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HomeMy WebLinkAbout98-7-5900605 ORDINANCE NO. 98-7- 5700 AN ORDINANCE AMENDING SECTIONS 126-78, ADULT ENTERTAINMENT ACTIVITIES, 126-110, LIGHT INDUSTRY ZONE, M-1, 126- 176, AMENDMENTS AND DEVELOPMENT PLANS, AND CREATING SECTION 126- 80, GAMING AND GAMBLING FACILITIES, OF CHAPTER 126, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 126-78, Adult Entertainment Activities, is hereby amended to read as follows: "SECTION 126-78 ADULT ENTERTAINMENT ACTIVITIES (a) Intent and Purpose. (1) In order to prevent crime, protect the city's retail trade, maintain property values, and generally to protect and preserve the. quality of its neighborhoods, commercial districts, and the quality of urban life, this ordinance regulates the location of adult establishments by dispersing them throughout the City of Paducah. In the development and execution of this section, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the use and enjoyment of adjacent areas. (2) Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area. Uses subject to these controls are as follows: (b) Specified Use List. Adult Amusement Arcade Adult Book Store Adult Motion Picture Theater Adult State Show Theater Adult Video Cassette Rental Center Cabaret Commercial Sexual Entertainment Center Massage Parlor (c) Definitions. Adult Amusement Arcade --An establishment having as one of its principal uses one or more of the following: customer - operated motion picture devices, peep shows, viewing area, and /or similar devices, for display of material distinguished or characterized by an emphasis on depiction of sexual activities, as hereinafter defined, or which offer persons who expose to view 1 ­ 7 —,p.�., r .. ..T..�-.c ,� T�.....—a ., r—..... -.,.— . .. .,w._-f_-..rr,, n _.. _,--{—.�.r=rr ..„_.. 1-11 1_ ..- __.,..,.. ....."»..-6 -”, .. -" ., �.0--c:.— I r,reF.v.W,...kw.,.,m,..—,,,. -, --,-_,«-M.-,.,,.,,. -. _ ..._ I- I • of the customers the bare female breast below a point immediately above the top of the areola, human genitals, pubic region or buttocks, even if partially or completely covered by translucent material, or human or simulated male genitals in a discernible turgid state, even if completely or opaquely covered. Adult Book Store --An establishment having as one of its principal uses the sale, rent, or display of pictures, books, periodicals, magazines, appliances, and similar materials which are distinguished or characterized by their emphasis on depiction of sexual activities as hereinafter defined or an establishment with a substantial segment or section devoted to the sale, rental or display of such material. Adult Entertainment Center -- Any use or buiiding or portion thereof, which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by employees, devices, or equipment or by personnel provided by the establishment or view a series of dance routines, strip performances or other choreography provided by the establishment which appeals to the prurient interest of the patron, to include, but not be limited to bath houses, massage parlors, and related or similar activities. Any permitted, conditionally permitted, or accessory uses allowed within any y zone shall not be interpreted to include "adult entertainment center". Adult Motion Picture Theater -- An establishment having or advertising as having as one of its principal uses the presentation of motion pictures, slide projections, and other similar material having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as hereinafter defined, for observation by persons therein. Adult Stage Show Theater -- An establishment having or advertising as having as one of its principal uses the presentation of live performances of humans or animals having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as hereinafter defined, for observation by persons therein. Adult Video Cassette Rental Center -- A commercial establishment which has as one of its principal uses the rental or sale of video cassettes, or other forms of media, which depict material characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as hereinafter defined and which does not provide an on premises showing such material. 