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HomeMy WebLinkAbout2009-1-7506ORDINANCE NO. 2009-1-7506 AN ORDINANCE AMENDING SECTIONS 126-3, DEFINITIONS; 126-105, HIGH DENSITY RESIDENTIAL ZONE, R-4; AND 126-115(b), HISTORICAL ZONES, H-1 AND H-2 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 126-3, 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 rise. 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 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, guy -wires, 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. Bed and breakfast. A bed and breakfast is an owner managed and occupied residential structure used as a lodging establishment where a room or rooms are rented on a nightly basis, and in which only breakfast is included as part of the basic compensation. 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. 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 to 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. 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 outer 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 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 bed and breakfast. Dwelling, assisted care. A building, or portion thereof, and consisting of five or more bedrooms, used for residential occupancy by a group. The dwelling is characterized by renters with separate bedrooms for sleeping and that there are shared common areas for reception, recreation, living, cooking, laundry and the like. The unit is further signified by the presence of an employee(s) that provide various services such as housekeeping, maintenance, cooking, security, personal care, and transportation. This definition is distinguished from, and is intended not to conflict with KRS 100.982 and 100.984. 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 of a religious or charitable organization, a private preparatory school or academy furnishing 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 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 [October 26, 1976]. Enforcement officer. The Building Inspector of the city. 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 manmade structure consisting of wood, metal, wire, mesh, masonry or other manmade 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. Groundfloor 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 shop, tearoom, bed and breakfast or animal', hospital be construed to be a home occupation. 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. .Iunkyard. 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. 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 tit five guest rooms where lodging with or without meals is provided for compensation for a period of time not to exceed six months for each west. 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 of the 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 corner 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 single-family dwelling unit constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, and manufactured after June 15, 1976, which is designed to be transported across streets and highways to a point of use, and is equipped with the necessary service connections, and includes the plumbing, heating, air conditioning and electrical systems contained therein, and made so as to be readily movable as a unit or units. 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 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. 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 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. 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. Means anything constructed or made, the use of which requires permanent location in or on the ground or attachment to something having a permanent location in or on the ground including buildings and signs. 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 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 corner lot, free from any kind of obstruction to vision between the heights of two and one-half and 12 feet above established grade, determined by a diagonal line connecting two points measured 15 feet equidistant from the street right-of-way corner 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. 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. Zoning map or map. The zoning map of the city. SECTION 2. That Section 126-105, High Density Residential Zone, R-4, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: "Section 126-105. High Density Residential Zone, R-4. The purpose of this zone is to provide an area that will combine compatible residential and business uses in such a manner that it will buffer low density residential property from high density and commercial uses. (1) Principal permitted uses. a. Any use permitted in the R-3 zone; b. Multi -family dwellings; lac. Nursing homes; ed. Professional office buildings (yard requirements for office buildings shall be the same as the B-1 zone requirements); de. Day-care nurseries; e_f. Cemeteries; Ig. Bed and Breakfast; g_h. Any other use not listed which, in the Commission's opinion, would be compatible with the above uses in the R-4 zone. (2) Conditionally permitted uses. a. List of uses. 1. Commercial greenhouses; 2. Funeral homes; 3. Home occupations; 4. Hotels or motels; 5. Beauty shops and barbershops; 6. Mobile home parks. b. Board of Adjustment approval. The conditionally permitted uses listed above shall be considered as business uses and shall meet the requirements of the B-1 zone. All plans will be submitted to the Planning Commission prior to Board approval and the Commission shall require such conditions as are necessary to maintain the character of this zone. The Board may grant dimensional variances to businesses when lot requirements cannot be met. (3) Single- and two-family dwellings. Single-family dwellings and two-family dwellings shall comply with the requirements of the R-3 zone. (4) Multi family dwellings and town houses. a. Minimum yard requirements. 1. Front yard: 25 feet. 2. Side yard, each side: Six feet. 3. Rear yard: 25 feet. b. Minimum area requirements. 1. Minimum lot area, per unit: 2,000 square feet. 2. Minimum lot width: 50 feet. c. Maximum building height. None. d. Public parking area. Same as section 126-104(5)e. SECTION 3. That Section 126-115(b), Historical Zones, H-1 and H-2, of Chapter 126, Zoning, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: "Section 126-115. Historical Zones, H-1 and H-2. (a) Use provisions for Historical -Commercial Zone, H-1. The purpose of the H- 1 Historical -Commercial Zone is to encourage the development, redevelopment and the preservation of the city's historical -commercial area. (1) Principal permitted uses. a. Any use permitted in a B -2-T zone; b. Any other use which the Historical and Architectural Review Commission (hereinafter called HARC) finds, based upon evidence at a public hearing, would not impair the historical integrity of the Historical -Commercial Zone. (2) Minimum yard requirements. None. (3) Minimum area requirements. None. (4) Minimum building height. None. (5) Screening requirements. Same as section 126-72. (6) Parking requirements. None. (b) Use provisions for Historical Neighborhood Zone, H-2. The purpose of the H-2 zone is to encourage the