributed ledger. A type of database that is shared, replicated and synchronized among the
members of a decentralized network. The distributed ledger records transactions, such as the
exchange of assets or data, among the participants in the network.
(e) Peer-to-peer network. A network of computers configured to allow certain files and folders
to be shared with everyone or with selected users.
(2) Locations.
Proposed cryptocurrency mining may take place in the following zones, subject to the following:
(a) B-3 (General Business Zone). All cryptocurrency mining operations shall take place in an
enclosed building not to exceed one hundred five thousand (105,000) square feet.
(b) M-1 (Light Industrial), M-2 (Heavy Industrial) and M-3 (High Density Heavy Industrial). All
cryptocurrency mining operations, server farms or data centers, including all ancillary
equipment for purposes such as cooling, shall be designed, constructed, operated and
maintained so as to be harmonious and appropriate with the existing or intended character of
the surrounding properties. No smoke, noise, odor, glare, heat, vibration or dust shall extend
beyond the property line.
(c) POP (Planned Office Park). Cryptocurrency mining operations shall be a principal permitted
use, subject to the following:
1. All cryptocurrency mining operations, server farms or data centers and all ancillary
equipment, shall be located at least five hundred (500) feet from any residential property
line or residential zone in the City of Paducah or in McCracken County.
2. A screen of evergreen vegetation shall be installed at all property lines. Said vegetation
shall be installed pursuant to Section 126-83 of the Paducah Zoning Ordinance.
(3) General regulations.
(a) Electric and magnetic fields shall not be created that adversely affect the public health,
safety and welfare including, but not limited to; interference with the normal operation of
equipment or instruments including normal radio, television, telephone or cell phone
reception from off the premises where the mining is conducted.
(b) The mining activity will not cause electrical interference or fluctuations in line voltage on
and off the operating premises.
(c) Adequate capacity shall be available on the applicable supply lines and associated
substations to ensure capacity is available for other needs of the area served.
(d) Commercial cryptocurrency mining is prohibited as a home occupation or accessory to
any other land use.
Sec. 126-98. Accessory dwelling unit (ADU).
Accessory dwelling units (ADUs) shall be principally permitted in every zone in the City. ADUs shall not
constitute a dwelling unit for purposes of calculating density. All ADUs are subject to the following:
(1) One (1) ADU may be permitted per single-family residential dwelling per lot. The property owner
must reside in either the principal dwelling or the ADU as their permanent residence.
(2) ADUs are permitted in the rear yard only if not contained within the footprint of the home.
(3) The maximum ADU size is fifty (50) percent of the rear yard behind the principal dwelling, not to
exceed the ground floor area of the principal dwelling.
(4) ADUs are permitted on lots that do not meet the minimum lot area or width standards for the
underlying zone. However, setbacks of the underlying zone must be met.
(5) Any exterior stair cases used to access a second story or higher ADU shall be located to the
side or behind the principal dwelling.
(6) The maximum height of ADUs shall not exceed the height of the principal dwelling.
(7) One (1) additional parking space shall be required.
(8) An ADU may be utilized as a short-term rental or special event short-term rental, subject to the
requirements contained within the Paducah Zoning Ordinance.
Sec. 126-104. Medium Density Residential Zone, R-3.
(1) Principal permitted uses.
a. Single-family dwellings.
b. Two-family dwellings [and].
c. Park, playground or community center owned and operated by a governmental agency.
d. Special event short-term rentals.
(2) Conditionally permitted uses.
a. Home occupations;
b. Daycare nurseries;
c. Mobile home parks;
d. Multi-family dwellings;
e. Assisted care dwellings;
f. Bed and breakfast;
g. Places of worship.;
h. Short-term rentals.
(3) Single-family dwellings.
a. Minimum ground floor area: No building shall be erected for residential purposes having
a ground floor area of less than eight hundred (800) square feet, exclusive of porches,
breezeways, terraces, garages and exterior and secondary stairways.
b. Minimum yard requirements.
1. Front yard: Twenty-five (25) feet.
2. Side yard: Six (6) feet.
3. Rear yard: Twenty-five (25) feet.
c. Minimum area requirements.
1. Minimum lot area: Eight thousand (8,000) square feet.
2. Minimum lot width: Fifty (50) feet.
d. Maximum building height: Thirty-five (35) feet.
e. Parking shall be per section 126-102 (2) (e).
(4) Two-family dwellings.
a. Minimum yard requirements.
1. Front yard: Twenty-five (25) feet.
2. Side yard: Six (6) feet.
3. Rear yard: Twenty-five (25) feet.
b. Minimum area requirements.
1. Minimum lot area: Four thousand (4,000) square feet per unit.
2. Minimum lot width: Fifty (50) feet (per structure).
c. Maximum building height: Thirty-five (35) feet.
d. Parking shall be per section 126-102 (2) (e).
(5) Multi-family dwellings.
a. Minimum yard requirements.
1. Front yard: Twenty-five (25) feet.
2. Side yard: Six (6) feet.
3. Rear yard: Twenty-five (25) feet.
b. Minimum area requirements.
1. Minimum lot area: Three thousand (3,000) square feet per unit.
2. Minimum lot width: Sixty (60) feet.
c. Maximum building height. None.
(6) Public parking areas.
a. A public parking area is permitted where the area abuts a business or industrial zone,
provided the Commission finds the public parking area not to be detrimental to the
adjoining residential area.
b. The public parking area shall be developed as required by section 126-71.
c. Provisions for a public parking area shall adhere to the setback requirements as listed in
the zone in which it is to be located, however, no setback is required along a rear property
line where the residential zone and the business or industrial zone join.
d. Screening requirements for a public parking area shall be the same as section 126-83.
e. The Commission shall require a landscape plan that includes provisions that at least ten
(10) percent of the entire site shall be landscaped. Parking lot lighting may be approved
provided that pole heights do not exceed fourteen (14) feet; lighting be directed inward to
the property and that no off-target lighting be allowed.
(7) Assisted care dwelling [(conditionally permitted only) ] .
a. Minimum yard requirements.
1. Front yard: Twenty-five (25) feet.
2. Side yard: Six (6) feet.
3. Rear yard: Twenty-five (25) feet.
b. Minimum area requirements.
1. Minimum lot area: Fifteen thousand (15,000) square feet.
2. Minimum lot width: One hundred (100) feet.
3. Maximum floor area ratio: Twenty-five (25): one (1)
c. Maximum building height: Thirty-five (35) feet.
d. Maximum pervious cover: Sixty (60) percent.
e. Parking shall be per section 126-71 and shall follow the group home formula. Additionally,
all parking areas and drives shall be paved and screened from adjoining residential
property. There shall be no parking in any side yard.
f. Landscaping. The open area on the lot not used for parking or building shall be landscaped
with grasses, vegetative groundcover, flowers, gardens, trees and shrubs; provided that not
more than seventy-five (75) percent of the open area is put into grass. Trees and shrubs
shall be installed at the following rate: One (1) tree and two (2) shrubs for every one
thousand (1,000) square feet of floor area.
g. Site lighting. Any outdoor light shall be directed inward to the property and there shall
be no off-target lighting. The maximum light pole height shall be ten (10) feet.
h. Approval. Approvals per section 126-75 apply to this subsection.
Sec. 126-110. Light Industrial Zone, M-1.
The following provisions shall apply in the M-1 Zone unless otherwise provided herein:
(1) Principal permitted uses.
a. Any use permitted in the B-3 Zone;
b. Any industrial, manufacturing, fabrication or processing use which does not emit
objectionable noise, smoke, odor or dust beyond the confines of its property;
c. Warehouses and storage buildings;
d. Public and commercial sewage disposal plant;
e. Towing or wrecker service;
e f. Any other use which, in the Commission's opinion, would be compatible in the B-3 Zone.
(2) Conditionally permitted uses.
a. Any other industrial use determined to be of the same general character as the above
permitted uses.
b. Animal hospital or kennel, located not closer than three hundred (300) feet to an R Zone.
c. Heliport.
(3) Minimum yard requirements.
a. Permitted uses having a total plan floor area of then thousand (10,000) square feet or less:
1. Front yard: Twenty-five (25) feet, except for highway strip uses for which a fifty
(50) foot front yard is required.
2. Side yard: Ten (10) feet.
3. Rear yard: None, except where abutted by a residential zone, in which case a rear
yard of twenty-five (25) feet.
4. No storage of materials or equipment shall be allowed in the minimum front yard.
b. Permitted uses with a total plan floor area of more than ten thousand (10,000) square feet:
1. Front yard: Fifty (50) feet.
2. Side yard: Twenty-five (25) feet.
3. Rear yard: None, except where abutted by a residential zone, in which case a rear
yard of twenty-five (25) feet.
(4) Minimum area requirements.
a. Permitted uses having a total plan floor area of four thousand (4,000) square feet or less:
1. Minimum lot area: Seven thousand, five hundred (7,500) square feet.
2. Minimum lot width: Sixty (60) feet.
b. Permitted uses with a total plan floor area of more than four thousand (4,000) square feet:
1. Minimum lot area: Fifteen thousand (15,000) square feet.
2. Minimum lot width: Seventy-five (75) feet.
(5) Maximum building height. None.
(6) Maximum lot coverage.
a. Principal structures: Fifty (50) percent of gross lot area.
b. Total coverage by principal structures, accessory structures and outside storage: Seventy
(70) percent of gross lot area.
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 Chapter 424.
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, _____________________
Adopted by the Board of Commissioners, _______________________
Recorded by the City Clerk, ______________________________
Published by The Paducah Sun, ___________________________
ord\126 - Zoning Code Update 2022
Agenda Action Form
Paducah City Commission
Meeting Date: April 12, 2022
Short Title: Zoning Text Amendment for Signage - J SOMMER
Category: Ordinance
Staff Work By: Josh Sommer, Nicholas Hutchison
Presentation By: Josh Sommer
Background Information: Zoning Text Amendment to bring the sign code into compliance with Federal
Law and simplifying signage requirements
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: This aligns with the Downtown Priority and the Annexation/
Planned Growth priority.
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: Staff recommends approval
Attachments:
1.126-76 Sign Regulations Repeal & Replace 2022
2.Signed Resolution Zoning Text Amendments
TEXT AMENDMENT
PADUCAH CITY COMMISSIONT
PROCEDURAL NOTE
Zoning text amendments are first heard before the Paducah Planning Commission at a public
hearing, pursuant to KRS 100.211 (2). The Planning Commission has forwarded a positive
recommendation to the City Commission for the adoption of the following text amendment on
March 7, 2022.
CONSIDERATIONS
As currently written, the sign code does not provide a great amount of uniformity in throughout
residential zones, historical zones and throughout commercial/ industrial zones. Additionally,
in 2015, the United States Supreme Court found in the case of Reed vs. Town of Gilbert that a
city cannot regulate signage based on content because it is a violation of the First Amendment.
Therefore, Planning Staff is proposing a completely new sign code. The revised sign code
standardizes all signs in residential zones, in historic zones and in all commercial/ industrial
zones. The intent is to make it easier for new signage to be permitted and placed. Further, the
sign code is revised to be content-neutral. However, signs can be regulated based on time, place,
manner and size. Staff utilized the Kentucky League of Cites model ordinance as a guide in
developing the new sign code. The sign code contained herein is the proposed new sign code
that would replace the existing code.
The proposed new sign code would be 13 pages, as opposed to 22 pages that currently exist.
TEXT AMENDMENT
The proposed amendment is as follows:
Sec. 126-76. - Sign regulations.
(a)Purpose. It is the purpose of this section to establish regulations for the control of signs within the
zoning jurisdiction of the City of Paducah. The intent of this section is to support the use of signs to
aid the public in the identification of businesses, activities and to assist the public in its orientation
CASE NO.TXT2022-0001 Continued
TITLES 126-76 Sign Regulations
DESCRIPTION Text change to provide for:
Repeal and replace the sign code in it’s entirety to standardize sign sizes
in residential, historic and commercial/industrial zones and to comply
with Reed v Town of Gilbert
STAFF REPORT (continued) page 2 of 14
within the City. It is also the intent of this section to protect the public from the confusion created by
the objectionable effects of advertising excesses, from the danger of unsafe signs and from the
degradation of the aesthetic qualities of the City. Further, it is the intent of this section to protect
constitutional rights to free speech. These regulations promote the health, safety and general welfare
through a system of reasonable, non-arbitrary and non-discriminatory control of the placement,
character, size, height, location and illumination of signs.
(b)Findings. The City of Paducah finds that the standards and procedures in this chapter:
(1) Implement the goals and policies of the comprehensive plan by establishing uniform standards and
procedures to control the size, type, number, design, placement, illumination, and maintenance of
signs.
(2) Protect public health and safety by:
a. Minimizing visual distractions and obstructions that contribute to traffic accidents;
b. Prohibiting signs that constitute a traffic hazard or obstruct the visibility of motorists, bicyclists
or pedestrians, or cause confusion by virtue of visual similarity to traffic control signs;
c. Reducing hazards caused by signs that overhang or project over public rights-of-way;
d. Providing more visual open space; and
e. Preventing potential deterioration of the City’s appearance and attractiveness that would create
a blighting influence.
(3) Encourage signs that are attractive and function for the type of establishment to which they pertain;
(4) Encourage signs that are in scale and architectural harmony with the project site, project buildings,
adjacent buildings and development in the zone or neighborhood in which they are located;
(5) Reduce visual clutter and physical obstructions caused by the proliferation of signs that could
diminish the City’s image, property values and quality of life;
(6) Keep signs within a reasonable scale with respect to buildings to which they relate;
(7) Encourage the upgrading, updating or removal of signs that are poorly maintained, out of character
with their surroundings, or do not conform to this chapter; and
(8) Prevent signs that are potentially dangerous to the public due to structural deficiencies and
disrepair.
(c)Applicability and message neutrality.
(1) Applicability. Any sign erected, placed, established or created that is visible from a public right-
of-way, adjacent property or outdoor area of public property shall be in conformance with the
standards, procedures and requirements of this chapter. All signs that are not expressly allowed by
this chapter or exempt hereunder are prohibited.
(2) Message neutrality. This chapter regulates signs in a manner consistent with the speech freedoms
of both the United States and the Kentucky Revised Statutes and is content neutral.
Notwithstanding any other provision of this chapter, no sign is subject to any limitation based on
its content.
(d)Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them, except where the context clearly indicates a different meaning:
(1) Abandoned sign. A sign that:
STAFF REPORT (continued) page 3 of 14
(a) By reason of neglect, damage or deterioration requires repair; and
(b) The owner, or other party responsible for maintaining the sign, fails to undertake and complete
the repairs within thirty (30) days after written notice to do so from the City.
(2) Advertising sign. A sign which directs attention to a business, product, service activity or
entertainment, sold or offered elsewhere than on the premises where such sign is located. Such
sign includes billboards and off-premises signs.
(3) Air-inflated sign. A sign which maintains shape by air pressurization.