2 607 Cabaret -- An establishment which features as a principal use of its business, entertainers, and/or waiters and/or bartenders, male or female impersonators and/or other persons, either male or female, who expose to public view of the patron of said establishment at any time the bare female breast below a point immediately above the top of the areola, human genitals, pubic region or buttocks, even if partially or '' completely covered by translucent materiel, and/or human or simulated male genitals in a discernible turgid state, even if completely and opaquely covered. Commercial Sexual Entertainment Center -- Any other commercial establishment not otherwise described herein which make available material, services or entertainment appealing to adult sexual interests including but not limited to "bath houses", swingers club" or similar establishments services or goods that are advertised by or on behalf of the establishment in a manner patently designed to appeal to such adult sexual interests. Principal Use - Shall mean a significant portion of the use. The following criteria shall establish principal use: a) Contains 10% of its stock in trade in material or uses as described herein. b) Contains 100 of its useful occupied floor area to materials and uses as described herein. c) Contains more than 100 square feet of occupied floor space for the display, sale, or storage of materials or uses as described herein d) Exterior signs or advertising that premises as a business for materials or activities as described herein. Massage Parlor -- An establishment for treating the human body by rubbing, stroking, kneading, tapping or similar treatment with the hand and promotes its service in a manner designed to appeal to the patron's sexual interest. Measurement -- Measurement shall be made by measuring the shortest distance between boundaries. Measurements shall be made on a horizontal plane. Sexual Activities -- Depiction of human genitals in a state of arousal, acts of human masturbation, sexual intercourse or sodomy, bestiality, holding or other erotic touching of human genitals, pubic region, buttocks or breasts. (d) Location requirements. (1) The above specified uses list shall only be permitted in the M-1 (Light Industrial Zone). The provisions of Sec. 126-111(1)a and 126- 112(1)a, do not apply to this section. (2) New establishments may not locate within 1,000 feet of any other lawfully operating adult entertainment establishment. 3 Measurements shall be made as described in subsection (c) of this section. (3) The above specified uses list shall not be operated or maintained within four hundred (400) feet of a residentially zoned district, and/or within four hundred (400) feet of a house of worship, a state licensed day care facility, a school, or a public park. Measurements shall be made as described herein in subsection (c) of this section. (4) New establishments may not locate to a site if 50% or more of the tracts, or land area, within a circular area, as described herein, are residential in character. Vacant lots suitable for residential character, shall be considered residential in character. The radius of such circular area shall be 1000 feet. The center of such circular area shall correspond to the midpoint of a line joining the two most distant points on the boundary of the tract on which the enterprise is located. (e) Non -Conforming Uses. Non -conforming uses shall be governed by section 126-63 of this ordinance. (f) Screening Requirements. Adult Entertainment Establishments as listed in subsection (b) of this section shall screen all adjacent property owners. The street side may not be exempted. The screening height shall be a minimum of six (6) feet, and shall be at least 80% opaque. Screening Materials: The approved screen shall consist of wooden fences and landscape materials. The use of chain-link and barbed wire is not a suitable screen. (g) Sign Requirements. Adult Entertainment Establishments as listed in subsection (b)of this section shall be allowed a cumulative of fifty (50) square feet of sign space as described in 126-46(b). Sign heights shall not exceed 25 feet. Nothing herein shall exempt compliance with other City of Paducah sign code requirements. The provisions of 126-76(i) do not apply to this section. gambling faeility isene-tk,,at aperate as its prineirpa :use betting ss, er game_ ef ehanee fer prizes. These inelude, but are net limited to binge —parlei, horse—traeks; --in ..i e .,te 200 feet ef any r -es -i demi a l dim et. SECTION 2. That Section 126-80, Gaming and Gambling Facilities, is hereby created to read as follows: 1) For the purpose of this section, a gaming or gambling facility is one that operates as its 0 609 principal use betting games, or games of chance for prizes. These include, but are not limited to, bingo parlors, horse tracks, coin operated electronic or mechanical devices and card games. 200 feet of any residential district. SECTION 3. That Section 126-110, Light Industry Zone, M-1, is hereby amended to read as follows: "The following provisions shall apply in the M-1 Light Industry 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; d. Public and commercial sewage disposal plant; e. Any other use which, in the Commission's opinion, would be compatible in the B-3 zone. (2) Conditionally permitted uses. The following uses are special exceptions and require written approval of the Board of Adjustment. 