development, redevelopment and preservation of the city's historic neighborhood areas. (1) Principal permitted uses. a. Any principal use permitted in an R-4 zone except multi -family dwellings; b. Funeral homes; c. Beauty shops and barbershops; d. Florist shops; e. Ledging heuses; €e. Assembly building of cultural, fraternal, professional and labor organizations; g_f. Antique shops; hg. Restaurants; }h. Retail establishments, provided they are conducted wholly within a building except for off-street loading and unloading, and provided further that product processing is not allowed on the premises; T. - r— -� ., }i. Real estate agencies; k . Insurance agencies; 1k. Dressmaker's establishment; and ml. Any similar use which the HARC finds, based upon evidence at a public hearing, that would not impair the historical integrity of the historical neighborhood zone. Q Conditionally Permitted Uses a. Lodging houses. (24 (3) Dimensional requirements. a. Minimum lot area: 1. Single family dwellings: 4,000 square feet. ... b. Minimum side yard: Six feet. c. Minimum front yard: 25 feet. d. Minimum rear yard: 25 feet. e. Maximum building height is 35 feet or no higher than 2 feet taller than the tallest principal building on either side of the proposed new construction. (3) 4) Screening requirements. Same as provided in section 126-72(1)e. For the purposes of screening between the H-2 zone and all adjoining zones, the H-2 zone shall be treated as residential property under subsections (1)a and b of section 126-72. (4) (5) Parking requirements. Same as provided in section 126-71, provided that parking areas will be placed to the rear of the rear line of the principal structure upon any lot unless the HARC shall find, upon evidence at a public hearing, that the waiver of this provision shall only minimally affect the historical integrity of the neighborhood zone. (5) L6,) Waiver of lot requirements. The requirements of subsections 126- 64(b) and (c) may be waived by HARC, upon a finding based on evidence at a public hearing that such waiver will not impair the historical integrity of the neighborhood zone. (6) Q Reserved. (c) Standards for determining historical integrity. The criteria to be applied in determining the existence of "historical integrity" as that phrase is used in this section shall be: (1) That the proposed action is in harmony with the wording and intent of this section. (2) That the proposed action will be complementary to all conforming structures within the zone. (3) a. That the proposed action is in conformity with at least a majority of the applicable guidelines for exterior features promulgated by the Secretary of the Interior of the United States in the publication "Standards of Rehabilitation" (January 1990 Revision: GPO 230 394), as amended from time to time, and as set forth in any subsequent edition of this publication. b. The proposed action is not addressed in the Standards of Rehabilitation. (4) a. That those portions of the affected real estate which are ordinarily visible from any public roadway within the zone are characteristic in appearance to architectural styles, materials and color shown by the evidence to have been prevalent in Paducah prior to 1940 or at the date of original construction of the structure, whichever date is earlier. b. The proposed new construction complies with the HARC Advisory Design Guidelines and a majority of the Secretary Standards of Rehabilitation. (d) Historical and Architectural Review Commission (HARC) established. 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. (e) Membership of HARC. (1) The HARC shall consist of five members, each to be appointed by the Mayor and approved by the City Commission. (2) 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. (3) Vacancies shall be filled within 60 days. (4) The HARC shall be a highly specialized administrative body. Where practicable, its membership shall include at least 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. (5) When one or two professional members are not available for appointment, the Mayor may appoint other persons interested in historic preservation to serve. (6) 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. (7) Each member shall complete education credits in compliance with KRS 147A.027. All training must pertain to the work of HARC. (8) No member of the HARC shall vote on any matter that may affect the property, income or business interests of that member. (f) Powers and duties of HARC. (1) General powers and duties. 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 this section and by state law, 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. ,: -IT :_. � � i _ i --, . I - - �---- I-�,_ ----I--- --...-- ..- ,,. a . �":.., d. The HARC is authorized and empowered to grant certificates of appropriateness. 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 section. Such rules and regulations 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 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. j. 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 district, 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. in. The HARC shall advise and assist property owners and other persons and groups concerned i 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 members may be asked to assist the HARC by providing technical advice or helping in the administration of this section. (2) Designation of historic districts, landmarks and landmark sites. a. Consideration of the designation of a historic district or a landmark and landmark site may be originated by the HARC, or by the filing of an application for designation by a property owner, any resident of the cityor any organization in the city. An application shall be filed with the HARC in such form and accompanied by such information as required by this section 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 the affected property and the owners of all adjoining property and property across the street as listed on the tax rolls of the city. The HARC shall promptly notify these owners by certified mail that the property is under consideration for designation and that a public hearing is being held on the proposed designation by the HARC. Written notice shall be considered sufficient when it is mailed to the person at the address listed on the tax rolls of the city or when it is mailed to the last known address of that person. b. The HARC shall hold a public hearing on the proposed designation. The HARC shall give notice of the time, place and reason for holding a public hearing thereon by one publication in a newspaper of general circulation in the city not earlier than 21 days or later than seven days before the public hearing. c. A historic district or landmark shall qualify for designation when it meets one or more of the following criteria, which shall be discussed in a report by the HARC to the Planning Commission. The purpose of the designation of a landmark is to encourage 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 . f:1. Its value as a reminder of the cultural or archeological heritage of the city, state or 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 of 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 Planning Commission and the City Commission shall follow the procedures for the amendment of this section when they vote to approve or disapprove the designation of a historic 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 recommendation. 