(4) Animated sign. Any sign depicting action, motion, light or color changes through electrical or
mechanical means.
(5) Area of sign.
(a) The area of a sign shall be considered to include all lettering, wording and accompanying
designs and symbols, together with the background on which they are displayed, any frame
around the sign and any “cutouts” or extensions, but shall not include any supporting structure
or bracing.
(b) The area of a sign shall consist of individual letters or symbols attached to or painted on a
surface, building, wall or window, and shall be considered to be that of the smallest rectangle
which encompasses all elements of said sign.
(c) The area of a sign which is other than rectangular in shape shall be determined as the area of
the smallest rectangle which encompasses all elements of said sign.
(d) The area of a sign which consists of a three-dimensional object shall be considered to be the
area of the largest vertical cross-section of that object.
(e) Only one (1) side shall be counted in computing the area of a double-faced sign.
(6) Awning. A fabric overhead projection from a building façade intended to provide shelter from
wind, sun or rain for passing pedestrians and window shoppers.
(7) Banner. Any sign of lightweight fabric, vinyl or similar material. Flags and pennants shall not be
considered a banner.
(8) Building marker. Any sign indicating only the name of a building, the date of construction or
incidental information about its construction, which is cut into a masonry surface or made of a
permanent material and permanently affixed to the building.
(9) Campus sign. A sign which is located within a campus-style environment which consists of at
least three (3) acres of real property, such as a school, college, religious institution, performance
hall, convention center or other like environment as approved by the Planning Commission. Such
signs may include electronic message signs.
(10) Canopy sign. A sign that is part of, or customarily attached to; a gasoline canopy.
(11) Directional sign. Any non-commercial sign of an instructional nature displayed for the
convenience of the public.
(12) Drive-thru facilities sign. See “freestanding sign”
(13) Electronic message sign. A variable message sign that displays computer-generated messages
or utilizes other electronic means of changing copy. These signs include, but are not limited to;
displays using incandescent lamps, light emitting diodes (LEDs), liquid crystal displays (LCDs)
or a flipper matrix.
STAFF REPORT (continued) page 4 of 14
(14) Flag. Any fabric, banner or bunting containing distinctive colors, patterns or symbols; used as a
symbol of a government, political subdivision, the official flag of any institution, a business or for
civic purposes. Only business or trade flags are considered signs within the scope of this chapter.
(15) For sale/for rent sign (temporary). A sign which lists all or part of the premises on which the
sign is located for sale or rent.
(16) Freestanding sign. A sign that is permanently attached to the ground and is wholly independent
of any building or other structure. The term “freestanding sign” includes, but is not limited to; any
ground sign, hanging sign, landscape wall sign, drive-thru facility sign, monument sign, multi-
tenant sign, pillar sign or pole sign defined as follows:
a. Drive-thru facility sign. An outdoor sign which is part of drive-thru or drive-in facilities. This
type of sign may include, but is not limited to; a changeable point of purchase display that
allows the retailer to list products and prices.
b. Ground sign. A freestanding sign, other than a pole sign, which is:
i. Supported by at least two (2) architectural support structures;
ii. Pedestrian scale or low to the ground; and
iii. Not directly in contact with the ground.
c. Hanging sign. A sign suspended from the underside of, or attached to the side of, posts or
structures.
d. Landscape wall sign. A sign consisting of individual letters mounted on a screen, perimeter
wall or retaining wall.
e. Monument sign. A sign in which the entire bottom of the sign is in contact with the ground, or
which is mounted on a solid base at least two-thirds (2/3) of which is the sign face, providing
a solid and continuous background for the sign from the ground to the top of the sign.
f. Multi-tenant sign. A sign structure designated with two (2) or more removable panels to
identify the tenants in a building with more than one (1) tenant or in a development with more
than one (1) building.
g. Pillar sign. A slender, three-dimensional freestanding vertical sign.
h. Pole sign. A freestanding or monument sign normally supported by one (1), but sometimes by
more than one (1), pole and otherwise separated from the ground by air space.
(17) Ghost sign. A sign painted on the exterior wall of a building or structure that has been weathered
and faded to the extent it has lost its original brightness of color and visibility. Such signs shall be
at least fifty (50) years old.
(18) Ground sign. See “freestanding sign”
(19) Hanging sign. See “freestanding sign”
(20) Historical marker. A plaque or sign use to commemorate and visually educate the public about
the people, places and events that are significant to local, state and national history.
(21) Home occupation sign. A sign placed on a residential property for commercial purposes as
approved by the Board of Adjustment.
(22) Identification sign. A sign which indicates only the name and address of a building and/or
management.
(23) Illuminated indirectly. The use of an external light source to illuminate a sign.
(24) Incidental sign. A sign, handbill or poster which is placed to advertise or announce a specific
event, whether on or off the property said event shall take place.
STAFF REPORT (continued) page 5 of 14
(25) Internal illumination. Internal lighting that shines through plastic or other translucent material.
(26) Interstate system. That portion of the national system of Interstate highways and officially
designated as such by the Kentucky Transportation Cabinet.
(27) Landscaping wall sign. See “freestanding sign”
(28) Message board. A permanent sign used to convey information by means of changeable lettering
or graphics, including electronic message boards.
(29) Monument sign. See “freestanding sign”.
(30) Multi-tenant sign. See “freestanding sign”.
(31) Mobile sign. A sign which is affixed to a frame having wheels and capable of being carried,
attached to a vehicle or otherwise portable, and designed to stand free from a building or other
structure. Signs designed to be affixed to the surface of real estate shall be deemed freestanding
signs and not mobile signs, but the mere removal of wheels or temporary securing of a sign to the
surface of real estate shall not prevent its being a mobile sign within this definition.
(32) Neon sign. A sign with exposed neon lighting or a sign with neon lighted material transparent
material.
(33) Projecting sign. A sign attached directly to the wall of a building or other structure and extends
in a perpendicular direction outward.
(34) Obsolete sign. Any sign remaining after a building, structure or premise is vacated for a six-
month period of time.
(35) Pennant. Any light material such as plastic or fabric, suspended from rope, wire or string, usually
in series, designed to move in the wind.
(36) Pole sign. See “freestanding sign”.
(37) Pillar sign. See “freestanding sign”.
(38) Political sign. See “temporary sign”
(39) Roof sign. A sign attached to the part of a building considered to be the roof, the roof being that
part of a building that protects the interior portion of said building. Signs on the mansard of a roof
are permissible, but shall not project above the roofline.
(40) Sign. Any device, object, display, or part thereof, used to advertise, identify, display or attract
attention to an object, person, institution, organization, business, product, service, event or location
by any means; including words, letters, figures, design, symbols, fixtures, colors, illumination or
projected image.
(41) Sign face. The area or display surface used for the sign contents.
(42) Sign height. The vertical distance to the highest point of a sign structure, as measured from the
average grade at the base of the structure.
(43) Sight visibility triangle. The area formed by the intersection of a public street, a driveway and a
line connecting a point on the right-of-way.
(44) Spotlight/beacon. Any light with one (1) or more beams directed into the atmosphere or directed
at one (1) or more points not on the same lot as the light source; also, any light with one (1) or
more beams that rotate or move.
(45) Strobe light. Intermittently flashing spotlight.
(46) Streamer. A sign made of a string of ribbons, tinsel, pennants or similar devices.
(47) Subdivision monument sign. A monument sign located at an entrance of a subdivision and is
associated with the identification of the subdivision.
STAFF REPORT (continued) page 6 of 14
(48) Temporary sign. A sign intended to be displayed for a limited period of time including, but not
limited to; the following:
a. Construction sign. Sign placed on a site during construction of a building or development
project including the rehabilitation, remodeling or renovation of a building.
b. Garage/ yard sale sign. Sign placed typically on a residential property, generally at the same
time as garage sales or yard sales.
c. Home tour sign. Directional arrows to homes on a home tour.
d. Political sign. Sign displayed prior to an election, political campaign, referendum or ballot
proposition put to the voters as part of City, State or Federal elections.
e. Real estate sign. Sign displayed on a property which is for sale, lease or rent.
f. Special event sign. Signs displayed to advertise either:
i. A special event; or
ii. A non-commercial event exempt from a special event permit, such as on-premise church or
school activities.
(49) Wall sign. Any sign, including a fascia sign, which is attached parallel to the face of a wall of a
building or other structure.
(50) Window sign. A sign displayed on or within a window, visible from outside the building.
(e)Prohibited signs.
The following signs shall be prohibited, except as otherwise provide in this chapter:
(1) Signs that interfere with the free use of building entrances and exits, including emergency exits;
(2) Signs that obstruct doors or windows;
(3) Signs that impede light and ventilation otherwise required by City ordinance, code or regulation;
(4) Signs in a public right-of-way other than those allowed in this chapter;
(5) Signs within a sight visibility triangle that conflict with Section 126-65 of the Paducah Zoning
Ordinance;
(6) Signs on vehicles or trailers that are parked or located so they can be seen from a street right-of-
way and for the primary purpose of displaying the sign. It shall be prima facie evidence that the
primary purpose of a vehicle or trailer is to display a sign if the vehicle or trailer is parked on the
same property for a continuous period exceeding seventy-two (72) hours. The intent of this
subsection is to prohibit the use or display of signs on vehicles and trailers to otherwise circumvent
the purpose and intent of the sign code;
(7) Air-inflated signs;
(8) Strobe lights, animated signs, moving signs, attention attracting devices or beacons;
(9) Signs painted directly onto structures;
(10) Obsolete signs;
(11) Any sign or sign structure determined by the City to be structurally unsafe or a hazard to safety
or health by reason of inadequate maintenance, dilapidation or abandonment;
(12) Obscene signs;
(13) Mobile signs;
(14) Roof signs;
(15) Streamers, pennants and similar signs or devices, except when attached to an allowed temporary
sign;
STAFF REPORT (continued) page 7 of 14
(16) Signs that emit any noise or odor;
(17) Freestanding signs that overhang any part of a building; and
(18) Abandoned signs.
(f)Exempt signs.
The following signs are exempt from the permit requirements of these sign regulations. No sign,
including exempt signs, may be posted within a street right-of-way without written approval from the
Director of Engineering or his/her designee.
(1) Government signs that are placed by government officers in the performance of their
professional/elected duties.
(2) Temporary or permanent signs erected by public utility or construction companies in the
performance of their professional duties.
(3) Vehicle signage when painted directly on a vehicle or attached magnetically.
(4) Temporary signage as defined in subsection (g).
(5) Historical markers;
(6) Government flags;
(7) Signs carried by a person;
(8) Warning signs placed on private property and are a maximum of three (3) square feet;
(9) Window signs which obscure a maximum of twenty-five (25) percent of transparent or translucent
surfaces;
(10) Signs preempted from regulation by state or federal law;
(11) Identification signs; and
(12) Ghost signs.
(g)Temporary signs.
(1)Temporary signs generally. Except as otherwise allowed in this chapter, all temporary signs not
classified as exempt signs shall:
a.Be allowed on private property only. Sandwich board signs may be allowed on public rights-of-
way in accordance with subsection (7).
b.Be placed only by the property owner, or with the property owner’s permission.
c.Not diminish public safety such as placement in a sight visibility triangle.
d.Not be mounted on a roof.
e.Not be illuminated indirectly or internally.
(2)Construction signs. During a construction period, signs may be placed to announce construction.
a.Such signs shall not exceed sixteen (16) square feet in residential and one hundred (100) square
feet in non-residential areas.
b.Such signs shall be erected no more than thirty (30) days prior to the beginning of construction.
c.Such signs shall be removed within ten (10) days after completing construction.
(3)Wall and freestanding temporary signs. Temporary wall and freestanding signs shall:
a.Be a maximum of twenty (20) square feet when located in residential zones;
b.Be a maximum of fifty (50) square feet when located in non-residential zones; and
c.Be limited to one (1) sign per parcel for each street frontage.
STAFF REPORT (continued) page 8 of 14
d.Be placed for no more than thirty (30) days.
(4)Pole banners
a.Be a maximum of twelve and one-half (12.5) square feet when located in residential zones.
b.Be a maximum of sixteen and one-half (16.5) square feet when located in non-residential zones.
c.All banners shall be securely affixed to a mounting structure.
d.Banners shall not be hung as canopy signs, flown as flags or used as any other form of permanent
sign.
e.Banner materials shall be weather-resistant fabric, plastic or vinyl.
f.Poles and materials must be compatible and compliant with design standards if placed in a
historic district.
g.The City reserves the right to remove any pole banners at any time.
(5)Street banners
a. In order to promote events of a civic and public nature in the Downtown or other commercial
areas; any person, firm, corporation or organization may hang a vertical banner on cantilevered
arms in designated locations. Further, pennants, flags or banners may be affixed to utility poles
equipped by the City for such purposes.
b.Generally, it shall be unlawful for any person to suspend any banner across or along any street,
sidewalk or other public way of the City for any purpose.
c.Banners reflecting a price, a business, or the promotion of goods or services are prohibited.
d.Banners may reflect only one (1) theme at any given time within a district (Downtown, Wallace
Park or Fountain Avenue for example). Different districts may have different themes at the same
time.
e.Banners shall not exceed one hundred fifty (150) square feet and not cause any interference or
disruption in vehicular or pedestrian traffic.
f.The City reserves the right to remove any banner at any time.
(6)Signs promoting a special event may be placed no more than sixty (60) days prior to the event and
shall be removed no later than forty-eight (48) hours after the event has ended. Said signs shall be
placed on the property on which the event shall take place and shall not exceed thirty-two (32)
square feet.
(7)Sandwich board signs.
a.Sandwich board signs shall be no taller than thirty-six (36) inches in height and no wider than
twenty-four (24) inches;
b.Such signs may only be placed on a sidewalk that has a minimum of eight (8) feet in width;
c.All signs must be compliant with ADA standards and maintain a minimum of five (5) feet of
clearance from tables, chairs, bike racks or other appurtenances at all times. Placement shall not
interfere with pedestrian or vehicular traffic.
d.The sign must be constructed of weather resistant materials and shall be maintained in good
repair.
(8)During times of election. During times of primary, state or federal elections involving candidates
from federal, state or local office that represents the district in which the property is located or
involves an issue on the ballot within the district where the property is located, one (1) additional
STAFF REPORT (continued) page 9 of 14
temporary sign per issue or candidate shall be allowed. Such additional signs shall be allowed
beginning sixty (60) days prior to the date of the primary, state or federal election and shall be
removed five (5) days after the election.
(9)Additional temporary signs are allowed as follows:
a.During times of sale or rent. One (1) additional temporary sign may be located on a property
subject to the following parameters:
1. The owner consents and the property is being offered for sale or rent through a licensed
real estate agent;
2. The property is offered for sale or rent by the property owner through advertising in local
media; and
3. Such sign shall be removed within fifteen (15) days following the date on which a contract
for sale has been executed between the buyer and seller or a rental agreement has been
executed between lessor and lessee.
