HomeMy WebLinkAbout97-9-5714186
ORDINANCE NO. 97-9-5714
AN ORDINANCE AMENDING SECTION 126-3 AND CREATING SECTION 126-79
OF CHAPTER 126, ZONING OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY
WHEREAS, a resolution adopted by the Paducah Planning Commission on August 18,
1997, entitled, "A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH
PLANNING COMMISSION ON THE PROPOSED AMENDMENT OF THE PADUCAH ZONING
ORDINANCE BY AMENDING SECTIONS) 126-3 AND CREATING SECTION 126-79", be
approved as the final report of said Commission respecting the matters therein set forth.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 126-3, Definitions of Chapter 126, Zoning, of the Code of
Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
"SECTION 126-3. DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Accessory building and use. A subordinate building located on the same lot with the
principal building, or a subordinate use of land, either of which is customarily incidental to the principal
building or to the principal use of the land. Where part of the wall of an accessory building is a part of the
wall of the principal building in a substantial manner as by a roof, such accessory building shall be counted
L
as part of the principal building. Local public utility, communication, electric distribution and secondary
power lines, gas, water and sewer lines, their supports and poles, guywires, small transformers, wires or
cables and incidental equipment and public telephone booths are considered accessory buildings or
structures.
Accessory living quarters. Living quarters within an accessory building, for the sole use
of persons employed on the premises, such as quarters having no kitchen facilities and not rented or
otherwise used as a separate dwelling.
Alley. A permanent public service way providing a secondary means of access to abutting
lands.
Arterial highway strip commercial. Commercial uses which front on the designated U.S.
highways in either the B-1 or the HBD zone classifications.
Automobile service station. An establishment with the primary business function of the
retail sale of gasoline for passenger car use, and the minor service and repair work incidental to the
operation of passenger automobiles.
Block frontage. All the property fronting on one side of a street between intersecting
streets, or between a street and a right-of-way of a dead-end street or city boundary, measured along the
street line.
Board. The Paducah City Board of Adjustment, Paducah, Kentucky.
Building. Any structure having enclosed space and a roof for the housing or enclosure of
persons, animals or chattels. The word "building" includes the word "structure".
187
Building area. The maximum horizontal projected area of the principal and accessory
building, excluding open steps or terraces, unenclosed porches not exceeding one story in height or
architectural appurtenances projecting not more than two feet.
Building, detached. A building having no party wall in common or structural connection
with another building.
Building, front line of. The line of the face of the building nearest the front lot line.
Building, height of. The vertical distance from the average contact ground level at the
front wall of a building to the highest point of the coping of a flat roof, or the deck line of a mansard roof,
or to the mean height level between eaves and ridges for gable and hip or gambrel roofs.
Building line. The line nearest the front and across a lot establishing the minimum open
space to be provided between the front line of a building or structure and the front lot line.
Building, nonconforming. A legally existing building which fails to comply with the
regulations set forth in this chapter applicable to the zone in which this building is located.
Building, principal. A building in which is conducted the main or principal use of the lot
on which said building is situated. Where a substantial part of an accessory building is attached to the
principal building in a substantial manner as by a roof, such accessory building will be counted as a part of
the principal building.
Building, semidetached. A building having one party wall in common with an adjacent
building.
Business. The engaging in the purchase, sale, barter or exchange of goods, wares,
merchandise or service, the maintenance or operation of offices, or recreational and amusement enterprises.
Campground. Any area or tract of land used to temporarily accommodate two or more
camping parties, including cabins, tents, house trailers, or other camping outfits.
Carport. A structure consisting of a roof and either walls or columns for the purpose of
housing automotive vehicles and other chattels. Said structure shall be considered a building.
Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes,
including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and
within the boundary of such cemetery.
City. The City of Paducah, Kentucky.
Clinic or medical health center. An establishment where patients are admitted for special
study and treatment by two or more licensed physicians and/or dentists and their professional associates, as
distinguished from a professional office for general consultation purposes.
