HomeMy WebLinkAbout2000-10-6275622
ORDINANCE NO. 2000-10- (Oa -75 -
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:
SECTION 1. That Section 71, "Purpose and Intent of Article", 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:
ARTICLE IV. HISTORIC BUILDINGS
"Sec. 34-71. Purpose and Intent of Article.
It is the intent of this article to regulate the demolition of buildings in areas the-
T ewntev- Paducah Cemmer-ria Tc.str-iO listed on the National Register of Historic Places and
which are hereinafter identified. This article is intended to protect against demolition of
structures and premises designated to be of substantial historical and/or architectural significance
unless substantial economic development and re -development would be impeded."
SECTION 2. That Section 72, "Certificate of Demolition Required for
Redevelopment of Historic Properties and Redevelopment in Historic Area", 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. 34-72. Certificate of Demolition Required for Redevelopment of Historic
✓ Properties and Redevelopment in Historic Area.
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 a third. Said third member to be appointed by the
Mayor and approved by the Board of Commissioners. Third member may be a member of the
Board of Commissioners. Third member must have residency in the City, but may not live in, or
own property in the area described in section 34-81
DevekeprHent-(hereinafter--referred to as-"Direeter" . Any action by the lkeeter Committee may
be appealed by an interested party to the Board of Commissioners".
SECTION 3. That Section 73, "Failure to Obtain or Comply with Certificate of
Demolition; Stop Work Orders", 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. 34-73. Failure to Obtain or Comply with Certificate of Demolition; Stop
Work Orders.
(a) In the event that the Direaer Committee finds that demolition work is
being performed without the required certificate of demolition, the
Difeaer Committee shall ask the Inspection Department to issue a stop
work order.
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(b) In the event work is performed which is not in accordance with the
certificate of demolition, the Inspection Department shall issue a stop
work order, and the Inspection Department may cite violators to the
District Court.
(c) Upon issuance of a stop work order all work shall cease on the designated
property. No additional work shall be undertaken as long as the stop work
order continues in effect. The city may, in addition to other available
remedies, apply to the Circuit Court for an injunction to enforce the stop
work order."
SECTION 4. That Section 74, "Application for 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. 34-74. Application for Certificate of Demolition.
(a) Each application for a certificate of demolition submitted to the Director
of Planning shall contain the applicant's plans for redevelopment on the
property and shall provide drawings of the proposed improvements, and
photographs of existing buildings or structures and adjacent properties.
(b) The Direeter Committee shall make a decision on the application within
30 days after the completed application is received by the Director of
Planning. The decision shall be in writing, setting forth the reasons for
approving or denying the certificate of demolition."
SECTION 5. That Section 75, "Guidelines for Issuance of Certificate of
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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 of this Code, the DireeteCommittee 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 Direeter Committee shall consider:
(1) The effect of proposed demolition on the location for which that
demolition is requested.
(2) Relationship between the demolition and other structures in the
landmark site or other properties in the district. In evaluating the
effect and relationship, the Direete Committee shall consider
historical and architectural significance, architectural style, design,
and arrangement. The certificate from the Dir-eeter Committee
shall not relieve the property owner from complying with the
requirements of other state and local laws and regulations.
(3) 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.
624
(b) In making a decision on an application for a certificate of demolition for a
building contained in the area set forth in section 34-81 of this Code which
is not listed in section 34-80 of this Code, the Dir-eete Committee shall
issue a certificate of demolition if the applicant has filed complete plans
signed by a licensed architect or engineer showing all grading, drainage,
utilities services, and buildings proposed for the site after demolition and
the developer has certified that development shall begin within six
months".
SECTION 6. That Section 76, "Appeal from Decision of DiFeete Committee",
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. 34-76. Appeal from Decision of Direeter Committee.
(a) Any interested party may appeal the decision of the Dkem Committee to
the Board of Commissioners within 15 days by filing a notice with the
Director of Planning and the City Clerk. The Board of Commissioners
shall review, approve or disapprove the decision of the DiFeete
Committee within 60 days.