4. Said sign shall not exceed four (4) square feet.
b.During times property is open to the public. One (1) additional temporary sign may be located
on the property on a day when the property owner is opening the property to the public; however,
the owner may not use this type of sign for more than fifteen (15) days a year. Such sign may
not exceed four (4) square feet.
c.One (1) additional temporary sign shall be allowed upon submittal of a final development
application or issuance of a building permit and shall terminate upon the issuance of any
certificate of occupancy or for approval to connect to electric power for the work authorized by
the building permit. Such sign shall not exceed four (4) square feet.
(h)Permit requirements.
(1)No sign regulated by this chapter shall be displayed, erected, relocated or altered unless all
necessary permits have been issued by the City of Paducah. Applicants shall submit an application
to the Fire Prevention Division before any permit may be issued.
(2)Applicants shall obtain a Certificate of Appropriateness from the Historic and Architectural
Review Commission (HARC) for signage proposed within the H-1 and H-2 Zones.
(3)Signs shall only be erected or constructed in compliance with the approved permit.
(4)Applicants shall obtain permits, including electrical permits.
(5)Signs allowed pertaining to a legal, nonconforming use shall be subject to the regulations of the
zone in which the nonconforming use is located.
(i)Signs exempt from permit requirements.
The following signs shall not require a permit:
(1)Incidental signs
(2)Historic markers
(3)Temporary signs
(j)Nonconforming signs.
STAFF REPORT (continued) page 10 of 14
A legal nonconforming sign may continue in existence as long as it is properly maintained in good
condition. These provisions shall not prevent the repair or restoration to a safe condition of any sign,
but a nonconforming sign shall not be:
(1)Changed to another nonconforming sign except where only the face or copy is changed;
(2)Structurally altered so as to increase the degree of nonconformity of the sign;
(3)Expanded or enlarged;
(4)Reestablished after its removal; or
(5)Moved to a new location on the building or lot.
(k)Illegal signs.
All illegal signs shall be subject to immediate enforcement action.
(l)General regulations.
(1) All signs shall be constructed of approved materials and shall be designed to meet the structural
requirements of the applicable building code.
(2) No sign shall be erected or maintained where by reason of its position, illumination, size, shape or
color it may obstruct, impair, obscure, interfere with the view of, or be confused with; any authorized
traffic-control sign, signal or device.
(3) No internally illuminated sign or electronic message sign shall be allowed within fifty (50) feet of
property in any residential zone.
(4) No sign shall be placed in any public right-of-way except as provided herein.
(5) Traffic visibility at intersections shall be preserved in accordance with section 126-65 of the
Paducah Zoning Ordinance.
(6) No sign shall be attached to any tree, fence or utility pole except by a governmental body or agency.
(7) All signs shall be adequately maintained. Such maintenance shall include proper alignment,
continued readability and preservation of the sign with paint or other preservatives. Electronic message
signs shall be free of burned-out lights.
(8) All signs placed upon private property must have the written consent of the property owner or the
owner's agent.
(9) The area of a freestanding sign shall not include poles, supports or other structures used solely for
support and do not contain advertising of any kind. Message boards are allowed as accessory signs on
freestanding or wall signs. The area of the message board shall be included in the total allowable sign
area.
(10) Interior electronic message signs that change not more than once every thirty (30) seconds shall
be allowed in the B-1, B-2, B-3, HBZ, HM, M-1, M-2 and M-3 Zones. Such signs shall be no larger
than thirty (30) percent of the window.
(11) Interior electronic signs that change not more than once every thirty (30) seconds shall be allowed
in the B-2-T and H-1 Zones. Such signs shall be no larger than four (4) square feet. Only one (1) such
sign shall be allowed per structure.
(m)Signs allowed by specific zoning district.
Any sign not specifically allowed shall be prohibited.
(n) Residential and Mixed-Use Zones (R-1, R-2, R-3, R-4, NSZ, NCCZ and MU)
(1)Single-family and two-family dwellings:
STAFF REPORT (continued) page 11 of 14
One (1) building marker not exceeding one (1) square foot for each single-family residence or each
side of a two-family structure.
a. Every parcel shall be entitled to two (2) signs not exceeding thirty-six (36) square inches to
be placed in any of the following locations:
i. On the front of every building, residence or structure;
ii. On each side of an authorized U.S. Postal Service mailbox; and
iii. On one (1) post which measures no more than forty-eight (48) inches in height and four (4)
inches in width.
(2)Multi-family dwellings:
a. One (1) freestanding sign that shall not exceed thirty-two (32) square feet and eight (8) feet in
height and shall have a front yard setback of twenty (20) feet;
b. One (1) wall sign that shall not exceed twelve (12) square feet.
(3)Incidental signs which shall not exceed two (2) square feet.
(4)Home occupation - One (1) wall sign not exceeding one (1) square foot.
(5)Subdivision - One (1) subdivision monument sign per entrance into a residential subdivision not
to exceed thirty-two (32) square feet and eight (8) feet in height. Said sign shall have a setback of
10 (ten) feet from the traveled portion of the public way.
(6)Buildings used for religious or educational activities and cemeteries:
a. One (1) freestanding sign that shall not exceed thirty-two (32) square feet and eight (8) feet in
height. Said sign shall have a front yard setback of ten (10) feet;
b. One (1) wall sign that shall not exceed twelve (12) square feet;
c. One (1) message board that shall not exceed twelve (12) square feet and eight (8) feet in height;
and
d. Incidental signs which shall not exceed two (2) square feet.
(7)Principally or conditionally permitted commercial uses in the R-4, NSZ, NCCZ and MU Zones:
a.One (1) freestanding sign that shall not exceed thirty-two (32) square feet and eight (8) feet in
height and shall have a front yard setback of ten (10) feet.
b.Wall signs shall be allowed for each tenant or lessee. Such signs shall not exceed twenty (20)
percent of the face of the structure or each individual tenant or lessee space.
(8)No electronic message sign or electronic message boards shall be allowed in any residential zone,
except for the Mixed-Use zone, wherein an electronic message sign or board may be allowed fifty
(50) feet from any residential structure or mixed-use structure with a residential component.
(9)If a proposed sign is larger than allowed within adopted covenants in the MU Zone, it shall be
referred to the Planning Commission as part of an Amendment to a Development Plan.
(o) Professional, commercial and industrial zones (B-1, B-2, B-3, HBZ, M-1, M-2, M-3, HM, POP, A-1).
(1)One (1) freestanding sign per street frontage; additionally, one (1) freestanding sign for every three
hundred (300) linear feet of street frontage.
a. Freestanding signs shall not exceed seventy-five (75) square feet, twenty-five (25) feet in
height and shall have a minimum setback of five (5) feet. When street frontage permits two
(2) signs, the freestanding signs may be combined into one (1) freestanding sign that shall not
exceed one hundred ten (110) square feet. For buildings with more than one (1) occupying
business, this freestanding sign may list all businesses within the building.
b. Monument type freestanding signs shall not exceed sixty (60) square feet, eight (8) feet in
height and shall have a minimum setback of five (5) feet.
STAFF REPORT (continued) page 12 of 14
(2)One (1) wall sign, canopy sign or awning sign per street frontage with a maximum of four (4) signs
per building or structure. The maximum allowed area for all signage in these zones is thirty-two
(32) square feet or twenty (20) percent of the wall area to which the sign, canopy or awning is
attached, whichever is greater. A maximum of thirty (30) feet of the façade shall be used to
calculate the square footage area of a wall sign. Awnings shall have at least seven (7) feet of
clearance when fully extended. When a building contains two (2) or more separate businesses,
these requirements shall be applied separately to the wall area of the portion of the building
occupied by the individual business.
(3)One (1) message board either attached to a wall sign or freestanding sign not to exceed thirty-two
(32) square feet and eight (8) feet in height.
(4)One (1) drive-thru facility sign for each drive-thru lane, walk-up window or drive-up curbside.
Drive-thru facility signs shall not exceed fifty-five (55) square feet and shall have a maximum
height of eight (8) feet.
(5)One (1) temporary sign per street frontage.
(6)Theater marquee signs.
a. A marquee shall not exceed thirty-two (32) square feet, shall not project more than eight (8)
feet from the building face and shall have a minimum clearance of ten (10) feet.
(7)Incidental signs shall not exceed two (2) square feet.
(8)Buildings used for religious or educational activities.
a. In addition to signage allowed above, one (1) message board, not exceeding thirty-two (32)
square feet and eight (8) feet in height.
(10) Subdivision - One (1) subdivision monument sign per entrance into a commercial or industrial
subdivision not to exceed forty-eight (48) square feet and ten (10) feet in height. Said sign shall
have a setback of 10 (ten) feet from the traveled portion of the public way.
(9) Single-family, two-family and multi-family dwellings shall follow the provisions of subsection
(n).
(10) Perforated signs shall be allowed; however, they shall be either 50/50 or 60/40 perforation. No
perforated sign shall be placed over ingress/ egress door.
(11) Neon signs are allowed.
(p) Historic Downtown area (B-2-T, H-1 and H-2)
(1)Wall signs. One (1) wall sign per building façade shall be allowed, provided that such signs shall
be constructed so that each letter runs parallel to the street upon which the business abuts, shall be
affixed to the exterior wall of the building and shall not protrude from the wall a distance of more
than eighteen (18) inches. Wall signs shall be a maximum size of fifty (50) square feet. Building
facades with more than fifty (50) feet of street frontage are allowed a maximum sign area of one
and one-half (1.5) square feet per linear foot of street frontage subject to a one hundred (100)
square foot maximum.
a.Internal illumination shall be allowed only when the letters themselves are lit and not the
background in the B-2-T Zone.
b.Wall signs may be illuminated indirectly in the H-1 and H-2 Zones.
(2)Freestanding signs shall not exceed twelve (12) square feet.
(3)All signs in the H-1 and H-2 Zones shall be subject to the requirements of section 126-115 (c) and
(g).
STAFF REPORT (continued) page 13 of 14
(4)Projecting signs. One (1) projecting sign per building façade on a street frontage shall be allowed,
provided that such sign may project from a building no more than four (4) feet horizontally and
have a maximum area of six (6) square feet.
a.The projecting sign shall start no more than six (6) inches from the exterior wall of the building;
b.Shall be mounted by a metal bracket projecting from the wall of the building;
c.Shall be located within two (2) feet of the centerline of the building;
d.May have direct external illumination;
e.May be made of wood, metal alucobond, reinforced canvas or polyurethane foam; and
f.If the structure has a secondary entrance to a separate business or dwelling within the principle
structure, one (1) additional projecting sign shall be allowed. Secondary signs shall not exceed
one (1) square foot and shall be installed above the secondary entrance.
(5)Awning signs. Signs on awnings shall be a maximum size of fifty (50) square feet and may be
illuminated indirectly.
(6)Sandwich board signs are allowed if the business does not have a projecting sign.
(7)Neon signs are allowed.
(q) Additional signage allowed in specific commercial and industrial zones.
(1) Downtown Business Zone (B-2) - In addition to the signage allowed above, the following signs
shall be allowed:
a. Sandwich board signs.
(2) General Business, Highway Business, Light Industrial and Heavy Industrial Zones (B-3, HBZ, M-
1, M-2, M-3)
In addition to the signage allowed in subsection (o), the following signs shall be allowed:
a. Shopping malls larger than one hundred thousand (100,000) square feet may have one (1)
freestanding sign per street frontage with a maximum of two hundred fifty (250) square feet
and a maximum height of thirty (30) feet. All other shopping malls may have one (1)
freestanding sign per street frontage with a maximum of seventy-five (75) square feet and a
maximum height of twenty-five (25) feet. Anchor tenants of a shopping mall may utilize any
exterior wall of the mall for a wall sign, provided all other regulations are followed. Malls that
contain stores with exterior ingress/ egress may utilize a hanging sign as well, provided such
sign does not exceed six (6) square feet.
b.One (1) Interstate sign for those businesses which lie within a two thousand five hundred
(2,500) foot radius of the center point of an Interstate interchange overpass. This Interstate
sign shall take the place of the allowed freestanding sign outlined in subsection (o) above.
These businesses may have a combination of any two (2) of these signs: Interstate sign and
wall signs or freestanding signs and wall sign. Interstate signs shall be subject to the following
restrictions:
1.Individual signs shall not exceed two hundred fifty (250) square feet.
2.Ninety (90) feet in height.
3.The signs base shall be at least ninety (90) feet from any residentially zoned property.
(3) Advertising signs are allowed in the B-3, HBZ, M-1, M-2 & M-3 Zones along state and federal
highways.
(r) Planned Unit Development (PUD). A sign’s height, size, location and design features shall be
determined by the sign requirements set forth in the underlying zone.
(s) Replacement advertising signs.
STAFF REPORT (continued) page 14 of 14
In the event the owner of an advertising sign desires to remove the sign and construct another advertising
sign at the same or different location, the owner may apply for a permit from the Fire Prevention Division.
A permit for a replacement advertising sign may be issued only upon the satisfaction of the following
conditions:
a. The number of advertising signs owned by the same owner do not exceed the current amount at
which time the permit is applied for.
b. The replacement advertising sign shall not exceed the face area and number of faces of the replaced
sign.
c. The owner has filed an application for permit for a replacement sign within a period of one (1) year
following the removal of the advertising sign to be replaced.
d. The owner submits reasonable proof of existence of the original advertising sign as of the effective
date of this section.
e. The replacement advertising sign shall comply with the other requirements as set forth in this
section.
(t) Advertising on Interstate Highways. No advertising sign shall be allowed adjacent to Interstate or
limited-access highways except in conformance with the setback requirements established by the
Kentucky Transportation Cabinet and the requirements of this Zoning Ordinance with respect to the
zoning district involved and subsection (s) above.
(u) Substitution clause. The owner of any sign which is allowed by this chapter may substitute
noncommercial speech in lieu of any other commercial speech or noncommercial speech. This substitution
of copy may be made without any additional approval or permitting. The purpose of this provision is to
prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any
particular noncommercial speech over any other noncommercial speech. This provision prevails over any
more specific provision to the contrary.
STAFF RECOMMENDATION
Based upon the positive recommendation from the Planning Commission, staff recommends the
City Commission adopt the zoning text amendment contained herein.
ORDINANCE NO. 2022-______-_________
AN ORDINANCE REPEALING AND REPLACING SECTION 126-76 OF THE CODE
OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO SIGN
REGULATIONS IN ITS ENTIRETY
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 March 7, 2022 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
126-76 Sign Regulations of the City of Paducah zoning ordinance; and
WHEREAS, the City desires to repeal and replace Section 126-76 of the Paducah Code
of Ordinances to reflect the changes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That Section 126-76 Sign Regulations of the Code of Ordinances of
the City of Paducah is hereby repealed in its entirety and replaced as follows:
Sec. 126-76. - Sign regulations.