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 300 feet to an R zone. (3) Minimum yard requirements. a. Permitted uses having a total plan floor area of 4,000 asquare feet or less: 1. Front yard: 25 feet. 2. Side yard: Ten feet. 3. Rear yard: None, except where abutted by a residentialzone, in which case a rear yard of 25 feet. 4. No storage of materials or equipment shall be allowed in the minimum front yard, side yards or rear yard where required. b. Permitted uses with a total plan floor area of more than 4,000 square feet: 1. Front yard: 75 feet. 2. Side yard: 25 feet. 3. Rear yard: None, except where abutted by a residential zone, in which case a rear yard of 25 feet. 4. Parking for visitors shall be allowed in the front yard, provided no more than 50 percent of the front yard is under pavement for driveway and parking combined. e. Ne stefage—ef mat-efi-als ef equipment shall � allewed in ire—min-rm-trfft frent yafd - side --yard d Par -ung €ems—vis-itez-ashall be alle._ ee in the frent yard, pEevided-ne—Fftere—tha„ 50 pe_ __„t of the ficent yard is Qnderpayefftentfer dElveway and parking eembined. (4) Minimum area requirements. a. Permitted uses having a total plan floor area of 4,000 square feet or less: 1. Minimum lot area: 7,500 square feet. 2. Minimum lot width: 60 feet. 5 612 a duplex dwelling, a triplex dwelling, or a four-plex dwelling on a single lot or ownership parcel. As a further condition to the granting of a zoning change, the Planning Commission shall require that substantial construction be initiated within two years following the enactment of the map amendment, provided that such zoning change shall not revert to its original designation unless there has been a public hearing. The development plan shall be a continuing condition for the area rezoned unless amended as required herein; b. When there is a proposal for multiple principal buildings on a single ownership parcel or lot; C. The subdivision process may substitute for the development plan process. d. For Planned Unit Developments per section 126-70. e. For Mixed Use Developments per section 126-118. (2) Plans defined. For purposes of this subsection (f) and the plans required herein, the following definitions shall apply: a. Sketch plan. This plan will be used to determine the essential graphic and written materials required for a specific map amendment and those specific actions, such as map amendments, variances, or conditional use permits that may be requested of the Planning Commission. The sketch plan may be conceptual but should indicate any site or surrounding features or conditions that may affect the proposed development or surrounding properties or rights-of-way, the proposed buildings, access points, parking and loading areas, landscaping and screening areas, existing and proposed utilities, proposed location for solid waste storage and access to same, and any other conditions on the site or surrounding properties or proposed development features which may affect the development of the site or surrounding properties or rights-of-way. The sketch plan does not have to be detailed or highly finished drawings, but should address the issues and conditions that may be essential to the development. b. Preliminary development plan. This plan shall be that plan adopted by the Planning Commission when the Planning Commission favorably recommends a map amendment to the City Commission. The preliminary development plan shall include that information as determined in the pre -application conference. No building permits shall be issued based upon a preliminary development plan. C. Final development plan. This plan is, in effect, a final site plan with that level of detail as may be required for 613 obtaining those permits and approvals necessary for construction. It shall include all information required as set forth hereinafter and as necessary for the review of the proposed development and its compliance with any applicable law or regulation, including any previously approved preliminary development plan. (3) Content and format of development plans. All development plans shall be prepared on mylar or other material capable of clear reproduction. Plans shall be legible and of a size and scale (generally not exceeding 1"- 100') which enables clear presentation of required information. Required plan information shall be as follows: a. Contents of preliminary development plan. A preliminary development plan shall contain the following minimum information: 1. A title block containing the plan name, development plan type (preliminary or final), name and address of developer and plan preparer, and a written and graphic scale; 2. The boundary of the subject property and the zoning and owner names for all adjoining property; 3. Vicinity sketch, oriented in the same direction as the design scheme; 4. Topography with contour intervals, grid elevations or spot elevations of sufficient detail to generally describe the lay of the land. This requirement may be waived by