HomeMy WebLinkAbout88-1-4013249
ORDINANCE NO. 88-1-4013
AN ORDINANCE AMENDING SECTION 62, HISTORICAL ZONES, OF THE �
PADUCAH ZONING ORDINANCE -1976
WHEREAS, a resolution adopted by the Paducah Planning
Commission on December 7, 1987, entitled, "A RESOLUTION CONSTITUTING
THE FINAL REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED
AMENDMENT OF SECTION 62, HISTORICAL ZONES, OF THE PADUCAH ZONING
ORDINANCE -1976", be approved as the final report of said Commission re-
specting the matters therein set forth.
BE IT ORDAINED BY THE,CITY OF PADUCAH, KENTUCKY
SECTION 1. That Section 62.14, Historical and Architectural
Review Commission (HARC), is hereby amended and reordained to read as
follows:
"There is hereby established a Special Board of Adjustment
pursuant to KRS 100.217 and KRS 82.026, which shall be known as the
Historical and Architectural Review Commission (HARC), which shall have
sole and exclusive jurisdiction as a,Board of Adjustment over the
historical zones, landmarks and landmark sites within the City."
SECTION 2. That Section 62.15, Membership of HARC, is hereby
amended and reordained as:read:as follows:
"The HARC shall consist of five members, -each to be appointed
by the Mayor and approved by the City Commission. The term of office
of the members shall be three years, except the terms of two members of
the original commission shall expire within one year. An appointment
to fill a casual vacancy shall be for the unexpired portion of the term
only. Vacancies shall be filled within sixty (60) days. The HARC
shall be a highly specialized administrative body, where practicable,
its membership shall include at least eee-ee%ee-sn�-s-fees-eee
kseee-errs€wed--e-e��-e-b9e�es-gesesea two
preservation -related professional members from the fields of
architecture, history, archeology, architectural history, planning or
related fields, and all members shall have an interest in historic
preservation and a background of historical study. When one or two
professional members are not available for appointment, the Mayor may
appoint other persons interested in historic preservation to serve.
250
When the HARC reviews an issue -that is normally evaluated by a
professional member and that field is not represented by HARC, the HARC
shall seek expert advice before rendering its decision Each member
shall attend at least one informational or educational meeting per
year, approved by the State Historic Preservation Officer, pertaining
to the work of the HARC. No member of the HARC shall vote.on any
matter -that mayaffect the property, -income or business interests of
that member."
SECTION. 3. That Section 62.16,. Powers. and Duties of HARC, is
hereby amended and reordained to -read as follows:
"The HARC is .invested with :the_following.powers and duties:
(a) The HARC shall.have all.powers and duties applicable to
a Board of Adjustment as provided in the ordinance and
by KRS, limited, -however -,.to the landmarks, landmark
sites and the boundaries of the historical zones within
the city.
(b) The HARC is authorized and empowered to act as a fact
finding body and to thereby implement the provisions of
this section which require factual determinations.
(c) The HARC is authorized -and empowered to grant waivers or
variances from the provisions of this section in those
instances where such waivers or variances are _
specifically authorized by the provisions hereof.
(d) The HARC is authorized and empowered to grant
certificates of appropriateness es-here4naftev-"ev4ded.
(e) The HARC is authorized to coordinate and advise with
other federal, state and local administrative boards and
private foundations within its area of interest and to
make such studies as it may deem appropriate; provided,
-.however, that in this capacity the subpoena :power
reposing in it shall not be utilized.
(f) The HARC shall keep such minutes and records as are
required of a Board of Adjustment, and it shall make,
available for public inspection its written minutes and
a written annual report of its activities, cases,
decisions, special projects and qualifications of the
members. The minutes shall include the reasons for the
decisions made by the HARC.
(g) The HARC shall adopt such rules and regulations as it
may deem necessary to -carry -out its functions under the
provisions of this ordinance. Such rules and regula-
tions shall include -rules -of procedure which shall be
made public.
(h) The HARC shall hold at least four meetings per year,
held .at regular intervals, in a public place advertised
in advance and open to the public. All meetings shall
have an agenda that is available before the meeting.
The decisions of the HARC shall be made in a public
forum with applicants notified of the meeting and the
decision.
(i) The HARC shall conduct a continuing survey of historic
buildings and -,areas and..shall_prepare a plan for their
preservation. The HARC shall conduct this work in
2
251
3
accordance with the guidelines of the State Historic
Preservation Office. The HARC shall use the
preservation -plan to assist the city in its overall
planning efforts.
Q)
The HARC shall make recommendations for the designation
of local historic districts, landmarks and landmark
sites.