(a) Purpose. It is the purpose of this section to establish regulations for the control of signs within the
zoning jurisdiction of the City of Paducah. The intent of this section is to support the use of signs to aid
the public in the identification of businesses, activities and to assist the public in its orientation within
the City. It is also the intent of this section to protect the public from the confusion created by the
objectionable effects of advertising excesses, from the danger of unsafe signs and from the degradation
of the aesthetic qualities of the City. Further, it is the intent of this section to protect constitutional rights
to free speech. These regulations promote the health, safety and general welfare through a system of
reasonable, non-arbitrary and non-discriminatory control of the placement, character, size, height,
location and illumination of signs.
(b) Findings. The City of Paducah finds that the standards and procedures in this chapter:
(1) Implement the goals and policies of the comprehensive plan by establishing uniform standards and
procedures to control the size, type, number, design, placement, illumination and maintenance of
signs.
(2) Protect public health and safety by:
a. Minimizing visual distractions and obstructions that contribute to traffic accidents;
b. Prohibiting signs that constitute a traffic hazard or obstruct the visibility of motorists, bicyclists
or pedestrians, or cause confusion by virtue of visual similarity to traffic control signs;
c. Reducing hazards caused by signs that overhang or project over public rights-of-way;
d. Providing more visual open space; and
e. Preventing potential deterioration of the City’s appearance and attractiveness that would create
a blighting influence.
(3) Encourage signs that are attractive and function for the type of establishment to which they pertain;
(4) Encourage signs that are in scale and architectural harmony with the project site, project buildings,
adjacent buildings and development in the zone or neighborhood in which they are located;
(5) Reduce visual clutter and physical obstructions caused by the proliferation of signs that could
diminish the City’s image, property values and quality of life;
(6) Keep signs within a reasonable scale with respect to buildings to which they relate;
(7) Encourage the upgrading, updating or removal of signs that are poorly maintained, out of character
with their surroundings or do not conform to this chapter; and
(8) Prevent signs that are potentially dangerous to the public due to structural deficiencies and
disrepair.
(c) Applicability and message neutrality.
(1) Applicability. Any sign erected, placed, established or created that is visible from a public right-
of-way, adjacent property or outdoor area of public property shall be in conformance with the
standards, procedures and requirements of this chapter. All signs that are not expressly allowed by
this chapter or exempt hereunder are prohibited.
(2) Message neutrality. This chapter regulates signs in a manner consistent with the speech freedoms
of both the United States and the Kentucky Revised Statutes and is content neutral.
Notwithstanding any other provision of this chapter, no sign is subject to any limitation based on
its content.
(d) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them, except where the context clearly indicates a different meaning:
(1) Abandoned sign. A sign that:
(a) By reason of neglect, damage or deterioration requires repair; and
(b) The owner, or other party responsible for maintaining the sign, fails to undertake and complete
the repairs within thirty (30) days after written notice to do so from the City.
(2) Advertising sign. A sign which directs attention to a business, product, service activity or
entertainment, sold or offered elsewhere than on the premises where such sign is located. Such sign
includes billboards and off-premises signs.
(3) Air-inflated sign. A sign which maintains shape by air pressurization.
(4) Animated sign. Any sign depicting action, motion, light or color changes through electrical or
mechanical means.
(5) Area of sign.
(a) The area of a sign shall be considered to include all lettering, wording and accompanying
designs and symbols, together with the background on which they are displayed, any frame
around the sign and any “cutouts” or extensions, but shall not include any supporting structure
or bracing.
(b) The area of a sign shall consist of individual letters or symbols attached to or painted on a
surface, building, wall or window, and shall be considered to be that of the smallest rectangle
which encompasses all elements of said sign.
(c) The area of a sign which is other than rectangular in shape shall be determined as the area of
the smallest rectangle which encompasses all elements of said sign.
(d) The area of a sign which consists of a three-dimensional object shall be considered to be the
area of the largest vertical cross-section of that object.
(e) Only one (1) side shall be counted in computing the area of a double-faced sign.
(6) Awning. A fabric overhead projection from a building façade intended to provide shelter from
wind, sun or rain for passing pedestrians and window shoppers.
(7) Banner. Any sign of lightweight fabric, vinyl or similar material. Flags and pennants shall not be
considered a banner.
(8) Building marker. Any sign indicating only the name of a building, the date of construction or
incidental information about its construction, which is cut into a masonry surface or made of a
permanent material and permanently affixed to the building.
(9) Campus sign. A sign which is located within a campus-style environment which consists of at least
three (3) acres of real property, such as a school, college, religious institution, performance hall,
convention center or other like environment as approved by the Planning Commission. Such signs
may include electronic message signs.
(10) Canopy sign. A sign that is part of, or customarily attached to; a gasoline canopy.
(11) Directional sign. Any non-commercial sign of an instructional nature displayed for the
convenience of the public.
(12) Drive-thru facilities sign. See “freestanding sign”
(13) Electronic message sign. A variable message sign that displays computer-generated
messages or utilizes other electronic means of changing copy. These signs include, but are not
limited to; displays using incandescent lamps, light emitting diodes (LEDs), liquid crystal displays
(LCDs) or a flipper matrix.
(14) Flag. Any fabric, banner or bunting containing distinctive colors, patterns or symbols; used
as a symbol of a government, political subdivision, the official flag of any institution, a business or
for civic purposes. Only business or trade flags are considered signs within the scope of this chapter.
(15) For sale/for rent sign (temporary). A sign which lists all or part of the premises on which
the sign is located for sale or rent.
(16) Freestanding sign. A sign that is permanently attached to the ground and is wholly
independent of any building or other structure. The term “freestanding sign” includes, but is not
limited to; any ground sign, hanging sign, landscape wall sign, drive-thru facility sign, monument
sign, multi-tenant sign, pillar sign or pole sign defined as follows:
a. Drive-thru facility sign. An outdoor sign which is part of drive-thru or drive-in facilities. This
type of sign may include, but is not limited to; a changeable point of purchase display that
allows the retailer to list products and prices.
b. Ground sign. A freestanding sign, other than a pole sign, which is:
i. Supported by at least two (2) architectural support structures;
ii. Pedestrian scale or low to the ground; and
iii. Not directly in contact with the ground.
c. Hanging sign. A sign suspended from the underside of, or attached to the side of, posts or
structures.
d. Landscape wall sign. A sign consisting of individual letters mounted on a screen, perimeter
wall or retaining wall.
e. Monument sign. A sign in which the entire bottom of the sign is in contact with the ground, or
which is mounted on a solid base at least two-thirds (2/3) of which is the sign face, providing
a solid and continuous background for the sign from the ground to the top of the sign.
f. Multi-tenant sign. A sign structure designated with two (2) or more removable panels to
identify the tenants in a building with more than one (1) tenant or in a development with more
than one (1) building.
g. Pillar sign. A slender, three-dimensional freestanding vertical sign.
h. Pole sign. A freestanding or monument sign normally supported by one (1), but sometimes by
more than one (1), pole and otherwise separated from the ground by air space.
(17) Ghost sign. A sign painted on the exterior wall of a building or structure that has been
weathered and faded to the extent it has lost its original brightness of color and visibility. Such
signs shall be at least fifty (50) years old.
(18) Ground sign. See “freestanding sign”
(19) Hanging sign. See “freestanding sign”
(20) Historical marker. A plaque or sign use to commemorate and visually educate the public
about the people, places and events that are significant to local, state and national history.
(21) Home occupation sign. A sign placed on a residential property for commercial purposes
as approved by the Board of Adjustment.
(22) Identification sign. A sign which indicates only the name and address of a building and/or
management.
(23) Illuminated indirectly. The use of an external light source to illuminate a sign.
(24) Incidental sign. A sign, handbill or poster which is placed to advertise or announce a
specific event, whether on or off the property said event shall take place.
(25) Internal illumination. Internal lighting that shines through plastic or other translucent
material.
(26) Interstate system. That portion of the national system of Interstate highways and officially
designated as such by the Kentucky Transportation Cabinet.
(27) Landscaping wall sign. See “freestanding sign”
(28) Message board. A permanent sign used to convey information by means of changeable
lettering or graphics, including electronic message boards.
(29) Monument sign. See “freestanding sign”.
(30) Multi-tenant sign. See “freestanding sign”.
(31) Mobile sign. A sign which is affixed to a frame having wheels and capable of being
carried, attached to a vehicle or otherwise portable, and designed to stand free from a building or
other structure. Signs designed to be affixed to the surface of real estate shall be deemed
freestanding signs and not mobile signs, but the mere removal of wheels or temporary securing of
a sign to the surface of real estate shall not prevent its being a mobile sign within this definition.
(32) Neon sign. A sign with exposed neon lighting or a sign with neon lighted material
transparent material.
(33) Projecting sign. A sign attached directly to the wall of a building or other structure and
extends in a perpendicular direction outward.
(34) Obsolete sign. Any sign remaining after a building, structure or premise is vacated for a
six-month period of time.
(35) Pennant. Any light material such as plastic or fabric, suspended from rope, wire or string,
usually in series, designed to move in the wind.
(36) Pole sign. See “freestanding sign”.
(37) Pillar sign. See “freestanding sign”.
(38) Political sign. See “temporary sign”
(39) Roof sign. A sign attached to the part of a building considered to be the roof, the roof being
that part of a building that protects the interior portion of said building. Signs on the mansard of a
roof are permissible, but shall not project above the roofline.
(40) Sign. Any device, object, display, or part thereof, used to advertise, identify, display or
attract attention to an object, person, institution, organization, business, product, service, event or
location by any means; including words, letters, figures, design, symbols, fixtures, colors,
illumination or projected image.
(41) Sign face. The area or display surface used for the sign contents.
(42) Sign height. The vertical distance to the highest point of a sign structure, as measured from
the average grade at the base of the structure.
(43) Sight visibility triangle. The area formed by the intersection of a public street, a driveway
and a line connecting a point on the right-of-way.
(44) Spotlight/beacon. Any light with one (1) or more beams directed into the atmosphere or
directed at one (1) or more points not on the same lot as the light source; also, any light with one
(1) or more beams that rotate or move.
(45) Strobe light. Intermittently flashing spotlight.
(46) Streamer. A sign made of a string of ribbons, tinsel, pennants or similar devices.
(47) Subdivision monument sign. A monument sign located at an entrance of a subdivision
and is associated with the identification of the subdivision.
(48) Temporary sign. A sign intended to be displayed for a limited period of time including,
but not limited to; the following:
a. Construction sign. Sign placed on a site during construction of a building or development
project including the rehabilitation, remodeling or renovation of a building.
b. Garage/ yard sale sign. Sign placed typically on a residential property, generally at the same
time as garage sales or yard sales.
c. Home tour sign. Directional arrows to homes on a home tour.
d. Political sign. Sign displayed prior to an election, political campaign, referendum or ballot
proposition put to the voters as part of City, State or Federal elections.
e. Real estate sign. Sign displayed on a property which is for sale, lease or rent.
f. Special event sign. Signs displayed to advertise either:
i. A special event; or
ii. A non-commercial event exempt from a special event permit, such as on-premise church or
school activities.
(49) Wall sign. Any sign, including a fascia sign, which is attached parallel to the face of a wall
of a building or other structure.
(50) Window sign. A sign displayed on or within a window, visible from outside the building.
(e) Prohibited signs.
The following signs shall be prohibited, except as otherwise provide in this chapter:
(1) Signs that interfere with the free use of building entrances and exits, including emergency exits;
(2) Signs that obstruct doors or windows;
(3) Signs that impede light and ventilation otherwise required by City ordinance, code or regulation;
(4) Signs in a public right-of-way other than those allowed in this chapter;
(5) Signs within a sight visibility triangle that conflict with Section 126-65 of the Paducah Zoning
Ordinance;
(6) Signs on vehicles or trailers that are parked or located so they can be seen from a street right-of-
way and for the primary purpose of displaying the sign. It shall be prima facie evidence that the
primary purpose of a vehicle or trailer is to display a sign if the vehicle or trailer is parked on the
same property for a continuous period exceeding seventy-two (72) hours. The intent of this
subsection is to prohibit the use or display of signs on vehicles and trailers to otherwise circumvent
the purpose and intent of the sign code;
(7) Air-inflated signs;
(8) Strobe lights, animated signs, moving signs, attention attracting devices or beacons;
(9) Signs painted directly onto structures;
(10) Obsolete signs;
(11) Any sign or sign structure determined by the City to be structurally unsafe or a hazard to
safety or health by reason of inadequate maintenance, dilapidation or abandonment;
(12) Obscene signs;
(13) Mobile signs;
(14) Roof signs;
(15) Streamers, pennants and similar signs or devices, except when attached to an allowed
temporary sign;
(16) Signs that emit any noise or odor;
(17) Freestanding signs that overhang any part of a building; and
(18) Abandoned signs.
(f) Exempt signs.
The following signs are exempt from the permit requirements of these sign regulations. No sign,
including exempt signs, may be posted within a street right-of-way without written approval from the
Director of Engineering or his/her designee.
(1) Government signs that are placed by government officers in the performance of their
professional/elected duties.
(2) Temporary or permanent signs erected by public utility or construction companies in the
performance of their professional duties.
(3) Vehicle signage when painted directly on a vehicle or attached magnetically.
(4) Temporary signage as defined in subsection (g).
(5) Historical markers;
(6) Government flags;
(7) Signs carried by a person;
(8) Warning signs placed on private property and are a maximum of three (3) square feet;
(9) Window signs which obscure a maximum of twenty-five (25) percent of transparent or translucent
surfaces;
(10) Signs preempted from regulation by state or federal law;
(11) Identification signs; and
(12) Ghost signs.
(g) Temporary signs.
(1) Temporary signs generally. Except as otherwise allowed in this chapter, all temporary signs not
classified as exempt signs shall:
a. Be allowed on private property only. Sandwich board signs may be allowed on public rights-of-
way in accordance with subsection (7).
b. Be placed only by the property owner, or with the property owner’s permission.
c. Not diminish public safety such as placement in a sight visibility triangle.
d. Not be mounted on a roof.
e. Not be illuminated indirectly or internally.
(2) Construction signs. During a construction period, signs may be placed to announce construction.
a. Such signs shall not exceed sixteen (16) square feet in residential and one hundred (100) square
feet in non-residential areas.
b. Such signs shall be erected no more than thirty (30) days prior to the beginning of construction.
c. Such signs shall be removed within ten (10) days after completing construction.
(3) Wall and freestanding temporary signs. Temporary wall and freestanding signs shall:
a. Be a maximum of twenty (20) square feet when located in residential zones;
b. Be a maximum of fifty (50) square feet when located in non-residential zones; and
c. Be limited to one (1) sign per parcel for each street frontage.
d. Be placed for no more than thirty (30) days.