Commission. The Paducah City Planning Commission.
Conditional use. A use which would not impair the public health, safety or welfare in one
or more zones, but which would impair the integrity and character of the zone in which it is located or in
adjoining zones unless restrictions on location, size, extent and character of performance are imposed in
addition to those imposed in the zoning regulations.
I� ;
Conditional use permit. Legal authorization to undertake a conditional use issued by the
administrative official pursuant to authorization by the Board of Adjustment consisting of two parts:
(1) A statement of the factual determination by the Board of Adjustment which
justifies the issuance of the permit.
(2) A statement of the specific conditions which must be met in order for the use to be
permitted.
::
Convalescent or nursing home. An establishment which provides full-time convalescent
or chronic care, or both, for four or more individuals who are not related by blood or marriage to the
operator, and who, by reason of chronic illness or infirmity, are unable to care for themselves. Neither care
for the acutely ill nor surgical or obstetrical services shall be provided in such a home. A hospital or
sanitorium shall not be construed to be included in this definition.
Corporation Counsel. The Corporation Counsel of the city or any assistant or special
corporation counsel of the city.
County. The County of McCracken, Kentucky.
Court. An open unoccupied space on the same lot with a building or group of buildings
and bounded on three or more sides by such building or buildings.
Court, inner. Any court other than an outer court. The width of an inner court is its least
horizontal dimension measured between opposite walls. The length of an inner court is its greatest
horizontal dimension measured at right angles to its width.
Court, outer. A court which opens on any yard on the lot or which extends to any street
line of the lot. The width of any other court is its least horizontal dimension measured between opposite
walls. The depth of any outer court is its greatest horizontal dimension measured at right angles to its
width.
Development plan. Written and graphic material for the provision of a development plan,
including any or all of the following: location and bulk of buildings and other structures, intensity of use,
density of development, streets, ways, parking facilities, signs, drainage of surface water, access points, a
plan for screening or buffering, utilities, existing manmade and natural conditions, and all other conditions
L
agreed to by the applicant.
Dwelling. A building, or portion thereof, used primarily for residential occupancy,
including one -family and multiple dwellings, but not including hotels, motels or tourist homes.
Dwelling, multiple. A building, or portion thereof, used for occupancy by three or more
families living independently of each other.
Dwelling, one family. A building used for residential occupancy by one family.
Dwelling, two-family. A building, or portion thereof, used for occupancy by two families
living independently of each other.
Dwelling unit. A dwelling, or portion of a dwelling, used by one family for cooking, living
and sleeping purposes.
Educational institution. A preprimary, primary, or grammar, public, parochial or private
school; a high school, preparatory school or academy, public or founded or owned or conducted by or
under the sponsorship or a religious or charitable organization; a private preparatory school or academy
famishing courses of instruction substantially equivalent to the courses offered by public high schools for
preparation of admission to colleges or universities which award BA or BS degrees; a junior college or
p, university, public or founded or conducted by or under the sponsorship of a religious or charitable
organization, or a private school when not conducted as a commercial enterprise for the profit of individual
owners or stockholders. This definition shall not be deemed to include trade or business schools as defined
in this section.
Effective date hereof. Date of the adoption of this chapter [Chapter 26, 1976] .
Enforcement officer. The Building Inspector of the city.
. ---111111--.... ,—.... ,. ,d,„,.,.,,.,,ISI„A .I - �..i... ---- `._ r . m ,.. L,,-- L- .
189
Family. One or more persons living as a single housekeeping unit, as distinguished from a
group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include servants.
Fence. A man-made structure consisting of wood, metal, wire, mesh, masonry or other
man-made material.
Floor area ratio. The floor area of the building divided by the area of the lot.
Garage, private. A detached accessory building or portion of a main building, used for
the storage of self-propelled vehicles, where the capacity does not exceed three vehicles per family housed
in the building to which such garage is accessory, and not more than one-third of the total number of
vehicles stored in such garage shall be commercial vehicles. Storage space for not more than three vehicles
may be rented for vehicles of other than occupants of the building to which such garage is accessory.