(b) The Board of Commissioners may suggest modifications to the application
and may then approve a certificate of demolition provided for in the revisions of the plans
submitted. If the Board does not act within the 60 -day period the decision of the Direc-ter
Committee shall be final".
SECTION 7. That Section 77, "Appeal from Decision of Board of
Commissioners", of Chapter 34, "Community Planning and Development", of the Code of
Ordinances of the City of Paducah, Kentucky:
"Sec. 34-77. Appeal from Decision of Board of Commissioners.
The applicant shall have an appeal to the Circuit Court from a decision of the
Board of Commissioners on application for a certificate of demolition."
SECTION 8. 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 of this Code, the DimeteF 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 Dir -em 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. (Code 1968, § 7-8.6)
625
(b) For buildings listed in section 34-80 of this Code, if economic hardship or
lack of reasonable return is not proved, the Direc4e Committee shall deny
the application unless the Director 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 9. That Section 79, "Correction of Dangerous Conditions", 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. 34-79. Correction of dangerous conditions.
(a) In any case where the Fire Inspector and the Chief Building Inspector
determines that there are emergency conditions, dangerous to life, health
and property, affecting a site contained in section 34-80 and 34-81, he
they may order the remedying of these conditions without approval of the
Board.
(b) When possible, preference should be given by the Fire Inspector and Chief
Building Inspector to stabilization as allowed by the PropgAY Maintenance
Code, rather than demolition, as the means for correcting the dangerous
conditions."
SECTION 10. That Section 80, Historic Properties 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. 34-80. Historic Properties Designated.
The location of properties to be controlled by sections 34-71 through 34-79 are:
(1) Petter Headquarters, 117 S. First Street;
(2) Freight Depot, Bauchuss-Johnston Brokerage, 300 S. Third, 310 S. Third;
(3) Sinnot Hotel, 201 Broadway;
(4) Citizens Bank Building, 333 Broadway;
(5) St. Mary Academy Complex, 225 N. Fourth and 218 N. Fifth;
(6) Elks Lodge, 121 N. Fifth;
(7) Columbia Theatre, 510--514 Broadway;
(8) Arcade Theatre, 500--508 Broadway;
(9) St. Francis deSales Church, 540 Broadway;
(10) Irvin Cobb Hotel, 600--606 Broadway, 105 S. Sixth;
(11) Tilghman House, 631 Kentucky Avenue;
(12) Old National Bank Building, 300 Broadway."
SECTION 11. That Section 81, "Historic Areas Designated", of Chapter 34,
"Community Planning and Development", of the Code of Ordinances of the City of Paducah, A
Kentucky, is hereby amended to read as follows:
"Sec. 34-81. Historic Areas Designated.
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
626
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
u� 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 14th Street and Jefferson Street,
there it runs west along Madison to the southeast corner of Fountain Avenue and
Madison from there it runs west around Lang Park to the southwest corner of
Fountain Avenue and Madison from there it continues west along Madison to the
rear property line of 319 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 alongthe a alley rear to the northside Jefferson Street
rrnrar+iaa all +lea —a7 y +n 7Qth C+raa+ l,ara ;+ +11rne en»+lh and nine ainnQ igth Circ t t
to the alley at the rear of the southside Jefferson Street properties, here it turns
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,
627
here it turns east and runs along Broadway to the northeast corner of Broadway
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 12. This ordinance shall be read on two separate days and will become
1
effective upon summary publication pursuant to KRS Chapter 424. ;
Mayor
ATTEST:
11,
ALenia Smith, City Clerk
Introduced by the Board of Commissioners ��ep.—M., 2000
Adopted by the Board of Commissioners October 10, 2000
Recorded by Lenita Smith, City Clerk, October 10, 2000
Published by The Paducah Sun, QG 6FR /7�.206,0
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