HomeMy WebLinkAbout2003-6-6653M-*
ORDINANCE NO. 2003-6-6653
AN ORDINANCE AMENDING SEC. 126-173,`BOARD OF
ADJUSTMENT," OF CH. 126, "ZONING," OF THE CODE OF ORDINANCES OF
THE CITY OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
f SECTION 1. That Sec. 126-173, "Board of Adjustment," of Ch. 126,
"Zoning," of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
amended to read as follows:
"Sec. 126-173.Board of Adjustment.
(a) A Board of Adjustment (hereinafter known as "the Board") shall be
appointed and organized in conformance with the KRS 100.217. (Code 1968, app. A, § 80)
(b) The Board shall have the following powers and duties:
(1) Bylaws. To adopt bylaws for its own government.
(2) Administrative review. To hear and decide appeals where it is alleged by
the applicant that there is error in any order, requirement, permit,
decision, determination or refusal made by the enforcement officer or
other administrative official in the carrying out of this chapter, and for
interpretation of the zoning map.
(3) Conditional uses. To hear and decide applications for conditional use
permits that allow uses which are specifically named in the zoning
provisions, and which may be suitable only in specific locations in the
zone if certain conditions are met.
(4) Variance. To hear and decide on applications for dimensional variance
where, by reason of the exceptional narrowness, shallowness or unusual
shape of the site, or by reason of exceptional topographic conditions, or
some other extraordinary situation or condition of that site, the literal
enforcement of the dimensional requirements (height or width of
building, or size of yards, but not population density) of the zoning
provisions would deprive the applicant of reasonable capacity to make
use of the land in a manner equivalent to the use permitted other
landowners in the same zone. The Board may impose any reasonable
conditions or restrictions it decides to grant.
(5) Findings for granting of variance. Before any variance is granted, the
Board must find shall consider all of the following, which shall be
recorded along with any improved conditions or restrictions in its
minutes and records and issued in written form to the applicant to
constitute proof of the dimensional variance:
a. The specific conditions, in detail, which are unique to the
applicant's land and do not exist on other land in the same zone.
b. The manner in which the strict application of the provisions of
this chapter would deprive the applicant of the reasonable use of
the land in the manner equivalent to the use permitted other
landowners in the same zone.
C. That the unique conditions and circumstances are not the result
of actions of the applicant taken subsequent to the adoption of
this chapter.
d. Reasons that the variance will preserve, not harm, the public safety
and welfare, and will not alter the essential character of the
neighborhood."
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\ y' SECTION 2. That if any section, paragraph or provision of this Ordinance
shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or
invalidity of such section, paragraph or provision shall not affect any other section,
paragraph or provision hereof, it being the purpose and intent of this Ordinance to make
each and every section, paragraph, a provision hereof separable and from all other
sections, paragraphs and provisions.
509
SECTION 3. This ordinance shall be
become effective upon summary publication pursuar
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
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