Garage, public. Any building or premises, except those defined herein as a private
garage, used for the storage or care of motor vehicles, or where such vehicles are equipped for operation,
repaired or kept for remuneration, hire or sale.
Ground floor area. The square foot area of a residential building within its largest outside
dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches,
breezeways, terraces, garages, exterior stairways and secondary stairways.
Home occupation or profession. Any use conducted entirely within a dwelling and carried
on solely by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling
purposes and does not change the character thereof, and in connection with which there is no display, no
stock in trade, or outside storage of equipment nor commodity sold upon the premises and not more than
two persons are to engage in such occupation. In no event shall a barbershop, beauty ship, tearoom, tourist
home or animal hospital be construed to be a home occupation.
i
Hospital. Includes sanitarium, preventorium and clinic, provided such institution is
operated by or treatment given under the direct supervision of a physician licensed to practice by the State
of Kentucky.
Hotel or motel. A building, or portion thereof, or group of buildings in which lodging is
provided and offered to the public for compensation and which is open to transient guests, in
contradistinction to a lodging house.
Industrial, heavy. Those industries whose processing of products result in the emission of
any atmospheric pollutant, light flashes or glare, odor, noise or vibration which may be heard and/or felt off
the premises, and those industries which constitute a fire or explosion hazard.
Industry, light. Those industries whose processing of products results in none of the
conditions described for heavy industry.
Junkyard. Any place at which personal property is or may be salvaged for reuse, resale or
reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted,
including, but not limited to, use of salvaged base metal or metals, their compounds or combinations; or
used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property which
are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.
Kennel. Any lot or premises on which dogs or small animals are kept for commercial or
sale purposes. A noncommercial kennel at, in or adjoining a private residence where hunting or other dogs
are kept for the hobby of the householder (i.e., hunting, tracking or exhibiting) or for guarding or protecting
the householder's property is permitted in residential zoning districts, provided that such dogs or small
animals do not constitute a nuisance to the neighborhood.
190
Loading and unloading berths. The off-street area required for the receipt of or
distribution by vehicles of material or merchandise, which in this chapter is held to be a 12 -foot by 50 -foot
loading space with a 14 -foot height clearance, paved with a suitable dust preventative or hard surface.
Lodging house. A building with more than two but not more than ten guest rooms where
lodging with or without meals is provided for compensation.
Lot. A piece, parcel, plot, tract or area of land occupied or capable of being occupied by
one principal building and the accessory buildings or uses customarily incidental to it, and including the
open spaces required under this chapter, and having its principal frontage on a street. The word "lot"
includes the word "plot" or "parcel."
Lot, corner. A lot at a junction of and fronting on two or more intersecting streets.
Lot coverage. The percentage of the lot area covered by the building area.
Lot ground level. For buildings having walls adjoining only one street, the elevation at the
front lot line at the center of the wall adjoining the street; for buildings having walls adjoining more than
one street, the average elevation of the front lot line at the center of all walls adjoining the streets; for
buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls
other building. Any wall approximately parallel to and not more than five feet from a street is to be
considered as adjoining the street.
Lot, interior. A lot other than a corner or through lot.
Lot line, front. In the case of an interior lot, a line separating the lot from the street or
place, and, in the case of a comer lot, the line designated in deed or subdivision requirements or, if no such
requirements are provided, the line designated by the property owner at the time he seeks a building permit
on the lot.
Lot line, rear. A lot line which is opposite and most distant from the front lot line and, in
the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the
maximum distance from the front lot line.
Lot line, side. Any lot boundary line not a front lot line or a rear lot line.
Lot, through. A lot having frontage on two parallel or approximately parallel streets.
Lot width. The dimension of a lot, measured between side lot lines at the building setback
line.