(4) Pole banners
a. Be a maximum of twelve and one-half (12.5) square feet when located in residential zones.
b. Be a maximum of sixteen and one-half (16.5) square feet when located in non-residential zones.
c. All banners shall be securely affixed to a mounting structure.
d. Banners shall not be hung as canopy signs, flown as flags or used as any other form of permanent
sign.
e. Banner materials shall be weather-resistant fabric, plastic or vinyl.
f. Poles and materials must be compatible and compliant with design standards if placed in a
historic district.
g. The City reserves the right to remove any pole banners at any time.
(5) Street banners
a. In order to promote events of a civic and public nature in the Downtown or other commercial
areas; any person, firm, corporation or organization may hang a vertical banner on cantilevered
arms in designated locations. Further, pennants, flags or banners may be affixed to utility poles
equipped by the City for such purposes.
b. Generally, it shall be unlawful for any person to suspend any banner across or along any street,
sidewalk or other public way of the City for any purpose.
c. Banners reflecting a price, a business, or the promotion of goods or services are prohibited.
d. Banners may reflect only one (1) theme at any given time within a district (Downtown, Wallace
Park or Fountain Avenue for example). Different districts may have different themes at the same
time.
e. Banners shall not exceed one hundred fifty (150) square feet and not cause any interference or
disruption in vehicular or pedestrian traffic.
f. The City reserves the right to remove any banner at any time.
(6) Signs promoting a special event may be placed no more than sixty (60) days prior to the event and
shall be removed no later than forty-eight (48) hours after the event has ended. Said signs shall be
placed on the property on which the event shall take place and shall not exceed thirty-two (32)
square feet.
(7) Sandwich board signs.
a. Sandwich board signs shall be no taller than thirty-six (36) inches in height and no wider than
twenty-four (24) inches;
b. Such signs may only be placed on a sidewalk that has a minimum of eight (8) feet in width;
c. All signs must be compliant with ADA standards and maintain a minimum of five (5) feet of
clearance from tables, chairs, bike racks or other appurtenances at all times. Placement shall not
interfere with pedestrian or vehicular traffic.
d. The sign must be constructed of weather resistant materials and shall be maintained in good
repair.
(8) During times of election. During times of primary, state or federal elections involving candidates
from federal, state or local office that represents the district in which the property is located or
involves an issue on the ballot within the district where the property is located, one (1) additional
temporary sign per issue or candidate shall be allowed. Such additional signs shall be allowed
beginning sixty (60) days prior to the date of the primary, state or federal election and shall be
removed five (5) days after the election.
(9) Additional temporary signs are allowed as follows:
a. During times of sale or rent. One (1) additional temporary sign may be located on a property
subject to the following parameters:
1. The owner consents and the property is being offered for sale or rent through a licensed
real estate agent;
2. The property is offered for sale or rent by the property owner through advertising in local
media; and
3. Such sign shall be removed within fifteen (15) days following the date on which a contract
for sale has been executed between the buyer and seller or a rental agreement has been
executed between lessor and lessee.
4. Said sign shall not exceed four (4) square feet.
b. During times property is open to the public. One (1) additional temporary sign may be located
on the property on a day when the property owner is opening the property to the public; however,
the owner may not use this type of sign for more than fifteen (15) days a year. Such sign may
not exceed four (4) square feet.
c. One (1) additional temporary sign shall be allowed upon submittal of a final development
application or issuance of a building permit and shall terminate upon the issuance of any
certificate of occupancy or for approval to connect to electric power for the work authorized by
the building permit. Such sign shall not exceed four (4) square feet.
(h) Permit requirements.
(1) No sign regulated by this chapter shall be displayed, erected, relocated or altered unless all
necessary permits have been issued by the City of Paducah. Applicants shall submit an application
to the Fire Prevention Division before any permit may be issued.
(2) Applicants shall obtain a Certificate of Appropriateness from the Historic and Architectural Review
Commission (HARC) for signage proposed within the H-1 and H-2 Zones.
(3) Signs shall only be erected or constructed in compliance with the approved permit.
(4) Applicants shall obtain permits, including electrical permits.
(5) Signs allowed pertaining to a legal, nonconforming use shall be subject to the regulations of the
zone in which the nonconforming use is located.
(i) Signs exempt from permit requirements.
The following signs shall not require a permit:
(1) Incidental signs
(2) Historic markers
(3) Temporary signs
(j) Nonconforming signs.
A legal nonconforming sign may continue in existence as long as it is properly maintained in good
condition. These provisions shall not prevent the repair or restoration to a safe condition of any sign,
but a nonconforming sign shall not be:
(1) Changed to another nonconforming sign except where only the face or copy is changed;
(2) Structurally altered so as to increase the degree of nonconformity of the sign;
(3) Expanded or enlarged;
(4) Reestablished after its removal; or
(5) Moved to a new location on the building or lot.
(k) Illegal signs.
All illegal signs shall be subject to immediate enforcement action.
(l) General regulations.
(1) All signs shall be constructed of approved materials and shall be designed to meet the structural
requirements of the applicable building code.
(2) No sign shall be erected or maintained where by reason of its position, illumination, size, shape or
color it may obstruct, impair, obscure, interfere with the view of, or be confused with; any authorized
traffic-control sign, signal or device.
(3) No internally illuminated sign or electronic message sign shall be allowed within fifty (50) feet of
property in any residential zone.
(4) No sign shall be placed in any public right-of-way except as provided herein.
(5) Traffic visibility at intersections shall be preserved in accordance with section 126-65 of the
Paducah Zoning Ordinance.
(6) No sign shall be attached to any tree, fence or utility pole except by a governmental body or agency.
(7) All signs shall be adequately maintained. Such maintenance shall include proper alignment,
continued readability and preservation of the sign with paint or other preservatives. Electronic message
signs shall be free of burned-out lights.
(8) All signs placed upon private property must have the written consent of the property owner or the
owner's agent.
(9) The area of a freestanding sign shall not include poles, supports or other structures used solely for
support and do not contain advertising of any kind. Message boards are allowed as accessory signs on
freestanding or wall signs. The area of the message board shall be included in the total allowable sign
area.
(10) Interior electronic message signs that change not more than once every thirty (30) seconds shall
be allowed in the B-1, B-2, B-3, HBZ, HM, M-1, M-2 and M-3 Zones. Such signs shall be no larger
than thirty (30) percent of the window.
(11) Interior electronic signs that change not more than once every thirty (30) seconds shall be allowed
in the B-2-T and H-1 Zones. Such signs shall be no larger than four (4) square feet. Only one (1) such
sign shall be allowed per structure.
(m) Signs allowed by specific zoning district.
Any sign not specifically allowed shall be prohibited.
(n) Residential and Mixed-Use Zones (R-1, R-2, R-3, R-4, NSZ, NCCZ and MU)
(1) Single-family and two-family dwellings:
One (1) building marker not exceeding one (1) square foot for each single-family residence or each side
of a two-family structure.
a. Every parcel shall be entitled to two (2) signs not exceeding thirty-six (36) square inches to be
placed in any of the following locations:
i. On the front of every building, residence or structure;
ii. On each side of an authorized U.S. Postal Service mailbox; and
iii. On one (1) post which measures no more than forty-eight (48) inches in height and four (4)
inches in width.
(2) Multi-family dwellings:
a. One (1) freestanding sign that shall not exceed thirty-two (32) square feet and eight (8) feet in
height and shall have a front yard setback of twenty (20) feet;
b. One (1) wall sign that shall not exceed twelve (12) square feet.
(3) Incidental signs which shall not exceed two (2) square feet.
(4) Home occupation - One (1) wall sign not exceeding one (1) square foot.
(5) Subdivision - One (1) subdivision monument sign per entrance into a residential subdivision not to
exceed thirty-two (32) square feet and eight (8) feet in height. Said sign shall have a setback of ten
(10) feet from the traveled portion of the public way.
(6) Buildings used for religious or educational activities and cemeteries:
a. One (1) freestanding sign that shall not exceed thirty-two (32) square feet and eight (8) feet in
height. Said sign shall have a front yard setback of ten (10) feet;
b. One (1) wall sign that shall not exceed twelve (12) square feet;
c. One (1) message board that shall not exceed twelve (12) square feet and eight (8) feet in height;
and
d. Incidental signs which shall not exceed two (2) square feet.
(7) Principally or conditionally permitted commercial uses in the R-4, NSZ, NCCZ and MU Zones:
a. One (1) freestanding sign that shall not exceed thirty-two (32) square feet and eight (8) feet in
height and shall have a front yard setback of ten (10) feet.
b. Wall signs shall be allowed for each tenant or lessee. Such signs shall not exceed twenty (20)
percent of the face of the structure or each individual tenant or lessee space.
(8) No electronic message sign or electronic message boards shall be allowed in any residential zone,
except for the Mixed-Use zone, wherein an electronic message sign or board may be allowed fifty
(50) feet from any residential structure or mixed-use structure with a residential component.
(9) If a proposed sign is larger than allowed within adopted covenants in the MU Zone, it shall be
referred to the Planning Commission as part of an Amendment to a Development Plan.
(o) Professional, commercial and industrial zones (B-1, B-2, B-3, HBZ, M-1, M-2, M-3, HM, POP, A-1).
(1) One (1) freestanding sign per street frontage; additionally, one (1) freestanding sign for every three
hundred (300) linear feet of street frontage.
a. Freestanding signs shall not exceed seventy-five (75) square feet, twenty-five (25) feet in
height and shall have a minimum setback of five (5) feet. When street frontage permits
two (2) signs, the freestanding signs may be combined into one (1) freestanding sign that
shall not exceed one hundred ten (110) square feet. For buildings with more than one (1)
occupying business, this freestanding sign may list all businesses within the building.
b. Monument type freestanding signs shall not exceed sixty (60) square feet, eight (8) feet in
height and shall have a minimum setback of five (5) feet.
(2) One (1) wall sign, canopy sign or awning sign per street frontage with a maximum of four (4) signs
per building or structure. The maximum allowed area for all signage in these zones is thirty-two
(32) square feet or twenty (20) percent of the wall area to which the sign, canopy or awning is
attached, whichever is greater. A maximum of thirty (30) feet of the façade shall be used to
calculate the square footage area of a wall sign. Awnings shall have at least seven (7) feet of
clearance when fully extended. When a building contains two (2) or more separate businesses,
these requirements shall be applied separately to the wall area of the portion of the building
occupied by the individual business.
(3) One (1) message board either attached to a wall sign or freestanding sign not to exceed thirty-two
(32) square feet and eight (8) feet in height.
(4) One (1) drive-thru facility sign for each drive-thru lane, walk-up window or drive-up curbside.
Drive-thru facility signs shall not exceed fifty-five (55) square feet and shall have a maximum
height of eight (8) feet.
(5) One (1) temporary sign per street frontage.
(6) Theater marquee signs.
a. A marquee shall not exceed thirty-two (32) square feet, shall not project more than eight
(8) feet from the building face and shall have a minimum clearance of ten (10) feet.
(7) Incidental signs shall not exceed two (2) square feet.
(8) Buildings used for religious or educational activities.
a. In addition to signage allowed above, one (1) message board, not exceeding thirty-two (32)
square feet and eight (8) feet in height.
(10) Subdivision - One (1) subdivision monument sign per entrance into a commercial or industrial
subdivision not to exceed forty-eight (48) square feet and ten (10) feet in height. Said sign shall
have a setback of 10 (ten) feet from the traveled portion of the public way.
(9) Single-family, two-family and multi-family dwellings shall follow the provisions of subsection
(n).
(10) Perforated signs shall be allowed; however, they shall be either 50/50 or 60/40 perforation. No
perforated sign shall be placed over ingress/ egress door.
(11) Neon signs are allowed.
(p) Historic Downtown area (B-2-T, H-1 and H-2)
(1) Wall signs. One (1) wall sign per building façade shall be allowed, provided that such signs shall
be constructed so that each letter runs parallel to the street upon which the business abuts, shall be
affixed to the exterior wall of the building and shall not protrude from the wall a distance of more
than eighteen (18) inches. Wall signs shall be a maximum size of fifty (50) square feet. Building
facades with more than fifty (50) feet of street frontage are allowed a maximum sign area of one
and one-half (1.5) square feet per linear foot of street frontage subject to a one hundred (100) square
foot maximum.
a. Internal illumination shall be allowed only when the letters themselves are lit and not the
background in the B-2-T Zone.
b. Wall signs may be illuminated indirectly in the H-1 and H-2 Zones.
(2) Freestanding signs shall not exceed twelve (12) square feet.
(3) All signs in the H-1 and H-2 Zones shall be subject to the requirements of section 126-115 (c) and
(g).
(4) Projecting signs. One (1) projecting sign per building façade on a street frontage shall be allowed,
provided that such sign may project from a building no more than four (4) feet horizontally and
have a maximum area of six (6) square feet.
a. The projecting sign shall start no more than six (6) inches from the exterior wall of the building;
b. Shall be mounted by a metal bracket projecting from the wall of the building;
c. Shall be located within two (2) feet of the centerline of the building;
d. May have direct external illumination;
e. May be made of wood, metal alucobond, reinforced canvas or polyurethane foam; and
f. If the structure has a secondary entrance to a separate business or dwelling within the principle
structure, one (1) additional projecting sign shall be allowed. Secondary signs shall not exceed
one (1) square foot and shall be installed above the secondary entrance.
(5) Awning signs. Signs on awnings shall be a maximum size of fifty (50) square feet and may be
illuminated indirectly.
(6) Sandwich board signs are allowed if the business does not have a projecting sign.
(7) Neon signs are allowed.
(q) Additional signage allowed in specific commercial and industrial zones.
(1) Downtown Business Zone (B-2) - In addition to the signage allowed above, the following signs
shall be allowed:
a. Sandwich board signs.
(2) General Business, Highway Business, Light Industrial and Heavy Industrial Zones (B-3, HBZ, M-
1, M-2, M-3)
In addition to the signage allowed in subsection (o), the following signs shall be allowed:
a. Shopping malls larger than one hundred thousand (100,000) square feet may have one (1)
freestanding sign per street frontage with a maximum of two hundred fifty (250) square feet
and a maximum height of thirty (30) feet. All other shopping malls may have one (1)
freestanding sign per street frontage with a maximum of seventy-five (75) square feet and a
maximum height of twenty-five (25) feet. Anchor tenants of a shopping mall may utilize any
exterior wall of the mall for a wall sign, provided all other regulations are followed. Malls that
contain stores with exterior ingress/ egress may utilize a hanging sign as well, provided such
sign does not exceed six (6) square feet.
b. One (1) Interstate sign for those businesses which lie within a two thousand five hundred
(2,500) foot radius of the center point of an Interstate interchange overpass. This Interstate
sign shall take the place of the allowed freestanding sign outlined in subsection (o) above.
These businesses may have a combination of any two (2) of these signs: Interstate sign and
wall signs or freestanding signs and wall sign. Interstate signs shall be subject to the following
restrictions:
1. Individual signs shall not exceed two hundred fifty (250) square feet.
2. Ninety (90) feet in height.
3. The signs base shall be at least ninety (90) feet from any residentially zoned property.
(3) Advertising signs are allowed in the B-3, HBZ, M-1, M-2 & M-3 Zones along state and federal
highways.