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 notify each owner of the decision relating to his property and shall arrange that the designation of a property n, 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. g. The amendment or rescission of any designation shall be accomplished through the same steps as were followed in the original designation. (3) Nominations to the National Register of Historic Places. 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 receipt of a nomination from a private individual or the initiation of a nomination by the city, the city shall inform the state historic preservation office and the owner of the property of the two recommendations regarding the —mom 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 either 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. (g) Certificate of appropriateness required for changes in exterior appearance. (1) Generally. No person shall, without first applying for and obtaining a . 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 or on a landmark site: a. Additive changes: 1. Moving any principal or accessory building onto or within any lot in the zone or on the landmark site. 2. Material change of the exterior appearance of any existing building by additional reconstruction, alteration or maintenance, including change in color, form or texture of materials. 3. Construction of any new principal or accessory building, patio, courtyard, parking lot, swimming pool, basketball court, tennis court or other real estate appurtenance. b. Change 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. c. The words "change in exterior appearance," as used in this subsection, 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. d. The determination of 'ordinarily visible from the roadway" is made by the Zoning Administrator. Appeals of the Zoning Administrators decision can be made to HARC in accordance with KRS 100.261. (h) Application for certificate of appropriateness. (1) Before the commencement of any work for which a certificate of appropriateness is required as hereinbefore provided, an application to the HARC therefor shall be made by the owner and filed in the office of Planning and Zoning. (2) The application shall include, where applicable, a drawing of the ,proposed facade and full plans and specifications relating to appearance, color, texture (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 site. (i) Informal discussion regarding certificate of appropriateness. (1) Upon the submission of an application for 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 Planning and Zoning of the date, time and place of that meeting. (2) 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 meeting. (j) Public hearing on certificate of appropriateness. (1) Action by HARC. 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 Commission. The HARC may: a. Approve the application; b. Disapprove the application; 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. (2) Time limit; findings of fact. a. 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. b. The HARC shall make written findings of fact upon which its decision must rest. (k) Grounds for granting certificates of appropriateness. (1) Additive changes. Certificates of 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: a. That the proposed addition or improvements will not ordinarily be visible from any public roadway within the zone or adjacent to the landmark site; or b. That a majority of the standards for determining historical integrity have been met. (2) 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 finds as fact either that: a. 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 b. 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 section. (3) Routine alterations. The following list of routine alterations can be issued a Certificate of Appropriateness by the Chairman of HARC without the necessity of a public hearing. The Zoning Administrator will make the determination if the alteration is routine and requires a public hearing. If the proposed change is not listed in this subsection, then the formal application process with a public hearing is required. If the Chairman of HARC elects not to sign the Certificate of Appropriateness for the routine alteration, then the application shall be forwarded to the Board and go through the formal application process with a public hearing. a. Additive changes: 1. New roof of the same style and material. 2. Structures other than buildings, signs or fences. b. Changes by removal: Removing a non -historic feature from a structure which makes the structure more characteristic of the time period in which it was built. Examples include but are not limited to siding, 'storm windows, or other non - original features. Replacement of these items requires a formal application with la public hearing. 2. Removal of non -historic fences. 3. Cutting or removal of trees that are more than one foot in diameter measured at a height of one foot; provided., however, that nothing contained in this section shall be construed to hinder or delay the removal of trees which create a danger or a hazard to life or property. c. Repainting. In instances where repainting already painted surfaces, any change in color shall require a Certificate of Appropriateness. Requests to paint an unpainted surface requires the formal application process with a public hearing. (1) Maintenance and safety standards. (1) Ordinary maintenance and repair permitted. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior of any building or structure within a historic zone or on a landmark site. "Ordinary maintenance or repair," as used in this subsection, 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 items using the exact same style and material to its condition prior to the occurrence of such deterioration, decay or damage. (2) Maintenance required; correction of defects. a. 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. b. 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 city Building Inspector to take action to require correction of defects in any building designated under this section so that the building shall be preserved in accordance with the purposes of this section. (3) Enforcement of safety standards. Nothing in this section shall be construed to prevent the city Building Inspector from enforcing all state statutes and provisions of this Code and any other ordinances of the city pertaining to the public safety. (m) Appeals. 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. SECTION 4. 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, an provision hereof separable from all other sections, paragraphs and provisions. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: Jymft�w S' &7-- k- Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, December 9, 2008 Adopted by the Board of Commissioners, January 13, 2009 Recorded by Tammara S. Brock, City Clerk, January 13, 2009 Published by The Paducah Sun, January 19, 2009 \winword\ord\plan\zone\126-3, 105 & 115 1-09