(k)
The HARC may adopt additional guidelines for the
-�
protection of historic districts, landmarks and landmark
sites.
(1)
The HARC shall participate in handling the National
Register nominations which are delegated to the City
under the Certified Local Government Program. In the
development of the Certified Local Government Program,
the city may ask the HARC to handle other
responsibilities that may be delegated.to the city under
the National Historic Preservation Act.
(m)
The HARC shall advise and assist property owners and
other persons and groups concerned with historic
preservation and shall undertake educational programs
for the public on historic preservation.
(n)
The HARC shall receive assistance in the performance of
its responsibilities -from a.city_staff member or a
person designated by the -city who shall have expertise
in historic preservation or a closely related field.
Other city staff membersmay be asked to assist the HARC
by providing technical advice or helping in the
administration of this section.".
SECTION 4. That Section 62.161, Designation of Historic
D Districts, Landmarks and Landmark Sites,_is_hereby created to read as
follows:
"(a)
of the designation of.a historic district
.Consideration
or a landmark and landmark site -:may: -be originated by the
HARC, or by the filing of an application for designation
b: a property owner.-anv.resident of Paducah or by any
� property �
organization in Paducah An application shall be filed
with the HARC in such form and accompanied by such
information as required. -by the Zoning -Ordinance and the
rules of the-HARC.-:A_-person or.organization proposing a
designation shall give the HARC the names and addresses
of the owners of thecaffected�p.roperty and the owners of
all adjoining'property.,and:property across the street as
listed on the tax rolls of the City of Paducah. The
HARC shall promptly notify these.owners-by certified
mail that .the_ property is` under , consideration for
1 designation anal that a: public- hearing is being held on
the proposed designation.by'.the-HARC. Written notices
shall be considered sufficient. when it....is mailed to the
person:: at the= address:" list -ed on the : tax rolls of the
-City of Paducah or:.when.it is mailed to the last known
address.. of: that. person. = -
1' (b)
The - - 1HARC shall hold a public hearing on the proposed
designation The HARC shall give notice of the time,
Place and reason"for-holding ar_public hearing, thereon.by
one publication iu-a.newspaper,:of:general circulation in
Paducah not earlier :than 21 days or later than 7 days
before the public hearing.
(c)
A historic districts or -landmark shall qualify for
designation when it=meets .Oneror more of the following
criteria which shall be discussed in a report by the
HARC to the Planning Commission. The purpose of the
3
252
designation of a landmark is.to encouraee the
..preservation,.rehabilitation and use of these buildings
Each designation of a landmark shall include the
designation of a landmark site which shall consist of
the land on which the landmark and related buildings and
structures are located.and the land'that provides the
grounds or.the.setting.for the landmark.- A historic
district or landmark shall be designated because of:
(1)• Its valueas a reminder of the cultural or
archeological heritage of the City, state or^,_.I
nation;
(2). Its location as.a site of a significant local,
state or national event;
(3) Its identification with a person or' persons who
significantly contributed to the development of the
City, -state or nation;.
(4) Its identification as the work of a master builder,
designer or architect whose individual work has
influenced -the development of the City, state or
nation; -
(5) Its value as a building that is recognized for the
quality of its architecture and that retains
sufficient elements showing its architectural
significance;
(6) Its character as a geographically definable area
possessing a significant concentration of sites,
buildings,.objects or structures__united by
architectural styles or a plan -or physical
development; or
(7)- Its character as an established and geographically
definable neighborhood, united by culture or past
events.
(d) The public hearing of the HARC shall be held within 60
days after the designation was proposed. The HARC shall
then vote on whether the proposed designation should be
recommended.for approval or should be disapproved.
After voting to recommend that an application for the
establishment of a historic district or.a landmark be
approved, the.HARC',shall forward its -.recommendation with
its reasons:., in, writing,, to. the, Planning-. Commission.
(e) The P1
follow
Commission and the City Commission shall
e, procedures for the amendment of the Zoni
Ordinance when they.vote to approve or disapprove the
designation of a histori.c�:district or.:a landmark. The
comprehensive plan and the -zoning map shall be amended
before'a designation of'a historic district or a
landmark shall be approved.and shall take effect. The
Planning Commission and the'City Commission shall act on
a proposed designation within 120 days after the HARC
makes its -re -commendation. The ,City Commission shall not
approve the recommendation to designate a landmark site
without the approval of the landowner upon which the
landmark is located.
(f) The HARC. shall.notifv each owner of the decision
relating to hIs property and shall arranze that the
designation of a property as a landmark or as a part of
a historic district be recorded in the land records of
the County. The HARC shall also give notice of the
decision to the government offices in the City and
County which.shall retain them for future use.