(q) Planned Unit Development (PUD).
A sign’s height, size, location and design features shall be determined by the sign requirements set forth in
the underlying zone.
(s) Replacement advertising signs.
In the event the owner of an advertising sign desires to remove the sign and construct another advertising
sign at the same or different location, the owner may apply for a permit from the Fire Prevention Division.
A permit for a replacement advertising sign may be issued only upon the satisfaction of the following
conditions:
a. The number of advertising signs owned by the same owner do not exceed the current amount at
which time the permit is applied for.
b. The replacement advertising sign shall not exceed the face area and number of faces of the replaced
sign.
c. The owner has filed an application for permit for a replacement sign within a period of one (1) year
following the removal of the advertising sign to be replaced.
d. The owner submits reasonable proof of existence of the original advertising sign as of the effective
date of this section.
e. The replacement advertising sign shall comply with the other requirements as set forth in this section.
(t) Advertising on Interstate Highways. No advertising sign shall be allowed adjacent to Interstate or
limited-access highways except in conformance with the setback requirements established by the Kentucky
Transportation Cabinet and the requirements of this Zoning Ordinance with respect to the zoning district
involved and subsection (s) above.
(u) Substitution clause. The owner of any sign which is allowed by this chapter may substitute
noncommercial speech in lieu of any other commercial speech or noncommercial speech. This substitution
of copy may be made without any additional approval or permitting. The purpose of this provision is to
prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any
particular noncommercial speech over any other noncommercial speech. This provision prevails over any
more specific provision to the contrary.
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 Chapter 424.
George Bray, Mayor
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, _____________________
Adopted by the Board of Commissioners, _______________________
Recorded by the City Clerk, ______________________________
Published by The Paducah Sun, ___________________________
ord\126-76 Sign Regulations Repeal & Replace 2022
Agenda Action Form
Paducah City Commission
Meeting Date: April 12, 2022
Short Title: Approve Contract Modification to Professional Services Contract with BFW Engineering &
Testing for the S. 24th Street-S 25th Street Improvement Project in the amount of $48,241.00 - R MURPHY
Category: Ordinance
Staff Work By: Melanie Townsend
Presentation By: Rick Murphy
Background Information: Background Information:
Summary: Expansion of scope of professional services to include waterline design, utility company
coordination, and construction inspection. BFW Engineering & Testing has proposed the following schedule of
additional fees:
24th St 25th St
Water Line Design $ 4,500 $ 5,000
Utility Coordination $ 4,100 $ 4,100
Construction
Inspection
$ 15,081 $ 15,460
TOTAL NTE Fee
Increase
$ 23,681 $ 24,560 $ 48,241
Background: On November 24, 2020 , Ordinance 2020-11-8661 was approved by the Paducah Board of
Commissioners authorizing a professional services contract with BFW Engineering & Testing in the amount of
$159,775.00.
On March 11, 2021, the American Rescue Plan Act funding was signed into law. The City of Paducah was
notified of $6,439,016.00 of available funding. On July 13, 2021, Municipal Order 2481 was authorized by the
Paducah Board of Commissioners to appropriate $4M of ARPA funding toward specific stormwater mitigation
projects.
On September 28, 2021, Ordinance 2021-09-8704, in the amount of $106,500.00 for additional scope of design
to provide additional professional services. This additional scope includes fees of $58,500.00 for BFW
Engineering and $48,000.00 additional for Strand & Associates as a subcontractor to BFW Engineering.
BFW Engineering has submitted a Not To Exceed fee proposal modification in the amount of $48,241.00 for
additional professional services.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Stormwater Mitigation
Communications Plan: Coordinate with affected property owners for right-of-way and
easements
Work with Communications Manager for press releases, social media posts, and other
communications
Coordinate with contractor during road closures
Funds Available:Account Name: S 25th Improvement Project
Account Number: ST0040
Staff Recommendation: Authorize and direct the Mayor to accept and execute Contract Modification #2
and any associated documents. Authorization increases BFW's contract by $48,241.00. The approval of the
contract amendment will increase the total contract amount from $266,275.00 to a Not To Exceed fee of
$314,516.00.
Attachments:
1.ORD - Contract Mod #2- BFW Engineering – 24th Street – S 25th Street Improvement
2.24th 25th St. Contract Modification #2
ORDINANCE NO. 2022-04________
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
CONTRACT MODIFICATION NO. 2 WITH BFW ENGINEERING & TESTING, INC. TO
INCREASE THE CONTRACT BY $48,241 FOR THE SOUTH 24TH STREET AND SOUTH
25TH STREET IMPROVEMENT PROJECT
WHEREAS, on November 24, 2020, the City approved Ordinance 2020-11-8661,
authorizing a professional services contract with BFW Engineering & Testing, Inc, for $159,775
for the South 24th Street & South 25th Street Improvement Project; and
WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) funding
was signed into law which afforded funding in an amount of $6,439,016 to the City of Paducah;
and
WHEREAS, on July 13, 2021, Municipal Order 2481 was authorized by the
Paducah Board of Commissioners to appropriate $4,000,000 of ARPA funding toward specific
stormwater mitigation projects; and
WHEREAS, the City Engineering Department requested Strand & Associates to
identify projects from the City of Paducah Comprehensive Stormwater Master Plan (CSMP) for
which said ARPA funding may be used; and
WHEREAS, the South 24th Street and South 25th Street Improvement Project was
identified and presented to the Commission at the July 13, 2021 meeting; and
WHEREAS, on September 28, 2021, the City approved Ordinance No.
2021-09-8704, in the amount of $106,500 for additional scope of design to provide additional
professional services. This additional scope included fees of $58,500 for BFW Engineering and
$48,000 additional for Strand & Associates as subcontractors to BFW Engineering; and
WHEREAS, BFW Engineering has submitted a Not To Exceed fee proposal in
the amount of $48,241 for additional scope of work to provide additional professional services as
follows; and
Work 24th Street 25th Street
Water Line Design $4,500 $5,000
Utility Coordination $4,100 $4,100
Construction Inspection $15,081 $15,460
TOTAL NTE Fee Increase $23,681 $24,560 $48,241
WHEREAS, Contract Modification No. 2 is required for an increase in the
amount of $48,241, adjusting the total construction project from $266,275 to a Not To Exceed
fee of $314,516.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute Contract Modification
No. 2 with BFW Engineering & Testing, Inc., for the South 24th and South 25th Street
Improvement Project for an increase in the amount not to exceed $48,241, and a new total
contract cost of $314,516.
SECTION 2. This expenditure shall be charged to the S. 25th Improvement
Project Account ST0040.
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
_______________________________________
George Bray, Mayor
ATTEST:
______________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners April 12, 2022
Adopted by the Board of Commissioners, _____________________
Recorded by Lindsay Parish, City Clerk, ______________________
Published by The Paducah Sun, _____________________________
\ord\eng\Contract Mod #2- BFW Engineering – S 24th Street – S 25th Street Improvement
March 10, 2022
Mr. Rick Murphy, City Engineer
300 S. 5th St.
PO Box 2267
Paducah, KY 42002-2267
RE: REVISED SCOPE OF WORK & ENGINEERING FEE for water line relocation design; coordination with all impacted
utility companies; construction inspection for the 24th & 25th Street Improvement Project.
Dear Mr. Murphy:
Bacon Farmer Workman Engineering & Testing, Inc. appreciates the opportunity to present this Revised Scope of Work to
provide the engineering services for the referenced above.
The SCOPE OF WORK that will be performed by BFW Engineering:
BFW WATER LINE DESIGN: Coordinate with Paducah Water Works to design and draft the plans for the relocation of
conflicting water main, services and meters along 25th and 24th Streets. Coordinate with the KY Division of Water to acquire
their approval of the plans.
BFW UTILITY COMPANY COORDINATION: BFW will work with Paducah Water, JSA, Atmos, AT&T, Comcast, and Paducah
Power to coordinate any necessary relocation of existing utilities that were in conflict with the roadway improvement
projects along 25th and 24th Streets.
BFW CONSTRUCTION INSPECTION SERVICES: Provide general overall construction observation. Inspect construction
procedures, installation, and materials. Provide estimation of the installed quantities. Verify existing subgrade for
acceptance according to the KYTC Specifications prior to installation of aggregate base. Verify asphalt thickness and
placement temperatures during installation. Provide daily inspection reports to the owner.
BFW PROPOSED FEE – (The work will be performed at our standard hourly rates).
24th St. 25th St.
Water Line Design $ 4,500 $ 5,000
Utility Company Coordination $ 4,100 $ 4,100
Construction Inspection Services $ 15,081 $ 15,460
BFW Total Estimated Fee $ 23,681 $ 24,560
We appreciate this opportunity and look forward to working with you and your staff on this project.
Sincerely,
Mike McGregor PE, Project Manager
Bacon Farmer Workman Engineering &Testing, Inc.
If you agree with this Scope of Work and Proposed Fee, please sign on the lines provided below and return to
our office.
Authorization to Proceed:
Proposal Date – March 10, 2022
Mr. Rick Murphy, City Engineer
300 S. 5th St.
PO Box 2267
Paducah, KY 42002-2267
____________________________________ __________________
Signature Date
____________________________________
Name (Printed)
____________________________________
Title
Agenda Action Form
Paducah City Commission
Meeting Date: April 12, 2022
Short Title: Approve of Construction Contract for Buckner Lane Bridge Replacement Project with Jim Smith
Contracting, LLC in the amount of $1,985,514.37 - R MURPHY
Category: Ordinance
Staff Work By: Melanie Townsend
Presentation By: Rick Murphy
Background Information: Summary: Approving construction contract with Jim Smith Contracting, LLC for
the construction of a replacement structure for the Buckner Lane bridge over Crooked Creek and the
installation of a new culvert under Oakcrest Drive, as well as, associated asphalt roadway widening and utility
relocations. The project limits are between Hansen Road and Pecan Drive.
Background: On April 26, 2018, a major disaster declaration, FEMA-4361-DR-KY, was signed by the
President for the 2018 Flooding and Severe Weather Events occurring from February 21, 2018 through March
21, 2018. As a result, the City of Paducah applied for and received Disaster Relief Funding for the restoration
of the Buckner Lane Bridge under Event 4361DR-KY. The Federal Emergency Management Agency (FEMA)
has estimated $438,774.00 total bridge rehab cost with 75% Federal Share and 25% Non-Federal Share. FEMA
has obligated $329,081.00 in Federal funds for the Buckner Lane Bridge Replacement Project. The Non-
Federal Share of $109,693.00 is split between State ($52,652.00) and Local ($57,041.00) cost shares.
On March 11, 2021, the American Rescue Plan Act funding was signed into law. The City of Paducah was
notified of $6,439,016.00 of available funding. On July 13, 2021, Municipal Order 2481 was authorized by the
Paducah Board of Commissioners to appropriate $4M of ARPA funding toward specific stormwater mitigation
projects. On September 28, 2021, Ordinance 2021-09-8703 was approved to increase the scope to include
additional stormwater mitigation using ARPA funding.
On March 23, 2022, the Engineering Department opened sealed bids for the Buckner Lane Bridge Replacement
Project. BFW Engineering & Testing performed bid evaluation and recommended Jim Smith Contracting, LLC
as submitting the lowest responsive bid at $1,985,514.37. Two (2) bids were received as follows:
(1) Harold Coffey Construction: $2,194,900.93
(2) Jim Smith Contracting: $1,985,514.37
Currently, the project has existing funding to be used for engineering administration, construction oversight,
and a portion for construction. In order to fully fund the project, the Finance Director is authorized to transfer
$1.7M from the ARPA Project Fund into the Buckner Lane Bridge Replacement Project Account (PF0078).
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: Stormwater mitigation
Communications Plan: Coordinate with Communication Manager for press releases and social
media posts.
In person communication with affected property owners before, during and after the project.
Funds Available:Account Name: Buckner Lane Bridge Project
Account Number: PF0078
Staff Recommendation: To receive and file the bids and adopt an ordinance authorizing the Mayor to
execute a contract with Jim Smith Contracting, LLC in the amount of $1,985,514.37 for the Buckner Lane
Bridge Replacement Project. Additionally, to authorize the Finance Director to transfer $1.7M from the ARPA
Project Fund into the Buckner Lane Bridge Replacement Project Account (PF0078).
Attachments:
1.ORD agree- Jim Smith Contracting Buckner Lane Bridge Project - 2022
ORDINANCE NO. 2022-___-__________
AN ORDINANCE ACCEPTING THE BID OF JIM SMITH CONTRACTING,
LLC, IN THE AMOUNT OF $1,985,514.37 FOR THE CONSTRUCTION OF A
REPLACEMENT STRUCTURE FOR THE BUCKNER LANE BRIDGE OVER CROOKED
CREEK, THE INSTALLATION OF A NEW CULVERT UNDER OAKCREST DRIVE, AND
ASSOCIATED ASPHALT ROADWAY WIDENING AND UTILITY RELOCATIONS,
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME, AND
AUTHORIZING THE FINANCE DIRECTOR TO TRANSFER $1.3 MILLION FROM ARPA
PROJECT ACCOUNT INTO THE BUCKNER LANE BRIDGE REPLACEMENT PROJECT
ACCOUNT
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah accepts the bid of Jim Smith Contracting,
LLC in the amount of $1,985,514.37 for the Buckner Lane Bridge Replacement Project. BFW
Engineering & Testing performed bid evaluation and recommended Jim Smith Contracting, LLC
as submitting the lowest responsive bid, said bid being in substantial compliance with bid
specifications, and advertisement for bids, as contained in the bid of Jim Smith Contracting,
LLC, of March 23, 2022.
SECTION 2. That the Mayor is hereby authorized to execute a contract with Jim
Smith Contracting, LLC for the Buckner Lane Bridge Replacement Project, authorized in
Section 1 above, according to the specifications, bid proposal and all contract documents
heretofore approved and incorporated in the bid.
SECTION 3. That the Finance Director is hereby authorized and instructed to
transfer $1.3 Million from the ARPA Project Fund into the Buckner Lane Bridge Replacement
Project Account (PF0078). The expenditure, authorized by Section 1 above, shall be charged to
the Buckner Lane Bridge Replacement Project Account (PF0078).
SECTION 4. This Ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
______________________________
George Bray, Mayor
ATTEST:
_______________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, April 12, 2022
Adopted by the Board of Commissioners, ________________
Recorded by Lindsay Parish, City Clerk, _________________
Published by The Paducah Sun, _____________________
\ord\eng\agree- Jim Smith Contracting Buckner Lane Bridge Project - 2022
Agenda Action Form
Paducah City Commission
Meeting Date: April 12, 2022
Short Title: Approve Contract Modification #1 of Flapgate Construction Contract with Jim Smith
Contracting, LLC in the amount of ($463,400.00) - R MURPHY
Category: Ordinance
Staff Work By: Melanie Townsend, Rick Murphy
Presentation By: Rick Murphy
Background Information: Summary: Contract Modification #1 to Flapgate Construction Contract with Jim
Smith Contracting, LLC in the amount of ($463,400.00) due to a change in vendor supplying the materials
required for this project, we are able to significantly reduce the total contract cost resulting in a final contract
amount of $1,688,600.00.