the city where topographic conditions and features are found not to be necessary to the required development plan reviews and actions; 5. Location, arrangement, and approximate dimensions of existing and proposed driveways, walkways, and parking areas and arrangement of spaces, dumpster pads, points of ingress and egress, and other vehicular and pedestrian rights-of- way; 6. Location and typical profiles and cross-sections of any proposed or existing streets or deceleration lanes (when deemed necessary) within or abutting the subject property. This requirement may be waived subject to a condition regarding same on the face of the development plan; 7. Screening, landscaping, buffering, recreational, and other open spaces; 8. Approximate size, location, height, floor area, area arrangement, and use of proposed and existing buildings and signs; 9 614 9. Approximate location of lot lines for projects anticipated to involve land subdivision; 10. Storm drainage areas, floodplain, conceptual drainage controls and storm water retention and any other designated environmentally sensitive or geologic hazard areas; 11. Proposed and existing easements for utilities or other purposes; locations of sanitary sewers including lengths and alignments of laterals; 12. Areas of substantial existing trees including those located along fence rows and drainage areas, along with a general description of the type and size of such trees; 13. A statistical table summarizing all pertinent site data, including site area, zoning, building coverage and floor area, parking, open spaces, etc.; 14. For projects of one acre or more, a note stating that no grading, stripping, excavation, filling, or other disturbance of the natural ground cover shall take place unless and until the Department of Engineering and Environmental Services has approved the developer's proposed soil erosion control procedures and, if required, a soil erosion control plan; 15. A signed owner's certification, as follows: "I (We) hereby certify that I am (We are) the owner(s) of the property shown and described hereon and that I (We) hereby adopt the Development Plan with My (Our) free consent, with the exception of such variances or other conditions of approval, if any, as are noted hereon or in the Minutes of the Paducah City Planning Commission. I (We) furthermore understand that buildings permits for construction can only be issued following this plan and that amendments to the plan can be made only by official Commission action"; 16. A preliminary development plan certification shall be signed by the Chairman if and when the plan is fully approved, as follows: "I hereby certify that the Development Plan shown hereon has been found to comply with the Zoning Ordinance Regulation for the City of Paducah, Kentucky, with the exception of such variances or other condition of approval, if any, as are noted hereon or in the Minutes of the City Planning Commission and that it has been approved as the official plan." 10 �Dl ,V l 615 11 ITJ...�-.. 'r".'.' �y,'f)I"-IT �T'-- ,STT.-•:.-{'I...�-T-..I:f ..... .., r... .,�.. w.�u. o -a .. w. ..a-..r.ti... iu..- b. Contents of final development plan. A final development plan shall contain all information as required for preliminary development plans under the sections above, except that the plan information shall be of an exact nature, rather than approximate or general. (g) Map amendment and development plan procedures. (1) Preapplication conference. l a. Prior to any acceptance of a formal application for an amendment, the applicant shall meet informally with city staff to determine the following: 1. The effect of the proposed development on the existing neighborhood, traffic patterns, and infrastructure systems; 2. How the proposed development relates to the comprehensive plan; 3. The various regulations that may apply to the proposed development; 4. An explanation of the required contents of the preliminary development plan, and any other required submission of materials; and 5. An explanation of the amendment process. b. At the time of the meeting with the planning staff, the applicant should present a sketch plan, as outlined in subsection ( f) (2-) above. (2) Formal application. To formally request the Commission to consider action on any zone map amendment and/or preliminary development plan, the applicant shall file a complete application (with respect to all applicable provisions of this Zoning Code and other city ordinances, regulations and policies), pay the filing fee, and provide copies of all written and graphic material as required. Also the date for the public hearing will be set. (3) Refiling. Upon reenacted amendment proposals, the applicant must wait one year before reapplying with the same proposal, unless the Planning Commission grants unanimous permission to resubmit sooner. (4) Review. The planning staff shall send the