4
(g) The amendment or rescission of any designation shall be
accomplished through the same steps as were followed in
the original designation."
SECTION 5. That Section 62.162, Nominations -to the National
Register of Historic Places, is hereby created to read as follows:
"(a) To participate in the Certified Local Government program
.established -by -the National Historic Preservation
Amendments Act of 1980, the City shall initiate all
local nominations to the National Register of Historic
Places and shall request the Mayor and the HARC to
submit recommendations on each proposed nomination to
the National Register—The-Mayor and the HARC shall
obtain comments from the -public that shall be included
in their National -Register recommendations. Within 60
days of the rece.pt._of a nomination from a private
individual or the initiation of a nomination by the
City, the City shall informthe State Historic
P-reservation.Office.and the.owner.of the property of the
two recommendations regarding the eligibility of the
property If the Mayor -and the HARC do.not agree, both
opinions shall be forwarded in the City's report. If
both the Mayor and the HARC recommend that a property
not be nominated, the State Historic. Preservation Office
shall inform the property owner and the state review
board, and the property will not be nominated unless an
appeal is filed with the State Historic Preservation
Officer.
(b) -If .ei-ther or both --the :Mayor --and the HARC recommend that
a property should be nominated, the nomination will
receive a..preliminary review by the Kentucky Historic
Preservation Review Board. The review board shall make
-a recommendation -to -the State Historic Preservation
Officer who decides whether to forward the nomination to
the.U.S.. Secretary of the Interior who shall make the
decision on listing the property on the National
Register..- The Mayor;,the HARC or the -property owner may
appeal the final decision by the State Historic
.Preservation Officer;"
SECTION .6.. That.Section .62.,17,' .Conditional Use Certificate
of Appropriateness,:.is-hereby, amended -.and reordained to read as.
follows:
"No person shall, without-first:applying for and obtaininga
special conditional -use permit, to be known as a -Certificate -of
Appropriateness, cause or permit;any-of ,the following changes in
exterior appearances of real-estate in which he has a•legal or
equitable .interest lying within a.historical.:zone of onA landmark
site: ..._
(a) Additive changes:
!(I)-. Moving -any principal or: accessory building onto or
within any lot in the zone or on the landmark site.
(2) Material change or the exterior appearance of any
existing building -by additional reconstruction',
alteration or maintenance, including change in
color;,: form or texture= of materials.
k,
253
254
(3) Construction of any new principal or accessory
building,.patio, courtyard, -parking lot, swimming
pool, basketball.._caurt., ;tennis court, or other real
estate appurtenance.
(b) Changes by removal:
(1) Demolition of any principal or accessory building.
(2) Moving any principal or accessory building from the
historical zone or the landmark site.
(3) Cutting or removal of trees morethan one foot in
diameter.measured.at a heights of one foot
provided, -however, that nothing contained in this
_ordinance.shal be 'construed to hinder or delay the
.removal -of. trees -which `create a danger or a hazard
to life or.property.
(c) The words "change. in exterior -appearance," as used in
this sub..section,- shall apply to alterations or changes
which are ordinarily visible from any public roadway
within a historical zone or adjacent to a landmark site
(excluding alleys)."
SECTION. 7. That Section 62.17.1, Repainting, shall read as
follows:.
"The provisions of this ordinance pertaining to the exterior
color of structures shall not be -applicable in -instances where the only
desired change is the repainting of an'existing structure. The
Historical and.Architectural Review.Commission (HARC) shall serve in an
advisory capacity with:resp.ect to.the historical integrity of the newly
chosen colors involved in repainting. However, no person shall change
the color of the exterior of any structure by repainting without first
informally appearing before'the:HARC at-A.meeting and .advising of the
intended nature of the color change No formalapplication shall be
required, but such appearance shall be noted in the minutes of the
meeting. Having so. appeared and consulted with the HARC, such person
may change the -exterior color.of his structure.by repainting in such
manner as he deems appropriate. No pub'l'ic hearing and no conditional
use certificate of appropriateness shall be required." ..
SECTION 8. That 'Section.;:62.18.,:.-Application for Certificate
of Appropriateness, is hereby amended and reordained to read as
follows:
';Before the commencement of any work for which a Certificate
of Appropriateness is required as hereinbefore provided, an application
to the HARC :therefore shall be.made by the owner and filed in the
Office of Planning and Zoning.- The application shall include, where
applicable, a drawing of the proposed facade and full'plans and
specifications relating to app earance,,color,.t.exture-(of materials)
and architectural design of all portions of the proposed work which,
upon completion,will be ordinarily visible from any public roadway
within the zone -or adjacent to'the landmark sate."