Background: On July 27, 2021, Ordinance 2021-07-8696 was approved by the Paducah Board of
Commissioners to award a construction contract to Jim Smith Contracting, LLC in the amount of
$2,152,000.00 for the Floodwall Flapgate Replacement Project.
Due to supply chain issues, vendor non-responsiveness, and excessive cost of materials and items to fulfill the
Buy American Act, the City issued a waiver of the Buy American Act to Jim Smith Contracting, LLC. The
City consulted with the U.S. Army Corps of Engineers to verify authority to issue the waiver.
The Floodwall Flapgate Replacement Project is part of the larger US Army Corps of Engineers' Paducah Local
Flood Protection Project (LFPP) System rehabilitation project. This approximately $36M project involves the
rehabilitation of all pump stations, discharge pipes, flapgates and other structures associated with the Paducah
Local Flood Protection Project (LFPP) System.
The federal government is a 65% partner with the City contributing 35% to the total project. The Floodwall
Flapgate Replacement Project is part of the City's in-kind match and counts toward the City's 35% project
portion.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority: Stormwater mitigation
Communications Plan: Coordinate with Communication Manager for public announcements
and social media posts.
Funds Available:Account Name: Flapgates
Account Number: FW0010
Staff Recommendation: Authorize and direct the Mayor to sign Contract Modification #1 with Jim Smith
Contracting, LLC for the construction contract on Floodwall Flapgate Replacement Project in the amount of
($463,400.00) with a final contract amount of $1,688,600.00
Attachments:
1.ORD Contract Amend No. 1 – Jim Smith Contracting Flapgate Replacement Project
2.Paducah Flap Gate Revised Price Proposal
ORDINANCE NO. 2022-______-_________
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
CONTRACT MODIFICATION NO. 1 WITH JIM SMITH
CONTRACTING, LLC., FOR A DECREASE IN THE AMOUNT OF
$463,400.00 FOR THE FLOODWALL FLAPGATE PROJECT
WHEREAS, on July 27, 2021, the City Commission approved Ordinance No.
2021-07-8696 to authorize an agreement with Jim Smith Contracting in the amount of
$2,152,000 for the Paducah Floodwall Flapgate Replacement Project; and
WHEREAS, due to supply chain issues, vendor non-responsiveness, and
excessive cost of materials and items to fulfill the Buy American Act, the City issued a waiver of
the Buy American Act to Jim Smith Contracting, LLC; and
WHEREAS, the City of Paducah now desires to enter into Contract Modification
#1 with Jim Smith Contracting, LLC to decrease the contract in an amount of $463,400.00 with a
final contract amount of $1,688,600.00.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute Contract Modification
No.1 with Jim Smith Contracting, LLC to decrease the contract in an amount of $463,400 with a
resulting in a final contract amount of $1,688,600.00.
SECTION 2. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
____________________________________
George Bray, Mayor
ATTEST:
__________________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, April 12, 2022
Adopted by the Board of Commissioners, _________________________
Recorded by Lindsay Parish, City Clerk, __________________________
Published by The Paducah Sun, __________________________________
\ord\eng\Contract Amend No. 1 – Jim Smith Contracting Flapgate Replacement Project
BATTER PLAN SET CONTRACT
ANGLE PAGE UNIT PRICE AMOUNT UNIT PRICE AMOUNT CHANGE
1.Flap Gate - 60”F25 2.5°EA 1 200+58A 01C-04 $55,000.00 $55,000.00 1 $43,000.00 $43,000.00 -$12,000.00
2.Sluice Gate - 15”S25 -EA 1 187+49A 01C-04 $55,000.00 $55,000.00 1 $44,000.00 $44,000.00 -$11,000.00
3.Flap Gate - 60”F55 2.5°EA 6 157+63A 01C-05 $65,000.00 $390,000.00 6 $43,000.00 $258,000.00 -$132,000.00
4.Flap Gate - 24”F25 5°EA 1 151+25A 01C-05 $25,000.00 $25,000.00 1 $21,000.00 $21,000.00 -$4,000.00
5.Flap Gate - 24”F25 5°EA 1 147+25A 01C-05 $25,000.00 $25,000.00 1 $25,000.00 $25,000.00 $0.00
6.Flap Gate - 24”F25 5°EA 1 144+00A 01C-05 $25,000.00 $25,000.00 1 $25,000.00 $25,000.00 $0.00
7.Flap Gate - 18”F25 5°EA 1 140+45A 01C-05 $13,000.00 $13,000.00 1 $10,000.00 $10,000.00 -$3,000.00
8.Flap Gate - 30”F25 5°EA 1 130+00A 01C-06 $34,000.00 $34,000.00 1 $29,000.00 $29,000.00 -$5,000.00
9.Flap Gate - 72”F55 2.5°EA 1 111+67A 01C-06 $99,000.00 $99,000.00 1 $74,000.00 $74,000.00 -$25,000.00
10.Flap Gate - 24”F55 5°EA 1 84-00A 01C-07 $28,000.00 $28,000.00 1 $22,000.00 $22,000.00 -$6,000.00
11.Sluice Gate - 24” in MH S55 -EA 1 175+40B 01C-09 $61,000.00 $61,000.00 1 $48,000.00 $48,000.00 -$13,000.00
12.Sluice Gate - 24” in MH S25 -EA 1 161+66B 01C-09 $60,000.00 $60,000.00 1 $47,000.00 $47,000.00 -$13,000.00
13.Sluice Gate - 18” in MH S25 -EA 1 149+69B 01C-09 $54,000.00 $54,000.00 1 $44,000.00 $44,000.00 -$10,000.00
14.Sluice Gate - 30” in MH S25 -EA 1 145+92B 01C-09 $63,000.00 $63,000.00 1 $48,000.00 $48,000.00 -$15,000.00
15.Sluice Gate - 24” in MH S55 -EA 1 145+61B 01C-09 $55,000.00 $55,000.00 1 $41,000.00 $41,000.00 -$14,000.00
16.Flap Gate - 36”F25 5°EA 1 128+61B 01C-10 $35,000.00 $35,000.00 1 $29,000.00 $29,000.00 -$6,000.00
17.Flap Gate - 20” in MH F25 5°EA 1 123+61B 01C-10 $24,000.00 $24,000.00 1 $21,000.00 $21,000.00 -$3,000.00
18.Flap Gate - 24” in MH S25 -EA 1 119+45B 01C-10 $60,000.00 $60,000.00 1 $41,000.00 $41,000.00 -$19,000.00
19.Flap Gate - 24” in MH F55 5°EA 1 115+26B 01C-10 $25,000.00 $25,000.00 1 $21,000.00 $21,000.00 -$4,000.00
20.Flap Gate - 54” in MH F55 2.5°EA 1 108+58B 01C-10 $65,000.00 $65,000.00 1 $65,000.00 $65,000.00 $0.00
21.Sluice Gate - 36” in MH S25 -EA 1 90+36B 01C-11 $65,000.00 $65,000.00 1 $50,000.00 $50,000.00 -$15,000.00
22.Flap Gate - 18”F25 5°EA 1 80+00B 01C-11 $19,000.00 $19,000.00 1 $16,000.00 $16,000.00 -$3,000.00
23.Flap Gate - 8”, Outfall Pipe, and
Headwall
F25 5°EA 1 74+40B 01C-11
$10,000.00 $10,000.00 1 $9,000.00 $9,000.00 -$1,000.00
24.Flap Gate - 30” in MH F55 5°EA 1 69+86B 01C-12 $37,000.00 $37,000.00 1 $30,000.00 $30,000.00 -$7,000.00
25.Flap Gate - 24” in MH F55 5°EA 1 57+98B 01C-12 $29,000.00 $29,000.00 1 $23,000.00 $23,000.00 -$6,000.00
STATION CONTRACT REVISED
QTY
PROPOSED
City of Paducah
Flood Protection Flap Gate Replacement
Contractor:
Jim Smith Contracting Co., LLC
Revised Price Proposal
ITEM DESCRIPTION Type UNIT QTY
BATTER PLAN SET CONTRACT
ANGLE PAGE UNIT PRICE AMOUNT UNIT PRICE AMOUNT CHANGE
STATION CONTRACT REVISED
QTY
PROPOSED
Revised Price Proposal
ITEM DESCRIPTION Type UNIT QTY
26.Flap Gate - 12” in MH F25 5°EA 1 28+49B 01C-12 $17,000.00 $17,000.00 1 $15,000.00 $15,000.00 -$2,000.00
27.Flap Gate - 66”F55 2.5°EA 1 19+11B 01C-13 $85,000.00 $85,000.00 1 $62,000.00 $62,000.00 -$23,000.00
28.Flap Gate - 18”F55 5°EA 1 7+54B 01C-13 $22,000.00 $22,000.00 1 $16,000.00 $16,000.00 -$6,000.00
29.Flap Gate - 36”F55 5°EA 1 291+75C 01C-14 $43,000.00 $43,000.00 1 $33,000.00 $33,000.00 -$10,000.00
30.Flap Gate - 36”F55 5°EA 1 254+06C 01C-15 $43,000.00 $43,000.00 1 $33,000.00 $33,000.00 -$10,000.00
31.Flap Gate - 30”F25 5°EA 1 244+65C 01C-15 $33,000.00 $33,000.00 1 $28,000.00 $28,000.00 -$5,000.00
32.Flap Gate - 36”F25 5°EA 1 224+17C 01C-16 $35,000.00 $35,000.00 1 $29,000.00 $29,000.00 -$6,000.00
33.Sluice Gate - 8” and MH lid F25 -EA 1 220+00C 01C-16 $45,000.00 $45,000.00 1 $37,000.00 $37,000.00 -$8,000.00
34.Flap Gate - 24”F25 5°EA 2 217+35C 01C-16 $22,000.00 $44,000.00 2 $18,300.00 $36,600.00 -$7,400.00
35.Flap Gate - 36”F25 5°EA 1 206+90C 01C-16 $21,000.00 $21,000.00 1 $15,000.00 $15,000.00 -$6,000.00
36.Flap Gate - 24”F25 5°EA 1 200+55C 01C-17 $25,000.00 $25,000.00 1 $21,000.00 $21,000.00 -$4,000.00
37.Flap Gate - 24”F25 5°EA 1 199+80C 01C-17 $25,000.00 $25,000.00 1 $21,000.00 $21,000.00 -$4,000.00
38.Flap Gate - 48”F25 2.5°EA 1 176+90C 01C-17 $50,000.00 $50,000.00 1 $39,000.00 $39,000.00 -$11,000.00
39.Flap Gate - 24”F25 5°EA 1 176+47C 01C-18 $25,000.00 $25,000.00 1 $21,000.00 $21,000.00 -$4,000.00
40.Flap Gate - 24”F25 5°EA 1 172+08C 01C-18 $25,000.00 $25,000.00 1 $21,000.00 $21,000.00 -$4,000.00
41.Flap Gate - 48”F25 2.5°EA 1 128+80C 01C-19 $50,000.00 $50,000.00 1 $50,000.00 $50,000.00 $0.00
42.Flap Gate - 48”F25 2.5°EA 2 92+70C 01C-20 $48,000.00 $96,000.00 2 $37,000.00 $74,000.00 -$22,000.00
43.Flap Gate - 36”F25 5°EA 1 51+28C 01C-22 $33,000.00 $33,000.00 1 $29,000.00 $29,000.00 -$4,000.00
44.Bonds and Insurance --LS 1 --$24,000.00 $24,000.00 1 $24,000.00 $24,000.00 $0.00
-$463,400.00TOTALS$2,152,000.00 $1,688,600.00
Agenda Action Form
Paducah City Commission
Meeting Date: April 12, 2022
Short Title: Approve Consensual Annexation of 5250 & 5266 US Highway 60 West - J SOMMER
Category: Ordinance
Staff Work By: Nicholas Hutchison, Josh Sommer
Presentation By: Josh Sommer
Background Information: The Overland Group has requested consensual annexation into the City of
Paducah for the above-referenced addresses. These properties are the Sonic Drive-In, Taco John's and a
portion of US 60 ROW. They intend to take advantage of the City of Paducah Real Estate Property Tax
reimbursement and the Sanitation Pick-up incentives.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: It aligns with the Communty Growth Priority
Communications Plan:
Funds Available:Account Name:
Account Number:
Staff Recommendation: Approval of the consensual annexation
Attachments:
1.ORD Annex - Consensual 5250 and 5266 U.S. Highway 60 West
2.REVISED LEGAL DESCRIPTION
3.REVISED TACO JOHN ANNEXATION
4.Signed Annexation request
ORDINANCE NO. 2022-___-_______
AN ORDINANCE EXTENDING THE BOUNDARY OF THE CITY OF PADUCAH,
KENTUCKY, BY ANNEXING CERTAIN PROPERTY LYING ADJACENT TO THE
CORPORATE LIMITS OF THE CITY OF PADUCAH, AND DEFINING ACCURATELY THE
BOUNDARY OF SAID PROPERTY TO BE INCLUDED WITHIN THE SAID CORPORATE
LIMITS
WHEREAS, the property, approximately 1.526 acres of land located at 5250 U. S.