Manufactured home. A transportable structure produced in a factory, which is designed
to be transported across streets and highways to a point of use, and is equipped with the necessary service
connection and made so as to be readily movable as a unit or units, and is erected for sinleg familX
residential purposes. For the purpose of this chapter, the term "manufactured home" is synonymous with
"modular home".
Mobile home. Any vehicle, including the equipment sold as a part of a vehicle, which is so
constructed as to permit its being used as a conveyance upon public streets or highways by either self-
propelled or non -self-propelled means, which is designed, constructed, or reconstructed, or added to by
means of an enclosed addition or room, in such a manner as will permit the occupancy thereof as a dwelling
or sleeping place for one or more persons, which is both used and occupied as a dwelling or sleeping place,
having no foundation other than wheels, jacks, skirting or other temporary supports.
Mobile home park. An area of land upon which two or more mobile homes are harbored
for the purpose of being occupied either free of charge or for revenue purposes, and shall include any
"l7r"llll�I
191
building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such mobile
home park.
Occupied. As applied to any land or building, shall be construed to include the words
"intended, arranged or designed to be used or occupied."
Parking area, public. An open area, other than a street or alley, designed for use or used
for the temporary parking of four or more motor vehicles when available for public use, whether free or for
compensation or as an accommodation for clients or customers."j"�
Parking space (off-street). An off-street space accessible from a street or alley with a
minimum width of ten feet. The minimum length of such space shall be contingent upon the degree or angle
of the space and the maneuverability area required. As a guide to establishing a minimum length, the
Commission shall refer to Illustration No. 1 in the appendix immediately following this chapter.
Person. Includes a firm, association, organization, partnership, trust, company or
corporation as well as an individual.
Personal and convenience services. Businesses offering services such as barbershops,
beauty shops, laundromats, laundry and dry cleaning pickup and delivery stations (but excluding actual
laundry operations), and similar uses.
Place. An open, unoccupied officially designated space other than a street or alley,
permanently reserved for use as the principal means of access to abutting property.
Planting screen or landscape screen. A completely planted visual barrier composed of
evergreen plants and trees arranged to form both a low-level and a high-level screen. The high-level screen
shall consist of evergreen trees or shrubs planted with specimens having an initial height aboveground when
planted of not less than five feet and planted at intervals of not more than eight feet on center. The low-
level screen shall consist of evergreen shrubs having an initial height aboveground when planted of not less
�J
than two feet and spaced at intervals of not more than four feet on center. The low-level screen shall be
planted in alternating rows to produce a more effective barrier.
Professional office. Offices of members of recognized professions such as physicians,
surgeons, lawyers, engineers, dentists and architects.
Sign. Any board, device or structure, or part thereof, used for advertising, display or
publicity purposes. Signs placed or erected by governmental agencies for the purposes of showing street
names or traffic directions or regulations for other governmental purposes shall not be included herein.
Street. A right-of-way, other than an alley, dedicated or otherwise legally established to
the public use, usually affording the principal means of access to abutting property.
Structure. Anything constructed or erected which requires location on the ground.
Structural alteration. Any change in the supporting members of a building, such as
bearing walls or partitions, columns, beams or girders, or any substantial change in the exterior walls or the
roof.
Tourist home. A building in which more than one but not more than five guest rooms are
used to provide or offer overnight accommodations for transient guests for compensation.
Town house. A single-family dwelling constructed as part of a series of dwellings, all of
which are either attached to the adjacent building and/or buildings by party walls or are located
immediately adjacent thereto with no visible separation between walls or roofs; all of which dwellings may
be located on individual and separate lots if individually owned, or upon a single lot if under common
192
ownership. Each town house unit shall be capable of separate ownership. The construction of a town
house structure across an existing lot line shall not be deemed to abrogate that line.
Town house structure. A building consisting of two or more noncommunicating attached
one -family units placed side by side, having a common wall between each adjacent dwelling unit. Side lot
line requirements of a town house structure shall apply only at the extreme ends of such structure.
