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HomeMy WebLinkAbout2003-6-6650497 ORDINANCE NO. 2003-6-6650 AN ORDINANCE AMENDING CHAPTER 34, COMMUNITY PLANNING AND DEVELOPMENT, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: G SECTION 1. That Sec. 34-72, "Certificate of Demolition Required for Redevelopment of Historic Properties and Redevelopment in Historic Area including Structures Considered Significant to the Stabilization of Historic Districts" of Ch. 34, "Community Planning and Development", of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: "Sec. 34-72. Certificate of Demolition Required for Redevelopment of Historic Properties and Redevelopment in Historic Area including structures considered significant to the stabilization of historic districts. The Inspection Department shall not issue a demolition permit for any structure designated in either section 34-80 or section 34-81 until a certificate of demolition has been approved by a committee (hereinafter referred to as "Committee") consisting of the Director of Planning, the Chief Building Inspector and the chairperson of the Historical & Architectural Review Commission. (HARC). a third . Said a th d member- to be appointed by the Mayef and appr-eved by the Board of Third member- may be-a- member- of the BeaEd of Cow.-nissioner-s. Third member- must have Fesidefley in the but may t , er-ownr'�r epei4y i the area dere f be,a ; ee fier 34 Q, Any action by the Committee may be appealed by an interested party to the Board of Commissioners". �.� SECTION 2. That Section 75, "Guidelines for Issuance of Certificate of Demolition" of Chapter 34, "Community Planning and Development", of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: Sec. 34-75. Guidelines for Issuance of Certificate of Demolition. (-a) In making a decision on an application for the demolition of a building listed in section 34-80 and 34-81 of this Code, the Committee shall use the following general guidelines and the guidelines adopted for landmark and historic districts contained in the Zoning Code of the city (section 126- 115). The Committee shall consider: (4) (a) The effect of proposed demolition on the location for which that demolition is requested. (2) (b) Relationship between the demolition and other structures in the landmark site, historic district, or other structures considered significant to the stabilization of historic districts. In evaluating the effect and relationship, the Committee shall consider historical and architectural significance, architectural style, design, and arrangement. The certificate from the Committee shall not relieve the property owner from complying with the requirements of other state and local laws and regulations. 498 -() (c) The development plan of the owner and the effect of the development on the city or area of the city in which the property is located. (") 111 llT remel;tion for- n building n „tame a i area of feAh ; enr;e Otis - Code, the Geffm344ee- shall issue a eei4ifie4e of demolition if I i appheant has filed eemplete plans signed by a heensed ar-ehiteet or - 'hewing all , dfainage, utilities s'eiyiees, developer - has -ceffi€ied-that -development shall begin within six SECTION 3. That Section 78, "Economic Hardship", of Chapter 34, "Community Planning and Development", of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: Sec. 34-78. Economic hardship. (a) For buildings listed in section 34-80 and 34-81 of this Code, the Committee shall study the questions of economic hardship for the applicant and shall determine whether the site can be put to reasonable beneficial use without the approval of the demolition application. In the case of an income-producing building, the Committee shall also determine whether the applicant can obtain a reasonable return from his existing building. If the applicant is claiming that denial of the certificate of demolition amounts to a taking of the property without just compensation, the applicant shall so state in his application with all reasons supporting said claim. (b) For buildings listed in section 34-80 and 34-81of this Code, if economic hardship or lack of reasonable return is not proved, the Committee shall deny the application unless the Dir-eete Committee finds: (1) That the benefit from the economic development of the site exceeds the historical and architectural value; and (2) The developer has stated that development will commence within six months, and in that event the application shall be approved". SECTION 4. That Section 81, "Historic Areas and areas considered significant to 1' the stabilization of historic districts Designated", of Chapter 34, "Community Planning and Development", of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: Sec. 34-81. Historic Areas and areas considered significant to the stabilization of historic districts Designated are: 2 499 The area of properties to be controlled by sections 34-71 through 34-79 are as follows: Beginning at a point located at the intersection of the south right-of-way line of Jefferson Street and the west right-of-way of North First Street; thence in a westerly direction along the south right-of-way line of Jefferson Street to a point located at the intersection of the south right-of- way line of Jefferson Street and the west right-of-way line of North Fourth Street; thence in a northerly direction along the west right-of-way line of North Fourth Street to a point located at the intersection of the west right- of-way line of North Fourth Street and the south right-of-way line of Monroe Street; thence in a westerly direction along the south right-of-way line of Monroe Street to a point located at the intersection of the south right-of-way line of Monroe Street and the east right-of-way line of North Seventh Street; thence in a southerly direction along the east right-of-way line of North Seventh Street to a point located at the intersection of