SECTION 9. That Section 62.19, Procedure upon Application
for Certificate, shall read as follows:
"Upon the submission of a Certificate of Appropriateness, the
same shall be placed upon .the agenda for the next meeting of the HARC
for which the agenda has not, under the rules of'the HARC, been
completed, and the applicant shall be advised by the Office of the
Planning and Zoning of the dates time and place of that meeting. At
that meeting, an informal discussion of the application will be held,
and the members of the HARC may make suggestions for alterations of the
proposal to more nearly comply with the terms of this Section. Also,
at the initial meeting, the HARC shall set a date, time and place in
the reasonably near future for a public hearing."
SECTION 10. That Section 62.20, Public Hearing on
Certificate of Appropriateness, is hereby amended and reordained to
read as follows:
"The HARC shall hold a public hearing on each application for
a Certificate of Appropriateness submitted to it, after notice is given
in the same manner as for hearing before the City Planning and Zoning
Commission. The HARC may (a) approve the application, or (b)
disapprove the application, or (c) disapprove the application as
submitted but approve the same with such_modifications as it may deem
necessary to .bring it into compliance with Historical Integrity, or (d)
defer the decision for a period of no longer than one month and one
week. The HARC shall make a decision on each application within 90
days
after a completed
application is
filed provided
that
the HARC
may
vote
to extend its time
for decision
by an additional
90
days when
the
application involves the proposed demolition of a building. The HARC
shall make written findings of fact upon which its decision must rest."
SECTION 11. That Section 62.21, Grounds for Granting
Certificates of Appropriateness, is hereby amended and reordained to
read as follows:
7
255
256
"(a) Additive Changes:
Certificates o°f,Appropriateness pertaining to the moving
of buildings into or within a historical zone or a
landmark site, materially changing appearance, new.
construction or changing walls or fences shall be
granted upon application,therefor if the. HARC .:finds as
fact either (1) that the proposed addition of
improvements will not ordinarily be visible from any
public roadway within the zone or adjacent to the
landmark sit:e,_or (2).that all four Standards for
Determining Historical Integrity have been met.
(b) Changes by Removal:
Certificates of Appropriateness pertaining to moving
buildings from a historical Zone or landmark site,
demolition of buildings or cutting trees shall be
granted upon application therefor if the HARC find's as
fact either (1) that the denial of the proposed action
would.deprive the landowner of the reasonable use of his
land or a fair return of his investment therein, or (2)
that those portions of the -thing sought to be removed
which are ordinarily visible from any public roadway
within the zone or adjacent to the landmark site do not
and cannot, with reasonable restoration efforts, meet
the standards of determining Historical Integrity set
forth in this ordinance.
SECTION 12. That Section 62.229 Maintenance and Safety, is
hereby amended and reordained to read as follows:
follows:
"(a) Nothing in this Section shall be construed to prevent
the ordinary maintenance or repair.of any iexterior of
any building or structure within a historic zone or on a
landmark site. 'Ordinary maintenance or repair' as used
herein shall be deemed to mean any work for which a
building permit is not required by law, where the
purpose and effect of such work is to correct any
deterioration or decay of or damage to a structure or
any part thereof and to restore the same, as nearly as
may be practical, to its condition prior to the
occurrence of such deterioration, decay or damage.
"(b) All buildings within a historic zone or on a landmark
site shall be maintained to meet the requirements of the
building code of the City of Paducah. The HARC shall
request a meeting -with a property owner when his
building in a historic district or his landmark is in
poor repair, and the HARC shall discuss with.the owner
ways to improve the condition or his property. After
this step the HARC may request the :Cit Fire Marshal to
take action to require correction of defects in any
building designated.under this Section so that such
building shall be preserved in accordance with the
urposes of this Section.
"(c) Nothing in this Section shall be construed to prevent
the City Bu+164ng-lnepeeeev Fire Marshal from enforcing
all stage statutes and city ordinances pertaining to the
public safety.
SECTION 13. That Section 62.23, Appeals, shall read as
"Any person aggrieved by any action of the HARC may appeal
the decision thereof to the Circuit Court in the manner
prescribed for appeals from actions of Boards of Adjustment."
1.1
SECTION 14. 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 15.. 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 January 12, 1988
Adopted by the Board of Commissioners January 26, 1988
Recorded by Lenita Smith, City Clerk, January 26, 1988
Published by The Paducah Sun February 1, 1988.
ZONE3
257