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HomeMy WebLinkAbout89-4-4225—�^.�J.1JJ_Y_1+s111'L_��__.-1L'�.�J_ vh._L_� '�-h_JIW_1111—JJ1"JI�1�G1.1.1�WId.CL_.uY*'�VJ LL r.+�II�IL.,k__I'.l�-�r1J�lA1J4�u4�iioWlme!�k.'LLV.hIIG'1Gi3�_dklil'ItL JL-'-�ietL-Jtu.11lil1:1�116nVV�I�dI til ltll .,+aLu�&; ,���vol:',_�'t � -I�. _��. ,.- -- 550 ORDINANCE NO. 89-4-4225 AN ORDINANCE CREATING SECTION 7-8.0 THROUGH 7-8.11 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH ESTAB- LISHING A PROCEDURE FOR PLANNED REDEVELOPMENT FOR THE DOWN- TOWN COMMERCIAL DISTRICT LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES AND SETTING FORTH REQUIREMENTS FOR ISSUANCE OF A CERTIFICATE OF DEMOLITION WHEREAS, the Board of Commissioners finds that preservation of historical and/or architecturally signifi- cant buildings in the downtown area of the City is important to the economic development of the City, and preserving the City's heritage for the pleasure and education of future generations; and WHEREAS, certain buildings in the Central Business District have been identified as worthy of preservation for historical and/or architectural reasons, and many are con- tributing buildings to the downtown Paducah Commercial District listed on the National Register of Historic Places; and WHEREAS, the Board of Commissioners finds that current City regulations are inadequate to control the demolition of historical and/or architecturally significant buildings. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Sec. 7-8.0 of the Code of Ordinances is hereby created to read as follows: "Intent. It is the intent of this ordinance to regulate the demolition of buildings in the Downtown Paducah Commercial District listed on the National Register of Historic Places and which are hereinafter identified. The ordinance is intended to protect against demolition of structures and premises designated to be of substantial his- torical and/or architectural significance unless substantial economic development would be impeded." 551 SECTION 2. Sec. 7-8.1 of the Code of Ordinances is hereby created to read as follows: "A. The Inspection Department shall not issue a demolition permit for any structure designated in either Section 7-8.10 or Section 7-8.11 of this ordinance until a Certificate of Demolition has been approved by the Director of Planning and Community Development (hereinafter referred to as "Director"). Any action by the Director may be ap- pealed by an interested party to the Board of Commissioners. SECTION 3. Sec. 7-8.2 of the Code of Ordinances is hereby created to read as follows: "Stop Work Permits. In the event that the Direc- tor finds that demolition work is being performed without required Certificate of Demolition, the Director shall ask the Inspection Department to issue a Stop Work Order. 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. 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. Sec. 7-8.3 of the Code of Ordinances is hereby created to read as follows: "The Director shall make a decision on.the appli- cation within thirty (30) days after the completed applica- tion is received by the Director. Said decision shall be in writing, setting forth the reasons for approving or denying the Certificate of Demolition. Any interested party may appeal the decision of the Director to the Board of Commis- sioners within fifteen (15) days by filing a notice with the Director and the City Clerk. The City Commission shall review, approve or disapprove the decision of the Director within sixty (60) days. The Board of Commissioners may 552 I I -t t:Ui L1..r-i I. 1.11tiLIAA IWL11 h t._. 1 I IL': I.. suggest modifications to the application and may then ap- prove a Certificate of Demolition provided for in the revi- sions of the plans submitted. If the Board does not act within the sixty (60) day period the decision of the Direc- tor shall be final." SECTION 5. Sec. 7-8.4 of the Code of Ordinances is hereby created to read as follows: "Information to be Contained in Application. Each application submitted to the Director shall contain the applicant's plans of redevelopment on the property and shall provide drawings of the proposed improvements, photographs of existing buildings or structures and adjacent proper- ties." SECTION 6. Sec. 7-8.5 of the Code of Ordinances is hereby created to read as follows: "A) In making a decision on an application for the demolition of a building listed in Section 7-8.10 of this Code, the Director',shall use the following general guidelines and the guidelines adopted for Landmark and Historic District contained in the Zoning Code of the City (Sec. 62.13, Appendix A - Zoning, of the Code of Ordinances of the City of Paducah)'. The Director shall consider: 1. The effect of proposed demolition on the location for which thatldemolition is requested. 2. Relationship between such demolition and other structures in the,landmark site or other properties in the District. In evaluating the effect and relationship, the Director shall consider historical and architectural significance, architectural style, design, and arrangement. The certificate from the Board shall not relieve the prop- erty 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 such development on the City or area of the City in which the property is located." 