Trade or business school. A secretarial school or college, or business school or college,
when not public and not owned or conducted by or under the sponsorship of a religious or charitable
organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing,
barbering or hairdressing, or for teaching industrial skills in which machinery is employed as a means of
instruction. This definition shall not be deemed to include an educational institution as defined in this
section.
Use. The employment or occupation of a building, structure or land for a person's service,
benefit or enjoyment.
Use, nonconforming. An existing use of land or building which was legal prior to the
effective date hereof, but which fails to comply with the requirements set forth in this chapter applicable to
the zone in which such use is located.
Use, open. The use of a lot without a building or including a building incidental to the
open use with a ground floor area equal to five percent or less of the area of the lot.
Used. As applied to any land or building, shall be construed to include the words
"intended, arranged or designed to be used or occupied."
Variance, dimensional. Departure from the terms of the zoning regulations pertaining to
height or width of structures and size of yard and open spaces where such departure will not be contrary to
the public interest, and where, owing to conditions peculiar to the property because of its size, shape or
topography, and not as a result of the action of the applicant, the literal enforcement of the zoning
regulations would result in unnecessary and undue hardship.
Vision clearance on corner lot. A triangular space at the street corner of a comer lot, free
from any kind of obstruction to vision between the heights of 2 1/2 and 12 feet above established grade,
determined by a diagonal line connecting two points measured 15 feet equidistant from the street right-of-
way comer along each property line.
Wall, retaining. A physical barrier necessary to prevent the erosion and/or deterioration
of an established elevation.
Yard. A space on the same lot with a principal building, open, unoccupied other than by
steps, walks, terraces, driveways, lampposts and similar structures, and unobstructed by structures, except
as otherwise provided in this chapter.
Yard, front. A yard extending across the full width of the lot, between two side lot lines,
the depth of which is the least distance between the street right-of-way and the building line.
I' Yard, rear. A yard extending across the full width of the lot between the two side lot lines
and between the rear line and a parallel line tangent to the rear of the principal building, the depth of which
is the least distance between the rear lot line and the parallel line.
Yard, side. A yard bounded by the rear yard, the front yard, the side lot line and the
principal building."
SECTION 2. That Section 126-79, Manufactured Homes and Mobile Homes, is hereby
created to read as follows:
193
"Manufactured and Mobile Homes are permitted in R-2, R-3, and R4 districts for single
family residential purposes with the following provisions which shall be made prior to occupancy except
as noted herein):
a) The structure, shall have minimum width of 24 feet for its entire length. The
structure shall meet the minimum building size requirement for the zone in which
it is located.
b) All wheels, springs, axles, lights, and towing apparatus shall be removed.
C) The structure shall be installed upon a permanent enclosed masonry
skirting/screening system.
d) The structure shall have a gable or hip roofing system pitched at least 3 inches of
rise over 12 inches of run, covered with shingles (wood, asphalt or fiberglass
not corrugated metal, corrugated fiberglass, or rolled roofing materials. Deck and
pre -manufactured car -port roofs are exempt.
e) The structure shall be sided with wood, aluminum, or vinyl insofar as it has a
shingled or horizontal clapboard appearance; or brick, or stucco.
f) Permanent steps attached to the structure, not encroaching into any required yard
setback line.
g) A minimum of two paved parking, spaces. Design shall be per Section 126-71.
Improvements must be made within six months of occupancy_
h) Lot area to be landscaped minimally with grass, ground cover, or gardens and
contain at least three (3) trees. Newly planted trees must be a minimum of six (6)
feet at planting and must mature to a minimum of fifteen (15) feet.
SECTION 3. 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 4. This ordinance shall be read on two separate days and will become effective
upon summary publication pursuant to KRS Chapter 424.
o" I
M.�� A
.SFA
ATTEST:
LcAita Smith, eity Clerk
Introduced by the Board of Commissioners August 26, 1997
Adopted by the Board of Commissioners September 9, 1997
Recorded by Lenita Smith, City Clerk, September 9, 1997
Published by The Paducah Sun September 15, 1997
\winword\ordinanc\plan\zone\chap 126