development plan to concerned agencies and interests for their respective technical review. If necessary, or requested by the applicant, the interest and technical review bodies may meet together to resolve, if possible, all differences and difficulties associated with the development proposal. �\ These meetings will be open to all interested parties, including the public. (5) Planning Commission action. No development plans will be considered for Commission action until they have been reviewed by the appropriate review agencies or interests. The Commission may pursue the following action: a. Approval. The development plan is ready for certification as presented. b. Conditional approval. The development plan will be certified when the 11 ITJ...�-.. 'r".'.' �y,'f)I"-IT �T'-- ,STT.-•:.-{'I...�-T-..I:f ..... .., r... .,�.. w.�u. o -a .. w. ..a-..r.ti... iu..- �,.x....,„..n„...,. i �.«,�.Hn..,w,m. ,� M�-.-,-d...... .. ,. .,.�..,..,........ ... ..... , .......,,� �,...,—.....k ,., ...�,,.. , ..1 _...4.,...,. �-•».w.h�,..,xn_d.m rm 4 ..w ,,, lui_�._i _.__ � _�L...L�—,.. �. F�.A a . M.n., .. _. . 616 U c. Final a. Q (h) Amendment s developer has complied with the conditions of approval set forth in the Commission's action on the development plan. Disapproval. The development plan has been disapproved by the Planning Commission. To request new review and action, the developer must file a new application as set forth in this section. Postponement. In circumstances where further resolution is required, the Commission may act, with the consent of the applicant, to postpone final action on the development plan until further information or resolution of conflicts can be ascertained. development (site) plans procedures. Only after the Planning Commission has adopted the preliminary development plan, and has recommended to the City Commission the zone map amendment, and the City Commission has acted affirmatively on same, the applicant must present a final development plan as set forth in subsection (f)(2)c prior to the issuance of a building permit. City staff will check the final development plan and insure that: 1. The plan is in compliance with the preliminary development plan. 2. The plan is in compliance with the comprehensive plan, the Zoning Code, other city ordinances, regulations or policies, and all other applicable laws and regulations. 3. Where appropriate the review agencies may assess the document and forward their comments to the city prior to final development plan approval. If the final development plan complies with subsection (6)a above, the Planning Commission Chair will certify on the face of the plan that all planning requirements and applicable conditions have been satisfied. to development plans. Amendments to approved development plans can be made only by official Planning Commission action following a public hearing. Content, format, and procedures shall be the same as for the original submission. However, amendments which fully meet the requirements set forth hereinafter as minor amendments shall be approved and certified by the city without further action by the Planning Commission. (1) Minor amendments defined. Minor amendments are intended to expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces. Such amendments: a. Shall not decrease the overall land area in wards or other open spaces; 12 ZD1 617 b. Shall not increase building ground area coverage, floor area, or height, or increase the number of dwelling units; C. May increase building ground area coverage for accessory buildings; or principal buildings if additions are less thanlO% and additional parking can be provided without disruption to major plan elements; e.d. Shall not change the location or cross section of any street and shall not increase the number or change the location of street access points on arterial or collector streets; Vie. May include a reduction in parking spaces only when an associated reduction in floor area or number of dwelling units would permit a lesser number of minimum required off-street parking spaces than required for the original development plan. To qualify as a minor amendment this reduction may not be less than would be required by the zoning district regulations. For any case where parking in excess of the minimum requirement was provided on the original development plan, that same number of spaces shall be provided in excess of the minimum requirement for the proposed minor amendment plan. (2) Procedures for minor amendments. a. Filing. To request approval of minor amendments to development plans, the ( developer shall file with the city a completed application form, and copies of the plan as required by the terms and conditions of the city's application form. b. Review. The city shall review the plan for compliance with all applicable requirements and ordinances and shall consult with concerned agencies as