3 553 "B) In making a decision on an application for a certificate of demolition for a building contained in the area set forth in Section 7-8.11 of this Code which is not listed in Section 7-8.10 of this Code, the Director 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 (6) months. SECTION 7. Sec. 7-8.6 of the Code of Ordinances is hereby created to read as follows: "Economic Hardship. For Buildings listed in Section 7.8-10 of this Code, the Director shall study the questions of economic hardship for the applicant and shall determine whether the site can be put to reasonable benefi- cial use without the approval of the demolition application. In the case of income producing building, the Director 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 compensa- tion, the applicant shall so state in his application with all reasons supporting said claim." SECTION 8. Sec. 7-8.7 of the Code of Ordinances is hereby created to read as follows: "For buildings listed in Section 7-8.10 of this Code, if economic hardship, or lack of reasonable return is not proved, the Director shall deny the application unless the Director finds (1) that the benefit from the economic development of the site exceeds the historical and archi- tectural value and (2) the developer has stated that devel- opment will commence within six (6) months, and in that event the application shall be approved." SECTION 9. Sec. 7-8.8 of the Code of Ordinances is hereby created to read as follows: 0 554 "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 10. Sec. 7-8.9 of the Code of Ordinances is hereby created to read as follows: "In any case where the Fire Inspector determines that there are emergency conditions, dangerous to life, health and property affecting a site contained in this ordinance, he may order the remedying of these conditions without approval of the Board. When possible, preference should be given by the Fire Inspector to stabilization, rather than demolition, as the means for correcting the dangerous conditions." SECTION 11. Sec. 7-8.10 of the Code of Ordinances is hereby created to read as follows: "The location of properties to be controlled by this ordinance are: 1. Petter Headquarters, 117 S. First St. 2. Freight Depot-Bauchuss-Johnston Brokerage, 300 S. 3rd; 310 S. 3rd 3. Sinnot Hotel, 201 Broadway 4. Citizens Bank Building, 333 Broadway 5. St. Mary Academy Complex, 225 N. 4th & 218 N. 5th 6. Elks Lodge, 121 N. 5th 7. Columbia Theatre, 510-14 Broadway 8. Arcade Theatre, 500-08 Broadway 9. St. Francis deSales Church, 540 Broadway 10. Irvin Cobb Hotel, 600-606 Broadway; 105 S. 6th 11. Tilghman House, 631 Kentucky Avenue 12. Old National Bank Building, 300 Broadway" SECTION 12. Sec. 7-8.11 of the Code of Ordinances is hereby created to read as follows: "The area of properties to be controlled by this ordinance are: 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 5 555 located at the intersection of the south right- of-way line of Jefferson Street and the west right-of-way line of North 4th Street; thence in a northerly direction along the west right-of-way line of North 4th Street to a point located at the intersection of the west right-of-way line of North 4th 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 7th Street; thence in a southerly direction along the east right-of- way line of North 7th Street to a point located at the intersection of the east right-of-way line of North 7th Street and the south right -o€ -way line of Jefferson Street; thence is a westerly direc- tion along the south right-of-way line of Jeffer- son 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 8th Street; thence in a southerly direction along the east right-of-way line of North 8th Street to a point located at the intersection of the east right-of-way line of North 8th 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 inter- section of the north right-of-way line of Broadway and the east right-of-way line of North 7th Street; thence in a southerly direction, crossing Broadway along the east right-of-way line of South 7th Street to a point located at the intersection of the east right-of-way line of South 7th 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 6th Street; thence in a northerly direction along the west right-of-way line of South 6th Street to a point located at the intersection of the west right-of-way line of South 6th Street and the north right-of-way line of Kentucky Avenue; thence in an easterly direc- tion 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 3rd Street; thence in a southerly direction along the east right-of-way line of South 3rd Street to a point located at the intersection of the east right- of-way line of South 3rd 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 inter- section 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 direc- tion 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 Jeffer- son Street; thence to the point of beginning." 556 SECTION 13. This ordinance shall be read on two separate days and will become effective upon publication of title and a certified summary thereof. GERRY B. MONTGOMERY Mayor Introduced by the Board of Commissioners March 28, 1989 Adopted by the Board of Commissioners April 11, 1989 Recorded by Lenita Smith, City Clerk, April 11, 1989 Published by The Paducah Sun April 17, 1989. \ord/demol W