the east right-of-way line of North Seventh Street and the south right-of-way line of Jefferson Street; thence in a westerly direction along the south right-of-way line of Jefferson Street to a point located at the intersection of the south right-of-way line of Jefferson Street and the east right-of-way line of North Eighth Street; thence in a southerly direction along the east right-of-way line of North Eighth Street to a point located at the intersection of the east right-of-way line of North Eighth Street and the north right-of-way line of Broadway; thence in an easterly direction along the north right-of-way line of Broadway to a point located at the intersection of the north right-of-way line of Broadway and the east right- of-way line of North Seventh Street; thence in a southerly direction, crossing Broadway along the east right-of-way line of South Seventh Street to a point located at the intersection of the east right-of-way line of South Seventh Street and the north right-of-way line of Clark Street; thence in an easterly direction along the north right-of-way line of Clark Street to a point located at the intersection of the north right-of-way line of Clark Street and the west right-of-way line of South Sixth Street; thence in a northerly direction along the west right-of-way line of South Sixth Street to a point located at the intersection of the west right-of-way line of South Sixth Street and the north right-of-way line of Kentucky Avenue; thence in an easterly direction along the north right-of-way line of Kentucky Avenue to a point located at the intersection of the north right-of-way line of Kentucky Avenue and the east right-of-way line of South Third Street; thence in a southerly direction along the east right-of-way line of South Third Street to a point located at the intersection of the east right-of-way line of South Third Street and the north right-of-way line of Clark Street; thence in an easterly direction along the north right-of-way line of Clark Street, if extended, to the intersection of the north right-of-way line of Clark Street and the west right-of-way line of the floodwall; thence in a northeasterly direction along the west right-of-way line of the floodwall to the intersection of the west right-of-way line of the floodwall and the west right-of-way line of South First Street; thence in a northerly direction along the west right-of-way line of South First Street crossing Broadway to the intersection of the west right-of-way line of North First Street and the south right-of-way line of Jefferson Street; thence to the point of beginning. JEFFERSON STREET -FOUNTAIN AVENUE RESIDENTIAL DISTRICT VERBAL BOUNDARY DESCRIPTION Beginning at a point at the north-west corner of 14ffi Street and Jefferson Street, the boundary of the Jefferson Street -Fountain Avenue Residential District runs north along 14th Street to the southwest corner of 14th and Madison Street, from there it runs west along Madison to the rear of 406 Fountain Avenue, from there it runs north along the rear of 406, 408 & 410 Fountain Avenue. It then runs west along the alley a distance of 150' 3 to the rear of 418 Fountain Avenue. Then it turns north along the rear of 418, 432 & 434 Fountain Avenue to Harrison Street, then it runs west along Harrison Street to the rear of 1700 Fountain Avenue, here it turns south and runs south along the rear of 412 & 419 Fountain Avenue, here it turns west and runs to the rear of 415 Fountain Avenue and 1701 Madison Street, then it runs south along the westerly boundary of 1701 Madison Street to Madison Street, from there it continues west along Madison to the rear property line of 327 Fountain Avenue, here it turns south and runs along the property lines of the properties facing Fountain Avenue to Monroe Street, from there it continues south along the alley behind the properties facing Fountain Avenue. At the intersection of the Fountain and Jefferson Street alleys, the boundary turns west and runs along the alley rear to the northside Jefferson Street xroperties all the way to 28th Street, here it turns south and runs along 28 Street to the alley at the rear of the southside Jefferson Street properties, here it turns east and it runs along the alley to the 2220 block of Jefferson, here the boundary deviates to include the Ritz Hotel at 22nd and Broadway. The boundary continues at the Jefferson Street alley and runs east to 20 Street where it turns south and runs to the northwest corner of 20th and Broadway, from there it runs west along Broadway to the northeast corner of 19th and Broadway, from there it runs north and turns west at the alley, here it follows the alley to the intersection of the Fountain Avenue and Jefferson Street alleys, where it runs south to Broadway, here it turns east and runs along Broadway to the northeast corner of Broadway and Fountain Avenue, from there it runs north and then turns east to run along the alley at the rear of the southside Jefferson Street properties. At 16th Street the boundary turns south and runs to the northeast corner of 16th and Broadway, here it runs east along Broadway to the southeast property boundary of 1331 Broadway, from there it turns north and runs to Jefferson Street from there it turns west and runs along Jefferson Street to the beginning point." SECTION 5. That if any section, paragraph or provision of this ordinance? shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph, an provision hereof separable from all other sections, paragraphs and provisions. SECTION 6. This ordinance shall be read on two separate days and will become effective upon summary publication pursuat ATTEST: Tammara S. Brock, City Clerk Introduced by the Board of Commissioners May 27, 2003 Adopted by the Board of Commissioners June 10, 2003 Recorded by Tammara S. Brock, City Clerk, June 10, 2003 Published by The Paducah Sun, June 16, 2003 \ord\plan\sec 34-72,75, 78, & 81 demo control S