Highway 60 West, and 5266 U. S. Highway 60 west, is contiguous to the boundaries of the City
of Paducah and particularly and accurately set out in the legal description below; and
WHEREAS, said property is suitable for development for urban purposes without
unreasonable delay because of population density, commercial, industrial, or governmental use of
land, or subdivision of land; and
WHEREAS, said property does not include any territory that is already within the
jurisdiction of another incorporated city, or another county; and
WHEREAS, said property is not part of an agricultural district formed pursuant to
KRS 262.850(10); and
WHEREAS, the owners of said property, The Overland Group, has requested said
consensual annexation in writing to the Board of Commissioners, and they intend to take advantage
of the City of Paducah Real Estate Property Tax reimbursement and the Sanitation Pick-up
incentives; and
WHEREAS, pursuant to KRS 81A.412, a city may annex any area that meets the
requirements of KRS 81A.410 if each of the landowners in the area to be annexed gives prior
written consent to the annexation; and
WHEREAS, the City of Paducah now wishes to enact a single ordinance annexing the
land described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah, Kentucky, annexes into the corporate limits and
makes a part of the City of Paducah, Kentucky, said real property being more particularly and
accurately described as follows:
LEGAL DESCRIPTION
OF TRACTS A, B AND C
1.526 ACRES TO BE ANNEXED
Lying on the Southerly side of U.S. Highway 60 and being the DGW Investments property recorded in
Deed Book 1339, page 174 and the Store Master Funding XIV LLC Property recorded in Deed Book 1357,
page 377, McCracken County Court Clerk’s office, McCracken County, Kentucky and more particularly
bounded and described as follows to wit:
Beginning at an existing ½” rebar with cap 2900 in the Southerly right-of-way line of U.S. Highway 60 at
the Northeasterly corner of the DGW Investments property per Deed Book 1339, page 174 and the
Northwesterly corner of the Banterra Bank property per Deed Book 945, page 521 and at a corner to the
existing Corporate Limits to the City of Paducah, said point being S 72°55’00” W as measured along the
Southerly right-of-way line of said U.S. Highway 60 a distance of 178.40 feet from an existing ½” rebar
with cap (illegible) at its intersection with the Westerly right-of-way line of Olivet Church Road; THENCE
FROM SAID POINT OF BEGINNING Southeastwardly with the Easterly line of said DGW Investments
Property per Deed Book 1339, page 174 and the City of Paducah Corporate Limits for the following 2 calls:
S 8°50’39” E 99.63 feet to an existing ½” rebar with cap 2900; and S 16°18’02” E 100.01 feet to an existing
concrete monument (broken and disturbed) at the Southwesterly corner of aforesaid Banterra Bank property
per Deed Book 945, page 521 and a corner to aforesaid Corporate Limits to the City of Paducah; thence S
20°00’42” W and continuing with the Easterly line of said DGW Investments property per Deed Book
1339, page 174, a distance of 76.38 feet to a ½” rebar with cap 3861 set at the Southeasterly corner thereof:
thence N 83°01’09” W with the Southerly line of said DGW Investments property 153.42 feet to an existing
½” rebar with cap 2105 at the Southwesterly corner thereof and the Southeasterly corner of the Store Master
Funding XIV LLC property per Deed Book 1357, page 377; thence N 82°57’24” W with the Southerly line
of said Store Master Funding XIV LLC property 178.14 feet to an existing ½” rebar with cap 2900 at the
Southwesterly corner thereof; thence N 5°21’17” E with the West line of said Store Master Funding XIV
LLC property 135.48 feet to an existing ½” rebar with cap 3445 at the Northwest corner thereof and in the
Southerly right-of-way line of aforesaid U.S. Highway 60 and aforesaid Corporate Limits to the City of
Paducah; thence N 73°14’00” E with the Southerly right-of-way line of said U.S. Highway 60 and said City
of Paducah Corporate Limits line 139.10 feet to an existing ½” rebar with cap 2900 at the Northeast corner
of said Store Master Funding XIV LLC property and the Northwest corner of aforesaid DGW Investments
property per Deed Book 1339, page 174; thence N 73°00’57” E and continuing with said Southerly right-
of-way line and said Corporate Limits to City of Paducah 9.25 feet to a ½” rebar with cap 3861 set at an
angle point in said Southerly right-of-way line; thence N 73°00’56” E and leaving said Southerly right-of-
way line and also continuing with said corporate limits line to the City of Paducah 51.95 feet to a mag nail
with washer 3861 set in said Southerly right-of-way line to U.S. Highway 60 that is 112 feet tangent and
Southeastwardly therefrom centerline Highway Station 324+80; thence N 73°00’57” E and continuing with
the Southerly right-of-way line of said U.S. Highway 60 and said Corporate Limits to City of Paducah
112.36 feet to the Point of beginning and containing 1.526 Acres and shown as Tracts A, B, and C on
“Annexation Plat for Store Master Funding XIV LLC, DGW Investments and Commonwealth of
Kentucky” dated March 31, 2022.
SECTION 2. The City of Paducah hereby declares it desirable to annex the property
described in Section 1 above.
SECTION 3. If any section or portion of this ordinance is for any reason held to be
invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion
shall be deemed severable and shall not affect the validity of the remaining sections of the
ordinance.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are to the extent
of such conflict hereby repealed.
SECTION 5. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
______________________________
George Bray, Mayor
ATTEST:
________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, April 12, 2022
Adopted by the Board of Commissioners, ____________
Recorded by Paducah City Clerk, ___________
Published by The Paducah Sun, _______________
ORD\Plan\Annex – Consensual 5250 and 5266 U.S. Highway 60 West
CERTIFICATION
I, Lindsay Parish, hereby certify that I am the duly qualified and acting Clerk of the City of
Paducah, Kentucky and that the foregoing is a full, true and correct copy of Ordinance
2022-______________ adopted by the Board of Commissioners of the City of Paducah at a
meeting held on __________________.
WITNESS, my hand and seal of the City of Paducah, this _____ day of _____________, 2022.
______________________________
Lindsay Parish, City Clerk
SITEWORX SURVEY & DESIGN, LLC
124 SOUTH 31ST STREET, PADUCAH, KY 42001
(270) 443-8491 FAX (270) 443-8494
LEGAL DESCRIPTION
OF TRACTS A, B AND C
1.526 ACRES TO BE ANNEXED
Lying on the Southerly side of U.S. Highway 60 and being the DGW Investments property recorded in Deed Book
1339, page 174 and the Store Master Funding XIV LLC Property recorded in Deed Book 1357, page 377,
McCracken County Court Clerks office, McCracken County, Kentucky and more particularly bounded and
described as follows to wit:
Beginning at an existing ½” rebar with cap 2900 in the Southerly right-of-way line of U.S. Highway 60 at the
Northeasterly corner of the DGW Investments property per Deed Book 1339, page 174 and the Northwesterly
corner of the Banterra Bank property per Deed Book 945, page 521 and at a corner to the existing Corporate
Limits to the City of Paducah, said point being S 72°55’00” W as measured along the Southerly right-of-way line
of said U.S. Highway 60 a distance of 178.40 feet from an existing ½” rebar with cap (illegible) at its intersection
with the Westerly right-of-way line of Olivet Church Road; THENCE FROM SAID POINT OF BEGINNING
Southeastwardly with the Easterly line of said DGW Investments Property per Deed Book 1339, page 174 and
the City of Paducah Corporate Limits for the following 2 calls: S 8°50’39” E 99.63 feet to an existing ½” rebar with
cap 2900; and S 16°18’02” E 100.01 feet to an existing concrete monument (broken and disturbed) at the
Southwesterly corner of aforesaid Banterra Bank property per Deed Book 945, page 521 and a corner to
aforesaid Corporate Limits to the City of Paducah; thence S 20°00’42” W and continuing with the Easterly line of
said DGW Investments property per Deed Book 1339, page 174, a distance of 76.38 feet to a ½” rebar with cap
3861 set at the Southeasterly corner thereof: thence N 83°01’09” W with the Southerly line of said DGW
Investments property 153.42 feet to an existing ½” rebar with cap 2105 at the Southwesterly corner thereof and
the Southeasterly corner of the Store Master Funding XIV LLC property per Deed Book 1357, page 377; thence
N 82°57’24” W with the Southerly line of said Store Master Funding XIV LLC property 178.14 feet to an existing
½” rebar with cap 2900 at the Southwesterly corner thereof; thence N 5°21’17” E with the West line of said Store
Master Funding XIV LLC property 135.48 feet to an existing ½” rebar with cap 3445 at the Northwest corner
thereof and in the Southerly right-of-way line of aforesaid U.S. Highway 60 and aforesaid Corporate Limits to
the City of Paducah; thence N 73°14’00” E with the Southerly right-of-way line of said U.S. Highway 60 and said
City of Paducah Corporate Limits line 139.10 feet to an existing ½” rebar with cap 2900 at the Northeast corner
of said Store Master Funding XIV LLC property and the Northwest corner of aforesaid DGW Investments property
per Deed Book 1339, page 174; thence N 73°00’57” E and continuing with said Southerly right-of-way line and
said Corporate Limits to City of Paducah 9.25 feet to a ½” rebar with cap 3861 set at an angle point in said
Southerly right-of-way line; thence N 73°00’56” E and leaving said Southerly right-of-way line and also continuing
with said corporate limits line to the City of Paducah 51.95 feet to a mag nail with washer 3861 set in said
Southerly right-of-way line to U.S. Highway 60 that is 112 feet tangent and Southeastwardly therefrom
centerline Highway Station 324+80; thence N 73°00’57” E and continuing with the Southerly right-of-way line of
said U.S. Highway 60 and said Corporate Limits to City of Paducah 112.36 feet to the Point of beginning and
containing 1.526 Acres and shown as Tracts A, B, and C on “Annexation Plat for Store Master Funding XIV LLC,
DGW Investments and Commonwealth of Kentucky” dated March 31, 2022.
75*+)*
9
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41#& %.1SHEETOF 1CERTIFICATE OF RECORDINGSURVEYOR'S CERTIFICATECERTIFICATE OF ACKNOWLEDGMENTOWNERS CERTIFICATEMAYOR'S CERTIFICATE OFDEDICATION APPROVAL
Agenda Action Form
Paducah City Commission
Meeting Date: April 12, 2022
Short Title: FY2022 Budget Amendment in the amount of $3 Million to allocate funding and authorize
payment for the Airport Terminal Project from the 2020A GOB Bond Proceeds - D JORDAN
Category: Ordinance
Staff Work By: Lindsay Parish, Jonathan Perkins, Daron Jordan
Presentation By: Daron Jordan
Background Information: The Board of Commissioners approved Ordinance No. 2021-08-8701 which
authorized an Interlocal Agreement with McCracken County and the Barkley Regional Airport to make a local
share payment in an anticipated amount of $2.9 million (but not exceeding $3 million) for the Barkley Regional
Airport Terminal Project. This ordinance authorizes a budget amendment to move funding from the 2020A
GOB Bond Proceeds into the Capital Improvement Project Fund (Airport Terminal Project) and authorizes the
Finance Director to make said payment to the Barkley Regional Airport in accordance with said Interlocal
Agreement from the Airport Terminal Project account upon receipt of required documentation from the
Barkley Regional Airport.
Does this Agenda Action Item align with a Commission Priority? Yes
If yes, please list the Commission Priority: 2021 Priority - Airport
Communications Plan:
Funds Available:Account Name: Capital Improvement Projects - Airport Terminal
Account Number: ED0XXX
Staff Recommendation: Approval.
Attachments:
1.ORD budget amend 2021-22 - April 2022 – Barkley Regional Airport Terminal
ORDINANCE NO. 2022-_____-________
AN ORDINANCE AMENDING ORDINANCE NO. 2021-06-8692, ENTITLED,
“AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL
OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2021, THROUGH JUNE 30,
2022, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS
FOR THE OPERATION OF CITY GOVERNMENT” AND AUTHORIZING THE FINANCE
DIRECTOR TO MAKE PAYMENT FOR THE BARKLEY REGIONAL AIRPORT
TERMINAL PROJECT
WHEREAS, the Board of Commissioners approved Ordinance No. 2021-08-8701
which authorized an Interlocal Agreement with McCracken County and the Barkley Regional
Airport (hereafter “Interlocal Agreement”) to make a local share payment in an anticipated
amount of $2.9 million and not to exceed $3 million for the Barkley Regional Airport Terminal
Project.; and
WHEREAS, KRS prohibits expenses to exceed the budget in any department and
it is therefore necessary to amend the City’s FY2022 budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the annual budget for the fiscal year beginning July 1, 2021,
and ending June 30, 2022, as adopted by Ordinance No. 2021-06-8692, be amended by the
following re-appropriations:
Transfer $3,000,000 from the 2020A GOB Bond Proceeds to the Capital
Improvement Project Fund (Airport Terminal Project)
SECTION 2. That the Finance Director is hereby authorized to make payment to
the Barkley Regional Airport in accordance with the Interlocal Agreement from the Airport
Terminal Project Account.
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
______________________________
George Bray, Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, April 12, 2022
Adopted by the Board of Commissioners, ________________
Recorded Lindsay Parish, City Clerk, ________________
Published by The Paducah Sun, ________________
\ord\finance\budget amend 2021-22 - April 2022 – Barkley Regional Airport Terminal
Agenda Action Form
Paducah City Commission
Meeting Date: April 12, 2022
Short Title: FY2022 Budget Amendment in the amount of $600,000 from Investment Fund Fund Balance
Reserve to be used for City Facilities Improvements (PF0079) - D JORDAN
Category: Ordinance
Staff Work By: Daron Jordan, Jonathan Perkins, Michelle Smolen
Presentation By: Daron Jordan
Background Information: With the FY2022 budget, the City Commission appropriated $200,000 to the 'City Facilities
Improvement Project (PF0079)' set aside for future use for major facility improvements. In order to make such improvements,
sufficient funds must be accumulated. Future budgets will likely contain additional annual funding, but may take many years
to be of sufficient value to take on major improvement projects. To further enhance the project's available balance, it is
recommended that $600,000 from the Investment Fund be transferred to this project funded with FY2022 Investment Fund
reserves. Such a transfer would bring the project's balance to $800,000.
Does this Agenda Action Item align with a Commission Priority? No
If yes, please list the Commission Priority: CI - Facilities
Communications Plan:
Funds Available:Account Name: Investment Fund to City Improvements Project
Account Number: PF0079
Staff Recommendation: Staff recommends for approval to amend the FY2022 Investment Fund budget by
moving $600,000 from Fund Balance Reserves to the City Improvement project (PF0079).
Attachments:
1.budget amend 2021-22 - April 2022 – City Facilities
ORDINANCE NO. 2022-_____-________
AN ORDINANCE AMENDING ORDINANCE NO. 2021-06-8692, ENTITLED,
“AN ORDINANCE ADOPTING THE CITY OF PADUCAH, KENTUCKY, ANNUAL
OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2021, THROUGH JUNE 30,
2022, BY ESTIMATING REVENUES AND RESOURCES AND APPROPRIATING FUNDS
FOR THE OPERATION OF CITY GOVERNMENT”
WHEREAS, FY2022 budget appropriated $200,000 to the City Facilities
Improvement Project Account PF0079 for future use for major facility improvements; and
WHEREAS, in order to make city facility improvements, sufficient funds must be
accumulated; and
WHEREAS, to further enhance the project's available balance, the City
Commission desires to approve a budget amendment to transfer $600,000 from the Investment
Fund to said project funded with FY2022 Investment Fund reserves, bringing the total project
balance to $800,000; and
WHEREAS, KRS prohibits expenses to exceed the budget in any department and
it is therefore necessary to amend the City’s FY2022 budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
KENTUCKY:
SECTION 1. That the annual budget for the fiscal year beginning July 1, 2021,
and ending June 30, 2022, as adopted by Ordinance No. 2021-06-8692, be amended by the
following re-appropriations:
Transfer $600,000 from Fund Balance Reserves to the City Improvement
Project (PF0079).
SECTION 2. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
______________________________
George Bray, Mayor
ATTEST:
_____________________________
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, April 12, 2022
Adopted by the Board of Commissioners, ________________
Recorded Lindsay Parish, City Clerk, ________________
Published by The Paducah Sun, ________________
\ord\finance\budget amend 2021-22 - April 2022 – City Facilities