HomeMy WebLinkAbout2000-11-6297661
ORDINANCE NO. 2000-11- to 7
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
listed on the National Register of Historic Places and other structures which are
considered significant to the stabilization of historic districts 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 or to be
considered significant to the stabilization of historic districts 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 including
structures considered significant to the stabilization of historic districts", 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 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 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. Any action by the 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.
662
(a) In the event that the Committee finds that demolition work is being
performed without the required certificate of demolition, the
Committee shall ask the Inspection Department to issue a stop
work order.
(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 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
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 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: �-
(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, ^r ether- ^r^^eFfi^s in the historic districts
or other structures considered significant to the stabilization
of historic districts. In evaluating the effect and
relationship, the Committee shall consider historical and
663
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.
(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.
Ic (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 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 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 Committee.
(a) Any interested party may appeal the decision of the Committee to
i 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 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 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) (a) For buildings listed in section 34-80 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
664
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 of this Code, if economic
hardship or lack of reasonable return is not proved, the 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, 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
Property 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."
665
SECTION 11. That Section 81, "Historic Areas and areas considered
significant to 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.
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 10 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'
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, southeast eeriner^f euntiin A -venue and
i`,�I�adise�th'eFc� ��s wes4 around Lang Park to th•—west
Cerner -of Fountain ASF , from there it continues west
along Madison to the rear property line of 34-7 327 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 properties all the way
to 28th Street, here it turns south and runs along 28th Street to the alley at
the rear of the southside Jefferson Street properties, here it turns west 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 aloI
the alley at the rear of the southside Jefferson Street properties. At 16
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 12. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Lenita Smith, City Clerk
Introduced by the Board of Commissioners November 14, 2000
Adopted by the Board of Commissioners November 28, 2000
Recorded by Lenita Smith, City Cle k, November 28, 2000
Published by The Paducah Sun, X�; S;,�,y
\winword\ord\plan\sec34 historic amend