appropriate to assure proper plan review. Upon determination that all requirements have been met, city staff shall submit its finding to the Planning Commission Chair for certification. If any question arises as to compliance, however, the plan shall be referred to the Planning Commission. C. Certification. Upon certification of approval by the Planning Commission Chair, city staff shall have copies of the plan prepared and distributed to other public agencies at the expense of ,., the developer, and return the original plan tracing to the developer. (3) Content and format of minor amendments. Minor amendments shall have the same content and format requirements as the original development plan, except that: a. The title shall indicate the plan as a minor amendment; b. A note shall be added listing the exact nature of the requested changes; C. The following will be the required language for the Planning Commission 13 „„„.,,,..,.,.�..«m_..im,.-,M,+.��.�,.rn..lw-,F,..,.*�:.M,- ..m .» „..,.- .,...,_... ,. ..�.., .,., .T. .,,..::..b _:..,,„.,...... .. ......I..., ..,. l� -,,.. �.. .,I.«�, �,..1 w. I,«�I„�� Imo— � —. u._i_�.1�_�ss�uw�•�s�emmii.�._P.�u,__... Chair's certification: "I do hereby certify that this development plan amendment complies with Zoning Ordinance provisions regarding amendments to development plans.” d. Owners of interest will complete a certification to be signed and witnessed as follows: "I (We) do hereby certify that I am (we are) the only owner(s) of the property shown hereon, and do adopt this as my (our) development plan for the property,” which will be required language for all property. (i) Relationship to subdivision regulations. The relationships between development plans and the subdivision regulations are established as follows: (1) Applicability of subdivision regulations. Although development plans are not subdivision plats, quite often the development plan does indicate a need or intent to subdivide property. For any such development plan, the design and improvement standards contained within the subdivision regulations shall be applied to proposals contained on the development plan. (2) Combining plans. Development plans and preliminary subdivision plats may be combined. It is recognized that for certain development situations it can be advantageous to both the applicant and the Planning Commission to combine requirements for development plans and preliminary subdivision I plats in order to streamline the development approval process while not reducing the quality of the review. The following provisions shall be applicable to any such combined plan: a. The developer shall meet with city staff no later than five working days in advance of the filing deadline to discuss the appropriateness of filing a combined plat. b. The plan shall show all information required for a development plan (preliminary or final as appropriate) and all information required for a preliminary subdivision plat as set forth in the subdivision regulations. (3) Substitution of plans. A preliminary or final subdivision plat may be substituted for development plans required in conjunction with map amendment requests. It is recognized that in certain cases a preliminary or final subdivision plat would be as appropriate or more appropriate to be considered in conjunction with a map amendment request than would a development plan. Generally, such situations involve developments where placement of structures will be tightly controlled by the streets, lot pattern, and requirements for placement of structures within the zone, and where the applicant sees fit to have plans prepared at the required level of detail for subdivision plats prior to receiving a zone change approval. When an applicant is required to provide a EE 619 development plan in conjunction with a zoning map amendment request, the applicant may file a subdivision plat in place of the development plan, if deemed appropriate by the city. In any disputed case, the city shall made the final judgement as to whether a development plan or a subdivision plat is required. (4) Administration. The City Manager shall designate the department and/or city officer responsible for the administration of this section other than those actions and procedures that specifically require Planning Commission or the Chair of the Planning Commission review, action, or signature. (5) Enforcement. The responsibilities of enforcement of this section shall be as designated by the City Manager. 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 and 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 y pursuant to KRS Chapter 424. a or ATTEST: Le ita Smi h, City Clerk Introduced by the Board of Commissioners June 23,1998 Adopted by the Board of Commissioners July 11998 Recorded by Lenita Smith, City Clerk, July 1'e",1998 Published by The Paducah Sun, \winword\ordinanc\plan\zone\126am1 15